News & Legal Updates Archive

"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.”

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.

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.

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.

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.

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.

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.

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.

Jim Giszczak joins host Mike Witzke to discuss how parents can help students keep important information safe while online

Subcontractors should consider whether to be insured under the general contractor’s self-insurance workers’ compensation policy and general contractors should consider the benefits, risks and costs of providing the self-insurance coverage to the subcontractor.

Attorneys from the Detroit office of McDonald Hopkins LLC spent more than two hours networking with students from Wayne State Law School on Wednesday night, Sept. 4, during a meet and greet with the school’s diversity groups.

Back-to-school season is in full swing, and McDonald Hopkins’ national Data Privacy and Cybersecurity team has prepared 12 tips for parents on how to keep your children safe and your information protected.

Carla Erskine has been accepted into the 2019-20 Leadership Palm Beach County Engage program, providing the McDonald Hopkins attorney one more opportunity to help children in the community find the drive to push through roadblocks and recognize they may be “crazy enough” to achieve their most ambitious goals.

Nisha Patel has joined McDonald Hopkins as counsel in the Business Department’s Commercial Finance Group in the firm’s Chicago office.

The California Consumer Privacy Act of 2018 will go into effect on Jan. 1, 2020, and it will impact businesses whether they are based in California or not.

Lawyer of the Year selections Stephen M. Gross and Peter M. Bernhardt headline a list of 41 McDonald Hopkins LLC attorneys who have been selected by their peers for inclusion in Best Lawyers 2020.

Wednesday arrived with the Fed’s announcement of a 0.25% rate cut. The markets seemed to be disappointed by the meagerness of the cut.

Ohio healthcare providers and employers should be on alert for a series of emerging phone scams specifically targeting healthcare providers with prescription authority and pharmacists. On Aug. 7, 2019, the State of Ohio Board of Pharmacy issued a formal alert to all Ohio healthcare providers. Scammers are calling prescribers and pharmacists stating that they are being investigated by the Drug Enforcement Administration (DEA) and that their DEA registration is going to be revoked or that they will be arrested if they do not pay a fine immediately by phone or fax. 

McDonald Hopkins LLC announced today that renowned litigator David L. Drechsler has joined the firm as a member in its Cleveland office.

Michael J. Matasich has joined McDonald Hopkins LLC as a member in the Cleveland office, adding to the talent and experience in the firm’s Litigation Department. Prior to joining McDonald Hopkins, Matasich was a partner at Buckingham, Doolittle & Burroughs.

Despite recognizing “moderate” economic growth and a “strong” labor market, the Federal Reserve lowered its benchmark rate by .25 percent on Wednesday while suggesting more cuts could be their way. The rate cut was the first since Dec. 16, 2008. Does it signal an opportunity for real estate investors or is it a move that will simply delay an unavoidable economic downturn? Our attorneys offer their insight and recommendations.