IN FOCUS: LITIGATION FINANCE
Litigation finance is a complex industry that is growing in scope and demand. It encompasses any transaction in which a legal claim is used as collateral to secure financing from an outside party. In commercial litigation funding, the litigation funder provides capital to a corporate claimant or law firm in exchange for an interest in the outcome of one or more cases.
The new In Focus: Litigation Financeprovides litigation, transactional, and broker-dealer resources, including an expanding collection of Practical Guidance. The page also highlights the results from Bloomberg Law’s Commercial Litigation Finance Survey, which examines the scope, process, and expectations around financing litigations.
LAW X.0 PODCAST – Litigation Funding Matures & Hits Big Law
A recent Law X.0 podcast – Litigation Funding Matures & Hits Big Law – features founder and managing partner of Westfleet Advisors, Charles Agee, who discusses the maturing litigation finance industry, as well as how law firms can use litigation finance as a business development tool.
BLOOMBERG LAW 2020
Bloomberg Law 2020 sets the stage for the themes and topics that our legal analyst teams will be watching closely. Leveraging the latest data and technology, these pieces deliver expert perspectives on the legal industry. Currently, there are more than 30 articles available outside the paywall. The pieces cut across four major topics – Privacy & Data Security, Transactions, Future of Law, and ESG & Climate – and include links to related analysis and other content on the Bloomberg Law platform.
Four new corporate Chart Builders have been added to the Bloomberg Law platform.
The State Appraisal Rights Chart Builder covers the process through which dissenting shareholders of a corporation being acquired in a merger or acquisition can request the acquiring corporation to assess and pay them fair value for their shares. The Chart Builder addresses topics such as which types of shares are covered by such laws, the required contents of notices from the corporation to its shareholders, and the consequences that dissent has on the rights of the shareholder.
The State Appraisal Rights Timeline Chart Builder covers the various steps in the appraisal rights process, with a focus on the timing, required contents, and consequences of certain legal filings and notices.
The State Directors & Officers Indemnification & Insurance Laws Chart Builder covers the state laws applicable to a corporation’s indemnification of its officers and directors from liability that results from actions taken in their official capacity with the corporation. The chart covers topics such as when indemnification is mandatory, when a corporation may purchase insurance for its directors and officers, and when a corporation may extend indemnification to employees and agents.
The State Directors & Officers Indemnification Industry Survey Chart Builder covers the state laws applicable to indemnification of directors and officers by entities other than traditional corporations. Covered entities include nonprofit corporations, credit unions, LLCs, and fraternal benefit societies.
All four Chart Builders can be found on the Corporate Practice Center, in the Chart Builder drop down, as well as in the Corporate & Securities drop down on the Chart Builders & State Law Surveys page. You can also find them on the Chart Builder homepage.
Banking & Finance
The Money Transmission: Licensing Exemptions Chart Builder on the Banking & Finance Practice Center has been significantly expanded to 40 topics, comparing state law exemptions in all 50 states and the District of Columbia. It is also available on the Chart Builders homepage.
In 2016, in response to concerns about human health, the Environmental Protection Agency established health advisory levels of 70 parts per trillion for two of the most prominent PFAS chemicals, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). To date, mandatory limits have not yet been promulgated. In the absence of federal action, several states have developed or are developing regulations to address the problem. Bloomberg Law’s new State PFAS Actions Tracker on the Environmental & Safety Practice Center is trackingthese developments.
ENHANCED SEARCH FUNCTIONALITY
All domestic and international privacy profiles can now be found using autocomplete in the Search Bar. If you type the name of a state or country within our database, a list of matching suggestions will appear. Currently, there are 48 (47 states and the District of Columbia) domestic profiles and 67 international profiles.
PODCAST – LAW X.0
Bloomberg Law’s Analysis Unit has launched a new podcast, Law X.0, uncovering and analyzing trends in litigation, regulation and compliance, transactions, legal operations, and additional areas. Podcast Law X.0 welcomes innovators and influencers in law and the legal industry. Each Law X.0 episode will be summarized and posted on Bloomberg Law’s Analysis Channel. A recent podcast – Is YouTube’s $170M FTC Settlement Kid Stuff – includes an interview with Kristin Cohen, Assistant Director of Privacy & Identity Protection at the FTC.
Selecting the form in which a business will operate is one of the most significant decisions a client starting a new business or continuing an existing one will have to make. New Practical Guidance – Entity Formation Toolkit– identifies the factors that will help your client make an informed decision and provides all the content necessary to form and document the new entity. The Entity Formation Toolkit is available on the Corporate Practice Center’s Alternative Entities practice page and the Transactional Intelligence Center.
Professional Perspectives are a type of Practical Guidance that discuss a legal development with current impact on clients or the practice of law. Recent additions include CFIUS Contextual Control: Dealmaking Under FIRRMA (author John Lash of Control Risks); and Mitigating the Risk of Enforcement Actions and Litigation from ‘No Poach’ and Other Agreements (authors Colin West, Brian Rocca, Mark Krotoski, Jordan Mundell of Morgan Lewis).
Bloomberg Law news now has a new landing page that highlights our best legal news stories of the day, across all practice areas, available to the general public at news.bloomberglaw.com. We have also refreshed the landing pages for the individual news channels. See, for example, HealthLaw & Business News.
In Focus: Opioid Litigation
The Opioid Litigation In-Focus page now features a search of state court cases that have not yet been removed to federal court and included in Multidistrict Litigation. See State Court Cases (Non-MDL) for a complete listing.
Labor & Employment
A new International White Paper, Creating a Diverse and Inclusive Workforce at Home and Abroad, has been added to the International page on the Labor & Employment Practice Center. Author Susan McCune, Director of Global Account Management at SIRVA, discusses strategies for cultivating an inclusive and welcoming environment.
The Quarterly Union Wage Data Reports for Quarter 1 and Quarter 2 are now live on the Labor and Employment Practice Center. Bloomberg Law analyzed the wage increases negotiated in 394 collective bargaining agreements ratified in the first half of 2019. The wage data, covering a total of 558,330 union workers, were calculated using Bloomberg Law’s database of U.S. wage settlements.
New training videos on Smart Code, Global Patents, and Using Search are available on Bloomberg Law’s Help Center. There are now 13 training videos covering the tools, content, features, and functionality that help make Bloomberg Law a unique legal and business research platform.
PRINT/DOWNLOAD: BOOKS & MANUALS
Bloomberg Law complete subscribers now have the ability to download the entire document hierarchy – all the way up to full volumes – of Books & Manuals on Bloomberg Law. Previously, this functionality was available only for Portfolios.
New Practical Guidance -- Threshold Issues & Defenses -- addresses critical issues that should be considered during the initial stages of litigation, including topics such as justiciability (standing, mootness, ripeness, political question), preemption, choice of law, preclusion (law of the case, res judicata, collateral estoppel), sovereign immunity, abstention, and arbitration. Threshold Issues & Defenses is accessible on the Litigation Resources page and the Practical Guidance homepage.
Environmental & Safety
Five new Practical Guidance suites on Air Quality, Water Quality & Wetlands, Chemical Regulation & Right-to-Know, Waste Management, and Environmental Disclosures, Transactions & Brownfields have been added to the Environmental & Safety Practice Center and the Practical Guidance homepage. Each Practical Guidance suite is organized by relevant subtopics and includes helpful overviews, forms, glossaries, timelines, checklists, professional perspectives, and state Chart Builders.
Labor & Employment
New, robust Practical Guidance pages are replacing the older step-by-step approach, presenting materials in a user-friendly format that includes both Practical Guidance documents and state Chart Builders. This enhancement streamlines the presentation of Practical Guidance by consolidating related Practical Guidance tools, forms, and checklists into topic pages with relevant subtopics. For instance, the Disability Discrimination & Accommodation topic page replaces four step-by-step pages -- Assess Undue Hardships under the ADA; Comply with ADA Reasonable Accommodation Rules; Examine if a Worker Poses a Direct Threat (ADA); and Understand the Interplay between FMLA & ADA.
Two such enhancements of Labor & Employment Practical Guidance have been rolled out to date with more planned in the coming weeks. See the Labor & Employment Practical Guidance Library as well as the Practical Guidance homepage.
In Focus: Deal Points
New 2019 M&A Deal Terms Studies have been added to In Focus: Deal Points.
The documents have been created through an ongoing partnership with SRS
Acquiom, the shareholder representative service that has one of the
largest collections of private deal documents in the U.S. The new M&A
Deal Terms Studies include:
Purchase Price (2019)
Post-Closing Adjustments (2019)
Pervasive Qualifiers (2019)
Representations and Warranties Covenants (2019)
Closing Conditions (2019)
Indemnification-Baskets & Caps (2019)
Dispute Resolution (2019)
Labor & Employment
A new International white paper -- Global Efforts to Combat Human Rights Abuses in Supply Chains -- discusses actions taken by the U.S. and other countries, as well as by nongovernmental organizations, to combat human rights abuses and the implications for businesses as they adapt and comply. Authored by Robert P. Lewis, Kevin Coon, and Chris Burkett, all of Baker McKenzie, the white paper is available on the International page on the Labor & Employment Practice Center.
A new collection of Practical Guidance, Communications Law, including overviews and checklists provides guidance on assignments and transfers of wireless services and on complying with FCC regulations governing the treatment of Customer Proprietary Network Information (CPNI). The new collection can be found on the Tech & Telecom PracticeCenter’s homepage, the Communications Law practice page, and on the Practical Guidance homepage.
Privacy & Data Security
A new comparison tool, LGPD vs. GDPR, comparing aspects of Brazil’s new data protection law to the GDPR has been added to the Privacy & Data Security Practice Center. The comparison chart is helpful for practitioners seeking guidance related to processing personal data in Brazil, EU countries, and other GDPR-covered jurisdictions. It is available on the Privacy & Data Security: International Resources page under International Practical Guidance.
A new collection of Practical Guidance, Patentability Principles, has been added to the Practical Guidance: Patent Filing Considerations page on the Patents & Trade Secrets Practice Center. This collection includes overviews as well as a flowchart on 2019 Revised Patent Subject-Matter Eligibility Guidance.
In Focus: Cannabis
Major enhancements have been made to the In Focus: Cannabis page, including the addition of law firm client alerts, Chart Builders featuring Labor & Employment material, transactional resources, cannabis-related patents, and tax developments. News searches have been included to show more legal cannabis news, current Insights articles, and U.S. & Canada cannabis company profiles. In Focus: Cannabis is available on the Health Practice Center, the Transactional Intelligence Center, and the In Focus homepage.
Banking & Finance
A new Chart Builder, General Lending: Licensing Requirements, summarizes the license application process in all 50 states and the District of Columbia for generally-applicable lending licenses. Existing Banking Chart Builders cover the licensing requirements for specific types of loans such as payday loans, title loans, and high-interest small dollar loans. The new General Lending Chart Builder covers loans that do not fit into those narrow categories. It will provide useful information for any non-bank lender seeking to comply with the patchwork of state licensing requirements that apply to the lending industry. It is available on the Banking & Finance Practice Center and the Chart Builders homepage.
Labor & Employment
A new International White Paper, The Impact of Mass Layoffs on Foreign Nationals, discusses the implications of layoffs on foreign national employees including their potential impact on immigration status. The article by attorney Miatrai Brown, Ogletree Deakins, is available on the Labor & Employment Practice Center’s International page.
Users now have the ability to print any Bloomberg Law Portfolio in its entirety. Previously, this functionality was available only for Tax Portfolios within Tax & Accounting products.
SEARCH: ENHANCEMENTS TO AUTOCOMPLETE FEATURE
Subscribers can now find all of our Chart Builders, In Focus Pages, and Practical Guidance documents through the autocomplete feature when searching Bloomberg Law. Simply type the name of a Chart Builder, In Focus page, or Practical Guidance document and relevant options will appear directly under the Go Bar.
The pages and documents added to the autocomplete bar include 45 In Focus pages, 183 Chart Builders, and 4700+ Practical Guidance documents. Practical Guidance documents will be available as autocomplete options in the Transactional and Litigation Intelligence Centers, as well as in the full search of the Bloomberg Law platform. In Focus pages and Chart Builders will appear as options in all Practice Center searches.
IN FOCUS RESOURCES
In Focus: Telephone Consumer Protection Act
The In Focus: Telephone Consumer Protection Act provides coverage of news, and legal and legislative developments on the issue of unwanted telephone calls, including robocalls. The content includes FCC and FTC regulations, orders, proposals, federal caselaw including U.S. Supreme Court docket watch, proposed federal legislation, and practitioner insights. Planned enhancements include coverage of state caselaw as well as enacted and proposed state legislation. It is available on the In Focus homepage as well as the Tech & Telecom Practice Center.
Accountable Care Organizations
Federal content has been added to the Accountable Care Organizations Chart Builder. This new information covers the Medicare Shared Savings Program, which has allowed ACOs to bill Medicare for services. New Chart Builder coverage includes both the federal statute and the regulations governing the program and it is the last of the nine federal additions to the Health Law Chart Builders. This chart is located on the Health Practice Center and on the Chart Builders homepage.
Labor & Employment
A new International White Paper – Gender Pay Gap Reporting Obligations – has been added to the International page on the Labor & Employment Practice Center. The gender pay gap is an issue common to workplaces across the world, but methods of tackling it vary widely. Emanuela Nespoli, Partner, Toffoletta De Luca Tamajo e Soci, reports the result of a multijurisdictional survey on gender pay gap reporting obligations conducted by Ius Laboris, the largest international alliance of legal specialists in labor, employment, and pension law.
Bloomberg Law's Litigation Practical Guidance includes overviews, checklists, and sample forms and filings that walk users through the legal and logistical issues related to initiating and defending litigation. Bloomberg Law's unique integration of content, functionality, and tools such as Points of Law, Smart Code, and Docket Key -- combined with the guidance of litigation experts -- walks users quickly through the stages of pretrial practice and anticipates procedural next steps. Litigation Practical Guidance is available on the Litigation Intelligence Center and the Practical Guidance homepage.
Bloomberg Law's Practical Guidance now includes a clickable Table of Contents allowing for easy navigation throughout a document; links to Related Content in the right rail of each Practical Guidance page; and a Toggle switch allowing users to select a page view with or without annotations or other commentary, as well as corresponding print options.
IN FOCUS RESOURCES
In Focus: Legal Operations
New In Focus: Legal Operations provides news, analysis, and practical guidance on legal operations, a multidisciplinary approach to managing a corporate legal office or law firm that aims to improve the organization's efficiency, productivity, and profitability. One of the principal means of achieving those ends is the adoption of technological solutions to reduce professional time loss. The new page includes a new, proprietary survey on the state of legal operations and legal technology.
In Focus: Mobile Health Technology
Mobile health technology innovation is developing at a rapid pace, with a wide variety of actual and potential functions offering benefits to patients and health care providers. These technologies also come with risks to public health, so federal agencies such as the FTC, FDA, and HHS OCR provide oversight of them through various regulatory authority. Precisely what regulatory schemes a particular mobile health app is subject to is a complicated determination. The new In Focus: Mobile Health Technology page offers resources to help those advising app developers, and those who use such apps in providing care to patients, to determine what regulations they need to follow and what compliance issues they should consider on an ongoing basis.
In Focus: Right-to-Work
Now that a majority of U.S. states have right-to-work laws (laws that forbid requiring nonunion employees to join a union or to pay union dues as a requirement of employment), scrutiny of such laws is on the rise. The new In Focus: Right-to-Work Laws provides news, analysis, recent court opinions, and additional coverage including opposing professional perspectives by Irwin H. Cutler, Jr. (Union Challenges Under Right to Work Law) and David L. Barron (Right to Work Laws: It's All About Free Markets and Employee Choice).
Bloomberg Law's proprietary docket filing classification system, Docket Key®, now includes filings from 20 additional federal district courts. The updated user interface makes it easier than ever to locate filings. Docket Key is available on the Litigation Intelligence Center.
- Users can filter by Location (state) or Topic on the left-hand side (and by affected entity type for the legislative alert), or by keyword using the search bar at the top.
- The display features a table view that shows the summary of the activity, along with a link to more information on the proposed regulation or legislation, including the full text of the proposal and, if applicable, links to current code sections affected by the proposal.
- Columns in the table can be customized by users.
- Users can set up an alert over the filtered results and/or add them to a workspace or dashboard.
Users who have set up alert emails or dashboards in the previous view will transition seamlessly to the same topics with the new view. Users' emails will not change.
Labor & Employment
The 2019 Employer Bargaining Objectives Report is now available on the Labor & Employment Practice Center. This annual report details survey findings from 114 participating employers regarding their plans and objectives heading into collective bargaining in 2019.
Privacy & Data Security Practice Portfolio Series 560: Cybersecurity Governance: A Guide for Corporate Officers, Directors and General Counsel is a new practical guide for corporate leaders, board members, and others within an organization tasked with the governance of privacy and data security risks. It is treatise-like and intended to be a "user-friendly" guide on board oversight of cyber-risk management. It was authored by Craig Newman, who chairs Patterson Belknap Webb & Tyler's Privacy & Data Security Group, Peter Nelson, and other experts within the firm. The portfolio is available on the Privacy & Data Security Practice Center.
BLOOMBERG LAW TRAINING VIDEOS
Ten new Bloomberg Law product training videos have been added to the Bloomberg Law platform. Each training video, around 4-5 minutes in length, provides a topical, step-by-step tutorial on the content, tools, and functionality that distinguish Bloomberg Law; including videos on Dockets, Practitioner Tools, Practical Guidance, Points of Law, and Precedent Search.
The videos are available on Bloomberg Law Help at: Training Videos and on YouTube at: https://www.youtube.com/playlist?list=PL_500m6Wb0whyomViH6VkfGN5Olro_ihM
PROFESSIONAL RESPONSIBILITY RESOURCES
A new practice page -- the ABA/Bloomberg Law Lawyers' Manual on Professional Conduct -- is a one-stop resource to access authoritative guidance on professional responsibility law and malpractice, including in-depth analysis of ethics requirements; full text of ABA ethics opinions; ABA Model Rules; summaries of ethics opinions for more than 60 state and local jurisdictions; and the latest news and analysis of issues in the field of legal ethics.
The Bloomberg Law Analysis Channel, available to Bloomberg Law complete subscribers, serves as a platform through which our subject matter expert legal analysts and data scientists push out data-driven thought leadership to clients and the broader legal market. Here are samples of recent analyses published on this new channel
ANALYSIS: Legal Tech Investments Top $400M in Q1 by Meg McEvoy
ANALYSIS: Shutdown & New Legal Bulletin Shape 2019 Proxy Season by Peter Rasmussen
Practical Guidance documents now include a Related Content menu that links to related Bloomberg Law content types, including other Practical Guidance, Precedent Documents & Clauses, Laws & Regulations, BNA Portfolios, and Books & Treatises.
In Focus: Fannie-Freddie Conservatorship covers the legal issues surrounding the Federal Housing Finance Agency's (FHFA) ongoing conservatorship of Fannie Mae and Freddie Mac. In the aftermath of the financial crisis of 2008, Fannie and Freddie -- government sponsored enterprises (GSEs) with private investors -- required a bailout from the U.S. Treasury. The newly-created FHFA was appointed as conservator of the two GSEs, and a deal was reached with the Treasury in which all profits and net worth would be given back to the Treasury rather than to Fannie and Freddie's investors. This In Focus page compiles agency materials regarding the conservatorship, examines a recent Trump administration plan to end the conservatorship, and discusses litigation involving Fannie and Freddie's aggrieved investors. The page can be found on the Banking & Finance Practice Center, as well as the Banking Operations & Compliance practice page and the Real Estate practice page.
Tech & Telecom
On November 1, 2018, the Attorney General announced the DOJ China Initiative to combat Chinese economic espionage. The goals include identifying priority Chinese trade theft cases, ensuring that the DOJ dedicates sufficient resources to them and concludes them quickly and effectively. The new In Focus: DOJ China Initiative gathers information about the China Initiative, related DOJ actions, and antecedents to the China Initiative that involved the same legal issues. The page is available via the In Focus Homepage, on the Patents & Trade Secrets Practice Center, and on the Tech & Telecom Practice Center.
As self-driving technology gains broader acceptance and use, motor vehicle claim handlers and litigators must prepare for a shift in liability theories and analysis. A new three-part series on the litigation landscape surrounding autonomous vehicles authored by attorneys from Hughes Hubbard & Reed LLP has been added to our In Focus: Autonomous Vehicles, including:
The series is available on the In Focus Homepage and on the Tech & Telecom Practice Center
Labor & Employment
The new Family Leave Insurance Programs Tracker covers state-run programs that provide workers with partial wage replacement when they take leave for a family member's serious health condition, the birth or adoption of their child, the placement of a foster child with the worker, or qualifying exigencies related to a family member's current or impending active duty in the U.S. armed forces. The programs are funded by a mix of employer/employee contributions, and benefits are capped at a certain number of weeks in a year. The tracker is available on the Labor & Employment Practice Center under Trackers and Practice Tools, as well as on the Trackers Homepage.
Labor & Employment
A new International Whitepaper, Mental Health and Employer Liability, has been added to the International page on the Labor & Employment Practice Center. The author, Rensia Melles, Founder, Integral Workplace Health, discusses the nature of the changing employer liability for worker mental health; provides an overview of legislation in the U.S., Canada, and the EU; and provides recommendations regarding how employers should respond to this changing liability.
Labor & Employment
New Step-by-Step: Prepare for & Take Oral Depositions in employment cases surfaces more than 50 resources on Bloomberg Law for defense and plaintiffs' attorneys who must question complainants, defendants, and witnesses in a variety of situations. The resources include sample questions, tips on conducting depositions, and sample litigation documents. This page is located on the Labor & Employment Practice Center, under the Labor & Employment Practical Guidance Library, as well as on the Practical Guidance Homepage.
Patents & Trade Secrets
A new Practical Guidance page -- Allowance and Fees -- includes guidance on amendments and relevant filing and maintenance fees. It is available on the Patents & Trade Secrets Practice Center, the Patent Prosecution Practice Page, and the Practical Guidance Homepage. Additional guidance on Patent Examinations, addressing expedited examinations, examiner interviews, and continuation applications has been added to the same locations. Also, patent prosecution Practical Guidance -- including professional perspectives, overviews, and checklists -- has been added to the existing Patent Application page.
The new Certificates of Need Chart Builder surveys regulations by state and addresses regulated entities, prohibitions, and licensing agencies. It is available on the Health Practice Center's Health Chart Builders page under Hospital & Provider Regulation, as well as on the Chart Builder Homepage.
The new Nurse Practitioner Scope of Practice Chart Builder compares how states regulate the scope of practice for nurse practitioners, and provides information about prescriptive authority and authority to practice as primary care providers. It is available on the Health Practice Center's Health Chart Builders page under Hospital & Provider Regulation, and on the main Chart Builder Homepage.
The new Physician Assistant Scope of Practice Chart Builder compares how states regulate the scope of practice for physician assistants and provides information about prescriptive authority and supervision requirements. It is available on the Health Practice Center's Health Chart Builders page under Hospital & Provider Regulation, and on the main Chart Builder Homepage.
Banking & Finance
The General Lending: Compliance Issues Chart Builder covers certain generally-applicable lending laws in all 50 states (plus DC) such as recordkeeping requirements, annual reporting requirements, license renewal fees and forms, and lending limits. The new Chart Builder is available on the Banking & Finance Homepage in the Chart Builders drop-down list, as well as on the Chart Builders Homepage.
The Student Loan Servicers: Licensing Requirements Chart Builder provides a survey of state laws regulating entities that service private education loans. The Chart Builder provides fast answers about which states require licenses for student loan servicers; which activities fall within the definitions for "servicing" student loans under state law; and what requirements must be satisfied by applicants for such licenses -- such as licensing fees, net worth requirements, and surety bond requirements. The new Chart Builder is available on the Banking & Finance Homepage in the chart builders drop-down list, as well as the on the Chart Builders Homepage.
The General Lending: Fees Chart Builder provides a survey of the various fees that may be charged by lenders of general consumer loans such as late fees, dishonored payment fees, and prepayment penalties. This Chart Builder addresses loans that don't fit within the labels of "small loan", "payday loan", or "title loan". It is available on the Banking & Finance Homepage in the Chart Builders drop-down list, as well as the on the Chart Builders Homepage.
Labor & Employment
Three new tools for monitoring litigation under the Fair Labor Standards Act are now available on the Labor & Employment Practice Center: Latest FLSA Cases on Federal Dockets; Latest Court Decisions on the FLSA; and FLSA Settlements in the News. The Trackers allow users to quickly monitor new lawsuits, recently issued opinions in federal and state courts, and reported settlements of claims. These tools utilize Bloomberg Law's extensive and continuously updated court and news databases and can be found on the Labor & Employment Practice Center's Homepage and the Employment Practice Page under Trackers & Practice Tools.
Three new tools for monitoring verdicts and settlements in employment discrimination cases are available on the Labor & Employment Practice Center: Employment Discrimination Verdicts & Settlements News; Discrimination Verdicts & Settlements Case Law; and Discrimination Settlements on Federal Dockets. The new Trackers allow users to quickly monitor recent verdicts and settlement activity in employment discrimination cases based on court opinions, federal dockets, and news reports. They are available on Labor & Employment Practice Center Homepage and on the Employment Practice Page under Trackers & Practice Tools.
Benefits & Executive Compensation
The In Focus: ERISA Litigation page includes essential background information on this federal law; a link to a search that replaces the ERISA Litigation Tracker (retired 3/31/19); and links to Practical Guidance, news searches, and more. This new resource can be accessed on the Benefits & Executive Compensation Practice Center Homepage, as well as on the In Focus Resources Homepage.
A new tool for monitoring case law developments in the area of intellectual property is available on the IP Law news channel on Bloomberg Law. The continuously updated In Brief tab on this channel allows users to gain the latest information on new IP-related decisions from the courts and the USPTO's Trademark Trial and Appeals Board. Significant decisions from the Patent Trial and Appeals Board will also be added to the In Brief tab soon. The IP Law News Channel is also available on the Patents & Trade Secrets Practice Center and on the Trademarks & Copyrights Practice Center under News.
Labor & Employment
A new Labor & Employment practitioners' resource page on Wages, Hours, and Leave on the Labor & Employment Practice Center provides quick, single location access to secondary content, Practical Guidance, opinions and dockets, and other tools relating to the Fair Labor Standards Act, the Family and Medical Leave Act, and related federal and state laws.
A new International Whitepaper, Gender Equality in the Workplace: How Far Will France Go?, has been added to the International Page on the Labor & Employment Practice Center. The authors, attorneys Julien Haure and Marine Hamon with Mayer Brown in Paris, provide an overview of French legal provisions that seek to promote gender equality in the workplace along with the latest reforms to reach and ensure "real and effective gender equality" as announced by the Ministry of Labour.
Two quarterly reports have been added to the Labor & Employment Practice Center: Job Absence & Turnover, 4th Quarter 2018, covers worker's unscheduled absences and turnover in the fourth quarter; Employment Outlook, 2nd Quarter 2019,covers hiring prospects for the current quarter. Both reports are available under Surveys & Reports under the Human Resources Link on the Labor & Employment Homepage.
Benefits & Executive Compensation
Banking & Finance
A new Banking Portfolio, BPS 450 -- Federal Regulation of Affiliate Transactions by Financial Institutions by Gordon Miller of Buckley LLP, was added to the Banking Practice Portfolio Series, featured on the Banking & Finance Practice Center. This Portfolio provides an overview of laws and regulation governing transactions between a financial institution and its affiliates -- primarily sections 23A and 23B of the Federal Reserve Act, and the Federal Reserve Board's Regulation W. The Portfolio also includes 17 practice tools that help the reader visualize the different organizational structures that may result in an affiliate relationship.
A new practical guidance collection for transactional attorneys engaged in a divestiture of a line of business or subsidiary Step-by-Step: Spinoff is available in the Transactional Intelligence Center's Practical Guidance Library under Mergers & Acquisitions. Including coverage of a spinoff based on an internal reorganization or in preparation of a sale, this step-by-step format will guide users through all the documents, research, and other preparation needed to conclude the transaction. This collection will be of interest to lawyers advising public companies on reorganization and private companies conducting transactions with spinoff entities.
A new collection of Practical Guidance documents has been organized in a Chemical Patents landing page on the Patents & Trade Secrets Practice Center. Chemical patents is a highly specialized practice area and this offering of overviews, strategies, checklists, and sample forms is designed to meet the unique drafting and validity requirements of chemical patents.
Privacy & Data Security
In the wake of the enactment of the California Consumer Privacy Act, a number of states have introduced copycat measures seeking to expand consumer privacy rights. Bloomberg Law's new Comprehensive Consumer Privacy Legislation Tracker keeps users abreast of these developments by providing summaries of the proposals and links to the underlying bills. Attorneys and compliance professionals may need to revise recommendations and best practices as they navigate a more complex regulatory landscape in light of these measures. The tracker is accessible via the Privacy & Data Security Practice Center homepage in the Practice Tools container.
Banking & Finance
In Focus: Legislation on Criminal Use of FinTech focuses on two bills that recently passed in the House of Representatives with bipartisan support. Both bills direct government agencies to take a closer look at how financial technology, such as virtual currency, is being used in the commission of crimes such as human trafficking or terrorism. The page provides summaries for each bill, as well as related bills from the previous congress, and important links. The new In Focus page can be found on the Banking and Finance Practice Center, as well as the In Focus Resources homepage.
In Focus: NYDFS Cybersecurity Regulations focuses on New York's cybersecurity regulations, which apply to banks, insurance companies, and other entities regulated by the New York Department of Financial Services. These first-in-the-nation regulations require regulated entities to meet certain cybersecurity standards, to designate a Chief Information Security Officer, and to have plans in place to deal with data breaches and other incidents. Regulated entities must certify compliance with the regulations by February 15, 2019. The page provides relevant forms, important links, and also highlights the Privacy & Data Security Practice Center's Practical Guidance on this topic. The new In Focus page can be found on the Banking and Finance Practice Center, as well as the In Focus Resources homepage.
In Focus: Current Expected Credit Losses (CECL) focuses on the Financial Accounting Standards Board's (FASB) new accounting standard that will require banks to record their expected losses over the lifetime of a loan, or the current expected credit losses (CECL), upfront. Most entities will be expected to have adopted the rule by January 2020. The page tracks the development of the rule, as well as the current debates surrounding its implementation and how it may reduce retained earnings for banks. The new In Focus page can be found on the Banking and Finance Practice Center, as well as the In Focus Resources homepage.
Securities Practice Center
In collaboration with attorneys at Brian Hirshberg and Anna Pinedo at Mayer Brown, Bloomberg Law analysts have published a data-driven update REIT IPO Market Update: 2019 on the volatile IPO market. The market update highlights shifting IPO trends across different REIT sectors and internationally. It also discusses market practices and regulations relevant to this area of fundraising. REIT IPO Market Update will be of particular interest to capital markets/securities and M&A attorneys, and to other market participants such as in-house counsel and bankers who focus on the REIT sector. It can be accessed on the Securities Practice Center under Trackers & Trends.
Bankruptcy Practice Center
The Bankruptcy Practice Center now includes a link to Pending Bankruptcy Legislation, an active preselected query that utilizes Bloomberg Law's regularly updated database of congressional activity. This mobile tool will improve workflow efficiencies and ensure users have access at any time to the latest legislation that could affect this practice area.
Labor & Employment Practice Center
A new international white paper - What to Expect from Brazil's New President in the Employment Area was published on the Labor & Employment International page, under International Strategic White Papers. The white paper, written by Leticia Ribeiro C. de Figueiredo, Partner of the Labor and Immigration Practice Group, Trench, Rossi e Watanabe Advogados, discusses the new Brazilian president who represents a radical political shift to the right.
Benefit & Executive Compensation Practice Center
Several new ERISApedia titles have been added to the Benefits & Executive Compensation Practice Center including Fiduciary Responsibility eSource; Qualified Plan eSource; Form 5500 eSource; and Social Security eSource.
Labor & Employment
New step-by-step Practical Guidance Understand & Prepare for Strikes & Lockouts is available on the Labor & Employment Practice Center and the Practical Guidance homepage. In unionized workplaces where a collective bargaining agreement is in place, both sides, in preparing for contentious situations, must make sure that their actions comport with the National Labor Relations Act, as well as legal precedent established by the National Labor Relations Board and the federal courts.
Privacy & Data Security
New Practical Guidance on GDPR compliance as it relates to Health Care Cybersecurity has been added to the Health Care and Privacy & Data Security Practice Centers. The content, created by Kathleen Kenney and Lisa Acevedo of Polsinelli, covers a range of issues of particular interest to health care companies with EU connections, from sensitive information to distinctions between HIPAA and GDPR notice and consent requirements.
STATE CHART BUILDER
Federal content added to a number of State Chart Builders on the Health Care Practice Center allows subscribers to compare governing federal and state provisions and to assess the risk of non-compliance under both federal and state law. Affected Chart Builders include: False and Fraudulent Claims, Provider Self-Referral, Insurance Coverage of Telehealth Services, Disclosure of Medical Information, Medical Record Access, Retention and Disposal, Special Protections for Sensitive Health Information, Coverage of Abortion Services, and Gag Clauses.
In Focus: California Consumer Privacy Act (CCPA)
A new In Focus pageCalifornia Consumer Privacy Act has been added to the Privacy & Data Security Practice Center and to the In Focus Resources page. Similar to the GDPR in Europe, the CCPA creates an array of new consumer privacy rights and establishes a private right of action for security breaches and potential statutory damages. Businesses subject to the CCPA must comply by Jan. 1, 2020. However, the text of the law contains a 12-month look-back provision, which requires businesses to respond to consumer requests for personal information collected or sold within the past 12 months.
State regulatory sandboxes allow FinTech innovations to be tested without the imposition of a full regulatory burden and are designed to help innovative businesses whose development might be threatened by regulatory enforcement. The State Regulatory Sandboxes Tracker creates a single concise reference capturing initiatives by any of the 50 states to create a FinTech regulatory sandbox. Available on the FinTech Regulatory Relief Tracker on the Banking & Finance Practice Center homepage and the Financial Technology practice page.
Labor & Employment
The 2019 Outlook Labor & Employment report is available on the Labor and Employment Practice Center, under Special Reports. The report examines the forces shaping key issues in the year ahead, including perspectives on how the divided Congress may impact labor and employment law and policy, and the implications for entities such as NLRB, EEOC, and DOL.
Navigating Employment and Immigration Practice Compliance has been added to the Strategic White Papers on the International practice page on the Labor & Employment Practice Center. The author, attorney Miatrai Brown with the Erickson Immigration Group, examines the intersection of employment law and immigration law compliance in a climate of tighter federal enforcement.
Consequences of Frequent Short-Term Travel has been added to International Strategic White Papers on the International practice page on the Labor & Employment Practice Center. Author Traci Snowden, Apto CEO, explains the effects of sending employees on frequent and extended overseas short-term assignments and provides recommendations for mitigating the negative consequences of such travel.
2019 Outlook for Canadian Employment Law provides an overview of employment law and HR developments that employers operating in Canada should pay attention to in 2019. Available under International Labor & Employment Perspectives on the International practice page on the Labor & Employment Practice Center.
Privacy & Data Security
Bloomberg Law continues to build out its collection of Domestic Profiles, adding North and South Dakota, Vermont, and Wyoming. Profiles summarize state data privacy laws by function, topic, and sector. Available on the Privacy & Data Security Practice Center.
USC/CFR REDLINE COMPARISON
Bloomberg Law has enhanced its Versioning feature for the U.S. Code and C.F.R. to include a redline comparison that highlights language that has been added to, or deleted from, one version of the code to another. To access this new functionality, select Versioning in the navigation menu of the code section, then click View Codified Text of the version you want to see, and then select Compare Version. You can view the redline comparison in side-by-side or overlay mode. Redline versioning is available from 2012 to date.
An expanded suite of Alternative Entities Practical Guidance includes state-specific limited liability company (LLC) forms for California, Delaware, Florida, Illinois, New York, and Texas on a variety of topics. From merger and conversion plans to sample operating agreements, checklists, and member/manager resolutions, the new offerings are designed to assist in-house and law firm counsel by providing guidance on, and examples of, frequently used annotated LLC forms.
The new content is available on the Corporate Practice Center Alternative Entities practice page, LLC Practical Guidance and on the Practical Guidance homepage.
New Transfer Agent Practical Guidance has been added to the Corporate Secretary page, including documents that will help corporate secretaries in their dealings with transfer agents. The Practical Guidance includes overviews of the role of a transfer agent, forms for appointing and changing transfer agents, and sample transfer agent instructions for an initial public offering.
The new content is available on the Corporate Practice Center Corporate Secretary landing page and on the Practical Guidance homepage.
Banking & Finance
A new series of overviews on Intercreditor Arrangements has been added to the Banking & Finance Practice Center Commercial Lending page. The series was contributed by a team at Gibson Dunn and will be of interest to any attorney working on finance transactions, commercial lending transactions, and transactions that involve multiple lenders and/or creditors. The overviews include:
- All Assets? First-Lien/Second-Lien Intercreditor Agreements
- Crossover or Split Collateral Lien Subordination
- Mezzanine Financing Payment Subordination Agreements
- Unitranche Agreements Among Lenders?
New step-by-step Practical Guidance Transferring Venuehas been added to the Bankruptcy Practice Center. The venue provisions of the Bankruptcy Code can provide a Chapter 11 debtor with a number of options when determining where to file. The sample transfer motions and objections provide roadmaps on how to get a case transferred to the venue most advantageous to key stakeholders.
Transferring Venue Practical Guidance can be found in the Bankruptcy Practice Center under Practical Guidance or under the Bankruptcy section on the Practical Guidance homepage.
New step-by-step Practical Guidance Section 363 Asset Sales summarizes key issues, compares judicial approaches, and provides sample documents to demonstrate a complex 363 sale. Section 363 of the Bankruptcy Code provides for the use, sale, or lease of estate assets other than in the ordinary course of business. Debtors have invoked this flexible language to accomplish a wide range of business objectives, from hiring non-ordinary-course professionals to effecting sales of entire businesses outside a traditional plan of reorganization.
Section 363 Asset Sales can be found in the Bankruptcy Practice Center under Practical Guidance or under the Bankruptcy section on the Practical Guidance homepage.
In Focus: Gig Economy
Scrutiny of the independent employment relationship is steadily on the rise with the emergence of what has been called "the gig economy." The legal status and rights of gig economy workers have become the subject of litigation, including class and collective actions. Employers must assess the risks of exposure to liability stemming from minimum wage and overtime pay requirements, employee benefits, unemployment insurance, and workers' compensation. A new In Focus: Gig Economy page on the Labor & Employment Practice Center pulls together news, court opinions, Practical Guidance, and other essential coverage to provide current, comprehensive analysis of this developing issue.
LABOR & EMPLOYMENT PRACTICE CENTER
A new chapter on GDPR and Data Privacy has been added to the HR Policy Handbook, designed to help employers comply with the data privacy requirements for workplaces. The chapter includes an overview and policy tips, a model policy, a notice that employers can use to inform employees of their rights under GDPR, and U.S. state requirements for data privacy and protection.
HEALTH CARE PRACTICE CENTER
In their ongoing effort to combat the opioid epidemic, many state legislatures have increased access to naloxone, a medication that can reverse opioid overdoses. The Quick Reference to State Opioid Antagonist Prescribing surveys state laws governing who may prescribe, carry, and use naloxone as well as related immunity provisions. The Quick Reference is available on the In Focus: Opioid Issues for Health Care Providers page.
TRANSACTIONAL INTELLIGENCE CENTER
Corporate Transactions content and tools are now conveniently located in the Transactional Intelligence Center, which replaces the prior organization under the Corporate & Transactional tab. The Corporate Intelligence Center organizes primary and secondary sources, forms, news, industry data, and practice tools in an intuitively designed practice page. Access to the Transactional Intelligence Center is available via the BROWSE button on the Bloomberg Law homepage and by selecting Transactional Intelligence Center in the drop-down menu. Once on the landing page, you can access content and tools via dedicated tiles such as EDGAR Search or Practical Guidance. You can also link to select content or tools by clicking the BROWSE button on the landing page for expedited access to EDGAR Search, Draft Analyzer, and other sources.