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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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- Blog PostWhen developing a new brand for your business, it’s not as easy as coming up with a clever and catchy name. Rather, you need to consider conducting additional research into the new brand before investing substantial time and energy into its marketing.
- NewsColin M. Battersby has joined McDonald Hopkins, a business advisory and advocacy law firm, as counsel in the firm’s national Data Privacy and Cybersecurity Practice Group.
- NewsMcDonald Hopkins, a business advisory and advocacy law firm, welcomes attorney Christopher G. Hawley. Based in Cleveland, he is an associate in the firm’s Business Department.
- Blog PostThe Centers for Medicare & Medicaid Services (CMS) has completely revamped the current Medicaid Integrity Manual. The new Medicaid Integrity Manual, effective April 3, 2018, will only have two chapters instead of 17.
- NewsMcDonald Hopkins, a business advisory and advocacy law firm, has once again been nominated by Advisen as a finalist for their 2018 Cyber Risk Awards in the category of Cyber Law Firm of the Year. The firm’s national Data Privacy and Cybersecurity Practice, led by co-chairs James J. Giszczak and Dominic A. Paluzzi, was previously nominated as a finalist for Advisen’s Cyber Risk Awards in 2017 and 2015 in the categories of Cyber Law Firm of the Year and Cyber Risk Pre-Breach Team of the Year, respectively.
- NewsMcDonald Hopkins, a business advisory and advocacy law firm, welcomes litigator Christine M. Dimitriou to the Miami office as an associate.
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- AlertIt’s valuation season for ESOPS. As the first valuation season following the September 2017 First Bankers Trust settlement, now is a particularly good time for ESOP companies to carefully consider all items their plan trustees will need to review as part of the valuation process.
- Blog PostIn 2017, several states considered legislation that would impose additional tax on carried interest. While there has been energy behind these proposals in the past, these new endeavors are, in part, a response to the federal 2017 Tax Cuts and Jobs Act, enacted in December 2017.
- Blog PostThe battle to lure Amazon’s HQ2 continues. On Jan. 18, 2018, the retailing behemoth announced its short list of 20 cities, narrowed from 238 proposals within the United States, Canada and Mexico. Learn about next steps for Amazon - and find out what other U.S. megadeals in the works are motivated by tax incentives.
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States have taken different approaches to addressing the issue of whether software as a service (Saas) is taxable. Indiana is one that has legislation waiting for the governor’s signature. The crux of the bill is the exclusion of SaaS transactions from the sales tax.
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- AlertOn March 8, the Florida Senate unanimously passed HB 37, smoothing the way for physicians, chiropractors, nurse practitioners and primary care group practices to furnish primary care services for a flat monthly fee directly to their patients or employee groups. Specifically, HB 37 sets forth parameters for direct primary care agreements.
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When developing a new product, you may want to consider whether a design patent can provide intellectual property protection that could bring value to your business.
- Blog PostCMS issued a notice regarding its intent to start denying provider enrollment or change of ownership applications where there is an outstanding Medicare overpayment owed by a provider, supplier or owner.
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- NewsMcDonald Hopkins, a business advisory and advocacy law firm, has launched MH2020, a three-year initiative to commemorate the firm’s 90th anniversary in the year 2020.
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Since 2007, the U.S. Department of Justice Antitrust Division has criminally charged 575 individuals and 199 companies with antitrust violations. DOJ has collected over $10 billion in criminal antitrust fines and penalties, and the average prison sentence imposed on individual antitrust violators was 21 months. What are emerging enforcement trends in this area, and what can companies do to ensure they do not unwittingly run afoul of complex antitrust laws? DOJ Antitrust Division officials and top private antitrust attorneys discussed these issues in a panel at the American Bar Association White Collar Crime Conference in San Diego. The highlights of the discussion included the following:
- AlertMichigan recently updated the maximum amount health care providers can charge for copies of medical records. For the 2018 calendar year the following fees are in place:
- AlertIn Illinois, health care facilities and practitioners are permitted to charge for copies of medical records when the patient, other health care practitioners, and/or attorneys request such records. The 2018 maximum fees that can be charged for copying medical records are as follows
- AlertWhen it comes to data privacy and cybersecurity, employees can be your greatest asset and your greatest weakness. While most employers provide onboarding training to new employees and some training throughout the year, it is best practice to train all employees on cybersecurity and data privacy awareness.
- Blog PostIn 2017, plaintiffs had more success in persuading federal courts that even in the absence of actual identity theft, they had standing to sue for data breach. The recent shift in case law has significant implications for how companies should prepare for a data breach and possible class action litigation.
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- Blog Post3 tips on how to improve your residential construction contract.
- Blog PostIt’s already been a busy 2018 for the constantly evolving landscape of data breach notification laws. Here is an update on what is happening in South Dakota, Colorado, North Carolina, and Maryland.
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In a dramatic reversal, this week the National Labor Relations Board (NLRB) vacated its Dec. 14, 2017 decision in Hy-Brand Industrial Contractors, Inc. because of a conflict of interest.
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For 2018, the following maximum fees apply when the request for a patient's medical records comes from a patient or a patient’s personal representative, or someone other than a patient or a patient's personal representative.
- AlertIn Florida, the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, commonly referred to as the Marchman Act, can be used in certain circumstances to force someone to get involuntary drug/rehabilitative treatment before it is too late.
