- Blog PostOn December 19, Ohio landmen received good (if slightly disappointing) news - the Ohio General Assembly passed Senate Bill 263, which resolves the most burdensome implications raised by a previous ruling (Dundics et al. v. Eric Petroleum Corp.,) requiring landmen who negotiate oil and gas leases or the sale of mineral rights, as well as pipeline rights-of-way, to become licensed real estate brokers, or face potentially severe penalties. The bill includes some compromises and additional requirements that many will undoubtedly find bothersome.
- NewsRyan Neumeyer spoke to ConnectedHR about what human resource issues to expect during the coming year, touching on administration change, the EEOC, and marijuana laws/legislation.
- Blog PostPractical advice for contractors handling waivers and releases, discusses the standard forms and language required by Florida law, and identifies the key issues contractors need to understand.
- Blog Post
In mid-December, the Ohio House and Senate passed House Bill 494, a bill which specifically exempts corporate franchisors from franchisee-level labor and pay-related violations. Because of the traditional structure of the franchise business model, this bill could have a direct impact on the potential liability of both franchisees and franchisors in Ohio going forward.
- NewsWatch McDonald Hopkins Miami Managing Member Raquel "Rocky" Rodriguez as she and the Dec. 16, 2019 This Week in South Florida Roundtable Panel analyze top news stories on WPLG Local 10 in Miami.
- Blog PostThe Louisiana Supreme Court recently ruled that its residents holding interests in pass-through entities may take a credit against their Louisiana personal income taxes for business taxes paid to Texas. The case establishes a split on this issue with a recent Supreme Court of Maine decision that we reported on in August. Other state courts in Ohio, Oregon, California, and Alabama have similarly held that states may lawfully impose personal income tax on nonresident shareholders of pass-through entities doing business in their state.
- Blog PostThe Supreme Court of Ohio issued a ruling denying sales and use tax relief to a company that purchased an airplane and leased it to a related party. In Pi In The Sky v. Testa, a company, Mitchell’s Salon and Day Spa, Inc., created a single member LLC named Pi In The Sky, LLC to hold and lease an airplane.
- Podcast
David D. Ebersole joins MH Business Exchange host Mike Witzke for a preview of the nation's largest tax conference
- NewsCarl Grassi, firm chairman at McDonald Hopkins, explains how the Opportunity Zone program offers investors deferred gain tax benefits in his latest Tax Tip column for Crain's Cleveland Business.
- NewsMcDonald Hopkins Labor and Employment attorney Ryan Neumeyer offers his thoughts about medical marijuana issues in a blog post by ConnectedHR.
- News
Thirteen attorneys at McDonald Hopkins have been recognized by Ohio Super Lawyers as among the top attorneys in Ohio. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. In addition, four of the firm's attorneys have been named to the Ohio Rising Stars list as among the top up-and-coming attorneys in Ohio.
- Blog PostThe holidays can be a very difficult time for employers with holiday parties, year-end activities and bonuses. With the holidays in full swing, here are six helpful tips for provide employers to assist in making the holidays a little less stressful.
- Blog PostThe Michigan legislature just gave employers an early Christmas present by scaling back on the terms of broadly-worded minimum wage and earned sick time laws that started out as citizen-initiated ballot proposals.
- Blog PostOn October 24, 2018, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act) was signed into law. It is a broad piece of bipartisan legislation intended to address the national opioid crisis. One of the bills included in the SUPPORT Act is the Eliminating Kickbacks in Recovery Act of 2018 (EKRA).
- NewsMcDonald Hopkins' Michael J. Kaczka and Maria G. Carr discuss the issues and implications of the Sixth Circuit decision regarding single-employer pension plans in an article for Turnaround Times, a newsletter produced by the Turnaround Management Association.
- Blog PostThe Supreme Court of Utah gave taxpayers a sweet victory recently in Utah State Tax Commission v. See’s Candies. In See’s Candies, the Utah State Tax Commission challenged an arrangement between two wholly owned subsidiaries of Berkshire Hathaway that provided Utah corporate franchise tax benefits. The Utah Supreme Court, however, ultimately ruled in favor of the taxpayer, See’s Candies.
- Blog PostThe Treasurer of the State of Ohio, Josh Mandel, has launched an initiative to make Ohio the first state to accept Bitcoin for tax payments. Through OhioCrypto.com, business taxpayers in Ohio may now pay 23 types of Ohio business taxes using the cryptocurrency Bitcoin.
- Blog PostThe Ohio Supreme Court recently issued a divided ruling in Cincinnati Reds, LLC v. Testa allowing a use tax break for the Cincinnati Reds baseball team for bobblehead dolls and other promotional items given to some attendees at their home games.
- Blog PostOn May 28, 2014, the Financial Accounting Standards Board (FASB), the independent, private-sector, not-for-profit organization that establishes financial accounting and reporting standards for public and private companies and not-for-profit organizations that follow Generally Accepted Accounting Principles (GAAP), issued ASC Topic 606—Revenue from Contracts with Customers. Topic 606 changes the way franchisors recognize revenue related to advertising funds, upfront franchise fees, and gift card funds.
- AlertOn Nov. 27, 2018, the U.S. District Court for the Middle District of Florida denied Alpha Home Health Solutions, LLC’s request for preliminary injunction. The judge found that Alpha Home did not have a constitutionally protected interest in the overpayment of federal funds.
- Blog Post
Unfortunately, being prepared for active shooter situations and other incidents of workplace violence is now a necessity. The following are 10 things employers should know or do related to the threat of workplace violence.
- Blog PostUnderstanding financial covenants in loan documents 101 - a look at the scope of financial covenants and how they are calculated and defined, including the definitions of debt service coverage ration, interest coverage ration, fixed charge coverage ration, debt to tangible net worth ration, minimum EBITA.
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After the 2016 election, we suggested the shale industry and trend towards Republicans in Ohio and Appalachia played a key role in a historic result. Did the trend continue in 2018? Let's take a look.
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In his Columbus Business First op-ed, Peter Welin offers advice to contractors who could be at risk after the recent Ohio Supreme Court decision regarding general liability insurance and defective work performed by subcontractors.
- Blog PostMcDonald Hopkins Miami Managing Member Raquel Rodriguez, who represented George W. Bush in the 2000 Florida recount, keeps you up to date with all of the events surrounding the 2018 recount. She explains the current lawsuits, the most recent court rulings, and even offers some spoilers of what lies ahead.
- Blog PostAn August report from the Securities and Exchange Commission found that amounts raised via private placements have greatly increased since 2008. According to the report, in 2017, there were 37,785 reported Regulation D offerings, which accounted for more than $1.8 trillion raised in new capital. This total amount raised through Regulation D offerings alone surpassed the total amount raised through registered securities offerings ($1.5 trillion).
- NewsMcDonald Hopkins' John Wirtshafter explains what is a wrap plan, why an employer would want/need a wrap plan, and how a wrap plan can help in an article for Confero Magazine, a quarterly magazine produced by Confero Fiduciary Partners.
- Podcast
Raquel "Rocky" Rodriguez, McDonald Hopkins' Miami managing member and former general counsel to Florida Governor Jeb Bush, provides a rare perspective into the 2018 Florida recount.
- Blog PostWhen you want to create and preserve a charitable legacy, after identifying the charity you want to benefit it is critical that your gift be memorialized in writing by a gift agreement. Gift agreements should include necessary details such as restrictions in the use of funds, the right to enforce the agreement, publicity and naming rights, and a provision whereby the charity warrants that it is in good standing and is a public charity exempt from taxation.
- NewsMichael M. Antovski has joined the Detroit office of McDonald Hopkins LLC as a member in the Tax and Benefits Department.
- Blog PostA controversial issue that arises in Ohio commercial activity tax audits is whether taxpayers qualify for the agency exclusion for gross receipts received on behalf of others. The CAT is Ohio’s entity-level tax for the privilege of doing business in the state, as measured by the taxpayer’s taxable gross receipts in Ohio. Some other states impose a net income tax at the entity-level, which removes expenses from the base of the tax, or have no entity-level business tax at all.
- Blog PostInvestors are now moving forward with investments in underserved “Opportunity Zone” areas that could generate tax-free returns under proposed tax regulations issued Oct. 19, 2018. Congress created the Opportunity Zone program last year through the Tax Cuts and Jobs Act to encourage investment in low-income areas. The proposed regulations provide investors with flexibility to attain federal tax benefits including the deferral and reduction or elimination of capital gains tax.
- AlertThe breach notification provisions of Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) went into effect Nov. 1, 2018. PIPEDA places requirements and restrictions on an entity’s collection and use of “personal information,” defined as information about an identifiable individual, in the course of a commercial activity. All organizations that collect and use personal information belonging to Canadians must comply with PIPEDA’s requirements.
- Blog PostOn November 6, Michigan voters had their say. One thing that they said loud and clear was “YES” to legalizing recreational marijuana. As the saying goes, “elections have consequences.” For Michigan employers, a consequence of the new law will be how recreational marijuana affects the workplace. This means Michigan employers must understand the provisions of the law and must make decisions about workplace policies.
- PodcastDuring the episode titled "Securities Implications of Blockchain Technology," host Mike Witzke is joined by McDonald Hopkins member Ilirjan Pipa.
- Blog PostIn Owens v. Corrigan, the Fourth District Court of Appeals reversed a trial court’s dismissal of a legal malpractice claim arising out of an underlying child custody case. The trial court dismissed the legal malpractice action due to the existence of a mandatory arbitration clause in the retainer agreement executed by the plaintiff.
- Alert
The IRS announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the 2019 tax year. Changes to the limits are based upon the Social Security cost-of-living increases. Unlike in some recent tax years, most of the applicable pension and retirement limitations will increase for the 2019 tax year.
- NewsMcDonald Hopkins LLC has been recognized among the nation’s “Best Law Firms” in U.S. News & World Report and Best Lawyers’ 2019 rankings. The firm is highlighted in 40 categories, including 16 rated as Metropolitan Tier 1 practice areas. McDonald Hopkins is also nationally ranked in six categories.
- Blog Post
Update on the latest gas drilling rigs & permitting activity in the Appalachian Basin - which continue to be positive. The Appalachian Basin continues to drive the U.S. towards world leadership in oil and natural gas.
- Blog PostTitle washing, which reunited severed minerals with the surface owner, can have dramatic consequences for oil and gas drillers currently seeking to lease mineral rights. However, while the concept is fairly straightforward, if not necessarily intuitive, it can be difficult to recognize circumstances where title washing may have occurred.
- Podcast
On Episode 20 of MH Business Exchange, host Mike Witzke is joined by McDonald Hopkins attorney Michael Riley for a quick tour of all you need to know about the business income deduction.
- Blog PostEnergy poverty is a growing challenge, with 18 percent of the world’s population without access to even marginal electricity. Natural gas is a modern miracle fuel source that burns cleanly and can provide economic baseload electricity for the world – and here in the Appalachian Basin we have more of it than anywhere else.
- Blog PostLast month, the Cybersecurity Unit of the Department of Justice released its updated Best Practices for Victim Response and Reporting of Cyber Incidents, which outlines recommended steps to prepare for and respond to cyber incidents.
- Blog PostLast summer the Supreme Court of North Carolina handed a victory to a taxpayer challenging the state’s ability to impose its income tax on an “out-of-state” trust. In Kimberley Rice Kaestner 1992 Family Trust v. North Carolina Dept. of Revenue, the court ruled that the state could not impose its income tax on trust income merely because it had a resident beneficiary. On Oct. 9, 2018, the North Carolina Department of Revenue petitioned the U.S. Supreme Court to review its case.
- Blog PostOn Oct. 17, 2018, Hamilton County Common Pleas Court Judge Curt Hartman granted a preliminary injunction to advertisers challenging new charges on billboard advertising in Cincinnati, Ohio. The Cincinnati City Council adopted the measure, which is expected to raise $700,000 in revenue, in June as part of its 2019 balanced budget.
- Blog PostWhile the power struggle over Congress has grabbed headlines heading into this fall’s midterm elections, voters in several states will also see state tax issues on their ballots. Let’s take a look at some of the issues that voters will decide on Election Day.
- Blog PostLast week, the Florida Supreme Court rejected a 2013 amendment to Florida Statutes § 90.702 and held that the Frye standard, not the Daubert standard was the appropriate method to evaluate expert testimony.
- NewsMarc J. Carmel has joined the Chicago office of McDonald Hopkins LLC as a member in the Business Restructuring Services Department.
- Blog PostOn Oct. 12, 2018, the Illinois Department of Financial and Professional Regulation (IDFPR) proposed regulations that would allow advanced practice registered nurses (APRNs) who satisfy training and education requirements to practice independently of physicians.
- News
John Heer discusses the uptick of chemical regulations - state and federal, as well as international - applicable to products in the United States, in an article for the Cleveland Metropolitan Bar Jounal Environmental Law issue.
