Bass, Berry & Sims PLC

Bass, Berry & Sims is a Tennessee-based law firm with more than 280 attorneys representing and advising Fortune 500 companies as well as regional and local businesses, including acting as the principal corporate counsel for approximately 35 public companies. Our attorneys have been involved in some of the largest and most significant litigation matters, investigations and business transactions in the country.

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Latest from Bass, Berry & Sims PLC

GovCon & Trade

2021 Tennessee Procurement Opportunities Conference

By Todd Overman

January 21, 2021

I’m looking forward to participating in a panel session at the 2021 Tennessee Procurement Opportunities Conference presented by the Tennessee Procurement Technical Assistance Center (PTAC) and Tennessee Small Business Development Center. I will join other industry panelists for a discussion focusing on best practices for teaming in government contracting. The program will also feature: Judy Bradt (Amazon #1 Bestselling Author & Speaker) on how to “Win your meeting and get invited back!” Discussions about contracting…

Inside the FCA

An Ounce of Prevention: Effective Corporate Policies for Dealing with Government Investigations and Inquires

By Matt Curley

January 19, 2021

One of the first indicators that may tip off a healthcare provider or government contractor that their organization may be the subject of a False Claims Act (FCA) investigation is contact with a government investigator. That contact may take many forms – service of a subpoena or Civil Investigative Demand (CID), an interview of an employee, or simply a phone call by a government regulator or investigator. How an organization responds to those earliest contacts…

Inside the FCA

Improper Billing of “P-Stim” Devices is Focus of Recent FCA Settlements

By John Eason

January 14, 2021

Improper billing for electro-acupuncture using a “P-Stim” device (or peri-auricular stimulation device) has been the subject of two False Claims Act (FCA) settlements already in 2021, following a trend of such enforcement actions within the past year. Each of the recent settlements, detailed further below, involve providers billing federal healthcare programs for acupuncture using P-Stim devices under HCPCS Code L8649. Unlike P-Stim devices, though, which are attached to the ears of a patient using needles…

GovCon & Trade

FCPA Update: Enforcement Continues

By Lindsey Fetzer & Thad McBride

January 13, 2021

In recent months, the U.S. Department of Justice (DOJ) and Securities & Exchange Commission (SEC) have announced several notable penalties for violations of the U.S. Foreign Corrupt Practices Act (FCPA). The FCPA prohibits bribery of foreign government officials and requires issuers of securities on U.S. exchanges to keep and maintain accurate books and records and robust internal controls. We have summarized a few of these enforcement actions below to serve as a reminder of the…

GovCon & Trade

Federal Circuit Confirms DoD Contractor’s Expanded Restrictions on Non-Government Parties Rights in Data

By Todd Overman

January 12, 2021

Last month, the U.S. Court of Appeals for the Federal Circuit’s (Federal Circuit) opinion in The Boeing Co. v. Secretary of the Air Force shed additional light on the technical data rights of contractors under defense contracts. The decision hinges on the fact that technical data provided by a contractor to the government remains the property of the contractor. Additionally, contractors retain certain rights in connection with technical data even when the government has so-called…

HR Law Talk

Labor & Employment Law Update: Lessons Learned from COVID-19 and What to Expect under the Biden Administration

By Bass, Berry & Sims

January 12, 2021

Join us for a virtual seminar in which Bass, Berry & Sims’ labor & employment attorneys will discuss anticipated legislative developments and agency guidance changes under the new administration, and provide practical advice for understanding the associated impacts and legal challenges to employers. We will also review the lessons learned from COVID-19, address its continued implications for employers in 2021, and provide guidance for navigating the associated employment issues facing employers, including with respect to:…

Securities Law Exchange

SEC Adopts New E-Signature Rules

By Kevin Douglas

January 5, 2021

On November 17, 2020, the Securities and Exchange Commission (SEC) adopted rules (which are now effective) permitting electronic signatures for SEC filings, provided that certain procedures are followed. There are potential advantages to the utilization of e-signatures by public companies in SEC filings, including from a facilitation perspective (particularly for filings such as registration statements and 10-Ks which need to be signed by a significant number of individuals) and a record-keeping perspective. Overview of E-Signature…

Securities Law Exchange

Tribute to Jim Cheek

By Todd Rolapp

January 4, 2021

2020 marked Jim Cheek’s 50th year with Bass, Berry & Sims. I have been invited by our corporate and securities partners as a guest author on the Securities Law Exchange Blog to share and celebrate all that Jim has meant to our firm, and the Corporate and Securities Bar. Jim shaped what Bass, Berry & Sims is today, and his influence is felt way beyond the Nashville borders by practitioners, executives, and many friends. Jim…

Inside the FCA

Key False Claims Act Cases in 2020

By Matt Curley & Brian Roark

December 29, 2020

As 2020 draws to a close, we take a look back at a number of the most significant False Claims Act (FCA) cases of the prior 12 months. Although no blockbuster cases emerged, such as the Supreme Court’s 2016 decision in Escobar, there were a number of noteworthy cases that will have lasting impact on future FCA litigation. We discuss those cases briefly below. We expect to cover these cases and much more in our…

HR Law Talk

New Relief Bill Does Not Extend FFCRA Requirements but Does Encourage Voluntary Extension

By Robert Horton

December 22, 2020

As passed back in March 2020, the Families First Coronavirus Response Act (FFCRA)’s Emergency Paid Sick Leave (EPSL) Act and Emergency Family and Medical Leave Act (EFMLA) requirements by which employers with less than 500 employees must provide paid leave for certain COVID-19-related circumstances will expire as of December 31, 2020. The Coronavirus Response and Relief Supplemental Appropriations Act (Supplemental Bill) passed by Congress on December 21 does not extend those requirements beyond the December…

Bass, Berry & Sims PLC

Bass, Berry & Sims PLC Blogs

Blog Authors

2021 Tennessee Procurement Opportunities Conference

An Ounce of Prevention: Effective Corporate Policies for Dealing with Government Investigations and Inquires

Improper Billing of “P-Stim” Devices is Focus of Recent FCA Settlements

FCPA Update: Enforcement Continues

Federal Circuit Confirms DoD Contractor’s Expanded Restrictions on Non-Government Parties Rights in Data

Labor & Employment Law Update: Lessons Learned from COVID-19 and What to Expect under the Biden Administration

SEC Adopts New E-Signature Rules

Tribute to Jim Cheek

Key False Claims Act Cases in 2020

New Relief Bill Does Not Extend FFCRA Requirements but Does Encourage Voluntary Extension

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