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Attorney Spotlight

How did Brianna Powell's work as a law clerk prepare her for practicing law? Read more>

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Experience Spotlight

In June 2017, Pinnacle Financial Partners, Inc. (NASDAQ: PNFP) closed a $1.9 billion merger with BNC Bancorp (NASDAQ: BNCN) pursuant to which BNC merged with and into Pinnacle. With the completion of the transaction, Pinnacle becomes a Top 50 U.S. Bank. The merger will create a four state footprint concentrated in 12 of the largest urban markets in the Southeast. 

Bass, Berry & Sims has served Pinnacle as primary corporate and securities counsel for more than 15 years and served as counsel on the transaction. Our attorneys were involved in all aspects related to the agreement, including tax, employee benefits and litigation. 

Read more details about the transaction here.

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Thought Leadership

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Thought Leadership Spotlight

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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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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