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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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FCA Issues to Watch: Appellate Consideration of Statistical Sampling

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February 16, 2016

There are a number of key issues that will drive the government's enforcement efforts in the coming year and that will have a significant impact on how healthcare fraud matters are pursued by relators asserting FCA claims and are defended on behalf of healthcare providers. In the previous weeks, we have examined these issues in greater depth and why healthcare providers should keep a close eye on these issues. This week, we examine the Fourth Circuit's upcoming appellate consideration of the use of statistical sampling to establish falsity under the FCA.

In 2014, the district court's opinion in U.S. ex rel. Martin v. Life Care Centers of America rejected a motion to exclude the government's expert testimony regarding the intended use of statistical sampling to establish liability over an extrapolated universe of claims. Since that time, a number of other district courts have considered the issue of whether such evidence may be used to establish liability by either the government or relators. See U.S. ex rel. Paradies v. Aseracare, Inc., 2014 U.S. Dist. LEXIS 167970 (N.D. Ala. Dec. 4, 2014) (denying motion for summary judgment and noting that "[t]he Government has statistical evidence regarding all of the Government's universe of 2,181 claims. Statistical evidence is evidence."); U.S. ex rel. Guardiola v. Renown Health, 2015 WL 5123375 (D. Nev. Sept. 1, 2015) (issuing discovery ruling regarding the underlying data universe relevant to relator's use of statistical sampling); U.S. ex rel. Ruckh v. Genoa Healthcare, LLC, 2015 WL 1926417 (M.D. Fla. Apr. 28, 2015) (granting relator's motion to admit expert testimony based on statistical sampling that had not been undertaken by relator as of the date of the motion).

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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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