- Blog Post
Ohio's joint employer law, which became effective March 20, 2019, could conflict with new federal joint employer standards. Because of this, franchisees and franchisors in Ohio should make sure their business and related businesses are complying with all state labor laws, and franchisors may want to review their franchise agreements to ensure that a franchisor is not assuming “direct control” over a franchisee’s employees.
- NewsNicole Kline has joined the Cleveland office of McDonald Hopkins LLC as an associate in the firm’s Business Department. She will work primarily with the Mergers and Acquisitions Practice Group.
- Blog Post
A recent article identified multiple HIPAA violations that have been most prevalent in HIPAA settlements. The settlements, while significant, show only the tip of the iceberg of the costs involved with inadequate safeguards.
- Blog PostGiven the rising demand for higher education in the U.S., it is not surprising that smaller, rural, or poorly managed university systems are encountering financial distress as larger or more prestigious institutions take over the market. Unfortunately, struggling educational institutions that receive federal student financial aid funding from the United States Department of Education (DOE) pursuant to Title IV of the Higher Education Act cannot just file for bankruptcy to obtain relief from debt obligations and restructure; an institution’s eligibility to receive Title IV funding terminates immediately upon a bankruptcy filing.
- News
Cleveland-based McDonald Hopkins sees so much potential in the business of third-party financing of lawsuits that it's building its latest practice around it. As that sector sees explosive growth, expect other law firms to jump on the trend.
- News
McDonald Hopkins President Shawn Riley reviews 90 years of the firm's history in the May 2019 edition of the Cleveland Metropolitan Bar Journal.
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McDonald Hopkins' Margaret O'Bryon explains how issuing a notice of intent to settle pursuant ORC 4123.512 may have the unintended result of eliminating the right to eppeal.
- Blog PostWith the Ohio budget season upon us, the Ohio General Assembly is considering tax proposals that could have big implications for consumers, business owners, and investors. Let’s take a look at three major proposals that are currently on the table:
- Blog PostIn recent years the Ohio Department of Taxation has been ramping up audit and enforcement efforts to impose the Commercial Activity Tax (CAT) on remote sellers. One such wholesaler is Greenscapes Home and Garden Products, Inc. The Ohio Tax Commissioner recently audited Greenscapes, leading to a CAT assessment for its sales of products in Georgia for transport to distribution centers in Ohio.
- Blog PostLate last year the IRS and Treasury finalized regulations to implement a new centralized IRS audit regime for partnerships and LLCs taxed as partnerships. Meanwhile, the Multistate Tax Commission recently approved model uniform legislation for states to adopt to address the new federal regime for auditing partnerships. These new rules have significant implications for tax filings for tax years beginning in 2018 and require amending partnership and operating agreements. Let’s take a more in-depth look at the new system and what you can do to prepare.
- Blog PostThe Restaurant Performance Index (RPI) is a monthly index that tracks the health and outlook of the U.S. restaurant industry. The National Restaurant Association, the world’s largest food-service trade group, publishes the index results on the last business day of each month.
- NewsMcDonald Hopkins Courtney Tito is profiled in The Palm Beach Post
- Podcast
On Episode 28 of McDonald Hopkins' podcast series, MH Business Exchange, entitled “McDonald Hopkins Litigation Finance Practice Group, Part 2: An Introduction to the Practice Group,” Marc Carmel and Mike Witzke discuss the decision to create a new practice group which is among the first of its kind and unique to the legal market.
- Blog PostAfter what seems like months of drama about EEO-1 reporting issues, on April 30, 2019, the Equal Employment Opportunity Commission confirmed that employers will be required to submit pay data by September 30, 2019.
- Podcast
The 27th and 28th episodes of McDonald Hopkins’ podcast series MH Business Exchange have been released as a two-part discussion of litigation finance.
- Blog PostFollowing industry-wide speculation and posturing, the Securities and Exchange Commission (SEC) has released its “Framework for ‘Investment Contract’ Analysis of Digital Assets,” which the SEC will use to determine if an initial coin offering (ICO) constitutes a securities offering.
- News
McDonald Hopkins' Marc Carmel quoted in USA Today commenting on recent developments in the Payless Shoesource bankruptcy.
- News
Menin Development has secured a construction loan of nearly $30 million for a planned food hall in Delray Beach. McDonald Hopkins attorneys John Metzger and Jessica Lifshitz represented Menin.
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McDonald Hopkins is pleased to announce the attorneys and practice areas that have been recognized by Chambers USA 2019
- News
Margaret O’Bryon is bringing 15 years of experience developing an expertise in workers’ compensation to McDonald Hopkins LLC, joining the firm as counsel in the Cleveland office.
- Blog Post
The United States Equal Employment Opportunity Commission (EEOC) recently released detailed data regarding charges filed in 2018. Once again, retaliation was the most commonly filed charge with the EEOC, accounting for 51.9 percent (or a total of 39,469) of charges filed.
- News
McDonald Hopkins LLC has announced the creation of a practice group dedicated to the relatively new and exciting phenomenon of litigation finance. The firm’s Litigation Finance Practice Group is one of the first of its kind and is unique in the legal market.
- Blog PostIn a 5-2 decision, the Supreme Court of the State of Montana recently held that the state’s Tax Credit Program was unconstitutional. Although only a portion of the program was initially challenged, the court determined that the Montana Department of Revenue could not rectify the statute by adding new rules to circumvent the constitutional issue.
- Blog Post
Early analysis of the most recent Opportunity Zone program guidance shows that the IRS and U.S. Treasury are trying to make the program palatable to investors considering investment in low-income communities. Beyond the federal tax incentives, the state of Ohio is currently considering a credit against the Ohio income tax for Opportunity Fund investors.
- Blog Post
Violence in the workplace has become an all too frequent issue that employers must be prepared to address. To provide employers with guidance and practical insights, including on obligations under the OSHA general duty clause to provide a safe workplace, McDonald Hopkins is presenting a Business Hour on May 6, 2018, on workplace violence.
- News
A prominent Argentine lawyer filed a multimillion-dollar federal complaint against Uber for the unimaginable harm Uber inflicted on him as a result of Uber's recklessly orchestrated entry into Buenos Aires.
- Blog Post
Florida’s Fourth District Court of Appeal on April 3 certified to the Florida Supreme Court as a question of great public importance the issue of what the cutoff date is for filing a construction defect action.
- Blog PostRecent amendments to Massachusetts’ data breach notification statute will be effective on April 11, 2019, and business organizations, public agencies, and other legal entities should take note.
- NewsDisability Rights Ohio expands Medicaid Pro Bono Program thanks to partnership with McDonald Hopkins
Disability Rights Ohio is pleased to announce a new partnership with law firm McDonald Hopkins LLC to expand its existing Medicaid Pro Bono Program, which provides legal services to Ohio families and children with disabilities. The program, which started when DRO teamed up with Nationwide Insurance in 2017, will now be able to reach more people struggling to obtain access to adequate healthcare services and medical equipment.
- News
Cleveland Metropolitan School District CEO Eric Gordon kicked off McDonald Hopkins’ Leaders in Education Lunch Series on Tuesday, April 2, with a candid discussion covering the past, present and future of Cleveland schools. While he admits the CMSD still has a long way to go to reach its goals, Gordon shows how the school district has moved the needle since his installation as CEO in 2011, providing a blueprint for other at-risk urban school systems in the state and throughout the nation.
- Blog PostAs part of federal tax reform in 2017, Congress created the Opportunity Zone program to encourage investment in low-income areas. Last October the IRS and Treasury Department issued proposed regulations to provide investors with further guidance the program. Now, the Ohio General Assembly is seriously considering a tax credit against the Ohio income tax with similar policy objectives in mind.
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- Blog Post
Ohio Gov. Mike DeWine signed into law the two-year Transportation Budget on April 3, 2019, without any line item vetoes. The signing resolves contentious negotiations between the governor and the General Assembly over infrastructure spending and funding alternatives.
- Blog PostEmployers with at least 100 employees and certain federal contractors with 50 or more employees must file a Standard Form 100, Employer Identification Report (EEO-1 Form) annually identifying the number of employees who work for the organization by job category, race, sex, and ethnicity. Seems simple enough, but really so much drama.
- Alert
While the rest of us were busy filling out our NCAA tournament brackets, the U.S. Department of Labor (DOL) was engaged in another kind of March Madness. In a flurry of activity during the month of March, the DOL issued two notices of significant Fair Labor Standards Act (FLSA) rulemaking along with three new Opinion Letters on Family and Medical Leave Act and FLSA issues.
- Blog PostThe current cybersecurity landscape demonstrates both that company leaders are rightly concerned and that they need to be doing more to secure their businesses against a known, but ever-evolving, threat.
- NewsOn March 22, 2019, two members of McDonald Hopkins intellectual property litigation team, Dave Cupar and Matt Cavanagh, scored a $3 million judgment for Spectrum Laboratories, against a competitor that for years was willfully infringing on a chemical patent that extends product shelf life.
- AlertSince its June 2016 vote to leave the European Union (EU), the United Kingdom (UK) has struggled to agree on terms to implement a “Brexit” from the EU. What happens if the UK is unable to reach an agreement by the new deadline of either April 12 or May 22? We've put together a summary of a few of the provisions that the UK Government and UK Intellectual Property Office have proposed in the case of a “no-deal” scenario.
- Blog PostLast month the Virginia General Assembly enacted a law, SB 1256, that exempts gains from takings by eminent domain from their state income tax.
- Blog PostFederal lawmakers reintroduced the Digital Goods and Services Tax Fairness Act to both houses of Congress on March 13, 2019. Sens. John Thune (R-SD) and Ron Wyden (D-OR) introduced S. 765 in the Senate. In the House, Reps. Steve Cohen (D-TN) and John Ratcliffe (R-TX) introduced H.R. 1725. The act aims to “establish a national framework for when and how state and local governments can tax digital goods and services.”
- Blog PostThe U.S. Court of Appeals for the Ninth Circuit recently denied former California State Board of Equalization employee Curtis Ayers qualified immunity for participating in an unreasonable search of a business taxpayer. In Advanced Building & Fabrication, Inc. et al. v. California Highway Patrol et al., the court rejected Ayers’ contention that there was no Fourth Amendment violation.
- Blog PostOnline third-party sales platforms like Amazon Marketplace, Walmart.com, e-Bay, and Etsy are all great ways for international sellers to enter the U.S. market. There are, however, important IP considerations international sellers should address before they start putting their products up on these sites.
- Blog PostEarlier this week, Rep. Devin Nunes (R-California) sued Twitter, Liz Mair (a political commentator), and two obvious parody Twitter accounts: “Devin Nunes’ Mom” and “Devin Nunes’ Cow.” The resulting negative publicity is another lesson in the Streisand Effect.
- Blog PostWest Virginia’s legislature recently introduced House Bill 2373, which would bring a Dormant Mineral Act to the state for the first time. Essentially the same as Ohio's DMA, West Virginia has the opportunity to learn from Ohio’s issues and draft a bill with more definitive and clear language.
- Blog PostOhio’s Seventh District Court of Appeals recently issued surprising decisions in two significant cases relating to the oil and gas industry. The following is an analysis of the unsettling portions of those cases and the impact of the court’s decisions.
- Blog PostRecently, Ohio House Bill No. 100 was introduced which would amend the language of Ohio’s Dormant Mineral Act (DMA). The bill makes several changes to the DMA, at least one of which would have far-reaching impacts on Ohio landowners and oil and gas producers.
- NewsMargaret O’Bryon is bringing 15 years of experience developing an expertise in workers’ compensation to McDonald Hopkins LLC, joining the firm as counsel in the Cleveland office.
- Blog PostDetermining when a given cause of action has accrued under Florida law is often tricky business. Claims filed too early in the process often become the subject of motion practice and court orders staying the action. Claims filed too late may become time-barred by the applicable statutes of limitation. Like many causes of action under Florida law, the statute of limitation for legal malpractice claims is set forth in Chapter 95 of the Florida Statutes. Under Florida law, legal malpractice claims must be brought within two years.
- NewsDana White has joined McDonald Hopkins LLP in Detroit and Chicago as a member in the firm’s Business Law Department and Real Estate Practice.
- NewsLindsie A. Everett has joined McDonald Hopkins as an associate in the Intellectual Property Department of the firm’s Cleveland Office.
