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How does Jessie Zeigler anticipate the intersection of privacy and smart technology will impact the future of litigation? Find out more>

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Experience Spotlight

Primary Care Providers Win Challenge of CMS Interpretation of Enhanced Payment Law

With the help and support of the Tennessee Medical Association, 21 Tennessee physicians of underserved communities joined together and retained Bass, Berry & Sims to file suit against the Centers for Medicare & Medicaid Services to stop improper collection efforts. Our team, led by David King, was successful in halting efforts to recoup TennCare payments that were used legitimately to expand services in communities that needed them. Read more

Tennessee Medical Association & Bass, Berry & Sims

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Healthcare Private Equity Compliance Checklist

The complex and ever-changing healthcare regulatory and enforcement environment, including increased focus on the role of private equity firms in their portfolio companies, make compliance a top priority for private equity firms investing in healthcare companies. The best way to limit your exposure as a private equity firm is to avoid a compliance misstep in the first place. Additionally, an effective and robust compliance program for your portfolio healthcare company makes it much more attractive to potential buyers and helps you avoid an unexpected and costly investigation or valuation hit down the road. Download the Healthcare Private Equity Compliance Checklist to assess whether your portfolio company's compliance program is up-to-date.

Click here to download the checklist.

Brant Phillips Comments on Case Granting Access to Directors' Emails

Agenda

Media Mentions

May 26, 2016

Bass, Berry & Sims attorney Brant Phillips was quoted in an article published by Agenda, an affiliate of the Financial Times. The article focused on the Delaware Court of Chancery's ruling in Amalgamated Bank v. Yahoo, in which the Court ruled that company directors were required to disclose all types of electronic communications – including personal emails – in response to a shareholder's Section 220 request for books and records. The decision has received much attention in the both the media and legal circles for its potentially far-reaching implications. The controversial facts of the case – which concern the $60 million severance package reportedly given to Yahoo's former COO after a tenure of only 14 months – may limit the precedential impact of the ruling in other cases. "I think the circumstances surrounding this employee, his departure and his compensation package cannot be overlooked in terms of how Vice Chancellor Laster decided this case," Brant explains. Regardless of the consequences from this decision, email is subject to discovery in litigation, and companies should be proactive in setting policies that govern director communications. 

The full article, "Access to Directors' Personal E-Mails Granted," was published by Agenda on May 23, 2016, and is available online (subscription required).


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