Close X
Attorney Spotlight

How does Jordana Nelson's prior experience as a general counsel inform her work with firm clients? Read more>


Close X


Search our Experience

Experience Spotlight

The M&A Advisor Winner 2017The M&A Advisor announced the winners of the 16th Annual M&A Advisor Awards on Monday, November 13 at the 2017 M&A Advisor Awards. Bass, Berry & Sims was named a winner in the two categories related to the following deals:

M&A Deal of the Year (from $1B-$5B) – Acquisition of CLARCOR Inc. by Parker Hannifin Corporation

Corporate/Strategic Deal of the Year (over $1B) – Acquisition of BNC Bancorp by Pinnacle Financial Partners

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

Regulation A+

It seems that lately there has been a noticeable uptick in Regulation A+ activity, including several recent Reg A+ securities offerings where the stock now successfully trades on national exchanges. In light of this activity, we have published a set of FAQs about Regulation A+ securities offerings to help companies better understand this "mini-IPO" offering process, as well as pros and cons compared to a traditional underwritten IPO.

Read now

Labor Talk Blog: NLRB Loses Appeal in D.R. Horton: Arbitration Agreements Can Require Only Individual Arbitration, But ...


December 4, 2013

In a split decision, the Fifth Circuit Court of Appeals has rejected the view of the National Labor Relations Board (the Board). According to the Court's majority opinion, an arbitration agreement that requires employees to arbitrate all employment disputes but restricts the arbitration proceedings to individual arbitrations only (i.e., not allowing class or collective arbitrations) does not violate Section 7 of the National Labor Relations Act. D. R. Horton v. National Labor Relations Board (December 3, 2013). The Board is considering an appeal.

Why is this important?

  • Employers now can have more certainty that a well-drafted (see below the reason for including that qualifier) arbitration agreement requiring arbitration only on an individual basis is enforceable.
    • The Board had struck down D.R. Horton's mandatory arbitration agreement, finding that it violated Section 7's protections for protected concerted activity. The Board had determined that the agreement mandating only individual arbitration violated Section 7's protections for collective action among employees, which the Board reasoned included seeking collective remedies for violations of the employment laws.
    • Even after several federal courts had refused to follow the Board’s reasoning, (including some U.S. Supreme Court developments) administrative law judges for the Board, under the authority of D.R. Horton, had continued to strike down such agreements.

Three other issues deserve note.

  • It was not a total win for D.R. Horton. The 5th Circuit did find that the broad language of D.R. Horton's mandatory arbitration agreement violated the law. The Court held that the broad language could cause employees to believe reasonably that they could not file an unfair labor practice charge with the Board but rather had to arbitrate those claims too. Thus, D.R. Horton likely will have to re-draft its agreements and have them re-issued.
    • Look for this to be the next wave of challenges to such agreements. If you are considering such arbitration agreements, be sure to have them thoroughly reviewed by competent labor counsel.
  • The 5th Circuit side-stepped the issue of the Board’s authority to act. Readers will recall that, in Noel Canning, the D.C. Circuit ruled that certain recess appointments of President Obama were unconstitutional. That ruling has called into question several decisions by the Board during a particular period of time. The 5th Circuit did not rule on that issue.
  • The Fifth Circuit's decision was not unanimous. Thus, if it decides to appeal, the Board may seek an appeal before the entire 5th Circuit (a request for rehearing en banc) as an interim step before appeal to the Supreme Court.

For more Labor and Employment information, visit

Related Professionals

Related Services


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.