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What colorful method does Claire Miley use to keep up with the latest healthcare regulations as they relate to proposed transactions? Find out more>

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On December 1, 2016, Parker Hannifin Corporation and CLARCOR Inc. announced that the companies have entered into a definitive agreement under which Parker will acquire CLARCOR for approximately $4.3 billion in cash, including the assumption of net debt. The transaction has been unanimously approved by the board of directors of each company. Upon closing of the transaction, expected to be completed by or during the first quarter of Parker’s fiscal year 2018, CLARCOR will be combined with Parker’s Filtration Group to form a leading and diverse global filtration business. Bass, Berry & Sims has served CLARCOR as primary corporate and securities counsel for 10 years and served as lead counsel on this transaction. Read more here.

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Securities Law Exchange BlogSecurities Law Exchange blog offers insight on the latest legal and regulatory developments affecting publicly traded companies. It focuses on a wide variety of topics including regulation and reporting updates, public company advisory topics, IPO readiness and exchange updates including IPO announcements, M&A trends and deal news.

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Privacy & Data Security

Data breach, breach response, cyberliability, drones, and encryption are just a few of the terms that have worked their way into our vocabulary as businesses use evolving technologies to collect and maintain increasing amounts of electronic data. Competitive pressures require companies to take advantage of these efficiencies, but raise a host of new and ever-changing security risks, privacy considerations, compliance concerns, and legal requirements.

Our interdisciplinary team provides immediate and practical guidance to our clients in this fluid yet dynamic area. Our attorneys work in all industry sectors – including retail, healthcare, financial services, and information brokerage – on a wide array of data security, privacy, and cyberliability issues. Our experience and knowledge encompasses a myriad of laws and regulations, including HIPAA/HITECH, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act (FCRA), and the credit card industry's PCI Standards, spanning multiple jurisdictions, both international and domestic. In addition, we have a team focused on the range of issues that arise from use of unmanned aircraft systems (UAS) (i.e., drones), including FAA regulatory requirements; applicable state laws; software contracts; intellectual property, data security, and invasion of privacy concerns; insurance coverages; import/export matters, product liability hazards, and general liability and litigation issues.

With regard to HIPAA/HITECH specifically, we counsel hospital companies and healthcare providers on the increasingly stringent federal laws and regulations related to HIPAA compliance and the privacy and security of personal health information, including federal and state security standards, business associate standards and breach reporting requirements. We navigate state and other requirements related to the responding to data breaches and preventing identity theft, implementing necessary policies and training employees. As providers are incorporating information security and electronic health records (EHR) into their compliance plan and patient experience, we counsel them with respect to the use of mobile devices, including physician use of mobile devices to transmit and access electronic patient records.

Our attorneys assist clients with:Data Security Graphic

  • Data security and privacy policies and procedures
  • Incident response plans
  • Employee training
  • Negotiation of vendor and other business partner contracts
  • Investigation of data security incidents
  • Data breach responses and customer notifications
  • Cybercrime investigations and reporting
  • Interacting with law enforcement and regulators
  • Pursuit of claims against responsible parties
  • Defense of claims from customers, business partners and regulators

Our team has spoken before groups such as the Securities Industry and Financial Markets Association (SIFMA), the Tennessee Banker's Association (TNBA), the Tennessee Society of Certified Public Accountants (TSCPA), and the Middle Tennessee Title Agents' Association on legislative, regulatory, and practical developments in the evolving world of data security, privacy, and cyberliability.

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