We successfully represented a public company in an 18-month Securities & Exchange Commission (SEC) investigation related to accounting and disclosure issues, resulting in a decision by the SEC to terminate the investigation and recommend that no enforcement action be taken. In defending the company, we responded to requests for documents and information, presented to the SEC and represented company officials at in-person meetings with the SEC.
Successful Defense of SEC Investigation into Accounting and Disclosure Issues
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Successfully represented AmSurg Holdings, Inc. in a dispute with a group of physicians seeking to invalidate a non-compete provision that was a material feature of a highly profitable surgery center partnership located in Minnesota
We serve as lead counsel for the company and 23 individual defendants in a putative class action alleging violations of Sections 10(b), 10A and 20(a) of the Securities Exchange Act of 1934 and Sections 11, 12 and 15 of the Securities Act of 1933. The plaintiffs allege that defendants made materially false and misleading statements and omissions concerning the company’s contracts and its out-of-network billing. In re Envision Healthcare Corporation Securities Litigation, Civil Action No. 3:17-cv-01112 (M.D. Tenn.).
Served as lead counsel for Morgan Keegan and related entities in Federal securities, ERISA and derivative multi-district litigation related to investment company losses in the wake of the credit crisis