Dewey & LeBoeuf has been involved for more than twenty years in the alternative risk transfer market, including representing captive insurers, risk retention groups, risk purchasing groups and commercial insurers and reinsurers organized in offshore markets such as Bermuda, Cayman and Barbados. This area of practice, which augments our insurance practice, has developed cutting-edge structures for captives and risk retention groups and has been involved in all aspects of the operations of these types of entities including:

1. Organization advice including domicile, corporate structure, securities law issues, insurance regulatory advice, drafting of insurance and reinsurance policies and antitrust advice;
   
   
2. Tax advice including issues as to deductibility of premium, controlled foreign corporation status, passive foreign investment company status, withholding tax issues, federal excise tax, state premium taxes, engaging in a U.S. trade or business for federal income tax purposes and branch profits taxes;
   
   
3. Redomestication of captive insurers, including licensing;
   
   
4. Design of products including reinsurance pools for captive insurers;
   
   
5. Tax controversy and litigation;
   
   
6. Formation and completion of filings for both risk retention groups and risk purchasing groups.

     Our clients vary from small privately-held businesses to Fortune 500 companies. Further, we have represented numerous offshore operations, investors and underwriters in the formation of such offshore companies.

Single Parent Captives

Group or Association Captives

Agency Captives and
Rent-A-Captives

Industry-Specific Captives

Just Posted

Download 3 articles posted March 2009, all reprinted with the kind permission of IRMI. For full article index, scroll down this page.

Visit our website at

www.deweyleboeuf.com

Presentations

August 2007: Hot off the presses from VCIA, download Bruce Wright's well-received presentation entitled Pulling Up Roots: Reasons and Methodsfor Redomestication. This presentation takes you from A to Z on the redomestication issue.

"REDOMESTICATION OF CAPTIVES INTO NEVADA" presented for the Nevada Captive Insurance Association in Las Vegas on February 24, 2006.

“DISTRIBUTION OF CAPTIVE PROFITS” from the Atlas Legal, Tax and Financial Aspects of Captive Insurance Companies Conference in San Francisco, July 11-12, 2005.

“OVERVIEW OF CAPTIVE TAX AND REGULATORY CONSIDERATIONS” from the Atlas Legal, Tax and Financial Aspects of Captive Insurance Companies Conference in San Francisco, July 11-12, 2005.

“EMPLOYEE BENEFITS AND CAPTIVES©”from the Atlas Legal, Tax and Financial Aspects of Captive Insurance Companies Conference in San Francisco, July 11-12, 2005.

“UNDERSTANDING KEY ELEMENTS OF GROUP CAPTIVES AND RISK RETENTION GROUPS©” from the IBC 9th Annual International Captives Congress in Orlando, June 13-15, 2005

Articles

3 articles posted March 2009, all reprinted with the kind permission of IRMI.

DOL Issues Proposed Exemption on Funding Benefits Through A Captive
by P. Bruce Wright, Esq. and Martha N. Steinman, Esq.

The Rules of Insuring Employee Benefits in Captives
by P. Bruce Wright and Katherine S. Kamen
Reprinted with the permission of Risk Management from the August 2002 issue. Copyright 2002 RMSP, Inc. All rights reserved.

Potential Impact of the Chubb/Hartford Tax Proposal on Risk Retention Groups and Other Group Captives
by P. Bruce Wright, John W. Weber and Karen Deibert
Reprinted with permission from the June 2000 Risk Retention Reporter—Volume 14, Number 6

Purchasing Insurance from Unlicensed Insurers
by P. Bruce Wright and John W. Weber
Reprinted with permission from Risk Management magazine, August 1998 issue, pages 43-49