News & Legal Updates Archive

DETROIT — Michael Eades has joined McDonald Hopkins LLC as an associate in the Litigation Department, adding his experience to the firm’s national Data Privacy and Cybersecurity Practice Group. 

On December 1, 2022, the Health and Human Services Office for Civil Rights (OCR) issued a Bulletin on the requirements imposed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for online tracking technology regarding protecting the privacy and security of health information. This Bulletin explains how HIPAA rules apply to regulated entities' use of online tracking technologies on their webpages and mobile apps, and comes in wake of several lawsuits related to the unauthorized disclosure of PHI to online tracking technology vendors.

CLEVELAND — Jessi Ziska has joined McDonald Hopkins LLC, a business advisory and advocacy law firm, where she is an associate in the Litigation Department’s Labor and Employment Practice Group. 

CLEVELAND - Charles (Drew) Hayes has joined McDonald Hopkins LLC as Of Counsel in the firm’s Intellectual Property Department. 

On December 29, 2022, President Joe Biden signed the Consolidated Appropriations Act of 2023 into law. At over 4,000 pages, the Act included the SECURE 2.0 Act of 2022 (SECURE 2.0), a sprawling collection of 92 retirement plan-related provisions that build on the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE ‘19). There are changes intended to encourage plan-sponsorship and provide additional opportunities to save, changes that (in practical terms) will increase and others that will (hopefully) reduce administrative burdens, and changes that raise revenue. Some changes are effective immediately, some in the next few years, and others that will not take effect for many years (if ever).

CHICAGO — Experienced real estate and finance attorney James Inendino has joined McDonald Hopkins LLC as a Member in the Business Department in Chicago.

In the flurry of the holidays, employers may have missed two employment provisions addressing pregnancy accommodations and lactation time tucked in the federal Omnibus spending bill signed on December 23, 2022. Now, as employers focus on 2023 compliance obligations, it’s time to dig into these laws and what they mean.

On January 5, 2023, the FTC proposed the Non-Compete Clause Rule which, if made final, would categorically ban non-compete clauses in employment contracts. The proposed rule would take effect 180 days after (and if) the FTC publishes a final rule and would supersede all state laws that are less restrictive.

After a long and challenging year of hybrid adjustments, recruiting struggles, and the “quiet quitting” phenomena, business owners, legal counsel, and HR professionals could use a reset in 2023 to help their workplaces look good and find balance. Here are suggestions for challenging, but attainable, 2023 human resources resolutions.

Ten attorneys at McDonald Hopkins have been selected to the 2023 Ohio Super Lawyers list and three McDonald Hopkins attorneys have been selected to the 2023 Ohio Rising Stars list.

The Central Kitchen Food Hub (Central Kitchen) located in Cleveland’s Midtown Corridor, is opening doors for craft food start-ups, food business support, and retail distribution for growing and mature food businesses.

As part of the proposed amendments published October 2022, the SBA  is proposing to implement a major change in affiliation criteria for franchises and distributorships/licensees by eliminating current principles for determining affiliation arising from management and control, franchise or license agreements, and identity of interest. Instead, the SBA proposes to streamline affiliation determinations based only on ownership criteria. This development will lead to the Franchise Directory being eliminated. 

Tucked deep in the 2023 federal Omnibus spending bill, passed on December 23, 2022 and signed by President Joe Biden the same day, were two surprise employment provisions that increase protections for pregnant and nursing employees. Both provisions had support across party lines as well as from a broad coalition of business and civil rights advocacy groups. 

Aubrey Brands has joined McDonald Hopkins LLC as an associate in the Litigation Department, adding her experience to the firm’s national Data Privacy and Cybersecurity Practice Group.

The recently amended Delaware General Corporation Law now permits corporations to exculpate officers from personal liability from monetary damages. Previously, Delaware law only provided for director exculpation. The recent amendments permit important liability protections that corporate officers should be aware of.

McDonald Hopkins member Spencer Pollock has been selected to the 2023 Maryland Rising Stars list. No more than 2.5 percent of lawyers in the state are selected by Super Lawyers to receive this honor.

With the clock ticking down on the current session of Congress, legislators in the House and Senate found a way to work together on several issues impacting the workplace which have now been signed into law by President Joe Biden. 

Cybersecurity threats are ever more prevalent in today’s world, and even more so during the holiday season. It is critically important individuals and businesses take steps to protect their personal information and other data during the holidays. In this blog we discuss three common cyber threats that may affect you or your business during the holiday season.

Trinh Vo has joined McDonald Hopkins as an Associate in the Intellectual Property Department. She brings to the firm extensive intellectual property experience, with a practice that focuses on patent, trademark and IP litigation.

On December 3, 2022, the United States Patent and Trademark Office will shorten the now six-month response due date for any trademark office action (final or non-final) to just three months. The USPTO will, however, allow an extension of an additional three-months with payment of a $125 fee to file the applicable response.

Last month, President Joe Biden signed an executive order that sets forth the steps that the United States will take to implement the U.S. commitments under the European Union-U.S. Data Privacy Framework (EU-U.S. DPF).

Liz Sullivan, the Chair of McDonald Hopkins' national Healthcare Practice Group, and Emily Johnson, a Member of the firm who focuses on matters in the healthcare industry, spoke about the  Anti-Kickback Statute (AKS), Eliminating Kickbacks in Recovery Act (EKRA), as well as relevant healthcare cases, during a video lecture for the University of Utah ARUP Laboratories. 

The Centers for Medicare & Medicaid Services (CMS) on November 1, 2022, issued the Medicare Physician Fee Schedule (MPFS) 2023 Final Rule (the “2023 Final Rule”), which sets forth updates, policy revisions and guidance relating to services under the MPFS. This includes updates and summaries regarding relaxed standards and related flexibilities that have facilitated the expanded use of telehealth and other digital health services during the Public Health Emergency (the PHE). 

Demetri Sintsirmas has joined McDonald Hopkins as an Associate in the Litigation Department, adding his experience to the firm’s commercial litigation team. He brings a diverse set legal experience to the firm, with a practice that focuses on providing guidance to both large and small corporate clients throughout the litigation and appeals process.

Christal Contini, a Member at McDonald Hopkins, Chair of the firm’s Mergers and Acquisitions practice, and the Vice Chair of the Business Law Department, recently spoke at the Behavioral Health Business INVEST Conference. Christal’s panel presentation was summarized and statements from her presentation were also included in the Behavioral Health Business article.

McDonald Hopkins Cleveland Managing Member David Kall's article "State tax incentives bring in big manufacturers — can your business benefit?" was featured in a recent edition of Crain's Cleveland Business.  

This edition of our employment law lessons for employers focuses on the recent employment related drama at Twitter. Here we break down the reported employment actions at Twitter and look at the practical lessons that employers can learn to implement drama-free reductions-in-force. 

Christal Contini, a Member at McDonald Hopkins, Chair of the firm’s Mergers and Acquisitions practice, and the Vice Chair of the Business Law Department, and Marc Carmel, Managing Member of the Chicago office and a Member of the firm's Strategic Advisory and Restructuring Department, wrote an article for Crain's Chicago Business on how investors should consider the opportunities and risks of buying a distressed business. 

With recent changes to the Confidentiality of Medical Information Act, organizations, covered entities, and health care providers should ensure that those who fall under both HIPAA and the CMIA are trained and knowledgeable about the specific and changing requirements to ensure not only privacy compliance but also the patient’s privacy.  

McDonald Hopkins LLC has been recognized among the nation’s “Best Law Firms” in U.S. News & World Report and Best Lawyers’ 2023 rankings. The firm is highlighted in 44 categories, including 17 rated as Metropolitan Tier 1 practice areas. McDonald Hopkins is also ranked nationally in six categories. 

Laura Sims has joined McDonald Hopkins LLC as an Associate in the Business Department and growing national Mergers and Acquisitions team.

McDonald Hopkins LLC is proud to announce the addition of Francis (Frank) Massaro to the Firm’s Baltimore/Annapolis office. Massaro joins McDonald Hopkins as an Associate, adding his expertise to the Business Department and growing national Mergers and Acquisitions team.    

The IRS released IRS Notice 2022-55, providing for the new cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the 2023 Tax Year. 

As cybersecurity threats continue to grow and become part of everyday life for individuals and businesses, it is critical that they be addressed as an operational risk. Like other operational risks, cybersecurity threats can impact your ability to operate, access information, reputation, customer trust, bottom line, and overall survival. The best defense against these threats is to create a culture of awareness and vigilance.

Maria Carr has rejoined the Cleveland office of McDonald Hopkins LLC as an Associate in the Strategic Advisory and Restructuring Department. 

Christa Kumming has joined McDonald Hopkins LLC as an associate in the Litigation Department, adding her experience to the firm’s national Data Privacy and Cybersecurity Practice Group. 

An ESOP remains paradoxical – a tax-qualified ERISA-covered retirement plan that is intended and allowed to invest directly in the employer’s securities in order to promote employee ownership. An ESOP’s ability to invest in the employer’s securities creates opportunities for shareholders to realize liquidity in a tax-advantaged manner.

Jory Berg has joined the Chicago office of McDonald Hopkins LLC as an Associate in the Strategic Advisory and Restructuring Department.

Julie Toth has joined the Cleveland office of McDonald Hopkins LLC as Counsel in the Business Department, where she will add her experience to the firm’s Executive Compensation and Governance team.

John Polinko has rejoined the Cleveland office of McDonald Hopkins LLC as Counsel in the Business Department, where he will add his experience to the firm’s Commercial Finance and Real Estate teams. Polinko previously worked in the Strategic Advisory and Restructuring Department at McDonald Hopkins.

Brian DeYoung has joined the Chicago office of McDonald Hopkins LLC as an Associate in the Litigation Department and part of the firm’s Commercial Litigation Team.

Like your home and car, you should not leave you digital systems and data vulnerable to an attack. Your data and computer system should be “locked” and handled with the same care as your other belongings. Any device that stores information or is connected to the internet can be a way for cyber criminals to gain access to your information and personal data

An Ohio law recently went into effect that defines the parameters for what constitutes an at-home work-related injury.

McDonald Hopkins LLC today announced executive leadership team appointments that will support the Firm’s growth and strengthen its position as a destination firm for both talented attorneys and distinguished clients.

McDonald Hopkins is proud to announce the election of attorneys Christopher Allen, Craig Distel, David Schelberg, and Amy Willey to the firm’s membership.

McDonald Hopkins has women attorneys and professionals in every office, department, practice group and level of leadership. This Spotlight Series shines a light on those attorneys and professionals, giving everyone at the Firm the opportunity to learn more about them and their practice.

October is Cybersecurity Awareness Month. In conjunction with the Cybersecurity and Infrastructure Security Agency’s annual awareness campaign, throughout the month McDonald Hopkins will be sharing information to educate you on how to take control of your digital safety and secure your individual and business information.  

Ransomware attacks rose 13 percent this year alone — here's what businesses need to know to protect themselves.

This article originally appeared in Crain’s Detroit Business on September 26, 2022.

From English monarchs to administrative agency rules, nothing lasts forever. On September 6, 2022, the United States National Labor Relations Board (NLRB) issued a new proposed rule to revise – once again – its standard for determining joint-employer status under the National Labor Relations Act. This proposed version is not as friendly to franchisors.