February 2019


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.


Health Care

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.


Health Care

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 page – California 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.


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.