News & Legal Updates Archive

As employers await OSHA’s emergency temporary standard on vaccines or weekly testing, many are also anticipating a slew of religious exemption requests in response to vaccine mandates.  The Equal Employment Opportunity Commission (EEOC) has clearly heard employers concerns and has now updated its COVID-19 technical assistance guidance to address the scope of the religious exemption under Title VII. 

Hannah Baker has joined McDonald Hopkins LLC as an associate in the firm’s Cleveland office. 

Neelraj “Raj” Arjune has joined McDonald Hopkins LLC as an associate in the firm’s Cleveland office.

In less than three months, the law regarding non-compete agreements will change – again. As addressed in our previous articles, numerous states have imposed regulations scrutinizing the level of restrictions placed upon employees in non-competition agreements in recent years.

In this article for Finishing and Coating magazine, McDonald Hopins' Hussein Jaward provides insight on obligations after a data security incident and the best ways to prevent or prepare for a cyber incident, as well as guidance on why taking as many preventative measures as possible will help your organization mitigate the effects of a cyber incident and recover quickly.

The second interim final rule implementing the No Surprises Act establishes procedures and timeframes for determining out-of-network payment rates, requires healthcare providers and facilities to inquire about an individual’s health coverage status and provide good faith cost estimates to uninsured and self-pay patients upon request, and establishes a patient-provider dispute resolution process for uninsured and self-pay patients.

The price of gas has more than doubled in the past year.  In the Northeast and Midwest, over a third of all electricity is generated from natural gas – consequently – we are starting to see electricity price shocks. 

In 2016, the Department of Justice Antitrust Division and the Federal Trade Commission announced in its Antitrust Guidance for Human Resources Professionals that it intended to proceed criminally to enforce non-solicitation agreements between business competitors. In U.S. v. Surgical Care Affiliates and Scai Holdings, LLC (N.D. Tex. 2021), the DOJ finally carried through on that threat this year. Specifically, the DOJ filed its first-ever criminal indictment in federal district court, alleging that Surgical Care Affiliates, LLC (“SCA”) entered into an agreement with a competitor (“Company 1”) not to solicit each other’s senior-level employees, and that this agreement constituted an unlawful conspiracy in violation of Section 1 of the Sherman Act.

This blog post is the second in a series co-authored with EPOCH Pi, a Certified B Corp investment bank that helps purpose-driven clients prosper by combining traditional investment banking services with cultural integration tools that identify values-aligned partners.

President Joe Biden’s September 9, 2021 COVID-19 Action Plan laid out a broad strategy to get more people vaccinated. A key piece of that strategy is the Executive Order for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (“order”) that requires employees of federal government contractors to be vaccinated, unless they fall within an approved exemption. Consistent with the president’s approach, the Safer Federal Workforce Task Force issued COVID19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (“guidance”) on September 24 that spell out the steps of complying with the Order.

McDonald Hopkins is proud to announce the election of attorneys Karina Conley, John Gambill, Joseph Muska and Jake Weinberg to the firm’s membership. 

Edward A. Reilly, Jr. has joined McDonald Hopkins LLC as Of Counsel in the Business Department, adding his expertise to the firm’s litigation finance and general corporate teams. Reilly will be affiliated with the firm’s Chicago office and continue to reside and operate remotely from New York.  

The U.S. Safer Federal Workforce Task Force recently released new guidance on compliance with President Joe Biden’s Executive Order 14042 “Ensuring Adequate Safety Protocols For Federal Contractors,” which mandates COVID-19 safety protocols that all federal prime contractors and subcontractors must follow. 

As ransomware incidents skyrocket across the country, the U.S. government continues its efforts to combat cybercrime through all avenues. Most recently, sanctions were levied against cryptocurrency exchange for facilitating illegal financial transactions to sanctioned entities.  The recent sanctions indicate that, more than ever, businesses must take steps to both mitigate risk and properly handle cyber security incidents through an experienced response team when they occur.

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 asks Michael Deemer, President and CEO of Downtown Cleveland Alliance, about his vision for the organization, the greatest opportunities over the next 12-months, and how the organization plans to address the constant discussion of "downtown vs. the neighborhoods."

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 asks Brian Zimmerman, CEO of Cleveland Metroparks, about XYZ

The Illinois First District Appellate Court recently found that, depending on the type of alleged violation at issue, a limitations period of either one or five years applies to claims under the Illinois Biometric Information Privacy Act (“BIPA”). Although that highly anticipated decision adds some clarity in this evolving area of law, it is hardly the last word on the subject and is likely to be appealed to the Illinois Supreme Court.

On September 9, President Joe Biden announced the COVID-19 Action Plan which included broad-ranging initiatives designed to provide a path out of the pandemic.  The president’s Plan included an element most employers had not expected:  Employers with 100 or more employees must mandate vaccines or require weekly COVID-19 testing of unvaccinated employees. 

After taking a minute to process that announcement, employers and their human resource professionals did what they have done for the past 18 months during the pandemic, they started planning. 

If you have a net worth in excess of $12 million or have been considering tax reduction planning, please call your estate planning attorney as soon as possible. The opportunity to take advantage of the estate and gift tax exemptions at current levels and the benefits of grantor trust planning may disappear soon.

With an increased emphasis on environmental, social, and governance (ESG) principles growing across all industries, driven by demands from internal and external stakeholders, as well as the desire to compete for top talent in a competitive market, companies are recognizing they must start making ESG initiatives a top priority. 

Facing the raging delta variant and waning vaccination levels, on Thursday, September 9, 2021, President Joe Biden announced a wide-ranging COVID-19 Action Plan termed the “Path out of the Pandemic,” designed to fight the continued spread of COVID-19. McDonald Hopkins Labor and Employment team has prepared an overview of the six prong action plan and also insight for employers on what to do now.

Minglei Wu has joined McDonald Hopkins LLC as an associate in the firm’s Chicago office, adding her extensive international insolvency experience to the firm’s Business Restructuring Department.

Illinois Governor J.B. Pritzker recently signed Senate Bill 0672 into law, officially amending the Illinois Freedom to Work Act. Starting on January 1, 2022, Illinois employers will have additional factors to consider if they plan to enter into non-competition and/or non-solicitation agreements with their employees.

Florida recently added a new requirement for genetic counselors to obtain a license in order to perform genetic counseling services in the state, known as the Genetic Counseling Workforce Act. Through this law Florida has become one of a number of states in recent years to enact similar genetic counseling requirements,

This past month, the Securities and Exchange Commission (SEC) approved new diversity rules to address widespread concerns about diversity and inclusion on JASDAQ's listed companies’ boards of directors.

As students across the country are returning to the classroom, the spike in the COVID Delta variant is reigniting the conversation about a need for paid sick leave for working parents who are forced to deal with school closures.

It is too soon to breathe a sigh of relief when it comes to tax increases attached to the budget reconciliation bill that has been introduced. Circumstances may change but not likely in the short term, and McDonald Hopkins Estate Planning & Probate team continues to monitor the situation. 

The tragedy at Champlain Towers in Surfside, Florida, has prompted concern for condo and building owners the country, many of who are now hiring consultants to inspect and prepare condo-building reviews to ensure the safety of their buildings. As evidenced by a recent complaint filed by an insurer in the Champlain Towers tragedy, those consultants and engineers hired to inspect and prepare those building reports need to scrutinize their and their client’s insurance policies to ensure they have the proper coverage.

Courtney Tito, a Member at McDonald Hopkins and Florida Bar Board Certified Specialist in Health Law, was profiled in Attorney at Law Magazine discussing her career and plans for the future. 

A handful of states have made changes to their breach notification laws during 2021, imposing stricter requirements either through expanding the definition of “personal information,” tightening notice deadlines, or calling for entities that experienced a breach to be named publicly on the Attorney General’s website.

McDonald Hopkins member Amanda Gordon was recently quoted by Spectrum News 1 discussing special improvement districts (SIDs) and the benefits to homeowners looking for financing for erosion control projects.

Brian R.E. Simmons has joined McDonald Hopkins LLC in Cleveland as an Associate in the Business Department, adding his experience to the firm’s Real Estate, Public Law, and Finance teams. 

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 Robert Sprague, Ohio Treasurer of State, to look back to survey his accomplishments to date and his image for his office’s future success.

In an effort to quell the recent spike in COVID-19 cases and hospitalizations, President Biden has announced a series of new measures that seek to bolster the United States’ health care and financial response to the virus. In addition to recommending vaccine booster shots, the new measures include new regulations requiring all employees of nursing homes to be fully vaccinated for COVID-19 if such nursing homes participates in Medicare and Medicaid programs. While the logic of requiring health care workers to engage with those most vulnerable to COVID-19 has a clear logic and appeal, the consequences of the new regulations could prove devastating for nursing homes.

Forty-three attorneys at McDonald Hopkins have been selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America. In addition, seven attorneys have been selected for the 2022 edition of Best Lawyers in America: Ones to Watch. 

The Protecting the Right to Organize Act is a top policy focus of the Biden administration, Democrats in Congress and union leaders. The International Franchise Association and other franchise associations have opposed passage of the PRO Act, which passed the U.S. House of Representatives on March 9, 2021, and is stalled in the Senate. They argue that the pro-union legislation includes provisions that could cause franchisees to be treated as employees. Unions, however, support the PRO Act as a way to energize their rolls of dues-paying members by making it much easier for unions to organize in the modern workplace and restrain the ability of employers to fend off organizing drives.

With the recent tragedy at Champlain Towers South in Surfside, Florida, many building owners are re-evaluating their maintenance procedures and the status of necessary repairs. As a result, they are reaching out to contractors and engineers throughout Florida to develop bid packages and solicit bids for necessary repairs. While these are lucrative projects for both contractors and engineers, it is important that contractors are aware of the risks associated with performing this kind of work.

Seven attorneys at McDonald Hopkins have been selected to the 2021 Michigan Super Lawyers list and one McDonald Hopkins attorney has been selected to the 2021 Michigan Rising Stars list.

Information on the three basic legal documents that every person 18 and older should have.

McDonald Hopkins member Miriam Rosen was featured in Alex Krutchik's August 11 Cleveland Jewish News article Can businesses mandate vaccines for employees?

Faced with the rapid spread of the Delta variant across the country, on July 27, 2021, the CDC once again modified its masking guidance and reopened the debate over workplace masking. Understanding the CDC’s guidance will help employers as they consider their options. 

This blog post is the first in a series co-authored with EPOCH Pi, a Certified B Corp investment bank that helps purpose-driven clients prosper by combining traditional investment banking services with cultural integration tools that identify values-aligned partners.

On July 20, new legislation was introduced that, if enacted, will amend the American Rescue Plan to provide additional appropriations for, and oversight of, the Restaurant Revitalization Fund. The ENTREE Act would provide $60 billion to the RFF paid for by rescinding money from unspent Economic Injury Disaster Loans (EIDL) and state and local funds within the American Rescue Plan.

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.