Coronavirus: Legal and business insights

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Coronavirus: Legal and business insights

Wednesday, July 1, 2020

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Avoid potentially costly litigation by making sure your website is ADA compliant

Wednesday, August 5, 2020

During the COVID-19 pandemic, the internet has become an essential tool to help people work and carry out daily tasks; however, for some people with disabilities, the internet has long been critical to helping them live independently. With this in mind, now is the time for your business to evaluate its website to determine whether it is appropriately accessible to disabled persons.

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Words matter: “ANY REASON” may mean “SOME REASON” in triggering a post-employment restrictive covenant

Tuesday, August 4, 2020

Words matter. This is especially true in the context of post-employment restrictive covenants, which are generally disfavored by courts. This article assesses how the lack of consistency of triggering verbiage will impact the applicability and ultimate enforceability of a post-employment restrictive covenant.

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Senate Republicans introduce a new stimulus package: The HEALS Act

Monday, August 3, 2020

Senate Republicans have introduced a new $1 trillion stimulus package - the HEALS Act. According to Senate Majority Leader Mitch McConnell, the HEALS Act is intended to be a “tailored and targeted draft that will cut right to the heart of three distinct crises facing our country – getting kids back in school, getting workers back to work, and winning the healthcare fight against the virus.”

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Steps to take before, during, and after an OSHA inspection

Thursday, July 30, 2020

Everyone involved in a construction project has a responsibility to take precautions to avoid injuries. The precautions that an employer takes will not only help avoid injuries, it will also help limit citations in the event of an injury or Occupational Safety and Health Administration (OSHA) inspection, and can help limit the severity of any citations that do result in the event of an inspection. Here are the steps that an employer should take before, during, and after an OSHA visit.

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FDA takes action against hand sanitizers containing methanol

Thursday, July 30, 2020

The FDA is issuing new warnings and increasing its monitoring of the production of alcohol-based hand sanitizer due to the presence of contaminants in violation of the Food Drug and Cosmetic Act and the fact that many products are failing to meet production guidelines put in place during the coronavirus public health emergency. Currently, 87 hand sanitizers are on the FDA’s do-not-use dangerous product list.

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DOL's new FMLA forms intended to improve user experience

Friday, July 24, 2020

In a diversion from its now regular stream of COVID-19 related guidance, the Department of Labor recently turned its attention to the Family and Medical Leave Act (FMLA). On July 16, 2020, the DOL’s Wage and Hour Division announced what it called “significant steps to improve workers’ and employers’ experiences with the use of the FMLA” by issuing new model notices and forms

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Martin T. McElligott joins Chicago office of McDonald Hopkins LLC

Thursday, July 23, 2020

Martin T. McElligott has joined the Chicago office of McDonald Hopkins LLC as an associate in the firm’s national Data Privacy and Cybersecurity Practice Group.

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Checklist for pricing construction project change orders and claims

Thursday, July 23, 2020

In the hectic day-to-day world of managing a construction project, it can be difficult to make sure you are including all costs that result from a change to your scope of work, whether you are pricing a proposed change order or a claim. While your contract likely addresses which specific time and cost impacts you can, and cannot, include in a change order or claim, this checklist can help to make sure you are not leaving things on the table.

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HHS notice on provider relief fund reporting requirements

Thursday, July 23, 2020

The Department of Health and Human Services (HHS) has released the, “General and Targeted Distribution Post-Payment Notice of Reporting Requirements,” on its CARES Act Provider Relief Fund (PRF) website. This notice is intended for healthcare providers who received one or more General or Targeted Distribution payments exceeding $10,000.

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Guidance on the waiver of 2020 required minimum distributions gives relief – with a deadline of Aug. 31, 2020

Wednesday, July 22, 2020

On June 23, 2020, the IRS and the Treasury Department issued new guidance (Notice 2020-51) that allows more people to roll a distribution (that they thought was a minimum required distribution) back into the plan or an IRA.

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Bankruptcy and the construction industry: What happens when the general contractor files for bankruptcy?

Wednesday, July 22, 2020

It is clear that the construction industry has been impacted by the coronavirus pandemic. Project owners, contractors, material suppliers, and equipment lessors are understandably concerned as some construction projects have stopped work and others are stalling as developers evaluate the situation. In this volatile environment, those in the construction industry need to know how a bankruptcy might impact the projects where they are working. In this post, we will look at what happens when the general contractor files for bankruptcy.

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Bankruptcy and the construction industry: What happens when the project owner files for bankruptcy?

Tuesday, July 21, 2020

It is clear that the construction industry has been impacted by the coronavirus pandemic. Project owners, contractors, material suppliers, and equipment lessors are understandably concerned as some construction projects have stopped work and others are stalling as developers evaluate the situation. In this volatile environment, those in the construction industry need to know how a bankruptcy might impact the projects where they are working. In this post, we will look at what happens when the project owner files for bankruptcy.

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Required distributions for 2020 suspended for many plan participants and IRA owners

Tuesday, July 21, 2020

The CARES Act creates a moratorium on required minimum distributions for 2020. You can take the distribution if you prefer, of course, but you will not be penalized if you do not. This will be welcome relief for people who do not want to liquidate investments in a down market in order to satisfy the minimum distribution requirement.

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CMS audits to resume August 3

Monday, July 20, 2020

At the end of March 2020, CMS suspended Medicare Fee-for-Service review due to the COVID-19 public health emergency. CMS recently announced that it plans to discontinue that suspension on August 3 due to the reopening of states and the importance of these medical review opportunities.

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Don't neglect or forget to review contract forms included in RFPs

Thursday, July 16, 2020

Contractors who assume that the terms of the contract included with a request for proposals (RFP) will be negotiated and finalized if the contractor is selected from the list of proposers do so at their peril.

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New markets tax credits provide much-needed private investment in economically distressed communities

Tuesday, July 14, 2020

New markets tax credits (NMTCs) create an incentive for taxpayers to invest in community development projects located in low-income census tracts that may otherwise not attract significant private investment. Although the federal NMTC program is set to expire on December 31, 2020, there is currently bipartisan support to extend the program. 

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OIG Work Plan updated to include trend analysis to determine fraud and abuse in COVID-19 add on testing and review of expanded telehealth services

Thursday, July 9, 2020

The OIG Work Plan sets out the various projects, audits and evaluations that the OIG will focus its efforts on each year. It is updated monthly and when finalized, the reports are publicized with recommendations. This alert will highlight two of the recent updates - using trend analysis to determine fraud and abuse in COVID-19 add on testing and review of expanded telehealth services

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Understanding the distinction and consequences of contingent payment clauses

Thursday, July 9, 2020

Perhaps no doctrine in construction law causes as much confusion as pay-if-paid and pay-when-paid provisions. In many states, the terms are used interchangeably; however, in Ohio, they mean very different things despite the seemingly identical terms. It is critically important that contractors, subcontractors, and suppliers understand the distinction and the consequences of those contingent payment clauses.

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Bibet-Kalinyak honored by French Ambassador to the United States during visit to Cleveland

Thursday, July 9, 2020

Ambassador of France to the United States Philippe Etienne formally introduced McDonald Hopkins member Isabelle Bibet-Kalinyak as the new Honorary Consul for France in Cleveland and Columbus and discussed opportunities for French business in the U.S. Midwest while visiting Cleveland for the first time on Wednesday.

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Consumer Financial Protection Bureau survives constitutional challenge

Tuesday, July 7, 2020

The Consumer Financial Protection Bureau, the nation’s top financial privacy watchdog, has survived a constitutional challenge to its very existence. As such, financial institutions subject to the bureau’s jurisdiction are required to remain in compliance with the bureau’s robust privacy regulations.

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