Close X
Attorney Spotlight

How did an interest in healthcare policy lead Robert Platt to a career in the law? Find out more>

Search

Close X

Experience

Search our Experience

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

Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

GDPR Top 5 Actions You Should Take Now

The EU's General Data Protection Regulation (GDPR) went into effect on May 25th. As most organizations are aware, the GDPR applies not only to EU businesses but also many companies in the U.S. While the deadline is quickly approaching, most organizations are still grappling with the implications of the regulation on their business. Even if your readiness efforts are behind the curve, the GDPR Top 5 Actions You Should Take NOW will help you begin your efforts towards compliance and help mitigate your organization's risk in the short-term.

Click here to download the checklist.

U.S. Green Building Council Sued Over LEED Certification System

Publications

February 11, 2011

The U.S. Green Building Council (USGBC) has been sued in United States District Court in New York by a putative class of plaintiffs claiming that USGBC engages in false and misleading advertising in connection with its Leadership in Energy and Environmental Design (LEED) certification system. The plaintiffs are non-LEED accredited design and construction professionals who advise real estate developers and other clients on the design and construction of energy efficient buildings. The plaintiffs claim they are losing business because false and misleading information disseminated by USGBC causes consumers to utilize LEED accredited professionals who provide advice about obtaining LEED certification, mistakenly believing that such professionals will deliver a building that is verified by a third party to be more energy-efficient than a building that plaintiffs would provide. According to the suit, "USGBC’s false advertisements mislead the consumer into believing that obtaining LEED certification incorporates construction techniques that achieve energy-efficiency."

The plaintiffs point to certain statements by USGBC that they contend are false, including that LEED-certified buildings perform, on average, "25-30% better than non-[LEED] certified buildings in terms of energy-use," and that LEED "provid[es] third-party verification that a building or community was designed and built using strategies aimed at improving performance across all the metrics that matter most." According to the plaintiffs, USGBC’s own study data indicate that, on average, LEED-certified buildings use 41 percent more energy than non-LEED buildings, and LEED does not verify that buildings are energy efficient because applicants essentially "self-certify" with no site investigation by USGBC.

The suit includes claims for false advertising, deceptive trade practices and unfair competition. The plaintiffs seek unspecified compensatory and punitive damages, including all profit derived from the allegedly unlawful conduct by USGBC (the suit states that USGBC reported revenues of $64 million in 2008). The suit also seeks an injunction requiring USGBC to cease dissemination of the allegedly false and misleading information, to issue corrective advertising and literature, and to disclose the actual energy use of LEED-certified properties. The disclosure element would require all LEED-certified properties to upload utility bills into a publicly accessible online database, once a year, for ten years following certification.

The case is Gifford v. U.S. Green Building Council, No. 10-cv-7747-LBS (S.D.N.Y. amended complaint filed Feb. 7, 2010).


Related Services

Notice

Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.