The Bermuda office of global firm Kennedys is one of the leading law firms in Bermuda. The firm’s partners have extensive experience advising clients on some of the largest and most complex legal issues facing insurers, reinsurers, banks, funds, trustees, unregulated companies and financial and professional service providers. Members of the firm’s Bermuda-based team have in-depth international and local experience, having practiced both ‘onshore’ and ‘offshore’ for many years, both as barristers and advocates, and as solicitors and attorneys. The firm’s global reach, local and international experience, and deep sector knowledge provides its Bermuda-based lawyers with an extensive understanding of the global and local issues facing its clients.
Main Areas of Practice
Kennedys advises insurers, banks, trust companies, funds, fund managers, other financial and professional service providers, unregulated companies and their investors and lenders and high-net worth individuals. The firm is highly experienced both in advising and representing clients in dispute resolution and in advising them on non-contentious matters. Kennedys is best known for its highly-regarded insurance and reinsurance practice.
Insurance and Reinsurance:
The firm’s specialist insurance and reinsurance practice is one of only a small number in Bermuda able to offer dedicated expert advice and representation on both contentious and non-contentious insurance matters.
On the non-contentious side, the firm’s corporate insurance team has assisted insurers and insurance intermediaries, their owners and lenders with licensing, mergers and acquisitions, redomestications and capital-raising exercises, both private and public. They have also helped clients establish collateralised insurance structures in Bermuda for use in ILS transactions and have advised on a huge number of complex insurance and reinsurance deal structures.
The team is also expert in advising on all aspects of Bermuda regulation of insurers carrying on general and long-term business. They frequently advise clients on capital treatment, acquisition of and investment in subsidiaries and the use of reinsurance to provide capital relief. The team also advises insurer clients on a range of compliance matters such as AML/ ATF, CRS, economic substance, personal information protection, ABAC and code of conduct issues.
On the contentious side, the firm advises clients on all classes of business, including general liability (particularly the ‘Bermuda Form’), professional liability, directors’ and officers’ liability, financial institutions, product liability, Industry Loss Warranties, Insurance Linked Securities, captive insurance programmes, property, life insurance and other classes of long-term business, environmental liability, construction, marine and cargo, personal accident, life insurance, workers compensation, and motor liability.
Kennedys offers a ‘one stop’ service for Bermuda-related arbitration work, including arbitrations seated or held in Bermuda, London, Toronto and elsewhere, and is in a unique position to offer clients access to Kennedys’ global network and highly specialist insurance teams in London, New York, and in every other Kennedys office throughout North America, Latin America and the Caribbean, Europe, the Middle East and Asia Pacific.
The team also offers unique specialist expertise advising and acting on Offshore Professional Risks, involving professional negligence claims in offshore jurisdictions relating to directors, officers, trustees, fiduciaries, corporate service providers, lawyers, accountants, fund administrators, auditors, insolvency practitioners, financial institutions, custodians, investment managers, insurance brokers, architects, building professionals, and medical professionals.
The firm’s Bermuda-based lawyers have appeared in some of the largest and most complex pieces of commercial and trusts litigation before the Supreme Court of Bermuda in the past fifteen years, as well as conducting appeals before the Court of Appeal for Bermuda and the Privy Council in London.
Kennedys has particular experience of dealing with urgent applications for injunctive relief, including freezing injunctions, anti-suit injunctions, and provisional liquidation appointments. The firm is also regularly involved in asset tracing and asset recovery proceedings, contested winding up petitions, minority shareholder petitions and corporate governance disputes, as well as applications for the enforcement of foreign judgments and arbitration awards, and for the production of evidence for use in foreign proceedings
Corporate and Finance:
The firm advises commercial clients in connection with mergers and amalgamations, redomestications, public and private offers of securities, lending and security, shareholders agreements, amendments and restatements of bye-laws, partnership agreements and acquisitions and disposals of shares and businesses. The firm’s clients include banks, insurers, professional service companies, unregulated companies and their investors and lenders.
Kennedys is a trading name in Bermuda of Kennedys Chudleigh Ltd., an independent Bermuda law firm. Kennedys Chudleigh Ltd. is a limited liability company incorporated in Bermuda under the Companies Act 1981, which is regulated under the provisions of the Bermuda Bar Act 1974, and approved and recognized under the Bermuda Bar (Professional Companies) Rules 2009.