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

EBITDA Margins Are Non-GAAP Measures Also

By Jay Knight

July 6, 2020

A recent SEC comment letter contained an exchange in which the Staff, in connection with a 10-K review, reminded the registrant to give equal prominence to the comparable margins computed on a GAAP basis wherever EBITDA margin and adjusted EBITDA margin were disclosed. As a reminder, in the SEC’s Adopting Release titled “Conditions for Use of Non-GAAP Financial Measures” (Release No. 33-8176), the SEC states, “An example of a ratio that would not be…

GovCon & Trade

Key Takeaways from the COVID-19 M&A Environment: Government Contracts Dealmaker Perspectives Webinar

By Jason Northcutt, Todd Overman & John Adgent

June 30, 2020

On Wednesday, June 24, Bass, Berry & Sims continued its COVID-19 M&A Environment: Dealmaker Perspectives Webinar series with leading professionals in the government contracts services industry. The panelists included Bass, Berry & Sims members Jason Northcutt and Todd Overman, who were joined by Craig Reed, Chief Growth Officer and Senior Vice President at Serco; Kate Troendle, Director at KippsDeSanto & Company; and Eric Wolking, Operating Partner at Bluestone Investment Partners. A recording of the webinar…

Securities Law Exchange

Happy Filer Status Day! Remember to Check the New SEC Definitions for Accelerated Filer and Large Accelerated Filer

By Tim Van Hal

June 30, 2020

Today, June 30, is the reference date for calendar year-end companies to calculate next year’s filer status, as well as the aggregate market value of equity held by non-affiliates (i.e., public float) for purposes of inclusion in the annual report on Form 10-K to be filed in early 2021. In preparing these calculations, it is important each year for counsel to apply the definitions of public float and the relevant filer statuses to ensure that…

GovCon & Trade

Subcontracts and Joint Ventures Pertaining to Construction and Engineering Firms (VIRTUAL EVENT)

By Bass, Berry & Sims

June 25, 2020

I am looking forward to participating in a panel session at the Memphis Construction Connections and Training Conference presented by the Tennessee Procurement Technical Assistance Center (PTAC), Tennessee Small Business Development Center, and City of Memphis Office of Business Diversity and Compliance. My panel will focus on issues surrounding the formation of subcontracts and joint ventures as they pertain to construction and engineering firms. Other panels will cover topics, including why mentoring is a must…

Inside the FCA

DOJ Brings COVID-19-Related Fraud Charges Against Tech Company President

By Hannah Webber

June 24, 2020

Earlier this month the Northern District of California unsealed a criminal complaint filed against the president of a medical technology company, charging him with one count of conspiracy to commit healthcare fraud and one count of securities fraud. This case is one of the Department of Justice’s (DOJ) first notable healthcare fraud prosecutions related to the COVID-19 pandemic and is the government’s first COVID-19-related prosecution for securities fraud. Arrayit Corporation, a California-based medical technology company…

GovCon & Trade

COVID-19 M&A Environment Dealmaker Perspectives Webinar Series: Government Contracts Dealmaker Perspectives

By Bass, Berry & Sims

June 18, 2020

Join Bass, Berry & Sims attorneys and leading industry dealmakers for a series of lively panel discussions focused on the nuts and bolts of executing a buy- or sell-side deal in a post-pandemic environment. Each discussion in this series will focus on industry-specific guidance, including food and beverage, retail and healthcare, among others. The June 24 installment of the series will focus on the government contracts services industry. With social distancing and travel limitations, regulatory…

HR Law Talk

Supreme Court Rules that Title VII Protects LGBTQ Employees

By Audrey Anderson, Doug Dahl, Tim K. Garrett, Brett Good & Kimberly Veirs

June 15, 2020

The U.S. Supreme Court issued a landmark decision on Monday, June 15, in the case of Bostock v. Clayton County, ruling that the prohibitions against discrimination “because of sex” contained in Title VII of the Civil Rights Act of 1964 (Title VII) extend to protect gay and transgender employees against workplace discrimination. Justice Neil Gorsuch delivered the opinion of the Court with Justices Alito and Kavanaugh each issuing dissenting opinions. In each of the three…

HR Law Talk

EEOC Update: COVID-19 Guidance on Various Workplace Discrimination Issues

By Mary Leigh Pirtle

June 12, 2020

The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance Q&A on June 11, addressing an employer’s handling of pandemic-related harassment, pregnant employees, employees with family members at higher risk of severe illness from COVID-19, and other workplace discrimination issues. Below is an overview of that guidance.…

HR Law Talk

Employer’s Obligation on Reporting COVID-19 as a Work-Related Illness – Updated OSHA Guidance

By Mary Leigh Pirtle

June 10, 2020

The Occupational Safety and Health Administration (OSHA) has issued new guidance regarding an employer’s obligation to record all COVID-19 illnesses among workers if the illness is “work-related.” This new obligation went into effect on May 26, 2020, and supersedes guidance issued in April. Recordkeeping Obligations Employers are responsible for recording cases of COVID-19 if all of the following requirements are met: The case is a confirmed case of COVID-19, as defined by the CDC.…

HR Law Talk

Reminder – Annual Deadline (July 31) to Report and Pay PCORI Fee is Approaching [Again!]

By Bass, Berry & Sims

June 10, 2020

Yes, that PCORI Fee—it’s back! About this time last year, we let you know that this filing and fee was coming due, and that it was the last time it would be required for a calendar year plan. Since that time, however, the requirement was extended another ten years (by the Further Consolidated Appropriations Act, 2020, signed into law on December 20, 2019). The annual filing (and fee payment) for applicable self-insured health plans and…

Bass, Berry & Sims PLC

Bass, Berry & Sims PLC Blogs

Blog Authors

EBITDA Margins Are Non-GAAP Measures Also

Key Takeaways from the COVID-19 M&A Environment: Government Contracts Dealmaker Perspectives Webinar

Happy Filer Status Day! Remember to Check the New SEC Definitions for Accelerated Filer and Large Accelerated Filer

Subcontracts and Joint Ventures Pertaining to Construction and Engineering Firms (VIRTUAL EVENT)

DOJ Brings COVID-19-Related Fraud Charges Against Tech Company President

COVID-19 M&A Environment Dealmaker Perspectives Webinar Series: Government Contracts Dealmaker Perspectives

Supreme Court Rules that Title VII Protects LGBTQ Employees

EEOC Update: COVID-19 Guidance on Various Workplace Discrimination Issues

Employer’s Obligation on Reporting COVID-19 as a Work-Related Illness – Updated OSHA Guidance

Reminder – Annual Deadline (July 31) to Report and Pay PCORI Fee is Approaching [Again!]

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