Sanford Michelman presented, “How to Escape the Confusing Purgatory of Information Privacy Laws” at the Independent Insurance Agents & Brokers of California (IIABCal) 2016 Blue Ribbon Conference on the Big Island of Hawaii on May 3, 2016. The presentation explored the genesis of modern day privacy laws and how they apply specifically to insurance brokers, dealers and agents. In this segment, Sanford details the basic requirements of information privacy laws to which all companies must adhere.
Sanford Michelman was named a 2016 Best Lawyer in America in both Commercial Litigation and Insurance Law. Read more about him at the Best Lawyers website.
“Sanford is a brilliant strategist. He’s always five steps ahead of everyone else. Sanford has great foresight and foresees the multiple paths in which situations can play out… He asks great questions, actively listens and is very creative, yet on point, with his advice.”
Back in March Sanford co-authored a Law360 article titled, “A Primer on Defending Your Calif. Insurance License.” The article begins:
For clients, there is little that can match the emotion of receiving an accusation from the California Department of Insurance seeking to revoke the license that justifies your business’s existence. The reason is that licensees are conditioned to believe they have little to no rights when defending against the department. In this instance, it is good to be wrong.
An accusation is a charging document; the document the department must issue to place the licensee on notice of what it is alleging as violations of insurance laws. It is only in the rarest situations that the department can essentially skip the issuance of an accusation and summarily revoke a license. This is good news because if the department believes insurance laws have been violated, it must tell a licensee, with specificity, what it is that was allegedly violated. This is a requirement that a licensee be provided “notice.” This starts the process that leads to an administrative hearing. After receiving notice, the licensee is entitled to respond by serving its own notice that it intends to defend itself and would like a hearing.
All accusations are served with a notice of defense form, but this does not include a critical document most often missed by novice practitioners — a “special notice of defense.” A special notice of defense is parallel to affirmative defenses in civil litigation — if they are not raised at a certain time, these defenses are forever waived.
Sanford will be presenting at the Association of California Insurance Companies (ACIC) General Counsel Seminar in Las Vegas on July 22, 2015 (1:35 pm – 2:30 pm). He will be speaking about California Department of Insurance Enforcement Actions, potential outcomes, and strategies for a successful settlement, hearing and appeal.