Scott A. Sinder

Federal Policy Advocacy

Current federal legislative and regulatory advocacy includes work on:

• Reauthorization of the expiring Tax Cuts and Jobs Act tax provisions (specifically Section 199A (extending the special expensing provision for pass-through entities), Section 163j (eliminating or minimizing this TCJA cap on interest expense deductions); protecting 1031 like-kind real estate investment exchanges; and extension/expansion of the Base Erosion and Anti-Abuse Tax (BEAT) on foreign-based corporations)
• Improvements to and expansion of Opportunity Zones tax provisions.
• The promotion of transparency and prevention of anti-competitive business practices in the pharmacy benefit management industry at both the state and federal levels.
• Expanding the proposed federal Secure and Fair Enforcement Banking Act (SAFE and SAFE(R) Banking Acts) which would enable banks to provide services to state-authorized cannabis businesses to include insurance services (drafted amendments which have been incorporated into the base text).
• Addressing arising issues in commercial and multi-family lending
• Regulation of the use of generative AI
• Privacy and cyber-security proposals
• Health plan data reporting and transparency legislative and regulatory requirements
• The SEC’s Climate Change Rule
• Issues related to the designation and regulation of “Systemically Important Financial Institutions” under the Dodd-Frank Wall Street Reform Act

State Insurance Legislative and Regulatory Advocacy

• Represented two industries (travel and pet insurance) in enacting National Association of Insurance Commissioners (NAIC) model acts and worked on the successful implementation of both of those model acts in the states.
• Work on every NAIC model law/proposed model law that impacts the insurance producer community (licensure, appointments, fee practices, privacy, cyber-security, etc.)
• Advocated to essentially vacate a then-recently enacted Nevada law that would have exempted defense costs from an insurance policy’s liability caps.

Insurance/InsureTech Regulatory Compliance Work

• Oversee the maintenance of state law surveys on the primary areas of insurance producer regulation (licensure, appointments, rebating, fees & commissions, referral fees, premium trust accounts, data breaches, and privacy/cyber-security)
• Assist with the creation and qualification of insurance agency platforms to address a wide variety of business objectives (private equity platforms; joint marketing arrangements; insurtech arrangements that bundle insurance and other products; trade association affinity arrangements; etc.)
• Work with other Steptoe professionals to advise insurance and insurtech/fintech clients on a wide array of other insurance-related compliance issues that impact insurance distribution, including:
  • Product bundling arrangements
  • Referral fee arrangements
  • Agency client fee agreements
  • Co-brokering agreements
  • Insurance agency merger and acquisition regulatory issues
  • Discounting/Rebating issues
  • Managing General Agency licensure and other compliance obligations
  • Compliance with state annuity sales rules
  • Privacy/cyber-security requirements
  • AML/OFAC compliance

Congressional Oversight and State Enforcement Matters

• Defense of a global life insurance carrier responding to Congressional investigations of their financial products.
• Representation of a global property and casualty insurance company responding to Congressional inquiries related to the impact of climate change on the insurance industry.
• Work with insurance agencies and brokerage firms in satisfying their regulatory obligations in responding to indictments and other inappropriate activities of firm personnel.
• Represented an InsurTech client before the New York Department of Financial Services in response to inquiries related to the offering of identity theft products.
• Worked with New York prosecutors to bring charges against a fraudulent Managing General Agent that had defrauded our client.
• Assisted an insurance wholesaler in responding to a fraudulent Managing General Agency placement scheme

• "Overview of Key Provisions and Issues to Consider," American Land Title Association, February 21, 2018

• "Insurance Coverage for Cyber Risks," CIAB, October 19, 2016

• "DOL Fiduciary Rule: What it Means for NAIFA Members and Their Practices," NAIFA, April 13, 2016

• Chambers USA, Government: Government Relations, Nationwide (2011-2024)
• Legal 500 US, Government: Government Relations (2016-2019)
• Author of the Legal Ease column of Leader’s Edge magazine, a cutting-edge, award-winning publication on the insurance industry

• General Counsel and Board Member, Foundation to Eradicate Duchenne (2002-present)
• General Counsel, Council of Insurance Agents & Brokers
• General Counsel, Commercial Real Estate Finance Council
• Deputy General Counsel for delegate selection and other senior roles, Kerry for President Campaign (2004)

Trade Association/Non-Profit Organizations

In addition to Scott's advocacy and compliance work, he also acts as the lead legal officer for many of his non-profit organization clients. In this role, Scott oversees the management all of these organizations’ legal work, including:

• Chief Legal Officer, Council of Insurance Agents & Brokers (1999-present)
• General Counsel, Home Ownership Alliance (1999-2005)
• General Counsel, Commercial Real Estate Finance Council (2004-present)
• General Counsel, Economic Innovation Group (2013-present)
• General Counsel, BuildStrong America (2024-present)
• General Counsel, SOF Action (2024-present)
• General Counsel and Board Member, Foundation to Eradicate Duchenne (2002-present)