News & Legal Updates Archive

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.

McDonald Hopkins associate Craig Distel recently earned Board Certification in Construction Law from the Florida Bar. Distel is among only seven percent of eligible Florida Bar members who are recognized as experts in their area of certification.

On Nov. 15, the Michigan Department of Health and Human Services implemented new restrictions effective Wednesday, Nov. 18, 2020, for a three-week period, or until Dec. 8. The MDHHS decision was fueled by a significant rise in the number of COVID-19 cases since Oct 1.

Ohio Department of Health Interim Director Lance Himes signed the Director’s Order for Business and Retail Compliance for Facial Coverings throughout the State of Ohio

Employers now have new points of reference in several new COVID-19 laws as well as rules and directives issued by the Michigan Occupational Safety and Health Administration and the Michigan Department of Health and Human Services.

In light of the State of Ohio’s significant surge in COVID-19 cases, Governor Mike DeWine spoke of new and potentially forthcoming public health orders in an address to constituents on November 11, 2020.

Kenneth S. Rosenzweig has joined McDonald Hopkins LLC, where his experience building, leading and growing his own startup will add depth to the firm’s Business Department. 

When Joe Biden is sworn in as our 46^th president (barring any legal challenges) he will face a higher education playing field that has enormous challenges and opportunities.  This article will focus on the challenges he faces.

McDonald Hopkins LLC has been recognized among the nation’s “Best Law Firms” in U.S. News & World Report and Best Lawyers’ 2021 rankings. The firm is highlighted in 40 categories, including 20 rated as Metropolitan Tier 1 practice areas. McDonald Hopkins is also nationally ranked in seven categories.

"Protecting Your IP: Social Media Dos and Don’ts" is the first in a series of articles for Naturally Chicago by McDonald Hopkins Intellectual Property attorney Erin Conway.

Join Michelle Kantor, Chair of the McDonald Hopkins Federal Government and Procurement Practice Group, for a look inside the SBA's sweeping new SBA regulations.

Christopher B. Hopkins article published by American Bar Association: A criminal case made national news, not because of the bizarre circumstances of a death, but due to the fact that Florida prosecutors had subpoenaed audio recordings from an Amazon Alexa device in the bedroom.

With the government’s increased focus on past performance, the quality of your CPARS ratings can be the difference between being awarded a contract and walking away empty-handed.

As you may already be aware, today, the FBI and DHS-CISA plan to issue a warning about an imminent threat to hospitals and healthcare providers. They have credible information to suggest there will be a widespread Ryuk ransomware attack this weekend, and the FBI, DHS and the NSA's Cybersecurity Threat Operations Center are currently investigating the threat. Based on recent news and court filings, we know that the Trickbot malware infrastructure was recently targeted for disruption by Microsoft and the US Cyber Command.

The IRS announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the 2021

Common good and safety of the community are accelerating more discussion in business circles in Ohio and throughout the nation as part of the current benefit corporation movement

The Ohio Department of Administrative Services (DAS) has adopted updated rules for the State’s Minority Business Enterprise (MBE) and Encouraging Diversity, Growth, and Equity (EDGE) programs, and established rules for the new Women’s Business Enterprise (WBE) program.  

McDonald Hopkins is proud to congratulate McDonald Hopkins Senior Of Cousnel R. Jeffrey Pollock on being named the 2020 recipient of The Ramey Award for Distinguished Community Service by the Ohio State Bar Foundation.

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 second installment asks Katie Gallagher, mayor of the City of Brooklyn, to give insight to readers on the challenges and opportunities local leaders face in 2020.

McDonald Hopkins Litigation Finance Co-Chair Marc Carmel was quoted in Law360's Oct. 16 article entitled "Burford's NYSE Launch Presages 'Securitized' Case Financing."

Timothy Stenzel announced that the FDA would not be issuing any further SARS-CoV-2 Emergency Use Authorizations (EUA) for laboratory developed tests (LDTs).

Although there was a slowdown during COVID of all types of CMS audits and revocations, we have recently seen a dramatic uptick in provider revocations and these include the maximum 10 year reenrollment bar.

For some, leaving everything by will may be exactly what is needed. For others, there are very important reasons to have a trust. 

The Justice Department has criminally charged 57 people throughout the United States with Paycheck Protection Program (PPP) fraud. There are key actions companies should be taking to avoid potential liability. 

On this episode of MH Business Exchange, MH attorneys Owen Quinn and Marc Carmel join host Mike Witzke discuss how bankruptcies effect two specific situations in construction industry: What happens when the general contractor files for bankruptcy and what happens when the project owner files for bankruptcy?

On this episode of the McDonald Hopkins Business Exchange, Ben Panter, chair of the firm's Executive Compensation and Governance Practice Group, joins host Mike Witzke to discuss key employee compensation issues.

Despite tense negotiations between Democrats and Republicans, the House of Representatives passed the Continuing Appropriations Act, 2021 and Other Extensions Act on Tuesday, September 22, to keep the government funded until December 11. The bipartisan bill attempts to push several highly debated issues until after the November election and avoid a government shutdown in the wake of a global pandemic.

McDonald Hopkins member Michelle Kantor has been recognized among 2020's Notable Women in Law by Crain's Chicago Business.

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.

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.