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How does Jordana Nelson's prior experience as a general counsel inform her work with firm clients? 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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D.C. Circuit Reverses District Court Dismissal of Qui Tam Lawsuit

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June 28, 2015

The D.C. Circuit reversed the district court's dismissal of a serial relator's qui tam lawsuit under the FCA's first-to-file bar in U.S. ex rel. Heath v. AT&T, Inc., finding that the relator's two qui tam lawsuits targeted factually distinct types of frauds. The D.C. Circuit further determined that the relator's qui tam lawsuit satisfied the pleading requirements of Rule 9(b).

The FCA's first-to-file bar provides that once a qui tam action has been filed, "no person other than the Government may intervene or bring a related action based on the facts underlying the pending action." As an initial matter, the D.C. Circuit determined that the first-to-file rule was not jurisdictional in nature; but rather, implicated only whether a qui tam plaintiff properly stated a claim. The D.C. Circuit then determined that the relator's second qui tam lawsuit, which alleged that AT&T and 19 of its subsidiaries deprived schools and libraries of the lowest corresponding price for phone and internet services, was sufficiently different from the relator's first qui tam lawsuit in terms of its scope and how the fraud scheme allegedly was carried out to avoid dismissal under the first-to-file rule.

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Bass, Berry & Sims' Inside the FCA blog features news, commentary and thought leadership covering FCA, healthcare fraud and procurement fraud.

 

 


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