Max B. Chester is a partner with Foley & Lardner LLP. He is a member of the firm’s Insurance & Reinsurance Litigation and Securities Enforcement & Litigation Practices and the Insurance & Reinsurance Industry Team.
In the area of securities litigation, Mr. Chester's practice focuses on the defense of securities litigation and government enforcement actions, internal corporate investigations and counseling regarding compliance with the Foreign Corrupt Practices Act. Recent engagements include representation of a publicly traded company in the SEC's inquiry regarding the company's ownership of an entity that specialized in investment in and securitization of credit sensitive residential mortgage assets; representation of a publicly traded company and its senior officers in a securities class action matter; FCPA compliance review for a Fortune 50 company in Russia and Kazakhstan; internal investigation for a Fortune 50 company concerning customer’s inquiries regarding contract executions; and internal review for a health care organization concerning Stark Law compliance.
In the area of insurance and reinsurance litigation, Mr. Chester's practice focuses on litigation and arbitration of complex reinsurance disputes. These matters have involved such issues as the placement of worker's compensation carve out business and non-standard auto business; the application of the follow-the-fortunes doctrine; the proper interpretation of credit-for-reinsurance and net retention clauses; and issues related to letters of credit and pre-hearing security motions. Recent engagements include representation of a reinsurer in a dispute following cedant’s reclassification of ceded business, representation of a reinsurer in a multi-million dollar claim made by an insolvent ceding company regarding a finite risk treaty; representation of an Official Committee of Unsecured Creditor for one of the nation's largest servicers of sub-prime auto loans with respect to the debtor's reinsurance program and debtor's claim for coverage under a fidelity bond; representation of a private mortgage insurer in a class action alleging RESPA violations on account of reinsurance agreements between the insurer and the affiliates of mortgage lenders.
Mr. Chester is a native speaker of Russian, is fluent in Ukrainian and has experience in representing U.S. clients in commercial transactions in Russia and Ukraine.
Mr. Chester is also active in pro bono matters. He recently won political asylum after a trial in the United States Immigration Court in Chicago for a refugee from Iran who was persecuted for converting from Islam and becoming a member of a Bahai Faith. He also represents indigent tenants in real estate related disputes with landlords.
Mr. Chester was selected for inclusion in the 2009 Wisconsin Super Lawyers–Rising Stars® list for his securities litigation work.
Mr. Chester is a graduate of Marquette University Law School (J.D., magna cum laude, 2001) and the University of Wisconsin - Madison (B.S, distinction in the major of political science, with honors in the College of Letters & Science, 1998). At Marquette, he was a senior note and comment editor for the Marquette Law Review.
Mr. Chester is a member of the State Bar of Wisconsin and is admitted to practice in Wisconsin state and federal courts.
Speeches and Publications:
- "Foreign Corrupt Practices Act – What exactly is it?" BRMA Committee Rendezvous, April 22, 2013
- "FCPA Russian Issues," Russia – Strategies and Means to Meet the Challenges & Realize the Opportunities, April 2013
- "Introduction of the FCPA to the Reinsurance Industry," Journal of Reinsurance - IRU, Inc. - Intermediaries and Reinsurance Underwriters Association (Vol. 19, No. 3, Summer 2012)
- Co-author, “FCPA Investigation Costs – Are You Covered?” The Corporate Counselor (Vol. 26, No. 9, January, 2012)
- Co-author, “The FCPA and Insurance: Am I Covered or Should I Be?” Risk & Insurance, November 21, 2011
- "Russian FCPA: The Law Has Been Signed, Will The Culture Change Result?” FCPA Professor, June 17, 2011
- Fighting Bribery in the Post-Soviet Space: Tenaris S.A. Settles FCPA Charges in Uzbekistan, Foley & Lardner LLP Legal News Alert, May 24, 2011
- “Do Reinsurers Have to Pay? Always?” XIV Annual All-Russia Reinsurance Conference, March 23-24, 2010, Moscow, Russia
- "Advantages and Disadvantages of Arbitration as a Mechanism to Resolve International Reinsurance Disputes," XIII Annual All-Russia Reinsurance Conference, March 24-25, 2009, Moscow, Russia
- "Current Legal Issues In the Global Reinsurance Market," XIII Annual All-Russia Reinsurance Conference, March 24-25, 2009, Moscow, Russia
- Co-author, "The Rise In Litigation From FCPA Enforcement," Securities Law360: Litigation, Policy & People News, February 10, 2009
- Co-author, "The Role of Federal Courts in Consolidating Reinsurance Arbitrations: The Latest Cases -- Many Questions Still Unanswered," New Appleman on Insurance: Current Critical Issues in Insurance Law, Matthew Bender & Company, Inc., April 2008
- "Reinsurance Arbitrations and Terrorism Insurance," New Appleman’s™ Insurance Coverage Teleconference, April 9, 2008
- "Ways to Achieve Transparency in Reinsurance," XII Annual All-Russia Reinsurance Conference, March 27-28, 2008, Moscow, Russia
- "Legal Aspects of Reinsurance Brokerage Services," XII Annual All-Russia Reinsurance Conference, March 27-28, 2008, Moscow, Russia
- Co-author, "Supreme Court Further Restricts Private Securities Claims Alleging Deceptive Conduct," Corporate Directors Forum, Jan. 18, 2008
- "The Aftermath of the Airplane Accident: Recovery of Damages for Psychological Injuries Accompanied by Physical Injuries Under the Warsaw Convention," Marquette Law Review 84 (1)