Hinshaw's Ed Lenci Publishes “Expert Analysis” in the New York Law Journal on Second Circuit's Possible Reconsideration of Reverse-Preemption of NY Convention By the McCarran-Ferguson Act
In The News | 1 min read
Sep 12, 2023
On September 11, 2023, the New York Law Journal published, as an "Expert Analysis," Hinshaw New York partner Ed Lenci's article that examines the prospects for the Second Circuit's reconsideration of its previous holding that the McCarran-Ferguson Act (MFA) reverse-preempts the New York Convention such that state prohibitions on the arbitration of disputes between policyholder and their insurers control over the Convention's pro-arbitration policy. There is a split in the Circuits over the issue: the First, Fourth, Fifth, and Ninth Circuits have held that the Convention preempts the MFA, while the Second and Eighth Circuits have held that the MFA reverse-preempts the Convention. Lenci is the long-time chair of the Reinsurance Section of Hinshaw's global Insurance Services Practice Group.
Read the full article (subscription required)
"Reverse-Preemption of NY Convention By the McCarran-Ferguson Act" (New York Law Journal, September 11, 2023).
* You can read a version of this article on our website
Related People
Related Capabilities
Related Locations
Featured Insights

Press Release
Sep 10, 2026
Hinshaw Attorneys Recognized as 2027 Lexology Index Thought Leaders: USA

In The News
Sep 10, 2026
Nicholas Ajello and Gregory Emry Analyze FAA’s Proposed BVLOS Drone Regulations

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit

Press Release
Sep 8, 2026
Jim Sandy Appointed Chair of ABA Debt Collection and Bankruptcy Subcommittee

In The News
Sep 3, 2026
Jennifer Driscoll Analyzes FTC Suit over Amazon’s Advertising Pricing Practices

In The News
Sep 2, 2026
Yvonne Ocrant Discusses Horse Business Legal Protection on the EquineRevShare Podcast

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 2, 2026
Two Key Wins for Mortgage Lenders on Illinois Statute of Limitations

Press Release
Sep 2, 2026
Jennifer Driscoll Reappointed to CBA's Antitrust & Trade Regulation Section Executive Committee



