Scott M. Kosnoff

Partner

Overview

Scott Kosnoff is a top-notch regulatory, transactional and public policy counselor who loves his job. Trusted by regulators and industry alike, he helps insurance clients seize exciting opportunities and accomplish ambitious goals, including in the following areas:

  • Artificial intelligence, Big Data and Algorithms
    • Working with the firm’s data consulting subsidiary, Scott uses his first-hand knowledge of evolving regulatory standards to help insurers minimize their risk of regulatory, litigation and reputational exposure. (We have validated and tested client and third party algorithms for unwanted bias, helped clients build a risk management framework and drafted protocols for the use of AI, data and algorithms.) Scott and his colleagues can help your organization use AI safely and responsibly.
    • Scott also helps clients stay on top of and shape the emerging standards and regulations that will govern AI. Key policymakers frequently seek his input on how to encourage innovation and protect consumers because they value his sensible, balanced approach.
    • At the invitation of the NAIC’s executive team, Scott briefed the nation’s top insurance regulators on the benefits and risks of AI at a closed-door commissioners’ roundtable.  He subsequently presented to the NAIC’s AI Working Group at the request of the chair and helped the working group develop Principles on Artificial Intelligence. (The principles, which were unanimously adopted by the NAIC’s members, set out the regulators’ expectations and will form the basis for future regulatory activity.)
    • When the NAIC hosted a special nationwide screening of Coded Bias, they asked Scott to lead a panel discussion of the film, algorithmic bias and regulatory strategies that can protect consumers without stifling innovation.
  • Mergers, acquisitions and multistate regulatory approvals. Form A filings, Form E filings, public hearings, the whole nine yards.
  • State-based insurance regulation, including action at the NAIC.
    • Regulatory and public policy matters of all shapes and sizes, helping clients with the who, what, where, when and why.
    • Race, equity, inclusion and insurance issues.
    • Suitability, sales practices, compliance assessments and market conduct challenges.
    • Holding company and corporate governance issues, including board duties and disclosure requirements.
  • Federal legislative, regulatory and policy developments. Insurance-related matters involving Congress, Treasury, the Federal Insurance Office, the FDIC and the Fed.
  • International insurance regulation. Standard setting by the Financial Stability Board and the International Association of Insurance Supervisors — and what it means for United States-based companies.
  • Reinsurance. Indemnity and assumption reinsurance transactions and credit for reinsurance issues.
  • Troubled company and insolvency matters. Helping clients deal with someone else’s mess. 

Desert Island Must-Haves

  • U2, Star Trek, Iced Tea with Extra Lemon

Credentials

Bar Admissions

Indiana

Court Admissions

U.S. District Court for the Southern District of Indiana

Education

University of Michigan Law School
J.D. magna cum laude, Order of the Coif, Michigan Law Review (associate and contributing editor) (1988)

Indiana University, Bloomington
B.S. with highest distinction (1985)

Insights & Events

Other Perspectives
  • I Can See Clearly Now – AI, Data and Ethics
    Speaker, Faegre Baker Daniels Privacy and Cybersecurity Summit, November 2019
  • Nearing a Resolution on Resolution
    Co-author with Sara Powell, NOLHGA Journal Vol. XXIII, Number 2, June 2017
  • From All Sides
    Co-author with Sara Powell, NOLHGA Journal Vol. XXI, Number 2, June 2015
  • Learning From the Financial Crisis
    Co-author with Sara Powell, FORC Quarterly Journal of Insurance Law and Regulation, March 2014
  • Dodd-Frank and Its Impact on Insurance Regulation
  • No Rest for the Weary: State, Federal and International Developments Impacting Guaranty Funds
  • How U.S. and International Responses to the Financial Crisis Are Shaping the Future of Insurance Regulation
  • Update on International Insurance Regulation
  • The FDIC's Preferred Resolution Strategy Under Dodd-Frank
  • Federal and International Update Regarding Receivership and Guaranty System Issues
  • Financial Services Reform: Implications for the Insurance Industry
  • Resolution Mechanisms in an Era of Systemic Risk
  • Acquisitions of Regulated Companies and Blocks of Business
  • 60 Minutes of Suitability
  • PBMs: Living in a Brave New (Increasingly) Regulated World
  • Constructive Guaranty Association/Receiver Interactions in a World of Complex Products and Interests

 

Leadership & Community

Professional Associations

  • Association of Life Insurance Counsel
  • Federation of Regulatory Counsel — Past Chair
  • American Bar Association — Tort, Trial and Insurance Practice Section (Insurance Regulation Committee, Past Chair)
  • National Association of Insurance Commissioners — Regularly attends NAIC meetings

Honors

Awards Methodology

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