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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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Tim Garrett Discusses Court Ruling Defining "Severe or Pervasive" Sexual Harassment

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August 5, 2015

Bass, Berry & Sims attorney Tim Garrett provided insight for a Corporate Counsel article on the decision by the U.S. Court of Appeals for the Sixth Circuit in Ault v. Oberlin. The case involved whether a single incident could be sufficiently severe to support sexual harassment allegations. The Court said yes, given the severity of the incident. In the case, a female employee was standing in a walk-in cooler and allegedly was pinned against a shelf by the harasser, who placed his pelvic area against her and trapped her against her protests. The court deemed the accusation a sexual, humiliating and physical invasion of her space, warranting a trial, Tim explained.

Referencing a Bass Berry Labor Talk blog post from July 28, 2015, the Corporate Counsel article notes that a single act can be severe enough to satisfy the standard of "severe or pervasive" and be sexual harassment. Tim said the case demonstrates the level of severity necessary to meet that standard.

"The case is also instructive on what did not rise to the level of sufficiently severe or pervasive," Tim said. Two other female employees said the same harasser made three to five sexually inappropriate and suggestive comments. "The court noted that the language was vulgar and unprofessional but not enough to establish sexual harassment," he said. 

The full article, "Severe or Pervasive Harassment Can Happen Just Once," was published by CorpCounsel.com on August 5 and is available online (subscription required).


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