John P. Mulhern

Partner
john.mulhern dbr.com
Phone: (212) 248-3190 (212) 248-3190
Fax: (212) 248-3141

About

John P. Mulhern* represents clients in insurance regulatory, business planning and transaction matters at the state and federal level in the U.S. as well as internationally, with particular experience in cross-border trade. He has extensive experience representing insurers, reinsurers, captives, intermediaries, brokers, start-ups, commercial insurance buyers, trade associations, alternative markets and other participants in the insurance marketplace.

John advises both U.S. and non-U.S. insurers on planning new or expanded operations in the U.S., acquiring existing operations, and market entry and exit strategies. He has assisted insurance clients with the formation of new companies, acquisition of books of business, development of new products and markets, and with high-profile and complex multi-state compliance projects. John’s experience also includes advising industry participants on InsurTech regulatory issues and a wide variety of e-commerce initiatives.

Outside the traditional insurance industry, John advises financial institutions and other businesses on their risk transfer activities and insurance-related operations. He has interacted with regulators throughout the country and assisted state regulators in the drafting of regulatory and legislative proposals. He also testifies at regulatory and legislative hearings.

John has done extensive work on property and casualty products as well as esoteric and nonstandard accidental health products with respect to risk transfer elements of various aspects of the sharing economy. He has advised life insurance companies in connection with threatened class actions alleging under-reserving such as XXX and AXXX reserve requirements and related issues.

As an active participant at the National Association of Insurance Commissioners (NAIC) meetings, John has served as a member of various NAIC technical resource groups, addressing such diverse issues as reinsurance collateral reform; nonadmitted insurance transactions; liquidations, receiverships and rehabilitations; international and nonadmitted premium taxation; and related issues. 

*John Mulhern's practice is limited to advising clients on U.S. law, and he is not admitted to practice as a solicitor in England and Wales.

Experience

John’s extensive experience representing and advising participants in the insurance marketplace includes:

  • Represent admitted insurers and brokers in market entry, market withdrawal, transfers of books of business, implementation of merged operations and resolution of major compliance issues with state insurance regulators.
  • Represent regulated entities in investigations by regulatory agencies.
  • Advise overseas insurers, U.S. insurers, U.S. intermediaries and others on all aspects of non-admitted insurance in the United States.
  • Assist life insurance companies in connection with threatened class actions alleging under-reserving such as XXX and AXXX reserve requirements and related issues.
  • Assist U.S. groups in establishing non-admitted insurance operations.
  • Assist non-U.S. groups in establishing U.S.-based insurer and brokerage operations.
  • Assist leading insurance brokers with compliance and operational planning issues.
  • Advise on international insurance and reinsurance transactions.
  • Assist participants in the Bermudian marketplace in transacting business with U.S. entities.
  • Advise on alternative risk transfer issues.
  • Work on U.S. trust structures and other U.S.-based assets to support non-U.S. insurers operating in the U.S.
  • Advise on the development of unique products and use of Internet marketing and transaction facilities.
  • Advise on the initial formation, 50-state authorization and ongoing operations of a mutual financial guaranty insurer.
  • Advise on formation of offshore captive insurer for a U.S.-based university.
  • Advise on the formation and taxation of captive insurers in US domiciles.
  • Advise clients regarding UK Part VII transfers and U.S. recognition.
  • Represent clients on issues related to the New York Free Trade Zone.
  • Advise clients on matters related to requests for extraordinary dividend approval.
  • Assist clients in the sharing economy and other internet-based transactions in seeking regulatory approval for their business models.
  • Represent clients in high profile and national issues such as insurance of criminal acts and private associations supporting the second amendment in disputes with state governments, up to and including the gubernatorial level.
  • Assist in the transfer of insurance programs supporting telecommunication companies that were made necessary by mergers of said companies.
  • Work with large U.S.-based groups that grew through acquisition in reorganizing and rationalizing their corporate structures.
  • Advise Bermudian-based and other international clients reconsidering the basis for their trading rights in the U.S.
  • Advise clients in international accident and health coverage and property casualty insurance for student exchange programs and other ex-patriots.
  • Assist companies owned or controlled by a foreign government in obtaining trading rights in the U.S., including any related sanctions issues.

Recognitions

Chambers USA, Band 3 - New York, Insurance: Transactional & Regulatory (2017-2019)
Chambers USA, New York Recognized Practitioner, Insurance (2016)

Awards Methodology (www.drinkerbiddle.com/content/awards)

John Mulhern ‘has deep connections with regulators and is invaluable in providing guidance,’ remark impressed clients. He is recognized for his considerable strength handling complex insurance regulatory issues, especially for London market clients.

Chambers USA (2019)

John Mulhern of Drinker Biddle & Reath LLP is acknowledged as an experienced regulatory lawyer with a great reputation in the London insurance market. A source states that in this area ‘his advice, guidance and knowledge is unsurpassed.’

Chambers USA (2018)

Credentials

Bar Admissions

  • New Jersey
  • New York

Education

  • University of Illinois College of Law, J.D., magna cum laude
  • St. John's University, B.A., cum laude

Organizations

  • Wholesale & Specialty Insurance Association (WSIA)