Scott Sinder

Sinder is a regular contributor to Leader's Edge magazine, providing plain spoken legal analysis on issues relating to insurance brokers and the insurance industry. A partner of the Washington, D.C.-based law firm Steptoe & Johnson LLP, Sinder also serves as chief legal officer to The Council of Insurance Agents & Brokers. He received his J.D. from the University of Michigan Law School, his M.P.P. from the University of Michigan Institute of Public Policy Studies and his A.B. from the University of Michigan.
Privacy in the Spotlight Once Again
P&C Privacy in the Spotlight Once Again
The NAIC president is targeting year-end for a consumer privacy model law.
May 28, 2023
Health+Benefits SECURE 2.0
New tools can address old retirement-savings problems.
April 30, 2023
All or Nothing?
Brokerage Ops All or Nothing?
The FTC’s proposed non-compete rule is likely to fail expected legal challenge...
April 2, 2023
No Risk at All
Health+Benefits No Risk at All
The rise—and inevitable fall?—of health “screening” group indemnity poli...
March 1, 2023
The ESG Storm Is upon Us
Industry The ESG Storm Is upon Us
Are you damned if you don’t…and damned if you do?
January 17, 2023
State of Play
Brokerage Ops State of Play
NAIC preps for 2023, and NIPR works toward digital future.
December 1, 2022
The Emerging World of ESG Climate Disclosures
Industry The Emerging World of ESG Climate Disclosures
If the SEC’s proposed rule is finalized, the challenges will come quickly.
November 1, 2022
Cyber Compliance
Brokerage Ops Cyber Compliance
A new questionnaire should help with oversight of third-party service providers.
September 29, 2022
Dobbs Revisited
Health+Benefits Dobbs Revisited
Can an employee assistance program be used to provide abortion travel benefits?
September 1, 2022
Post Roe: More Questions Than Answers
Health+Benefits Post Roe: More Questions Than Answers
Many of those questions relate to the provision of reproductive-rights related b...
June 29, 2022
New Leaders with New Visions
Industry New Leaders with New Visions
The NAIC and The Council have new state insurance leadership.
May 31, 2022
ESG Reporting
Industry ESG Reporting
Is opportunity knocking?
May 1, 2022
The World at (Economic) War
Industry The World at (Economic) War
You and your clients may have stakes that are subject to sanctions or are compen...
March 21, 2022
So It Goes
Health+Benefits So It Goes
The vaccination odyssey continues.
February 9, 2022
Unlikely Partnerships
Health+Benefits Unlikely Partnerships
The changing nature of healthcare risk may encourage government and industry col...
January 18, 2022
Health Plan Reporting
Health+Benefits Health Plan Reporting
You have new rules to comply with and a call to (PBM) action.
January 5, 2022
OSHA Has Spoken, Now It’s Up to the Courts
Health+Benefits OSHA Has Spoken, Now It’s Up to the Courts
The new employer COVID-19 vaccination/testing mandate raises questions.
November 8, 2021
The Vaccination Conundrum
Health+Benefits The Vaccination Conundrum
Regulators weigh in.
October 19, 2021
To Pay or Not to Pay: Is That the Question?
P&C To Pay or Not to Pay: Is That the Question?
Blanket ransomware payment prohibitions are counterproductive to improved cyber ...
September 30, 2021
EO, EO, It’s Off to Work We Go
Brokerage Ops EO, EO, It’s Off to Work We Go
Here are three ways Biden’s “promoting competition” executive order would ...
August 31, 2021
Let’s Capitalize on Data Transparency
Health+Benefits Let’s Capitalize on Data Transparency
The No Surprises Act boosts transparency in data, which we can use to our advant...
July 13, 2021
Diversity, Equity, and Rebating
Industry Diversity, Equity, and Rebating
The NAIC and NCOIL meetings brought two noteworthy agenda items to the fore.
June 1, 2021
Licensing Specter Haunts Europe
Brokerage Ops Licensing Specter Haunts Europe
Let’s break down this emerging flashpoint in a post-Brexit world.
May 2, 2021
The Best Surprise Is…No Surprises
Health+Benefits The Best Surprise Is…No Surprises
The long-awaited surprise medical billing fix is in.
March 31, 2021
New Benefit Plan Compensation Disclosure Requirements
Health+Benefits New Benefit Plan Compensation Disclosure Requirements
Some things you need to know now.
February 28, 2021
The COVID-19 Vaccine Is Here. Can You Require It?
Health+Benefits The COVID-19 Vaccine Is Here. Can You Require It?
Here are key considerations for employers who are thinking about it.
January 6, 2021
Singing the Blues
Health+Benefits Singing the Blues
Blue Cross Blue Shield carriers have agreed to settle a series of antitrust clas...
November 30, 2020
The Future of the ACA—Ironic Intent?
Health+Benefits The Future of the ACA—Ironic Intent?
The 2017 elimination of the tax penalty and ensuing constitutional challenge cou...
October 30, 2020
COVID Chronicles: Bankruptcy Edition
Industry COVID Chronicles: Bankruptcy Edition
As bankruptcies loom, it is critical to be proactive and vigilant in protecting ...
September 24, 2020
New York Cyber Regime Takes Action
Industry New York Cyber Regime Takes Action
The state’s Department of Financial Services files its first enforcement actio...
August 25, 2020
Knock, Knock...
Industry Knock, Knock...
It’s Congress. And we’re investigating everything.
July 20, 2020
Back to Work? Beware.
Brokerage Ops Back to Work? Beware.
As businesses consider bringing employees back into the office, there are some b...
May 31, 2020
Where from Here?
Industry Where from Here?
We are uniquely situated to evaluate solutions to mitigate another pandemic.
April 27, 2020
It Comes Down to Culture
Brokerage Ops It Comes Down to Culture
Look beyond the standard legal due diligence checklist to ensure your target is ...
March 26, 2020
Regulating Cannabis, Deregulating Everything Else
Brokerage Ops Regulating Cannabis, Deregulating Everything Else
Amid the campaign activity and political posturing in 2020, the Trump administra...
February 24, 2020
2020 ReVision
Health+Benefits 2020 ReVision
Individual coverage health reimbursement arrangements may make the healthcare de...
January 14, 2020
If It Ain’t Broke, Don’t Fix It?
P&C If It Ain’t Broke, Don’t Fix It?
Congress has begun TRIA reauthorization discussions. Our best hope lies with a c...
November 21, 2019
Labor Department Finalizes Overtime Pay Exemptions
Brokerage Ops Labor Department Finalizes Overtime Pay Exemptions
It increases the threshold and clarifies commissions.
October 29, 2019
Rebating Reform: Free at Last?
Industry Rebating Reform: Free at Last?
The NAIC is (finally) turning its attention to potential reform of the anti-reba...
September 27, 2019
The Devil in the (Surprise Billing) Details
Health+Benefits The Devil in the (Surprise Billing) Details
There’s consensus on Capitol Hill that something must be done. But what?
August 13, 2019
The Data Access Game
Health+Benefits The Data Access Game
Personal information privacy standards are anything but standard at the moment.
July 11, 2019
The Surprise Billing Revelation
Health+Benefits The Surprise Billing Revelation
Legislators nationwide are seeking to reform fundamentally unfair billing struct...
May 23, 2019
The Apex of (Legal) Inanity?
P&C The Apex of (Legal) Inanity?
Legislative pathways to FDA cannabis approval remain long and arduous.
April 24, 2019
Cyber Regulations Require More
P&C Cyber Regulations Require More
Tips for complying with New York’s sweeping cyber-security regulation as you a...
March 27, 2019
Doing Well by Doing Good
Lifestyle Doing Well by Doing Good
A construction demolition company is making it possible to reduce waste while ga...
March 1, 2019
It’s Not Easy Being Green, (It Is)
P&C It’s Not Easy Being Green, (It Is)
The new marijuana economy is, despite federal impediments, the fastest-growing s...
January 18, 2019
Who Owns the Data?
Health+Benefits Who Owns the Data?
The emerging view is that individuals do and can direct who uses it.
November 29, 2018
NAIC 2018: State Ahead
Industry NAIC 2018: State Ahead
The NAIC’s newest strategic plan is all about technology and innovation.
October 30, 2018
Navigating the Channel
Industry Navigating the Channel
As the Brexit deadline looms, insurance agents and brokers face complicated choi...
September 27, 2018
The Big Data Revolution—Is It Our Turn?
Health+Benefits The Big Data Revolution—Is It Our Turn?
The information is out there. What are you doing with it?
August 31, 2018
The (Continued) Politicization of Employment?
Health+Benefits The (Continued) Politicization of Employment?
There are recent developments in labor relations—good and not so good—that e...
July 16, 2018
Overseas Oversight
Industry Overseas Oversight
New EU personal data protection rules may slam U.S. brokers.
May 22, 2018
Affairs of Estate
Brokerage Ops Affairs of Estate
Tax reform may make you rethink your perpetuation plan.
April 30, 2018
Medicare for All?
Health+Benefits Medicare for All?
This train is gaining steam, especially if the Democrats take back Congress.
March 27, 2018
The Magic Bullet?
Health+Benefits The Magic Bullet?
Feds expand use of association health plans in hopes of combating rising costs.
February 27, 2018
Beware IRS Letter 226J
Health+Benefits Beware IRS Letter 226J
Clients face stiff fines if they don’t respond within 30 days.
January 23, 2018
Let’s Stop the Silliness
Industry Let’s Stop the Silliness
It’s long past time for agent appointments to go.
November 30, 2017
It’s High Time We Deal with Pot
Industry It’s High Time We Deal with Pot
But conflicting federal and state law create unclear implications.
October 30, 2017
Undoing Obama
Industry Undoing Obama
Change made through regulation doesn’t seem to stick.
September 29, 2017
Fair Presentation at Risk
Brokerage Ops Fair Presentation at Risk
Follow the rules or pay the price.
August 31, 2017
Fiduciary Rule Roulette
Industry Fiduciary Rule Roulette
With the June deadline past and the January one approaching, has anything change...
July 18, 2017
A Tech Moment
Industry A Tech Moment
The NAIC explores technology and insurtech to educate states and serve as a thou...
May 25, 2017
Are You Ready?
Industry Are You Ready?
New York’s cyber-security rule is far-reaching and tech heavy.
April 26, 2017
Borderline Behavior
Industry Borderline Behavior
Beware your data when crossing the border. Is this the best argument for cloud c...
March 30, 2017
The Good, the Bad and…the Potentially Ugly?
Industry The Good, the Bad and…the Potentially Ugly?
And we’re still trying to figure out exactly what it is.
February 27, 2017
Health+Benefits TRyancare
Can access and affordability triumph in repeal and replace?
January 30, 2017
My Game Changers
Industry My Game Changers
These people have made a difference in my life.
November 28, 2016
Crossing the Pond
Brokerage Ops Crossing the Pond
Non-U.S. brokers need a U.S. license to solicit business in the U.S.
October 24, 2016
Magic or Snake Oil?
Health+Benefits Magic or Snake Oil?
Preventive-care-only plans make bold promises that leave me wondering.
October 6, 2016
Government Love Letters
Industry Government Love Letters
If your clients are receiving marketplace employee subsidy eligibility letters, ...
August 28, 2016
Groundhog Day
Industry Groundhog Day
The NAIC has a history of moving with all due sluggishness. But when it comes to...
July 27, 2016
Lots of Questions
P&C Lots of Questions
What’s the board’s role in cyber security? Asking the right questions before...
July 26, 2016
The Fix
Health+Benefits The Fix
Whoever our next president is, the ACA will be up for reform. What do we want? H...
May 2, 2016
Telemed Tradeoff
Health+Benefits Telemed Tradeoff
Telemedicine is a great healthcare tool. But it can eliminate HSA eligibility.
March 29, 2016
Thinking Outside the Box
Brokerage Ops Thinking Outside the Box
When should you ask someone if they have a criminal history?
February 23, 2016
Program or Policy?
Brokerage Ops Program or Policy?
It will make a big difference to the Justice Department.
February 1, 2016
Hard Rock: Twist and Shout
Health+Benefits Hard Rock: Twist and Shout
Every time we make progress on the Affordable Care Act, the government tosses in...
November 24, 2015
Unseen Danger
Brokerage Ops Unseen Danger
New definition of “swaps” could put brokers and their clients in peril.
October 30, 2015
Are You Special?
Brokerage Ops Are You Special?
Before you answer, think about how special you want to be.
September 23, 2015
Don’t Ignore That Noise Under the Hood
Brokerage Ops Don’t Ignore That Noise Under the Hood
ACA focuses new attention on the full-time employee vs. contractor debate.
August 27, 2015
A Matter of Time
Brokerage Ops A Matter of Time
You will be hacked. What are you doing now to prepare?
July 27, 2015
Zenefits: Disrupting. So What’s New?
Industry Zenefits: Disrupting. So What’s New?
It’s one in a long line of firms commoditizing products. Your expertise is not...
June 1, 2015
Hog Heaven or Makin’ Bacon?
Health+Benefits Hog Heaven or Makin’ Bacon?
Opponents of Obamacare subsidies may have pushed the court to rule in their oppo...
April 30, 2015
A New Anthem
Health+Benefits A New Anthem
Will you be singing “The Data Breach Blues”?
March 25, 2015
Cuban Trade Living on Island Time
P&C Cuban Trade Living on Island Time
Insurance potential is close but no cigar if congressional Cuba hawks have their...
February 23, 2015
Down Payment
Health+Benefits Down Payment
If subsidies disappear, Obamacare could turn your clients against each other.
January 22, 2015
ACA Catch-22
Health+Benefits ACA Catch-22
Obamacare regulators have made parts of the act unworkable. Only compromise will...
December 1, 2014
The Council’s Portal Eases Compliance
Industry The Council’s Portal Eases Compliance
It makes a cumbersome process for brokers and carriers inexpensive, efficient an...
October 27, 2014
Good Form?
Brokerage Ops Good Form?
Federal rules emerge for dealing with new overseas premium payment issues.
September 30, 2014
Soap Opera Moment
Health+Benefits Soap Opera Moment
Opposing ACA court rulings create a mess. A lot is happening, but is anything ch...
August 28, 2014
At the End of the Beginning
Brokerage Ops At the End of the Beginning
As cyber threats emerge, there is plenty to do to help your clients.
July 17, 2014
Alice’s Restaurant Syndrome
Brokerage Ops Alice’s Restaurant Syndrome
Is your à la carte ID making you the go-to firm for everything your client want...
May 29, 2014
The Privacy Police
Brokerage Ops The Privacy Police
Handling private healthcare information becomes more complicated.
April 24, 2014
Are We There Yet?
Health+Benefits Are We There Yet?
Obamacare is a party you wish would become a big bore.
April 1, 2014
Don’t Become a Target
P&C Don’t Become a Target
The EU clamps down on broker data-collection compliance.
March 1, 2014
Browns Fan Optimism
Industry Browns Fan Optimism
We are ready to tackle a wide range of moves as part of our 2014 game plan.
January 28, 2014
No Subsidies, No Employer Mandate
Health+Benefits No Subsidies, No Employer Mandate
Upcoming court decision could mean President Obama may have to again delay the i...
November 25, 2013
The Skinny Plan Starvation Diet
Health+Benefits The Skinny Plan Starvation Diet
Do new HRA guidelines signal the end of the skinny plan/indemnity policy wrapper...
October 30, 2013
Contractors Bagged
Brokerage Ops Contractors Bagged
Classify your workers wrong for health benefits and you will pay.
September 30, 2013
Marital Issues
Brokerage Ops Marital Issues
The Supreme Court’s gay marriage decision may expose employers to benefits dis...
September 1, 2013
Delayed Confusion
Health+Benefits Delayed Confusion
Notifications to employees on health insurance exchanges are due soon, but emplo...
July 15, 2013
Hall Monitors
Industry Hall Monitors
We got a lot done in the halls of the Houston NAIC meeting.
May 21, 2013
Health+Benefits Obamacare
Eyeing Reform Through Alice’s Looking Glass
April 19, 2013
Offshore Assets
Brokerage Ops Offshore Assets
IRS uses a big stick going after citizens hiding assets overseas.
March 11, 2013
What’s Cooking
Health+Benefits What’s Cooking
The IRS has cooked up a lot of new rules for employers.
February 27, 2013
Captive Audience
Industry Captive Audience
Who is asking to be exempt from Nonadmitted & Reinsurance Reform Act?
January 29, 2013
Defining Time
Health+Benefits Defining Time
When do benefits kick in for workers under healthcare reform?
December 11, 2012
Industry Numerology
This is the future of the healthcare debate, no matter who wins the White House ...
November 12, 2012
Industry Oxymoron
Progress and the NAIC in the same breath? Say it ain’t so! Think small (very s...
October 11, 2012
Form and Substance
Industry Form and Substance
New ERISA compensation rules require full disclosure regardless of the form of c...
September 11, 2012
Time Delay
Brokerage Ops Time Delay
Failure to properly classify your employees as non-exempt from overtime pay coul...
June 11, 2012
Stormy Affair
Health+Benefits Stormy Affair
The states and the federal government are at odds over health insurance exchange...
May 11, 2012
Fee Fi Fo Fum!
Health+Benefits Fee Fi Fo Fum!
New initiatives could have giant carriers collecting broker fees, but beware the...
April 11, 2012
Brave Small World
P&C Brave Small World
As technology continues to shrink, insurance concerns grow exponentially.
March 11, 2012
Competing Interests
Industry Competing Interests
Be sure your firm doesn’t lose its balance in the New York two-step.
January 11, 2012
Known Knowns
Industry Known Knowns
There are known knowns in healthcare reform and known unknowns. As we approach r...
November 24, 2011
Bungled Effort
Industry Bungled Effort
Only state regulators could complicate an effort to simplify the regulation of s...
October 1, 2011
Strange New World
Health+Benefits Strange New World
Association health plans will still have a life after reform, but in what form?
September 1, 2011
Independence Day
Industry Independence Day
Free at last? Only if you empower us to make it so.
July 1, 2011
Carrier Living Wills
Industry Carrier Living Wills
So you think they are too big to fail? New rules should make you think again.
June 1, 2011
Medicare Tax Subsidy Cut
Health+Benefits Medicare Tax Subsidy Cut
Will hit public company earnings in 2013.
May 1, 2010
New Rules for Highly Paid Workers
Industry New Rules for Highly Paid Workers
Healthcare reform expands impact of old tax regs.
May 1, 2010