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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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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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