News & Legal Updates Archive

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.

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.

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.

Tips and practical advice for preventing and responding to workplace violence during the holiday season and throughout the year.

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.

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).

McDonald Hopkins attorney Kevin Butler discovered more than just the names of his birth parents two years ago when he requested his birth certificate.

McDonald Hopkins attorney Ben Panter was featured in a "Shout Out" Q&A feature in the Dec. 1, 2019 edition of the Chicago Tribune.

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.

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.

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. 

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.

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.

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.

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.

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.

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".