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How did Mike DeAgro's experience co-founding a nonprofit advocacy organization lead to a career in the legal field? Find out more>

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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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Thought Leadership

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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.

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Seventh Circuit Resolves Circuit Split on Causation in FCA Cases

Inside the FCA Blog

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November 20, 2017

In a recent opinion, the Seventh Circuit joined its sister circuits in holding that under the FCA, a defendant's conduct must proximately cause injury to the government in order to incur liability for that injury. United States v. Luce, No. 16-4093, 2017 WL 4768864 (7th Cir. Oct. 23, 2017). This decision resolves a circuit split that arose in 1992 when the Seventh Circuit parted company with the Third Circuit—the only other circuit at that time to have addressed the issue. At that time, the Seventh Circuit held that the FCA required only a "but-for" standard of causation, meaning that a defendant could be held liable under the FCA even if the Government’s loss was not caused directly by the defendant's conduct so long as the government would not have suffered the loss if not for the defendant's conduct. In addition to the Third Circuit, the other circuits that have since addressed this issue—the Fifth, D.C., and Tenth Circuits—have held that the higher standard of "proximate causation" applies to FCA cases.

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Bass, Berry & Sims' Inside the FCA blog features news, commentary and thought leadership covering FCA, healthcare fraud and procurement fraud.


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