Britt K. Latham
Until February 2016, Britt served as the chair of the firm’s Litigation & Dispute Resolution Practice Group, and he currently serves as co-chair of the firm’s Securities & Shareholder Litigation Practice Group. Britt has been involved in numerous high profile cases, including notably the successful representation of a public company involving the breach of a $1.5 billion merger agreement, and in significant federal securities, ERISA, and derivative multi-district litigation related to an investment fund loss in the wake of the financial crisis.
Britt represents public companies, their directors and senior management in complex securities class actions, merger class actions, and other types of business disputes, as well as advising public and private clients involved in internal investigations. He has protected the interests of clients in more than 50 class actions in various states, with billions in potential exposure.
Memberships
Nashville Bar Association — Federal Court Committee
American Bar Association
American Health Law Association (AHLA)
Representative Experience
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Representation of J. Alexander’s Holdings, Inc. (NYSE: JAX), owner and operator of J. Alexander’s Restaurant, Redlands Grill, Stoney River Steakhouse and Grill and selected other restaurants, in its $220 million all cash sale to SPB Hospitality LLC, a leading operator and franchisor of full-service dining restaurants.
Since J. Alexander’s first opened in 1991, Bass, Berry & Sims has served as primary corporate and securities counsel to the company for more than 30 years. Additional details about the transaction can be found in the official news release.
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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.).
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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
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We served as lead counsel for Envision Healthcare Corporation and current and former board members in four derivative actions asserting claims for breach of fiduciary duty, wasted corporate assets, unjust enrichment and violations of the Securities and Exchange Act of 1934 arising out of allegations of over billing and improperly billing medical patients, failing to supervise corporate action and failure to maintain proper internal controls. These cases were consolidated in 2018. Following a company merger, the case was dismissed in its entirety on October 25, 2018. Purrone v. Sanger et al., Case No. 3:17-cv-01472 (M.D. Tenn.).
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Representation of Change Healthcare in its strategic investment for a minority position in MDsave, a technology and healthcare payments company that simplifies the healthcare services shopping and payment experience for consumers
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Successfully argued issue of first impression under the Securities Litigation Uniform Standards Act before the U.S. Court of Appeals for the Sixth Circuit
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Successful representation of 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
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Successfully represented a company in a confidential Securities & Exchange Commission (SEC) investigation arising from a former employee’s complaint about allegedly improper accounting practices
Publications
Past Events
Media Mentions & Firm News
Accolades
Chambers USA — Litigation: General Commercial (2016-2022)
Best Lawyers® — Nashville Litigation: Securities “Lawyer of the Year” (2022)
The Best Lawyers in America© — Commercial Litigation; Litigation: Securities (2013-2023)
Mid-South Super Lawyers (2014-2021)
Benchmark Litigation — Local Litigation Star: Tennessee (2019-2021); Future Star: Tennessee (2010-2018)
Martindale-Hubbell — AV Preeminent® Peer Review Rated
Education
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Duke University School of Law - J.D., 1993
with honors
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Centre College - B.A., 1990
Admissions
- Tennessee, 2003
- Texas (inactive), 1993
- U.S. Supreme Court, 2014
- U.S. District Court, Western District of Tennessee, 2011
- U.S. District Court, Eastern District of Tennessee, 2004
- U.S. District Court, Middle District of Tennessee, 2004
- U.S. District Court, Western District of Texas, 1999
- U.S. District Court, Eastern District of Texas, 1995
- U.S. District Court, Southern District of Texas, 1994
- U.S. District Court, Northern District of Texas, 1994
- U.S. Court of Appeals, Sixth Circuit
Chambers USA
"Britt Latham is recognized by market commentators for his expertise in securities and shareholder litigation. He comes highly recommended for his representation of clients facing big-ticket class actions and SEC enforcement proceedings. 'Britt Latham is active and very busy, handling some of the more complex work.'"
From Chambers USA 2022