Coronavirus: Legal and business insights

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Coronavirus: Legal and business insights

Wednesday, July 1, 2020

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Florida court reaffirms economic loss rules applicability to construction projects

Wednesday, September 23, 2020

The Third District Court of Appeal recently issued an opinion reaffirming the economic loss rule’s applicability to construction projects in Florida. This decision is in line with decades of economic loss rule precedent and will benefit contractors who are faced with tort-based claims.

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Illinois appellate court holds that Workers' Compensation Act does not preempt claims for statutory damages under Biometric Information Privacy Act

Wednesday, September 23, 2020

On Sept. 18, 2020, the Illinois First District Appellate Court issued an important decision on an issue of first impression in Illinois appellate courts, holding that the Illinois Workers’ Compensation Act does not preempt claims for statutory damages under Illinois’ Biometric Information Privacy Act (BIPA). Unless it is overturned or withdrawn, the First District’s decision appears to eliminate a potential defense to BIPA claims.

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Nine McDonald Hopkins attorneys recognized as Michigan Super Lawyers and Rising Stars

Tuesday, September 22, 2020

Seven attorneys at McDonald Hopkins have been recognized on the Michigan Super Lawyers list as being among the top attorneys in Michigan for 2020. Another two McDonald Hopkins attorneys were recognized on the list of Michigan Rising Stars. 

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Shilpa Gokhale joins McDonald Hopkins LLC Chicago office as Counsel in the Executive Compensation and Governance Practice Group

Tuesday, September 22, 2020

Shilpa Gokhale has joined the Chicago office of McDonald Hopkins LLC as Counsel in the Executive Compensation and Governance Practice Group.

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'5 Questions With' Harlan Sands, president of Cleveland State University

Monday, September 21, 2020

A monthly segment from the McDonald Hopkins Public Law Group that asks local, regional and statewide leaders to pass along their wisdom on items of current and lasting interest. This inaugural installment asks Harlan M. Sands, the president of Cleveland State University, to guide readers through his thoughts on preparing his campus for a return to class – and shaping the mindsets of his students, faculty and staff.

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Problem Solvers Caucus hopes to bring Democrats and Republicans back to the negotiation table with its “March to Common Ground” COVID stimulus framework

Monday, September 21, 2020

The Problem Solvers Caucus recently introduced the “March to Common Ground” COVID-19 stimulus framework in an attempt to address several key areas, including COVID-19 testing, unemployment insurance, additional direct stimulus, worker and liability protection, small business and non-profit support, food security, schools and child care, housing, election support, and state and local aid.The framework introduces new stimulus money and reallocates previously appropriated CARES Act funding

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Good for business: Ohio enacts law limiting liability for COVID-19 lawsuits

Wednesday, September 16, 2020

Ohio has joined six other states in enacting a law limiting employers’ liability in COVID-19 lawsuits. Specifically, H.B. 606 (the “Good Samaritan Expansion Bill”) grants qualified civil immunity to healthcare providers, individuals, schools, corporations, estates, trusts, partnerships, associations, for profit and non-profit entities, governmental entities, religious entities, and state institutions of higher education.

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Ohio Department of Health releases adult daycare and senior center reopening guidelines

Monday, September 14, 2020

The Ohio Department of Health recently released official guidelines and restrictions all Ohio senior centers and adult daycare facilities must follow to prevent the spread of COVID-19. 

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Newest Senate COVID-19 stimulus package joins the growing list of failed legislation attempts

Monday, September 14, 2020

On September 10, 2020, Senate Republicans and Democrats failed to reach a compromise on an additional COVID-19 relief package. This is only one of several attempts since the passage of the March 2020 CARES Act to introduce a new economic stimulus bill to further address the effects coronavirus has had on the entire nation. 

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DOL issues revised FFCRA regulations

Monday, September 14, 2020

On Sept. 11, 2020, the U.S. Department of Labor issued revised regulations under the Families First Coronavirus Response Act (FFCRA) in response to a New York federal court decision last month that struck down key aspects of the original FFCRA regulations. With the revised regulations, the DOL holds its ground on much of its initial FFCRA interpretation while providing additional guidance to support its initial positions. 

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James R. Baldwin joins Intellectual Property Department in Chicago office of McDonald Hopkins LLC

Thursday, September 10, 2020

James R. Baldwin has joined McDonald Hopkins LLC in the Intellectual Property Department of the firm’s Chicago office.

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Theresa M. Lanese joins Litigation Department in Cleveland office of McDonald Hopkins LLC

Friday, September 4, 2020

Theresa M. Lanese has joined McDonald Hopkins LLC as an associate in the Litigation Department of the firm’s Cleveland office.

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SEC modernizes the definition of accredited investor

Wednesday, September 2, 2020

On August 26, 2020, the SEC adopted amendments to the “accredited investor” definition, which is one of the principal tests for determining who is eligible to participate in private securities offerings. These changes are anticipated to become effective by the beginning of November (the final rule will be effective 60 days after publication in the Federal Register). The SEC stated that these amendments are intended to update and improve the existing definition of “accredited investor” to “identify more effectively investors that have sufficient knowledge and expertise to participate in investment opportunities.” 

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Payroll tax deferral guidance leaves unanswered questions

Wednesday, September 2, 2020

On August 28, 2020, the IRS and U.S. Treasury issued guidance implementing an order from President Donald Trump to defer collection of certain payroll taxes normally withheld from employees’ paychecks. However, a number of questions remain for businesses, including whether or not the deferral is mandatory and how the order would be implemented.

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CISA provides updated guidance for essential businesses and workers

Monday, August 31, 2020

The new Essential Critical Infrastructure Workers Guidance Version 4.0, released by the Cyber Security and Infrastructure Security Agency on August 18, lists essential workers that require specialized risk management strategies to ensure they can work safely. In addition, CISA hopes that the guidance will assist workers and organizations plan and prepare for the allocation of resources used to protect essential workers.

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School’s in session: New FFCRA FAQs address return to school leave issues

Friday, August 28, 2020

Just in time for the first bell, the Department of Labor has issued new frequently asked questions to help employers and working parents understand how the Families First Coronavirus Response Act applies to the various return to school formats and schedules that school districts are implementing.

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House of Representatives passes emergency USPS legislation

Monday, August 24, 2020

House Speaker Nancy Pelosi called House of Representatives members back from recess on Saturday, August 22, to vote on a bill to provide emergency funding to the USPS. The $25 billion measure, largely backed by Democrat House members, is intended to inject extra funding into the struggling USPS and reverse several changes to the Postal Service’s operations made by Postmaster General Louis DeJoy.

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McDonald Hopkins LLC welcomes Mitchell Capp to Litigation Department in firm's Detroit office

Friday, August 21, 2020

Mitchell Capp has joined McDonald Hopkins LLC as an associate in the Litigation Department of the firm’s Detroit office. Mitch’s practice focuses on business litigation and counseling issues in a broad range of contexts, including contractual disputes, general and professional liability, construction liability, labor and employment, corporate governance, intellectual property, and risk transfer.

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Lawyer of the Year honorees Riley and Welin among 42 McDonald Hopkins attorneys recognized as 2021 Best Lawyers

Thursday, August 20, 2020

Lawyer of the Year honorees Shawn M. Riley and Peter D. Welin headline a list of 42 McDonald Hopkins LLC attorneys who have been selected by their peers for inclusion in the 2021 Edition of the Best Lawyers in America. In addition, three attorneys have been named in the 2021 Edition of the Best Lawyers in America: Ones to Watch.

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3 common litigation Q&As

Thursday, August 20, 2020

Alan Burger, an experienced litigator and Member in McDonald Hopkins’ West Palm Beach office, offers insight gained over the course of a 30-year legal career on three common questions clients ask when facing litigation.

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Congress recesses without reaching COVID-19 relief agreement

Monday, August 17, 2020

For weeks the Senate and House of Representatives have been attempting to negotiate a second stimulus package to address the economic affects of COVID-19. However, due to disagreements in the amount of aid to be provided and what individuals and entities would be eligible, both houses have failed to reach an agreement. It is now increasingly likely that Americans will not see additional economic aid until late September.

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Does the right to receive rent payments transfer with the sale of property?

Friday, August 14, 2020

A recent Ohio Supreme Court case reminds property owners that it is critically important to clearly describe what rights and interests are being conveyed - and, more importantly, what rights and interests are being reserved - in any real estate transaction. The absence of such clear language can give rise to issues down the road.

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McDonald Hopkins LLC welcomes Jermaine N. Conner to Litigation Department in firm’s Cleveland office

Thursday, August 13, 2020

Jermaine N. Conner has joined McDonald Hopkins LLC as an associate in the Litigation Department of the firm’s Data Privacy and Cybersecurity group in the Cleveland office.

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Be mindful of any statements or disclosures involving COVID-19

Wednesday, August 12, 2020

As the COVID-19 public health emergency continues, one issue that all companies stand to face is the rising threat of Rule 10b-5 claims made in connection with the purchase or sale of securities. Hence, public companies, their officers and private companies alike should be very careful in what information they disseminate regarding COVID-19.

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CMS proposes remote patient monitoring policy changes and guidance

Tuesday, August 11, 2020

The Centers for Medicare & Medicaid Services has issued proposed changes and offered guidance on Medicare payment requirements for remote patient monitoring and other services within its Medicare Physician Fee Schedule proposed rule for calendar year 2021.

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CMS issues Medicare Physician Fee Schedule proposed rule for 2021

Tuesday, August 11, 2020

The Centers for Medicare and Medicaid Services has issued a proposed rule for Medicare payment and related policy changes under the Medicare Physician Fee Schedule going into calendar year 2021. This proposed rule would help to implement a recent Executive Order from the Trump administration which aims to permanently expand telehealth benefits for Medicare beneficiaries following the COVID-19 Public Health Emergency and increase access to care in rural communities.

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President Trump bypasses Congress and introduces four new executive actions to address COVID-19

Monday, August 10, 2020

President Donald Trump signed four controversial executive actions on August 8 in an attempt to provide much needed economic relief during the COVID-19 pandemic. If successful and implemented, the actions would provide additional unemployment benefits, defer payroll taxes, extend the moratorium on student loan payments, and provide for the ability to halt evictions and foreclosures.

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Daily reports can make or break your next claim

Friday, August 7, 2020

Have you ever settled a dispute for less than you deserved on a claim because you didn’t have the backup to substantiate your claim? We see it all the time and it never sits right with us or our client when we know that money was left on the table because the records didn’t show what we all knew to be true. 

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Newly proposed Federal Biometrics Privacy Act mirrors controversial - and expensive - Illinois statute

Friday, August 7, 2020

On August 4, 2020, Senators Jeff Merkley and Bernie Sanders introduced the National Biometric Information Privacy Act (the “National Act”), a data privacy law modeled after the Illinois Biometric Information Privacy Act (the “Illinois Act”). As Illinois’s experience shows, the proposed act has potential to give rise to a tidal wave of expensive class action lawsuits against all manner of businesses throughout the country. Companies should carefully monitor the progress of the National Act and analyze the impact it would have on their businesses.

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FDA takes action against subpotent and methanol-contaminated hand sanitizers

Wednesday, August 5, 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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