Frederick J. Pomerantz

Frederick J. Pomerantz

Attorney Profile

Top Rated Business & Corporate Attorney in Great Neck, NY

Selected To Super Lawyers: 2016 - 2021
Licensed Since: 1980
Education: Brooklyn Law School
Practice Areas:
  • Business/Corporate (50%),
  • Administrative Law (20%),
  • Mergers & Acquisitions (20%),
  • International (10%)
Languages Spoken:
  • English,
  • French,
  • Spanish
  • Free Consultation
Attorney Profile

Frederick J. Pomerantz focuses his practice on serving the corporate, commercial and regulatory compliance requirements/needs of insurers, domestic and overseas (with subsidiaries in the U.S.) Throughout his nearly 40 year legal career, many insurance companies have come to rely on Fred not only as their client relationship manager but also as a trusted advisor to their board and management. As of January 1, 2021, Fred is now a Vice President and Director of the Federation of Regulatory Counsel, Inc., a unique peer-review organization of insurance regulatory-focused lawyers of which he has been a member for 28 years (serving as 2020 Chair and President).

Since opening his new practice in May 2018, Fred has been the "regulatory attorney of choice" for large international law firms requiring a project leader for all state insurance regulatory requirements pre- and post-merger involving purchasers both inside the U.S. and overseas, including Baker McKenzie, Squire Patton Boggs and Mayer Brown, involving their national and international clients, in particular arising from issues in their New York-based insurance business.

Fred has also held prominent leadership positions with the Association of Insurance and Reinsurance Runoff Companies, International Reinsurance Underwriting Authority  and the New York State Bar Association. He possesses an AV rating from Martindale-Hubbell.

A frequent author on insurance regulation and other topics, Fred has published articles in major insurance trade journals in the United States, Argentina, Japan, and the United Kingdom. He has organized seminars and webinars on a variety of topics, including e-commerce, automobile telematics, ownership of data and privacy issues, the impact of Superstorm Sandy on the insurance markets, and Federal insurance issues including the Nonadmitted and Reinsurance Reform Act, the role of the Federal Insurance Office in state and international insurance regulatory affairs, and the role of climate change on regulation of the insurance industry worldwide. Fred has been a guest speaker and panelist at meetings of, among others,  the FORC, the Surplus Lines Law Group, and the AICP.  

Representative Matters 

Transactions involving formation and licensing of insurers and insurance-related entities: 

  • Formation and registration of purchasing groups 
  • Formation of U.S. branches of alien insurers, life insurance, and property and casualty company subsidiaries in numerous states 
  • Domestication of a Canadian insurer’s U.S. branch and the merger of a new subsidiary into a large insurer 
  • Domestication of three U.S. branches of Japanese insurers 
  • Working with Bermuda counsel in drafting of an information circular of a Bermuda mutual reinsurance company,, FRMT, Ltd. owned by U.S. college fraternities, in connection with capital-raising 

Regulatory advice and corporate compliance: 

  • Representation of insurers and purchasers of insurers at Form A (acquisition/merger applications) hearings in California, Florida, Indiana, Kentucky, Oregon, and Wisconsin 
  • Representation of a Japanese life insurer in its $5B acquisition of a U.S.-based, publicly traded, insurance holding company, as well as ongoing representation in Oregon and New York (2018-present)
  • Assisting insurers in preparing and filing Forms A (acquisition/merger applications) and B (holding company registration statements) and Enterprise Risk Management reports
  • Representation of brokers and surplus lines brokers at disciplinary hearings in California, New York, and New Jersey 
  • Negotiating and drafting reinsurance contracts 
  • Counseling the owner of an Arizona captive insurer in connection with the sale of the captive and the transfer and assumption of its workers’ compensation policies
  • Advising insurance companies and brokers on corporate governance issues (e.g., USA Patriot Act, Sarbanes-Oxley, privacy, money-laundering, Dodd-Frank Act) 

Litigation and arbitration: 

  • Representation of reinsurers and cedents in arbitrations involving insurance regulatory and statutory accounting issues 
  • Led successful defense of a Nebraska-domiciled life reinsurer in a $171 M RICO action by an insolvent cedent in Louisiana

About Frederick Pomerantz

Admitted: 1980, New York

Professional Webpage: https://www.linkedin.com/in/frederick-pomerantz-10bb2b161/

Honors/Awards:

  • The Best Lawyers in America, 2017-18 (Insurance Law)
  • International Lawyers Directory
  • New York Metro Super Lawyers, 2016-17, annual notifications from New York Metro Super Lawyers
  • Martindale-Hubbell Peer Review Rating: AV Preeminent

Bar/Professional Activity:

  • New York State Bar Association: Former Chair, Committee on Governmental Regulations, Torts, Insurance, and Compensation Law Section; Member, Health Law Section
  • Member of Insurance Committee of Association of the Bar of the City of New York, 2019
  • Insurance Federation of New York (IFNY)
  • Association of Insurance and Reinsurance Runoff Companies (AIRROC): Member, Publications Committee
  • Federation of Regulatory Counsel, Inc.: Director/ Officer and Committee Chair, 2012

Pro bono/Community Service:

  • Member of Board of Trustees, The Great Neck Synagogue, Great Neck, New York, 2008

Scholarly Lectures/Writings:

  • Presenter, "Telematics: Legal and Privacy Considerations," CPCU Society, January 26, 2016
  • “Marketing and Sale of Travel Insurance Gets Tougher in New York,” FORC Journal, Vol. 18, Edition 2, Summer 2007
  • Presenter, "Covered Agreements: An Impact on Surplus Lines Business?"Surplus Lines Law Group Spring Meeting, Sonoma, CA, March 15, 2016
  • Author, “Complying With New Medicare Reporting Requirements Applicable to Liability Insurers and Self-Insurers,” FORC Journal, Vol. 20, Edition 2, Summer 2009
  • Presenter, "Big Data: Price Optimization and Telematics," AICP Mid-Atlantic Chapter Education Day, Baltimore, MD, June 13, 2016
  • Author, “Legislative Update,” AIRROC Matters, Vol. 6, No. 1, Spring 2010
  • "A Short-Lived Victory for MetLife Over SIFI Designation?" Law360, April 12, 2016
  • Author, “The Dodd-Frank Act: Seven Months Later,” AIRROC Matters Special Edition: Education Summaries, March 3, 2011
  • "Uncovering the Agreement," Insurance Day, April 29, 2016
  • Author, “Recent Developments in Rhode Island Commutation Plan Filed By GTE Re,” AIRROC Matters, Vol. 7, No. 1, Spring 2011
  • Author, November 2017 Edition of FORC Alerts, New York State, November 21, 2017
  • Author, “Direct Procurement: Recent Developments in the Law,” FORC Journal, Vol. 22, Edition 2, Summer 2011
  • Co-Author,“Future of Covered Agreement Open to Question,” Insurance Day, October 16, 2017
  • Author, “Rhode Island Commutation Plan Filed by GTE Re Upheld by the State’s Superior Court,” AIRROC Matters, Vol. 7, No. 2, Summer 2011
  • Author, “The Impact of the Current Administration on the FIO and Dodd-Frank,” IRUA Journal of Reinsurance, Fall 2017
  • Co-Author, “The Dodd-Frank Act: Is Insurance Modernization on the Horizon,” AIRROC Matters, Vol. 8, No. 1, Spring 2012
  • Co-Author, “Overview of the Reinsurance Regulatory Environment,” “Reinsurance Regulation in the United States,” and “International Insurance Regulation,” Chapters 24-26 in Reinsurance Professional's Deskbook, 2017-2018 ed., Thomson Reuters and DRI, 2017
  • Co-Author, “NRRA Grows Up Fast: FIO May Rescue Gaps Left in the Dodd-Frank Act,” AIRROC Matters, Vol. 8, No. 1, Spring 2012; FORC Journal, Vol. 22, Edition 4, Winter 2011
  • Co-Author, “New York Regulatory Issues in the Wake of Sandy,” FORC Journal, Vol. 23, Edition 4, Winter 2012
  • Author, "New York’s Cybersecurity Regulation: A Practical Guide,” Federation of Regulatory Counsel Journal, Spring 2017
  • Author, “Post Irene and Sandy: Use of Hurricane Deductibles,” Law360, February 4, 2013
  • Quoted in “Deal or No Deal? U.S. Divided on E.U. Insurance Agreement,” Risk.net, March 1, 2017
  • Co-Author, “New York Department of Financial Services Investigates Life Insurance Industry’s Use of Captive Reinsurers While NAIC Approves Use of ‘Principle-Based Reserving’ to Address ‘Redundant Reserves,’” FORC Journal, Vol. 24, Edition 1, Spring 2013
  • Author, “Cease and Desist: Is This the Beginning of the End for Concierge Medicine Practices?” Federation of Regulatory Counsel, Vol. 27, Edition 4, Winter 2016
  • Author, “Use of Hurricane Deductibles in the Northeast States,” FORC Journal, Vol. 24, Edition 2, Summer 2013; Insurance Law 360, February 4, 2013
  • Insurance Regulatory Contributor, The Insurance and Reinsurance Report blog: www.insurerereport.com
  • Co-Author, “A Call for Forward-Looking Disaster Risk Evaluation and Greater Private Sector Involvement Amid Surveys, Estimates, and Statistics,”FORC Journal, Vol. 24, Edition 3, Fall 2013
  • Presenter,  "Through the Looking Glass - Telematics Data Ownership and Other Cyber Security Risks and Protections: The Regulatory Ecosystem," Insurance Analytics Conference, New Orleans, LA, October 21, 2016
  • Co-Author, “A Superstorm Sandy Retrospective: How the Actions of New York Regulators May Shape Responses to Future Natural Disasters,” Property Casualty 360, November 15, 2013
  • Co-Author, “Lloyd’s in the United States,” Ch. 80, New Appleman on Insurance Law Library Edition, 2016
  • Author, “Despite the Best of Intentions, Paving the Way for the Next Financial Meltdown Part II: Getting Ready,” FORC Journal, Vol. 25, Edition 1, Spring 2014
  • Co-Author, "Looking for Balance in Principle-Based Reserving," Law360, August 23, 2016
  • Presenter, "Big Data Price Optimization and Telematics," AICP Mid-Atlantic Chapter Education Day, Baltimore, MD., June 13, 2016
  • Co-Author, “Commissioner Kobylowski: NJ’s Robust Regulatory Agenda,”AIRROC Matters, Vol. 10, No. 2, Summer 2014
  • Author, "Uncovering the Agreement," Insurance Day, April 29, 2016
  • Co-Author, “Do Lloyd's TCF Rules Harm US Coverholders?” Global Reinsurance, July 23, 2014
  • Co-Author, “A Short-Lived Victory for MetLife Over SIFI Designation?” Law360, April 12, 2016
  • Co-Author, “Too Big To Fail? MetLife To Fight Federal Agency’s Designation of the Insurer as a ‘Systemically Important Financial Institution,’” The Insurance and Reinsurance Report, September 11, 2014
  • Presenter, "Covered Agreements: An Impact on Surplus Lines Business?" Surplus Lines Law Group Spring Meeting, Sonoma, CA, March 15, 2016
  • Panelist, “Surplus Lines Regulation After the Nonadmitted and Reinsurance Reform Act” and “FIO for the P&C Compliance Professional,” Association of Insurance Compliance Professionals Annual Conference, September 14-17, 2014
  • Presenter, "Telematics: Legal and Privacy Considerations," CPCU Society, January 26, 2016
  • Presenter,  “Brexit: What Will It Mean for International Insurance and Insurance Regulation?" American Conference Institute, 14th National Forum on Insurance Regulation, New York City, March 8, 2018
  • Presenter, "Hot Topics in Insurance Regulation," NAIC Fall National Meeting, Washington, D.C., November 20, 2015
  • Presenter, "Big Data Price Optimization and Telematics," AICP Mid-Atlantic Chapter Education Day, Baltimore, MD., June 13, 2016
  • Author, "Paid Family Leave Debuts in New York," GS PLM: Professional Liability Magazine, February 2018
  • Author,  “The Impact of the Current Administration on the FIO and Dodd-Frank,” FORC Journal, Vol. 28 Ed. 3, Winter 2017
  • Vehicle Telematics, Moderator and Panelist, Moderator, Federation of Regulatory Counsel, Inc., AIRROC and ABA Tips Section, Insurance, 2015
  • Vehicle Telematics: Underwriting, Legal and Adjudication Considerations, Panelist, CPCU Society, Insurance, 2016
  • Author, “Twisting in the Wind: Covered Agreement Dangling by Uncertainty and Politics,” AIRROC Matters, Fall 2017
  • Co-Author, “Auto Insurance Telematics Data Privacy and Ownership,” Mealey’s Data Privacy Law Report, May 2015, Auto Insurance Telematics Data Privacy and Ownership, Mealey’s Data Privacy Law Report, Insurance, 2015
  • Author, “Government Regulations Committee Holds Breakfast Seminar on Electronic Commerce in the Insurance Industry,” NYSBA Cover to Cover, Summer 2000
  • Co-Author, “Hydraulic Fracturing: A Retrospective of Key Legal Disputes in 2014 and Predictions for the Future,” AIRROC Matters, Spring 2015, Hydraulic Fracturing: A Retrospective of Key Legal Disputes in 2014 and Predictions for the Future, AIRROC Matters, Insurance, 2015
  • Presenter, "Transfer of Legacy Claims," Surplus Lines Law Group Fall Meeting, Kansas City, MO, October 2, 2015, Presenter, Transfer of Legacy Claims, Surplus Lines Law Group , 2015
  • Author, “The Payment of Referral Fees to Unlicensed Persons in New York,” FORC Journal, Vol. 13, Edition 2, Summer 2002
  • Co-Moderator, "RX for Run-Off: Four Experts Expound," AIRROC Matters, Summer 2015, Co-Moderator and Co-Author, AIRROC Matters, Insurance And Reinsurance, 2015
  • Co-Author, “What Activities Are Permissible By Unlicensed Agents or Brokers in New York?” FORC Journal, March 2005
  • Panelist,  “FIO for the P&C Compliance Professional,” Association of Insurance Compliance Professionals Annual Conference, September 14-17, 2014, Panelist, FIO for the P&C Compliance Professional, Association of Insurance Compliance Professionals, Insurance, 2014
  • Author, “Alternatives in a Hard Market,” PLUS Journal, July/August 2002
  • Panelist, “Surplus Lines Regulation After the Nonadmitted and Reinsurance Reform Act”  Association of Insurance Compliance Professionals Annual Conference, September 14-17, 2014, Panelist, “Surplus Lines Regulation After the Nonadmitted and Reinsurance Reform Act, Association of Insurance Compliance Professionals, Insurance, 2014
  • Author, “Foreign Assets Control Regulations and the Insurance Industry: Applicability of OFAC Rules to Insurance Producers, Managing General Agents, and Programs,” FORC Journal, Vol. 15, Edition 1, March 2004

Transactions:

  • Representation of a Japanese life insurer in its acquisition of a U.S.-based,  NYSE publicly traded, insurance holding company. Currently New York and Oregon General Counsel to the ultimate parent company in Japan; Sale of U.S. subsidiary property & casualty insurer by leading Japanese property/casualty insurer; Representation of reinsurer in arbitration of RICO lawsuit brought in Louisiana state court (removed to U.S.D.C., E.D. La. and subsequently remanded to arbitration) involving insurance regulatory and statutory accounting issues;   Assisting insurers in preparing and filing Forms A (acquisition/merger applications) and B (holding company registration statements)  Representation of brokers and surplus lines brokers at disciplinary hearings in California, New York, and New Jersey    Negotiating and drafting complex reinsurance and retrocession contracts; Counseling the owner of an Arizona captive insurer in connection with the sale of the captive and the transfer and assumption of its workers’ compensation policies. , 1990

Newsletters:

  • Blogposts and client alerts: Insurance and Reinsurance; Cyber Security and Liability  , Insurance

Educational Background:

  • Cornell University, M.A., 1975
  • Brooklyn Law School, J.D., 1979
  • City College of New York, B.A., magna cum laude, 1973 (Phi Beta Kappa)

Industry Groups

  • Agents
  • Brokers
  • Claims Adjusters
  • Domestic
  • foreign and overseas)
  • Insurance companies(underwriters
  • MGAs
  • Reinsurers
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Office Location for Frederick J. Pomerantz

35 Fairview Ave
Great Neck, NY 11023

Frederick J. Pomerantz:

Last Updated: 6/4/2021

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