- 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.
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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.
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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.
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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.
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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.
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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.
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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.
- NewsIn an article for HealthData Management, McDonald Hopkins' Isabelle Bibet-Kalinyak explains that hospitals and practices need to vastly improve data accuracy in records.
- NewsMedical Economics summarizes healthcare attorney Isabelle Bibet-Kalinyak's recent presentation at the MGMA 2019 conference in 2019, where she raised the alarm on cyber security for physician practices.
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Genetic testing continues to be a hot button issue for enforcement, both in the government arena and by private payors. Recently, the Department of Justice and Department of Health and Human Services Office of Inspector General announced charges against 35 individuals – including nine doctors – for their alleged participation in fraudulent genetic testing that cost Medicare more than $2 billion in unnecessary charges.
- Blog PostOn Friday, October 11, California Gov. Gavin Newsome signed several bills into law (AB25, AB847, AB1146, AB1355, and AB1564) that amend the California Consumer Privacy Act (CCPA).
- Blog PostOctober is Cybersecurity Awareness Month, which is the perfect opportunity for organizations to take stock of processes, policies and procedures related to the protection of all types of sensitive data. No organization is immune from cybersecurity threats. Although those risks are continuously evolving, there are some threats that impact all types of entities year after year. What have been the cybersecurity trends in 2019, and where will things go in 2020?
- Blog PostWhile an employer cannot require prayer in the workplace (that would violate Section VII of the 1964 Civil Rights Act, which protects workers from employment discrimination based on their race, color, religion, sex, national origin, or protected activity) prayer in the workplace is permissible.
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McDonald Hopkins attorneys, David Hales and Alec Davidson, feature article in Cleveland Metropolitan Law Journal's Real Estate Law "Cleveland: A growing metropolis - Public finance and tax incentives fuel Cleveland's development".
- NewsMcDonald Hopkins attorney and ACTEC fellow Roger Shumaker discusses charitable gift annuities on Trust and Estate Talk, the ACTEC's podcast series. .
- Blog PostAs of October 1, Nevada’s amended privacy law requires the operator of a commercial website or online service that collects the personal information of Nevada residents to provide the residents with the explicit opportunity to opt-out of the sale of their personal data.
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"We heard that we could get rid of our trusts," are familiar words heard in our law offices today. We use certain trusts to minimize federal estate taxes or “death taxes” as they are known. The much publicized American Taxpayer Relief Act of 2012 instituted a federal estate tax exemption of $5 million that was indexed for inflation as well as the concept of “portability.”
- Blog PostCan an employee take leave to attend a parent teacher conference for a child with an individualized education plan (IEP)?
- NewsShawn M. Riley began his second three-year term as president of McDonald Hopkins LLC on October 1. The firm’s membership voted to reelect Riley earlier this year.
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A recent ruling from the Federal Circuit serves as a reminder that when filing a design patent, you should broadly claim the design for which you are protecting. If you’ve already filed your design patent, before you bring an infringement suit confirm that your patent covers the specific article of manufacture in question.
- NewsMcDonald Hopkins LLC announced on Tuesday the election of attorneys Colin Battersby, Mark Masterson, Adam Smith and Courtney Tito to the firm’s membership.
- Blog PostImportant information on how to ensure that a job posting is not discriminatory and demonstrates your company’s commitment as a welcoming organization to a diverse pool of candidates.
- AlertOn Sept. 24, 2019, the U.S. Department of Labor issued the final rule on the new salary threshold for white-collar exempt status employees under the Fair Labor Standard Act. The new rule changes the current salary level for exempt employees from $23,660 per year to $35,568 annually. The new rule will be effective Jan. 1, 2020.
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In an effort to make Chapter 11 relevant again, on August 23, 2019, the president signed into law the Small Business Reorganization Act of 2019 (SBRA), which adds a new subchapter to Chapter 11 of the Bankruptcy Code intended to streamline the Chapter 11 bankruptcy process for companies that might not otherwise be able to afford the Chapter 11. The provisions of SBRA are scheduled to become effective in February 2020.
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In Ohio, a consistent failure to comply with sales tax filing and payment requirements may result in a business' tax account being placed in the Habitual Offenders Program (HOP), a statutory mandated tax delinquency program that can have devastating effects on any business.
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Using a social media influencer marketing campaign may seem like an organic or seamless way to promote a business, and the potential for growth - and exposure to a new group of customers - is great. However, using influencer marketing may have legal implications for franchisors and franchisees subject to business opportunity laws and other federal regulations.
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Many, if not all, franchise agreements have provisions giving the franchisor sole and absolute discretion to take or approve some action. On its face, an agreement in which the parties agree in advance to give sole discretion in decision making would appear to be virtually bullet proof from attack. However, there are exceptions.
- NewsMcDonald Hopkins' Ashley Jericho and Maria Carr discuss whether contingent claims are roadblocks to a sale or just bumps in the road in the September 2019 TMA NextGen NextNews newsletter.
- NewsLooking back on nearly 90 years of providing legal services to innovative, entrepreneurial clients has given the leaders at McDonald Hopkins, a business advisory and advocacy law firm, an opportunity to reflect on what it takes to build a successful business from the ground up. S
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To help unravel some of the mystery around litigation finance, McDonald Hopkins' Marc Carmel recently joined Debtwire’s Richard Goldman for the latest episode of Debtwire Radio.
- NewsIn an article for Bloomberg Law, McDonald Hopkins' client Josh Sherbin of TriMas calls McDonald Hopkins of the firms that gets it right.
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McDonald Hopkins attorney Jim Giszczak was a guest on Live on Lakeside on WKYC TV-3 in Cleveland on Wednesday, Sept. 11. The co-chair of MH's national Data Privacy and Cybersecurity Practice Group discussed cybersecurity tips for parents of students who recently started the new school year.
- Blog PostThe SHIELD Act and the Identity Theft Protection and Mitigation Services Act broaden protections for New York residents while imposing significant obligations on businesses. Below is an overview of the requirements for these recently enacted laws and information to make sure your business is prepared to comply.
- Blog PostNo industry is immune from data privacy and cybersecurity threats, and that includes the construction industry. Here are five data privacy and cybersecurity tips construction firms should consider putting to use to protect themselves against these looming threats.
- Blog PostBack charges are commonplace on commercial construction projects. Whether you are a general contractor or subcontractor assessing back charges against a lower tier contractor or a lower tier subcontractor arguing against back charges that have been assessed against you, the information in this article will provide insight into some best practices for proper back charges to help you in your business.
