News & Legal Updates Archive

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.