Bloomberg Law 2021, our public access website, examines issues resulting from the pandemic, global market volatility, and the U.S. election.
The new series, authored by a team of expert analysts, focuses on four overarching themes:
- Litigation – including major trends across contractual disputes, international commercial bankruptcies, antitrust enforcement, and litigation finance
- Transactions & Markets – exploring developments in M&A, public and capital markets, supply chain structures, and privacy and data security issues
- Future of the Legal Industry – including shifts that will impact legal careers, the business of law, legal technology, and remote work
- ESG – examining changes in corporate governance as well as developments around disclosure, board diversity, and climate-related financial risk
BLOOMBERG LAW TRAINING VIDEOS
Bloomberg Law has added four new offerings to its library of training videos on the Bloomberg Law Product Help page. The new videos cover Litigation Analytics, Bloomberg Law Analysis, In Focus Resources, and Chart Builders. In addition, several training videos, including Brief Analyzer, have been updated. Each video, several minutes in length, covers a key component of Bloomberg Law's unique offering of content, tools, and functionality.
BLOOMBERG LAW NEWS
Bloomberg Law News articles offer new features on the right side of the page, including links to:
- Documents , such as opinions and dockets related to the story
- Related Articles
- Law Firms, Companies, and Topics mentioned in the story. Click on these to see recent stories featuring these entities
BLOOMBERG LAW ANALYSIS
ANALYSIS: In M&A Contract Drafting, Who Holds the Pen? The results of Bloomberg Law's M&A Deal Insights 2020 survey offer a view into how work is assigned to in-house and external deal teams – and how they feel about it.
ANALYSIS: Legal Tech Is Helping Lawyers, But Where's the Love? While lawyers are far from willing to entirely dismiss legal tech as a workflow tool, they are only somewhat happy with how tech is affecting their day-to-day work.
New Practical Guidance covering Virtual Litigation Issues has been added in response to the new, remote office experience of many practitioners. It includes pieces providing tips and perspectives on preparing for, and conducting, various virtual proceedings.
New coverage of UCC Article 2 has been added to Bloomberg Law's Contract Actions Practical Guidance. It includes overviews; a checklist to help determine whether the UCC, common law, or a state or federal regulatory scheme governs a matter; and a comparison table pointing users to select articles of the UCC on sale of goods, negotiable instruments, and secured transactions for all 50 states and D.C.
A new set of state-specific Practical Guidance documents has been added to the employment collection to help employers accommodate workers who need to breastfeed during their workday. The documents include pointers to help employers navigate federal and state requirements during the pandemic and beyond. The new documents are available in the dropdown menus on the New & Expecting Parents topic page and the Employee Handbook Toolkit.
ESG Topic Page
A new ESG Social Considerations Practical Guidance topic page is dedicated to the social component of environmental, social, and governance matters. Although social is a broad category, this page provides context including introductory content for some of the larger issues such as Human Capital, Human Rights, and Supply Chain. It provides broad subject overviews, checklists for establishing programs, and sample policies.
The Human Capital Management documents focus on disclosure, board and labor issues, and some diversity guidance. The Human Rights documents guide users through establishing a program with more detailed information around trafficking, environmental justice, and indigenous rights. The Supply Chain documents explain some fundamental supply chain management issues like human rights, fair trade, and conflict minerals, and provide guidance for establishing a policy. The new topic page is available via the Corporate Practical Guidance Library.
BLOOMBERG BNA MANUALS
The new Executive Compensation Guide covers the complex world of executive pay arrangements. Including the expertise of top practitioners, the Guide provides coverage of drafting considerations for employment, consulting, and severance agreements; benefit plan design for executive talent; funding and accounting issues; SEC and ERISA reporting and disclosure requirements; I.R.C. Sec. 409A and other tax code implications; corporate governance principles; and litigation and dispute resolution.
The new Guide to Collective Bargaining examines labor contract negotiations, analyzing the legal duties unions and employers have during the negotiations process; the various components and considerations that go into forming the contract; and the actual bargaining process. The Guide also provides legal analysis of the various aspects of the duty to bargain, describes what information must be provided during the bargaining process, and outlines what subjects can and cannot be subject to negotiation.
A new NLRB Filingsdatabase in now available on the Labor Relations & Collective Bargaining page of the Labor & Employment Practice Center. The new database replaces the former NLRB New Filing Finder, which linked out to the National Labor Relation Board's website to show the most recent unfair labor practice and union election representation filings with the NLRB. The new NLRB Filings database is incorporated into the Bloomberg Law platform and allows users to filter by Case Name , Employer , Union , Type of Filing , and NLRB Region.
Professional Perspectives discuss legal developments with an emphasis on the current impact on clients or the practice of law. They are accessible by typing Professional Perspectives in the Find a Document search window on the Practical Guidance homepage. A sampling of recent additions and contributors includes:
Goulston & Storrs: Financial Statement Reps
Proskauer Rose: Considerations for Terminating a 401(k) or Profit-Sharing Plan
Richards Kibbe & Orbe and XPAN Law Group: Remote Bar Exams and Technology Bias
Baker McKenzie: EU Consumer Protection Scrutiny of Terms & Conditions
Patterson Belknap and Bates White Economic Consulting: CLO Structures, Risks, and Participants
Bodhala: Why Data Is Critical to a Lawyer's Success
STATE LAW REPORT BUILDER
Labor & Employment
Using a new State Law Report Builder, users can generate a customized state law summary covering multiple labor and employment topics for a single jurisdiction. The Report Builder differs from the state L&E Chart Builders, which compare multiple state laws on a single topic. It is available in the State & Local Resources tiles on the L&E Practice Center and the Employment Law practice page.
New Assignment for Benefit of Creditors Chart Builder is designed to help attorneys provide their struggling clients with a faster and more cost effective wind-down strategy. It allows users to quickly compare state laws related to the making and governance of general assignments. It is available on the State Materials tile on the Bankruptcy Practice Center homepage and the Chart Builders homepage.
A new In Focus: Legal Technology page provides Practical Guidance resources related to e-discovery, procurement, provider agreements, tech development, and virtual litigation. The page contains Bloomberg Law's Legal Technology Survey summaries; ABA ethics materials; and curated News, Analysis and Insights article. The new page is available in the Corporate Practice Center, Legal Department Practice Page, and In Focus homepage.
The new Practical Guidance: Universal Bankruptcy Topics page providesexplanation of, and guidance around, bankruptcy topics that are applicable regardless of the governing bankruptcy chapter. Content and topics include:
- Overviews and a sample form for the automatic stay
- Overviews and step-by-step guidance for Section 363 and asset sales
- Overview and annotated forms for Section 501 and proofs of claim
- Overview, forms, and a checklist for Section 547 and preferences
- Guidance on transferring venue
A new topic page, Legal Technology Procurement & Provider Agreements Practical Guidance, is available on the Legal Department page on the Corporate Practice Center.
BLOOMBERG LAW NEWS
Bloomberg Law has launched a weekly newsletter – Litigation News – bringing readers interesting, insightful, useful, and entertaining weekly content. The coverage includes legal issues generally applicable in litigation; substantive legal developments; deep dives on big wins and profiles on trailblazers; federal courts coverage on judges, high-profile dockets, unusual courthouse news; and more.
Bloomberg Law News has redesigned Newsletters for each of its news channels that are easier to scan, read, and link to sections of interest. The newsletters replace the Highlights email as well as the First Move newsletter; subscribers to both are now receiving a single newsletter each day, as well as other updates as appropriate.
BLOOMBERG LAW ANALYSIS
ANALYSIS: Tiffany-LVMH Aside, M&A Party Lawsuits are Outliers: Despite the stresses and upheaval of the Covid-19 crisis, surprisingly few parties to U.S. mergers and acquisitions have filed suit against each other in connection with deals that have come undone or linger in pending status during the pandemic.
Professional Perspectives discuss legal developments with an emphasis on the current impact on clients or the practice of law. These developments may include regulatory or statutory changes, a change in industry or markets, a noteworthy government investigation or regulatory process, or changes in the operation of legal services organizations or departments. They are accessible by typing Professional Perspectives in the Find a Document search window on the Practical Guidance homepage. Recent additions include:
- WilmerHale: The PTAB and New Grounds of Unpatentability
- Sullivan & Cromwell: An ESG Playbook for Post-Pandemic M&A
- Vicente Sederberg: Raising Private Capital in the Cannabis Industry
- Ropes & Gray: Special Servicing of CMBS Loans During Business Disruptions
- Beeson, Tayer & Bodine: 'Right to Work' Laws and Impact on Unionization
- Baker McKenzie: CCPA Litigation Trends
- Bryan Cave: Legal Support Grows for Employee Rights to Join Unions
- Lathrop GPM: Tips for Conducting a Virtual Arbitration Hearing
- & Vinson & Elkins: Impracticability Under the UCC Can Help Sellers During Covid-19
BOOKS & TREATISES
Two new treatises authored in conjunction with the American Intellectual Property Law Association (AIPLA) have been added to Bloomberg Law:
- Comparative Global Design Law, which explains and compares design patent law and design protection around the world
- Privilege and Professional Confidence – An International Review, providing domestic and international coverage of the boundaries of protection from forced disclosure of privileged communications
Another new title, EEO/AA Guide for Federal Contractors, provides concise and comprehensive information on the nondiscrimination and affirmative action compliance requirements for employers that are federal contractors or subcontractors regulated by the DOL's Federal Contract Compliance Programs (OFCCP).
A new Corporate Practice Series portfolio authored in partnership with the American Intellectual Property Law Association (AIPLA) has been added to Bloomberg Law. Artificial Intelligence and Machine Learningserves as a practical guide for the preparation and prosecution of U.S. artificial intelligence (AI) and machine learning (ML) patent applications, and for making strategic decisions regarding domestic and foreign filing and prosecution
Bloomberg Law's Brief Analyzer identifies and evaluates authorities cited in a brief and creates a detailed report of the analysis. Since its launch earlier this year, Bloomberg Law has continued to enhance the tool, including, most recently:
- Integration with Bloomberg Law's market-leading Dockets product. Attorneys can now use Bloomberg Law's Docket Key feature to find relevant briefs and, with one click, run an analysis over those briefs
- Word document support. Attorneys can securely upload drafts of their own briefs to check citations and ensure they have not missed relevant materials without having to convert their documents to PDF
- Feedback submission button that allows attorneys to suggest improvements directly in the tool
- Access to a sample brief analysis where attorneys can see the power of Brief Analyzer and explore its features before uploading one of their own briefs
A new Pharmacy Benefit Manager Requirements Chart Builder provides a comparison of state pharmacy benefit manager laws. The chart covers a range of topics relating to the administration and management of prescription drug programs, including licensing and reporting obligations, rebate disclosures, pharmacy audits, maximum allowable cost pricing, and limits on cost-sharing. It is available on the Health Practice Center homepage and the Chart Builders homepage.
Added to the Practice of Telemedicine Chart Builder are state laws and regulations addressing telehealth technologies for certifying or recommending medical cannabis use. Users can find this information in the new "Medical Cannabis Requirements" topic. The chart appears on the Chart Builders homepage and on the Health Practice Center.
REG BI Compliance Page
New Practical Guidance Reg BI Compliance page provides a destination for broker-dealer and investment adviser professionals to find the guidance and professional perspectives they need when making recommendations to retail customers regarding any securities transaction or investment strategy involving securities or regarding the opening of an account The new page is available on the Practical Guidance homepage and the Securities Practical Guidance Library.
Environmental, Social, Governance (ESG) Topic Pages
New Practical Guidance topic pages – Stakeholders, Frameworks & Regulation and Sustainable Business Operations – have been surfaced on the Practical Guidance homepage, the Corporate Practical Guidance Library, and the In Focus: ESG page.
The Stakeholders, Frameworks & Regulation page is intended to guide a user through the foundational elements of corporate ESG issues. It provides broad subject overviews for various stakeholder and practitioner personas, comparisons of the leading ESG frameworks, guidance regarding the current regulatory and enforcement landscape, and a variety of reporting and disclosure guidance including checklists, tables, and forms.
The Sustainable Business Operations page is intended to focus more specifically on those elements of ESG that factor into the nuts and bolts of doing business. It includes examples of corporate ESG policies and programs, overviews and strategy documents regarding climate change and circular economy, and some specific guidance on environmental and energy management.
Anti-Money Laundering Compliance Page
The redesign of the Anti-Money Laundering practice page in the Banking Practice Center into the new AML Compliance practice page consolidates several types of resources into dropdowns to streamline the user experience. The new practice page also now links to the AML Compliance Practical Guidance page, including overviews, checklists, flowcharts, and sample forms and communications for legal and compliance officers at any entity responsible for complying with anti-money laundering laws and regulations. The new page is also available on the Practical Guidance homepage.
A new State L&E Developments Tracker replaces the Coronavirus – State L&E Developments Tracker and the weekly State Developments Tracker. The comprehensive new tracker incorporates all items in the retired trackers that were reported in 2020 with an improved format. The new name reflects this broadened scope.
This tool provides access to legislation, ordinances, regulations, agency guidance, notices, posters, and selected court decisions for all states and key covered localities. In addition, it includes executive orders, industry-specific guidance, and other documents that specify workplace requirements in response to Covid-19.
The Legal Ethics & Professional Responsibility Practice Center, which features the ABA/Bloomberg Law Lawyers' Manual on Professional Conduct ("MOPC"), now offers more robust autocomplete options. Users can search for any of the MOPC Practice Guide chapters in autocomplete by typing either the Practice Guide name or number into the MOPC search window. State resource pages and state ethics opinion digests are also searchable in MOPC's autocomplete via the state name.
The Health & Welfare Employee Benefits Guide was added to the Benefits & Executive Compensation Practice Center. The Guide contains concise and comprehensive information on key employee benefit plan topics, such as reporting and disclosure; design and funding; consumer-driven health plans; COBRA; and tax and Affordable Care Act requirements. The Guide leverages the expertise of leading practitioners, such as ERISA specialists, litigators, and transactional and compliance attorneys.
Subscribers are now able to view Attorney Analytics and Company Analytics from Bloomberg Law Dockets. This functionality was added previously to Judicial Analytics. The options will only show in the right rail for in-scope dockets, i.e., it must be a judge, a company, or an attorney that is covered in the database.
BLOOMBERG LAW NEWS
BLOOMBERG LAW ANALYSIS
ANALYSIS: In M&A Deals the Pandemic Is the New 'Ordinary Course': References to Covid-19 are being woven into covenants regarding "the ordinary course of business." Other pandemic-related trends include the continued presence of MAE carve-outs and other backward- and forward-looking provisions, such as representations and warranties and post-closing covenants that are qualified by references to the pandemic.
In Focus: Schrems II was created in response to a landmark ruling by the Court of Justice of the European Union (CJEU) regarding cross-border data transfers. The In Focus page provides a one-stop-shop for: Practical Guidance published and updated in response to the CJEU ruling; the primary source material from CJEU, EU agencies, and the Department of Commerce; Bloomberg Law Analysis and Bloomberg Law News coverage; and links to additional Schrems II and GDPR resources across Bloomberg Law. It is available on the Privacy & Data Security Practice Center and the In Focus Resources homepage.
Three new Legal Operations Practical Guidance topic pages – Legal Organization Planning, Outside Legal Services, and Legal Project Management – contain overviews, checklists, flowcharts, and sample forms to assist practitioners in managing their department's business strategy, spend matters, outside relationships, and internal records and knowledge. The new pages are available via In Focus: Legal Operations, which has been revamped so that the Practical Guidance documents are now easily accessible and organized into categories more relevant to legal professionals. The new topic pages are also accessible via the Corporate Practical Guidance Library and Practical Guidance homepage.
A new Practical Guidance suite, Chapter 13 Bankruptcy, guides a user through the process of planning for and filing the Chapter 13 bankruptcy petition and related documents. It provides broad subject overviews, as well as detailed annotations for filling out the schedules and forms. The annotations and Practice Tips throughout these documents are integrated with other platform tools such as Points of Law and Smart Code , and link to related Practical Guidance documents. The new Practical Guidance suite is available on the Bankruptcy Practice Center and the Practical Guidance homepage.
The Supreme Court IP Case Developments Tracker, featured in the Practice Tools tile of both the Patent & Trade Secrets and the Trademarks & CopyrightsPractice Centers, contains a link to the Supreme Court docket in the Amici column. This allows users to directly access all amici briefs via one link, and has the benefit of streamlining the table and allowing for real-time access to filings.
Subscribers and trial users can provide their feedback on Brief Analyzer directly within the product. After running a brief analysis, a green Help Us Improve widget displays at the top of the center panel. After clicking this widget, a pop-up will appear with a field to enter feedback.
JUDICIAL ANALYTICS; DOCKETS
Judicial Analytics, a component of the Litigation Analytics tool, is now accessible from Bloomberg Law Dockets. This enhancement applies to in-scope , federal , civil dockets for the relevant judge, i.e., a civil docket where the judge is an active federal district court judge and the case type is one covered in the Litigation Analytics database (see Nature of Suit codes.)
ABA/BLOOMBERG LAW LAWYERS' MANUAL ON PROFESSIONAL CONDUCT
With the shift to electronic-only Practice Guides, the citation style of the ABA/Bloomberg Law Lawyers' Manual on Professional Conduct has eliminated page references. The new citation style is: Law. Man. Prof. Conduct <Division>:<Chapter>.<Section>.
BLOOMBERG LAW NEWS
In response to new legal developments and trends, Bloomberg Law launched four news channels for Bloomberg Law subscribers, including:
- Social Justice News, including legislation, regulation, trends, case law, and analysis focused on the justice system, employment law, health care access, the environment, and corporate and law firm business practices
- The Private Equity channel, covering significant legal and business developments involving Private Equity companies and the firms they own
- The Cannabis channel, reporting on legal and business issues faced by the cannabis industry, across all practice areas
- Insurance Law, covering legal and business issues for the insurance industry with an initial focus on business interruption issues resulting from the pandemic
A new Return to Work Practical Guidance suite includes 12 documents responding to companies' stated needs to understand the complicated and intertwined issues related to bringing office-based employees back to the workplace following work-from-home orders during the pandemic. This Practical Guidance is intended to help companies design and implement policies and procedures for the return of employees to the office. Available in the Coronavirus Toolkit in the Return to Worksite tile and in the Labor & Employment Practical Guidance Library.
Two new pages covering Contract Actions and Contract Defenses have been added to Bloomberg Law's offering of Litigation Practical Guidance. This new coverage explains different contract-based causes of action, addressing the demand for state-specific precedent through Points of Law citations and curated court opinion searches. This content will be helpful to both junior associates new to the practice of law and to more senior associates who may be pivoting in the economic downturn towards more general commercial litigation matters that focus on contract disputes.
A new State Price Gouging tool has been added to the Practice Tools tile on the Litigation Resources page. Covering relevant statutes in 19 jurisdictions, this new Practical Guidance includes an overview document and comparison chart. Relevant price gouging statutes are often triggered by a state of emergency, such as the Covid-19 pandemic.
A new U.S. Contact Tracing Programs Tracker has been added to the In Focus: Coronavirus (Covid-19) page in the Trackers & State Developments container. Many states have launched contact tracing efforts to mitigate the effects of Covid-19. These programs are now tracked on the Privacy & Data Security Practice Center in the U.S. State Privacy Profiles within the Emerging Issues and Outlook section. The profiles include laws passed, apps launched or in development, and the type of technology used, as well as details about how the personal information is collected and used.
IN FOCUS RESOURCES
In Focus: Cannabis has added new content, including:
- State Industrial Hemp Programs quick reference chart
- Hemp Development tile including recent state legislation and rulemaking, and more
- Latest News tile, including stories from the new Cannabis news channel
All Practical Guidance pages can now be located via autocomplete in the Search Bar on the Bloomberg Law homepage. Additionally, a Professional Perspectives Search has been added to autocomplete. Selecting this option from the Search Bar will pull up a search results page of all Professional Perspectives on the Bloomberg Law platform
BLOOMBERG LAW 2020
Bloomberg Law 2020: Moving Forward & Looking Ahead is a relaunch of Bloomberg Law's public access website reflecting the transition from the initial emergency response to Covid-19 to short- and long-term strategic planning issues resulting from the recent economic downturn. Our release of 30+ analyses examines the overarching themes of business and industry, global impact, legal markets, and transactions, with specific coverage of:
• Litigation and enforcement trends
• Bankruptcy trends
• Pandemic privacy issues
• Employment/worker classification developments
• Legal careers and litigation finance during downturn
• Nontraditional finance
• M&A and private equity trends
• Force majeure
IN FOCUS RESOURCES
In Focus: Benefits & Executive Compensation in an Uncertain Economy 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.
A new Practical Guidance suite dedicated to Voluntary Chapter 11 Bankruptcy Proceedings guides users through the stages of filing an individual or non-individual voluntary chapter 11 bankruptcy. It provides broad subject overviews, as well as detailed annotations for filing out the schedules and forms. Available on the Bankruptcy Practice Center and the Practical Guidance homepage.
Step-by-Step: At the Market Offerings Practical Guidance provides a general overview of the steps and documentation required for the issuance of additional securities into the marketplace by an already public-reporting company. At the market (ATM) offerings are a type of shelf offering that helps companies raise capital at relatively low cost and with a great deal of control over both the number of shares sold and the timing of those sales. New Practical Guidance is available in the Registered Offerings Tile of the Transactional Intelligence Center Practical Guidance Library, in the Public Offerings Tile of the Securities Practice Center's Practical Guidance Library, and in the Corporate Transactions tile of the Practical Guidance homepage.
The Energy Project Finance and Real Estate Project Finance Step-by-Step Practical Guidance provide general overviews of the steps and documentation required for the financing of energy and real estate projects while protecting the other assets held by the project sponsor, the principal company behind the project. These materials are for in-house and law firm transactional attorneys working for one of the many parties involved in the project, such as the project sponsor, owner, operator, contractor, project manager, supplier, customer, investor or governmental authority. This new content is available in the Transactional Practical Guidance Library, on the Commercial Lending page under Practical Guidance (Forms & Guidance), and on the Practical Guidance homepage under Corporate Transactions (Finance).
Seven new states – Massachusetts, Michigan, New Jersey, Ohio, Pennsylvania, Virginia, Washington – have been added to the chart in the Force Majeure & Related Contract Defenses Practical Guidance document. The comparison table summarizes how courts in the selected states may address contractual nonperformance in commercial contracts when the contract itself does not expressly list the specific event (such as coronavirus) that is actually relied upon as a supervening cause.
The Insurance Coverage of Telehealth Services Chart Builder now tracks Covid-19 state regulations and legislation related to insurance coverage of telemedicine. The Chart Builder includes emergency rules, proposed rules, and notices. New regulations and legislation will be added as they become available. The Chart Builder appears on the In Focus: Telehealth page in the State Law and Regulations container, as well as the Health Practice Center, Health Information & Technology practice page, the Chart Builder home page.
A new state content tool – the Coronavirus – Return to Work Tracker – provides access to Covid-19-related developments as state and local governments issue guidance or directives to employers to safeguard their employees or customers as states and localities re-open in stages following coronavirus pandemic lockdowns. Coverage includes public health, occupational safety, respiratory protection, sick leave, workplace planning and protection, and other topics, broken down by industry, jurisdiction, type of document, and enacted and effective dates (if any). The Tracker is available in the Trackers & State Developments box on the In Focus: Coronavirus (Covid-19) page and the Trackers homepage.
BLOOMBERG LAW ANALYSIS
ANALYSIS: Zoom, Slack Muscle Onto Top Silicon Valley List - The newly released Fenwick – Bloomberg Law SV 150 List, ranking the 150 largest public technology and life sciences companies in Silicon Valley by revenue, provides strong evidence that the Valley remains a cradle of innovation with 17 additions to the list this year.
Bloomberg Law subscribers are now able to directly link to Brief Analyzer from briefs opened from our dockets database. To access this new functionality, users must select and open a brief.
Privacy & Data Security
Bloomberg Law now tracks international contact tracing applications to mitigate the effect of Covid-19. This content is included in the International Privacy Profiles on the Privacy & Data Security Practice Center's International Resources page and on the In Focus: Coronavirus resources page.
Trademarks & Copyrights
Patents & Trade Secrets
A tile for Covid-19 Resources has been added to the home pages of both the Patents & Trade Secrets and the Trademarks & Copyrights Practice Centers, including curated links to Covid-19 related agency announcements, news, dockets, law firm client alerts, as well as a link to a search using "Covid-19" as the keyword through our Global Patents database.
FENWICK-BLOOMBERG LAW SILICON VALLEY 150 LIST
In cooperation with Fenwick & West, the Silicon Valley law firm, Bloomberg Law has published its second annual Fenwick-Bloomberg Law SV 150 List. The list ranks the 150 largest public technology and life sciences companies in Silicon Valley by revenue and links to all 150 company profiles. The Fenwick-Bloomberg Law SV 150 List is published on the In Focus: Deal Points page and is an invaluable resource for lawyers working in the technology and life sciences industries.
BOOKS & TREATISES
New Chapter 13 International and Comparative Vaccine Laws has been added to theVaccine, Vaccination, and Immunization Law treatise and appears in the search results link in the In Focus: Coronavirus page. This chapter will be of interest primarily to government officials and vaccine manufacturers dealing with international vaccine issues, such as importation and assertion of intellectual property rights, persons engaged in international efforts for the promotion of vaccination, and legislators and regulators interested in the examples of relative success presented by the comparative operation of other systems.
A new sixth edition of Employment Discrimination Lawis now available on Bloomberg Law. This definitive treatise provides a balanced and unbiased approach and reflects the combined efforts of attorneys representing the plaintiff/public, management, and union employment bars. Published in partnership with the ABA Section of Labor and Employment Law, the new edition's 44 chapters include discussions of discrimination in the contexts of disparate treatment and retaliation, national origin and citizenship religion, sexual orientation and gender identity, and much more.
Arbitration 2019: The Future of Work is now available on Bloomberg Law. The work is a record of the 72nd Annual Proceedings of the National Academy of Arbitrators.
A new landing page providing easy access to Bloomberg Law Books & Treatises is now live, including associated Disco searches available into each primary category in which we have offerings. The new page has been added to the main BLAW landing page under "Searches" and also to the "Secondary Source" menu.
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.