News & Legal Updates

With the attention of many employers focused elsewhere, on November 15, 2024, the federal district court in Texas quietly, but completely, set aside the Department of Labor’s final rule raising the minimum salary level thresholds for exempt employees.

McDonald Hopkins is pleased to announce the addition of Carissa Siebeneck Anderson as Counsel in the Mergers and Acquisitions and Government Contracting and Procurement Practice Groups. Carissa brings over a decade of extensive knowledge of government contracts law, corporate law, and regulatory compliance.

Recently, Crain's Cleveland Business featured a lawsuit filed by McDonald Hopkins' Stephen Rosenfeld on behalf of clients. The suit, filed on Oct. 28 in U.S. District Court for the Northern District of Ohio alleges some key leaders at the Solon biotechnology company Locus Solutions engaged in fraud. 

Last week, the United States Supreme Court heard a case concerning publicly traded organizations' duties to report data breaches to investors. The Court's forthcoming ruling may expand publicly traded companies' obligations to report data security incidents to their investors.

McDonald Hopkins is proud to welcome Associate Hannah Jones to the firm’s Litigation Department and the national Data Privacy and Cybersecurity Practice Group. 

McDonald Hopkins is proud to welcome four new associates to the firm, all of whom previously worked at the firm as clerks during their law school years. Their desire to officially start their legal careers at McDonald Hopkins underscores the commitment to being a destination for top-tier legal talent and, ultimately, a cultivator for that talent.

Over the past 24 months, the U.S. Department of Health and Human Services Office for Civil Rights has brought notable enforcement efforts against several non-profit covered entities and business associates, resulting in instances of six and seven-figure penalties against providers across the county for incidents involving breaches of protected health information.

McDonald Hopkins has once again been recognized as one of the nation’s top law firms by Best Lawyers®. The 2025 edition of the United States Best Law Firms® rankings, released on November 7, 2024, highlights McDonald Hopkins in more than 40 different categories, with eight practices ranking nationally.

A new amendment to New York state law, which would have required all healthcare providers to obtain separate consents from patients for treatment and payment is on hold until further guidance is released, according to the New York Department of Health.

McDonald Hopkins is proud to welcome Marcus Robertson as an Associate in the Business Department and a member of the Mergers and Acquisitions Practice Group. Marcus is passionate about helping his clients succeed and takes pride in being part of some of the most pivotal moments in their business’s or organization’s growth.

On November 1, 2024, the Centers for Medicare & Medicaid Services issued the Medicare Physician Fee Schedule 2025 final rule, which establishes new advanced primary care management billing codes that will expand opportunities for physician practices, federally qualified health centers, rural health clinics and other health care providers to get paid for services provided by clinical staff under the direction of a physician, nurse practitioner or physician assistant beginning January 1, 2025.

A shift in power almost always brings with it new policies that could impact many things, including your business and your estate. McDonald Hopkins is here you prepare for the changes ahead with two upcoming webinars you don't want to miss.

On October 16, 2024, the New York State Department of Financial Services (NYDFS) issued new guidance to NYDFS regulated entities (Covered Entities) on cyber security risks arising from AI.

This framework is an extremely helpful guide when an organization is faced with the daunting task of auditing its privacy practices, the unique circumstances of each organization necessitates the input of seasoned professionals and experts in order for an organization to reach the required goal of full compliance with applicable laws.

Legal updates for pathology and laboratory clients in New York and California, and updates on the PAMA delay

The Equal Employment Opportunity Commission closed out its fiscal year by filing a flurry of lawsuits, bringing the total number of lawsuits filed this fiscal year to 93.

With the use of AI technology becoming an ever-growing facet of the lives of everyday Americans, AI companies are facing immense pressure to comply with existing and emerging laws and standards. And compliance, evidenced by Pieces’ settlement decree, is non-optional.  

McDonald Hopkins proudly congratulates Kelly Campbell, a data privacy and cybersecurity attorney in our Baltimore office, on her selection as one of the 2024 Living Classrooms Foundation Rising Stars presented by the Baltimore Business Journal. 

Jordan Sharp's arrival at McDonald Hopkins underscores the firm's ongoing commitment to be a destination for top-tier legal talent and to advancing its strategic growth in Chicago, a location where the firm has doubled its corporate team over the past few years.

The New Jersey Supreme Court recently issued new guidelines governing attorneys and law firms’ ethical obligations to report certain cybersecurity incidents. New Jersey’s guidelines come at a time when many other courts and attorney regulatory bodies across the United States are considering the security threats to the privacy of sensitive information clients entrust their attorneys.

Digital assets are presenting a similar impact, both with respect to the potential wealth such assets can afford its owners, and also the opportunity the digital assets may provide for purposes of a new “asset class” under the Uniform Commercial Code (the UCC), which this article surveys.

McDonald Hopkins is proud to announce the election of four talented attorneys to the firm’s membership as of October 1, 2024. These four new Members are not only exceptional in their field of law but embody McDonald Hopkins’ entrepreneurial spirit and dedication to customized and proactive client service.

McDonald Hopkins would like to congratulate Teresa Metcalf Beasley on her recognition by Crain’s Cleveland Business as a 2024 Notable Black Leader. Each year, Crain’s Cleveland Business honors individuals making an impact in their respective fields and communities.

This report highlights the rapid expansion of remote patient monitoring and suggests that providers furnishing remote patient monitoring can expect increasing scrutiny and, eventually, expanded reporting requirements in connection with billing for remote patient monitoring

The Department of Education recently announced plans to propose a new rule on higher education institutions in an effort to increase the efficacy of such institutions’ protection of the data in their stewardship.

McDonald Hopkins’ nationally recognized Data Privacy and Cybersecurity Practice group continues to add talented new attorneys to its diversified team, solidifying its recognition as a destination firm for lawyers and clients alike. The firm is thrilled to welcome Chelsea Zortman as the newest associate to join the practice.

Illinois Governor J.B. Pritzker approved bills on August 9, 2024 establishing telehealth standards dentistry and physical therapy services.   

Team McDonald Hopkins raised nearly $33,000 for the Susan G. Komen Foundation's mission to end breast cancer forever and was featured on NBC Detroit for our efforts.

McDonald Hopkins is proud to welcome Tom Stine as Counsel to its Intellectual Property Department. Tom brings with him decades of experience in all facets of intellectual property and patent law.

The Council of Europe’s AI treaty represents a critical milestone in global AI governance. The Framework Convention addresses the rapidly evolving nature of AI technologies while ensuring that their development and implementation remain aligned with fundamental human rights by embedding values such as transparency, accountability, and respect for human dignity into the lifecycle of an AI system.

McDonald Hopkins is pleased to announce the addition of Michael Centa as an Associate in the firm’s Intellectual Property Department. Michael brings significant experience in patent prosecution, specializing in securing and protecting intellectual property rights across a broad range of technological fields, including mechanical engineering, electrical engineering, and software systems.

McDonald Hopkins' Members David Agay, Marc Carmel, and Benjamin Panter have been recognized by Crain's Chicago as Notable Leaders in Accounting, Consulting, and Law.

McDonald Hopkins is proud to announce that members David Agay and Joshua Gadharf have been recognized as recipients of the 2024 Turnaround and Transaction of the Year Award by the Turnaround Management Association.

McDonald Hopkins LLC is pleased to announce the addition of Laura Nguyen as an Associate in the firm’s Litigation Department.

McDonald Hopkins is proud to welcome John J. Hanley as a Member in the Business Department and the Litigation Finance Practice Group. John brings with him years of experience, a proven track record of success and an innovative spirit that will play a pivotal role at the firm.

The Texas court deemed the Non-Compete Rule unlawful, set it aside, and ordered that the “Rule shall not be enforced or otherwise take effect on its effective date of September 4, 2024, or thereafter.”

McDonald Hopkins is pleased to announce the addition of Farzana Ahmed as an Associate in the Litigation Department and a member of the firm’s national Data Privacy and Cybersecurity Practice Group.

47 McDonald Hopkins attorneys recognized as Best Lawyers in America and 13 attorneys recognized as Best Lawyers: Ones to Watch in America

The NYDFS’ new regulations continue to evolve and demand awareness and vigilance to maintain compliance. If you have questions about satisfying NYDFS cybersecurity compliance, have questions about national privacy requirements, or think you might have experienced a cybersecurity incident, contact a member of McDonald Hopkins' national cybersecurity and data privacy team.

This ruling reveals the limits to the rejection power of the Bankruptcy Code. While a bankrupt franchisee can use bankruptcy to unburden itself of future monetary liabilities due to a franchisor, such franchisee cannot completely rid itself of those bargained-for equitable remedies that are there to protect the integrity of the brand and the confidential, proprietary information that the franchise arrangement is designed to protect.

This decision only adds to to the growing circuit split on the application of the “hypothetical test” or the “actual test” in bankruptcy, and may lead a higher court to consider the issue. For franchisees in the Sixth Circuit who desire to reorganize in bankruptcy, however, this decision provides clarity about which test parties may use to determine if a contract could be assumed.

McDonald Hopkins, a business advisory and advocacy law firm, is proud to announce significant growth and key trends within its Data Privacy and Cybersecurity Practice Group within the first half of 2024. The firm has successfully responded to a remarkable number of data breaches and incidents, showcasing its commitment to safeguarding client data and navigating the evolving complexities of data privacy.

Seven attorneys at McDonald Hopkins have been selected to the 2024 Michigan Super Lawyers list, and three McDonald Hopkins attorneys have been selected to the 2024 Michigan Rising Stars list.

The U.S. Environmental Protection Agency (EPA) awarded over $129 million to Cuyahoga and Lake Counties to fund solar installations on six different landfills. The next couple of years will be crucial as design and engineering work takes place, leading to the commencement of construction.

On July 31, 2024, in a much-anticipated decision in the case of Mothering Justice v. Nessel, the Michigan Supreme Court restored laws that will increase Michigan’s minimum wage, eventually eliminate tip credit, and expand mandatory paid sick leave.

McDonald Hopkins, a destination law firm for top legal talent, is pleased to announce that Madison Massie has joined the firm's Business Department as an Associate, bringing her knowledge and expertise to the Tax and Benefits Practice Group.

As a result of the Pennsylvania ruling and the limited scope of the injunction in the Texas case, for now, businesses and employers still need to plan for the Rule’s potential effective date on September 4, 2024.

While ransomware attacks usually grab the headlines, one of the more troubling trends in the ever-evolving e-commerce world is the rise in business email compromise attacks, which continue to cause massive financial losses for businesses.

Pennsylvania Governor Josh Shapiro recently signed into law an amendment to the state’s existing data breach notification statute that will have major implications for organizations who collect, process, or store information relating to Pennsylvania residents.

An overview of what healthcare entities should know and do if the FTC Final Rule banning non-competes takes effect in September of 2024.

James Giszczak was recently featured on a West Palm Beach news report regarding the Florida Department of Health's latest cyber incident.

The Federal Trade Commission  announced revised monetary thresholds for three exemptions from the Franchise Rule

FTC issues policy statement on franchisor’s use of contract provisions to suppress a franchisee’s allegations of violations of law.

The Centers for Medicare & Medicaid Services issued the Medicare Physician Fee Schedule 2025 proposed rule, which includes proposed new advanced primary care management billing codes that would expand opportunities for physician practices, federally qualified health centers, rural health clinics  and other health care providers,

Peter Bernhardt named as one of "Florida Trend's- Legal Elite Managing Partners"

In a decision that employers across the country have anxiously awaited, the Northern District Court of Texas issued a ruling on July 3, 2024, on the Federal Trade Commission’s broad Non-Compete Rule that would ban most non-compete agreements. While the court found that the FTC lacks the authority to ban all non-compete agreements, at this point the court’s decision stops short of issuing a nationwide injunction that would fully halt the Rule.

McDonald Hopkins is proud to announce that Marc Carmel and the Litigation Finance practice have been recognized by Chambers and Partners 2024 in this year’s Litigation Support Guide.

McDonald Hopkins is pleased to announce the addition of Jaime Coco as Counsel to its esteemed Business Department and Real Estate Practice Group. Jaime brings with her a wealth of knowledge and experience and will practice in the firm’s West Palm Beach office.

Scammers can use information submitted to the USPTO to craft compelling phishing calls, texts, and emails. They attempt to fool you into believing that if you hand over payment or personal information, they will help you protect your mark and brand from immediate assault. McDonald Hopkins IP Department has insightful information to help you avoid falling for this kind of scam. 

Kevin Washburn honored by Michigan Lawyers Weekly as one of the "Go-To Lawyers" for Cannabis Law.

The push to revamp Ohio's energy policy: lawmakers hear testimony on SB 275 while HB 197 hearing cancelled

McDonald Hopkins is pleased to announce the firm’s newest associates, Benjamin Foote-Huth and Suyung Song. Benjamin is a part of the Intellectual Property Department and Suyung joins the Strategic Advisory and Business Restructuring Department.

Peter Bernhardt, John Metzger, Alaina Karsten, and Jeffrey Haut have all been honored by 2024 Florida Super Lawyers

Attorneys David Lane and Jennifer Torrez bring a wealth of knowledge in their respective practice areas and add to the overall strength of our dynamic Data Privacy and Cybersecurity Group.

Jane Pine Wood, of McDonald Hopkins' Healthcare Practice Group, was recently featured in two publications explaining the FDA's Final Rule on LDTs.

Dominic Paluzzi, co-chair of McDonald Hopkins' Data Privacy and Cybersecurity Practice Group, explains the growing threat that cyberattacks pose to public entities during a newscast about the city of Cleveland's ongoing 'cyber incident.'

Another domino has fallen in the continued evolution of the business of college sports. The NCAA and its Power Five conferences have agreed to allow member schools to pay players directly for the first time in college sports history.

The push to pass Ohio Senate Bill 275: Revamping the state's net metering policy

McDonald Hopkins is a destination firm for attorneys looking to grow their careers and work in a culture comprised of collaborative and determined professionals. Jane Pine Wood explains why after 8 years as in-house counsel for a large laboratory she has returned to private practice at McDonald Hopkins.

McDonald Hopkins is pleased to announce the attorneys and practice areas that have been recognized by Chambers USA in its 2024 guide.

Two Medicare Administrative Contractors have finalized their proposed Local Coverage Determinations  regarding medical necessity guidelines for special stains and IHC stains. These LCDs will become effective in July.

Many laboratories engage sales and marketing representatives to assist them in growing their laboratory business.  Although for decades, the federal government has expressed concerns regarding the activities of certain sales and marketing representatives and potential violations of the Medicare and Medicaid Anti-Kickback Statute.  Now, it has a tool to address its concerns. 

Ohio Senate Bill 275 builds on the history and success of Ohio’s net metering program by introducing virtual net metering into Ohio. Virtual net metering addresses the roof issue while also helping to alleviate gird stress and incentivizing investment in distressed properties. 

While the development of cybersecurity tools, such as those offered to hospitals through the UPGRADE program will come with substantial benefits, hospitals should also anticipate further probing from the OCR with respect to efforts made by the hospitals to implement and maintain technical safeguards to prevent incidents from occurring.

James Giszczak and Eric Benson contribute to ILN's 2024 Data Privacy Guide

The DEA’s proposal to reschedule marijuana from Schedule I to Schedule III of the CSA was published on the Federal Register on May 21, 2024. The proposal was released in draft form on May 17, 2024 and was published on the 21st without changes. By publishing the proposal on the Federal Register, the DEA officially opened a 62 day public comment period that ends on July 22, 2024.

McDonald Hopkins, a leading business advisory and advocacy law firm, is pleased to announce the addition of Arezoo Habibi as an Associate in the firm’s Litigation Department. She joins the firm’s robust commercial litigation team, bringing experience and a fresh perspective to the team.

Reproductive privacy has received an additional boost of protection with the Office for Civil Rights’ Final Rule

Teresa Metcalf Beasley, chair of McDonald Hopkins’ Public Law Practice Group, was featured on several northeast Ohio news stations for her impactful work with the Western Reserve Ohio Links Chapter.

The FDA has issued its long-anticipated final rule regulating laboratory developed tests. Taking into consideration the concerns regarding the adverse impact upon patient care, the FDA outlined several categories of full and partial enforcement discretion.

If approved, the reclassification of marijuana will create unprecedented change for both businesses and consumers in the US. While many of those changes’ impacts are not clear at this time, there are some consequences of reclassification that provide welcome relief to existing marijuana businesses.

McDonald Hopkins is proud to congratulate member and Data Privacy and Cybersecurity Co-Chair Dominic Paluzzi on his selection to Cybersecurity Docket's Incident Response 50 for 2024.

The FTC's Final Rule banning non-competes has a clear definition of "worker" but the definition does not include a franchisee in the context of a franchisee-franchisor relationship. 

Companies should begin evaluating whether they qualify for an exemption from CTA reporting requirements, and if not, begin preparing reporting information and constructing policies to ensure continued compliance with the CTA.

Legislators in Connecticut just recently passed an AI bill, creating rules and regulations for AI developers and educating the general public about its uses.

The IRS published its Dirty Dozen list, detailing the "worst of the worst" in tax scams-- warning tax professionals of increased spear-phising attacks.

Each year, the Executive War College provides valuable information for everyone in the lab industry. The McDonald Hopkins Healthcare team monitors trending topics discussed at the conference and will provide key takeaways from this year's EWC when the sessions conclude. 

McDonald Hopkins' Trade Secret, Non-Compete, and Unfair Competition attorneys have put together insights for employers on the immediate impact of the FTC's rule banning non-competes and guidance on what to expect in the coming days, weeks, and months. 

The Maryland Online Data Privacy Act of 2024 is another example of the shift in the landscape of state data privacy regulations in the absence of federal regulation.

As expected, the U.S. Chamber of Commerce is seeking immediate relief from federal court to halt the implementation of the FTC's rule banning non-compete agreements. 

Following yesterday’s announcement on the Federal Trade Commission’s national ban on workplace non-competes, McDonald Hopkins has identified critical elements of the new rule and put together information on what employers can expect over the next several months.

The Kentucky Medical Cannabis Program filed 2 emergency regulations defining the program’s license application process. The governor signed the emergency regulations into effect immediately to expedite the roll out of Kentucky’s medical cannabis program.

McDonald Hopkins' co-president, James Giszczak, explains the evolution of cyberattacks in Crain's Detroit Business feature

At an open meeting on Tuesday, April 23, 2024, the Federal Trade Commission voted along partisan lines to ban non-compete agreements

Under the DOL’s final rule, the annual salary level to qualify for exempt status will increase in two steps resulting in an increase from the current $35,568 per year to $58,656 per year by January 1, 2025. 

McDonald Hopkins' co-presidents, Jim Stief and Jim Giszczak discuss why partnering with College Now is so important.

McDonald Hopkins is proud to announce the firm has been recognized as an unparalleled leader in client service and named to the BTI Client Service A-Team 2024.

McDonald Hopkins' members, David Kall and Katherine Wensink, explain the importance of mentorship and our partnership with College Now.

While the MFIL provides protections to franchisees, the fact remains that franchisors exercise significant discretion over their brands and hold considerable sway over the transfer of franchise rights.

A recent case illustrates the importance of considering the impact of any potential defaults, whether non-monetary or otherwise, before any franchisee bankruptcy. 

If there is a foundational value to be found in the rise and fall of Burgerim, it is this: before investing in any franchise concept, it is imperative that all aspects of the offering are vetted and that qualified and experienced advisors are consulted.  As the old adage goes, when something sounds too good to be true, it usually is.

A four-term Michigan mayor lost his lengthy battle to seek a fifth term earlier this month when the Sixth Circuit U.S. Court of Appeals, which oversees federal litigation in several states including Ohio, upheld his city’s new charter provision setting mayoral term limits.

Two Ohio outdoor advertising firms will test the limits of both a state statute and a recent U.S. Supreme Court case after filing lawsuits in federal court earlier this month over township billboard regulations.

Ohio H.B. 257, if enacted, would exempt a broader swath of records related to public-safety employees from public view.

McDonald Hopkins' member, Shawn Riley, recently voiced his expertise regarding higher education institutions and why some are dealing with financial issues in Cleveland Plain Dealer's article 'CSU is spending $9 million on faculty and staff buyouts.'

Mike Witzke, the Chair of the Estate Planning and Probate Practice Group, explains changes coming to estate tax in 2025.

McDonald Hopkins LLC is proud to announce the addition of two distinguished attorneys to its Intellectual Property Department. Sean Mellino and Jamie Pingor bring decades of experience and diverse legal knowledge in intellectual property law to the firm. Their integration into McDonald Hopkins underscores the firm’s commitment to attracting top legal talent, cementing its status as a destination firm for accomplished attorneys and discerning clients alike.

McDonald Hopkins is proud to announce the addition of two new attorneys, Karen Bridges and Edward Grahovec, to its national Data Privacy and Cybersecurity Practice Group.

A major compliance deadline is approaching for the New York Department of Financial Services cybersecurity regulation, 23 NYCRR §§ 500.0—500.24, or Part 500. If not already underway, covered entities should immediately initiate a review of their cybersecurity program to determine any potential shortcomings and areas of improvement. 

For the past 6 years, McDonald Hopkins has been proud partners with the College Now Mentorship program. To promote mentorship, every April the NBC affiliated TV station, WKYC, promotes ‘Mentor Monday,’ highlighting the program and why adults throughout Northeast Ohio should sign up to be mentors.

The DHS is the first major U.S. government agency to substantially implement AI in its policies and plans, spurred by the “unprecedented speed and potential of AI’s development."Its roadmap, details an aggressive set of goals using AI, with multiple targets for the end of 2024.

McDonald Hopkins, a leading business advisory and advocacy law firm, is pleased to announce that Alex Tominc has joined the firm as an Associate in the Litigation Department and Energy Litigation team.

McDonald Hopkins LLC, a business advisory and advocacy law firm, is pleased to announce the addition of Mackenzie ‘Mac’ Burns to its Litigation Department. Burns’ integration into McDonald Hopkins underscores the firm’s commitment to attracting and nurturing exceptional legal talent, becoming a destination firm for both accomplished attorneys and clients in need of service.

A Texas federal district court has struck down the NLRB's new joint employer rule because it would treat some companies as the employers of contract or franchise workers even when they lacked any meaningful control over their working conditions.

The House of Representatives approved legislation that would require TikTok’s Chinese parent company to sell TikTok within 180 days of its enactment or risk having the app banned in the U.S. Lawmakers state the action was driven by the threat it poses to national security.

Public corporations, such as JetBlue Airways Corp. and Molson Coors Beverage Company, are citing Diversity, Equity and Inclusion initiatives as a “risk” factor in their 10-K filings. The growing DEI pushback is a good reminder for employers that fairness and equality, regardless of protected characteristics, and based upon bona-fide qualifications, is a good compass by which to make employment-related decisions.

Executive Compensation: why the niche service is rapidly growing in demand and how McDonald Hopkins' Executive Compensation Group has emerged as a leader in the field.

If Maine passes its data privacy protection law, it is set to be the strongest data privacy law in the United States. While the enactment remains uncertain, its potential adoption signals a move towards stricter state-level data privacy laws in the U.S., especially in the void of overarching federal regulations. 

Crain's Cleveland Business has selected McDonald Hopkins' Christal Contini and Elizabeth Sullivan to its 2024 list of Notable Women in Law.

The increased integration of and reliance upon managed service providers allows businesses to focus on what they know best and outsource the rest, but it has also shifted an ever-increasing burden of data stewardship to MSPs. This article provides a high-level overview of considerations MSPs should take into account regarding privacy compliance, cybersecurity and risk management and a variety of other best practices.

Peter Bernhardt, the leader McDonald Hopkins' West Palm Beach office, has been featured on the cover of Country Club Living Palm Beach North magazine.

In a significant legal move, a prominent figure in the healthcare consulting sector, represented by McDonald Hopkins, has sought leave to file an amended complaint against Nordic Consulting Partners and its CEO. The lawsuit alleges a series of deceptive practices that constitute fraud, copyright infringement, and intellectual property violations that have significantly impacted his innovative healthcare software, Wellward.

McDonald Hopkins is proud to announce the addition of Alaina Karsten to its Litigation Department. Karsten is a leader in her field, bringing a wealth of expertise and a track record of success to the firm. Her hiring reinforces that McDonald Hopkins is a premiere choice for talented attorneys looking to grow their careers.

Crain's Chicago Business has selected McDonald Hopkins' Blair Dawson, Emily Johnson, and Michelle Kantor to its 2024 list of Notable Women in Law.

The Attorney General’s report outlines themes of early enforcement efforts with respect to privacy policies, matters concerning the collection of sensitive data, and heightened protection for teen and children's data. 

McDonald Hopkins recently released its 2024 Business Outlook survey results and has since been featured in several newscasts and publications, taking a deeper dive at survey results.

AI can enhance the discovery process, ease the burden associated with collecting and analyzing large data sets, improve legal research, and optimize the drafting and reviewing of contracts and other legal documents, but attorneys should also be prepared to challenge its use by opposing counsel or third parties when appropriate.

From 2020 to 2023, there was a high degree of uncertainty in the future of tax and estate planning. This year, with a split in legislative control and less of a chance the laws will change, the outlook is more predictable and our Estate Planning and Probate team has highlighted 5 key changes and planning opportunities related to gift, tax, and retirement planning.

AI's versatility has made it highly attractive to criminal groups, who have leveraged the technology to enhance existing cybercrime methods and build new ones.  

Cybersecurity threats target every industry, and food and agriculture are not exempt from this threat. This has piqued the interest of the legislature, which has recently taken steps to counter these threats.

Top officials from various federal departments and agencies recently convened to discuss progress on directives set out in an October 2023 executive order concerning the safe, secure, and trustworthy development and use of artificial intelligence. 

McDonald Hopkins conducted its 2024 Business Outlook Survey and the results show business owners are approaching this year with cautious optimism.

Researchers at Cybernews and Security Discovery recently uncovered what they are referring to as the most significant data breach ever - the “Mother of all Breaches” or “MOAB.”This data breach accounts for 26 billion exposed records.

New Jersey has joined about a dozen other states by enacting new and comprehensive privacy legislation. The law, Bill S332, was signed into law on January 16, 2024 and will take effect in January 2025. The law applies to data controllers that do business in New Jersey or target New Jersey residents.

McDonald Hopkins is proud to announce Sharon Cruz as the newest addition to the firm. Sharon is Counsel in McDonald Hopkins’ Litigation Department and is joining the firm’s distinguished Data Privacy and Cybersecurity Practice Group.

New Hampshire is now the 14th state to pass a comprehensive data privacy law, with Senate Bill 255, the New Hampshire Data Privacy Act. Assuming it makes it through the remaining legislative process, the new law would go in effect on January 1, 2025.

While some courts consider forensic reports as work product or attorney-client privileged, other courts, including the District Court for the Western District of Washington, hold otherwise. The court’s decision demonstrates how important it is for companies to engage experienced privacy counsel to lead cybersecurity initiatives, especially with framing incident response agreements. 

McDonald Hopkins is proud to congratulate Michelle Kantor on her appointment to the Board of Directors of Women Impacting Public Policy (WIPP).

Artificial intelligence (AI) is seemingly everywhere these days, and discussions abound about how it will impact individuals’ daily lives as well as businesses from an operational and compliance perspective.  In this series, the McDonald Hopkins Data Privacy and Cybersecurity Team will be providing the most current information and developments on AI. To begin the conversation, we present an overview of what AI is and how it can be leveraged.

The FTC is proposing additional revisions to the Children’s Online Privacy Protection Rule that will strengthen the privacy and protection of information belonging to children under the age of 13, and eliminate further monetization of children’s information for commercial use.

McDonald Hopkins LLC, a business advocacy and advisory firm, is thrilled to announce the addition of Megan Juel as Counsel in the Business Department and as a part of the firm’s Executive Compensation and Governance Practice Group.

Investment in a franchise operation may be appealing to a franchise owner and private equity funds for a variety of reasons.

In a recent case interpreting the Ohio Alcoholic Beverage Franchise Act, the United States Sixth Circuit Court of Appeals held that “when a brewery exercises no control over its product in Ohio, it’s not subject to the state’s franchise laws.”

In an article for the Northern Ohio chapter of the Turnaround Management Association, Michael Kaczka, Jory Berg, and Jack Spencer provide insight on whether a bankruptcy trustee can sell or assign causes of action that arise from the trustee’s avoidance powers under section 544(b) of the Bankruptcy Code.

Colorado’s approach to facilitate such opt-outs via Universal Opt-Out Mechanisms, along with California’s similar proposal to require internet browsers to send an opt-out preference signal, demonstrate a trend towards consumer agency over when and how personal data is shared online.

The FTC proposed additional changes to strengthen the chief privacy law concerning minors in the United States but is it enough?

Montana is appealing a decision by a U.S. judge to block the state's TikTok ban. The state's TikTok ban represents the first attempted ban of this scope in the U.S., both on the federal and state level. McDonald Hopkins will monitor how this case unfolds in the Ninth Circuit.

In response to historically long 2023 professional licensure wait times, Illinois Governor J.B. Pritzker approved Public Act 103-0568 or HB 2394, which requires the Illinois Department of Financial and Professional Regulation, IDFPR, to identify and begin implementing a licensing software solution through an expedited procurement process.

Nine attorneys at McDonald Hopkins have been selected to the 2024 Ohio Super Lawyers list and four McDonald Hopkins attorneys have been selected to the 2024 Ohio Rising Stars list.

Criminal groups are increasingly using AI as a tool to launch greater cyber attacks. But could the key to cybersecuriy against these attacks, also be AI? Organizations are finding ways to strengthen and create new methods of cyber defense using AI, too. 

The United Kingdom Information Commissioner's Office recently announced the creation of its online resource for businesses with guidance on employer data protection.

A recent false claims settlement and consumer fraud alert are good reminders of the importance of medical necessity and respecting medical judgment when furnishing or billing for remote patient monitoring services.

To combat the vulnerabilities and potential exposure that Google has identified, the company is encouraging users, including corporations, to install the latest version of Chrome.

McDonald Hopkins' counsel Jason Faust explained the rules of ESOP shares to Cincinatti's WCPO ABC 9 News.

David Kall's take on Ohio's Issue 2 tax impact featured in Crain's Cleveland

The United States Department of Justice confirmed Tuesday that a recent outage of the ALPHAV cybercriminal group’s data leak site was part of a global law enforcement operation involving the FBI and several international law enforcement agencies.

Applicable businesses must comply with Utah's Consumer Privacy Act provisions before the start of the New Year when it goes into effect. Let's dive into what those businesses need to know.

The past year has been dominated by news of Beyoncé’s Renaissance World Tour and Taylor Swift’s Eras Tour but tickets have been incredibly difficult to come by. This is largely due to ticket scalpers,  however, the Internal Revenue Service, IRS, is taking action to help concert-goers.

The U.S. Supreme Court heard arguments for Moore v. US earlier this month. Given the potential impacts of the impending ruling, taxpayers and tax professionals alike are eager for the decision.

Kathryn Hickey has been selected to the 2024 Maryland Super Lawyers list, and  Spencer Pollock and David Shafer are on the state's Rising Star list. 

On December 8, 2023, the California Privacy Protection Agency (CPPA) Board unanimously voted to approve a legislative proposal that would require internet browsers to send consumers an opt-out preference signal.

The European Union's provisional agreement on the Artificial Intelligence Act represents a significant step towards the legal and ethical governance of AI technologies. 

Notorious ransomware group ALPHV’s public-facing leak site was knocked out of service late last week. The outage led security researchers to speculate that a law enforcement operation may disrupted the group’s activities.

Kate Wensink and Franklin Malemud recently shared insight on trust litigation and cross-state issues for the Estate Planning Council of Cleveland's Estate Planning Issue, published by Smart Business. 

Recently Russian national, Vladimir Dunaev, pleaded guilty to charges connected to his involvement in the development and deployment of Trickbot malware, asophisticated Trojan, developed and designed to steal financial data primarily through the use of phishing emails. 

McDonald Hopkins' Counsel Kevin Butler shares how a proposed Ohio bill could impact local municipalities implementing Ohio's new marijuana law

The headlines dominating the news this year touted wins in major strikes involving the United Auto Workers, SAG-AFTRA and the Teamsters, to name only a few. However, despite these apparent “wins,” did the unions genuinely succeed? What can employers learn from these recent events as we head into 2024? David Schelberg, an attorney in our Labor and Employment Department, weighs in.

On January 1, 2024, the process of forming a business entity in the U.S. will substantially change when the Corporate Transparency Act goes into effect. The CTA is a U.S. law that requires reporting companies to disclose company information and certain beneficial ownership information to the Financial Crimes Enforcement Network, a bureau of the U.S. Department of the Treasury.

A recent decision by the Sixth Circuit Court of Appeals sheds light on the dynamic relationship between users’ social media activity and courts’ personal jurisdiction over users arising from such activity.

McDonald Hopkins is committed to being the first choice among its clients. With the addition of six new associates throughout several practice groups, it also continues to prove it is a destination firm for talented attorneys looking to establish their careers in a collaborative and inclusive work environment.