With more than 25 years of experience as a lawyer and investment banker, Brian Barrett advises (re)insurers, banks, broker-dealers, fintech companies and pension sponsors on transactional, regulatory and compliance matters.
Brian’s transactional practice includes assisting:
•Pension sponsors and (re)insurers in connection with pension risk transfer transactions, including buyouts/liftouts, longevity swaps and reinsurance of annuity blocks;
•Financial-technology companies with respect to charter and state licensing and examination matters and banks, payment processors and payroll processors in connection with credit/debit prepaid cards, ACH transfers and mobile payments;
•Issuers, underwriters, sponsors and asset managers in connection with ILS securitizations, CLOs and sidecars;
•Life and non-life (re)insurers in connection with collateralized reinsurance transactions, reserve financing structures and RBC-driven transactions;
•Lenders and borrowers in connection with syndicated and bilateral loan and LoC facilities and loan warehouse facilities; and
•Dealers and end-users on derivatives and margin documentation, prime brokerage agreements and repo, securities lending and collateral management transactions.
Brian’s regulatory advisory work extends to insurance, banking and money transmitter laws, the Dodd-Frank Act, the National Bank Act, the Bank Holding Company Act, the FDIA, the Insurance Holding Company System Regulatory Act, U.S. securities laws, the Basel 3 risk-based and leverage capital rules, NAIC’s RBC rules, the Insurers Rehabilitation and Liquidation Act, BSA/AML and OFAC rules, federal and state privacy rules (including GLB restrictions), FCRA, EFTA and Regulation E, and Durbin/Regulation II.
Prior to joining Eversheds Sutherland (US), Brian served as Vice President for Global Liquidity Products at Goldman Sachs in New York, where he developed products and executed transactions in which banks, insurance companies, catastrophe bond issuers, money market funds and pensions deployed liquidity.
Awards and Rankings
Honored with BTI Consulting Group’s Client Service Award for delivering unsurpassed client service (2016-2017)
Recognized by The Legal 500 United States in the area of capital markets: equity offerings (2015)
Multimedia
Open Banking and the future of financial technology (February 7, 2019)
Open Banking has the potential to transform the financial services ecosystem. New players in the market can use data shared through Open Banking to compete with incumbent providers and to provide ...
Webcast: De-Risky Business: Legal and Practical Issues in Pension Settlements (November 12, 2014)
CLE Presentation
Sutherland and BCG Terminal Funding Co. co-host a webinar, covering recent developments in the pension buyout and lump sum settlement market. Panelists will summarize features of recent pension ...
Podcast: Quick Call: Registered ILS - Capital Raising Opportunities in the Retail Space (December 12, 2013)
Sutherland attorney Brian Barrett is speaking on a Quick Call: Registered ILS - Capital Raising Opportunities in the Retail Space, from 12:30-1:00pm ET on Thursday, December 12, 2013. Attendees will ...
News
In the News
Insurers Favor Fed’s BBA Capital Standard over Consolidated Approach (October 18, 2016)
A.M. Best
Sutherland Partner Brian Barrett is quoted in this A.M. Best article providing insight on the Federal Reserve Board’s newly proposed domestic capital standard, a two-tier approach for the insurers it ...
Banks’ Favorite New Strategy: Footnote 151 (April 7, 2016)
The Wall Street Journal
Partner Brian Barrett is quoted in an article by The Wall Street Journal regarding banks referencing footnote 151 in the 2013 document “Regulator Capital Rules” in hopes to lower the burden of new ...
Alternative Capital Outlook: New York Event (June 22, 2015)
Reactions
Partner Brian Barrett is quoted in a Reactions article regarding the potential impact if the alternative capital space continues to increase at a rapid rate. “Some investors may be unable to invest ...
CFTC Grants No-Action Relief to Commodity Pool Operators with Respect to Certain Insurance-Linked Securitization Vehicles (February 3, 2015)
FC&S Legal
Sutherland’s legal alert, “CFTC Grants No-Action Relief to Commodity Pool Operators with Respect to Certain Insurance-Linked Securitization Vehicles,” is featured in FC&S Legal.
Press Releases
Two Eversheds Sutherland (US) Partners Recognized as All-Stars for Client Service (February 9, 2017)
NEW YORK-Eversheds Sutherland (US) LLP is pleased to announce that two partners, Brian G. Barrett and Cynthia R. Shoss, were named 2017 BTI Client Service All-Stars. The annual list recognizes ...
The American Lawyer Recognizes EXOR’s Acquisition of PartnerRe for M&A Deal of the Year in its 2016 Global Legal Awards (July 25, 2016)
NEW YORK-Sutherland Asbill & Brennan LLP is pleased to announce that The American Lawyer has named a matter in which the firm played a key advisory role as M&A Deal of the Year in its 2016 Global ...
Three Sutherland Partners Recognized as All-Stars for Client Service (February 10, 2016)
ATLANTA and NEW YORK-Sutherland Asbill & Brennan LLP is pleased to announce that three partners, Brian Barrett, Peter G. Pappas and Marc A. Rawls, were named 2016 BTI Client Service All-Stars. The ...
14 Sutherland Practice Areas, 62 Attorneys Named Among Nation’s Best in 2015 Legal 500 United States (June 4, 2015)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 14 practice areas and 62 attorneys have been ranked in the 2015 edition of The Legal 500 United States, a ...
Sutherland Continues Expansion of Insurance and Financial Services Practice in New York (August 20, 2013)
NEW YORK (August 20, 2013) - Sutherland Asbill & Brennan LLP announced today that the firm is continuing the expansion of its insurance and financial services practice in New York with the addition ...
Presentations
A Survey of the Different Licensing and Chartering Options for FinTechs (May 1, 2018)
2018 ACI Fintech and Emerging Payments Conference
Eversheds Sutherland (US) Partner Brian Barrett speaks on a panel at the 2018 ACI Fintech and Emerging Payments Conference called “A Survey of the Different Licensing and Chartering Options for ...
The Effects of Evolving Capital Standards on the Life Insurance Industry (September 22, 2016)
Association of Life Insurance Counsel (ALIC)
Sutherland Partner Brian Barrett moderates The Effects of Evolving Capital Standards on the Life Insurance Industry panel at the ALIC Regional Insurance Counsel Roundtable on September 22, 2016, in ...
Is Alternative Capital a Force for Good in the Re/insurance Industry? (May 6, 2015)
Reactions Alternative Capital in Re/Insurance Business Club Conference
Sutherland Partner Brian Barrett is a panelist on Is Alternative Capital a Force for Good in the Re/insurance Industry? during the Reactions Alternative Capital in Re/Insurance Business Club ...
Regulation (May 5, 2015)
Reactions Insurance Asset Management Forum
Sutherland Partner Brian Barrett is a panelist on Regulation during the Reactions Insurance Asset Management Forum on May 5, 2015.
Insurance-Linked Securities: Legal and Regulatory Considerations (December 2, 2014)
HFM ILS Intelligence Summit
Sutherland Partner Brian Barrett is speaking at the 2014 HFM ILS Intelligence Summit. Brian's presentation, Insurance-Linked Securities: Legal and Regulatory Considerations, will cover key issues, ...
Webcast: De-Risky Business: Legal and Practical Issues in Pension Settlements (November 12, 2014)
CLE Presentation
Sutherland and BCG Terminal Funding Co. co-host a webinar, covering recent developments in the pension buyout and lump sum settlement market. Panelists will summarize features of recent pension ...
Liquidity Coverage Ratio Update (October 2, 2014)
Sutherland Partner Brian Barrett is speaking to the Federal Home Loan Banks with respect to a Liquidity Coverage Ratio (LCR) rule that was jointly adopted by the Board of Governors of the Federal ...
Alternative Capital: Legal & Regulatory Issues (June 10, 2014)
Alternative Capital in Re/insurance Conference
Sutherland Partner Brian Barrett spoke at the 2014 Alternative Capital in Re/insurance Conference hosted by the Reactions Business Club. Brian’s presentation, Alternative Capital: Legal & Regulatory ...
Cat Bonds vs. Uncollateralized Re (June 10, 2014)
Alternative Capital in Re/Insurance
On June 10, 2014, Sutherland Partner Brian Barrett is a featured speaker at the Reactions’ Business Club Alternative Capital in Re/Insurance Conference in New York City. The conference provides a ...
Insurance Regulatory Developments (May 20, 2014)
LOMA Financial Inforum
Sutherland Partner Brian Barrett spoke at the 2014 LOMA Financial Inforum. Brian’s presentation, “Insurance Regulatory Developments,” covered key regulatory issues affecting the life insurance industry.
Publications
Legal Alerts
COVID-19-related insurance regulatory developments (May 12, 2020)
The COVID-19 pandemic has prompted a significant amount of insurance regulatory activity for both life and property & casualty insurers. This alert summarizes the current state of some of the most ...
Legal and Regulatory Developments - Business Interruption Insurance for COVID-19 Related Losses (Updated May 6, 2020)
As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may ...
E-Sign, the UETA and the New York State Department of Financial Services’ Guidance (March 31, 2020)
Many insurers are reviewing the applicable legal requirements with respect to electronic signatures and records and have inquired with state insurance departments about their current practices. On ...
COVID-19-related insurance regulatory developments for the week of March 23 (March 31, 2020)
There continues to be significant regulatory activity related to the novel coronavirus (COVID-19) and its impact on the insurance industry, including suspension of the National Association of ...
FDIC greenlights industrial banks for fintechs and provides regulatory roadmap (March 25, 2020)
On March 17, 2020, the Federal Deposit Insurance Corporation (FDIC) approved Square Financial Services, Inc.’s (Square Financial) and Nelnet Bank’s applications for deposit insurance, subject to ...
COVID-19-related insurance regulatory developments (March 23, 2020)
There has been significant activity at both the state and federal levels related to the novel coronavirus (COVID-19) and its impact on the insurance industry. This alert summarizes some of the most ...
Southern District of New York rules against OCC fintech charter (November 1, 2019)
On October 23, the District Court for the Southern District of New York (SDNY) issued a final judgment setting aside in relevant part the regulation1 on which the Office of the Comptroller of the ...
Legal Alert: FinCEN demystifies risk-focused Bank Secrecy Act/anti-money laundering supervision (July 29, 2019)
Last week, the Financial Crimes Enforcement Network (FinCEN) and its regulatory partners issued a joint statement in an effort to increase transparency around risk-focused Bank Secrecy Act/anti-money ...
Legal Alert: Application of FinCEN’s regulations to certain business models involving convertible virtual currencies (May 20, 2019)
On May 9, 2019, the Financial Crimes Enforcement Network (FinCEN) issued interpretive guidance1 summarizing the application of the Bank Secrecy Act (BSA) rules to business models “involving money ...
CFPB Finalizes Payday Lending Rule-With a Few Changes (October 19, 2017)
On October 5, 2017, the Consumer Financial Protection Bureau (CFPB) finalized its new rules governing the small-dollar consumer loan market, based on a proposal first released in June 2016. The rule ...
Articles
Banking innovation in the US and the UK, and the future of financial technology (Spring 2019)
Partnering Perspectives
While there is reason to believe the experiment with open banking will remake the financial regulatory landscape in the UK, it is still an untested concept in the US. In their article for the Spring ...
An introduction to pension risk transfers (Fall 2018)
Partnering Perspectives
Pension plan providers are increasingly focused on de-risking, or transferring risk from, defined benefit plans. In the event a plan sponsor determines to de-risk, several options are available. The ...
How States Might Challenge the OCC’s Fintech Charter (February 24, 2017)
Law360
Some state banking regulators see the Office of the Comptroller of the Currency's plan to create a new charter for financial technology companies as a direct threat to their existing authority. ...
The Enhanced Supplementary Leverage Ratio and Derivatives: Recent Developments (June 22, 2016)
The Review of Banking & Financial Services
The federal banking regulators adopted in 2014 the enhanced supplementary leverage ratio (eSLR) to supplement the risk-based capital rules. In their article for the June 2016 edition of The Review of ...
Recent Trends in Pension Buyouts and Lump Sum Offers (March 18, 2015)
Law360
Several sponsors of defined benefit plans, also known as pension plans, have taken steps to reduce the size of their pension liabilities since 2012. First, several plan sponsors have executed pension ...
Cat Bonds vs. Uncollateralised Reinsurance (August 2014)
Reactions
In his article for Reactions, “Cat Bonds vs. Uncollateralised Reinsurance,” Sutherland Partner Brian Barrett compares the protection offered by a catastrophe bond with that of a traditional ...
Putting the CFTC's 'Swap' Definition into Context (June 5, 2014)
Law360
The CFTC’s Division of Swap Dealer and Intermediary Oversight recently addressed, for the first time, the commission's definition of a swap as it applies to a specific insurance transaction. U.S. ...
Private Funds’ Key Takeaways from Volcker (January 31, 2014)
Law360
The final rule implementing the “Volcker Rule” requirements of Section 13 of the Bank Holding Company Act (added by Section 619 of Dodd-Frank) was issued on December 10, 2013. Banking entities ...
Liquidity Coverage Ratio: What It Means For End Users (November 22, 2013)
Law360
On Oct. 24, 2013, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation proposed rules implementing the ...
Newsletters
Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Spring 2019)
We are pleased to present the Spring 2019 edition of Partnering Perspectives. In this issue, we bring you articles that we believe touch the day-to-day lives of many in-house counsel. Each of our ...
Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Fall 2018)
We are pleased to present the Fall 2018 edition of Partnering Perspectives, which focuses on a number of legal developments as well as offers recommendations of preventive measures that you might ...
