News & Legal Updates Archive

On Dec. 18, 2019, the SEC proposed an amendment to the definition of “accredited investor” which would expand the potential pool of institutional and individual investors that may participate in private securities offerings.

On Jan. 15, 2020, a Texas District Court granted a permanent injunction in favor of the provider, preventing CMS from recouping on an alleged $7.5 million overpayment until an administrative law judge hearing is set. This court opinion and overview of the appeal process may serve as a guide (or provide insight) for providers in other jurisdictions that are at risk for future overpayments and potential recoupment. 

McDonald Hopkins national Data Privacy and Cybersecurity Practice Group co-chair Dominic Paluzzi has been honored by Michigan Lawyers Weekly as one of 30 attorneys honored as part of the “Leaders in the Law” Class of 2020.

The United Church of Christ News recently provided its readers an overview of insight from Patrick Shaw, of the U.S. Department of Homeland Security, provided during a webcast co-presented with McDonald Hopkins' Ryan Neumeyer. The webcast focused on confronting violence in houses of worship.

Employers can use the Equal Employment Opportunity Commission’s recently released data on the fiscal year 2019 charge statistics to understand employment law risks and how to combat them.

A California resident has filed a putative class action asserting that a clothing retailer and its e-commerce platform failed to reasonably secure consumer personal information, resulting in a data breach that exposed more than 10,000 California residents’ personal information. This is the first lawsuit filed citing violations of the California Consumer Privacy Act (CCPA), a new law effective as of Jan. 1, 2020

There are no legal requirements or OSHA regulations that require construction contractors to hold toolbox talks. That being said, conducting regular toolbox talks — whether  daily, weekly, monthly, or yearly — can help you comply with health and safety laws, including OSHA’s standards.

In late 2019, Congress passed and President Donald Trump signed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act) into law. The SECURE Act contains a number of provisions that affect individuals as well as employers with respect to their retirement programs. Some of the provisions are required and some are optional. This article will address the mandatory provisions of the SECURE Act affecting retirement plans and IRAs. 

In an article for Crain's Cleveland Business, McDonald Hopkins' Carl Grassi takes a look at the SECURE Act's impact on retirement and estate plans

Perhaps the most fundamental aspect of proper construction project documentation is to do just that—actually document the various aspects of the project (e.g., the agreement, changes to the agreement, notices, claims, and other major milestones). What should you document, how should you do it, and why? 

Update on the cost for copies of medical records in Illinois in 2020. The purpose of the charge is to allow the producing facility or practitioner to be reimbursed for all reasonable costs associated with copying the medical records, including the costs of independent copy service companies, as applicable. 

On episode 37 of MH Business Exchange, McDonald Hopkins attorney Michael Riley joins host Mike Witzke for a conversation about the impact of the SECURE Act on Estate Plans.

The Ohio Department of Transportation is requiring all ODOT prime contractors to become compliant with Proposal Note 031 (Prompt Payment) by entering and signing all previously made subcontractor payments (on open projects) by Feb. 1, 2020 and by entering and signing future subcontractor payments as they are made. 

Nicholas Schmidt has joined the Detroit office of McDonald Hopkins PLC as an associate in the Litigation Department.

Three attorneys at McDonald Hopkins have been recognized on the Illinois Super Lawyers list as being among the top attorneys in Illinois for 2020. Another four McDonald Hopkins attorneys were recognized on the list of Illinois Rising Stars. 

Business conditions in the U.S. will modestly improve or stay the course this year. That’s the prediction of 75% of the business executives who responded to the 10^th annual McDonald Hopkins Business Outlook Survey.

Adam J. Grais has joined the Chicago office of McDonald Hopkins LLC, where his experience advising businesses and business owners on structuring transactions and in addressing complex federal income tax issues will enhance the firm’s Tax and Benefits Department.

McDonald Hopkins featured in article on cybersecurity trends in 2020 in The Shift, a digital publication focused on emerging technology. 

Colin Battersby was quoted in Corp! magazine discussing the potential for foreign interference in U.S. elections due to a data breach.

Certified Information Privacy Professional Nicholas A. Kurk has joined McDonald Hopkins LLC as a member in the firm’s Chicago office.

As concern and fear of the coronavirus grows, many employers are wondering what, if anything, they should be doing to keep their workplace safe. McDonald Hopkins has information on workplace safety precautions during the coronavirus outbreak and guidance on ADA and FMLA concerns related to the illness.

In January 2020, the U.S. Department of Health and Human Services Office of Inspector General (OIG) updated its Work Plan to add compliance reviews of Medicare Part B payments for clinical lab services under 42 CFR 410.32(a), which sets forth Part B billing standards for ordering and supervising laboratory and other diagnostic tests. 

Communicating by email on construction projects is essential and likely the most common form of communication between participants on a project. More importantly, it is a great way to document issues that arise during the course of a project. However, with email being available on phones and tablets 24/7, and the fact that communications between different people on the project can become informal, there is a tendency to use email more frequently and less carefully than more formal means of communication.

Christine Czuprynski and MH Business Exchange host Michael Witzke examine the new year’s key cybersecurity trends on the 36th episode of the podcast series of McDonald Hopkins LLC.

In recognition of International Data Privacy Day, McDonald Hopkins has identified the top data privacy and cybersecurity trends for the coming year. Back in October, we looked at 2019’s trends and made some predictions on what was to come in 2020. In the fast-paced, ever-evolving world of data privacy and cybersecurity, it is not hard to believe that a lot has happened since then. Read on for insight on the current risks facing all organizations. 

After a little over a year of uncertainty surrounding the application of the Eliminating Kickbacks in Recovery Act, the first enforcement action by the Department of Justice was just announced. This is confirmation that even if the application of EKRA is not clear, the government is willing to enforce EKRA as it is currently drafted in applicable cases. 

Member Katherine Wensink of McDonald Hopkins Tax and Benefits Department was quoted in Lee Chilcote’s article in Crain’s Cleveland Business, “Boomer factor: Law firms face retirement needs of largest generation in U.S. History

McDonald Hopkins attorney James Giszczak was quoted by Metromode in advance of a Jan. 29 event on cybersecurity hosted by the Sterling Heights Regional Chamber of Commerce.

The many variables to be considered when determining the availability and/or timing for filing mechanic’s liens in the state of Ohio can often cause confusion among even the most seasoned industry practitioners. McDonald Hopkins has assembled a comprehensive chart explaining what steps to take and when depending on your role on the project.

It continues to be a seller’s market with respect to merger and acquisition activity in most industries, which means it is not unusual for multiple buyers to compete to acquire a selling company. In this article for the ACG Cleveland's special section in Crain's Cleveland Business, McDonald Hopkins' Kate Wensink and Christal Contini provide insight for family offices interested in purchasing a business on how to come out ahead during a competitive bid process.

On Sunday, January 12, 2020, the Department of Labor published new guidance that clarifies when a business should be considered the joint employer of a worker and therefore liable for labor law violations related to things such as overtime or minimum wages. The new rule, which takes effect March 16, rolls back previous policy and updates a standard that hadn’t changed in over 60 years by creating a four-part test to determine joint employment liability. 

Important information on how medical providers can use new CPT billing codes to comply with Medicare regulations when providing mental and behavioral health services.

What exactly am I giving up when I sign the lien waivers I’m required to sign when I submit my pay applications? How can I make sure my own subcontractors and suppliers are paying their own bills and will not assert lien or bond claims?

The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) provides new incentives and opportunities to make contributions to retirement accounts. It affects all 401(k) plans and IRAs. For account owners who died before 2020, payments from their retirement accounts could be “stretched” over the lifetimes of their beneficiaries. 

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

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.

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.

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.

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. 

McDonald Hopkins is conducting its tenth annual Business Outlook Survey of U.S. business leaders.

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.

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.

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.”

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?

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.

Andrew Gordon-Seifert has joined McDonald Hopkins LLC as an associate in the Intellectual Property Department of the firm’s Cleveland office.

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.

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.

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.

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.