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How did a clerkship with Judge Merritt change the way Chris Climo approaches the practice of law? Find out more>

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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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Thought Leadership

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Download the Healthcare Fraud & Abuse Review 2017, authored by Bass, Berry & Sims

The Healthcare Fraud & Abuse Review 2017 details all healthcare-related False Claims Act settlements from last year, organized by particular sectors of the healthcare industry. In addition to reviewing all healthcare fraud-related settlements, the Review includes updates on enforcement-related litigation involving the Stark Law and Anti-Kickback Statute, and looks at the continued implications from the government's focus on enforcement efforts involving individual actors in connection with civil and criminal healthcare fraud investigations.

Click here to download the Review.

Complex Litigation Approach to Alternative Fee Arrangements

The Corporate Counselor

Publications

October 10, 2017

Overton Thompson | David Rue | Alternative Fee Arrangements in Complex LitigationIndividuals from Bass, Berry & Sims authored an article published in the October issue of The Corporate Counselor providing insight on alternative fee arrangements (AFAs) in complex litigation. The article was co-authored by Bass, Berry & Sims litigation member Overton Thompson and the firm's managing director of strategic pricing and client value David Rue. 

As introduced in the article, legal departments are increasingly pressured to bring value to their companies and when hiring outside counsel, clients are not looking for hours, they seek value. Therefore, it's important for legal departments to consider the available AFAs when outsourcing complex litigation matters. 

There are a number of benefits AFAs bring for both legal departments and the law firms they hire. One is that they drive improved communication and higher levels of client satisfaction – leading to a better attorney-client relationship. Additionally, AFAs lead to more predictable fees than straight hourly billing. 

For a complex defense case, there are a number of different AFAs that can be used, including blended rate arrangements, fixed fees, collar arrangements and pure contingency. These types of arrangements have their pros and cons, however, there is another arrangement that works particularly well in defending complex litigation called a "holdback arrangement." With a holdback arrangement, an agreed upon percentage of fees generated within a budget is set aside to create a pool of fees which can be used to encourage ideal outcomes. These arrangements incentivize results, efficiency and predictability.

"A holdback arrangement would work particularly well in the following scenario: a dispute involving a post-closing consideration in a purchase transaction. The seller sues a company (the outside firm's client) demanding damages for failure to pay certain earn-out payments allegedly owing under the purchase agreement, despite seller having failed to satisfy the conditions necessary to receive the payment. The amount at stake is relatively modest and can’t sustain an unbridled approach to defending the case."

The full article, "Alternative Fee Arrangements in Complex Litigation," was published online and in the October 2017 issue of The Corporate Counselor and is available in the PDF below.

Download Document - The Corporate Counselor - Alternative Fee Arrangements article (October 2017)

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