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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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Brant Phillips Comments on Case Granting Access to Directors' Emails


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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