December 2018



Labor & Employment


A new step-by-step module – Respond to Workplace Emergencies – is available on the Labor & Employment Practice Center and via the Practical Guidance homepage. The module provides links to overviews, checklists, and sample policies on best practices and workplace policies, as well as information on related legal obligations and considerations.




Legal Operations Practical Guidance offerings have been expanded with a new set of documents focused on Resource & Vendor Management. Authored by senior in-house counsel at 7-Eleven, new materials include sample forms, retention agreements, checklists, and overviews. They are designed to help legal operations professionals improve the efficiency and effectiveness of the legal department and the business as a whole. The new page can be found via the Practical Guidance homepage or on the Legal Department Practice Page within the Corporate Practice Center.


Benefits & Executive Compensation


New step-by-step Practical Guidance – Implement a Nonqualified Deferred Compensation Plan – is available on the Benefits & Executive Compensation Practice Center and via the Practical Guidance homepage. A nonqualified deferred compensation plan is any plan or arrangement, including a plan or arrangement covering only one person, in which a portion of an individual's current compensation will be payable in a later taxable year. A typical executive pay package includes the use of nonqualified deferred compensation plans that are structured to defer the timing of taxation on compensation. Strict compliance with tax code requirements and the constructive receipt and economic benefit doctrines are necessary to avoid current taxation and penalties. New Practical Guidance content includes overviews, forms, sample policies, timeline, and checklist.




In Focus: State Innovation Waivers


A new In Focus: State Innovation Waivers page has been added to the Health Care Practice Center. The Affordable Care Act allows states to apply for these waivers to pursue innovative ways to provide residents with access to high-quality, affordable health care while retaining basic ACA protections. The new In Focus page provides practitioners with all of the information they’ll need about state innovation waivers, including the relevant waiver processes and guidance, the status of states' waiver applications, and news and regulations affecting the waiver provisions.




A new consolidated Blockchain State Activity Tracker consolidates three separate trackers covering state legislation and guidance in connection with the regulation of the use of blockchain technology or its adoption for state government use. The focus is on three main topics: (1) establishing the validity of records using blockchain technology; (2) assessing the potential benefits of blockchain technology to the administration of government services; and (3) distinguishing between transmission of digital currency and other uses of blockchain technology that do not involve exchanges of value, allowing the latter to develop without a regulatory burden intended for financial transactions. The new tracker is available on the Banking & Finance Practice Center and on the Trackers homepage.




New titles published in the second half of 2018 by Bloomberg Law® Book Division and available exclusively on the Bloomberg Law platform include:


Defense of Class Action Litigation in Federal Court

Federal Health Care Discrimination Law

ERISA: Department of Labor Investigations, Enforcement, and Litigation

Evidence in Patent Cases

• Legal Malpractice Litigation (available end of December

McDonnell Douglas: The Most Important Case in Employment Discrimination Law

Vaccine, Vaccination, and Immunization Law




A new portfolio – Implementation of Basel III in Latin America – has been added to the Banking Practice Portfolio Series. The portfolio provides an overview of the varying levels of compliance with Basel III standards in Latin American countries, with a particular focus on Argentina, Brazil, Chile, Colombia, Mexico, Panama, and Peru.




The Bloomberg Law 2018 Labor & Employment Practice Benchmarks Report offers practitioners a comprehensive review of how law firm labor and employment attorneys conduct many aspects of their practice, from use of technology and social media to billing rates and fees, business development, and attracting and retaining attorneys. All respondents – 318 total – work at law firms or are sole practitioners, and a majority are partners or decision-makers at their firms.