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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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Employers Cautioned to Review Disclosures for FCRA Compliance

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March 18, 2014

Employers have long been under an obligation to provide employees and prospective employees with prior written notice that a credit report – a "consumer report" in the language of the Fair Credit Reporting Act (FCRA) – may be obtained about them.  The FCRA specifically requires this notice to be "in a document that consists solely of the disclosure," although the Act elsewhere clarifies that the disclosure may also contain an authorization by the employee or applicant for procurement of the report.  Recent court decisions, settlements, and new lawsuits have highlighted the importance of ensuring compliance with this provision of the FCRA.

On December 2, 2013, a federal district court in Pennsylvania held that an employer violated the FCRA by combing the FCRA disclosure and authorization form with a waiver of rights related to the consumer report and background check.  After the court’s ruling, the company in that case, ClosetMaid, was forced to settle the lawsuit as a class action, agreeing to pay $400 to each of 1,540 class members who received the combined disclosure/waiver form – a total of more than $600,000 – plus the plaintiff attorney’s fees and the costs of administering the settlement.  There appears to be an upsurge in this type of litigation as class action lawsuits alleging similar claims have been filed in the last week against Publix Super Markets and UBS.

The remedial provisions of the FCRA are very favorable to plaintiffs.  They allow for class certification with no cap on class-wide damages, attorney fee-shifting, and statutory damages between $100 and $1,000 for each willful violation of the Act.  Employers who receive credit reports and conduct background checks on employees and prospective employees should carefully review their disclosures to ensure compliance with the FCRA.


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