News & Legal Updates Archive

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.

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.