John P. Mulhern represents clients in insurance regulatory, business planning and transaction matters at the state and federal level in the United States as well as internationally, with particular focus on cross-border trade. He has extensive experience representing insurers, reinsurers, captives, intermediaries, brokers, start-ups, commercial insurance buyers, trade associations, alternative markets and other participants in the insurance marketplace.
John advises both US and non-US insurers on planning new or expanded operations in the United States, acquiring existing operations, and mapping out market entry and exit strategies. He has assisted insurance clients with the formation of new companies, acquisition of books of business, development of new products and markets, and high-profile and complex multistate compliance projects. John’s experience also includes advising industry participants on insurtech regulatory issues and a wide variety of e-commerce initiatives.
Outside the traditional insurance industry, John advises financial institutions and other businesses on their risk transfer activities and insurance-related operations. He has interacted with regulators throughout the United States and assisted state regulators in drafting regulatory and legislative proposals. He also testifies at regulatory and legislative hearings.
John has done extensive work on property and casualty products as well as esoteric and nonstandard accidental health products with respect to risk transfer elements of various aspects of the sharing economy.
As an active participant at the National Association of Insurance Commissioners (NAIC) meetings, John has served as a member of various NAIC technical resource groups, addressing such diverse issues as reinsurance collateral reform; non-admitted insurance transactions; liquidations, receiverships and rehabilitations; international and non-admitted premium taxation; and related issues.
Represented admitted insurers and brokers in market entry, market withdrawal, transfers of books of business, implementation of merged operations and resolution of major compliance issues with state insurance regulators*
Represented regulated entities in investigations by regulatory agencies*
Advised overseas insurers, US insurers, US intermediaries and others on all aspects of non-admitted insurance in the United States*
Assisted life insurance companies in connection with threatened class actions alleging under-reserving, such as XXX and AXXX reserve requirements and related issues*
Assisted US groups in establishing non-admitted insurance operations*
Assisted non-US groups in establishing US-based insurer and brokerage operations*
Assisted leading insurance brokers with compliance and operational planning issues*
Advised on international insurance and reinsurance transactions*
Assisted participants in the Bermudian marketplace in transacting business with US entities*
Advised on alternative risk transfer issues*
Worked on US trust structures and other US-based assets to support non-US insurers operating in the United States*
Advised on the development of unique products and use of internet marketing and transaction facilities*
Advised on the initial formation, 50-state authorization and ongoing operations of a mutual financial guaranty insurer*
Advised on the formation of an offshore captive insurer for a US-based university*
Advised on the formation and taxation of captive insurers in US domiciles*
Advised clients regarding UK Part VII transfers and US recognition*
Represented clients on issues related to the New York Free Trade Zone*
Advised clients on matters related to requests for extraordinary dividend approval*
Assisted clients in the sharing economy and other internet-based transactions in seeking regulatory approval for their business models*
Represented clients in high-profile and national issues, such as insurance of criminal acts and private associations supporting the second amendment in disputes with state governments, up to and including the gubernatorial level*
Assisted in the transfer of insurance programs supporting telecommunication companies that were made necessary by mergers of said companies*
Worked with large US-based groups that grew through acquisition in reorganizing and rationalizing their corporate structures*
Advised Bermudian-based and other international clients reconsidering the basis for their trading rights in the United States*
Advised clients in international accident and health coverage and property casualty insurance for student exchange programs and other expatriate issues*
Assisted companies owned or controlled by a foreign government in obtaining trading rights in the United States, including any related sanctions issues*
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