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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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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:…
New Enforcement Plan, Recent Court Filing Can Help Flesh Out UFLPA Obligations
On April 5, the Department of Homeland Security (DHS) announced a plan to crack down on illicit trade in the textile industry. The announcement comes as DHS has been urged, especially by the textile industry, to more proactively and fully…
Welfare Plan Class Action Litigation Underscores Importance of Minding Your Fiduciary Duties
As mentioned in our recent blog post, the recently filed class action lawsuit against Johnson & Johnson (Lewandowski v. Johnson & Johnson et. al., D.N.J., No. 1:24-cv-00671 (Feb. 5, 2024)) over alleged excessive prescription drug costs takes a new…
The United States Intervenes in its First False Claims Act Cybersecurity Case
The United States notified the U.S. District Court for the Northern District of Georgia that it plans to intervene in a False Claims Act case filed against Georgia Tech Research Corporation (Georgia Tech) by its Associate Director of Cybersecurity and…
Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues
On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Security Act) and the solicitation’s System for Award…
OFCCP Requires Affirmative Action Program Certification by July 1
On April 1, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) opened its Contractor Portal for its annual Affirmative Action Program (AAP) certification. Covered federal contractors and subcontractors have until July 1 to sign in and certify…
Caution! Contents Hot: Key Benefits Issues to Watch During the Remainder of 2024
While the sweltering roil of temporary regulatory changes related to the COVID-19 pandemic may have cooled and the initial burst of SECURE 2.0 steam begins to dissipate, sponsors of employee benefit plans should keep their eyes on several hot button…
Bid Protest Minute: Avoiding the Timeliness Trap
On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely.…
Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria
On March 12, the Department of Defense (DOD) promulgated a final rule that expands the eligibility criteria for the Defense Industrial Base (DIB) Cybersecurity Program, a voluntary initiative aimed at bolstering the DIB’s ability to safeguard critical information.…