News & Legal Updates Archive

McDonald Hopkins is proud to congratulate Courtney G. Tito, a Member in our West Palm Beach office, on achieving recognition by the Florida Bar as a Board Certified attorney in Health Law (effective August 1, 2021). 

To mandate or not to mandate the COVID-19 vaccine is not a decision that any employer should take lightly. For those employers contemplating a vaccine mandate, we've compiled seven issues to consider, including obligations to employees who can't be vaccinated, whether you can require proof of vaccination, and what to expect when mandating the vaccine. 

Rather than proposing a ban on non-compete clauses, President Joe Biden's July 9, 2021, Executive Order encourages the FTC to consider using its authority to curtail the unfair use of non-compete clauses. Given this and recent activity at the state level, it is critical that employers ensure they have appropriate and enforceable restrictive covenants in place.

Lauren E. Rygg has joined McDonald Hopkins LLC in Chicago as an associate in the Business Department, adding her experience to the firm’s Mergers and Acquisitions team. 

The for-profit sector is once again prioritizing environmental, social and governance issues as concerns over the pandemic ease. Driven by demands from internal and external stakeholders, as well as the desire to compete for top employees, ESG-themed funds in the U.S. added $8 billion in the first two months of 2021, nearly matching all of 2019.

Part 3 in the series "The Wild West of name, image, and likeness: Be prepared when the dust settles" looks at the organized chaos that has followed the change in century-old NCAA guidelines that now allow student athletes to profit from their name, image, and likeness. Further complicating the situation is that various states have passed their own unique laws outlawing schools from prohibiting athletes from financially benefiting from NIL, outside of school activities.

On July 22, 2021, Illinois Governor J.B. Pritzker signed into law a telehealth coverage and payment parity bill that will permanently expand access to and coverage for telehealth services.  

The Olympics are a flaming cauldron of employment law issues. Miriam Rosen, Chair of McDonald Hopkins' Labor and Employment Practice, provides insight on four lessons that can be learned from the games, ranging from ADA accommodations for mental health and substance abuse policies, to maternity leave and equal pay.

Now that the executive order declaring a public health emergency in Florida has lapsed with no grace period for transition and little fanfare to alert those affected, healthcare providers should be on the lookout as their practices may be severely impacted by the unceremonious end to the PHE and the effect on relevant waivers.

Part 2 in the series "The Wild West of name, image, and likeness: Be prepared when the dust settles" looks at the obligation of compliance with institution-specific policy, NCAA policy and NIL state laws in a new era which allows college athletes to earn money from their name, image and likeness. 

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 ninth installment asks Debbie Berry of University Circle Inc. for her take on what makes University Circle a world-class center of innovation, how UCI keeps the community engaged, and what the organization's greatest challenge is in today's market.

On July 1, four federal agencies issued an interim final rule with comment period which will implement various provisions of the No Surprises Act, a bipartisan bill to protect patients from surprise medical bills for non-emergency services furnished by out-of-network providers at in-network healthcare facilities, emergency services, and out-of-network air ambulance services. Our Healthcare team has prepared an article to address the implications of this rule and to provide action steps for healthcare providers.

On July 9, President Joe Biden is signing a broad Executive Order that purportedly seeks to increase competition in the labor market and help raise wages by making it easier for employees to change jobs. It will encourage the leading antitrust agencies, the Department of Justice (DOJ) and FTC, to enforce antitrust laws vigorously and encourages the FTC to ban or limit non-compete agreements, while encouraging both the FTC and DOJ to strengthen antitrust guidance to prevent employers from collaborating to suppress wages or reduce benefits by sharing wage and benefit information with one another.

Ghost kitchens began appearing in 2015, but the growth in this industry has skyrocketed since the onset of the pandemic. Learn more about some of the big players in this space and what it takes to start a virtual kitchen.

Illinois recently amended the Illinois Freedom to Work Act (IFWA) to impose stricter limitations on employee non-competition and non-solicitation agreements. This article covers the amended Illinois statute and highlights the provisions that will have the most impact on businesses.

After approving over 101,000 applicants for more than $28 billion, the SBA has announced it is no longer accepting new applications for grants under the Restaurant Revitalization Fund. Legislation has been introduced in the Senate to replenish the fund with an additional $60 billion, but the bill has not progressed.

McDonald Hopkins member and Grant Park Orchestral Association Board Chair Adam Grais introduced Chicago Mayor Lori Lightfoot on July 2, 2021 during opening night of the Grant Park Music Festival.

The prevelance and increasing popularity of special purpose acquisition companies has brought organization issues to the forefront, notably in the recently filed Franchi v. Multiplan Corp., a class action complaint filed in Delaware Chancery Court on April 9, 2021, which contends that the structure of the SPAC board “practically invites fiduciary misconduct”.  

Although fiercely competitive and incredibly popular (and lucrative) today, collegiate athletics comes from humble beginnings. Formalized participation in the first college athletic teams began with crew in the 1840s, baseball in the 1850s, football in the 1860s and track and field in the 1870s For nearly two-centuries, athletes who competed in collegiate sport were amateurs. On July 1, 2021, that all changed.

McDonald Hopkins members Peter M. Bernhardt and John T. Metzger have been recognized by Florida Super Lawyers as among the top attorneys in Florida. No more than five percent of the lawyers in the state are selected by Super Lawyers.

While special purpose acquisition companies are capable of raising massive amounts of capital, they often set their sight on even larger targets. In such instances, SPACs may turn to private investment in public equity to raise certain additional capital that they need before they can close on the de-SPAC transaction.

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

In the past several weeks, the Biden administration released its $6 trillion budget proposal and the Treasury Department released its “Green Book” containing the narrative description of the possible tax changes in support of the budget. Notably, there is no mention of increased wealth transfer taxes via reduction of exemptions and increased estate tax rates. Our Estate Planning and Probate team has insight on action you should take now and on the prospect for tax changes and effective dates.

In a ruling that may have a significant impact on certain “no injury” class action cases in federal court, the U.S. Supreme Court recently issued a 5-4 decision that dramatically limits the “standing” – which is a plaintiff’s right to bring suit in federal court – necessary to recover damages.

The state of Ohio will begin accepting applications on Tuesday, June 29 for four grant programs that target businesses that have suffered significant losses during the COVID-19 pandemic.  The small grant programs will provide a total of $155 million to businesses that opened in 2020, food and beverage establishments, entertainment venues, and lodging venues. 

If you talk with anyone in private equity, they will typically tell you they are looking for companies with high barriers to entry, EBITA margins above 10%, recurring revenue, and finally, no unions. Although companies with collective-bargaining agreements with unions can present challenges, they can also be good investments. 

McDonald Hopkins member David Drechsler joins host Mike Witzke to share fascinating stories from the front lines of his career as a litigator. The discussion focuses on trust and litigation cases that can help to inform the decision making of listeners who face similar dilemmas.

John C. Karras has joined McDonald Hopkins LLC as an associate in the Business Department of the firm’s Chicago office. 

By way of updated Emergency Rules released on June 22, 2021, the Michigan Occupational Safety and Health Administration (MIOSHA) has suspended its COVID-19 Emergency Rules covering workplaces. With the updated Emergency Rules, MIOSHA has also adopted the new federal COVID-19 Emergency Temporary Standard for healthcare employers. In light of these developments, it is a good time for Michigan employers to review where things stand. 

Florida statutes and regulations define the maximum permitted costs for copies of medical records, X-rays, and insurance information under various circumstances as defined in this article.

Jonathan E. Steinberg has joined McDonald Hopkins LLC as an associate in the Business Department of the firm’s Chicago office.  

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. 

A Texas federal court’s recent decision dismissing a challenge to an employer’s vaccine requirement may provide just the legal support some employers need to implement a vaccine mandate. 

The U.S. Department of Labor's Occupational Safety and Health Administration (“OSHA”) has announced it will issue an emergency temporary standard (ETS) to protect healthcare workers from contracting coronavirus.  

On May 31, the Illinois General Assembly passed a telehealth coverage and payment parity bill, which will, if signed into law by Gov. J.B. Pritzker, permanently expand access to and coverage for telehealth services. 

In light of a growing number of large scale ransomware incidents that have severely impacted large business operations in the United States, the White House has released a memorandum providing guidance for corporate executives and business leaders to take certain actions to protect against the threat of ransomware.

Since addressing just a few COVID vaccine-related issues in December 2020, the EEOC has been silent for months. With questions mounting, employers and business groups have clamored for answers from the EEOC on critical issues such as vaccine mandates, incentives, proof of status, and confidentiality. Now, with progress on vaccines well underway and many employers implementing return to office plans, the EEOC finally weighed in with updated guidance that directly addresses many of the questions that employers have faced navigating the sensitive issues surrounding vaccines and the workplace.

Adam J. Baginski has joined McDonald Hopkins as an Associate in the Business Department in the firm’s Detroit office.

The Restaurant Revitalization Fund, which is a $28.6 billion federal fund for struggling restaurants that was established as part of the $1.9 trillion American Rescue Plan passed on March 6, appears to be having an unintended effect on bankrupt restaurants trying to apply while their bankruptcy cases are pending.

McDonald Hopkins Associate Joelle Dvir was quoted in the May 19 MarineLog article "Cybercrime on the Seas" by Maura Keller.

Over the past few years, we have covered the ever-changing policies and court rulings regarding the joint employer and independent contractor standards, and the Department of Labor’s withdrawal of a recent rule regarding independent contractors is no exception. 

SPACs have been around since the 1990s, but they have recently gained significant popularity among investors and companies seeking to raise capital. In 2020, SPACs raised a then record $83.4 billion which marked a significant growth in SPACs over recent history. Somewhat surprisingly, SPACs have already surpassed that figure in 2021 with over half the year remaining. This rapid growth illustrates SPACs’ increasing popularity as an alternative to the traditional initial public offering (“IPO”) process.

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 eighth installment asks Dr. Andrew Hill for insight on how Wadsworth City Schools navigated the challenges of the last year and his perspective on the year ahead, in addition to his thoughts on what are they keys to strong communication.

McDonald Hopkins is pleased to announce the attorneys and practice areas that have been recognized by Chambers USA 2021.

In the wake of the CDC’s May 13, 2021 guidance that fully vaccinated people can gather indoors without wearing masks or physically distancing, unless otherwise required by law or applicable rules, the State of Michigan has modified its own mask wearing requirements. But, figuring out the state’s requirements - well, it’s complicated. 

Let’s try to sort out the current status of the mask wearing requirements in Michigan with a timeline.

There are a number of factors to consider in advance of starting up a family office for investment purposes, and it's best to plan ahead to create the most efficient business for your planned operations and one that remains flexible to grow with your wealth. We've put together 5 questions to consider when establishing how you will operate your family office.

With Michigan set to resume in-person work on May 24, it is imperative that employers remain vigilant in ensuring that their workplace is safe and compliant with the applicable MIOSHA rules.

As part of the American Rescue Plan, Congress approved a $28.6 billion Restaurant Revitalization Fund, which provides federal grants to eligible foodservice and drinking establishments like restaurants, bars, caterers, breweries, taprooms, and tasting rooms. The portal to apply for funds opened on Monday, May 3, 2021, and according to a White House fact sheet, in the first two days 186,200 restaurants, bars, and other eligible businesses across the country applied for RRF relief. 

Geoffrey D. Wills has joined McDonald Hopkins LLC as an Associate in the Estate Planning and Probate Practice Group in the firm’s Cleveland office.

The response to the COVID pandemic has compounded an already problematic labor shortage. In light of this labor shortage and with government unemployment benefits set to continue through September, employers may want to rethink how they address employee discipline and consider a behavior-based coaching approach.