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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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Labor Talk Blog: Increasing Pressure Toward Employer Transparency

Firm Publication


August 29, 2016

Recent developments show that employers face both incentives and threats from the Obama Administration designed to ensure that employees know of their right to engage in "whistleblowing" (i.e., sharing possible unlawful activity with government agencies). Two recent examples are the federal Defend Trade Secrets Act (DTSA) and recent enforcement actions by the Securities and Exchange Commission (SEC).

The DTSA, enacted on May 11, 2016, provides employers with the right to recover greater damages if an employee has misappropriated trade secrets "willfully and maliciously." But, the ability to recover these greater benefits are available only if the employer has informed employees of their right to disclose trade secrets without any civil or criminal liability if done solely in whistleblowing – i.e., if shared with a government official or attorney "solely for the purpose of reporting or investigating a suspected violation of law" or in filing a lawsuit with the trade secrets under seal. Thus, while the DTSA provides employers with the possibility of obtaining greater benefits, it requires employers to disclose in writing the employees' immunity from prosecution if the trade secret disclosure occurs solely as part of a whistleblowing activity. image


To continue reading the content in this article on the firm's Labor Talk blog, please click here to view the post.

Bass, Berry & Sims' Labor Talk blog features news, commentary and insights on the complicated and constantly changing labor and employment laws affecting employers.

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