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In June 2017, Pinnacle Financial Partners, Inc. (NASDAQ: PNFP) closed a $1.9 billion merger with BNC Bancorp (NASDAQ: BNCN) pursuant to which BNC merged with and into Pinnacle. With the completion of the transaction, Pinnacle becomes a Top 50 U.S. Bank. The merger will create a four state footprint concentrated in 12 of the largest urban markets in the Southeast. 

Bass, Berry & Sims has served Pinnacle as primary corporate and securities counsel for more than 15 years and served as counsel on the transaction. Our attorneys were involved in all aspects related to the agreement, including tax, employee benefits and litigation. 

Read more details about the transaction here.

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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 Strikes Down TCPA Fax Opt-Out Requirement

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March 31, 2017

The D.C. Circuit today overturned the Federal Communications Commission's requirement that fax advertisements always include opt-out notices. In Yaakov v. FCC, the court held that the FCC lacks authority under the Telephone Consumer Protection Act (TCPA) to regulate communications sent with the recipient's prior express invitation or permission. The TCPA expressly authorizes the FCC to issue rules regulating unsolicited fax advertisements—and requires that those faxes contain an opt-out notice—but makes no mention of solicited faxes. The D.C. Circuit thus held that the FCC's regulation exceeded the scope of the agency's authority to regulate solicited fax communications.

This decision eases the regulatory burden associated with faxes and has a significant impact on health care companies' and other industries' fax communications, where providers and manufacturers rely on faxes to comply with regulatory obligations. The Consumer Financial Services Group at Bass, Berry & Sims previously published an alert on oral argument in Yaakov v. FCC, which provides more information on the issues in this case.


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