The Supreme Court of the United States issued four decisions today: Lucia v. SEC, No. 17-130: The Securities and Exchange Commission (“SEC”) is statutorily authorized to institute administrative proceedings against alleged… more

The Delaware Court of Chancery issued a post-trial decision determining that a director who refused to cooperate in remediating flaws in the company’s capital structure breached his fiduciary duty of loyalty and owed damages to the… more

In a case closely watched by the construction industry, the Massachusetts Supreme Judicial Court ("SJC") has overturned a Superior Court’s decision barring any recovery by the general contractor G4S (the "General") from the project… more

Spotify Technology S.A. went public on April 3, 2018 through a direct listing of its shares on the New York Stock Exchange. Key Points: ..A direct listing is an innovative structure that provides companies with an alternative to… more

In a 5-4 decision, the US Supreme Court today overruled its landmark decisions in Quill Corp. v. North Dakota and National Bellas Hess, Inc. v. Department of Revenue of Illinois, disposing of the “physical presence” rule that has… more

When a villain impersonates a property owner and runs off with the purchase money, which honest party should be liable for the loss: the true owner of the property, the seller's solicitor, the estate agent, the buyer's solicitor or the… more

On June 1, 2018, CMS issued further guidance for reporting and reviewing final adverse legal actions (ALAs) in provider enrollment applications. In Transmittal 797, which replaces Transmittal 784 to the Medicare Program Integrity… more

Following the Supreme Court’s landmark personal-jurisdiction decision in Bristol-Myers Squibb, federal district courts have continued to disagree about whether to apply the court’s holding to cases involving nationwide class actions… more

There are special estate tax planning considerations when a non-U.S. citizen spouse is part of the picture. To be clear, a non-U.S. citizen spouse may be living in the U.S. and even hold a green card, but he or she does not have U.S… more

A federal appeals court just breathed new life into a disability access lawsuit filed against restaurant chain Hooters, permitting a blind plaintiff who claims he could not access the company’s business website to proceed with his ADA… more

A recent decision from the Ninth Circuit Court of Appeals highlights an existing circuit split regarding appellate standing. Courts in the Fourth and Seventh Circuits have disagreed whether objection and attendance at a hearing are… more

In a recent 5-2 decision, the Massachusetts Supreme Judicial Court struck down a proposal, dubbed the “millionaire’s tax,” which sought to impose higher income taxes on Massachusetts residents who make $1 million or more per year. Had… more

It’s a small step, but at least it’s progress. Federal regulators made it easier this week for gig workers to obtain health insurance on a more cost-effective basis, which should help to shore up the ranks of gig workers and make… more

Dermatology, ophthalmology, radiology, urology? The list goes on. Yet, in any physician practice management transaction, the following six key considerations apply and, if not carefully managed, can derail a transaction: 1… more

On June 21, 2018, the US Supreme Court issued its highly-anticipated decision in South Dakota v. Wayfair, Inc., et al., No. 17-494. The 5-4 opinion was authored by Justice Kennedy and concluded that the physical presence requirement… more

On June 12, 2018, following its extraordinary meeting the day before in Strasbourg, the European Parliament’s Civil Liberties, Justice and Home Affairs Committee (“LIBE”) called on the European Commission (“Commission”) to suspend the… more

Online videos are powerful marketing tools. We’ve all been there when you watch one video on your phone and suddenly realize you’ve wasted hours watching clips of a dog skateboarding, a step-by-step tutorial on making a unicorn cake… more

Five years after the U.S. Supreme Court found in FTC v. Actavis, 570 U.S. 136 (2013), that large and unjustified payments from a brand pharmaceutical manufacturer to prevent generic entry can provide a basis for an antitrust claim (and… more

On June 21, 2018, by a split 5-4 decision, the United States Supreme Court held in favor of the State of South Dakota, ruling the state may impose a sales tax on certain taxpayers without a physical presence in that state. In South… more

Bass, Berry & Sims attorney Chris Lazarini discussed a case brought by the SEC against an individual broker accused of violations of Section 17(A) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934… more

In a highly anticipated decision issued today, the Supreme Court overruled decades of its own precedent and held that states can require out-of-state retailers to collect and remit sales tax proceeds, even if the business has no… more

On Monday the Supreme Court avoided deciding, once again, when, if ever, political gerrymandering violates the Constitution. In Gill v. Whitford, the Supreme Court was presented with startling evidence that Wisconsin legislators… more

In South Dakota v. Wayfair, Inc., the Court overrules the “physical presence” requirement as “unsound and incorrect” - The Court holds that the South Dakota law satisfies the Commerce Clause “substantial nexus” requirement based on… more

In a highly anticipated decision, the United States Supreme Court ruled the practice employed for years by the Securities and Exchange Commission of choosing administrative law judges to hear SEC enforcement actions, violates the… more

Peer Review Confidentiality will become much more complicated with the addition of economic evaluation to physicians’ quality and efficiency. Physicians will be surprised to learn that many “reviews” to which they may currently be… more