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Primary Care Providers Win Challenge of CMS Interpretation of Enhanced Payment Law

With the help and support of the Tennessee Medical Association, 21 Tennessee physicians of underserved communities joined together and retained Bass, Berry & Sims to file suit against the Centers for Medicare & Medicaid Services to stop improper collection efforts. Our team, led by David King, was successful in halting efforts to recoup TennCare payments that were used legitimately to expand services in communities that needed them. Read more

Tennessee Medical Association & Bass, Berry & Sims

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GDPR Top 5 Actions You Should Take Now

The EU's General Data Protection Regulation (GDPR) went into effect on May 25th. As most organizations are aware, the GDPR applies not only to EU businesses but also many companies in the U.S. While the deadline is quickly approaching, most organizations are still grappling with the implications of the regulation on their business. Even if your readiness efforts are behind the curve, the GDPR Top 5 Actions You Should Take NOW will help you begin your efforts towards compliance and help mitigate your organization's risk in the short-term.

Click here to download the checklist.

Chris Lazarini Discusses Arbitration Clause's Application to Non-Signatory

Securities Litigation Commentator

Publications

August 28, 2017

Chris Lazarini | Contributing Legal Editor | Securities Litigation CommentatorBass, Berry & Sims attorney Chris Lazarini discussed a case involving a Plaintiff's suit against a broker-dealer involving his deceased mother's IRA account. Although Plaintiff was a non-signatory to the IRA account agreement, the court enforced the agreement's arbitration clause and compelled Plaintiff to arbitrate his claims.

Chris provided the analysis for Securities Litigation Commentator (SLC). The full text of the analysis is below and used with permission from the publication. If you would like to receive additional content from the SLC, please visit the SLC website to sign up for the newsletter.

Aikens vs. Johnson & Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 16-729 (M.D. La., 7/28/17) 

*A non-signatory to a contract containing a valid pre-dispute arbitration clause may be compelled to arbitrate if his claims arise as a third-party beneficiary to the contract.

**A court may stay litigation and allow arbitration even where some parties are not subject to arbitration.

In 1993, pro se Plaintiff's mother opened an IRA account and named Plaintiff as one of eight beneficiaries. Merrill's IRA Agreement contained a standard arbitration clause compelling arbitration of "all controversies" arising between Plaintiff and Merrill involving "any transaction or the construction, performance, or breach of this or any other agreement between us[.]" By 2001, Plaintiff's mother had withdrawn her IRA funds and the account was closed. She passed away in early 2006. Sometime later, Plaintiff sued Merrill and Johnson (the registered representative of record), alleging fraud and theft of his inheritance.

Both Merrill and Johnson moved to dismiss, with Merrill also asking, in the alternative, for a stay pending arbitration. Plaintiff opposed, claiming no knowledge of the arbitration agreement. Characterizing Plaintiff's opposition as an improper legal challenge and citing his claimed third-party beneficiary status, the Court holds Plaintiff to the arbitration provision of the IRA Agreement and stays the case pending arbitration. Rather than weigh in on whether the IRA Agreement applies to the claims against Johnson, however, it denies the latter's motion to dismiss without prejudice, stating that he may re-urge dismissal at the conclusion of the arbitration.


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