- Blog PostThe Franchise Tax Board of California is seeking redress from the United States Supreme Court in the latest step of the Cal. Franchise Tax Bd. v. Hyatt case, and in mid-March, filed a new cert petition. In mid-April, Indiana and 44 other states filed a friend-of-the-court brief, as did the Multistate Tax Commission.
- Blog PostA number of states, like Georgia, have taken advantage of the 2017 Tax Cuts and Jobs Act's expected revenue increases to cut their own tax rates. Beyond their attention on the Tax Cuts and Jobs Act’s consequences, states are also increasingly focused on laws governing the permissibility of taxing online sales.
- PodcastHow high net worth individuals should react to estate tax changes that went into effect Jan. 1, 2018, as part of the federal tax overhaul.
- Blog PostFind out what obligations your company has to an employee who is called for jury duty.
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McDonald Hopkins Recognized by Chambers USA 2018
- AlertOn Monday, April 23, 2018, the Ohio Environmental Protection Agency issued its revised National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges of Storm Water Associated with Construction Activity. The new permit will be in effect for five years, expiring on April 22, 2023.
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Can you monitor emails that an employee sent on their work computer or review other information accessed on your (the employer's) network? The answer is "It depends."
- Blog PostLawmakers recently overrode Kentucky’s Gov. Matt Bevin’s veto of two pieces of legislation, House Bill 200, the budget legislation, and House Bill 366, the tax reform initiative. In so doing, they put into action what the Washington Post characterized as the “biggest overhaul in a decade.”
- Blog PostThe Sunshine State recently wrapped up the 2018 legislative session, which included passage of an $88.7 billion budget and $170 million in tax cuts. Get an overview of key enactments, which include a mix of one-time and recurring cuts.
- Blog PostLast week, lawyers involved in the “online sales tax case of the millennium” finally got to present their arguments in front of the United States Supreme Court. We've provided a recap of the oral argument held in South Dakota v. Wayfair.
- Blog PostThe U.S. Court of Appeals for the Seventh Circuit recently vacated a judgment entered in Barnes & Noble’s favor in a class action case (Dieffenbach v. Barnes & Noble, Inc.) accusing the bookseller of data privacy violations - further evidence that courts across the country are reaching different conclusions about whether data breach litigation is sufficiently pled, especially with respect to damages.
- NewsMcDonald Hopkins, a business advisory and advocacy law firm, recently held a discussion examining the impact of tariffs on the development of U.S. solar energy and the challenges facing the industry.
- Blog PostA district court in Illinois recently dismissed a disappointed bidder’s antitrust claim against the biddee and winning bidder for allegedly agreeing to circumvent a competitive bidding process. The case, Neptun Light, Inc. v. City of Chicago, serves as a stark reminder of well-established, but frequently overlooked antitrust principles
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During the episode titled “Overpayment: Managing medical records requests and avoiding payor audits,” Cleveland attorney Elizabeth Sullivan, co-chair of the firm’s national Healthcare Practice Group, sits down with host Mike Witzke to discuss why payor audits must be taken seriously and how healthcare providers should respond to medical records requests to avoid overpayment claims. Sullivan also explains why it is important for providers to be proactive and not reactive regarding payor audits.
- NewsDominic A. Paluzzi, the co-chair of McDonald Hopkins’ national Data Privacy and Cybersecurity Practice Group, has been named to Cybersecurity Docket’s 2018 Incident Response 30, a list of the 30 “best and brightest” data breach response attorneys and compliance professionals in the industry “who not only have the right stuff to manage a data breach response, but are also the kind of professionals critical to have on speed-dial when the inevitable data breach occurs.” Paluzzi was a recipient of the inaugural Incident Response 30 list in 2016.
- NewsDavid K. Hales, a prominent real estate attorney, has joined the Cleveland office of McDonald Hopkins LLC as a member and co-chair of the business advisory and advocacy law firm’s national Real Estate Practice Group. He comes to McDonald Hopkins from Calfee, Halter & Griswold LLP.
- AlertAn Ohio court recently reaffirmed the long-standing principle that contractors are responsible for ensuring compliance with not only the public contracting and bidding laws of the state of Ohio, but also the local ordinances as they relate to government contracts.
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Receiverships have been utilized in Michigan to address both distressed businesses and commercial real estate for decades. Historically, there was little clarity regarding the process for having a receiver appointed, the appropriate timing for the appointment, and what the receivership process would entail. This was due to the limited statutory authority from the Construction Lien Act and court rules regarding post judgment supplementary proceedings.
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- Blog PostThere is a movement in Puerto Rico that has the potential to turn it into a “crypto utopia” for the dozens of entrepreneurs who have found new wealth from blockchain and cryptocurrencies - and Puerto Rico's government is helping out.
- Blog PostOn Jan. 1, 2018, the Keystone State’s new budget took effect by way of Act 43 of 2017. Among other things, it created a withholding obligation for certain payors of Pennsylvania-source income and lessees of Pennsylvania real estate.
- Blog PostCharacterizing it as the “most difficult budget” the state had ever produced, Gov. Andrew Cuomo jokingly asked why everyone looked so tired at his press conference announcing the $168 billion agreement for fiscal year 2019. The governor was especially pleased that lawmakers completed their “herculean task” two days early while also hitting all of his top priorities.
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- Blog PostWest Virginia Gov. Jim Justice recently signed the Co-Tenancy Modernization and Majority Protection Act into law, which essentially acts as a forced pooling law similar to that already in effect in Pennsylvania.
- Blog PostWhere do succession planning and estate planning intersect?
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- Blog PostA solo practitioner won a unanimous decision in the United States Supreme Court. The court held in Hall v. Hall that when one of several cases consolidated under Rule 42(a) of the Federal Civil Rules of Procedure is finally decided, the decision confers upon the losing party the immediate right to appeal – regardless of whether any of the other consolidated cases remain pending.
- AlertEvery state in the U.S. now has a breach notification law, despite constant pressure for one uniform national law. Alabama and South Dakota have joined the 48 other states and the District of Columbia in enacting data breach notification statutes days apart, with South Dakota’s statute enacted on March 21, 2018, and Alabama’s statute enacted on March 28, 2018.
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- Blog PostDuring trial in Florida, if seeking to admit documentary evidence that falls within the exceptions to the best evidence rule (such as a negotiable instrument) the original must be used.
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Business advisory and advocacy law firm McDonald Hopkins LLC has hired away the co-leader of Detroit-based Miller Canfield Paddock & Stone PLC's data privacy practice to join its own growing group of national cybersecurity lawyers.
- NewsMcDonald Hopkins is pleased to announce its participation in the Cleveland Indians Community Partners program, the baseball club’s effort to strengthen youth in Greater Cleveland through service initiatives that focus on education, health and fitness.
- AlertThe Office of Inspector General issued a report recently where it found that 61 percent of the Medicare claims it reviewed for outpatient physical therapy did not comply with Medicare requirements for medical necessity, coding or documentation.
- Blog PostWhile carbon emissions increased worldwide, the U.S. actually saw a decrease in carbon emissions last year.
- Blog PostWhat founders should consider in the early stages of their exit strategy
- Blog PostChange is afoot in New Hampshire. SB 404, introduced on March 15, 2018, would phase out the state's 5 percent tax on interest and dividends income, known as the I&D tax, over a 5-year period, for ultimate repeal on Jan. 1, 2024.
- Blog PostAn August 2017 California Supreme Court case, California Cannabis Coal. v. City of Upland, left many scratching their heads about what it would take should the Golden State want to increase taxes.
- AlertThe Centers for Medicare and Medicaid Services issued a decision memo for Next Generation Sequencing tests for Medicare beneficiaries with advanced cancer. In the memo, CMS stated that NGS tests as a diagnostic lab test are reasonable and necessary if certain conditions are met.
- Blog PostHighlights of additional efforts and issues that experts are discussing in response to the federal Tax Cuts and Jobs Act, including charitable deduction work-arounds, bonus depreciation, payroll taxes, and a one-time repatriation tax.
- Blog PostStart-ups or inventors thinking of using crowdfunding to raise capital need to know when to file for a patent - it could be key to the success of your company.
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The tenth episode of McDonald Hopkins’ bi-weekly podcast series MH Business Exchange has been released.
During the episode titled “Securities considerations when raising capital” Cleveland attorney Ilirjan Pipa, chair of the firm’s Securities Practice Group, and host Mike Witzke discuss the securities considerations businesses must be aware of and how to properly navigate the various considerations as they prepare to raise capital.
- Blog PostIn a unanimous and groundbreaking securities case, the United States Supreme Court held that the federal Securities Litigation Uniform Standards Act of 1998 does nothing to strip state courts of their longstanding jurisdiction to adjudicate class actions brought under the Federal Securities Act of 1933.
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