- News
In an article for the Palm Beach County Bar Association Bulletine, Christopher Hopkins explains tje danger of CC'ing clients on emails sent to opposing counsel
- Blog Post
The Department of Justice (DOJ) announced its recovery of over $3 billion from False Claims Act (FCA) civil cases, including $2.6 billion from health care cases.
- Alert
Commercial Activity Tax (CAT) in Ohio is calculated as a percentage of the company’s “gross receipts.” The logical question is then, what do I have to include when I calculate my “gross receipts.” The answer may surprise you and help you save thousands of dollars.
- Podcast
On Episode 35 of MH Business Exchange, McDonald Hopkins attorneys Richard Kessler and Tim Lowe join host Mike Witzke to discuss how employers can protect their investment in human capital.
- Alert
Recommendations and advice from McDonald Hopkins to dermatology practices contemplating a transaction. Additional thoughts and recommendations from Tom Ferkovic, CEO of Medic Management Group, LLC, a national consultant for dermatology practices, and Craig Lawson and Patrick Krause of MHT Partners, an investment bank that has represented multiple dermatology practices in sales transactions. Dermatology practices across the country are being frequently and, in many cases, aggressively approached by strategic and private equity buyers seeking to purchase a part, or all, of the practice.
- News
McDonald Hopkins is conducting its tenth annual Business Outlook Survey of U.S. business leaders.
- News
McDonald Hopkins is proud to be celebrating our 90th anniversary in 2020! Since 1930, we have been helping our clients succeed and our communities thrive.
- News
Consolidation in the clinical lab and anatomic pathology markets has been a steady and ongoing process for the past 20+ years. For an inside look at some common legal issues encountered during a laboratory transaction, Laboratory Economics spoke with two healthcare attorneys from McDonald Hopkins (Cleveland): Rick Cooper, Co-Chair, National Healthcare Practice Group, and Christal Contini, Co-Chair, Mergers and Acquisitions.
- Alert
Back in July, the Ohio Supreme Court sided with Ohio construction contractors in a highly-anticipated decision in New Riegel Local School Dist. Bd. Of Edn. v. Buehrer Group Architecture & Eng., Inc., 2019-Ohio-2851. The case dealt with the application of Ohio’s statute of repose to breach of contract claims. The case, however, was not fully resolved. It was remanded to the Court of Appeals to address New Riegel’s remaining arguments, one of which was whether the statute in question applies to claims that “accrue” during the 10-year statute of repose period. On remand, the Third District Court of Appeals addressed that issue when it cited another Ohio Supreme Court decision that held that the statute “applies to civil actions commenced after the effective date of the statute regardless of when the cause of action accrued.”
- Alert
Sometimes we forget to send our terms and conditions when we issue a purchase order. Sometimes our suppliers respond to our purchase order with their own pre-printed terms and conditions. Is this something we need to be concerned about?
- Blog Post
A U.S. Federal Judge’s November decision ordering consumer chemical manufacturer Dr. Greens Inc. to pay nearly $900,000 in attorney fees to Spectrum Laboratories, adding to the $3 million in damages already awarded, offers a cautionary tale for businesses hoping to avoid similar worst-case scenarios during patent infringement litigation.
- News
Andrew Gordon-Seifert has joined McDonald Hopkins LLC as an associate in the Intellectual Property Department of the firm’s Cleveland office.
- Alert
As a general contractor, if I sign a contract that requires me to submit a “Statement of Claim” form within a specific time or waive my claim, is that enforceable? Can I include a similar requirement and form in my subcontracts to make my subcontractors do the same thing? The answer may significantly impact how you manage claims both upstream and downstream.
- News
One of the more controversial provisions in the 2017 federal tax overhaul capped the federal income tax deduction for state and local taxes at $10,000 for most taxpayers. Residents of high-taxing states such as New York, New Jersey and California faced the biggest impact from the new rule.
- News
Erin R. Conway has joined McDonald Hopkins LLC as counsel in the Intellectual Property Department, adding 12 years of intellectual property prosecution, litigation and licensing experience to the firm’s Chicago office.
- Blog Post
On October 7, 2019, the Department of Labor announced a proposed rule revising tip regulations under the FLSA, making it easier for employers to require servers and bartenders who usually receive tips to share tips with cooks and dishwashers who usually do not receive tips.
- Alert
On December 5, 2019, the Tenth District Court of Appeals issued a decision in Accurate Electric Construction, Inc. v. The Ohio State University, 2019-Ohio-4992 (10th Dist.), concluding that the Ohio Court of Claims erred when it accepted Ohio State’s argument that Accurate Electric allegedly failed to provide timely notice of its claims under Article 8 of the state contract. McDonald Hopkins’ construction team, including Pete Welin and Jason Harley, represented Accurate throughout the case.
- News
The announcement last month that a 1.9-megawatt project spanning five Walmart stores in New Jersey has been named the 2019 Large-Scale Solar Builder Project of the Year marked the second consecutive year Solar Builder magazine has honored a project for which McDonald Hopkins attorneys Michael Wise and Chad Arfons served as counsel.
- Blog Post
Tips and practical advice for preventing and responding to workplace violence during the holiday season and throughout the year.
- Blog Post
Rep. Tim Ryan (D-OH) has proposed legislation that would require more small businesses to give their employees an advance warning before closing their doors. The proposed Fair Warning Act of 2019, if enacted, would require a 60-day advance warning from businesses employing 50 or more employees, including part-time employees (rather than 100 or more full-time employees). It would also require a 60-day advance notice if the employer has an annual payroll of at least $2 million.
- Blog Post
On November 27, 2019, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced its settlement with Sentara Hospitals for failing to properly report a breach and for allowing its parent corporation to create, receive, maintain or transmit protected health information (PHI) of Sentara affiliated hospitals without entering into a business associate agreement (BAA).
- News
McDonald Hopkins attorney Kevin Butler discovered more than just the names of his birth parents two years ago when he requested his birth certificate.
- News
McDonald Hopkins attorney Ben Panter was featured in a "Shout Out" Q&A feature in the Dec. 1, 2019 edition of the Chicago Tribune.
- NewsTen attorneys at McDonald Hopkins have been recognized by Ohio Super Lawyers as among the top attorneys in Ohio. 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.
- AlertProperly and strategically designed qualified retirement plans – such as 401(k) plans, profit-sharing plans, and cash balance plans – provide a company or self-employed individual with a method to sock away significant earnings; earnings that would otherwise be taxed at the company’s or individual’s tax rate. Using these types of methods to reduce taxable earnings can result in significant tax savings and can potentially result in qualifying for favorable tax provisions that would otherwise be unavailable or phased-out under the tax code.
- AlertWith increased cyber threats posing a significant risk to individuals and businesses, now is the perfect time to get cyber savvy for the holidays. Here are 10 cyber safety tips to keep in mind as you do your holiday shopping this year.
- News
Robert Triozzi, recent former law director for Cuyahoga County and past law director for the city of Cleveland, has joined the ranks of McDonald Hopkins in its public law practice group in an of counsel role as the firm moves quickly to build up its work in that area. Also joining that group are Kaitlin Corkran and Amanda Gordon, according to the Cleveland-based firm's announcement on the new hires.
- News
- NewsKaitlin Corkran, Amanda Gordon and Robert Triozzi have joined the Cleveland office of McDonald Hopkins, adding more valuable experience to the Public Law Practice Group that has grown to 17 members since it was established at the firm in February 2019.
- Blog PostEvery sector and industry faces cyber threats, but some—such as the construction industry—are less prepared to handle (and are much less aware of) these threats than others. Here are three cyber threats every construction firm should be aware of.
- Alert
On November 6, 2019, the IRS announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the 2020 tax year.
- Blog PostOn Nov. 1, 2019, the Centers for Medicare & Medicaid Services (CMS) issued the 2020 Medicare Physician Fee Schedule (MPFS) Final Rule, which continues the trend of encouraging care management activities by making it easier and more financially attractive to furnish chronic care management (CCM), transitional care management (TCM) and remote physiologic monitoring (RPM) services for Medicare patients.
- Alert
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has recently stepped up its enforcement of its Respirable Crystalline Silica in Construction Standard, including issuing citations to one central Ohio construction company with numerous industrial hygiene and silica violations in the past month.
- NewsHealthcare providers and employers should be on alert for a series of emerging phone scams specifically targeting healthcare providers with prescription authority and pharmacists. These scams have been reported in Ohio and are expected to afflict providers in other states as well.
- Alert
On October 23, 2019, the Ohio House of Representatives introduced House Bill 380, which would extend Ohio’s Prompt Pay Act (R.C. 4311.61) to provide payment protection to general contractors in Ohio.
- Blog PostOn Oct. 30, 2019, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC) announced the release of a new downloadable version (3.1) of the HHS Security Risk Assessment (SRA) Tool to help HIPAA covered entities and business associates assess risks to the confidentiality, integrity and availability of electronic protected health information (ePHI).
- NewsMcDonald Hopkins LLC has been selected for inclusion in the 2020 “Best Law Firms” rankings by U.S. News & World Report and Best Lawyers.
- Blog Post
Recently, the Department of Labor issued proposed regulations which will provide employers with a more efficient “safe harbor” method to provide Employee Retirement Income Security Act of 1974 (ERISA) required information and disclosures electronically.
- Blog PostWith the end of the federal government’s 2019 fiscal year on September 30, various regulatory agencies are now reporting their “results.” Think of it as earnings report season for public agencies. One agency touting its 2019 accomplishments is the Department of Labor’s Wage and Hour Division (WHD), which enforces the Fair Labor Standards Act (FLSA). For FY 2019, the WHD collected $322 million in back pay from employers surpassing the FY 2018’s record collections of $304 million.
- AlertCMS recently issued a final rule providing new enforcement authorities to reduce criminal behavior in its programs. The goal of Program Integrity Enhancements to the Provider Enrollment Process is to stop fraud before it happens by keeping “unscrupulous providers” out of the federal healthcare programs.
- Blog PostIt is impossible to miss articles about the California Consumer Privacy Act (the CCPA) and its expected impact on businesses across the U.S. The effective date of the law, January 1, 2020, is right around the corner. McDonald Hopkins has put together this CCPA primer covering the basics of what you need to know about the CCPA.
- Alert
As part of McDonald Hopkins’ upcoming 90th anniversary in 2020, the firm invites you to get to know Q-Lab Corporation, a manufacturer of scientific chambers for testing the long term durability of paints and plastics that are exposed to sunlight and corrosion.
- Blog PostThe Office of Inspector General (OIG) issued updates to its annual work plan in October 2019. This update included an announcement that the Office of Audit Services will begin a review of Medicare Part B Urine Drug Testing (UDT) services.
- NewsFor National Celebration of Pro Bono week, Disability Rights Ohio highlighted the importance of pro bono volunteers. On October 23, they released a spotlight article that highlights Maria Carr, a McDonald Hopkins LLC attorney that does pro bono work with DRO.
- NewsMcDonald Hopkins' Colin Battersby served as a panelist on a WWJ Leaders & Innovators discussion on cybersecurity, held at Lawrence Technological University.
- Blog PostEarlier in the year, lawyers and lobbyists were excluded from the list of small business owners eligible to claim the Ohio business income deduction, which allows business owners to deduct the first $250,000 of “business income” earned in the ordinary course of their business and pay a preferential 3 percent tax rate on business income above that threshold. But on October 10, 2019, the Ohio House of Representatives unanimously voted to restore the business income deduction for lawyers and lobbyists, saying the exclusion from the deduction would be "impossible" to implement.
- Blog Post
On Sept. 10, 2019, California legislators passed a controversial bill that requires companies like Uber, Lyft and DoorDash to recognize independent contractors as employees. The app-based companies attempted to negotiate an exemption from the bill but failed to reach a solution with legislators.
- Blog PostOn Sept. 30, 2019, the Ninth District Court of Appeals in Summit County decided Karvo Paving Co. v. Testa in favor of a highway construction contractor that disputed an Ohio use tax assessment on traffic maintenance equipment.
- NewsKevin M. Butler has joined the Cleveland office of McDonald Hopkins LLC as of counsel, adding valuable experience to the firm’s Public Law Practice Group.
- NewsJulia Radefeld has joined the Cleveland office of McDonald Hopkins as an associate in the Intellectual Property Department.
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