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

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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

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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.

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Operating Room, Law360 Health Group of the Year

Health IT Software Vendor Issues

Helping hospitals find solutions


Hospitals and health systems have never before been so dependent on integrated Healthcare Information Technology (HIT) systems. Seamless patient billing, patient accounting and EMR software is key to 21st-century healthcare – and faulty implementations can cause not only significant damages to the hospital's revenue, but a potential decrease in the quality of patient care delivered, not to mention staff and community relations issues.

When software fails, hospitals often believe one-sided contracts shield the vendor from liability. Bass, Berry & Sims Member Michael Dagley and team find solutions for hospitals with these issues – most notably winning more than $100 million on behalf of a health system over a defective patient accounting system.

Hospitals can't afford a difficult software implementation or blown conversion. The stakes are too high. From ensuring contracts with vendors are fairly arranged to litigating a software dispute, our team is ready to assist in finding the best solutions for your company.

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As the use of health information technology (HIT) continues to grow in importance to hospitals, health systems and other provider organizations, disputes between healthcare organizations and IT vendors are becoming more common. When IT vendors fail to deliver on their promises, it is the healthcare providers who sustain the financial and reputational damages. Consider these recent examples:

  • A Florida hospital that is negotiating a long-term lease with national hospital company HCA had to lower its asking price by $12.5 million because of an HIT contract that HCA believes is too costly.
  • In Georgia, a hospital CEO lost his job after a failed EHR implementation.
  • IT vendors have historically dictated the contract terms to hospitals and health systems but that is now changing.

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