Author Info for Bass, Berry & Sims PLC

William Abramson

Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?

As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all…more

Deadlines, Employees, Employer Liability Issues, Employment Contract, Federal Bans

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Allison Wiseman Acker

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

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Shayan Ahmed

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

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Elaina Al-Nimri

FCC Extends Deadline for TCPA Consent Revocation Rule Compliance by One Year

On April 7, the Federal Communications Commission (FCC) issued an Order (Extension Order) granting a limited waiver that delays the effective date of certain portions of Section 64.1200(a)(10) of the FCC’s rules by one year –…more

Banking Sector, Compliance Dates, Consent, FCC, Financial Institutions

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Idena Allen

Illinois Board of Pharmacy Adopts New Licensure Requirement for Out-of-State Pharmacists-in-Charge

Beginning January 1, 2026, the Illinois Board of Pharmacy will require “out-of-state” (non-resident) pharmacies licensed or seeking licensure in Illinois to have a pharmacist-in-charge (PIC) who is licensed in Illinois…more

Healthcare, Illinois, Licensing Rules, New Regulations, Pharmacies

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Audrey Anderson

New Title IX Regulations Halted in Additional States and at Hundreds of Institutions as Department of Education Continues to Challenge Preliminary Injunctions

With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The…more

Bostock v Clayton County Georgia, Colleges, Department of Education, Discrimination, Educational Institutions

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Theresa Androff

DOJ Brings Nationwide False Claims Act Lawsuit Against CVS for Alleged Violations of Controlled Substances Act

On December 13, the U.S. Department of Justice (DOJ) intervened in a False Claims Act (FCA) lawsuit alleging that CVS Pharmacy Inc. and its subsidiaries improperly sought federal reimbursement for prescriptions filled in…more

Controlled Substances Act, CVS, DEA, Department of Justice (DOJ), Enforcement

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Richard Arnholt

District Court Blocks Department of Labor Enforcement of Contractor DEI Certification Requirement

On April 14, U.S. District Judge Matthew F. Kennelly ruled, in relevant part, that the U.S. Department of Labor (DOL) cannot require federal grant recipients to certify that their diversity, equity and inclusion (DEI) programs…more

Constitutional Challenges, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Taylor Ashley

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

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Ryan Baker

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

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Denise Barnes

Key Takeaways from DOJ’s Continued Cybersecurity Enforcement

On March 25, the U.S. Department of Justice (DOJ) announced a $4.6 million settlement with MORSECORP, Inc. (MORSE) over its alleged failures to satisfy cybersecurity requirements for federal defense contractors…more

Corporate Counsel, Cybersecurity, Department of Defense (DOD), Department of Justice (DOJ), Disclosure Requirements

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Curtis Beem

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

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Scott Bell

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

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Angela Bergman

Supreme Court Clarifies “Claim” Definition Under False Claims Act

In Wisconsin Bell, Inc. v. United States ex rel. Heath, the Supreme Court clarified the definition of “claim” under the FCA. The case resolves a split between the Fifth and Seventh Circuits on whether a request for reimbursement…more

Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), FCC, Fraud

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Shelby Bess

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

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Susan Bilbro

IRS Guidance Regarding ACA Employer Information Reporting Requirements

As announced in our previous HR Law Talk blog post, the Paperwork Burden Reduction Act (PBRA) made important changes to employers’ responsibilities to furnish information to employees under the Affordable Care Act (ACA). As part…more

Affordable Care Act, Employee Benefits, Employee Rights, Employer Liability Issues, Employer Responsibilities

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Courtney Black

Manufacturing & Industrial: Outlooks & Trends

As the manufacturing and industrial sectors continue to embrace digital transformation and navigate complex global markets, the year ahead presents both new opportunities and challenges. From evolving data privacy and AI…more

Acquisitions, Data Security, Employee Benefits, Environmental Policies, Foreign Corrupt Practices Act (FCPA)

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Noah Black

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

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Lillian Blackshear

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

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Kristin Bohl

HHS-OIG Year in Review 2024

In 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) provided useful insights to the healthcare industry regarding how it approaches various fraud and abuse issues in an increasingly…more

Anti-Kickback Statute, Billing, Compliance, False Claims Act (FCA), Fraud and Abuse

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Michael Brady

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

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Robert Brewer

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

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Adam Briscoe

Bid Protest Minute: GAO Decision Clarifies SAM Registration Rule

On January 8, the Government Accountability Office (GAO) sustained a pre-award bid protest filed by Bass, Berry & Sims PLC (Bass Berry), which challenged the Federal Law Enforcement Training Centers’ (FLETC or the Agency)…more

Bid Protests, Bid Solicitation, Compliance, Federal Acquisition Regulations (FAR), Federal Contractors

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Justin Brown

HHS-OIG Year in Review 2024

In 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) provided useful insights to the healthcare industry regarding how it approaches various fraud and abuse issues in an increasingly…more

Anti-Kickback Statute, Billing, Compliance, False Claims Act (FCA), Fraud and Abuse

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Nathan Brown

Hospital Faces Serious Patient Lawsuits Stemming from Drug Diversion

At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit seeks…more

Class Action, Controlled Substances, Health Care Providers, Hospitals, Medical Malpractice

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Whitney Burnley

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

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Emily Burrows

Healthcare Private Equity Outlook & Trends - January 2025

As some packed the skis and headed to their favorite slopes this winter season, it is hard not to see the analogies to the healthcare private equity (PE) transaction market as we ring in the New Year. Much like the Northern…more

Acquisitions, Financial Services Industry, Healthcare, Investment, Investment Funds

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Bryan Bylica

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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Laura Carrier

California, Massachusetts and Texas Introduce Legislation Targeting Private Equity Investments and Corporate Structures in Health Care

Since our last update, new bills have been introduced that, if passed, would materially impact transactions across the health care industry or otherwise affect the corporate structure of or reporting by health care entities…more

California, Compliance, Corporate Governance, Healthcare, Legislative Agendas

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Jansen Carver

Connecticut and Maine Propose New Restrictions on Private Equity and REITs in Health Care Transactions

Since our recent updates, additional bills have been introduced that, if passed, will impact transactions across the healthcare industry. This alert contains an overview of legislation recently introduced in Connecticut and…more

Acquisitions, False Claims Act (FCA), Health Care Providers, Healthcare, Hospitals

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Stefanie Chamberlain

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

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Claire Chen

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

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J. Taylor Chenery

False Claims Act Settlements to Know from Q3 2024

The third quarter of this year brought numerous high-dollar False Claims Act (FCA) settlements involving a variety of industries and alleged conduct. Below are noteworthy resolutions that reflect recent enforcement trends…more

Anti-Kickback Statute, Enforcement Actions, False Claims Act (FCA), Federal Funding, Fraud and Abuse

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Hannah Choate

[Event] Inaugural D.C. Compliance & Government Investigations Seminar - April 8th, Washington, DC

We are pleased to invite you to the inaugural D.C. Compliance & Government Investigations Seminar, hosted by Bass, Berry & Sims in collaboration with Watermark Strategies. This complimentary seminar will build upon the success…more

Best Practices, C-Suite Executives, Chief Compliance Officers, Chief Privacy Officer, Compliance

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Terry Clark

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

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E. Steele Clayton, IV

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

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Christopher Climo

FinCEN Interim Final Rule Signals End of Domestic Entities’ CTA Reporting Obligations

After almost 18 months of uncertainty and confusion with respect to the implementation and enforcement of the Corporate Transparency Act (CTA), on Friday, March 21, the U.S. Department of Treasury’s Financial Crimes Enforcement…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Enforcement Actions, Exemptions

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Shayne Clinton

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

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Meredith Edwards Collins

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

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Krista Cooper

Connecticut and Maine Propose New Restrictions on Private Equity and REITs in Health Care Transactions

Since our recent updates, additional bills have been introduced that, if passed, will impact transactions across the healthcare industry. This alert contains an overview of legislation recently introduced in Connecticut and…more

Acquisitions, False Claims Act (FCA), Health Care Providers, Healthcare, Hospitals

See all updates »

David Cox

Healthcare Private Equity Outlook & Trends - January 2025

As some packed the skis and headed to their favorite slopes this winter season, it is hard not to see the analogies to the healthcare private equity (PE) transaction market as we ring in the New Year. Much like the Northern…more

Acquisitions, Financial Services Industry, Healthcare, Investment, Investment Funds

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Joseph Crace Jr.

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)

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Lymari Martinez Cromwell

Manufacturing & Industrial: Outlooks & Trends

As the manufacturing and industrial sectors continue to embrace digital transformation and navigate complex global markets, the year ahead presents both new opportunities and challenges. From evolving data privacy and AI…more

Acquisitions, Data Security, Employee Benefits, Environmental Policies, Foreign Corrupt Practices Act (FCPA)

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Matthew Curley

False Claims Act Enforcement in Healthcare: Insights from the 13th Annual Fraud & Abuse Review

The False Claims Act (FCA) remains one of the government’s most powerful tools in combating healthcare fraud, with a growing focus on opioid-related cases and violations of the Anti-Kickback Statute…more

Anti-Kickback Statute, Controlled Substances, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Douglas Dahl II

Updated Voluntary Fiduciary Correction Program for ERISA Plans Includes Self-Correction Features

As announced in our previous HR Law Talk blog post, on January 15, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published a much anticipated amended and restated version of the Voluntary…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), EPCRS, Fiduciary Duty

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Katie Darden

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

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Michael Dashefsky

Washington Enacts “Mini-HSR” Law, Expanding State-Level Premerger Filing Requirements

On April 4, Washington became the first state to adopt the Uniform Premerger Notification Act (Act) when Washington Governor Jay Inslee signed the bill into law. The new statute imposes state-level premerger filing obligations…more

Acquisitions, Antitrust Provisions, Department of Justice (DOJ), Enforcement, Federal Trade Commission (FTC)

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Alexandria Wood Davenport

FCC Extends Deadline for TCPA Consent Revocation Rule Compliance by One Year

On April 7, the Federal Communications Commission (FCC) issued an Order (Extension Order) granting a limited waiver that delays the effective date of certain portions of Section 64.1200(a)(10) of the FCC’s rules by one year –…more

Banking Sector, Compliance Dates, Consent, FCC, Financial Institutions

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Jeffrey Davis

340B Drug Rebate Models: Status and Litigation Update

Four drug manufacturers have announced plans to offer discounted drug prices to safety net providers under the federal 340B program via rebates instead of upfront discounts, despite the federal government’s position that…more

Commercial Litigation, Drug Pricing, HRSA, Inflation Reduction Act (IRA), Legislative Agendas

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John Dawson IV

Manufacturing & Industrial: Outlooks & Trends

As the manufacturing and industrial sectors continue to embrace digital transformation and navigate complex global markets, the year ahead presents both new opportunities and challenges. From evolving data privacy and AI…more

Acquisitions, Data Security, Employee Benefits, Environmental Policies, Foreign Corrupt Practices Act (FCPA)

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Katie Day

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

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Gabrielle Degelia

Seoul Medical Group and Renaissance Imaging Medical Associates Settle Medicare Risk Adjustment Fraud Case for $62 Million

The Department of Justice announced this week that California-based primary care provider Seoul Medical Group, Inc. (SMG), SMG’s former president and majority owner, and California-based radiology group Renaissance Imaging…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers

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Faith Dibble

America First Investment Policy Sets Sights on China

On February 21, the Trump Administration released the America First Investment Policy (the memo or memorandum). The wide-ranging memo formally targets investment from the People’s Republic of China, including Hong Kong and Macau…more

CFIUS, China, Critical Infrastructure Sectors, Executive Orders, Foreign Investment

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Brian Dobbs

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

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Margaret Dodson

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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Kevin Douglas

The Time is Here: Public Companies Should be Mindful of the Upcoming Insider Trading Policy Form 10-K Exhibit Filing Requirement

In connection with the upcoming Form 10-K/proxy season, public companies with a fiscal year ending on December 31 will be required, for the first time, to publicly file their insider trading policies as exhibits to their Annual…more

Annual Reports, Disclosure Requirements, Filing Requirements, Form 10-K, Insider Trading

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Delaney Durst

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

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John Eason

DOJ Releases Annual Civil Fraud Recovery Statistics and Results… Our Look Behind the Numbers

On January 15, the Department of Justice (DOJ) released its annual report on civil fraud recoveries for FY2024 along with a press release highlighting DOJ’s civil enforcement efforts…more

Anti-Kickback Statute, Controlled Substances Act, Cybersecurity, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Richard Eiler

Wall Street and Industry React Favorably to CMS Medicare Advantage Rate Increase & Final Part C and D Rule for 2026

Two recent announcements from the Centers for Medicare & Medicaid Services (CMS) offer early indicators as to how the Trump administration, including CMS administrator Dr. Mehmet Oz, may approach the Medicare Advantage (MA)…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Healthcare Reform, Insurance Industry

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Charlotte Elam

Fourth Circuit Holds that Violation of CIA Can Support Reverse False Claims and Adopts Relaxed Rule 9(b) Presentment Requirement

On February 3, the U.S. Court of Appeals for the Fourth Circuit reversed a district court’s grant of a motion to dismiss, holding in relevant part that: - Violations of a Corporate Integrity Agreement (CIA) can create an…more

Compliance, Corporate Integrity Agreement, Department of Health and Human Services (HHS), Enforcement, False Claims Act (FCA)

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David Esquivel

FCC Extends Deadline for TCPA Consent Revocation Rule Compliance by One Year

On April 7, the Federal Communications Commission (FCC) issued an Order (Extension Order) granting a limited waiver that delays the effective date of certain portions of Section 64.1200(a)(10) of the FCC’s rules by one year –…more

Banking Sector, Compliance Dates, Consent, FCC, Financial Institutions

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Jeanne Marie Evans

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

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Emily Ann Farmer

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

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Lindsey Brown Fetzer

Wall Street and Industry React Favorably to CMS Medicare Advantage Rate Increase & Final Part C and D Rule for 2026

Two recent announcements from the Centers for Medicare & Medicaid Services (CMS) offer early indicators as to how the Trump administration, including CMS administrator Dr. Mehmet Oz, may approach the Medicare Advantage (MA)…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Healthcare Reform, Insurance Industry

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Curtis Fisher

Updated Voluntary Fiduciary Correction Program for ERISA Plans Includes Self-Correction Features

As announced in our previous HR Law Talk blog post, on January 15, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published a much anticipated amended and restated version of the Voluntary…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), EPCRS, Fiduciary Duty

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Lara Flatau

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

See all updates »

Leslie Ford

Manufacturing & Industrial: Outlooks & Trends

As the manufacturing and industrial sectors continue to embrace digital transformation and navigate complex global markets, the year ahead presents both new opportunities and challenges. From evolving data privacy and AI…more

Acquisitions, Data Security, Employee Benefits, Environmental Policies, Foreign Corrupt Practices Act (FCPA)

See all updates »

Mary Beth Fortugno

Illinois Board of Pharmacy Adopts New Licensure Requirement for Out-of-State Pharmacists-in-Charge

Beginning January 1, 2026, the Illinois Board of Pharmacy will require “out-of-state” (non-resident) pharmacies licensed or seeking licensure in Illinois to have a pharmacist-in-charge (PIC) who is licensed in Illinois…more

Healthcare, Illinois, Licensing Rules, New Regulations, Pharmacies

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Emily Fountain

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

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Ashley Gholston Fowler

FDA's Diversity Action Plans for Clinical Trials: Key Deadlines and Compliance Requirements

The U.S. Food and Drug Administration (FDA) issued a long-anticipated draft guidance on June 26, 2024, entitled “Diversity Action Plans to Improve Enrollment of Participants from Underrepresented Populations in Clinical Studies”…more

Clinical Trials, Diversity, Draft Guidance, Food and Drug Administration (FDA), Laboratory Developed Tests

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Davidson French

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

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John Fuller

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

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Craig Gabbert Jr.

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

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Lauren Gaffney

Tennessee General Assembly Continues Chipping Away at Tennessee’s CON Program

On April 23, the 113th Tennessee General Assembly passed HB2269/SB2009, Public Chapter No. 985 (New CON Law), which significantly overhauls Tennessee’s certificate of need (CON) program for a second time less than three years…more

Ambulatory Surgery Centers, Certificate of Need, Filing Fees, General Assembly, Healthcare

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Nicholas Gaffney

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)

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Ali Gallagher

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

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Scott Gallisdorfer

Novel Ruling Raises Questions About Timing of Constitutional Challenges to the FCA’s Qui Tam Provisions

In recent months, False Claims Act (FCA) defendants have increasingly sought to challenge the constitutionality of the statute’s qui tam provisions. This trend gained momentum following Justice Thomas’s dissent in United States…more

Appointments Clause, Article II, Constitutional Challenges, Corporate Counsel, False Claims Act (FCA)

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Tim Garrett

Fourth Circuit Terminates Maryland District Court’s DEI Injunction

On March 14, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and…more

Appeals, Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Actions

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William Gebo

Updated Voluntary Fiduciary Correction Program for ERISA Plans Includes Self-Correction Features

As announced in our previous HR Law Talk blog post, on January 15, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published a much anticipated amended and restated version of the Voluntary…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), EPCRS, Fiduciary Duty

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Jeff Gibson

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

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Michael Gibson

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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John Golwen

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

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James Gooch

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)

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Jamie Gordon

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

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Thomas Gossett

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

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B. Riney Green

FinCEN Interim Final Rule Signals End of Domestic Entities’ CTA Reporting Obligations

After almost 18 months of uncertainty and confusion with respect to the implementation and enforcement of the Corporate Transparency Act (CTA), on Friday, March 21, the U.S. Department of Treasury’s Financial Crimes Enforcement…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Enforcement Actions, Exemptions

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Tabitha Green

State Legislatures Target Private Equity Investments and Corporate Structures in Health Care with New Bills

Many state legislatures have recently convened for 2025 legislative sessions, and members have already proposed a significant number of bills that, if passed, would materially impact transactions and/or corporate structures…more

Acquisitions, Corporate Governance, Disclosure Requirements, Healthcare, Investment

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R. Dale Grimes

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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Anna Grizzle

Healthcare Private Equity Outlook & Trends - January 2025

As some packed the skis and headed to their favorite slopes this winter season, it is hard not to see the analogies to the healthcare private equity (PE) transaction market as we ring in the New Year. Much like the Northern…more

Acquisitions, Financial Services Industry, Healthcare, Investment, Investment Funds

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Maleaka Guice

Illinois Board of Pharmacy Adopts New Licensure Requirement for Out-of-State Pharmacists-in-Charge

Beginning January 1, 2026, the Illinois Board of Pharmacy will require “out-of-state” (non-resident) pharmacies licensed or seeking licensure in Illinois to have a pharmacist-in-charge (PIC) who is licensed in Illinois…more

Healthcare, Illinois, Licensing Rules, New Regulations, Pharmacies

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Robert Guth

Key Takeaways from Intersection of Opportunity Zones and Affordable Housing Forum

Nashville’s public, private and nonprofit sectors converged recently to explore how the new Opportunity Zones incentive program could impact affordable housing in Nashville. …more

Affordable Housing, Capital Gains, Community Development, Economic Development, Investment Funds

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Dee Harleston

HHS-OIG Year in Review 2024

In 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) provided useful insights to the healthcare industry regarding how it approaches various fraud and abuse issues in an increasingly…more

Anti-Kickback Statute, Billing, Compliance, False Claims Act (FCA), Fraud and Abuse

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Cheyne Harris

Manufacturing & Industrial: Outlooks & Trends

As the manufacturing and industrial sectors continue to embrace digital transformation and navigate complex global markets, the year ahead presents both new opportunities and challenges. From evolving data privacy and AI…more

Acquisitions, Data Security, Employee Benefits, Environmental Policies, Foreign Corrupt Practices Act (FCPA)

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Chelsea Harrison

FTC Releases “Click to Cancel” Rule

On October 16, the Federal Trade Commission (FTC) released the final version of its Rule Concerning Recurring Subscriptions and Other Negative Option Programs (Rule), which requires sellers of products and services to receive…more

Cancellation Rights, Consent, Consumer Contracts, Enforcement Actions, Federal Trade Commission (FTC)

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Justin Hay

The Time is Here: Public Companies Should be Mindful of the Upcoming Insider Trading Policy Form 10-K Exhibit Filing Requirement

In connection with the upcoming Form 10-K/proxy season, public companies with a fiscal year ending on December 31 will be required, for the first time, to publicly file their insider trading policies as exhibits to their Annual…more

Annual Reports, Disclosure Requirements, Filing Requirements, Form 10-K, Insider Trading

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Clint Hermes

Can the NIH Cap Indirect Cost Rates at 15%?

Note: This post was updated with new information on February 13, 2025. On February 7, the National Institutes of Health (NIH) issued Supplemental Guidance to its 2024 NIH Grants Policy Statement, Indirect Cost Rates,…more

Department of Health and Human Services (HHS), Federal Contractors, Federal Funding, Final Rules, Grants

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Michael Hess

340B Drug Rebate Models: Status and Litigation Update

Four drug manufacturers have announced plans to offer discounted drug prices to safety net providers under the federal 340B program via rebates instead of upfront discounts, despite the federal government’s position that…more

Commercial Litigation, Drug Pricing, HRSA, Inflation Reduction Act (IRA), Legislative Agendas

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Johnathan Holbrook

FTC Releases “Click to Cancel” Rule

On October 16, the Federal Trade Commission (FTC) released the final version of its Rule Concerning Recurring Subscriptions and Other Negative Option Programs (Rule), which requires sellers of products and services to receive…more

Cancellation Rights, Consent, Consumer Contracts, Enforcement Actions, Federal Trade Commission (FTC)

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D. Scott Holley

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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Robert Horton

Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory Discharge Against a Private Employer

A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit against…more

At-Will Employment, Constitutional Challenges, Employee Rights, Employment Litigation, First Amendment

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Angela Humphreys

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

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Gene Humphreys

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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Danielle Hunt

PCAOB Delays NOCLAR Rulemaking to 2025 Amid Controversy and Election-Year Dynamics

The Public Company Accounting Oversight Board (PCAOB) delayed the adoption of a final rule with respect to its June 2023 proposal (Proposal) to increase auditors’ responsibility to evaluate and disclose a public company’s…more

Auditors, Audits, Disclosure Requirements, Final Rules, PCAOB

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Courtney Hunter

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

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Joelle Hupp

New Year, New Privacy Laws!

States continued to pass comprehensive consumer privacy laws throughout 2024. 2025 brings eight new state-level comprehensive consumer privacy laws into effect. As with the five state privacy laws that went into effect in 2024,…more

California Consumer Privacy Act (CCPA), Compliance, Consumer Privacy Rights, Data Privacy, Data Protection

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Tyler Huseman

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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Brian Irving

First Circuit Adopts “But-For” Causation Standard for Proving Kickback FCA Violations

In a closely watched appeal, the U.S. Court of Appeals for the First Circuit ruled on February 18 that to satisfy the causation requirement in False Claims Act (FCA) actions based on alleged Anti-Kickback Statute (AKS)…more

Anti-Kickback Statute, Appeals, But For Causation, Causation, False Claims Act (FCA)

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Brian Iverson

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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Stephen Jasper

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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J. James Jenkins Jr.

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

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Stewart Kameen

HHS-OIG Year in Review 2024

In 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) provided useful insights to the healthcare industry regarding how it approaches various fraud and abuse issues in an increasingly…more

Anti-Kickback Statute, Billing, Compliance, False Claims Act (FCA), Fraud and Abuse

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Ashleigh Karnell

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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Philip Kassel

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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Ben Kelly

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

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Mallorie Kerby

2025 Legislative Recap – 114th Tennessee General Assembly, First Session

The 114th Tennessee General Assembly concluded its first regular session on April 22, making it one of the most fast-paced sessions in recent years. Despite this compressed timeline, our government relations team successfully…more

Cannabis Products, Environmental Policies, FCC, General Assembly, Hospitals

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Jay Knight

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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Betsy Knotts

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

In the Final Session of the 113th General Assembly, Tennessee legislators focused particularly on public-private partnerships that aid in the creation of housing. The Bass, Berry & Sims Public Finance team tracked bills related…more

General Assembly, Hotel Tax, Housing Market, Public Finance, Real Estate Market

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Eric Knox

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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Howard Lamar III

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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Hannah Lamb

Honda Settles with the CPPA Over Privacy Violations: Key Takeaways for Businesses

The California Privacy Protection Agency (CPPA) recently announced a settlement with American Honda Motor Co., Inc. (Honda) over alleged privacy violations. The settlement arises from the CPPA’s investigation into the privacy…more

California, California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Contract Terms, Corporate Counsel

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Britt Latham

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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Christopher Lazarini

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

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Jason Lewallen

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

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Ashley Robinson Li

Navigating Tennessee Background Check Laws: A Guide for Employers

Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring practices…more

Background Checks, Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Discrimination

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Samantha Ross Liskey

FCC Extends Deadline for TCPA Consent Revocation Rule Compliance by One Year

On April 7, the Federal Communications Commission (FCC) issued an Order (Extension Order) granting a limited waiver that delays the effective date of certain portions of Section 64.1200(a)(10) of the FCC’s rules by one year –…more

Banking Sector, Compliance Dates, Consent, FCC, Financial Institutions

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James Litzow

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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Dante Lizza

CMS Proposes to Extend Virtual Direct Supervision

On July 10, the Centers for Medicare & Medicaid Services (CMS) proposed to extend virtual direct supervision—i.e., the ability to provide direct supervision through real-time, audio-visual technology (rather than in-person…more

Centers for Medicare & Medicaid Services (CMS), Digital Health, Final Rules, Health Care Providers, MPFS

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Travis Lloyd

HHS-OIG Year in Review 2024

In 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) provided useful insights to the healthcare industry regarding how it approaches various fraud and abuse issues in an increasingly…more

Anti-Kickback Statute, Billing, Compliance, False Claims Act (FCA), Fraud and Abuse

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Gregory Maczko

CMS Finalizes Virtual Direct Supervision Extension and Rule Changes

On November 1, the Centers for Medicare & Medicaid Services (CMS) finalized its proposal to extend virtual direct supervision—i.e., the ability to provide direct supervision through real-time, audio-visual technology (rather…more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Healthcare, Healthcare Reform

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Zoebedeh Malakpa

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

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G. Mark Mamantov

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

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David Marshburn

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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Garrah Carter-Mason

[Event] Inaugural D.C. Compliance & Government Investigations Seminar - April 8th, Washington, DC

We are pleased to invite you to the inaugural D.C. Compliance & Government Investigations Seminar, hosted by Bass, Berry & Sims in collaboration with Watermark Strategies. This complimentary seminar will build upon the success…more

Best Practices, C-Suite Executives, Chief Compliance Officers, Chief Privacy Officer, Compliance

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William Mathias

HHS-OIG Year in Review 2024

In 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) provided useful insights to the healthcare industry regarding how it approaches various fraud and abuse issues in an increasingly…more

Anti-Kickback Statute, Billing, Compliance, False Claims Act (FCA), Fraud and Abuse

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Thaddeus McBride

DOJ Settlement Highlights Customs, FCA Risks for Importers

On March 25, 2025, the U.S. Department of Justice (DOJ) announced an $8.1 million settlement in a civil case under the False Claims Act (FCA) related to alleged customs evasion by a California importer of wood flooring. The…more

China, Corporate Counsel, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions

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William Logan McCallie

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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Wesley McCulloch

Honda Settles with the CPPA Over Privacy Violations: Key Takeaways for Businesses

The California Privacy Protection Agency (CPPA) recently announced a settlement with American Honda Motor Co., Inc. (Honda) over alleged privacy violations. The settlement arises from the CPPA’s investigation into the privacy…more

California, California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Contract Terms, Corporate Counsel

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Allie Miller McNamara

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

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R. Davis Mello

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

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Bryan Metcalf

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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Jennifer Michael

HHS-OIG Year in Review 2024

In 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) provided useful insights to the healthcare industry regarding how it approaches various fraud and abuse issues in an increasingly…more

Anti-Kickback Statute, Billing, Compliance, False Claims Act (FCA), Fraud and Abuse

See all updates »

Russell Miller

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

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Sarah Miller

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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James Polk Moneyhun Jr.

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 »

Amy Sanders Morgan

The Future of Telemedicine Prescribing Comes Into Focus: New Final and Proposed Rules

On January 17, the Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services (HHS) jointly published two final rules addressing the prescription of controlled substances via telemedicine in…more

Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Final Rules, Health Care Providers

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Sara Morgan

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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Christine Morse

HHS-OIG Year in Review 2024

In 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) provided useful insights to the healthcare industry regarding how it approaches various fraud and abuse issues in an increasingly…more

Anti-Kickback Statute, Billing, Compliance, False Claims Act (FCA), Fraud and Abuse

See all updates »

Whitney Mosey

CMS Solicits Comments to Clarify Parameters on MAC Downcoding of Complex Drug Administration Infusion Services

In the proposed CY 2025 Physician Fee Schedule (PFS) published in the Federal Register on July 31, the Centers for Medicare & Medicaid Services (CMS) is soliciting comments on a proposal to revise the Medicare Claims Processing…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Health Care Providers, Healthcare, Healthcare Reform

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Kimia Olivia Movahed

False Claims Act Decisions to Know from Q2 2024

In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and…more

Anti-Kickback Statute, Anti-Retaliation Provisions, False Claims Act (FCA), Fee Awards, First-to-File

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Elaine Naughton

Connecticut and Maine Propose New Restrictions on Private Equity and REITs in Health Care Transactions

Since our recent updates, additional bills have been introduced that, if passed, will impact transactions across the healthcare industry. This alert contains an overview of legislation recently introduced in Connecticut and…more

Acquisitions, False Claims Act (FCA), Health Care Providers, Healthcare, Hospitals

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Jennifer Noonan

[Webinar] ESG Outlook: Preparing for the 2025 Reporting Season - December 17th, 12:00 pm - 1:00 pm CST

Join Bass, Berry & Sims and leading environmental, social, and governance (ESG) along with corporate and securities thought leaders for the next installment of our ESG Impact Webinar series. As public companies prepare for the…more

Chief Compliance Officers, Climate Change, Continuing Legal Education, Disclosure Requirements, Enforcement Actions

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Jeffrey Oldham

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

In the Final Session of the 113th General Assembly, Tennessee legislators focused particularly on public-private partnerships that aid in the creation of housing. The Bass, Berry & Sims Public Finance team tracked bills related…more

General Assembly, Hotel Tax, Housing Market, Public Finance, Real Estate Market

See all updates »

Andrea Orr

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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Todd Overman

White House Announces “Revolutionary FAR Overhaul”: What to Know

Through a duo of Executive Orders (EOs), issued on April 15 and 16 respectively, President Trump announced “a first-of-its-kind overhaul of Federal procurement policy.” The rewrite represents a once-in-a-generation opportunity…more

Competition, Contract Terms, Executive Orders, Federal Acquisition Regulations (FAR), Government Agencies

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James Parkinson

International Trade Enforcement Roundup – December 2024

You are reading the December 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. - An…more

Compliance, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions, Export Controls

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Tatjana Paterno

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

See all updates »

Chase Van Patten

New Year, New Privacy Laws!

States continued to pass comprehensive consumer privacy laws throughout 2024. 2025 brings eight new state-level comprehensive consumer privacy laws into effect. As with the five state privacy laws that went into effect in 2024,…more

California Consumer Privacy Act (CCPA), Compliance, Consumer Privacy Rights, Data Privacy, Data Protection

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Heather Pearson

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

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Frank Pellegrino

Manufacturing & Industrial: Outlooks & Trends

As the manufacturing and industrial sectors continue to embrace digital transformation and navigate complex global markets, the year ahead presents both new opportunities and challenges. From evolving data privacy and AI…more

Acquisitions, Data Security, Employee Benefits, Environmental Policies, Foreign Corrupt Practices Act (FCPA)

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Erica Vick Penley

2025 Legislative Recap – 114th Tennessee General Assembly, First Session

The 114th Tennessee General Assembly concluded its first regular session on April 22, making it one of the most fast-paced sessions in recent years. Despite this compressed timeline, our government relations team successfully…more

Cannabis Products, Environmental Policies, FCC, General Assembly, Hospitals

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Dawn Perez-Slavinski

Wall Street and Industry React Favorably to CMS Medicare Advantage Rate Increase & Final Part C and D Rule for 2026

Two recent announcements from the Centers for Medicare & Medicaid Services (CMS) offer early indicators as to how the Trump administration, including CMS administrator Dr. Mehmet Oz, may approach the Medicare Advantage (MA)…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Healthcare Reform, Insurance Industry

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W. Brantley Phillips Jr.

Tennessee General Assembly Continues Chipping Away at Tennessee’s CON Program

On April 23, the 113th Tennessee General Assembly passed HB2269/SB2009, Public Chapter No. 985 (New CON Law), which significantly overhauls Tennessee’s certificate of need (CON) program for a second time less than three years…more

Ambulatory Surgery Centers, Certificate of Need, Filing Fees, General Assembly, Healthcare

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Abigail Pirie Anderson

Connecticut and Maine Propose New Restrictions on Private Equity and REITs in Health Care Transactions

Since our recent updates, additional bills have been introduced that, if passed, will impact transactions across the healthcare industry. This alert contains an overview of legislation recently introduced in Connecticut and…more

Acquisitions, False Claims Act (FCA), Health Care Providers, Healthcare, Hospitals

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Mary Leigh Pirtle

Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?

As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all…more

Deadlines, Employees, Employer Liability Issues, Employment Contract, Federal Bans

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Brianna Powell

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

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Peter Rathmell

Settlement Roundup: Heart-Valve Replacements, Federal Research Grants, and Clinical Laboratory Marketing

The Department of Justice (DOJ) recently announced settlements involving alleged noncompliance with Medicare billing requirements for heart-valve replacement surgeries, false statements in federal funding research grants, and…more

Anti-Kickback Statute, Clinical Laboratories, Department of Justice (DOJ), False Claims Act (FCA), Grants

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Alex Redmond

Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory Discharge Against a Private Employer

A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit against…more

At-Will Employment, Constitutional Challenges, Employee Rights, Employment Litigation, First Amendment

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Cynthia Reisz

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

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Marc Rigsby

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

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Ethan Riley

EU’s AI Act – Coming to an AI Near You

On August 1, the European Union’s Artificial Intelligence Act (Act) entered into force. This groundbreaking legislation is set to be implemented in stages over the coming years and is expected to have a profound impact on the…more

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

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Lisa Rivera

False Claims Act Enforcement in Healthcare: Insights from the 13th Annual Fraud & Abuse Review

The False Claims Act (FCA) remains one of the government’s most powerful tools in combating healthcare fraud, with a growing focus on opioid-related cases and violations of the Anti-Kickback Statute…more

Anti-Kickback Statute, Controlled Substances, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Brian Roark

First Circuit Adopts “But-For” Causation Standard for Proving Kickback FCA Violations

In a closely watched appeal, the U.S. Court of Appeals for the First Circuit ruled on February 18 that to satisfy the causation requirement in False Claims Act (FCA) actions based on alleged Anti-Kickback Statute (AKS)…more

Anti-Kickback Statute, Appeals, But For Causation, Causation, False Claims Act (FCA)

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Glenn Rose

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

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Steffie Rosene

The Future of Telemedicine Prescribing Comes Into Focus: New Final and Proposed Rules

On January 17, the Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services (HHS) jointly published two final rules addressing the prescription of controlled substances via telemedicine in…more

Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Final Rules, Health Care Providers

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Nicole Roth

IRS Guidance Regarding ACA Employer Information Reporting Requirements

As announced in our previous HR Law Talk blog post, the Paperwork Burden Reduction Act (PBRA) made important changes to employers’ responsibilities to furnish information to employees under the Affordable Care Act (ACA). As part…more

Affordable Care Act, Employee Benefits, Employee Rights, Employer Liability Issues, Employer Responsibilities

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Molly Ruberg

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

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Angelique Salib

State Legislatures Target Private Equity Investments and Corporate Structures in Health Care with New Bills

Many state legislatures have recently convened for 2025 legislative sessions, and members have already proposed a significant number of bills that, if passed, would materially impact transactions and/or corporate structures…more

Acquisitions, Corporate Governance, Disclosure Requirements, Healthcare, Investment

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Alexandrea Samber

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

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Taylor Sample

Key Takeaways from DOJ’s Continued Cybersecurity Enforcement

On March 25, the U.S. Department of Justice (DOJ) announced a $4.6 million settlement with MORSECORP, Inc. (MORSE) over its alleged failures to satisfy cybersecurity requirements for federal defense contractors…more

Corporate Counsel, Cybersecurity, Department of Defense (DOD), Department of Justice (DOJ), Disclosure Requirements

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Reagan Schmidt

False Claims Act Decisions to Know from Q3 2024

Courts have addressed multiple False Claims Act (FCA) issues in the third quarter of this year. Below is a summary of top cases involving the constitutionality of the FCA’s qui tam provisions, the FCA’s scienter requirement, the…more

Anti-Retaliation Provisions, False Claims Act (FCA), Health Care Providers, Pleading Standards, Public Disclosure

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Briana Sprick Schuster

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

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Rhea Shinde

CMS CY 2026 Parts C and D Proposals Focus on Informed Choice

On December 10, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule, which, if finalized as proposed, has potentially significant implications for Medicare Advantage (MA) plans and Medicare Prescription…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Deadlines, Health Insurance, Healthcare

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Sehrish Siddiqui

SEC Withdraws Defense of Climate Disclosure Rules

As a follow-up to our blog post in February about the Securities and Exchange Commission’s (SEC) pause in defending its Climate Disclosure Rules, on March 27, the SEC notified the U.S. Court of Appeals for the Eighth Circuit…more

Climate Change, Disclosure Requirements, Environmental Policies, Final Rules, Publicly-Traded Companies

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Catherine Simpson

Compliance Deadlines for New Section 1557 Nondiscrimination Rules Approaching, Includes Application to Medicare Part B Recipients

In April 2024, the Department of Health and Human Services (HHS) finalized revised regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA). The new, final Section 1557 regulations (2024…more

Amended Rules, Compliance, Deadlines, Department of Health and Human Services (HHS), Health Care Providers

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Brian Sims

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

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Danielle Sloane

CMS Terminates Four Value-Based Care Models Early and Signals New Strategy

On March 12, the Centers for Medicare & Medicaid Services (CMS) announced that certain Medicare value-based payment models will terminate early and signaled a new strategy will be announced soon. Specifically, the Centers for…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, ESRD, Health Care Providers, Maryland

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Katherine Smalley

FinCEN Interim Final Rule Signals End of Domestic Entities’ CTA Reporting Obligations

After almost 18 months of uncertainty and confusion with respect to the implementation and enforcement of the Corporate Transparency Act (CTA), on Friday, March 21, the U.S. Department of Treasury’s Financial Crimes Enforcement…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Enforcement Actions, Exemptions

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Blaine Smith

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)

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David Smith

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 »

Lucas Ross Smith

Washington Enacts “Mini-HSR” Law, Expanding State-Level Premerger Filing Requirements

On April 4, Washington became the first state to adopt the Uniform Premerger Notification Act (Act) when Washington Governor Jay Inslee signed the bill into law. The new statute imposes state-level premerger filing obligations…more

Acquisitions, Antitrust Provisions, Department of Justice (DOJ), Enforcement, Federal Trade Commission (FTC)

See all updates »

Page Minton Smith

Tennessee General Assembly Continues Chipping Away at Tennessee’s CON Program

On April 23, the 113th Tennessee General Assembly passed HB2269/SB2009, Public Chapter No. 985 (New CON Law), which significantly overhauls Tennessee’s certificate of need (CON) program for a second time less than three years…more

Ambulatory Surgery Centers, Certificate of Need, Filing Fees, General Assembly, Healthcare

See all updates »

Ross Smith

2025 Legislative Recap – 114th Tennessee General Assembly, First Session

The 114th Tennessee General Assembly concluded its first regular session on April 22, making it one of the most fast-paced sessions in recent years. Despite this compressed timeline, our government relations team successfully…more

Cannabis Products, Environmental Policies, FCC, General Assembly, Hospitals

See all updates »

Emily Snyder

FTC Releases “Click to Cancel” Rule

On October 16, the Federal Trade Commission (FTC) released the final version of its Rule Concerning Recurring Subscriptions and Other Negative Option Programs (Rule), which requires sellers of products and services to receive…more

Cancellation Rights, Consent, Consumer Contracts, Enforcement Actions, Federal Trade Commission (FTC)

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Michael Sontag

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)

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Richard Spore, III

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

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Russell Stair

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 »

Jonathan Stanley

SEC Expands Accommodations for its Confidential Registration Statement Review Process, Increasing Flexibility for Issuers

On March 3, the United States Securities and Exchange Commission (SEC) issued guidance expanding its policies related to its confidential Draft Registration Statement (DRS) review process to all registration statements made…more

Capital Markets, Disclosure Requirements, EDGAR, Initial Public Offering (IPO), Publicly-Traded Companies

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Jacob Stansell

Proposed Rulemaking to Strengthen HIPAA Security Rule

On January 6, the Department of Health and Human Services Office for Civil Rights (OCR) published a notice of proposed rulemaking (Proposed Rule) that would strengthen the requirements of the security rule promulgated pursuant…more

Business Associates, Cybersecurity, Data Privacy, Data Security, Department of Health and Human Services (HHS)

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Justin Starling

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

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Jamie Gordon Steakley

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

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Craig Stewart

Proposed Rulemaking to Strengthen HIPAA Security Rule

On January 6, the Department of Health and Human Services Office for Civil Rights (OCR) published a notice of proposed rulemaking (Proposed Rule) that would strengthen the requirements of the security rule promulgated pursuant…more

Business Associates, Cybersecurity, Data Privacy, Data Security, Department of Health and Human Services (HHS)

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Michael Stewart

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

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Julia Tamulis

Wall Street and Industry React Favorably to CMS Medicare Advantage Rate Increase & Final Part C and D Rule for 2026

Two recent announcements from the Centers for Medicare & Medicaid Services (CMS) offer early indicators as to how the Trump administration, including CMS administrator Dr. Mehmet Oz, may approach the Medicare Advantage (MA)…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Healthcare Reform, Insurance Industry

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Morgan Tandy

State Legislatures Target Private Equity Investments and Corporate Structures in Health Care with New Bills

Many state legislatures have recently convened for 2025 legislative sessions, and members have already proposed a significant number of bills that, if passed, would materially impact transactions and/or corporate structures…more

Acquisitions, Corporate Governance, Disclosure Requirements, Healthcare, Investment

See all updates »

W. Benjamin Tarpley

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)

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Masie Taylor

Rhode Island Passes Data Transparency and Privacy Protection Act

On June 28, the Rhode Island Data Transparency and Privacy Protection Act (DTPPA) was enacted without Governor Dan McKee’s signature, making Rhode Island the twentieth state to enact comprehensive consumer data privacy…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, New Legislation

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T. Stephen C. Taylor

Manufacturing & Industrial: Outlooks & Trends

As the manufacturing and industrial sectors continue to embrace digital transformation and navigate complex global markets, the year ahead presents both new opportunities and challenges. From evolving data privacy and AI…more

Acquisitions, Data Security, Employee Benefits, Environmental Policies, Foreign Corrupt Practices Act (FCPA)

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Ryan Thomas

Healthcare Private Equity Outlook & Trends - January 2025

As some packed the skis and headed to their favorite slopes this winter season, it is hard not to see the analogies to the healthcare private equity (PE) transaction market as we ring in the New Year. Much like the Northern…more

Acquisitions, Financial Services Industry, Healthcare, Investment, Investment Funds

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Shelley Thomas

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

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David Thornton

New Reproductive Health Care Privacy Final Rule: Key Compliance Steps and Dates

In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and subsequent state abortion bans, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a Final…more

Abortion, Covered Entities, Department of Health and Human Services (HHS), Disclosure Requirements, Dobbs v. Jackson Women’s Health Organization

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Nesrin Garan Tift

Proposed Rulemaking to Strengthen HIPAA Security Rule

On January 6, the Department of Health and Human Services Office for Civil Rights (OCR) published a notice of proposed rulemaking (Proposed Rule) that would strengthen the requirements of the security rule promulgated pursuant…more

Business Associates, Cybersecurity, Data Privacy, Data Security, Department of Health and Human Services (HHS)

See all updates »

Tyler Ventura

CMS Terminates Four Value-Based Care Models Early and Signals New Strategy

On March 12, the Centers for Medicare & Medicaid Services (CMS) announced that certain Medicare value-based payment models will terminate early and signaled a new strategy will be announced soon. Specifically, the Centers for…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, ESRD, Health Care Providers, Maryland

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David Venturella

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)

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Leigh Walton

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

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Elizabeth Warren

Proposed Rulemaking to Strengthen HIPAA Security Rule

On January 6, the Department of Health and Human Services Office for Civil Rights (OCR) published a notice of proposed rulemaking (Proposed Rule) that would strengthen the requirements of the security rule promulgated pursuant…more

Business Associates, Cybersecurity, Data Privacy, Data Security, Department of Health and Human Services (HHS)

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Hannah Webber

False Claims Act Settlements to Know from Q3 2024

The third quarter of this year brought numerous high-dollar False Claims Act (FCA) settlements involving a variety of industries and alleged conduct. Below are noteworthy resolutions that reflect recent enforcement trends…more

Anti-Kickback Statute, Enforcement Actions, False Claims Act (FCA), Federal Funding, Fraud and Abuse

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Nikki Wethington

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

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Shannon Wiley

Illinois Board of Pharmacy Adopts New Licensure Requirement for Out-of-State Pharmacists-in-Charge

Beginning January 1, 2026, the Illinois Board of Pharmacy will require “out-of-state” (non-resident) pharmacies licensed or seeking licensure in Illinois to have a pharmacist-in-charge (PIC) who is licensed in Illinois…more

Healthcare, Illinois, Licensing Rules, New Regulations, Pharmacies

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David Wilson

Healthcare Trends & Transactions Q1 2025

The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the…more

Acquisitions, Ambulatory Surgery Centers, Clinical Trials, Digital Health, Health Information Technologies

See all updates »

Taylor Wirth

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

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Roy Wyman

Healthcare Private Equity Outlook & Trends - January 2025

As some packed the skis and headed to their favorite slopes this winter season, it is hard not to see the analogies to the healthcare private equity (PE) transaction market as we ring in the New Year. Much like the Northern…more

Acquisitions, Financial Services Industry, Healthcare, Investment, Investment Funds

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Bradley Yenter

PCAOB Delays NOCLAR Rulemaking to 2025 Amid Controversy and Election-Year Dynamics

The Public Company Accounting Oversight Board (PCAOB) delayed the adoption of a final rule with respect to its June 2023 proposal (Proposal) to increase auditors’ responsibility to evaluate and disclose a public company’s…more

Auditors, Audits, Disclosure Requirements, Final Rules, PCAOB

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Virginia Maynard Yetter

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

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Sylvia Yi

Bid Protest Minute: GAO Decision Clarifies SAM Registration Rule

On January 8, the Government Accountability Office (GAO) sustained a pre-award bid protest filed by Bass, Berry & Sims PLC (Bass Berry), which challenged the Federal Law Enforcement Training Centers’ (FLETC or the Agency)…more

Bid Protests, Bid Solicitation, Compliance, Federal Acquisition Regulations (FAR), Federal Contractors

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Hunter Yoches

President Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOC

Last week, as part of a major shake-up of the federal government’s enforcement agencies, President Trump made three major changes to the Equal Employment Opportunity Commission (EEOC), all of which will cause a major shift in…more

Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Litigation, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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Jessalyn Zeigler

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 »

Patrick Zinck

Washington Enacts “Mini-HSR” Law, Expanding State-Level Premerger Filing Requirements

On April 4, Washington became the first state to adopt the Uniform Premerger Notification Act (Act) when Washington Governor Jay Inslee signed the bill into law. The new statute imposes state-level premerger filing obligations…more

Acquisitions, Antitrust Provisions, Department of Justice (DOJ), Enforcement, Federal Trade Commission (FTC)

See all updates »