News & Legal Updates Archive

On March 23, 2022, Ohio Senate Bill 102, signed into law by Gov. Mike DeWine, becomes effective. The new law, which modifies certain of Ohio’s liquor laws, attempts to address work shortages in Ohio’s bar and restaurant industry and clarifies rules for Ohio homebrewers and homebrewing conventions.

McDonald Hopkins' Rick Hindmad and Andy Sobczyk, a senior manager with Coker Group, recently discussed the No Surprises Act on the Coker Group's Coffee with Coker podcast.  

On February 23, a U.S. District Court judge in Texas vacated surprise billing regulatory provisions that established a presumption in favor of median in-network rates to determine payment amounts for out-of-network services under the No Surprises Act arbitration process.

In early February 2022, the FTC brought its first lawsuit since 2007 against Burgerim, a fast food burger chain, for violations of the Franchise Rule. The FTC’s complaint against Burgerim alleges that the company targeted veterans as potential franchisees, claiming that the opportunity was a “business in a box” that could be operated with little to no business experience.

This case is instructive for both parties to a franchise agreement, albeit for different reasons. Franchisors operating in Ohio should be mindful of BOPA when negotiating a franchise agreement, including how representations are made in the FDD. For franchisees, however, it is stark reminder to not sit on your rights.

Carl Romano's move to McDonald Hopkins was featured in a Law360 article on February 28, 2022. 

On February 8, 2022, the U.S. Court of Appeals for the Federal Circuit determined that certain restrictions on the ability to challenge the validity of patents are enforceable. As a result of this and related decisions from the court, here are guidelines to use when attempting to contractually preclude a potential patent challenger from using IPR proceedings against your patents.

McDonald Hopkins attorneys David Kall and Amy Wojnarwsky discussed College Now's Mentor Monday program on the Tuesday, February 28 episode of WKYC TV-3's "It's About You."

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 Laura Steinbrink, president of Emerald Built Environments, focusing on the importance of ensuring that commercial and office interiors meet the high standards set by Leadership in Energy and Environmental Design (LEED), the green building certification program used worldwide. 

McDonald Hopkins is proud to congratulate James Stief and Dean DePiero on being selected as part of Crain's Cleveland Business Notables in Law for 2022.

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 Camille Billups, a veteran finance and investment banking professional who puts targets of Team NEO – northeast Ohio’s 18-county job creation engine – in touch with the statewide and local resources often necessary to attract and keep businesses in the region.

Last week, the United States Women’s National Soccer team (USWNT) earned a multimillion-dollar settlement towards the fight for equal pay for women. The settlement is a reminder to employers that equal pay violations are at the forefront of enforcement for civil rights agencies, state courts, and federal courts.

Alex S. Bruce has joined the Cleveland office of McDonald Hopkins as an associate in the firm’s Litigation Department.

Carl Romano has joined the West Palm Beach office of McDonald Hopkins as a Member in the Business Department.

The International Franchise Association recently released its 2022 Franchising Economic Outlook, detailing the franchise sector’s performance for the past year and projected economic outlook for the year ahead, as well as an in-depth state outlook for all 50 states and Washington, D.C.

With a goal of assisting those in the restaurant and hospitality industry, starting on March 1, 2022, Michigan small businesses that suffered from financial hardship during the COVID-19 public health emergency will be eligible to apply for grants under the Afflicted Business Relief (ABR) grant program. Legislation passed and signed into law by Gov. Gretchen Whitmer makes up to $409 million available for distribution under the ABR grant program.

McDonald Hopkins' Probate and Trust Litigation team provides insight and guidance on some of the most frequently asked questions from our clients as they navigate probate, trust, and estate disputes that arise in the transfer or management of wealth.

Vanessa Bailey has joined McDonald Hopkins LLC in Detroit as an associate in the Business Department, adding her experience to the firm’s Mergers and Acquisitions team.  

Last week, in a rare showing of bi-partisanship, Congress passed legislation limiting the scope of mandatory arbitration for workplace sexual harassment and assault claims. President Joe Biden is expected to sign the bill, commonly known as the #MeToo Bill, into law in the coming days.

Heading into the third year of a global pandemic, it comes as no surprise that the business community has tempered its optimism for the year ahead.

The Illinois Supreme Court recently granted leave to appeal in a case that will finally decide the hotly disputed question of what statute of limitations period applies to claims under the Illinois Biometric Information Privacy Act (BIPA).

The U.S. Department of Labor (DOL) announced this week that its Wage and Hour Division (WHD) is looking to add 100 new investigators to its team in the coming weeks. While the DOL is saying, “Help Wanted,” HR professionals across the country are thinking, “Good luck finding 100 new employees.”

Four attorneys at McDonald Hopkins have been selected to the 2022 Illinois Super Lawyers list and three McDonald Hopkins attorneys have been selected to the 2022 Illinois Rising Stars list.

Joshua L. Resnick has joined McDonald Hopkins LLC in West Palm Beach as an associate in the Litigation Department, adding his experience to the firm’s Commercial Litigation team.  

After almost two years of being put on hold in response to the COVID pandemic and subsequent shift to remote work, Ohio’s traditional “20-day rule” requiring employers to withhold municipal income tax from employees who work in a municipality for more than 20 days, was reinstated at the start of the calendar year. Accordingly, employers must now follow the 20-day rule for any wages paid after January 1, 2022, and employees may be entitled to a refund for municipal income tax that was over-withheld in 2021.

McDonald Hopkins' Elliot Raff, along with Harold Ashner from Keightley & Ashner LLP, recently shared insight on surviving a Department of Labor, Employee Benefit Security Administration audit with Bloomberg Tax's Tax Management Compensation Planning Journal.

The Small Business Reorganization Act, passed in 2019 and first implemented in 2020, promised to provide small business owners with a more feasible, efficient, and less expensive way to restructure debt and move forward the operations of their business.

McDonald Hopkins' Jason Klein and Christopher Hawley provide insight on why legal due diligence is critical for PE buyers in an article for Crain's Cleveland Business.

Now that the Supreme Court has reinstated a stay on the OSHA Emergency Temporary Standard that required employers of 100 or more employees to implement a "vaccine or test" policy, employers must decide how to proceed - with policies they may have already rolled out, with confidential medical information they may have already collected, and with expectations from employees on both sides of the COVID-19 vaccine divide. McDonald Hopkins' Labor and Employment team has prepared guidance for employers on how to move forward with a continued focus on workplace safety and compliance. 

The vaccine mandate covering healthcare workers took the same journey to the Supreme Court as the broader OSHA ETS, but ended with a much different outcome - on January 13, the Supreme Court lifted the stay on the CMS emergency rule allowing for enforcement of the COVID-19 vaccination mandate for eligible staff at healthcare facilities that participate in the Medicare and Medicaid programs. McDonald Hopkins' Labor and Employment team has prepared a refresher on the CMS vaccine mandate and guidance for covered healthcare employers on how to prepare for compliance.

For 12 years, McDonald Hopkins has conducted an annual Business Outlook Survey, attempting to determine how you, our clients and friends, view the business climate. We hope that you will share with us your views and help us identify challenges and opportunities for the coming year. 

The Patent Office of the USPTO recently announced a new limited Deferred Subject Matter Eligibility Response (DSMER) Pilot Program, which modifies Compact Prosecution for certain applications. McDonald Hopkins recommends applicants seriously consider accepting an invitation to participate in the DSMER Pilot Program.

As the USPTO moves to electronically granted patents, patent applicants should conisder filing contiuning applications at the same time as the issue fee is paid and all applicants should ensure they are enrolled in the USPTO's electronic notification system.

A New York court’s order vacating the order confirming the plan in the Purdue Pharma bankruptcy case not only unwinds a major piece of one of most pivotal bankruptcies in the United States this year, but also addresses a critical current issue in bankruptcy law – non-consensual third-party releases and the litigation surrounding these releases.

McDonald Hopkins member Tim Lowe urges FTC to avoid action limiting non-compete and restrictive covenants

David C. Strosnider has joined the Chicago office of McDonald Hopkins, adding more than 20 years of experience to the firm’s executive compensation and governance practice.

In the fourth and final co-authored blog post of this series, EPOCH Pi and McDonald Hopkins look at how environmental, social and governance (ESG) matters can be solidified during integration and beyond to ensure these considerations survive post-transaction.  

Employers continue to find themselves in the crosshairs of the vaccine mandates enforcement battle. The most recent salvo involves the December 28, 2021, decision by the Centers for Medicare & Medicaid Services (CMS) to enforce its vaccine mandate for healthcare workers at covered entities in 25 states - while that same mandate remains stayed in 25 other states.    

Nine attorneys at McDonald Hopkins have been selected to the 2022 Ohio Super Lawyers list and seven McDonald Hopkins attorneys have been selected to the 2022 Ohio Rising Stars list.

The Illinois appellate court recently confirmed that a claim under the Illinois Biometric Information Privacy Act accrues each time an individual’s biometric information is scanned or captured. This opinion has wide-ranging implications for the defense of BIPA cases.

On December 17, the U.S. Court of Appeals for the Sixth Circuit lifted the nationwide stay of OSHA's Emergency Temporary Standard, clearing the way for OSHA to resume enforcement of the vaccination or test rule. Immediately following the decision, 27 business groups filed an appeal with the U.S. Supreme Court in an attempt to overturn the Sixth Circuit’s decision. Just days before many are headed off for a holiday break, employers are once again wondering – what now?

McDonald Hopkins member Elliot Raff featured in December 15 article on Law360

McDonald Hopkins member Carl Grassi's Tax Tips, "Early termination of the Employee Retention Credit and potential personal liability" featured in Crain's Cleveland Business on December 12, 2021.

Elliot Raff has joined the Chicago office of McDonald Hopkins, adding more than 30 years of experience to the firm’s tax and benefits team and executive compensation and governance practice, from a career that includes nearly a decade holding senior in-house legal positions at major U.S. companies and as a trial attorney for the U.S. Department of Labor.

McDonald Hopkins wishes you and yours peace and joy this holiday season, with gratitude and warm wishes for a happy and healthy new year!

The Michigan Court of Appeals recently reiterated a common sentiment among courts across jurisdictions – “non-competition agreements are only enforceable to the extent they are reasonable.”

As you prepare to grow your business through acquisition, make sure your business considers any cybersecurity risks. McDonald Hopkins' Data Privacy and Cybersecurity team and M&A team have prepared 4 key questions to ask as part of your business and legal due diligence prior to an acquisition. 

McDonald Hopkins member Teresa Metcalf Beasley has been selected to serve on the transition team for Cleveland Mayor-Elect Justin Bibb.

Following the tragedy at Surfside many in South Florida braced for long and protracted litigation. Recently, several survivors and the family members of those who died filed a class action lawsuit against the construction team developing Eighty Seven Park, a luxury condominium next door to Champlain Towers South. 

On December 2, 2021, the Sixth Circuit ruled in a nationwide data security breach putative class action lawsuit against e-commerce provider StockX, deciding that an arbitrator - not the federal district court – will decide whether parties to an arbitration agreement have to arbitrate their dispute unless a party specifically challenges the delegation clause in an arbitration agreement.  The Sixth Circuit’s ruling affirmed the district court’s order compelling arbitration and dismissing the case.