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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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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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Dustin Carlton Authors Article on Legality of Medical Marijuana in the Workplace

HR Dive

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February 23, 2018

Bass, Berry & Sims attorney Dustin Carlton authored an article for HR Dive providing insight on where things stand legally related to medical marijuana in the workplace. Since 1970, marijuana has been listed as an illegal Schedule I drug under federal law. However, nine states and the District of Columbia have implemented measures for legalizing marijuana for both recreational and medicinal use, and 30 states have legalized marijuana use for strictly medicinal purposes. 

With new state laws permitting marijuana use, some employers have expressed concern about accommodating the use of medical marijuana use with disability discrimination laws. The Americans with Disability Act (ADA) states that a qualified disabled individual cannot be currently engaging in illegal drug use, which includes marijuana. Because of this, courts have generally found that employers are not required to accommodate the use of medical marijuana under the ADA or state statutes modeled after the ADA. 

However, some states have enacted laws which may require employers to provide an accommodation that would not impose an undue burden on the employer or otherwise pose a direct threat to the health and safety of other individuals. Courts have also begun to recognize an employer's duty to accommodate under such state laws, such as in Burbuto v. Advantage Sales & Marketing, LLC and Callaghan v. Darlington Fabrics Co. 

HR professionals should therefore be extra careful when evaluating whether they have any obligations to accommodate medical marijuana use, particularly in light of rapid cultural changes. "Although medicinal marijuana use remains illegal under federal law and employers are not required to provide an accommodation under the ADA, employers with jurisdictions where medicinal marijuana is legal under state law should consider revising their company policies and practices to contemplate accommodations for medical marijuana use."

The full article, "Medical Marijuana in the Workplace: Where Do Things Stand?," was published by HR Dive on February 20, 2018, and is available online.


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