Close X
Attorney Spotlight

How does Jordana Nelson's prior experience as a general counsel inform her work with firm clients? Read more>

Search

Close X

Experience

Search our Experience

Experience Spotlight

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

Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

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.

Read now

Arbitration Regulation Bars Class Action Waivers

Firm Publication

Publications

July 11, 2017

On July 10, the Consumer Financial Protection Bureau(CFPB) issued its final rule preventing certain financial product and service providers from including in their consumer contracts pre-dispute arbitration provisions that bar consumers from filing or participating in class action lawsuits.

The rule requires those companies that include arbitration provisions in their contracts, and rely on the arbitration provision to dismiss or delay a lawsuit, to provide the CFPB court records relating to that proceeding, documents created as a result of an arbitration, and the award made, if any, The rule further requires the submission of any communication received from an arbitrator or arbitration administrator that an arbitration agreement does not meet the administrator's fairness principles, rules or other requirements.

The rule also mandates several specific disclosures be included in contracts containing a permitted arbitration provision, and contains optional disclosures allowed under certain circumstances.

Legal challenges to the rule are anticipated based on several grounds, including the reliability and accuracy of the data relied on to support the need for the rule to protect consumers, the methodology used by the CFPB, and that the CFPB exceeded its statutory authority. Further, Congress could nullify the rule, as Chairman Cordray himself acknowledged.

The final rule is effective 60 days after it is published in the Federal Register, but applies only to agreements entered into 180 days after the effective date.


Related Professionals

Related Services

Notice

Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.