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How did Brianna Powell's work as a law clerk prepare her for practicing law? Read more>

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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

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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.

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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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