Professional Work Experience:
Computer Sciences Corporation (CSC)
Kansas City, MO
September 1998 to present.
Legal Compliance Officer for licensed third party insurance administrator (TPA).
Oversees the Compliance Department for CSC's life, health and annuity TPA subsidiaries, including all applicable state and federal insurance law requirements. Provides research and resources in technical areas relating to state and federal regulatory requirements and compliance. Maintains CSC's subsidiary TPA licensure in all state jurisdictions, and interfaces with state and federal regulatory authorities as needed.
In conjunction with the CSC corporate office, assists with maintaining the corporate existence of CSC's subsidiary TPA corporations, including tasks related to the corporate record books, election of officers, annual reporting to state regulatory and taxing authorities, and risk management, insurance and bonding requirements. In conjunction with the CSC legal department, stays informed of current and pending state and federal regulation/legislation, case law, and public/industry responses to insurance regulatory compliance issues pertaining to the operations of CSC and its subsidiary TPAs.
Working with CSC management, participates in the due diligence and bidding process for new business contracts. Publishes internal and external instructional releases informing staff and clients of new/revised regulatory requirements. Develops and evaluates training programs to comply with state mandated insurance regulations/statutes, such as replacement, disclosure, common policy language, fiduciary accounting, free-look periods, records retention, advertising, tax withholding and reporting, and policy provisions.
National Association of Insurance Commissioners
Kansas City, MO
April 1994 to September 1998.
Senior Counsel.
Provided member states with assistance, research and advice on insurance regulatory matters. Served as staff and legal support to NAIC committees and working groups. Assisted in drafting model laws, regulations and position papers. Prepared and filed amicus curiae briefs on behalf of the NAIC regarding significant insurance related litigation. Provided legal advice to General Counsel and Executive Director on assigned topics. Responded to subpoenas and deposition requests.
Portfolio of issues/assignments included antifraud initiatives, market conduct, company restructuring activities, reinsurance, risk-retention and purchasing groups, stop-loss insurance for employee benefit plans, McCarran-Ferguson and ERISA preemption, credit life insurance, property and casualty insurance, federal/state crop insurance, and state workers' compensation programs.
Performed as the Health Policy Department Manager overseeing the NAIC legal/support staff assigned to health insurance issues. Supported various committees endeavoring to reform the health care delivery system, including health plan accountability issues, HMOs, provider risk-sharing arrangements, health care alliances, uniform licensing standards, senior citizen issues, medicare-supplements and submissions of electronic data.
Rubinstein & Perry, LLP
Austin, TX
June 1991 to November 1993.
On-site representation of state regulatory officials at insurance companies under orders for rehabilitation, conservation or liquidation.
Provided legal and management services for seized life, health and HMO companies at the CEO level. Oversaw claims, policyholder service and human resources departments and the employee welfare benefit and termination programs. Coordinated IRC Section 7702 compliance program. Analyzed litigation issues and supervised outside counsel on claims and receivership matters.
Coordinated policyholder and regulatory correspondence and state guaranty association issues. Established new companies. Drafted life and annuity policies and gained state approval for use. Redomesticated companies. Procured foreign admissions for companies. Assisted companies with rate and form filings and market conduct disputes with state insurance departments. Monitored NAIC activities.
North Dakota Insurance Department
Bismarck, ND
July 1988 to May 1991.
General Counsel and Assistant Attorney General to the elected Commissioner of Insurance.
Provided advice to the Commissioner and Attorney General. Supervised Legal Division staff including agent investigations, market conduct examinations, company rehabilitations and liquidations. Drafted and prosecuted agent and company administrative complaints. Coordinated issuance of domestic company charters. Conducted cease and desist, holding company Form A, and assumptive reinsurance hearings. Reviewed purchasing and risk retention group registrations. Oversaw financial examination processes and reports. Counseled department staff on all legal and policy decisions. Addressed consumer complaints and inquiries.
Actively managed company insolvencies, drafted workout agreements, and negotiated settlements pursuant to the priority statutes. Interfaced with outside counsel, accounting and consulting firms.
Extensive role in NAIC policy formulation by participation on committees and working groups. Attended NAIC's School for New Commissioners. Gained understanding of NAIC structure and operations.
Authored and lobbied aggressive bill agendas through legislature. Developed administrative rules and bulletins for promulgation.
Represented Commissioner and Attorney General in all department-related litigation including the N.D. Supreme Court and the U.S. Court of Appeals for the Eighth Circuit. Provided advice to and defended claims against the State Bonding Fund, Unsatisfied Judgment Fund, State Fire and Tornado Fund, and Petroleum Tank Release Compensation Fund.
Stites Law Firm
St. Paul, MN and Oakes, ND
January 1984 to July 1988.
Sole practitioner engaged in general practice with emphasis on business, corporate and financial law matters.
Conducted real estate and banking transactions including the preparation of title opinions, deeds, mortgages, and closing statements.
Litigation in all courts. County and municipal law practice, including the establishment of a major rural water project and all its associated real estate ownership research and easement work.
Western Gear Corporation
Flight Structures Division, Jamestown, ND
April 1981 to January 1984.
Senior Legal/Contracts Administrator.
Responsible for preparation and pricing of new and follow-on bidding proposals for this exceptional aerospace company. Negotiated and administered complex commercial and military procurement contracts with prime contractors. Developed daily working knowledge of government acquisition processes using the DAR and FAR regulations.
Possessed top-secret security clearance. Comprehensive experience gained for determining corporate rates and burdens necessary for sound financial management. Performed all contract administration functions during the life of successfully bid proposals.
Operated as company liaison for all external client communications. Possessed full settlement authority during negotiations. Priced, bid, negotiated, and managed a new program through over 109 substantive change packages. Full range of corporate legal duties.
Pope and Stites Law Firm
Jamestown, ND
August 1978 to April 1981.
Founding partner of a general practice firm.
Gained extensive experience in all aspects of civil, criminal, and municipal law including litigation in state, district, county and appellate courts. Emphasis on business, corporate and real estate law.
Conducted jury trials in civil and criminal matters. Gained expertise in probate, family law and change of custody cases. Handled personal and small business bankruptcies. Conducted FHA and FmHA loan closings. Prepared title opinions for local banks and lending institutions including preparation of affidavits, deeds, mortgages, and closing statements.
Performed duties of Assistant City Attorney and Prosecutor for Jamestown, ND, and City Attorney for several smaller surrounding cities. Designated Counselor to the Land Use and Planning Committee. Reviewed MIDA bonding proposals.
Performed duties as Special Assistant Attorney General for the North Dakota State Hospital, conducting civil commitment hearings and hospital collection matters. Provided advice to hospital superintendent.
Represented the Jamestown Public School Board and several smaller districts in labor disputes between teachers and administration. Successfully argued cases before the N.D. Supreme Court.
Hjellum, Weiss, Nerison, Jukkala and Vinje Law Firm
Jamestown, ND
August 1977 to August 1978.
Associate with this excellent general practice firm.
Gained experience in commercial litigation, divorce and child custody cases, criminal law and procedure, civil mental health commitments, and in the preparation of briefs and memorandums for partners.
Pre-Professional Work Experience:
Ployhar, Thorson, and Weisenburger Law Firm
Valley City, ND
Summer 1976.
Law clerk with general practice law firm.
The Dakota Student, campus newspaper of UND
Grand Forks, ND
August 1971 to May 1977.
Business and advertising manager on this, the largest non-daily newspaper in North Dakota, earning sufficient monies for all graduate and undergraduate expenses.
Graco, Inc. Minneapolis, MN
Summer 1974.
Industrial engineer specializing in the writing of management based computer programs and cost studies using FORTRAN, COBAL, and BASIC computer languages.
Clark Equipment Company, Melroe Division
Gwinner, ND
Summer 1973.
General industrial engineering projects with emphasis on plant layout and design, time and motion studies, and supervision of assembly line re-locations.
United States Department of Commerce
Washington, D.C.
Summer 1971.
Intern with the Office of Business Development, Economic Development Administration (OBD-EDA), researching loan applications for project viability.
Education:
Juris Doctorate, May 1977. University of North Dakota, Grand Forks, North Dakota.
Marshall-Wythe School of Law, College of William and Mary, Williamsburg, Virginia, and Exeter University, Exeter, England, summer session 1975. Joint program at Exeter campus. Courses taken on the European Economic Community (EEC), General Agreement on Trade and Tariffs (GATT), general international law, and international business transactions.
Bachelor of Science of Industrial Engineering, cum laude, May 1974. University of North Dakota, Grand Forks, North Dakota. Chosen UND's Outstanding Industrial Engineer of 1974. Listed in Who's Who Among Students in American Universities and Colleges in 1972-73.
Personal Data:
Licensed to practice law in Missouri (1996), Minnesota (1977), and North Dakota (1977). Also admitted in the United States Supreme Court, various U.S. Court of Appeals and U.S. District Courts.
Organizations: Present member of the Association of Corporate Counsel (ACC). Past membership on directorship boards for various nonprofit corporations and community service groups; present or past member of county, state, and national bar associations, and a local theater group.
Recreational Activities: Scuba diving, bicycling, jogging, traveling, theater and musical events.
Significant Self-Study Projects: Completion of several independent overseas study trips to Asia, Europe and Russia, traveling to twenty-four countries over a span of eighteen months.
April 27, 2005