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  • Article

    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...
    United StatesCorporate/Commercial Law
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    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.
    United StatesCorporate/Commercial Law
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    Delaware Supreme Court Reverses Court Of Chancery, Affirming That Forfeited Equity Remains Valid Consideration For Non-Competes

    On February 3, the Delaware Supreme Court issued a critical decision for private equity (PE) sponsors and institutional employers...
    United StatesEmployment and HR
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    NLRB Gains 3-1 Republican Majority, Setting Stage For Major Policy Shifts

    On August 7, James Macy, a Republican, was confirmed by the Senate to become the third Republican member of the National Labor Relations Board (NLRB or Board). David Poutry, a Democrat, was recently re-appointed by President Trump and was confirmed for another stint on the Board as well.
    United StatesEmployment and HR
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    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...
    United StatesEmployment and HR
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    Roy Wyman Examines Adoption And Use Of AI In Healthcare Delivery

    Bass, Berry & Sims attorney Roy Wyman authored an article for the American Health Law Association (AHLA) examining the use of artificial intelligence (AI) in healthcare.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    Fifth Circuit Vacates Nasdaq Board Diversity Rules

    On December 11, the Court of Appeals for the Fifth Circuit vacated Nasdaq Listing Rule 5605(f) and Nasdaq Listing Rule 5606(a) (together with Nasdaq Listing Rule IM-5900-9, the Board Diversity Rules) by a 9-8 vote.
    United StatesCorporate/Commercial Law
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    Motion For Summary Judgement Denied: Battle Over California Climate Legislation Continues

    Soon after California passed far-reaching climate legislation last year (referred to herein as SB 253 and SB 261; see our earlier blog post here and here for background)...
    United StatesCorporate/Commercial Law
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    U.S. Treasury Announces Broad CTA Enforcement Moratorium For Domestic Reporting Companies

    In a Sunday evening press release on March 2, the U.S. Department of Treasury declared an indefinite moratorium on any enforcement of the Corporate Transparency Act (CTA) reporting obligations applicable to U.S
    United StatesCorporate/Commercial Law
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    ERISA Preemption – Alive And Well

    The recent rise in state law regulation of pharmacy benefit managers (PBMs) and prescription drug pricing continues to test the limits of preemption under the Employee Retirement Income Security Act of 1974, as amended (ERISA).
    United StatesEmployment and HR
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    Federal Court Blocks FTC Non-Compete Rule Nationwide

    Today, the federal district court for the Northern District of Texas, in Ryan LLC v. Federal Trade Commission [FTC] (opinion found here), "set aside" with nationwide effect, the FTC "Non-Compete Rule."
    United StatesEmployment and HR
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    Federal Judge Strikes Down Increased FLSA Salary Basis Threshold

    A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called "white-collar" exemptions from overtime.
    United StatesEmployment and HR
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    Reminder – Annual Deadline (July 31) To Report And Pay PCORI Fee Is Approaching

    The annual filing (and fee payment) for applicable self-insured health plans and specified health insurance policies used to fund the Patient-Centered Outcomes Research Institute...
    United StatesEmployment and HR
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    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...
    United StatesEmployment and HR
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    OIG Issues Special Fraud Alert On Medicare Advantage Marketing Arrangements

    On December 11, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a Special Fraud Alert (SFA) on what it refers to as "suspect" marketing schemes...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    Bid Protest Minute: Bidders Beware – Clearly Stated Solicitation Requirements Control

    On November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture...
    United StatesGovernment, Public Sector
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    Exception To Commercial Determination For Non-Traditional Defense Contractors Offers New Opportunities

    In addition to opening the door to possible awards under the government's Other Transactions Authority (OTA), products and services provided by contractors...
    United StatesGovernment, Public Sector
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    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...
    United StatesGovernment, Public Sector
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    SBICCT Initiative Adds New Tool To Drive Innovation

    The Department of Defense (DoD) has long searched for ways to foster innovation in the defense industrial base by harnessing US comparative advantages like our capital markets and American technological innovation.
    United StatesGovernment, Public Sector
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    International Trade Enforcement Roundup – Summer 2024

    You are reading the Summer 2024 Update of the Bass, Berry & Sims Enforcement Roundup. After a short hiatus, we are back to reporting on notable enforcement actions...
    United StatesInternational Law
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC

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