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Archive by tag: Berry & Sims PLCReturn

Chris Lazarini Examines Standards for Proving Breach of Fiduciary Duty

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a group of shareholders alleged the company and two individual defendants breached their fiduciary duties to shareholders, and an investment bank aided and abetted the alleged...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Nov 12,2019 |

Trump Revokes "Right of First Refusal" for Employees on Predecessor Contracts

On October 31, 2019, President Trump signed Executive Order (EO) 13897 – “Improving Federal Contractor Operations by Revoking Executive Order 13495.” Taking effect immediately, EO 13897 revokes EO 13495 previously issued by the Obama administration...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Nov 12,2019 |

Chris Lazarini Analyzes Case Claiming Entitlement to Funds Held in Trust After Sale of Business

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which two defendants – a former employee and a company that assisted in the sale of the business – both claimed entitlement to funds held by an attorney in trust following the sale of the...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Nov 06,2019 |

Chris Lazarini Outlines Court Decision to Uphold Permanent Injunction Against Broker

Bass, Berry & Sims attorney Chris Lazarini outlined a court’s decision to uphold a permanent injunction against a broker finding the appellate rules do not allow for an appeal as a matter of right. In this case, a bank sought preliminary and...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Oct 30,2019 |

How Do Mergers & Acquisitions Impact Pending Bids?

Given the continued high volume of mergers and acquisitions (M&A) transactions in the federal marketplace, buyers and sellers need to be aware of the developing body of case law at Government Accountability Office (GAO) and Court of Federal Claims...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Oct 29,2019 |

DOL Proposed Rule on Electronic Disclosures Could Help Alleviate Costs and Burdens on Employers and ERISA Plan Administrators

On October 23, 2019, the Department of Labor (DOL) published a proposed rule that, if finalized in its current form, would make it easier for retirement plan administrators to use electronic media to furnish information to participants and...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Oct 25,2019 |

(Another) Big Bank Pays FCPA Penalty for Hiring Practice

• A payment to a government official can take many forms. • The SEC charges bank for books and records violation even absent a bribery charge. • Industry-wide enforcement is a continuing tactic for U.S. regulators. On September 27, 2019, Barclays...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Oct 24,2019 |

Chris Lazarini Provides Insight on the Four Factors to Consider when Temporary Injunctive Relief is Requested

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a plaintiff’s request for a temporary restraining order (TRO) against former employees who allegedly stole confidential client contact information prior to resigning from...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Oct 23,2019 |

New HSR Annual Report Indicates Trends of Agency Challenges to Transactions, Renewed Interest in Healthcare Transactions

The 2018 Hart-Scott-Rodino Annual Report (the 2018 HSR Report), recently released by the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division, conveys information about their review of transactions in the fiscal...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Oct 23,2019 |

What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?

Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to do so may result in...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Oct 15,2019 |
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