News & Legal Updates Archive

President Biden’s administration and a 50/50 Senate will impact the franchise industry in a number of significant ways. Biden’s push to increase the federal minimum wage to $15 an hour faces significant hurdles in Congress because of strong opposition from Republicans.

Restrictive covenants are never a one-size-fits-all, especially when it comes to physicians. If you employ physicians, review your employment agreements to make certain that the restrictive covenants are not overly broad and narrowly protect your interests should a physician leave the practice.

2020 redefined the words challenging, stressful and hope for all of us.

During these challenging times, we have worked hard to take care of our clients. We came into 2020 with an outstanding data privacy and cybersecurity team. But, as the risks our clients face have continued to grow, we are growing our team so that we can continue to provide the highest level of service. To that end, we are pleased to introduce the following additions to our data privacy team.

Four attorneys at McDonald Hopkins have been recognized on the Illinois Super Lawyers list as being among the top attorneys in Illinois for 2021. Another three McDonald Hopkins attorneys were recognized on the list of Illinois Rising Stars.

Meadows served as a corporate associate at a large law firm in Columbus.  Meadows prepared and negotiated a variety of agreements, including leases, purchase and sale agreements, credit and security agreements and non-disclosure agreements. Additionally, he advised businesses in all aspects of the Paycheck Protection Program, including eligibility, covered costs and forgiveness.

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 fifth installment asks Elyria Mayor Frank Whitfield to discuss plans, challenges, opportunities and concerns for his city.

Mowad’s experience includes the Office of the Ohio Attorney General’s Executive Agencies Section where her work included representing executive officials, departments, agencies, and boards at all stages of civil litigation in trial and appellate proceedings, in state and federal court, and in administrative tribunals.

Governor DeWine signed into law the Ohio Employment Law Uniformity Act, HB 352. This was good news for employers as the new law simplifies and clarifies Ohio’s civil rights anti-discrimination laws.

In the January 19 Federal Register, the Centers for Medicare & Medicaid Services (CMS) clarified the scope of services that are counted in determining whether minimum time requirements are satisfied under remote patient monitoring (RPM) treatment management billing codes.

The U.S. Department of Labor ushered in the new year with a flurry of new guidance on the FLSA, FFCRA, and independent contractors. This activity in the waning days of the current administration reflects the fact that it is the final opportunity for the DOL to address open issues on its agenda.

McDonald Hopkins attorneys Alan Burger and Mary April suggest 10 important steps if you test positive on an anti-doping test.

The enactment of the Consolidated Appropriations Act, 2021, H.R. 133 on Dec. 27, 2020 (the “Stimulus Act”) was unprecedented for its scope and for the length of the legislation. It provided much needed relief to many sectors of the United States still struggling from the impact of the COVID-19 epidemic through a combination of funding for government programs, renewal of the Paycheck Protection Program, and extension or expansion of a multitude of expiring tax incentives. The act combines a $1.4 trillion extension of government funding with nearly $1 trillion in new stimulus measures. The various tax provisions amount to approximately one-third of the nearly $328-billion total of the act’s stimulus measures. 

This discussion focuses on the tax aspects of the Stimulus Act.

In December 2020, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) updated the list of its active work plan categories that will be subject to audit in 2021.

Adam Grais has been drumming most of his life. But these days, as the newly appointed board chair of the Grant Park Music Festival, he is drumming up support — that is, support for a major cultural attraction. This month, Grais began his tenure as board chair of the Grant Park Music Festival.

McDonald Hopkins will serve as a prominent sponsor of the 30th annual Ohio Business Tax Conference, the nation’s largest of its kind. The three-day virtual event from January 19-21, features presenters from around the nation, including four McDonald Hopkins attorneys.

McDonald Hopkins Cleveland Managing Member David Kall was quoted in Crain's Cleveland Business article "Tax tangle: Small businesses should brace for the possibility of withholdings that follow employees to their homes" by Judy Stringer.

Misakian brings experience handling a variety of legal matters involving the Illinois Biometric Information Privacy Act, professional liability, premise liability and insurance coverage litigation. He has assisted clients in the development of cybersecurity frameworks, privacy policies and incident response planning, and advised in preparation for and responding to data security breaches, determining and sending required notifications to affected individuals, state regulators, departments of insurances and states’ offices of attorneys general in compliance with regulatory requirements.

For 11 years, McDonald Hopkins has conducted an annual Business Outlook Survey, attempting to determine how you, our clients and friends, view the business climate. As we close out 2020 and head into 2021, we do so with heightened uncertainty, coupled with a touch of vaccine-driven optimism. We hope that you will share with us your views and help us identify challenges and opportunities for the coming year. We look forward to sharing the results of this year’s survey.

Mandatory vaccination policies are typically legal, but in many cases implementing such policies may prove challenging. In a recent Gallup Poll, only 58% of those in the U.S. said they would willingly be vaccinated. That potentially leaves a significant percent of individuals unvaccinated creating a dilemma for employers about whether to mandate vaccines for employees.

With 2020 coming to an end, speculation swirled among employers about whether the Families First Coronavirus Response Act’s December 31 expiration date would be extended. Well, employers have their answer in the stimulus bill signed by President Trump on December 27. It’s goodbye for now to the FFCRA, but it may not be goodbye forever.

There are challenges and opportunities for physician practices in structuring physician compensation to comply with the new and modified Stark Law standards and related anti-kickback considerations.

With the popularity of impact investing increasing, evaluating a company’s Environmental, Social and Governance (ESG) disclosures – or determining whether the company has issued ESG disclosures at all – is on the rise. An increasing number of companies are including ESG disclosures into mandatory filings with the U.S. Securities and Exchange Commission (SEC) as well as publishing such disclosures on their websites, and showing them in presentations to investors.

After months of negotiations, Congress finally passed the 2021 Consolidated Appropriations Act late Monday night. It is expected that the President will quickly sign the Act into law.

The act provides approximately $325 billion in business relief, including roughly $275 billion for another round of Paycheck Protection Program funding. The act also provides answers to questions regarding the first round of PPP loans that have so far gone unanswered. 

While the act is extremely lengthy (5,593 pdf pages long), we have attempted to summarize the most important sections regarding the Paycheck Protection Program.  
 

Congressional lawmakers finally reached an agreement on a new $900 billion COVID-19 relief package during the evening of December 20. The feuding parties were forced to resume negotiations due to the looming expiration of several existing COVID-19 aid measures and a threatened government shutdown. Both Congressional chambers officially passed the Coronavirus Response and Relief Supplemental Appropriations Act on December 21, as part of the overarching $1.4 trillion spending package that will keep the government funded until September 2021.

Governor DeWine signed Senate Bill 21 into law to allow for-profit corporations to be classified as “benefit corporations.” SB 21 amends Ohio Corporation law, set forth in Revised Code 1701, to allow corporations and directors the flexibility to pursue beneficial activities in any area, such as arts, education, technology, ESG, and others.

CEC Entertainment, Inc. and its affiliates - better known as children’s entertainment stalwart, “Chuck E. Cheese” - filed Chapter 11 bankruptcy on June 24, in the United States Bankruptcy Court for the Southern District of Texas. The filing was driven by the COVID-19 pandemic and the resulting measures taken by state and local governments to limit social gatherings.

Manisha P. Reddy has joined McDonald Hopkins LLC as an associate in the firm’s national Data Privacy and Cybersecurity Practice Group.

McDonald Hopkins member Alexander Ayar has been appointed to the 2021 Character & Fitness District I Committee of the State Bar of Michigan.

Franchisors are subject to strict regulation when it comes to advertising to potential franchisees, but it’s also important to give sufficient attention to advertisements directed to consumers and ensure they are compliant with relevant advertising laws.

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 fourth installment asks Team NEO CEO Bill Koehler to give insight to readers on the current state and future of businesses in Northeast Ohio.

State sovereign immunity to lawsuits in federal courts derives from the Eleventh Amendment of the U.S. Constitution. While this immunity is nearly absolute, it may not apply in three situations.

Public universities and colleges across Ohio won't be able to say no to controversial speakers or ask groups sponsoring them to pay for security once Governor Mike DeWine signs a bill passed by the legislature last week. Headed to the Governor’s desk is a bill, S.B. 40, that would effectively ban Ohio colleges and universities from preventing speakers from coming to their campuses and speaking. 

Nine attorneys at McDonald Hopkins have been recognized by Ohio Super Lawyers as among the top attorneys in Ohio. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. In addition, six of the firm's attorneys have been named to the Ohio Rising Stars list as among the top up-and-coming attorneys in Ohio. Each year, no more than 2.5 percent of the lawyers in the state receive this honor.

The Cyber Master Class is a 5-part webinar series examining the cybersecurity landscape and the anatomy of a data breach.

McDonald Hopkins wishes you and yours peace and joy this holiday season, with gratitude and warm wishes for a happy and healthy new year!

In response to inquiries from state franchise administrators reviewing FDDs seeking guidance on whether franchisors can make historical FPRs in 2020 because of the impact of shutdown orders that resulted from the COVID-19 pandemic, the Franchise and Business Opportunities Project Group of the North American Securities Administrators Association issued guidance regarding franchisors using historical FPRs in 2020.

With a global pandemic limiting indoor dining in 2020 and 2021, a great deal of our restaurant meals will be delivered to homes by in-home food delivery. Research indicates that 31% of us use third party delivery serves at least once per week. 

The anti-kickback statute prohibits the offer, solicitation, payment or receipt of direct or indirect remuneration in exchange for, or to induce, referrals of items or services payable under a federal health care program, such as Medicare or Medicaid.

The CMS final rule, which establishes new Stark Law exceptions for value-based arrangements, permits limited remuneration and cybersecurity donations, and creates a number of important revisions to existing Stark Law exceptions and related regulatory concepts.

McDonald Hopkins M&A Practice Group Co-Chair Christal Contini was quoted in the December 4 edition of Behavioral Healthcare Executive, the Official News Source of Treatment Center Investment & Valuation Retreat.

We have previously addressed the ever-evolving changes in the joint employer standard throughout the last few years, but a recent decision by a New York federal court, in the case titled New York v. Scalia, Case No. 20-cv-1689-GHW (S.D.N.Y. Sept. 8, 2020), has cast doubt on the new standard that the Department of Labor established earlier this year – one that was originally meant to dispel confusion and clear up the standard.

Under revised guidance, the CDC has provided new options for shorter quarantine periods due to COVID-19 exposure. These new quarantine alternatives will provide some relief to employers dealing with staffing shortages due to quarantining employees.

The Centers for Medicare & Medicaid Services (CMS) on December 1 revised and offered guidance on Medicare payment requirements for remote patient monitoring (RPM) and other services within its Medicare Physician Fee Schedule (PFS) final rule for calendar year (CY) 2021.  The RPM guidance and revisions are largely (but not entirely) in line with the PFS 2021 proposed rule’s changes and commentary, which were summarized in an earlier August blog post.

In the ever changing world of virus control, recent CDC guidance has once again pivoted from its previous guidance and provides that mask wearing also protects the wearer from COVID-19 infection.

In response to the growing concern from our clients regarding their employee safety and ongoing business operations, McDonald Hopkins has compiled helpful information on common questions related to the impact the coronavirus outbreak can and will have on businesses.

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 third installment asks Ohio State Senator Matt Dolan to give insight to readers on upcoming decisions that need to be made at the state level.

Public-private partnerships, an alternative procurement model for public infrastructure, have been widely discussed over the last 10 years as the public sector looks for creative ways to address the need for more public infrastructure dollars. 

Governor Mike DeWine and the Ohio Legislature have introduced new orders and bills to combat the increased and ongoing effects of the pandemic.

Apple Inc. will have to face a class action claiming the facial recognition feature in its Photos app violates the Illinois Biometric Information Privacy Act, an Illinois federal court said.

Earlier this month, the Securities and Exchange Commission adopted a number of amendments covering a variety of different areas including: Integrated Offerings, Regulations A, Crowdfunding, Rule 504 of Regulation D, and Communications, in order to clarify and synchronize the current exemptions to registration for private offerings.