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How did an interest in healthcare policy lead Robert Platt to a career in the law? Find out more>

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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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Richard Arnholt and Kaitlin Harvie Author Article on Implied-Certification Theory

Westlaw Journal Government Contracts

Publications

January 11, 2016

Bass, Berry & Sims attorneys Richard Arnholt and Kaitlin Harvie authored an article for Thomson Reuters' Westlaw Journals 2015 U.S. Supreme Court Report, discussing the implied-certification theory at issue in Triple Canopy, Inc. v. United States ex rel. Badr, a case involving allegedly false claims submitted by a defense contractor for security services in Iraq. In the article, Richard and Kaitlin explore the ambiguity of the implied-certification theory and how the pending decision on the Triple Canopy petition for certiorari may help clarify the theory's viability and scope, particularly in light of the Supreme Court's recent grant of certiorari in the Universal Health Services v. United States ex rel. Escobar case, which addresses the same issues in the healthcare context. In Triple Canopy, the Fourth Circuit Court of Appeals adopted the implied-certification theory, relying on "common sense" and ignoring the express terms of the underlying contract to conclude that false presentment claims had been adequately pleaded against the contractor, even though payment was not conditioned on the provision allegedly violated. To complicate matters, other courts have rejected the theory, such as the Seventh Circuit in United States v. Sanford-Brown Ltd.

The full article, "Implied Certification in the Crosshairs: 7th Circuit Ruling Increases Likelihood of Supreme Court Review of False Claims Act Case," was published January 4, 2016, in Westlaw Journal Government Contracts and is available in the PDF below. Additionally, the article was published in more than 30 legal publications distributed by the publisher.

Download Document - Westlaw Journal Government Contracts (January 4, 2016)

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