Tom Morante's practice focuses on the intersection of insurance, securities, corporate, banking, tax and data privacy laws in an increasingly complex global regulatory environment. He counsels a broad range of domestic and foreign financial services companies, with a focus on the insurance industry.
Insurance. Mr. Morante is the co-chair of the firm's Insurance Industry Team. His clients include insurance companies, reinsurers, captive insurers, funds and fund managers, and insurance brokers/agents/producers. He advises on regulatory and corporate transactional matters with respect to the following insurance product lines: life and annuities (including private placement), health, title, property and casualty, extended warranty, disability, environmental, political risk, D&O and cyber risk.
Mr. Morante's representative matters include insurance company merger and acquisition, policy analysis and drafting, agent/intermediary licensing and digital distribution arrangements, captive insurance structuring, fronting/reinsurance transactions, and insurance dedicated fund formation for variable products. He also counsels clients on domestic and foreign compliance and enforcement issues.
Mr. Morante is also a member of the firm's Cybersecurity and Privacy Team and its Risk and Crisis Management Team. In addition, Mr. Morante counsels insurance clients in connection with the initiatives of the Federal Insurance Office (FIO), the designation of systemically important financial institutions (SIFIs) by the Financial Stability Oversight Council (FSOC) and the regulatory initiatives of the International Association of insurance Supervisors (IAIS).
Latin America. In collaboration with attorneys in the firm's U.S., Bogotá and Mexico City offices and through partnering with Latin America law firms, Mr. Morante handles cross-border mergers and acquisitions, establishing operations, regulatory compliance and enforcement matters on behalf of insurers, reinsurers, alternative capital providers and distributors in connection with life, health, P&C, title, extended warranty, D&O, political risk, captive insurance and reinsurance. In addition, he helps businesses comply with the Cuban Asset Control Regulations and advises in connection with the Foreign Claims Settlement Commission and the Cuban Claims Program. He is a member of the firm's Latin America Practice and Latin American Investigations teams, is fluent in Spanish, and has studied abroad in Colombia, Mexico and Spain.
Offshore Insurance. Mr. Morante assists in the development of offshore life insurance, annuities and other financial products in Bermuda and other offshore jurisdictions. He also provides counsel on the foreign country laws implicated in the distribution and cross-border sale of offshore insurance products, with an emphasis on Latin America and Asia.
International Trade Regulation. Mr. Morante advises insurance and other financial services companies and investors with respect to the U.S. Foreign Asset Control Regulations (OFAC), the USA Patriot Act and foreign country anti-money laundering laws, the Foreign Corrupt Practices Act (FCPA) and foreign anti-corruption legislation, and the OECD’s Common Reporting Standard (CRS) regarding automatic annual exchange of financial account information among signatory countries.
Mr. Morante also counsels clients on the financial services and insurance provisions of free trade agreements, including the North American Free Trade Agreement (NAFTA), the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA), the Free Trade Agreements (TPA) with Chile, Peru, Colombia and Panama, and the recently agreed Trans-Pacific Partnership and upcoming Congressional approval process. He also advises in connection with European Union insurance legislation, with emphasis on the Solvency II Directive.