Ann Young Black
Partner

Florida

Email: ay@jordenusa.com
Phone: 305.371.2600
Fax: 305.372.9928

Ann Young Black is a Partner in the Firm's Miami office. She counsels financial services clients in their involvement with a broad range of financial and insurance products and related services. Ms. Black also advises clients with respect to a broad range of insurance, regulatory, and business issues.

She regularly advises clients on the developmental and structural issues along with securities, insurance, and commodities regulatory issues in connection with insurance, financial, and retirement plan products. She has been instrumental in advising insurance companies and related financial and insurance services companies in the issuance and implementation of stable value or principal protected contracts. She also advises clients as to their development or utilization of hedge funds for insurance products, including collateralized fund obligations.

Ms. Black counsels financial service clients on the federal and state securities and insurance regulations governing distribution of various financial products. To the extent that new business relationships are needed for the distribution arrangements, she advises clients on the contractual issues.

Ms. Black also advises a wide variety of other clients on: i) legal structure, formation and contractual issues; and ii) securities, insurance and derivatives regulatory matters in a variety of transactions. Ms. Black also provides guidance on federal and state securities issues and insurance regulations in a number of the Firm's litigation and risk counseling matters.

Representative Matters

• Advise on the status of fixed declared rate annuities with market value adjustments and fixed index rate annuities under the Section 3(a)(8) of the Securities Act of 1933.
• Design bank owned and corporate owned life insurance contracts and underlying investment options, including stable value products, fund of hedge funds and structured note products. Drafting of operative documents related to and disclosure documents for such BOLI and COLI products.
• Design and draft contingent deferred annuities or synthetic annuities to be sold with managed accounts.
• Perform risk analysis of products, sales materials, suitability programs based upon current actions by state attorney generals and insurance regulatory authorities.
• Advise on and respond to attorney general and state insurance regulatory authority investigations and market conduct examinations.
• Advise on a variety of insurance regulatory matters, including but not limited to (i) point of sale requirements, including suitability analysis, replacement requirements, and disclosures; (ii) advertising and marketing of life and annuity products, including contract summaries, illustrations, television advertisements, global branding campaigns; (iii) product design, including required provisions for individual and group life and annuity products and nonforfeiture issues; (iv) insurable interest; (v) eligible groups and group coverage issues; (vi) producer, third party administrator and managing general agent licensing, audit and oversight and other related regulatory requirements; (vii) discrimination, rebating and other unfair trade practices issues.
• Negotiate and draft various insurance service and insurance administrative contracts.

Speeches and Publications

• Speaker: "Litigation Update," ACLI Compliance & Legal Section Annual Meeting, July, 2008
• Speaker: "What Not to Do When Developing Your Sales Programs: Recent Trends in Litigation and Compliance," American Bankers Insurance Association, September 2007
• Speaker: "Update on Evolving Litigation Issues Confronting Life Insurers: A look over the shoulder as a precursor of things to come," American Council of Life Insurers Annual Meeting, July 2006
• Contributing Author: Sun Life Financial Distributors, Inc., "Independent Marketing Organizations' Roundtable, April 2006
• Speaker: Sun Life Financial Distributors, Inc., "Independent Marketing Organizations' Roundtable, June 2005
• Contributing Author: ALI-ABA Conference on Life Insurance Products, Variable Insurance Product Compliance: Sarbanes-Oxley Updated and Proposed Rule 38a-1, May 2003
• Speaker: Jorden Burt Anti-Money Laundering Videoconference
• Co-Author ALI-ABA Conference on Life Insurance Litigation, Insurance Market Conduct Litigation: Recent Developments in Jurisdiction, Discovery and Merits Issues, May 1997