Bass, Berry & Sims PLC

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150 Third Avenue South
Suite 2800
Nashville, TN 37201, United States
Phone: (615) 742-6200
Fax: (615) 742-6293
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Construction Law
  • Finance & Banking
  • Government
  • Health
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Real Estate
  • Securities Law
  • Taxation
See more
Locations
Other U.S. Locations
  • D.C.
  • Tennessee
Number of Attorneys
200+ Attorneys

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,…more

Appeals, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

See all updates »

New SEC Cover Pages Take Effect September 17

We have previously blogged about recent SEC rule changes to the definition of “smaller reporting company” (SRC) and XBRL. Our readers should know that a byproduct of these new rules include certain tweaks to the cover pages of…more

Accelerated Filers, Form 10-K, Form 10-Q, New Rules, Securities Act

See all updates »

TCPA Exemptions for Healthcare Companies

As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone…more

Auto-Dialed Calls, Cell Phones, Exemptions, Faxes, FCC

See all updates »

Alaska Adopts New Out-of-State Pharmacy Requirements

On January 19, the Alaska Board of Pharmacy (Board) announced statutory and regulatory changes that significantly impact “Out-of-State” (non-resident) Pharmacy registration requirements, impose additional licensure requirements…more

Alaska, Applications, Jurisdiction, Licensing Rules, Non-Residents

See all updates »

Supreme Court Ends Use of Race as a Factor in College Admissions

In a much-anticipated decision, the Supreme Court last week ended the use of race as a factor in college admissions, effectively overturning its precedent in Grutter v. Bollinger. In a vote of 6-3, the Court held that the…more

Affirmative Action, Civil Rights Act, College Admissions, Dissenting Opinions, Diversity

See all updates »

False Claims Act Settlements to Know from Q1 2024

Despite the recent downward trend in DOJ healthcare industry settlements, the first quarter of 2024 saw many noteworthy False Claims Act (FCA) and civil healthcare fraud settlements related to alleged kickbacks, medically…more

Anti-Kickback Statute, Controlled Substances Act, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers

See all updates »

Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case

On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule that…more

Biden Administration, Corporate Counsel, Department of Labor (DOL), Federal Contractors, Federal Property and Administrative Services Act (FPASA)

See all updates »

Private Equity Dealmakers Guidebook to Healthcare M&A During the Covid-19 Pandemic

The COVID-19 pandemic has stressed the M&A market at every stage of the deal-making process – from complicating on-site visits and intensifying the diligence process to introducing valuation gaps (relative to pre-COVID-19…more

Accelerated Payments, Buyers, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

See all updates »

SEC Issues Risk Alert on Privacy Issues

The SEC has again signaled that now is the time for investment advisers and broker-dealers to get serious about compliance with Reg. S-P. For years, the SEC’s examination priorities have included a focus on cybersecurity and/or…more

Broker-Dealer, Customer Information, Cybersecurity, Data Breach, Data Privacy

See all updates »

Court Strikes Down Federal Surprise Billing QPA Calculation Rules, Continuing Pause on Arbitrations

On August 24, the U.S. District Court for the Eastern District of Texas once again struck down parts of the regulations governing the arbitration process created by the No Surprises Act (NSA) to settle payment disputes between…more

Billing, Department of Health and Human Services (HHS), Department of Labor (DOL), Health Care Providers, Healthcare

See all updates »

Tennessee Court Extends Economic Loss Doctrine to Construction Claims

The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on a…more

Appeals, Breach of Contract, Construction Contracts, Construction Disputes, Construction Industry

See all updates »

Update on SEC Climate Change Rules

In a never ending saga to the climate disclosure rules, on March 15, the Fifth Circuit temporarily stayed the recently adopted climate change disclosure rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Unveiling the Federal Corporate Transparency Act: Requirements, Compliance, and Implications

The Corporate Transparency Act (CTA) is a federal law that will require various types of businesses – such as corporations, limited liability companies, and limited partnerships operating in the United States – to begin to…more

Beneficial Owner, CFIUS, Corporate Transparency Act, Deadlines, FinCEN

See all updates »

Gender-Affirming Care Remains a Hot Topic in 2024

Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that…more

Affirmative Defenses, Affordable Care Act, Bostock v Clayton County Georgia, Department of Health and Human Services (HHS), Discrimination

See all updates »

Changes to Section 162(m) Affecting Deferred Compensation Arrangements

Public companies maintaining deferred compensation arrangements for their executive officers should consider how recent changes to the regulations under Section 162(m) of the Internal Revenue Code (the Code) may impact the…more

Compensation & Benefits, Covered Employees, Deferred Compensation, Executive Compensation, Grandfathering Rules

See all updates »

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

FINRA Officials Provide Insight on Enforcement, Examination and Rulemaking Priorities Amid COVID-19 Pandemic

Virtual Meetings - Colby said that consistent with FINRA’s rules requiring in-person hearings, it has conducted no remote hearings. He said there have been a handful of remotely conducted FINRA arbitrations, but those are the…more

Coronavirus/COVID-19, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Regulation BI, Regulation S-P

See all updates »

2023 Healthcare Private Equity Outlooks & Trends

As we kick off 2023, we are optimistic that the healthcare private equity (PE) market will be resilient despite various headwinds. As you think ahead, please consider the issues and trends summarized below that may be helpful to…more

Capital Markets, Cyber Attacks, Cybersecurity, Debt Market, Earn-Outs

See all updates »

Department of Defense Publishes Long-Awaited CMMC Proposed Rule

On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security requirements…more

Certification Requirements, Comment Period, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

See all updates »

CMS Announces New MSSP Model Aimed at Improving Primary Care

The Centers for Medicare & Medicaid Services (CMS) recently announced the ACO Primary Care Flex Model (ACO PC Flex Model or Model), a new voluntary payment model for primary care furnished through low-revenue Accountable Care…more

Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Filing Deadlines, Health Care Providers, Healthcare

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

California GHG Emission Website Disclosure Legislation to Take Effect on January 1, 2024

Recently, the State of California enacted Assembly Bill 1305: the Voluntary Carbon Market Disclosures Act (AB 1305), which requires companies, under certain circumstances, to make website disclosures of certain information about…more

California, Civil Monetary Penalty, Compliance, Disclosure Requirements, Enforcement

See all updates »

Utah AI Act’s Impact on Healthcare and Other Regulated Occupations

On March 13, Utah Governor Spencer Cox signed into law the Artificial Intelligence Policy Act (the Act), governing the use of generative artificial intelligence (AI) and beginning what will likely be a continually growing body…more

Artificial Intelligence, Healthcare, Machine Learning, New Legislation, Regulatory Requirements

See all updates »

2024 Healthcare Private Equity Outlook & Trends

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that private…more

Acquisitions, Artificial Intelligence, Corporate Transparency Act, Department of Justice (DOJ), Diversity

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Proposed Changes Affect Privacy Protections of Patients Seeking Substance Use Disorder Treatment

On August 22, 2019, providers and other health industry participants involved in the provision of substance use disorder (SUD) services got some welcome news in the form of proposed regulatory changes. The U.S. Department of…more

Comment Period, Confidential Information, Consent, Department of Health and Human Services (HHS), Disclosure Requirements

See all updates »

Navigating the New Normal: Credit Facility Considerations for Borrowers

By now, many businesses have weathered the initial operational changes required nationwide as a result of shelter in place orders, approached landlords and other vendors for initial concessions, and applied for and obtained any…more

Coronavirus/COVID-19, Credit Facilities, Financial Stimulus, Lenders, Main Street Lending Programs

See all updates »

New 2025 Medicare Advantage Proposed Rule Further Scrutinizes Marketing Practices, Expands Behavioral Health, and Promotes Health Equity

On November 15, CMS published a proposed rule, which, as currently written, has potentially significant implications for Medicare Advantage (MA) plans and Medicare Prescription Drug Benefit Program (PDP) plans in Contract Year…more

Brokers, Centers for Medicare & Medicaid Services (CMS), Compensation, Health Care Providers, MCOs

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

U.S. Supreme Court Upholds Constitutionality of Patent Inter Partes Review

On Tuesday, April 24, the U.S. Supreme Court handed down two highly anticipated decisions that significantly impact inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). The Supreme Court's…more

Administrative Proceedings, America Invents Act, Article III, Constitutional Challenges, Inter Partes Review (IPR) Proceeding

See all updates »

Be Prepared: Aggressive Antitrust Enforcement Is Back

This summer has seen a flurry of bold antitrust announcements from the Biden administration. By issuing a sweeping executive order calling for numerous changes to antitrust enforcement and by naming progressive favorites and…more

Acquisitions, Antitrust Division, Antitrust Provisions, Biden Administration, Big Tech

See all updates »

What Constitutes Control and How Much is Too Much? Considerations for Private Equity Firms and Their Physician Practice Management Companies under the Corporate Transparency Act

If you are a private equity (PE) firm that invests in physician practice management companies, it is a common question: What constitutes control, and how much is too much? This is a question that commonly has been asked under…more

Beneficial Owner, Corporate Transparency Act, FinCEN, GAAP, Healthcare

See all updates »

Hot SPAC Market Increases SEC Scrutiny and Litigation Risks

The market has seen a boom in the last two years for emerging companies going public through the use of special-purpose acquisition companies (SPACs). SPACs are attractive vehicles for allowing a private company to gain quicker…more

Disclosure, Emerging Growth Companies, Initial Public Offering (IPO), Insider Trading, Risk Factors

See all updates »

Pushing a Balloon Into or Against the Jet Stream? Key Takeaways from the J.P. Morgan Healthcare Conference

The 42nd annual J.P. Morgan Healthcare Conference started with clear skies and overall optimism from investors. But with Jamie Dimon’s prediction of a recession in 2024 on Tuesday morning, the climate shifted to an on-again,…more

Acquisitions, Asset Diversification, Chapter 11, Health Technology, Healthcare

See all updates »

HHS Finalizes Rule: “Safeguarding the Rights of Conscience as Protected By Federal Statutes”

On January 11, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published a Final Rule that seeks to provide clarity regarding OCR’s enforcement authority and processes relating to federal…more

Department of Health and Human Services (HHS), Final Rules, Healthcare, Healthcare Reform, Investigations

See all updates »

Pushing a Balloon Into or Against the Jet Stream? Key Takeaways from the J.P. Morgan Healthcare Conference

The 42nd annual J.P. Morgan Healthcare Conference started with clear skies and overall optimism from investors. But with Jamie Dimon’s prediction of a recession in 2024 on Tuesday morning, the climate shifted to an on-again,…more

Acquisitions, Asset Diversification, Chapter 11, Health Technology, Healthcare

See all updates »

Best Practices to Protect Your Business from Liability As You Adapt to COVID-19 Challenges

The COVID-19 pandemic has created significant challenges for many businesses. Some companies, particularly in the travel, hospitality, and leisure industries, have seen revenue drop precipitously. Other companies, particularly…more

Best Practices, CARES Act, Coronavirus/COVID-19, Disclosure, False Claims Act (FCA)

See all updates »

Scope and Impact of the FTC’s Non-Compete Rule for Employers

On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to…more

Antitrust Provisions, Employees, Employer Liability Issues, Employer Responsibilities, Employment Contract

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Gender-Affirming Care Remains a Hot Topic in 2024

Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that…more

Affirmative Defenses, Affordable Care Act, Bostock v Clayton County Georgia, Department of Health and Human Services (HHS), Discrimination

See all updates »

New Task Force to Target Healthcare Monopolies and Collusion

On May 9, the Department of Justice’s (DOJ) Antitrust Division announced the creation of a new task force, the Task Force on Health Care Monopolies and Collusion (HCMC), focusing on antitrust enforcement in the healthcare…more

Acquisitions, Antitrust Division, Antitrust Investigations, Billing, Collusion

See all updates »

The Deadline is Approaching Fast on New Data Privacy Laws

The list of U.S. state-level data privacy laws will grow substantially this summer as three more comprehensive state laws become effective. Texas, Oregon and Florida each have a comprehensive data privacy law taking effect on…more

Consumer Privacy Rights, Corporate Counsel, Data Privacy, Data Protection, Data Protection Acts

See all updates »

Key Takeaways from 2024 Asembia Specialty Pharmacy Summit

Asembia’s 20th Annual Specialty Pharmacy Summit once again brought investors and operators in the specialty pharmacy ecosystem to Las Vegas for learning sessions and networking. Bass, Berry & Sims brought a team of four…more

Acquisitions, Ambulatory Surgery Centers, Health Care Providers, Healthcare, Inflation Reduction Act (IRA)

See all updates »

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,…more

Appeals, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

See all updates »

Health Care Investors Conference: 2023 Recap

Funding Environment Toughest in 40 Years - The consensus of the four members of a panel on funding and financing healthcare is that the environment is tougher than they experienced in the wake of the 2008 financial crisis…more

Artificial Intelligence, Buyers, Digital Health, Financing, Funding

See all updates »

International Trade Enforcement Roundup – April 2024

You are reading the April 2024 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. April saw…more

Bureau of Industry and Security (BIS), Department of Justice (DOJ), Enforcement Actions, Export Controls, International Emergency Economic Powers Act (IEEPA)

See all updates »

Tennessee Court Extends Economic Loss Doctrine to Construction Claims

The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on a…more

Appeals, Breach of Contract, Construction Contracts, Construction Disputes, Construction Industry

See all updates »

U.S. Supreme Court Unanimously Holds Pure Omissions in Item 303 Disclosures Not Actionable under Private Securities Laws

The U.S. Supreme Court has unanimously ruled that pure silence in MD&A statements are not actionable in shareholder securities fraud cases.  The case is important for issuers and shareholders alike for several reasons: - Pure…more

Corporate Issuers, Disclosure, Disclosure Requirements, False Statements, Item 303

See all updates »

Update on SEC Climate Change Rules

In a never ending saga to the climate disclosure rules, on March 15, the Fifth Circuit temporarily stayed the recently adopted climate change disclosure rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

See all updates »

2024 Healthcare Private Equity Outlook & Trends

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that private…more

Acquisitions, Artificial Intelligence, Corporate Transparency Act, Department of Justice (DOJ), Diversity

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

CMS Proposes New Mandatory Value-Based Payment Initiative: The Transforming Episode Accountability Model

The Centers for Medicare & Medicaid Services (CMS) recently proposed the Transforming Episode Accountability Model (TEAM) – a new, mandatory, episode-based alternative payment model in the Fiscal Year 2025 Hospital Inpatient…more

Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions, Health Care Providers

See all updates »

Second Circuit Clarifies Anti-Kickback Statute’s Scienter Requirement

On March 12, the U.S. Court of Appeals for the Second Circuit issued an important decision that sheds light on the test for determining scienter under the federal Anti-Kickback Statute (AKS). The Second Circuit reasoned that the…more

Anti-Kickback Statute, Appeals, False Claims Act (FCA), Health Care Providers, Healthcare

See all updates »

TCPA Exemptions for Healthcare Companies

As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone…more

Auto-Dialed Calls, Cell Phones, Exemptions, Faxes, FCC

See all updates »

New California Rules Limit Prescription Auto-Refill Programs

Starting next summer, California licensed pharmacies offering automatic prescription refill programs will be subject to new constraints and limitations. California recently approved new Board of Pharmacy regulations, which go…more

California, Centers for Medicare & Medicaid Services (CMS), Payment Systems, Pharmaceutical Industry, Prescription Drugs

See all updates »

Martin’s Point Health Care Inc.’s $22.4M Settlement Illustrates DOJ’s Focus on Part C Fraud

Last week, the U.S. Department of Justice (DOJ) announced a $22.4 million settlement resolving allegations that Martin’s Point Health Care, Inc. (Martin’s Point) violated the False Claims Act (FCA) by submitting inaccurate…more

Department of Justice (DOJ), False Claims Act (FCA), Fraud, Healthcare, Managed Care Contracts

See all updates »

CMS Finalizes CY 2025 Medicare Advantage Rule, Confirming Continued Focus on Marketing Practices and Health Equity

On April 4, the Centers for Medicare & Medicaid Services (CMS) issued the Contract Year (CY) 2025 Medicare Advantage (MA) Final Rule (Final Rule), which will have significant implications for MA plans and other industry…more

Agents, Anti-Competitive, Beneficiaries, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Top 10 Physician Practice Management Transactional Structure and Operational Challenges

Physician practice management (PPM) platforms have been a staple for over a decade in their current form and are considered a mainstay of private equity’s investment in healthcare. PPMs have a number of unique transaction…more

Buyers, Comment Period, Employee Retention, Federal Trade Commission (FTC), Health Care Providers

See all updates »

2024 Healthcare Private Equity Outlook & Trends

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that private…more

Acquisitions, Artificial Intelligence, Corporate Transparency Act, Department of Justice (DOJ), Diversity

See all updates »

Main Street Lending Program 2.0 Expands Loan Options for Small and Mid-Sized Businesses, but Practical Accessibility of Program to Borrowers Remains Unclear

On April 9, the U.S. Treasury Department (Treasury) and Federal Reserve released initial details regarding the establishment of the Main Street Business Lending Program (Main Street Program) to provide up to $600 billion in new…more

Borrowers, Eligibility, Federal Reserve, Lenders, Main Street Lending Programs

See all updates »

Alaska Adopts New Out-of-State Pharmacy Requirements

On January 19, the Alaska Board of Pharmacy (Board) announced statutory and regulatory changes that significantly impact “Out-of-State” (non-resident) Pharmacy registration requirements, impose additional licensure requirements…more

Alaska, Applications, Jurisdiction, Licensing Rules, Non-Residents

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

OIG Approves Hospital’s Redemption Offer to Retiring Physician-Owners

On January 3, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion No. 23-12, approving a physician-owned hospital’s offer to redeem over a two-year period the ownership…more

Advisory Opinions, Ambulatory Surgery Centers, Anti-Kickback Statute, Healthcare Facilities, Hospitals

See all updates »

Employer's Guide for Returning to the Workplace

As the U.S. economy reopens in the coming weeks and months, employers are faced with the challenge of bringing employees back to work to a workplace that is drastically different from the one that existed just weeks ago. While…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Non-Discrimination Rules, OSHA

See all updates »

Key Considerations for Emerging Companies: Formation and Structure

Monetizing a business concept presents numerous considerations for ambitious entrepreneurs, but with careful forethought, founders can spend more time growing their business and less time worrying whether they made an incorrect…more

Business Entities, Business Formation, Corporate Structures, Early Stage Companies, Emerging Growth Companies

See all updates »

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,…more

Appeals, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

The COVID-19 Pandemic and Personal Planning

The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times, it’s…more

Coronavirus/COVID-19, Estate Planning, Executive Orders, Governor Lee, Grantor Retained Annuity Trusts (GRATs)

See all updates »

Healthcare Transactions Q2 2022

With some exceptions, healthcare M&A activity is down this year compared to the record-breaking highs of 2021. Those exceptions include the hospital sector, which is still seeing fewer but significantly larger (i.e., billion…more

Acquisitions, Ambulatory Surgery Centers, Dental Practice, Digital Health, Health Care Providers

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job Transfer

In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This decision…more

Adverse Employment Action, Civil Rights Act, Discrimination, Employee Transfers, Employees

See all updates »

Let the Plan Speak: First Gag Clause Attestation Due December 31, 2023

By December 31, 2023, group health plans and health insurance issuers must submit an attestation to certify compliance with the “gag clause prohibition” under the Consolidated Appropriations Act of 2021 (CAA)…more

Attestation Deadlines, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Stuck in the Middle of the Cap Stack: Intercreditor and Subordination Agreements in Mezzanine Financings

Below is an overview of the key terms and provisions in intercreditor/subordination agreements governing the relationship between a senior secured lender (the “Senior Lender”) and a mezzanine lender (the “Mezz Lender”)…more

Bankruptcy Code, Foreclosure, Guarantors, Intercreditor Agreements, Lenders

See all updates »

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,…more

Appeals, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

See all updates »

The COVID-19 Pandemic and Personal Planning

The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times, it’s…more

Coronavirus/COVID-19, Estate Planning, Executive Orders, Governor Lee, Grantor Retained Annuity Trusts (GRATs)

See all updates »

The Better Care Reconciliation Act: Similarities to House Health Care Bill, Preserves Parts of ACA

On June 22, 2017, Senate Republicans released a draft of the Better Care Reconciliation Act (BCRA), their much-anticipated version of the legislation to "repeal and replace" the Affordable Care Act (ACA). Despite rumors of a…more

Affordable Care Act, Continuous Coverage, Employer Mandates, Essential Health Benefits, Health Insurance

See all updates »

Impact of COVID-19 on the Restaurant & Hospitality Industry

The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations, as…more

Business Closures, Business Interruption, Business Licenses, Commercial Leases, Commercial Real Estate Contracts

See all updates »

What Constitutes Control and How Much is Too Much? Considerations for Private Equity Firms and Their Physician Practice Management Companies under the Corporate Transparency Act

If you are a private equity (PE) firm that invests in physician practice management companies, it is a common question: What constitutes control, and how much is too much? This is a question that commonly has been asked under…more

Beneficial Owner, Corporate Transparency Act, FinCEN, GAAP, Healthcare

See all updates »

CY 2023 Medicare Physician Fee Schedule: Big Strides for Behavioral Health

On November 2, 2022, the Centers for Medicare & Medicaid Services (CMS) filed its Medicare Physician Fee Schedule (PFS) final rule (Final Rule) for calendar year (CY) 2023. CMS finalized several noteworthy updates specific to…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, HCPCS, Medicare, Mental Health

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HSR Thresholds and Filing Fees Substantially Increased for 2023

The Hart-Scott-Rodino (HSR) Act requires parties to transactions that meet certain thresholds to notify the Department of Justice (DOJ) and Federal Trade Commission (FTC) and observe a waiting period prior to closing unless…more

Acquisitions, Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC)

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CMS Announces Change Healthcare/Optum Payment Disruption (CHOPD) Accelerated Payments to Part A Providers and Advance Payments to Part B Suppliers

Recognizing the ongoing impact of the cyberattack experienced by Change Healthcare/Optum on February 21, 2024, the Centers for Medicare & Medicaid Services (CMS) announced over the weekend that it will allow Part A providers to…more

Accelerated Payments, Advanced Payment Program, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare

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CMS and the OIG Issue Final Rules Modernizing and Clarifying the Federal Stark and Anti-Kickback Laws

In a coordinated effort, on November 27, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) published final rules to modernize regulations implementing the federal…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Final Rules, Health Care Providers

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HHS-OIG Year in Review 2023

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) is tasked with providing objective oversight to protect the integrity and promote the efficiency of Medicare, Medicaid, and more than 100…more

Advisory Opinions, Anti-Kickback Statute, Civil Monetary Penalty, Department of Health and Human Services (HHS), Enforcement Actions

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Key Considerations for Emerging Companies: Privacy

Data privacy laws can be daunting for emerging companies. The regulatory landscape is constantly evolving and news reports are filled with stories of lawsuits, fines and penalties for non-compliance. With a better…more

Data Collection, Data Management, Data Privacy, Data Security, Emerging Growth Companies

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Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job Transfer

In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This decision…more

Adverse Employment Action, Civil Rights Act, Discrimination, Employee Transfers, Employees

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A Survey of Recent SEC Comment Letters on Human Capital Disclosures

Late last year, the Securities and Exchange Commission (SEC) adopted amendments to modernize the description of business, legal proceedings, and risk factor disclosures that registrants are required to make according to…more

Corporate Social Responsibility, Disclosure, Disclosure Requirements, Employees, Human Capital

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SEC Adopts Amendments to Modernize Beneficial Ownership Reporting

On October 18, 2023, the Securities and Exchange Commission (SEC) adopted amendments to the rules governing beneficial ownership reporting to “require market participants to provide more timely information on their positions to…more

Beneficial Owner, Disclosure Requirements, Filing Deadlines, Financial Markets, Investors

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2024 Healthcare Private Equity Outlook & Trends

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that private…more

Acquisitions, Artificial Intelligence, Corporate Transparency Act, Department of Justice (DOJ), Diversity

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Key Takeaways from 2024 Asembia Specialty Pharmacy Summit

Asembia’s 20th Annual Specialty Pharmacy Summit once again brought investors and operators in the specialty pharmacy ecosystem to Las Vegas for learning sessions and networking. Bass, Berry & Sims brought a team of four…more

Acquisitions, Ambulatory Surgery Centers, Health Care Providers, Healthcare, Inflation Reduction Act (IRA)

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New York Officially Eliminates Ban on Surcharges

This week, New York Governor Kathy Hochul signed into law Assembly Bill No. 2672, which amends Section 518 of the New York General Business Law. The law previously prohibited merchants from imposing a surcharge on customers who…more

Consumer Financial Products, Credit Card Surcharges, Legislative Agendas, New Legislation, New York

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Gary Gensler Will Be New Securities and Exchange Commission Chair

Yesterday, the Senate, in a vote largely along party lines, approved the nomination of Gary Gensler to be the new chair of the Securities and Exchange Commission. Gensler, a former Goldman Sachs executive who also ran the…more

Climate Change, Digital Currency, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG)

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Scope and Impact of the FTC’s Non-Compete Rule for Employers

On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to…more

Antitrust Provisions, Employees, Employer Liability Issues, Employer Responsibilities, Employment Contract

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Is Your Compliance House In Order? Tips for Ensuring Private Equity and Portfolio Company Compliance in the Wake of the Recent Request for Information

The recent Request for Information by the Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) seeking input on the effects of private equity (PE) investment in the…more

Compliance, Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Trade Commission (FTC), Healthcare

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Stuck in the Middle of the Cap Stack: Intercreditor and Subordination Agreements in Mezzanine Financings

Below is an overview of the key terms and provisions in intercreditor/subordination agreements governing the relationship between a senior secured lender (the “Senior Lender”) and a mezzanine lender (the “Mezz Lender”)…more

Bankruptcy Code, Foreclosure, Guarantors, Intercreditor Agreements, Lenders

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Impact of COVID-19 on the Restaurant & Hospitality Industry

The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations, as…more

Business Closures, Business Interruption, Business Licenses, Commercial Leases, Commercial Real Estate Contracts

See all updates »

Don’t Roll the Dice on Health Data Compliance: Nevada’s Consumer Health Data Law Takes Effect on March 31, 2024

As of March 31, 2024, Nevada’s state consumer health data law, Senate Bill No. 370 (SB 370), enters the state-level consumer health data privacy fray. Similar to Washington’s My Health My Data Act (MHMDA), SB 370 focuses on…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Healthcare

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SEC Staff Comments on Director Serving as Corporate Secretary

The rules of the New York Stock Exchange (NYSE) and the Nasdaq Stock Market (Nasdaq) require that a majority of a listed company’s board of directors (board) must be comprised of “independent directors” and that vital board…more

Board of Directors, Corporate Officers, Directors, Nasdaq, NYSE

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12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Bleak House Redux: Another Federal Circuit Win in Protracted Protest Litigation

As we previously discussed in a 2019 blog post, since 2018 Bass, Berry & Sims Government Contracts and Litigation attorneys have successfully defended B&O JV in a host of challenges to an 8(a) small business set-aside award by…more

Appeals, Bid Protests, Business Litigation, CICA, COFC

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Tennessee Extends Business Tax Deadlines in Response to COVID-19

In response to ongoing COVID-19 developments, the Tennessee Department of Revenue (TDOR) has announced that it will extend the deadline for taxpayers to file business tax returns originally due on April 15, 2020 to June 15,…more

Coronavirus/COVID-19, Department of Revenue, Filing Deadlines, Income Taxes, Relief Measures

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Pushing a Balloon Into or Against the Jet Stream? Key Takeaways from the J.P. Morgan Healthcare Conference

The 42nd annual J.P. Morgan Healthcare Conference started with clear skies and overall optimism from investors. But with Jamie Dimon’s prediction of a recession in 2024 on Tuesday morning, the climate shifted to an on-again,…more

Acquisitions, Asset Diversification, Chapter 11, Health Technology, Healthcare

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

FTC Proposes Banning Non-Compete Provisions for Workers

On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing non-competes…more

Biden Administration, Comment Period, Competition, Employees, Employer Liability Issues

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Permissible Uses of Idle Funds under SBIC Program

In the wake of several high-profile bank failures over the past week and the turmoil surrounding the larger banking industry in general, it is important to review the permissible uses of idle funds (i.e., funds not actively…more

Banking Sector, FDIC, Investment, Leveraged Finance, SBIC

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Healthcare Trends & Transactions Q3 2023

After steadying during Q2, it appears the overall volume of deals in the healthcare industry declined in Q3 compared with Q2, and year-to-date 2023 is still down from last year. A slumping economy has no doubt played a large…more

Acquisitions, Ambulatory Surgery Centers, Digital Health, Health Care Providers, Health Information Technologies

See all updates »

Pushing a Balloon Into or Against the Jet Stream? Key Takeaways from the J.P. Morgan Healthcare Conference

The 42nd annual J.P. Morgan Healthcare Conference started with clear skies and overall optimism from investors. But with Jamie Dimon’s prediction of a recession in 2024 on Tuesday morning, the climate shifted to an on-again,…more

Acquisitions, Asset Diversification, Chapter 11, Health Technology, Healthcare

See all updates »

113th Tennessee General Assembly Reconvenes

The Tennessee General Assembly convened for the second session of the 113th General Assembly on Tuesday, January 9, 2024. Notably missing from the Senate was Lt. Gov. Randy McNally, who is recovering at home from a recent…more

Filing Deadlines, General Assembly, Legislative Agendas, Legislative Process, State Budgets

See all updates »

FAQs on the SEC’s Newly Adopted Amendments to Rule 10b5-1 Trading Plans and Related Disclosures

We previously blogged here about the proposed Securities and Exchange Commission (SEC) amendments to Rule 10b5-1 trading plans. As the amendments have now been unanimously adopted, below are some answers to frequently asked…more

10b5-1 Plans, Board of Directors, Corporate Counsel, Corporate Officers, Disclosure Requirements

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Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

See all updates »

SEC Stays Repurchase Disclosure Rules and the Fifth Circuit Denies SEC’s Motion for Additional Time to Cure Rule Defects

On November 22, the Securities and Exchange Commission (SEC) stayed the recently enacted Share Repurchase Disclosure Modernization Rule (Repurchase Disclosure Rule) pursuant to section 705 of the Administrative Procedure Act and…more

Administrative Procedure Act, Appeals, Disclosure Requirements, New Rules, Repurchases

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Exploring Exits & Family Business Dynamics: Key Takeaways from Smart Business Dealmakers Conference

On March 23, Bass, Berry & Sims once again sponsored and participated in the Smart Business Dealmakers conference in Nashville, Tennessee. The full-day conference included over 200 middle-market CEOs, top private equity and…more

Acquisitions, Business Succession, Buyers, ESOP, Family Businesses

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U.S. Supreme Court Unanimously Holds Pure Omissions in Item 303 Disclosures Not Actionable under Private Securities Laws

The U.S. Supreme Court has unanimously ruled that pure silence in MD&A statements are not actionable in shareholder securities fraud cases.  The case is important for issuers and shareholders alike for several reasons: - Pure…more

Corporate Issuers, Disclosure, Disclosure Requirements, False Statements, Item 303

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Chris Lazarini Reviews Whether Privity Exists Between Officers of the United States

Bass, Berry & Sims attorney Chris Lazarini reviewed a case questioning whether privity exists between officers of the United States if, in the earlier litigation, the representative of the government had authority to represent…more

Court of Federal Claims, Dismissals, Mortgage-Backed Securities, Officers of the United States, Privity of Contract

See all updates »

Impact of COVID-19 on the Restaurant & Hospitality Industry

The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations, as…more

Business Closures, Business Interruption, Business Licenses, Commercial Leases, Commercial Real Estate Contracts

See all updates »

Florida Medicaid Providers: New $15 Minimum Wage Requirements

Effective October 1, 2022, certain providers participating in the Florida Medicaid program will be required to pay direct care workers a minimum of $15 per hour. Below we’ve outlined which organizations are subject to this new…more

American Health Care Act (AHCA), Employees, Employer Liability Issues, Florida, Health Care Providers

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Kentucky Gallops into the Privacy Race: Kentucky’s New Consumer Data Privacy Law

On April 4, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection Act (KCDPA) into law, making Kentucky the sixteenth state to enact comprehensive data privacy legislation and the third state to do so in…more

Biometric Information, Consumer Privacy Rights, COPPA, Data Privacy, Enforcement

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A Practical Guide to Evaluating a Company’s Defensive Profile

As public companies continue to navigate the ongoing economic upheaval caused by the COVID-19 pandemic, opportunistic activist investors may find the resulting economic conditions conducive to accumulating significant ownership…more

Activist Investors, Board of Directors, Bylaws, Coronavirus/COVID-19, Dilution

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Alaska Adopts New Out-of-State Pharmacy Requirements

On January 19, the Alaska Board of Pharmacy (Board) announced statutory and regulatory changes that significantly impact “Out-of-State” (non-resident) Pharmacy registration requirements, impose additional licensure requirements…more

Alaska, Applications, Jurisdiction, Licensing Rules, Non-Residents

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Second Circuit Clarifies Anti-Kickback Statute’s Scienter Requirement

On March 12, the U.S. Court of Appeals for the Second Circuit issued an important decision that sheds light on the test for determining scienter under the federal Anti-Kickback Statute (AKS). The Second Circuit reasoned that the…more

Anti-Kickback Statute, Appeals, False Claims Act (FCA), Health Care Providers, Healthcare

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Healthcare Transactions Q1 2022

2022 started strong for healthcare transactions with some reports suggesting a record-breaking January. Although deal activity cooled in February and March, transaction pipelines still indicate that 2022 is on pace to match or…more

Acquisitions, Ambulatory Surgery Centers, Dental Practice, Digital Health, Health Information Technologies

See all updates »

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

See all updates »

Fifth Circuit Requires SEC to Revisit Share Repurchase Disclosure Rules

On October 31, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) issued an opinion finding that the U.S. Securities and Exchange Commission (SEC) violated the Administration Procedure Act when adopting recent…more

Administrative Procedure Act, Comment Period, Corporate Governance, Disclosure, Disclosure Requirements

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Controlled Substances Act and False Claims Act Collide

The United States recently intervened in a False Claims Act lawsuit accusing Rite Aid of defrauding federal healthcare programs by seeking reimbursement for opioids the pharmacy allegedly dispensed in violation of the Controlled…more

Controlled Substances Act, Enforcement Actions, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

See all updates »

Demise of LIBOR: Overview of Possible Basis Risk for Swapped Floating Rate Loans

Basis Risk of Floating Rate Loans - In connection with the likely cessation of LIBOR as a viable index at the end of 2021 or earlier, any borrower with floating rate loans based on LIBOR that has hedged, or plans to hedge,…more

Floating Interest Rates, Hedge Funds, Interest Rate Swaps, ISDA Master Agreement, Libor

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12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

International Trade Enforcement Roundup – April 2024

You are reading the April 2024 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. April saw…more

Bureau of Industry and Security (BIS), Department of Justice (DOJ), Enforcement Actions, Export Controls, International Emergency Economic Powers Act (IEEPA)

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Non-GAAP Comment Letters: SEC Areas of Focus

On December 13, 2022, the Securities and Exchange Commission (SEC) issued seven new or revised Compliance and Disclosure Interpretations (C&DIs) on topics regarding the use of non-GAAP financial measures in SEC filings…more

CD&I, Comment Period, EBITDA, Non-GAAP Financial Measures, Securities and Exchange Commission (SEC)

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AI a Target of California Regulation Drafting

While generative artificial intelligence (AI) apps – such as Chat-GPT, Google Gemini, and Stable Diffusion – are capturing the national spotlight, many businesses are using other forms of machine learning, algorithms, and other…more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA)

See all updates »

Healthcare Trends & Transactions Q3 2023

After steadying during Q2, it appears the overall volume of deals in the healthcare industry declined in Q3 compared with Q2, and year-to-date 2023 is still down from last year. A slumping economy has no doubt played a large…more

Acquisitions, Ambulatory Surgery Centers, Digital Health, Health Care Providers, Health Information Technologies

See all updates »

Private Equity Dealmakers Guidebook to Healthcare M&A During the Covid-19 Pandemic

The COVID-19 pandemic has stressed the M&A market at every stage of the deal-making process – from complicating on-site visits and intensifying the diligence process to introducing valuation gaps (relative to pre-COVID-19…more

Accelerated Payments, Buyers, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

See all updates »

Top 10 Physician Practice Management Transactional Structure and Operational Challenges

Physician practice management (PPM) platforms have been a staple for over a decade in their current form and are considered a mainstay of private equity’s investment in healthcare. PPMs have a number of unique transaction…more

Buyers, Comment Period, Employee Retention, Federal Trade Commission (FTC), Health Care Providers

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Is Your Compliance House In Order? Tips for Ensuring Private Equity and Portfolio Company Compliance in the Wake of the Recent Request for Information

The recent Request for Information by the Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) seeking input on the effects of private equity (PE) investment in the…more

Compliance, Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Trade Commission (FTC), Healthcare

See all updates »

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

See all updates »

DOJ Trumpets “First-Ever” Criminal Indictment for Failure to Report Product Safety Issues

On March 29, 2019, the U.S. Department of Justice (DOJ) announced it had initiated the first-ever criminal prosecution of individual business executives for alleged failure to timely disclose product safety issues to federal…more

Consumer Product Safety Act (CPSA), Corporate Counsel, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ)

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Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

See all updates »

Behavioral Health: Momentum Continues in the CY 2024 Medicare Physician Fee Schedule

On November 16, the Centers for Medicare & Medicaid Services (CMS) published its Medicare Physician Fee Schedule (PFS) final rule for calendar year 2024 (PFS Final Rule). According to the CMS press release, the PFS Final Rule…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Healthcare Facilities

See all updates »

DOJ Formalizes Previous Directives Regarding Limiting Use of Guidance Documents to Prove Violations of Law

In December 2018, the Department of Justice (DOJ) updated its Justice Manual to add Title 1-20.000 et seq., Limitation on Use of Guidance Documents in Litigation. This addition formalizes guidance provided in two previous…more

Advisory Opinions, Cole Memorandum, Department of Justice (DOJ), Enforcement Actions, Enforcement Guidance

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HHS-OIG Year in Review 2023

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) is tasked with providing objective oversight to protect the integrity and promote the efficiency of Medicare, Medicaid, and more than 100…more

Advisory Opinions, Anti-Kickback Statute, Civil Monetary Penalty, Department of Health and Human Services (HHS), Enforcement Actions

See all updates »

CMS & HHS Withdraw Appeal to Recent Copay Accumulator Federal District Court Decision: 2020 Accumulator Rule Still in Effect

On January 16, the Centers for Medicare & Medicaid Services (CMS) & the U.S. Department of Health and Human Services (HHS) withdrew an appeal to a recent copay accumulator court decision, HIV and Hepatitis Policy Institute et…more

Affordable Care Act, Appeals, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS)

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UPDATE: Planning for Open Enrollment? Note the ACA Affordability Threshold Drop

This post was updated on February 6, 2024, to reflect the 2024 Federal Poverty Level announced in January 2024. On August 23, 2023, the Internal Revenue Service issued Rev. Proc. 2023-29, announcing that the Affordable Care…more

Affordable Care Act, Benefit Plan Sponsors, Employee Benefits, Employees, Employer Contributions

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The End of an Era? FDA Finalizes LDT Rule But Grandfathers Many Existing LDTs

On May 6, 2024, the Food and Drug Administration (FDA) published its final rule for laboratory developed tests (LDTs). The final rule cemented the agency’s forecasted decision to increase the FDA’s regulatory oversight of LDTs…more

Clinical Laboratory Testing, Final Rules, Food and Drug Administration (FDA), Laboratory Developed Tests, Life Sciences

See all updates »

COVID-19: CARES Act Changes To Retirement Plans, Health Plans And other Employee Benefits

On March 27, the House voted overwhelmingly to approve H.R. 748—the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)—a $2.2 trillion package with a stated purpose of providing emergency assistance and healthcare…more

CARES Act, Coronavirus/COVID-19, Employer Group Health Plans, Federal Loans, Paycheck Protection Program (PPP)

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Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

See all updates »

Focus on Boardroom Diversity Intensifies

Over the last few weeks, we have seen a flurry of activity concerning diversity in the boardroom. The Nasdaq Stock Market LLC (Nasdaq) proposed to the Securities and Exchange Commission (SEC) a new diversity rule and proxy…more

Board of Directors, Diversity and Inclusion Standards (D&I), Glass Lewis, Institutional Shareholder Services (ISS), Nasdaq

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Department of Defense Issues Class Deviation Delaying Application of NIST SP 800-171, Revision 3

On May 2, the Department of Defense (DOD) issued a class deviation to DFARS 252.204-7012 “to provide industry time for a more deliberate transition upon the forthcoming release of [National Institute of Standards and Technology…more

Controlled Unclassified Information (CUI), Cybersecurity, Data Protection, Data Security, Defense Contracts

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Pushing a Balloon Into or Against the Jet Stream? Key Takeaways from the J.P. Morgan Healthcare Conference

The 42nd annual J.P. Morgan Healthcare Conference started with clear skies and overall optimism from investors. But with Jamie Dimon’s prediction of a recession in 2024 on Tuesday morning, the climate shifted to an on-again,…more

Acquisitions, Asset Diversification, Chapter 11, Health Technology, Healthcare

See all updates »

2024’s New Data Privacy Requirements

State-level privacy laws in the United States continue to develop at a dizzying pace and it is understandably difficult to keep track of what takes effect when. Below we’ve outlined the statutes and regulations taking effect in…more

Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy, Data Protection

See all updates »

The End of an Era? FDA Finalizes LDT Rule But Grandfathers Many Existing LDTs

On May 6, 2024, the Food and Drug Administration (FDA) published its final rule for laboratory developed tests (LDTs). The final rule cemented the agency’s forecasted decision to increase the FDA’s regulatory oversight of LDTs…more

Clinical Laboratory Testing, Final Rules, Food and Drug Administration (FDA), Laboratory Developed Tests, Life Sciences

See all updates »

Perspectives from the 2024 NSSGA Conference

Cautious optimism appeared to be the principal theme at the National Stone, Sand and Gravel Association annual conference held in Nashville in late March. Modest M&A Activity - Deal volume in 2023 slipped as higher…more

Acquisitions, Construction Industry, Infrastructure, Infrastructure Investment and Jobs Act (IIJA), Manufacturers

See all updates »

113th Tennessee General Assembly Reconvenes

The Tennessee General Assembly convened for the second session of the 113th General Assembly on Tuesday, January 9, 2024. Notably missing from the Senate was Lt. Gov. Randy McNally, who is recovering at home from a recent…more

Filing Deadlines, General Assembly, Legislative Agendas, Legislative Process, State Budgets

See all updates »

CMS Proposes New Mandatory Value-Based Payment Initiative: The Transforming Episode Accountability Model

The Centers for Medicare & Medicaid Services (CMS) recently proposed the Transforming Episode Accountability Model (TEAM) – a new, mandatory, episode-based alternative payment model in the Fiscal Year 2025 Hospital Inpatient…more

Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions, Health Care Providers

See all updates »

HSDA Issues Draft Rules to Accompany Public Chapter 557

On June 30, in response to Public Chapter No. 557 (new law), which makes significant changes to Tennessee’s certificate of need (CON) program, the Health Services and Development Agency (HSDA) issued draft emergency rules and…more

Certificate of Need, Comment Period, Healthcare, New Legislation, Proposed Rules

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DOL Announces Final Overtime Rule Increasing Salary Threshold

The U.S. Department of Labor (DOL) announced a Final Rule increasing the salary threshold for Fair Labor Standards Act (FLSA) overtime exemptions, a move which the DOL anticipates will result in around four million additional…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Client Experience: The Link Between Legal Counsel and Business Advisor

Jill Huse and Kerry Price with a perspective on why the client experience focus matters especially now, and how to achieve it in your firm…more

Business Development, Client Services, Firm Leadership, LMAMKT, Marketing Perspectives

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Healthcare Trends & Transactions Q3 2023

After steadying during Q2, it appears the overall volume of deals in the healthcare industry declined in Q3 compared with Q2, and year-to-date 2023 is still down from last year. A slumping economy has no doubt played a large…more

Acquisitions, Ambulatory Surgery Centers, Digital Health, Health Care Providers, Health Information Technologies

See all updates »

Changes to Section 162(m) Affecting Deferred Compensation Arrangements

Public companies maintaining deferred compensation arrangements for their executive officers should consider how recent changes to the regulations under Section 162(m) of the Internal Revenue Code (the Code) may impact the…more

Compensation & Benefits, Covered Employees, Deferred Compensation, Executive Compensation, Grandfathering Rules

See all updates »

Healthcare Trends & Transactions Q3 2023

After steadying during Q2, it appears the overall volume of deals in the healthcare industry declined in Q3 compared with Q2, and year-to-date 2023 is still down from last year. A slumping economy has no doubt played a large…more

Acquisitions, Ambulatory Surgery Centers, Digital Health, Health Care Providers, Health Information Technologies

See all updates »

Hüskers Dü Privacy

On April 17, Nebraska Governor Jim Pillen signed into law the Nebraska Data Privacy Act (the Act), making Nebraska the seventeenth state to enact general consumer data privacy legislation. The Act largely, but not completely,…more

Data Privacy, Fair Credit Reporting Act (FCRA), FERPA, Gramm-Leach-Blilely Act, Opt-Outs

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Healthcare Fraud & Abuse Review 2020

Ensuring compliance with the False Claims Act has never been more important for healthcare providers. By March 2020, we saw healthcare professionals standing at the forefront of one of the greatest health crises in a generation,…more

Annual Reports, Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Criminal Investigations

See all updates »

OCR Updates Guidance Regarding Compliance with HIPAA in Use of Online Tracking Technologies: Questions Remain

On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability Act…more

Disclosure Requirements, Guidance Update, Health Insurance Portability and Accountability Act (HIPAA), OCR, PHI

See all updates »

False Claims Act Settlements to Know from Q1 2024

Despite the recent downward trend in DOJ healthcare industry settlements, the first quarter of 2024 saw many noteworthy False Claims Act (FCA) and civil healthcare fraud settlements related to alleged kickbacks, medically…more

Anti-Kickback Statute, Controlled Substances Act, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers

See all updates »

HHS-OIG Year in Review - 2022

The Office of Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS) continues to offer valuable insights to the healthcare industry as to how best to approach increasingly complex healthcare fraud…more

Advisory Opinions, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Fraud and Abuse, Health Care Providers

See all updates »

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

See all updates »

The United States Intervenes in its First False Claims Act Cybersecurity Case

The United States notified the U.S. District Court for the Northern District of Georgia that it plans to intervene in a False Claims Act case filed against Georgia Tech Research Corporation (Georgia Tech) by its Associate…more

Compliance, Controlled Unclassified Information (CUI), Cybersecurity, Data Security, Department of Defense (DOD)

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Lawsuits Filed Against Higher Education Institutions Related to COVID-19

Since the last week in March, at least six putative class action suits seeking refunds of fees paid by students for room and board, parking, extra-curricular activities, and in some cases, tuition, due to the students’…more

Class Action, Coronavirus/COVID-19, Higher Education Act

See all updates »

CMS Finalizes CY 2025 Medicare Advantage Rule, Confirming Continued Focus on Marketing Practices and Health Equity

On April 4, the Centers for Medicare & Medicaid Services (CMS) issued the Contract Year (CY) 2025 Medicare Advantage (MA) Final Rule (Final Rule), which will have significant implications for MA plans and other industry…more

Agents, Anti-Competitive, Beneficiaries, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

SEC Voluntarily Pauses Implementation of Climate Disclosure Rules Amid Legal Challenges

Today, the Securities Exchange Commission (SEC) voluntarily stayed its recently issued Climate Disclosure Rules.   The SEC hopes the voluntary stay will facilitate the resolution of the current Eighth Circuit challenge..…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Proposed Rules

See all updates »

Tenth Circuit Rules ERISA Preempts Oklahoma PBM-Reform Law - Update

Breaking news: On September 19, 2023, the Oklahoma Attorney General filed a Petition for En Banc Rehearing, challenging the Tenth Circuit panel’s decision in this case and requesting a rehearing before the full Tenth Circuit…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employees, Employer Liability Issues

See all updates »

Private Equity Dealmakers Guidebook to Healthcare M&A During the Covid-19 Pandemic

The COVID-19 pandemic has stressed the M&A market at every stage of the deal-making process – from complicating on-site visits and intensifying the diligence process to introducing valuation gaps (relative to pre-COVID-19…more

Accelerated Payments, Buyers, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

See all updates »

The End of an Era? FDA Finalizes LDT Rule But Grandfathers Many Existing LDTs

On May 6, 2024, the Food and Drug Administration (FDA) published its final rule for laboratory developed tests (LDTs). The final rule cemented the agency’s forecasted decision to increase the FDA’s regulatory oversight of LDTs…more

Clinical Laboratory Testing, Final Rules, Food and Drug Administration (FDA), Laboratory Developed Tests, Life Sciences

See all updates »

The Federal Corporate Transparency Act Through the Lens of Private Equity: Unique Challenges Await

With a stated goal of enhancing transparency of business ownership, the federal Corporate Transparency Act (CTA) mandates various types of businesses – such as corporations, limited liability companies, and limited partnerships…more

Beneficial Owner, Business Ownership, CFIUS, Corporate Governance, Corporate Transparency Act

See all updates »

The COVID-19 Pandemic and Personal Planning

The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times, it’s…more

Coronavirus/COVID-19, Estate Planning, Executive Orders, Governor Lee, Grantor Retained Annuity Trusts (GRATs)

See all updates »

Impact of COVID-19 on the Restaurant & Hospitality Industry

The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations, as…more

Business Closures, Business Interruption, Business Licenses, Commercial Leases, Commercial Real Estate Contracts

See all updates »

New Task Force to Target Healthcare Monopolies and Collusion

On May 9, the Department of Justice’s (DOJ) Antitrust Division announced the creation of a new task force, the Task Force on Health Care Monopolies and Collusion (HCMC), focusing on antitrust enforcement in the healthcare…more

Acquisitions, Antitrust Division, Antitrust Investigations, Billing, Collusion

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

113th Tennessee General Assembly Reconvenes

The Tennessee General Assembly convened for the second session of the 113th General Assembly on Tuesday, January 9, 2024. Notably missing from the Senate was Lt. Gov. Randy McNally, who is recovering at home from a recent…more

Filing Deadlines, General Assembly, Legislative Agendas, Legislative Process, State Budgets

See all updates »

Don’t Roll the Dice on Health Data Compliance: Nevada’s Consumer Health Data Law Takes Effect on March 31, 2024

As of March 31, 2024, Nevada’s state consumer health data law, Senate Bill No. 370 (SB 370), enters the state-level consumer health data privacy fray. Similar to Washington’s My Health My Data Act (MHMDA), SB 370 focuses on…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Healthcare

See all updates »

The COVID-19 Pandemic and Personal Planning

The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times, it’s…more

Coronavirus/COVID-19, Estate Planning, Executive Orders, Governor Lee, Grantor Retained Annuity Trusts (GRATs)

See all updates »

Nonrecourse Loan Pitfalls During the COVID-19 Pandemic

Real estate borrowers often prefer nonrecourse loans, which can eliminate or reduce the risk of having to satisfy a deficiency judgment if a project goes bad. However, most nonrecourse loans have carve-outs or exceptions to the…more

Borrowers, Carve Out Provisions, Coronavirus/COVID-19, Deficiency Judgments, Lenders

See all updates »

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

See all updates »

SEC Settlement against Auditing Firm Serves as Reminder of Important Independence Rules

On February 29, the Securities and Exchange Commission (the SEC) announced that it settled an administrative proceeding against Lordstown Motors Corps’ former auditor, Clark Schaefer Hackett and Co. (CSH)—the same day that the…more

Auditors, Audits, Best Practices, Broker-Dealer, Independence Rules

See all updates »

HHS Releases Cybersecurity Performance Goals for Healthcare Organizations

In response to the number of successful, large-scale ransomware attacks affecting healthcare organizations nearly tripling since 2018, the Department of Health and Human Services (HHS) has released guidance outlining its…more

Cybersecurity, Data Protection, Data Security, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

First Circuit Decision Could Disrupt Business Ownership in Cannabis Industry

The First Circuit Court of Appeals recently released a published opinion that held that the Dormant Commerce Clause of the United States Constitution applies to cannabis laws and regulatory regimes. The cases are Northeast…more

Appeals, Business Ownership, Cannabis-Related Businesses (CRBs), Dormant Commerce Clause, Marijuana Related Businesses

See all updates »

CMS Audits: Part 1 The ABCs of Medicare and Medicaid Claims Audits: Understanding the Audit Contractors

Because Medicare and Medicaid claims audit requests can look like routine billing-related correspondence, they can be easy to miss, leading to expensive and potentially catastrophic consequences. Providers, therefore, should be…more

Audits, Billing, Centers for Medicare & Medicaid Services (CMS), Federal Contractors, Fraud and Abuse

See all updates »

HHS Finalizes Rule: “Safeguarding the Rights of Conscience as Protected By Federal Statutes”

On January 11, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published a Final Rule that seeks to provide clarity regarding OCR’s enforcement authority and processes relating to federal…more

Department of Health and Human Services (HHS), Final Rules, Healthcare, Healthcare Reform, Investigations

See all updates »

How Commercial Landlords Can Protect Their Rights and Interests During COVID-19

As businesses try to navigate the challenges resulting from COVID-19, many commercial tenants are attempting to re-negotiate lease terms as a part of an effort to cut costs. Sometimes forced to choose between meeting payroll…more

CARES Act, Commercial Leases, Commercial Tenants, Force Majeure Clause, Landlords

See all updates »

CMS Finalizes CY 2025 Medicare Advantage Rule, Confirming Continued Focus on Marketing Practices and Health Equity

On April 4, the Centers for Medicare & Medicaid Services (CMS) issued the Contract Year (CY) 2025 Medicare Advantage (MA) Final Rule (Final Rule), which will have significant implications for MA plans and other industry…more

Agents, Anti-Competitive, Beneficiaries, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Final Rule Helps Align Part 2 with HIPAA

On February 8, 2024, the U.S. Department of Health & Human Services, through the Substance Abuse and Mental Health Services Administration and the Office for Civil Rights (collectively, HHS), issued a Final Rule that amends the…more

Confidential Information, Consent, Effective Date, Final Rules, Health Care Providers

See all updates »

CARES Act: Paycheck Protection Program (PPP) for Restaurant and Hospitality Businesses

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), adopted and signed into law by President Trump on March 27, 2020, in response to COVID-19, is a $2 trillion economic stimulus package that includes a wide range…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

The Deadline is Approaching Fast on New Data Privacy Laws

The list of U.S. state-level data privacy laws will grow substantially this summer as three more comprehensive state laws become effective. Texas, Oregon and Florida each have a comprehensive data privacy law taking effect on…more

Consumer Privacy Rights, Corporate Counsel, Data Privacy, Data Protection, Data Protection Acts

See all updates »

Colorado Eliminates Ban on Surcharges

Colorado recently became the latest state to eliminate a statutory ban prohibiting merchants from imposing a surcharge on customers who elect to pay for a transaction via credit or charge card. The Credit Transaction Charge…more

Colorado, Credit Card Surcharges, Credit Cards, Creditors, Criminal Prosecution

See all updates »

Pushing a Balloon Into or Against the Jet Stream? Key Takeaways from the J.P. Morgan Healthcare Conference

The 42nd annual J.P. Morgan Healthcare Conference started with clear skies and overall optimism from investors. But with Jamie Dimon’s prediction of a recession in 2024 on Tuesday morning, the climate shifted to an on-again,…more

Acquisitions, Asset Diversification, Chapter 11, Health Technology, Healthcare

See all updates »

CPRA Draft Regulations – Round One

The California Privacy Protection Agency (CPPA or Agency) published 66 pages of proposed draft regulations (Draft Regulations) that govern the California Privacy Rights Act (CPRA) as a special treat on Friday, May 27 for some…more

California, California Privacy Rights Act (CPRA), Compliance, Contractors, Data Protection

See all updates »

Gender-Affirming Care Remains a Hot Topic in 2024

Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that…more

Affirmative Defenses, Affordable Care Act, Bostock v Clayton County Georgia, Department of Health and Human Services (HHS), Discrimination

See all updates »

OCR Updates Guidance Regarding Compliance with HIPAA in Use of Online Tracking Technologies: Questions Remain

On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability Act…more

Disclosure Requirements, Guidance Update, Health Insurance Portability and Accountability Act (HIPAA), OCR, PHI

See all updates »

SEC Reduces Registration Filing Fee Effective October 1, 2021

On August 23, the Securities and Exchange Commission (SEC) announced that effective October 1, 2021, the fees that public companies and other issuers pay to register their securities with the SEC will be set at $92.70 per…more

Filing Deadlines, Filing Fees, Publicly-Traded Companies, Registration, Securities and Exchange Commission (SEC)

See all updates »

HHS Distributes Nearly $4.9 Billion of CARES Act Provider Relief Fund to Skilled Nursing Facilities

On Friday, May 22, the U.S. Department of Health and Human Services (HHS) issued a press release announcing that it has begun distributing nearly $4.9 billion to skilled nursing facilities (SNFs) to “support nursing homes…more

CARES Act, Department of Health and Human Services (HHS), Health Care Providers, Nursing Homes, Paycheck Protection Program and Health Care Enhancement Act

See all updates »

OCR Updates Guidance Regarding Compliance with HIPAA in Use of Online Tracking Technologies: Questions Remain

On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability Act…more

Disclosure Requirements, Guidance Update, Health Insurance Portability and Accountability Act (HIPAA), OCR, PHI

See all updates »

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Healthcare Transactions Q2 2021

Following a record-breaking first quarter, merger and acquisition (M&A) activity within the healthcare industry kept pace during the second quarter of 2021, showing no signs of slowing. Although the volume of deal activity…more

Acquisitions, Ambulatory Surgery Centers, Buyers, Coronavirus/COVID-19, Digital Health

See all updates »

Key Takeaways from 2024 Asembia Specialty Pharmacy Summit

Asembia’s 20th Annual Specialty Pharmacy Summit once again brought investors and operators in the specialty pharmacy ecosystem to Las Vegas for learning sessions and networking. Bass, Berry & Sims brought a team of four…more

Acquisitions, Ambulatory Surgery Centers, Health Care Providers, Healthcare, Inflation Reduction Act (IRA)

See all updates »

CMS Proposes New Mandatory Value-Based Payment Initiative: The Transforming Episode Accountability Model

The Centers for Medicare & Medicaid Services (CMS) recently proposed the Transforming Episode Accountability Model (TEAM) – a new, mandatory, episode-based alternative payment model in the Fiscal Year 2025 Hospital Inpatient…more

Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions, Health Care Providers

See all updates »

SEC Proposes New Cybersecurity Disclosure Requirements

On March 9, the Securities and Exchange Commission (SEC) proposed rules and amendments to enhance and standardize public companies’ disclosures regarding cybersecurity risk management, strategy, governance, and incident…more

Comment Period, Cybersecurity, Disclosure Requirements, Filing Deadlines, Filing Requirements

See all updates »

The Deadline is Approaching Fast on New Data Privacy Laws

The list of U.S. state-level data privacy laws will grow substantially this summer as three more comprehensive state laws become effective. Texas, Oregon and Florida each have a comprehensive data privacy law taking effect on…more

Consumer Privacy Rights, Corporate Counsel, Data Privacy, Data Protection, Data Protection Acts

See all updates »

SEC Settlement against Auditing Firm Serves as Reminder of Important Independence Rules

On February 29, the Securities and Exchange Commission (the SEC) announced that it settled an administrative proceeding against Lordstown Motors Corps’ former auditor, Clark Schaefer Hackett and Co. (CSH)—the same day that the…more

Auditors, Audits, Best Practices, Broker-Dealer, Independence Rules

See all updates »

Be Prepared: Aggressive Antitrust Enforcement Is Back

This summer has seen a flurry of bold antitrust announcements from the Biden administration. By issuing a sweeping executive order calling for numerous changes to antitrust enforcement and by naming progressive favorites and…more

Acquisitions, Antitrust Division, Antitrust Provisions, Biden Administration, Big Tech

See all updates »

NLRB Issues New Rule Broadening Joint-Employer Status

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on…more

Browning-Ferris Industries of California Inc., Employees, Employer Liability Issues, Federal Labor Laws, Final Rules

See all updates »

Impact of COVID-19 on the Restaurant & Hospitality Industry

The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations, as…more

Business Closures, Business Interruption, Business Licenses, Commercial Leases, Commercial Real Estate Contracts

See all updates »

New Task Force to Target Healthcare Monopolies and Collusion

On May 9, the Department of Justice’s (DOJ) Antitrust Division announced the creation of a new task force, the Task Force on Health Care Monopolies and Collusion (HCMC), focusing on antitrust enforcement in the healthcare…more

Acquisitions, Antitrust Division, Antitrust Investigations, Billing, Collusion

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
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  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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