News & Legal Updates Archive

Since addressing just a few COVID vaccine-related issues in December 2020, the EEOC has been silent for months. With questions mounting, employers and business groups have clamored for answers from the EEOC on critical issues such as vaccine mandates, incentives, proof of status, and confidentiality. Now, with progress on vaccines well underway and many employers implementing return to office plans, the EEOC finally weighed in with updated guidance that directly addresses many of the questions that employers have faced navigating the sensitive issues surrounding vaccines and the workplace.

Adam J. Baginski has joined McDonald Hopkins as an Associate in the Business Department in the firm’s Detroit office.

The Restaurant Revitalization Fund, which is a $28.6 billion federal fund for struggling restaurants that was established as part of the $1.9 trillion American Rescue Plan passed on March 6, appears to be having an unintended effect on bankrupt restaurants trying to apply while their bankruptcy cases are pending.

McDonald Hopkins Associate Joelle Dvir was quoted in the May 19 MarineLog article "Cybercrime on the Seas" by Maura Keller.

Over the past few years, we have covered the ever-changing policies and court rulings regarding the joint employer and independent contractor standards, and the Department of Labor’s withdrawal of a recent rule regarding independent contractors is no exception. 

SPACs have been around since the 1990s, but they have recently gained significant popularity among investors and companies seeking to raise capital. In 2020, SPACs raised a then record $83.4 billion which marked a significant growth in SPACs over recent history. Somewhat surprisingly, SPACs have already surpassed that figure in 2021 with over half the year remaining. This rapid growth illustrates SPACs’ increasing popularity as an alternative to the traditional initial public offering (“IPO”) process.

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 eighth installment asks Dr. Andrew Hill for insight on how Wadsworth City Schools navigated the challenges of the last year and his perspective on the year ahead, in addition to his thoughts on what are they keys to strong communication.

McDonald Hopkins is pleased to announce the attorneys and practice areas that have been recognized by Chambers USA 2021.

In the wake of the CDC’s May 13, 2021 guidance that fully vaccinated people can gather indoors without wearing masks or physically distancing, unless otherwise required by law or applicable rules, the State of Michigan has modified its own mask wearing requirements. But, figuring out the state’s requirements - well, it’s complicated. 

Let’s try to sort out the current status of the mask wearing requirements in Michigan with a timeline.

There are a number of factors to consider in advance of starting up a family office for investment purposes, and it's best to plan ahead to create the most efficient business for your planned operations and one that remains flexible to grow with your wealth. We've put together 5 questions to consider when establishing how you will operate your family office.

With Michigan set to resume in-person work on May 24, it is imperative that employers remain vigilant in ensuring that their workplace is safe and compliant with the applicable MIOSHA rules.

As part of the American Rescue Plan, Congress approved a $28.6 billion Restaurant Revitalization Fund, which provides federal grants to eligible foodservice and drinking establishments like restaurants, bars, caterers, breweries, taprooms, and tasting rooms. The portal to apply for funds opened on Monday, May 3, 2021, and according to a White House fact sheet, in the first two days 186,200 restaurants, bars, and other eligible businesses across the country applied for RRF relief. 

Geoffrey D. Wills has joined McDonald Hopkins LLC as an Associate in the Estate Planning and Probate Practice Group in the firm’s Cleveland office.

The response to the COVID pandemic has compounded an already problematic labor shortage. In light of this labor shortage and with government unemployment benefits set to continue through September, employers may want to rethink how they address employee discipline and consider a behavior-based coaching approach.

Michigan Governor Gretchen Whitmer has issued a unique challenge for our unprecedented times.  With much of the state still under a remote work requirement and other restrictions, on April 29, 2021 Governor Whitmer announced a new plan that ties easing the COVID-19 restrictions to increasing vaccination levels.

Significant changes in tax law, including reduced estate and gift tax exemptions, could happen sooner than expected. Our Estate Planning and Probate team has prepared an overview of changes that have already occurred and proposed changes that could significantly affect your estate plan, and has insight on why you should review your estate plan.

The American Rescue Plan of 2021 allows small and midsize employers, and certain governmental employers, to claim refundable tax credits that reimburse them for the cost of providing paid sick and family leave to their employees due to COVID-19. This includes leave taken by employees to receive or recover from COVID-19 vaccinations. The IRS and Treasury Department recently released a fact sheet with additional details on these tax credits.

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 seventh installment asks our own Amanda Gordon to discuss Erosion Control Special Improvement Districts.

McDonald Hopkins has been announced as one of 12 national finalists in the Cyber Law Firm of the Year 2021 category of Advisen’s 8th Annual Cyber Risk Awards.

McDonald Hopkins member Ryan Neumeyer was recently quoted in Crain's Cleveland Business as part of an article looking at shifting laws, attitudes, and company policies when it comes to workplace marijuana policies. 

Eric R. Benson has joined McDonald Hopkins LLC as an associate in the Litigation Department, adding his experience to the firm’s national Data Privacy and Cybersecurity Practice Group.  

Ohio law establishes the maximum fees a health care provider or medical records company can charge for copies of a patient’s medical record. For 2021, the following maximum fees apply when the request comes from a patient or a patient’s personal representative:

Andrew M. Kulpa has joined McDonald Hopkins LLC as a member in its Detroit office, where he will add his extensive experience providing day-to-day legal counsel and investment transaction insight to the firm’s Business Department.

Although many states have lifted the requirement to wear facial coverings, the state of Ohio has continued to assert the importance of wearing a facial covering and following COVID-19 protocols, with the Ohio Department of Health recently reasserting the requirement that all individuals in Ohio continue to wear facial coverings and follow social distancing protocol.

On Wednesday, March 31, 2021, President Joe Biden introduced a “once-in-a-generation” proposal, called the American Jobs Plan, to completely overhaul the current infrastructure system, including the speed of our internet, how electricity is generated, the types of vehicles we drive, the quality of water, and the condition of the roads, bridges and highway systems Americans utilize every day. The $2 trillion package, which is expected to be paid for within 15 years, would be funded through increased taxes on certain corporations. 

The Centers for Medicare & Medicaid Services recently alerted all current and prospective providers and suppliers that they will issue affiliation disclosure requests on a discretionary basis. While in general practice CMS states it will not request affiliation disclosures until Form CMS-855 is revised, they do have the authority to request this information at any time if CMS becomes aware of a “potentially problematic affiliation.” CMS also notes that due to the public health emergency it does not plan to begin updating the Form CMS-855 until at least March 2022.

A short recap of the third installment of McDonald Hopkins' inaugural IP+ Innovation Webinar Series, which featured a panel of leaders in the medical device industry discussing how they managed to stay innovative during the COVID pandemic and what challenges and opportunities they feel will materialize post pandemic.

While triangular setoffs are permissible under state law – and parties should freely contract among themselves to promote efficiency in their business relationships – you should keep a critical eye on the impact of those relationships should one of the parties need to seek bankruptcy protection.

In a recent article for Cataract & Refractive Surgery Today, McDonald Hopkins' Isabelle Bibet-Kalinyak provides insight on the eye care sector of the healthcare PE market and on how eye care practice owners can prepare their practice for a potential future transaction with eight key recommendations. 

Suzanne K. Ketler has joined McDonald Hopkins LLC as a member in its Cleveland office, where she will add her extensive experience as a trademark attorney to the firm’s Intellectual Property Department.

McDonald Hopkins attorney Carla Erskine has been selected for inclusion into The National Black Lawyers Top 40 Under 40 Black Lawyers in Florida.

Ohio Senate Bill 13, recently signed into law by Ohio Gov. Mike Dewine, reduces the statute of limitations for breach of written contract actions from eight years to six years, and for breach of oral contract actions from six years to four years.  

The U.S. Small Business Administration (SBA) launched a splash page for the Shuttered Venue Operators Grant (SVOG) application portal in anticipation of opening applications for the relief program on Thursday, April 8, 2021. The SVOG program was established by the Economic Aid to Hard Hit Small Businesses, Nonprofits and Venues Act, which appropriated $15 billion for the program. The American Rescue Plan Act, signed into law by President Joe Biden on March 11, 2021, appropriated an additional $1.25 billion, bringing the SVOG program funding to a total of $16.25 billion, with more than $16 billion allocated for grants.

On March 27, President Biden signed the COVID-19 Bankruptcy Relief Extension Act into law. The Extension Act comes exactly one year after the CARES Act temporarily increased the debt limit for small businesses to be eligible to file for bankruptcy pursuant to subchapter 5 of chapter 11 of the Bankruptcy Code from $2,725,625 to $7,500,000 under the Small Business Reorganization Act of 2019 for one year due to the COVID-19 pandemic.The Extension Act extends the temporary increase in the debt limit for one more year, as the economic crisis brought on by COVID-19 continues.

The American Rescue Plan contains a provision requiring a mandatory employer subsidy for group health plan continuation commonly called COBRA coverage. "Assistance eligible individuals" who are on COBRA or who elect COBRA will be treated as having their COBRA premium paid for a period of six months from April 1, 2021, through September 30, 2021. The American Rescue Plan effectively requires employers who are obligated to provide COBRA to totally subsidize COBRA premiums for these individuals for this period.

The trend of ransomware incidents targeting K-12 schools is expected to continue and potentially grow throughout 2021. McDonald Hopkins Data Privacy and Cybersecurity team has prepared five essential tips for schools to improve cybersecurity.

McDonald Hopkins Member and Chair of the firm's Public Law Practice Teresa Metcalf Beasley was appointed by the Downtown Cleveland Alliance (DCA) as Vice Chair of its Board of Directors.

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 seventh installment asks Lorain Mayor Jack Bradley to discuss the American Rescue Plan, rejuvenating the city's waterfront, and his hometown pride. 

The Securities and Exchange Commission recently announced the creation of a 22-member Climate and ESG Task Force in the Division of Enforcement. The SEC stated that increasing investor focus and reliance on environmental, social, and governance disclosures and investments served as a catalyst for the creation of this Task Force to allow the SEC to proactively identify ESG-related misconduct and to “better police the market, pursue misconduct, and protect investors.” 

Many franchise agreements include termination provisions that involve “strikes,” permitting franchisees to incur and cure a certain number of violations of the franchise agreement within a certain time period until they may be subject to termination. A court in Michigan recently addressed whether such provisions are valid and not unconscionable, and the opinion brings additional insight to both franchisees and franchisors who may be concerned about how these provisions play out in practice and align with state franchise laws.

McDonald Hopkins member David Drechsler was introduced on Monday, March 15, as one of the 30 board members of the American Cancer Society’s Ohio/West Virginia/Northern Kentucky Area.

Donielle F. Robinson has joined McDonald Hopkins LLC as an associate in the Intellectual Property Department of the firm’s Chicago office. Robinson’s practice primarily focuses on all aspects of trademark prosecution and litigation. 

The Butch Lewis Emergency Pension Plan Relief Act, which directs funds to assist troubled multi-employer pension plans, was included in the recently passed $1.9 trillion American Rescue Plan - providing substantial relief to troubled pension plans and the hundreds of thousands of retirees enrolled in these plans. Learn more about how the Butch Lewis Act addresses recent multi-employer pension plan problems and the criteria plans must meet to receive the special financial assistance.

Following the U.S. Senate’s passage of the $1.9 trillion American Rescue Plan on March 6, the U.S. House of Representatives approved the final version of the new stimulus package on March 10. President Biden signed the stimulus package into law on Thursday, March 11, 2021. As part of the American Rescue Plan, Congress approved a $28.6 billion Restaurant Revitalization Fund (RRF), which will provide federal grants to eligible foodservice and drinking establishments like restaurants, bars, caterers, breweries, taprooms, and tasting rooms.

McDonald Hopkins' Tax and Benefits team has prepared an overview of the tax provisions contained in the American Rescue Plan, the majority of which focus on providing relief to families earning less than $150,000 per year, and also extends enhanced unemployment benefits that were set to expire on March 14, 2021. 

Following the Senate’s passage of the American Rescue Plan by a razor-thin margin on Saturday, March 6, 2021, the House of Representatives approved the final version of the new stimulus package on March 10, 2021, despite multiple attempts to delay. The following provides a summary of various relevant provisions of the new legislation and what individuals, educational entities, and state and local governments can expect.

Stephen J. Rosenfeld has been named Co-Chair of the Business Litigation Practice Group of McDonald Hopkins LLC, where his more than a quarter-century of experience, including previous service as managing partner of a Chicago law firm, will help to guide the practice group into the future.

The beginning of a new year provides the perfect moment to reassess compliance with the evolving regulatory landscape. In an effort to make this process easier, McDonald Hopkins has identified six trending compliance topics about which we received questions over the past year and that we anticipate will be of great interest to our clients in this new year.

McDonald Hopkins member Ryan Neumeyer was quoted in Crains Cleveland Business as part of Jeremy Nobile's piece "Minimum wage hike is overdue, but Northeast Ohio employers worry about impact."

Jonathan M. Fergus has joined McDonald Hopkins LLC as an associate in the Intellectual Property Department of the firm’s Cleveland office.