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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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Matt Curley and Steve Taylor Comment on Liability Issues Related to M&A

Media Mentions

December 18, 2015

Bass, Berry & Sims attorneys Matt Curley and Steve Taylor provided insight in the December issue of Risk & Insurance magazine discussing the hidden liabilities that often arise in mergers and acquisitions. As the number of mergers and acquisitions continue to rise, successor liability is heightened because it "'is an area that the carriers really focus on because they don't want to get bitten any more than the buyer of the company does. They are always trying to write policies to protect themselves from that big claim'" said Steve.

Healthcare providers are increasingly facing the risk of government enforcement under the False Claims Act. And, with the healthcare sector topping M&A charts, these companies may face increased risk of dealing with enforcement issues after the close of a transaction. "'It's only natural to anticipate that companies active in acquisitions will deal with the possibility of enforcement issues post-close; it is often the case that an acquired company will have a regulatory issue that does not emerge in due diligence and only comes to light after the deal closes,'" explained Matt.

The full article, "Hidden Harm: Unforeseen Liabilities in M&As May Cause Headaches for Buyers," was published by Risk & Insurance on December 14, 2015 and is available online.

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