In Focus: Benefits & Executive Compensation in an Uncertain Economy
This new In Focus resource page covers employee benefits issues that occur in a slowing economy and a client's or organization's obligations under ERISA, the tax code, and recent legislation.
For law firms, this tool pulls together all available resources necessary for corporate attorneys and employee benefits and bankruptcy specialists to help their clients make difficult decisions and manage liability risk. In-house benefits counsel can utilize these resources to work with senior management, plan administrators, and human resources staff to ensure appropriate compliance and communication to employees with respect to their options regarding their pensions, 401(k) or other retirement accounts, and health care plans and other benefits affected by corporate downsizings or terminations.
In Focus: Remaining Operational
As a result of the recent economic downturn, more and more businesses have been forced to consider whether to continue in operation or to dissolve their organization. To help in-house counsel and outside advisers provide well-informed advice on this issue, In Focus: Remaining Operationalfeatures a wealth of information on matters that a business must consider in order to continue operations, including content related to contracts, corporate governance, transactions, and employment issues. This page will help counsel make strategic decisions about their companies and provide them with the legal tools to execute those decisions.
In Focus: Business Closure
When remaining operational is not an option, In Focus: Business Closure helps attorneys at law firms advise their corporate clients on the most appropriate business closure strategies, including the available options and the ramifications each option has on employees, supply chains, and current litigation. Featuring new Practical Guidance documents, this page pulls content from various practice areas and provides practitioners with a complete package of resources to consider when making a decision to close a business.
In Focus: Lawyer Well-Being
After two 2016 studies set off alarm bells on the mental health of the legal profession, a small group of lawyers formed a national task force and started a movement to improve the health and well-being of legal professionals. Reflecting Bloomberg Law's support of this goal, the In Focus: Lawyer Well-Being page promotes a variety of resources in support of a good workplace environment, including:
- A map with links to lawyer assistance programs across the country
- Coverage of legal protections available for attorneys suffering or recovering from drug or alcohol addiction, or dealing with mental illness or other disabilities
- A model well-being survey employers can use with their employees
- News, analysis, and additional resources
In Focus: Covid-19 Financial Relief
New In Focus: Covid-19 Financial Reliefprovides coverage of the Small Business Administration and Federal Reserve Lending Programs (PPP, Main Street Lending, etc.) and a curated list of developments. New federal and state laws as well as actions of the federal financial regulators (SBA, OCC, FDIC, CFPB, etc.) are being tracked, as will any executive actions related to the effects of Covid-19 on the financial services industry. Highlights of the page include:
- A curated list of top stories
- Automated searches providing the most up to date BLAW news, insights, and alerts relating to Covid-19 financial relief
- Curated lists of federal and state laws and regulations related to Covid-19 as well as federal enforcement and compliance efforts
IN FOCUS: CORONAVIRUS
A new Fast Answers container has been added to In Focus: Coronavirus, including coverage of emergency paid medical and sick leave, health insurance, Medicare, payroll tax credits, and small business loans.
The Direct Listing Step-by-Step page is a new transactional Practical Guidance collection that provides a general overview of the steps and documentation required for the listing of an issuer's securities on a public trading market, such as a stock exchange, that is not accompanied by any offering of newly-issued securities by the issuer. These materials are for in-house and law firm transactional attorneys working on taking a corporation public without doing a traditional IPO that raises capital for the issuer. The new page is included in the Transactional Intelligence Center Practical Guidance Library, under Corporate Transactions on the Practical Guidance homepage, and on the Securities Practical Guidance Library under Public Offerings.
The Equipment Sale Leaseback page is a new Practical Guidance collection that provides a general overview of the actions and documentation required for this type of financing transaction under which a company sells equipment and machinery it currently owns, and then leases it back from the new owner. These materials are for in-house and law firm transactional attorneys working on raising funds for specific projects or to aid with an acquisition or buyout. This new resource is available in the Finance tile of the Transactional Intelligence Center Practical Guidance Library, as well as in the Corporate Transactions tile of the Practical Guidance homepage.
International Trade Covid-19 Developments Tracker covers new foreign regulations and guidance on importing and exporting goods related to the pandemic. Organized by country, the tracker provides the effective date, summary of the new requirement, issuing agency, links to official documents, and harmonized tariff codes (used to classify and define internationally traded goods) where available for the specific products affected.
Labor & Employment
The L&E Practice Center homepage was reorganized to improve user experience as well as include a new U.S. map, which will allow users to click through to a separate state resource page for all 50 states and the District of Columbia. The new state pages provide news, case summaries, Practical Guidance, comparison charts, Chart Builders, posters, and primary source material for each state.
New Employment Checklists and Employment Forms & Letters pages, consisting of Practical Guidance documents, are now live on the L & E homepage and the Employment page.The L&E Reference Library has been revamped to add Bloomberg BNA Portfolios and Manuals to its existing coverage of Books & Treatises.
BLOOMBERG LAW ANALYSIS
Although price gouging is not covered explicitly by federal statute, the U.S. government has begun seizing medical supplies under the anti-hoarding provision of the Defense Production Act. That statute, however, is virtually unlitigated. For businesses that need to source scarce materials, there is little guidance that legal counsel can provide about permissible behaviors.
Rhode Island state court dockets are now available on Bloomberg Law including the Rhode Island Supreme Court and the Superior Courts for Kent, Newport, Providence/Bristol, and Washington counties (from January 2020, civil cases).
Users now have the ability to find court cases and United States Patent & Trademark Office (USPTO) decisions that cite back to a Patent Trial & Appeal Board (PTAB) or Trademark Trial & Appeal Board (TTAB) opinion from a new Related Decisions icon on a PTAB or TTAB decision.
BOOKS & TREATISES
The Vaccines in Development chapter of the Vaccine, Vaccination, and Immunization Law resource has been reorganized and updated with a section on COVID-19. It now addresses characteristics of the disease along with the legal, regulatory, and intellectual property issues associated with development efforts for a vaccine against the virus.
IN FOCUS RESOURCES
In Focus: Coronavirus
Covid-19 has made Bloomberg Law's In Focus: Coronavirus a go-to resource as well as a focus of our product development efforts. Recent enhancements, discussed below in greater detail, include: Quarantine and Public Health Law Tracker; Court Orders and Notices in Response to Covid-19 Tracker; Coronavirus Labor & Employment State Tracker; Coronavirus Outbreak news channel; Bloomberg Prognosis newsletter; and the Coronavirus Practical Guidance Toolkit.
In Focus: Telehealth
The Mobile Health page has been refocused on Telehealth, the electronic delivery of health-related services. Telehealth is a growing segment of the health sector, particularly in light of two federal laws that address the coronavirus crisis. In Focus: Telehealth is available on the Health Practice Center and the In Focus homepage.
In Focus: CCPA
A new California Consumer Privacy Act Practical Guidance topic page has been added to CCPA: In Focus, providing ease of access to all topically related Practical Guidance. The topic page is available on the Privacy & Data Security Practice Center homepage and the Corporate Practice Center's Compliance practice page.
State Apportionment of Fault Rules
A new state State Apportionment of Fault Rules content tool comparing laws across all 50 states and D.C. is now available. The tool includes overviews of contributory negligence, comparative negligence, andallocating liability among joint tortfeasors and is available from the Litigation Resources page.
The new Coronavirus Practical Guidance Toolkit, available on the In Focus: Coronavirus page, collects documents from across practice centers that will help corporate legal departments or their outside counsel navigate pandemic-related responses and changes to policies and procedures. More than 20 documents have been updated with editor's notes, annotations, and additional content. The Toolkit also includes newly created Practical Guidance documents identified as high-priority areas of coverage.
Mezzanine Step-by-Step Page
The Mezzanine Finance Step-by-Step page is a new Practical Guidance collection that provides a general overview of the steps and documentation required for financings that bridge the gap between equity and senior debt in a borrower's capital structure. These materials are for in-house and law firm transactional attorneys working on raising funds for specific projects or to aid with an acquisition or buyout. The collection augments both Bloomberg Law's M&A and Finance materials. It is available on the Transactional Practical Guidance Library, the Commercial Lending page, and the Practical Guidance homepage.
Coronavirus L&E State Tracker
A new Labor & Employment State Tracker on the In Focus: Coronavirus page highlights state and local developments related to Covid-19, including legislative and regulatory actions, executive orders, and agency guidance. It specifically excludes shelter-in-place and stay-at-home orders, as well as orders directing business closures, state of emergency declarations, and appropriations.
Quarantine & Public Health Laws Tracker
A new Quarantine & Public Health Laws Tracker has been added to In Focus: Coronavirus page. The Tracker compares quarantine and public health laws across 52 U.S. states and territories, and the District of Columbia. It identifies applicable statutory laws and regulations, provides information about new emergency public health regulations, and includes links to state Covid-19 preparedness websites.
Court Orders & Notices in Response to Covid-19 Tracker
Court Orders & Notices in Response to Covid-19 provides daily updates on federal and state courts that have issued orders and other guidance on whether litigants and their counsel should appear in court under varying circumstances. The new Tracker is available on the In Focus: Coronavirus page.
The Draft Analyzer tool has an updated look, enhanced redlining and filtering functionality, and a new cluster map providing users a visual representation of how composite paragraphs compare to the user's language. Draft Analyzer uses machine learning to help lawyers compare provisions in their draft to similarly drafted paragraphs in the millions of exhibits filed in EDGAR.
Bloomberg Law Dockets has added coverage for Idaho state district courts and Florida District Courts of Appeal.
The Coronavirus Outbreak news channel consolidates Bloomberg Law's coverage of legal, tax and regulatory developments, along with business impact and strategy, across all practice areas.
The Bloomberg Prognosis newsletter offers a daily update on coronavirus and the global response to the outbreak by governments, businesses, and people
BLOOMBERG LAW ANALYSIS
Gain data-based insights into the chilling effects of Covid-19 on the IPO market: ANALYSIS: Covid-19 Bear Market Biting Unicorns and Other IPOs
The Bankruptcy Practice Center has been extensively updated to present information on one consolidated, easy to navigate page. High value resources and tools, such as dockets and a new Bankruptcy Reference Library that consolidates all bankruptcy-related books, are featured prominently near the top of the page.
Labor & Employment
The Labor & Employment Practice Centerincludes a revised home page and added practice pages that highlight state resources on a single page for each state via an interactive map.
BLOOMBERG BNA MANUALS
The Labor Relations Expeditor Manual is now two distinct Manuals: the Labor Relations Guide and the Labor Arbitration and Grievance Guide. The new Manuals present labor relations and arbitration issues in a format organized around practitioners' workflows. Available on the Labor & Employment Practice Center.
In Focus: Coronavirus
The new In Focus: Coronavirus page covers legal issues involving pandemics, with specific emphasis on developments surrounding the coronavirus. The page includes the latest news, law firm client alerts, information for employers on pandemic preparedness, health law alerts, analysis pieces, and more. The new page is available on the homepage of Health, International Trade, Corporate, and Labor & Employment Practice Centers and in the In Focus Resources homepage.
In Focus: ESG
The new In Focus: ESG page covers environmental, social, and governance factors that may have a material impact on a company's performance. In-house counsel can use this new In Focus page to monitor ESG regulatory developments, assess potential risks and opportunities arising from ESG disclosures, and align their legal department's goals with corporate strategy. Law firm attorneys can use this page to monitor ESG regulatory developments and to assess potential risks and opportunities arising from ESG disclosures for their corporate clients. The new In Focus: ESG page can be found on the Corporate Practice Center, the Governance Practice Page, Legal Department Practice Page, and in the In Focus Resources homepage.
In Focus: CCPA
A map view of the CCPA Copycat Legislative Proposals Tracker, which monitors proposed legislation from states other than California that have implemented measures expanding consumer privacy rights (similar to the CCPA), is now available on the In Focus: CCPApage in the Privacy & Data SecurityPractice Center.
New Litigation Practical Guidance coverage – Magistrate Judges & Special Masters and Disqualification & Recusal – has been added to the Litigation Practical Guidance Library. Included are Overviews on referrals to a magistrate judge and the role of special masters. Disqualification & Recusal Practical Guidance covers judicial and attorney disqualification, including an Overview of each topic and coverage of a motion to disqualify, recuse a judge. The new content is also available via Practical Guidance homepage.
Bloomberg Law now offers a number of new Sample Contracts, including annotated pro-party contracts, in several areas of subscriber interest. In addition, a number of new Annotated Sample Clausesare now called out in a separate search within the Contract Drafting Practical Guidance tile on the Transactional Intelligence Center homepage.
Supreme Court Today Tracker
The Supreme Court Tracker has a new look and added functionality, including new filters for Status, Event, Primary Topic, Secondary Topic, Court Below, Docket Number, Date Filed, Review Date, Argument Date, Judgment/Decision Date, Dismissal Date, and Date Posted. Users have the option to set alerts as well as add searches to dashboards. The Supreme Court Tracker is available from the Litigation Intelligence Center homepageand the Trackers homepage.
Labor PLUS: Organizing & Bargaining Trackers
The Labor PLUS: Organizing & Bargaining Trackers have been enhanced to provide more effective filtering. A new landing page centralizes all five of the Labor PLUS databases including NLRB Elections, Work Stoppages, Unfair Labor Practice Charges, Settlement Summaries, and Contract Expirations. In addition, related content such as the full text of bargaining agreements and special labor reports is highlighted on the landing page. The new landing page is available on the Labor & Employment homepage, the Labor Relations & Collective Bargaining practice page, the Labor Arbitration practice page, the Government Employees practice page, and the Trackers homepage
General Lending: Change of Control
The new General Lending: Change of Control Chart Builder covers situations in which a state-licensed lender experiences a change in shareholders such that it constitutes a "change of control" under state law. The new Chart Builder illustrates which types of ownership changes amount to a change of control, and what filing or notice requirements apply when a change of control has occurred. Available on the Chart Builders homepage, in the Chart Builders drop-down on the Banking & Finance Practice Center, and on the Banking State Law Chart Builders landing page.
Family Leave Insurance
A new state law Family Leave Insurance Chart Builder has been added to the Labor & Employment Practice Center. Several states and the District of Columbia have recently adopted family leave insurance laws that provide workers with paid leave (as opposed to unpaid leave required under the federal Family and Medical Leave Act) when taking leave for reasons such as treatment of a serious health condition, to provide care for a family member's serious health condition, or the birth or adoption of a child. The paid leave benefits are typically funded through payroll taxes paid by the employer and/or employee
BLOOMBERG LAW NEWS
Bloomberg Law has launched the In-House Counsel News page and a weekly newsletter rounding up the biggest legal, regulatory, and compliance news items of interest to corporate counsel. It will include business of law coverage about in-house moves and practice trends, as well as contributions from leading practitioners and experts.
BLOOMBERG LAW ANALYSIS
The coronavirus figures prominently in three recent Analysis pieces covering the Morgan Stanley E*Trade merger, coronavirus risk as a factor in company disclosures, and the effect of the coronavirus on contracts including analysis of supply chain disruptions and the implementation of force majeure provisions.
Bloomberg Law's highly-anticipated Brief Analyzer was released February 10th to all Bloomberg Law complete subscribers. This AI-powered tool automates steps in traditional legal brief analysis, expediting the review and evaluation of cited authorities and suggesting additional resources for review.
The new litigation tool is easy to use. Simply upload or drag and drop a brief as indicated on the Brief Analyzer landing page. In seconds, Brief Analyzer will:
- Display the brief and analysis in a side-by-side comparison
- Suggest relevant content not cited in the brief, providing detailed reasons for the suggestions
- Enhance your research by integrating practice tools such as BCiteSM, Points of Law, and Docket Key® into the brief analysis
- Link to additional resources on our platform including similar briefs and Practical Guidance
SEC Standards of Care
Bloomberg Law's new collection of SEC Standards of Care Practical Guidance will help you navigate one of the SEC's most significant recent rulemaking efforts, providing legal or compliance advice ahead of the June 2020 deadline for Regulation Best Interest and Form CRS. The rules are aimed at strengthening the standards of care governing the relationships between broker-dealers and investment advisers with their customers. The new Practical Guidance documents provide an overview of these requirements and interpretations of investment advisory principles, guidance on compliance considerations, and best practice tips on implementation. This new Practical Guidance is available on the In Focus: SEC Regulation Best Interest page.
Labor & Employment
A new Local L&E Coverage page is available on the Labor & Employment Practice Center under Laws & Regulations. This page describes the scope of Bloomberg Law's local L&E content coverage and provides a list of all covered localities and topics. It compiles our local materials and tools, including Local Quick Reference Charts, state Chart Builders, a state preemption map, and links to municipal ordinances.
BLOOMBERG LAW ANALYSIS
The Gap in CCPA-Compliant Privacy Notices
Read Mark Smith's new Analysis article, inspecting all of Gap, Inc.'s online consumer privacy notices and information and comparing them to the requirements of the newly effective California Consumer Privacy Act. It provides a clear point-by-point examination of how the largest consumer retailer based in California has executed the obligations now facing any entity covered by the new law.
The new Acquisition Finance Step-by-Step Practical Guidance collection provides a general overview of the steps and documentation required for typical forms of funding used to finance the acquisition of a business. These materials are for in-house and law firm transactional attorneys working on strategic acquisitions on behalf of corporate or financial investors such as private equity funds. The collection augments both Bloomberg Law's M&A and Finance materials. Acquisition Finance Practical Guidance is available on the Transactional Practical Guidance Library, the Commercial Lending page, and the Practical Guidance homepage.
Telehealth Practical Guidance includes a new set of sample agreements, forms, and checklists that can be used by practitioners in operating a telehealth services provider company or working with providers wishing to operate a telehealth program. Featuring documents from Amy F. Lerman of Epstein Becker & Green, P.C., the collection offers guidance on developing a telehealth business model, identifying key compliance risk areas, addressing privacy and data security issues, and contracting with physicians and vendors. It also includes practitioner perspectives from the American Health Lawyers Association on an array of issues related to telehealth services. It is available on the Health Practice Center, the Health Information & Technology Page, and the Practical Guidancehomepage.
Bloomberg Law's new suite of Litigation Finance Practical Guidance will help users navigate this complex and growing industry. The new guidance covers litigation finance industry basics, funding terms and structures, legal ethics, client types, and more. A link to this content can be found on the In Focus: Litigation Finance page and the Practical Guidance homepage.
New Practical Guidance Resource Type
Bloomberg Law has introduced a new type of annotated contract-related Practical Guidance, Sample Clauses, which allow lawyers to "import" specific clauses they need into an existing contract. This content is especially valuable to in-house counsel and other lawyers who work with different types of contracts.
BENEFITS & EXECUTIVE COMPENSATION PRACTICE CENTER
A budget bill enacted December 20th incorporates the "Setting Every Community Up for Retirement Enhancement Act" (SECURE Act), which includes numerous retirement provisions. Coverage of the new act has been added to the Benefits and Executive Compensation Practice Center, which includes a new SECURE Act tile at the top of the homepage. It features the SECURE Act language that affects retirement and healthcare plans as well as a Secure Act Summary and Secure Act Roadmap. More analysis and tools will be added to the practice center in the coming weeks.
The new Employee Benefits COLA Chart on the Benefits and Executive Compensation Practice Center includes retirement and cost of living adjustments for 2020. The chart includes annual IRS limitations for qualified retirement plans, IRAs, health and welfare benefits, fringe benefits, and social security benefits alongside related Internal Revenue Code sections and regulations.
Court Analytics adds another dimension to Litigation Analytics, providing aggregate motion and appeal outcome rates and aggregate length of case statistics, with a comparison option between jurisdictions and filtering by company, law firm, and attorney appearances. It offers strategic insights into venue selection and the jurisdictional history of law firms, attorneys, and companies.
Litigation Analytics – including Court Analytics – is available under "Popular Links" on the Bloomberg Law homepage and on the Litigation Intelligence Center landing page (hyperlink to "Litigation Analytics Dashboard")
Docket Key search functionality has been expanded to all federal district courts. Now, users can search all federal district courts for access to briefs, motions, orders, and additional filings – 20 filing types in all.
It is featured prominently in the Dockets Search template, available from "Popular Links" on the Bloomberg Law homepage and GO Bar search, and in the Find A Court Filing tile on the Litigation Intelligence Center.
BOOKS & TREATISES; MANUALS
New interactive Table of Contents functionality has been added to the collection of Books & Treatises and Manuals on Bloomberg Law. The functionality allows users to quickly and easily navigate to any part of a treatise or manual. Previously, this functionality had been added to our collection of Portfolios.