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

Securities Law Exchange

A Survey of Recent SEC Comment Letters on Human Capital Disclosures

By Jay Knight & Grant Hauss

July 30, 2021

Late last year, the Securities and Exchange Commission (SEC) adopted amendments to modernize the description of business, legal proceedings, and risk factor disclosures that registrants are required to make according to Regulation S-K. An important component of these updates was the new requirement in Item 101 (Description of Business) of Regulation S-K to require registrants to make certain human capital disclosures to the extent material to an understanding of its business as a whole. The…

Securities Law Exchange

A Glimpse into Required Climate Risk Disclosure Considerations by the SEC

By Sehrish Siddiqui

July 30, 2021

On July 28, Securities and Exchange Commission (SEC) Chair Gary Gensler delivered remarks at the Principles for Responsible Investment’s Climate and Global Financial Markets Webinar. In his remarks, he offered a glimpse of responses received by SEC Commissioner Allison Herren Lee to her March 2021 call for input on climate change disclosures. (See our recent blog post summarizing recent efforts by the Biden administration.) Chairman Gensler also covered some of the items he has…

HR Law Talk

Key Considerations for Emerging Companies: Employment Law Risks

By Mary Leigh Pirtle

July 22, 2021

The first few years of operations can be an overwhelming task for emerging companies, especially when it comes to navigating the wide range of employment laws that come with hiring new members of the team. Below is a list of issues to be aware of as you build and structure your workforce. Continue reading to learn some best practices for circumventing legal risks related to: Hiring. Employee classification. Wages. Employment contracts. Employment policies. Continue reading …

Inside the FCA

False Claims Act Cases in Home Health Sector

By Brian Roark

July 19, 2021

I recently discussed the trends related to False Claims Act (FCA) settlements in the home health sector, as revealed in the Healthcare Fraud & Abuse Settlements Database which we launched earlier this year. The database was part of the comprehensive Healthcare Fraud & Abuse Resource Center that provides an overview of FCA enforcement settlements, court decisions, updates involving the Stark Law and Anti-Kickback Statute, and other developments affecting the healthcare industry. “We wanted to create…

Securities Law Exchange

“You Cannot Direct the Wind, But You Can Adjust Your Sails.” – The SEC Speaks on a Board’s Role in ESG Matters

By Sehrish Siddiqui

July 19, 2021

On June 28, Commissioner Allison Herren Lee delivered the Keynote Address at the 2021 Society for Corporate Governance National Conference. In it, she spoke on the ever-increasing role a company’s board of directors has within the environmental, social and governance (ESG) space. Notably, she provided some “key steps” for boards seeking to embrace their growing role in ESG matters and capitalize on the opportunities they present. Some of these key steps are highlighted below:…

HR Law Talk

Rights of Tennessee Employers to Bar Firearms and Weapons in the Workplace Remains Unchanged

By Mary Leigh Pirtle

July 19, 2021

Effective July 1, 2021, Tennessee’s Constitution Carry law allows individuals over the age of 21 (or military members between ages 18 to 20) to carry a firearm, both concealed and open, with or without a carry permit. However, this new law does not impact a private Tennessee business’ right to prohibit the possession of weapons on its property, including possession by employees; provided, the business displays the required notice outlined in T.C.A. Section 39-17-1359 and…

HR Law Talk

New Bathroom Requirement for Tennessee Businesses Effective July 1, 2021

By Mary Leigh Pirtle

July 16, 2021

Please note that this blog post was updated on July 16, 2021 with information about the bill being deferred. Update: New Bathroom Requirement for Tennessee Businesses Deferred The United States District Court for the Middle District of Tennessee has temporarily enjoined the recently enacted legislation requiring all Tennessee public and private businesses to post a notice to the extent it has a formal or informal policy allowing a member of either biological sex to use…

HR Law Talk

DOL Begins Audit of Retirement Plans for Cybersecurity Shortfalls

By Bass, Berry & Sims Employee Benefits Practice

July 14, 2021

To increase protections for the estimated $9.3 trillion in American retirement assets, the Department of Labor (DOL) has begun a new cybersecurity audit initiative for retirement plans. After providing its first set of guidance on cybersecurity in April, the DOL quickly began the audit initiative by issuing information and document requests to numerous 401(k) plan fiduciaries. The DOL has stated that ERISA requires plan fiduciaries to take appropriate precautions to mitigate the risks of cybercrime…

Securities Law Exchange

ESG, SEC and the World Around Us

By Sehrish Siddiqui

July 8, 2021

We’ve seen the many efforts by the Securities and Exchange Commission (SEC) to regulate environmental, social and governance (ESG) disclosure on the domestic front (see here for our blog post that summarizes recent activity). Alongside these efforts, the SEC has not overlooked support for global ESG standards to address this global matter. Earlier this year, then-acting SEC Corporation Finance Director John Coates (and as of June 21, 2021, SEC General Counsel) expressed interest …

Inside the FCA

Telehealth Scrutiny Following COVID-19 Pandemic

By Taylor Chenery

July 7, 2021

During the COVID-19 pandemic, many healthcare providers have relied on telehealth options to provide patients access to care. But, as I discussed in a recent article for Physicians Practice, “As long as utilization of telehealth services remains high, corresponding scrutiny and government enforcement efforts will remain focused on this area.” In the article, I recommend ways that physicians and other providers can prepare for this additional scrutiny:…

Bass, Berry & Sims PLC

Bass, Berry & Sims PLC Blogs

Blog Authors

A Survey of Recent SEC Comment Letters on Human Capital Disclosures

A Glimpse into Required Climate Risk Disclosure Considerations by the SEC

Key Considerations for Emerging Companies: Employment Law Risks

False Claims Act Cases in Home Health Sector

“You Cannot Direct the Wind, But You Can Adjust Your Sails.” – The SEC Speaks on a Board’s Role in ESG Matters

Rights of Tennessee Employers to Bar Firearms and Weapons in the Workplace Remains Unchanged

New Bathroom Requirement for Tennessee Businesses Effective July 1, 2021

DOL Begins Audit of Retirement Plans for Cybersecurity Shortfalls

ESG, SEC and the World Around Us

Telehealth Scrutiny Following COVID-19 Pandemic

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