Mary Jane Wilson-Bilik

Mary Jane Wilson-Bilik

Sutherland Asbill & Brennan LLP

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Latest Publications


Unclaimed Property Disputes Over State Priority Take Center Stage, Head to U.S. Supreme Court and the Third Circuit

Disputes over the unclaimed property priority rules continue to intensify. The U.S. Supreme Court accepted review of a clash involving more than 20 states regarding the right to take custody of official checks. ...more

10/5/2016 - Audits Fourth Amendment Original Jurisdiction Priority Disputes SCOTUS Unclaimed Property

NY DFS Announces Proposal for Cybersecurity Rules for Financial Services Companies

On September 13, 2016, New York Governor Andrew Cuomo announced a proposal by the New York Department of Financial Services (the DFS) of a rule that establishes cybersecurity requirements for financial services companies...more

9/23/2016 - Cybersecurity Financial Services Industry NAIC NYDFS Proposed Regulation

NAIC Report: 2016 Summer National Meeting

The National Association of Insurance Commissioners (NAIC) held its 2016 Summer National Meeting from August 26 through August 29 in San Diego, California. The meeting began with strong words from the NAIC President and...more

9/8/2016 - Insurance Industry NAIC

NAIC Task Force Releases Revised Draft Insurance Data Security Model Law

On August 17, the National Association of Insurance Commissioners (the NAIC) Cybersecurity (EX) Task Force (the Task Force) released for comment a revised draft Insurance Data Security Model Law (the Model Law). This Model...more

8/26/2016 - Breach Notification Rule Cybersecurity Insurance Industry Model Rules NAIC NIST

Ten Things You Should Know About the 2016 Uniform Unclaimed Property Act

The 2016 Uniform Unclaimed Property Act (2016 Act) was adopted unanimously by the Uniform Law Commission (ULC) in a 49-0 vote at its 2016 summer meeting. The adoption of the revised model law is a significant step forward for...more

8/12/2016 - Audits B2B Transactions Contingency Fees De Minimus Quantity Exemption Death Benefits Escheat Life Insurance Securities State Treasurers Statute of Limitations Unclaimed Gift Cards Unclaimed Property Uniform Law Commission

NAIC Task Force Continues Work on Insurance Data Security Model Law

On May 24 and 25, the National Association of Insurance Commissioners (the NAIC) Cybersecurity (EX) Task Force (the Task Force) hosted a meeting in which state insurance commissioners and interested parties were invited to...more

6/7/2016 - Breach Notification Rule Cybersecurity Data Collection Gramm-Leach-Blilely Act HIPAA Insurance Commissioners Insurance Industry NAIC NIST Privacy Policy

NAIC Report: 2016 Spring National Meeting

The National Association of Insurance Commissioners (NAIC) held its 2016 Spring National Meeting from April 1 through April 6 in New Orleans, Louisiana. As host, Louisiana provided beautiful weather and bountiful great food....more

5/25/2016 - Big Data Casualty Insurance Cybersecurity DOL Fiduciary Duty Flood Insurance Gramm-Leach-Blilely Act IAIS Insurance Industry IRA Life Insurance NAIC ORSA Pricing Principle-Based Reserves Property Insurance Reinsurance Terrorism Insurance

Unclaimed Property Primer for Health and Property & Casualty Insurance

Background - Unclaimed Property: It’s not just about life insurance. The same contingency-fee unclaimed property auditors that targeted unclaimed life insurance proceeds are now turning their focus to other types of...more

5/17/2016 - Audits Contingency Fees Death Master Files Health Insurance Insurance Industry Life Insurance Property Casualty Policies Unclaimed Property Voluntary Disclosure Agreement

Store Credits Not Subject to Unclaimed Property, Says California Court

In a decision with potentially broad implications, a California Superior Court has held that merchandise credits not redeemable for cash are not subject to California's Unclaimed Property Law (UPL). The court also held that...more

3/15/2016 - Bed Bath & Beyond Customer-Loyalty Programs Escheat Gift-Cards Retailers Summary Judgment Tax Refunds Unclaimed Property

PCI DSS – What It Is and Why It Is Relevant to Your Business

Increasingly, companies are raising questions about PCI-DSS and its applicability to their businesses. This Legal Alert summarizes the basic aspects of PCI-DSS and its application....more

2/4/2016 - Data Breach Data Protection Data Security Debit and Credit Card Transactions Merchants PCI-DSS Standard

Price Optimization: 2015 Year in Review and a Look Ahead

2015 saw approximately one-third of U.S. states join the first state, Maryland, in issuing guidance to property and casualty insurers with respect to price optimization; action by the National Association of Insurance...more

1/21/2016 - Big Data Insurance Industry NAIC Price Optimization

NAIC Adopts Roadmap for Cybersecurity Consumer Protections

On December 17, the National Association of Insurance Commissioners (NAIC) adopted a Roadmap for Cybersecurity Consumer Protections. Except for a new name and new introduction, the Cybersecurity Roadmap is identical to...more

12/22/2015 - Cybersecurity Bill of Rights NAIC

Ho! Ho! Ho! Delaware Sets its Sights–Again–on Uncashed Rebate Checks

There’s never a dull moment in Delaware when it comes to unclaimed property. The latest salvo comes by way of a lawsuit filed by the Delaware Department of Finance against Blackhawk Engagement Solutions (DE), Inc. (formerly...more

12/21/2015 - Audits Department of Finance Escheat Rebates Summons Unclaimed Property

The New York Department of Financial Services Releases Potential New Cybersecurity Rules

On November 9, Anthony Albanese, Acting Superintendent of the New York Department of Financial Services (the NYDFS), sent a letter to the 18 members of the Financial and Banking Information Infrastructure Committee (the...more

11/16/2015 - Covered Entities Cybersecurity Financial Institutions NPRM NYDFS Prudential Regulation Authority Regulatory Agenda

NAIC Task Force Adopts a Cybersecurity “Bill of Rights” Despite Industry Objections

On October 14, the National Association of Insurance Commissioners Cybersecurity Task Force (NAIC Task Force) adopted a version of the Cybersecurity Bill of Rights for insurance consumers. The Bill of Rights claims to outline...more

10/29/2015 - Cybersecurity Cybersecurity Bill of Rights Insurance Industry NAIC

The Latest on Price Optimization

Nearly one-third of the U.S. states have now issued directives on the use of price optimization to determine insurance rates and, to date, most states have taken a skeptical view of the practice. Meanwhile, at the national...more

10/22/2015 - Insurance Industry Insurance Rates NAIC Price Optimization

Debate Over Unclaimed Property Continues Before the Uniform Law Commission Drafting Committee

Proposed revisions to the Uniform Unclaimed Property Act were under debate this past week in Washington, DC as the Uniform Law Commission (ULC or Commission) Committee to Revise the Uniform Unclaimed Property Act (Drafting...more

10/16/2015 - B2B Transactions Death Master Files Due Diligence ERISA Escheat Gift-Cards Life Insurance Proposed Amendments Unclaimed Property Uniform Law Commission Video Games

SEC Charges Investment Adviser with Failure to Adopt Required Cybersecurity Policies Prior to Breach

On September 22, the Securities and Exchange Commission (SEC) announced that it had entered into a settlement order with R.T. Jones Capital Equities Management, Inc. (R.T. Jones), a St. Louis-based SEC registered investment...more

9/25/2015 - Cybersecurity Data Breach Enforcement Actions Investment Adviser Personally Identifiable Information Regulation S-P Risk Alert SEC Settlement

NAIC Cybersecurity Forum Focuses on Escalating Threats and Best Remediation Practices

On September 10, the National Association of Insurance Commissioners (NAIC) co-sponsored a cybersecurity forum at the Center for Strategic and International Studies in Washington, DC. Featuring an impressive line-up of senior...more

9/15/2015 - Cyber Insurance Cybersecurity Insurance Industry Internet of Things NAIC Risk Assessment Risk Mitigation Social Networks U.S. Treasury

Update on NAIC and State Regulatory Activity on “Price Optimization”

Regulatory activity on price optimization appears to be coming to a head. The National Association of Insurance Commissioners (NAIC) Casualty Actuarial and Statistical (C) Task Force is continuing to gather input, with all...more

7/24/2015 - Department of Insurance Insurance Industry NAIC Price Optimization

NAIC Close to Adopting Guideline for IUL Illustrations

On June 4, after long deliberation and extensive consultation with issuers of indexed universal life (IUL) insurance policies and other interested parties by the Life Actuarial (A) Task Force (LATF), the NAIC’s Life Insurance...more

6/11/2015 - Actuarial Values Insurance Industry Life Insurance NAIC

NAIC Unclaimed Benefits Model Drafting (A) Subgroup Identifies Key Model Law Issues

On May 29, the National Association of Insurance Commissioners (the NAIC) Unclaimed Benefits Model Drafting (A) Subgroup (the Subgroup) met to discuss regulator and industry materials submitted to the Subgroup and identified...more

6/11/2015 - Death Master Files Life Insurance NAIC Unclaimed Life Insurance Benefits Act

Price Optimization Update: NAIC Revises White Paper, Florida and Indiana Question Certain Practices

“Price optimization,” a practice that uses predictive modeling and data analytics in pricing insurance products, continues to draw the attention of state regulators, consumer advocates, and class action plaintiffs. ...more

5/19/2015 - Insurance Industry NAICS Price Optimization

SEC Updates Guidance on Cybersecurity

Emphasizing the critical importance of cybersecurity to registered investment companies (RICs), including insurance separate accounts and business development companies, and to investment advisers, the SEC’s Division of...more

5/3/2015 - Business Development Companies Cybersecurity Identity Theft Investment Adviser Investment Management New Guidance Popular RICs Risk Assessment SEC

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