News & Legal Updates Archive

A team of attorneys from McDonald Hopkins LLC spent the afternoon of Friday, May 13, in Chicago’s Daly Plaza riding stationary bikes to raise money for Cycle for Survival and its fight to defeat rare cancers.

McDonald Hopkins Member Scott Pollock was quoted in the April 20 edition of The American Lawyer in Justin Henry’s article “For Small and Midsize Firms, Threats of Data Breaches Loom Large.”

Sean Bowen has joined McDonald Hopkins as an associate in the firm’s Litigation Department, adding his experience to the firm’s national Data Privacy and Cybersecurity Practice Group. He is accredited by the International Association of Privacy Professionals as a Certified Information Privacy Professional for the United States, the gold standard certification for information privacy professionals.

Two recent cases highlight how seemingly common workplace situations can end up erupting into employment litigation when employers ignore the sensitivities raised by employees. Both cases involve birthday celebrations where the employee indicated they’d rather not engage. 

Gabriel (Sam) Groves, a former Department of Defense and United States Air Force contracting professional with over 30 years of federal contracts education, training, leadership, and management experience, has joined McDonald Hopkins as a paralegal in the firm’s Federal and Local Government Contracting & Procurement practice group.

Joshua Benrubi has joined the West Palm Beach office of McDonald Hopkins LLC as an associate in the Business Department and Real Estate Practice Group.

Patrick Campbell has joined the Cleveland office of McDonald Hopkins LLC as an associate in the Business Department and part of the firm’s national Healthcare Practice Group. As an American Society for Clinical Pathology board certified medical laboratory scientist, Patrick spent 10 years working for the Cleveland Clinic Foundation before the start of his legal career as a healthcare attorney.

In Illinois, health care facilities and practitioners shall be reimbursed for all reasonable expenses by the person requesting copies of records, including the costs of independent copy service companies, handling charges for processing the request, and the actual postage or shipping charge, if any, plus copy charges. The Illinois Code of Civil Procedure (735 ILCS 5/8-2001(d)) initially set the maximum fees that can be charged and the actual dollar amount is adjusted annually by the Comptroller for the State of Illinois.

McDonald Hopkins' David Kall, Cleveland Office Managing Member and Chair of the Tax and Benefits Practice Group, authored the April 24 edition of Crain's Cleveland Business' Tax Tips on "Potential risks and benefits of compensation in cryptocurrency."

McDonald Hopkins' Elliot Raff recently sat down with Curcio Webb to share his perspective on how the DOL Cybersecurity rules apply to retirement plan sponsors. 

Spencer Pollock was featured on Baltimore CBS affiliate WJZ-13, where he discussed the growing threat of cyber attacks, including the need for individuals and businesses to be more vigilant as the potential risk increases following Russia’s invasion of Ukraine.

A monthly segment from the McDonald Hopkins Public Law Group that asks local, regional and statewide leaders to pass along their wisdom on items of current and lasting interest. This latest installment features Mark Abood, Senior Vice President and Principal for Colliers International in Cleveland. Mark is a specialist in real estate auctions, and discusses the nuances and benefits of both public and private entities listing real property for sale in this way.

McDonald Hopkins is proud to congratulate member and Data Privacy and Cybersecurity Co-Chair Dominic Paluzzi on his selection to Cybersecurity Docket's Incident Response 40 for 2022.

The Federal Trade Commission published an advanced notice of proposed rulemaking on March 11, 2022 that it is considering a rule to address deceptive or unfair marketing using earnings claims. The commission is soliciting written comment, data, and arguments concerning the need for such a rulemaking. Comments must be received on or before May 10, 2022.

The Panel of National Pathology Leaders – a non-profit think tank dedicated to advancing best practices in pathology and laboratory medicine – has released its annual workload relative value unit (wRVU) productivity report with data on wRVUs from over 1,400 pathologists.

Earlier last month, the Department of Labor (DOL) issued guidance relating to cryptocurrency as an investment option in participant directed 401(k) plans. It was the closest the DOL has ever come to saying “No way!” on a fiduciary issue.

The Departments of Health and Human Services, Labor and the Treasury (Departments) last week announced the opening of the federal Independent Dispute Resolution (IDR) system for initiating arbitration under the No Surprises Act process and updated their guidance to certified IDR entities for determining out-of-network payment amounts.

McDonald Hopkins LLC announced the opening of a new Baltimore office and the addition of member Spencer C. Pollock and associate Kelly Campbell to the firm’s growing national Data Privacy and Cybersecurity Practice Group. Pollock and Campbell will serve as the foundation of the firm’s increased presence on the East Coast. 

As part of the American Rescue Plan, Congress approved a $28.6 billion Restaurant Revitalization Fund (RRF), which provided federal grants to eligible foodservice and drinking establishments like restaurants, bars, caterers, breweries, taprooms, and tasting rooms. The RRF is administered by the U.S. Small Business Administration (SBA). Under the RFF, restaurants and bars were eligible for economic aid equal to their pandemic-related revenue loss, with a cap of $10 million per business and $5 million per location. The funds were available for certain eligible uses, like payroll and rent. On July 5, 2021, the SBA announced that applicants had been approved to receive RFF grants in the aggregate amount of $28,574,979,472, and more than 278,000 submitted eligible applications representing over $72.2 billion in requested funds.

With the recent passage of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“Reporting Act”), many within the cybersecurity profession are looking forward to a bright future. However, this future should not be blinding of the current obligations existing under the Defense Federal Acquisition Supplement (DFARS). These DFARS clauses already require contractors to incorporate the National Institute of Standards and Technology (NIST). Applying NIST SP 800-171, contractors are responsible in implementing three layers of Incident Response. Furthermore, a representative from the Defense Contract Management Agency (DCMA) reminded contractors of some of their other current legal obligations.

Some proponents of ESOP strategies seem to tout them as the all-purpose solution to whatever ails a business owner – but sometimes, jargon obscures complexity and often results in confusion. This and subsequent articles will attempt to provide a clear explanation of what an ESOP is and how an ESOP may be used to achieve a variety of business objectives, noting potential pitfalls, risks, and solutions along the way.

The normal rule in federal court litigation generally is that the parties have to wait until the case is complete — final judgment — before having a right to appeal. Under this “final judgment rule,” interlocutory orders — orders that do not end the case — are generally not immediately appealable. There are, however, a number of exceptions to the final judgment rule. 

On March 29, 2022, Arizona Gov. Doug Ducey, signed HB 2164 into law, a first of its kind reporting requirement to the Arizona Department of Homeland Security. Specifically, HB 2164 requires entities notifying more than 1,000 individuals of a breach to submit notice to the director of the Arizona Department of Homeland Security.

With COVID-19 seeming to have abated for now, the federal agencies and Congress have turned their attention to implementing key Biden administration priorities, including those relating to employment laws, regulations, and guidance. Employers still working on normalizing operations should not ignore the heightened level of employment-focused activity taking place in Washington D.C.

Franklin C. Malemud has joined the Cleveland office of McDonald Hopkins LLC as a Member of the Litigation Department and Chair of the firm’s growing Trust and Estate Litigation Practice Group. 

McDonald Hopkins LLC has announced the election of James Giszczak and James Stief as co-presidents, with a shared vision of building on the Cleveland-based business advocacy law firm’s already successful culture that has made it a destination for a growing base of talented attorneys and venerable clients.

Matthew I. Pollack has joined the Cleveland office of McDonald Hopkins LLC as Counsel, where his years of experience in business and commercial finance law will enhance the firm’s Business Department and commercial finance team.

In her role as ARPA consultant retained by Huron County Commissioners to navigate the intricacies of the American Rescue Plan of 2021, McDonald Hopkins attorney Amanda Gordon was quoted by Norwalk Reflector reporter Mike Magnuson in his March 29, 2021 article "Could Rescue Plan money be osed for new senior center?" 

On March 8, 2022, Left Field Holdings, an operator of six Lime Fresh Mexican Grill restaurants located in Miami, filed a class-action lawsuit against Google LLC in the United States District Court for the Northern District of California. 

Energy has always been a powerful driver of the environmental, social and governance (ESG) movement, due to the universal impact of global warming. Over the last several weeks, there have been a number of energy and environmental events that could dramatically impact the course of the ESG movement here in the U.S.

McDonald Hopkins' Blair Dawson has earned the ANSI-accredited Certified Information Privacy Professional/Europe (CIPP/E) credential through the International Association of Privacy Professionals (IAPP).

Blair Dawson's move to McDonald Hopkins and the firm's national Data Privacy and Cybersecurity team was featured in a March 25, 2022 article by Celeste Bott in Law360. 

Following suit with what is expected to be a wave of states joining California in expanding data security protections for consumers and heightening requirements for businesses to protect consumer data, Colorado enacted the Colorado Privacy Act (CPA) on July 8, 2021. The law becomes effective July 1, 2023 and is similar in scope to the privacy law Virginia passed last year as well

Historically, consumer privacy in the United States has been a piecemeal effort left to the individual states. However, after California passed the California Consumer Privacy Act in 2018, other states began pushing their own version of the CCPA through their legislatures. For example, both Colorado and Virginia have already passed their versions. 

On March 15, 2022, President Biden signed the 2022 Consolidated Appropriations Act into law, allocating $13.6 billion in funding as a way to “address Russia’s invasion of Ukraine and the impact on surrounding countries.”  A significant portion of the Consolidate Appropriations Law, the Cyber Incident Reporting for Critical Infrastructure Act of 2022, ushers in changes and advancements within the federal cybersecurity landscape. 

In what is expected to be a wave of states joining California in expanding data security protections for consumers and heightening requirements for businesses to protect consumer data, Virginia was the first state to enact a consumer data privacy law. The Virginia Consumer Data Privacy Act (VCDPA), signed into law by Virginia Gov. Ralph Northam on March 2, 2021, is set to become effective January 1, 2023.

On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) announced the release of its long-anticipated proposed rule for climate disclosures for U.S. public companies. The proposals would‑for the first time‑require U.S. companies to provide information on climate risks facing their businesses and plans to address those risks, along with metrics detailing companies’ climate footprint, including Scope 1, 2 and, in some cases, Scope 3 greenhouse gas (GHG) emissions.

We hope you enjoyed the first session of Private Equity Executive Webinar Series – Acquiring and Protecting Critical Information Assets in M&A Deals. The webinar (which originally aired on March 22, 2022) is now available on demand for you to watch or share. Some key takeaways from the webinar include:

• Mitigation starts before the breach.
• Follow regulatory requirements.
• Know your assets and your rights.
• Diligence is as important post-close as it is pre-close.
• Plan ahead; Don’t fall into the afterthought trap.

Read the full blog to find out more.

Government contracting is one of the best opportunities available to small and medium size businesses. But these contracts have specific clauses that are found in the Federal Acquisition Regulation (FAR) and include mandates such as requirements concerning cyberattacks and when a business has an obligation to report an incident.

Thomas Lampman has joined the Cleveland office of McDonald Hopkins as an associate in the Litigation Department, adding his experience to the firm’s Commercial Litigation team.

Blair L. Dawson has joined the Chicago office of McDonald Hopkins LLC as a Member, where her decades of in-house and corporate experience in the financial and insurance industries combined with her background in responding to data security incidents will enhance the firm’s national Data privacy and Cybersecurity Practice Group.

Stephen Robison has joined the Cleveland office of McDonald Hopkins as an associate in the firm’s Litigation Department, adding his experience to the firm’s national Data Privacy and Cybersecurity Practice Group.

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.

As a result of the lack of funding, providers will soon be prohibited from submitting claims to HRSA for testing, treatment, and vaccination. Starting March 22, HRSA will stop accepting new claims for testing and treatment and on April 5, HRSA will stop accepting vaccination claims.

Companies across many industries use restrictive covenants to protect their business interests against former employees. Restrictive covenants can take multiple forms: non-compete agreements that prevent former employees from working for a competitor, non-solicitation agreements that prevent former employees from soliciting customers or employees, and nonuse and nondisclosure agreements that prevent the misuse or disclosure of confidential information.  Each of these restrictions has a place in a company’s toolkit for protecting its business assets.  

This article originally appeared in Crain’s Detroit Business on March 14, 2022.

The Revised Limited Liability Act - which became effective and applicable to all LLCs in Ohio on February 11 - contains numerous revisions to the laws governing LLCs in Ohio. McDonald Hopkins has prepared a summary highlighting ertain provisions of the act that secured lenders should consider when reviewing their existing loan documents and/or making new loans to an Ohio LLC.

Generally speaking, most states will enforce non-compete clauses if they are deemed to strike a reasonable balance between the employer’s interests and the interests of the employee and the public. But non-competes and other restrictive covenants may not be enforceable in the healthcare context where they are broader than necessary to protect the employer’s legitimate business interest or deprive the public of healthcare. 

Meghan A. Collins has joined the Chicago office of McDonald Hopkins as an associate in the firm’s Litigation Department, adding her experience to the firm’s national Data Privacy and Cybersecurity Practice Group. 

McDonald Hopkins encourages any business that directly or indirectly maintains a business connection to Russia or the Covered Regions immediately increase focus on export compliance. At the same time, each business should continue to assess its customer and supplier base to ensure each one is compliant to prevent harm to the business from unexpected interruptions of supply or customer purchasing.

Kathleen Stearns has joined McDonald Hopkins LLC in Detroit as an associate in the Litigation Department, adding her experience to the firm’s Commercial Litigation team.