Securities & Shareholder Litigation
Our Securities & Shareholder Litigation Practice Group has been recognized by Benchmark Litigation, Best Lawyers in America©, BTI Litigation Outlook and Chambers USA for its experience and success in corporate and securities litigation, including:
- Securities fraud class actions
- Shareholder derivative litigation
- Merger-related litigation
- SEC investigations/enforcement proceedings
- Internal investigations
- Corporate governance disputes
- Securities-related arbitrations
Our clients include more than 35 publicly traded companies, some of the country’s largest privately held companies and their officers, directors, issuers, underwriters, special committees, financial and investment advisers. In recent years, we have represented these clients in connection with corporate transactions valued at more than $75 billion, as well as dozens of litigation matters related to sub-prime structured investment products. Our team has significant experience resolving insurance coverage disputes, including working with D&O insurance carriers and their counsel on securities litigation matters filed against corporate and director/officer clients. We also routinely defend clients in securities-related arbitrations, as well as other forms of alternative dispute resolution, throughout the U.S.
Our experience also includes serving as lead counsel for Special Litigation Committees to effectively and efficiently investigate derivative claims and allegations of breaches of fiduciary duties.
While we take great pride in our record of favorably resolving cases through both dispositive motions and favorable settlements, we have an equally impressive record of success in taking these complex litigation matters to trial. For example, in one of the first credit crisis-related trials in the country, we obtained an order of specific performance for our client, Genesco Inc., in connection with a proposed $1.6 billion merger with The Finish Line, Inc.
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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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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Obtained summary judgment on behalf of Change Healthcare and related entities in federal court litigation in Seattle stemming from Change Healthcare’s acquisition of a start-up business in the healthcare technology industry where the stock purchase agreement had contingent earn-out provisions
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Represented Pinnacle Financial Partners in a class action brought on behalf of shareholders of Avenue Bank
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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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Represented Pinnacle Financial Partners, Inc. (NASDAQ: PNFP) in its merger with BNC Bancorp (NASDAQ: BNCN)
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Represented Morgan Keegan & Co. in cases brought by investors in certain Morgan Keegan Funds stemming from investment fund company losses
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Successful representation of an individual in the Northern District of Georgia in a securities fraud suit arising from an investment group that funded entertainment events
Professionals
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
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Media Mentions & Firm News
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Chambers USA
"Top-notch firm with an outstanding reputation for its wide-ranging civil litigation expertise. Well equipped to handle disputes in highly regulated industries, with notable strengths in financial services and healthcare cases. Demonstrates wider strengths in corporate disputes, including securities class and derivative actions, IP claims and privacy disputes. Also active in bankruptcy-related litigation. 'Bass, Berry & Sims has the depth of resources and a professional team capable of handling the most complex legal matters.' 'I am impressed with every aspect of the team that services our case. The depth of the research, writing and oral argument is very impressive. I have worked with firms around the country and would put this group at the top.' 'The firm is highly responsive, results-oriented, and anticipates the needs of clients. The team has handled a number of complex matters on behalf of our organization and we have extreme confidence in their legal acumen.'"
From Chambers USA 2022
Benchmark Litigation
Bass, Berry & Sims named "Tennessee Firm of the Year" in 2022 by Benchmark Litigation