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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.

Click here to download the guide.

Supreme Court of the United States Holds that New York Law Regarding Credit Card Surcharges Regulates Speech, Remands for Further Consideration

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April 6, 2017

Last week, in a unanimous decision, the Supreme Court of the United States held that New York General Business Law Section 518, which provides that "[n]o seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, check, or similar means," regulates merchants' speech, and remanded the case to the United States Court of Appeals for the Second Circuit to determine whether the regulation is unconstitutional under the First Amendment.1

While this decision does not override the laws of the states2 that currently prohibit a merchant from assessing a surcharge on customers who elect to pay by credit card, this decision sends a signal that the Court ultimately may hold that the New York law and other similar state laws unconstitutionally regulate merchants' commercial speech rights in violation of the First Amendment. We will continue to monitor and provide updates regarding this case as they develop. If you have any questions or any other concerns related to your organization, please contact Bob Brewer, Steve Taylor or Devon Holbrook.


1 Expressions Hair Design v. Schneiderman, 581 U.S. ___ (2017).
2 As of the date of this alert, there are statutes prohibiting merchants from assessing a surcharge on customers who elect to pay by credit card in ten states: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas.


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