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Envision to Sell to KKR for $9.9 Billion

We represented Envision Healthcare Corporation (NYSE: EVHC) in its definitive agreement to sell to KKR in an all-cash transaction for $9.9 billion, including debt. KKR will pay $46 per Envision share in cash to buy the company, marking a 32 percent premium to the company's volume-weighted average share price from November 1, when Envision announced it was considering its options. The transaction is expected to close the fourth quarter of 2018. Read more


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Six Things to Know Before Buying a Physician Practice spotlight

Dermatology, ophthalmology, radiology, urology…the list goes on. Yet, in any physician practice management transaction, there are six key considerations that apply and, if not carefully managed, can derail a transaction. Download the 6 Things to Know Before Buying a Physician Practice to keep your physician practice management transactions on track.

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Labor Talk Blog: NLRB Continues to Strike Down Arbitration Agreements

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January 24, 2014

Readers of a previous post will recall that in December 2013, the Fifth Circuit Court of Appeals rejected the view of the National Labor Relations Board (NLRB or the Board) in the significant D.R. Horton ruling. There, the Fifth Circuit held that 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.

The Board's administrative law judges (ALJ), despite this ruling, are continuing to follow the Board's reasoning in D.R. Horton and strike down such agreements. Most recently, just last week, in Leslie's Poolmart, Inc., 21-CA-102332 (Jan. 17, 2014), ALJ Lisa Thompson seemed to go even further. Judge Thompson reasoned that an arbitration agreement violated an employee's Section 7 rights, even though the agreement was silent as to requiring class or collective action waiver. The Judge reasoned it was still unlawful under D.R. Horton since the employer intended that effect, as evidenced by the employer's not only seeking to compel arbitration but also seeking to dismiss the class/collective claims.

The Board likely will continue this attack on such agreements until the Supreme Court rules on D.R. Horton, and employers would be wise to seek counsel in drafting, or attempting to enforce, such agreements.

For more Labor and Employment information, visit www.BassBerryLaborTalk.com.


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