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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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
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Represent Ruby Tuesday and certain named officers in a putative class action alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934
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Representation of IASIS Healthcare Corporation and its hospitals in DOJ/HHS-OIG investigation into allegations of Anti-Kickback Statute, the Stark Law, and medical necessity of certain medical procedures, resulting in declination of intervention by the government and district court’s dismissal of action and sanctioning of relator’s counsel
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Represented Morgan Keegan & Co. in cases brought by investors in certain Morgan Keegan Funds stemming from investment fund company losses
Publications
Past Events
Media Mentions & Firm News
Accolades
Chambers USA — Litigation: General Commercial (2016-2020)
The Best Lawyers in America© — Commercial Litigation; Litigation: Securities (2013-2021)
Mid-South Super Lawyers (2014-2019)
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. Court of Appeals, Fifth Circuit, 2002
- 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
"Co-chair of the firm's securities and shareholder litigation group Britt Latham routinely represents clients in civil litigation, including M&A disputes and class actions. Sources describe him as a 'very good lawyer' who 'can handle complex disputes.'"
From Chambers USA 2019