Nesbitt began working in the structured settlement litigation field more than two decades ago, and his firm has represented funding companies since 2001. He has served on the Board of and in leadership roles for the National Association of Settlement Purchasers, where his contributions have influenced legislation in the field throughout the United States. His impressive career has touched upon all facets of this industry.
I am an attorney. In 1992, while a 3rd year litigation associate at Jackson Walker, a partner dropped a file on my desk and said “what do you know about structured settlements?” I responded “nothing.” I handled that litigation matter for Settlement Capital Corporation and from there became Settlement Capital’s regular outside counsel and represented a few other funding companies in the business.
In 1997, I became Executive Vice President and General Counsel for Settlement Capital Corporation. I worked there for 4 years. During that time I was on the Board of Directors, as Settlement Capital’s representative, of the National Association of Settlement Purchasers (NASP). In fact, I was at the meeting in San Diego when NASP was created and organized.
In 2001, I resigned from Settlement Capital and the NASP Board and went into private practice and started, along with David Vassar, our own law firm. Our first client was Settlement Capital Corporation. Our firm came to represent many other funding companies. In 2002, I was asked to become General Counsel for NASP. In 2005, I added the title of Executive Director of NASP.
During my time on the Board of NASP and later as General Counsel/Executive Director of NASP, I have represented the trade association in all legal and legislative matters and generally direct the affairs of the trade association. I have appeared, as counsel on behalf of NASP, in courts around the country, filing amicus briefs, managing counsel who represented the trade association, and in all legal matters. I have appeared and testified, on behalf of NASP, in numerous State Legislatures around the country and/or represented NASP in discussions and negotiations with State Legislators, State regulators, and Legislative Committee staffers, and other interested parties in a number of States, including Texas, New Mexico, Arizona, California, Colorado, Oregon, Montana, Wyoming, South Dakota, North Dakota, Nebraska, Arkansas, Minnesota, Michigan, Illinois, Indiana, Ohio, Kentucky, West Virginia, Tennessee, Mississippi, Alabama, Georgia, Florida, South Carolina, North Carolina, Virginia, New York, Pennsylvania, Connecticut, Rhode Island, and Vermont. I have met with United States Congressman, United States Senators, members of their staff, representatives/members of the Joint Committee on Taxation, representatives of the DOJ and Department of the Treasury, and staffers and members of the House Ways and Means Committee, House Judiciary Committee, Senate Judiciary Committee, and Senate Finance Committee relating to legislation impacting structured settlements and Secondary Market. I have managed Federal and State lobbyists all around the country. I have prepared and given seminars and CLE presentations to lawyer and Judicial groups in Texas, Arizona, Rhode Island, Vermont, and Minnesota and made presentations to the ABA Business Law Section and the NAIC.
I have personally represented funding companies in over 500 structured settlement transfer transactions since 2001 and members of my Firm, at my direction, have represented funding companies 1600 transactions over the past 13 years. I have also represented institutional and individual investors in reviewing, analyzing, and acquiring thousands of structured settlement Secondary Market transactions. I have negotiated structured settlements in settling litigation matters and advised plaintiffs and plaintiff’s lawyers in analyzing structured settlement proposals from insurance companies, structured settlement brokers, and defendants in personal injury lawsuit settlements. I have also advised a few structured settlement payees/annuitants who were considering liquidating their structured settlement payments. In other words, I have experience pretty much in every aspect of the structured settlement industry.