Greg E. Mitchell

Industry Team Leader

Lexington, KY

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Practices

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Biography

Greg’s practice is concentrated in the areas of commercial and corporate transactions, insurance regulatory matters and insurance insolvency, international regulation and trade compliance (export/import, customs, licensing and technology transfer, sale/labeling/regulation of goods, foreign investment, structuring of international sales and manufacturing operations, distributorships and joint ventures) and workouts/restructuring.

Greg heads the firm’s insurance regulatory practice group, which provides a variety of insurance related legal services, including representation of national insurance carriers in regulatory compliance and licensing matters, including life and health, MEWAs, self-insurance funds, unauthorized insurers and conversions. He regularly attends meetings of the National Association of Insurance Commissioners and his work has been cited numerous times in Mealey’s publications.

Greg is a member of the Federation of Regulatory Counsel and he also chairs the Insurance Regulatory practice group of Multilaw, an international association of law firms located in 150 commercial centers throughout the world.

Prior to joining the predecessor to Frost Brown Todd, Greg was associated with the high-technology/international trade practice group of Buchanan Ingersoll, P.C. and with American Export Group International Services, Inc., a Washington D.C./Baltimore based export corporation doing business mainly in Western Europe and the Middle East.

Greg's Relevant Experience

Insurance Industry

Development and approval of national insurance/extended warranty/service contract products and programs, including distribution, marketing and compensation systems.

Formation and authorization of various types of risk bearing entities, including domestic and off-shore captives, risk retention groups, risk purchasing group, captive/risk retention groups, life and property and casualty insurers, as well as group and self-insurers.

Insurance producer licensing, business entity licensing and limited lines licensing and design of regional, national and international insurance product distribution systems, including call center operations.

Holding company system filings and licensing, as well as preparation of insurance management and outsourcing agreements.

Market conduct, special target examinations and other type of investigations by state and federal regulators, including MAWG actions.

Counsel for over 120 former members of the Kentucky workers’ compensation group self-insurance fund, AIK Comp in Rehabilitation.

Counsel for numerous insurers affected by the liquidations of Reciprocal of America, Legion and Reliance, as well as other domestic and off-shore insolvencies.

Lead counsel on the liquidation and related litigation of the National Business Association Trust/National Benefit Administrators, Inc., a Kentucky unauthorized insurer doing business in 22 states.

Handled general litigation matters for the estate, including claims administration, document retention/depository, asset management, coordination with the departments of insurance, and reports to the Court, as well as acted as lead counsel in numerous adversary proceedings, including officer-director suits, preference and collection actions.

Coordination counsel on the liquidation of Kentucky Central Life Insurance Company.

Handled general rehabilitation/liquidation matters for the estate, including claims administration, document retention/ depository, asset management, coordination with NOLHGA, and reports to the Court, as well as acted as lead counsel in numerous adversary proceedings, including multi-million dollar preference actions, foreclosures, and collection actions. Also special counsel in actions against officers, directors and auditors.

Oral argument before the 9^th Circuit Court of Appeals concerning an unauthorized insurance MEWA, insurance insolvency, ERISA and application of the U.S. Bankruptcy Code.

Insurance Insolvencies

American Chambers Life Insurance Company

AIK Comp

Frontier

Legion/Mutual Risk Management Ltd

Reciprocal of America/The Reciprocal Group

First Virginia Re

Doctors Insurance Reciprocal Group

Mutual Holdings (Bermuda) Ltd

Reliance

Numerous issues for various parties to the insolvency proceedings of admitted carriers and other risk bearing entities, including captives

International Services

Counsel on numerous foreign investment transactions and related regulatory compliance in the EEC, South America, Mexico, Canada, the former Soviet Union, Pakistan, India, China and South Africa among others.

Counsel in defense of multi-million dollar customs criminal investigation involving allegations of violations of the Tariff Act of 1933, the Buy-American Act, among others.

Counsel in numerous anti-dumping investigations, several gray market good investigations and numerous compliance audits and training presentations relating to export/import issues.

Counsel on numerous trade compliance and regulatory internal investigations.

Counsels clients in import and export operations, including establishment of trade compliance programs and voluntary disclosure issues before the Bureau of Industry and Security and the Directorate of Defense Trade Controls.

Counsels clients in all aspects of international trade and regulatory compliance, including acting as outside regulatory counsel.

Counsel on numerous foreign investment transactions, including off-shore alternative risk transfer entities

Representative Matters

Lead counsel on numerous MAWG actions, and multi-state department investigations, corrective action plans and regulatory settlement agreements.

Counsel for 24 Kentucky hospitals in the second largest case ever tried before the Virginia corporation in the Reciprocal of America insurance insolvency proceeding, which included issues on the guaranty fund system and definition of insurance.

Lead counsel on the development and regulatory compliance of numerous specialty insurance programs

Lead counsel of the formation of numerous captive and alternative risk financing entities, both in the U.S. and in foreign jurisdictions

Lead counsel on numerous commercial foreclosures/workouts involving multi-million dollar loans, receiverships and lender liability defense issues for various lending institutions, the FDIC, RTC and liquidators

Counsel on numerous foreign investment transactions

Trial counsel with Grant Cowan in the Nowicki litigation which resulted in $17.3 million judgment (at the time – second largest jury verdict in Eastern District of Kentucky)

Other Info About Greg

Education

Law School

Northern Kentucky University, Salmon P. Chase College of Law, J.D., 1987

Undergraduate School

University of Kentucky, B.A., 1982, with distinction

George Washington University School of Public and International Affairs, Advanced Studies, Fall 1983 – Spring 1984

Bar Memberships

Greg is licensed to practice in the following state(s):

Pennsylvania, 1987

Kentucky, 1988

Courts

Greg is admitted to practice before the following court(s):

Supreme Court of Pennsylvania

Supreme Court of Kentucky

U.S. District Court for the Eastern District of Kentucky

U.S. District Court for the Western District of Kentucky

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Western District of Pennsylvania

U.S. Court of International Trade

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Supreme Court

Recognition

Local & National Recognition

U.S. Department of State Certificate of Appreciation, July 2014

The Best Lawyers in America®, Insurance Law, 2007-2019

Martindale-Hubbell®, AV Preeminent®, Rated

Professional Affiliations

Professional Affiliations & Memberships

Bluegrass Tomorrow, Board Member

Pennsylvania Bar Association

Federation of Regulatory Counsel, Inc.

Insurance Regulatory Examiners Society, Member

INSOL, Member

National Society of Professional Insurance Investigators, Member

International Association of Insurance Receivers, Accredited Insurance Receiver, Legal

Association of Insurance Compliance Professionals, Midwest Chapter President

Society for International Affairs, Member

U.S. Travel Insurance Association (UStiA)

Global Alliance of Travel + Tourism + Hospitality Attorneys (GATTHA), Member

Fayette County Bar Association, Business & Corporate Law, Bankruptcy Law and Intellectual Property & Computer Law Practice Sections

Kentucky Bar Association, Business Law and Bankruptcy Law Sections

American Bar Association, Business Law, Intellectual Property Law and Tort & Insurance Practice (Life Insurance Law Committee, Excess, Surplus Lines and Reinsurance Committee, and Insurance Regulation Committee, Self Insurers and Risk Managers Committee); International Law & Practice (Export Controls and Economic Sanctions Committee, Customs Law, Russia-Eurasia Committee, International Trade Committee)

Civic Activities

Civic & Charitable Organizations

Kentucky World Trade Association

Bluegrass International Trade Association, Past President

Kentucky Science & Technology Corporation

Mary Queen of the Holy Rosary School, former Board Member

Barkley Woods Homeowners’ Association, former Board Member

Kentucky Middle School Football Association, President

Lexington Catholic Athletics Committee, Member

Firm Committees

Greg serves or has served in the following leadership role(s) at Frost Brown Todd:

Multilaw Insurance Regulatory Practice Group, Chair

Insurance Regulation Practice Group Leader

Presentations

Greg was invited to speak at the following events:

Innovation & Compliance: Compliance in InsurTech, American Banker Association (ABA) Insurance Distribution Exchange, September 2019

Disability Income & PSO Laws: Solutions to Gap Between Income & Expenses, AICP Annual Conference, September 2019

Market Conduct and the Expanded Use of Extended Warranties, Extended Warranty & Service Contracts Innovations, September 2019

InsuranceConnect 2019 Moderator, September 2019

InsurTech Sandbox Innovation: KY House Bill 386, NCOIL Summer Meeting, July 2019

The Regtech Revolution: Using Technology to Improve Insurance Regulatory Outcomes, Insurtech Insights Global Summit, June 2019

Tech/Innovation Panel, AICP Education Day – Midwest Chapter, May 2019

Travel Insurance Limited Line Licensure: The Need for an NCOIL Model Act, UStiA, April 2019

U.S. Travel Protection Products Regulatory Update, ITIC Americas, February 2019

Navigating the Hazards of Market Conduct, Extended Warranty & Service Contracts Innovations, October 2018

Smart Regulation Enables Innovation Insurance Innovators, Unscripted Podcast, April 2018

Extended Warranty as a Tool to meet Growing Customer Expectations, ENG Automotive Warranty Management Conference, October 2017

Nirvana It’s Not: Understanding the Changes to the Affordable Care Act, AICP Annual Meeting, October 2017

Compliance & Enforcement, The Things That Keep You Up at Night, Extended Warranty & Service Contracts Innovation Conference, September 2017

The Post-Election Insurance Landscape: Washington, the States, and the NAIC, AICP Midwest Chapter Education Day, May 2017

Inbound & Outbound U.S. Travel Protection Products Regulatory Update
International Travel and Health Insurance Conference (ITIC Americas), February 2017