News & Legal Updates

McDonald Hopkins is proud to announce the addition of three talented attorneys to its national Mergers and Acquisitions Practice Group.

The FTC published a proposed policy statement addressing whether AI companies violate Section 5 of the FTC Act’s prohibition on deceptive acts or practices when the companies direct their systems’ outputs toward hidden ideological objectives instead of the outcomes the consumer actually requests or reasonably expects.

The report concludes that franchise systems may be growing, but many operators lack the management systems, financial literacy, leadership infrastructure, and employee-communication practices needed to sustain growth.

This new law establishes some of the most comprehensive state-level AI safety frameworks in the country, positioning Illinois as a national leader in AI oversight at a time when federal action on AI regulation remains absent. The bipartisan legislation takes effect on January 1, 2027.

McDonald Hopkins is proud to announce that 22 of our attorneys have been recognized in the 2026 Legal 500 US City Elite rankings across Chicago, Ohio and Detroit.

A recent court decision in the Serta litigation could reshape how lenders approach non-pro rata liability management transactions. The ruling increases potential liability for participating lenders and highlights the importance of carefully drafting and reviewing pro rata sharing provisions.

In this episode of Legal Diagnosis, Liz and Emily are joined by McDonald Hopkins mergers and acquisitions attorney Amy Willey. Together, they take a deeper look at how the Stark Law and the self-disclosure process come into play during healthcare transactions.

McDonald Hopkins is pleased to announce that two of its attorneys have been recognized on the 2026 Florida Super Lawyers list, while two additional attorneys have been named to the 2026 Florida Rising Stars list.

With an increase in scams, cyber professionals are encouraging all World Cup attendees to slow down before making any major purchases.

Peter Bernhardt, Office Managing Member of McDonald Hopkins' West Palm Beach office, has been recognized by Florida Trend as one of its Elite Managing Partners for the third consecutive year.

McDonald Hopkins welcomes attorney Allison Cronin to the Litigation Department and the Data Privacy and Cybersecurity Practice Group. Her practice focuses on incident response, pre-breach services, and regulatory defense.

On May 29, 2026, Governor Jeff Landry signed the Louisiana Data Privacy Act (LDPA) into law, joining Louisiana in the select group of states with a comprehensive data privacy law. Bill 386 creates a new chapter of Title 51 of the Louisiana Revised Statutes and will take effect on January 1, 2027.

McDonald Hopkins is pleased to announce that two attorneys and its Litigation Finance practice have once again been recognized for legal excellence in the 2026 edition of the Chambers Litigation Support guide. This recognition reaffirms our position as leaders in the field of litigation finance and highlights the firm's excellence in advising on high-stakes funding agreements, legal asset finance, and complex dispute transactions.

Cyber incident reporting is quickly becoming a critical component of cyber preparedness. During our recent webinar, Sound the Alarm: Data Breach Reporting for Critical Infrastructure, attorneys Heather Shumaker and Lucia Argento explored evolving federal reporting requirements, what organizations may be subject to them, and how businesses can prepare to meet reporting obligations while responding to an incident.

McDonald Hopkins' Shawn Riley featured in News 5 Cleveland newscast regarding the closure of fair-trade business.

McDonald Hopkins proudly congratulates Member Christal Contini on her selection to Leadership Cleveland’s Class of 2027.

McDonald Hopkins is proud to continue serving as legal counsel to Sylmar Group, an industry leader in the industrial water services sector, as it continues to transform the water industry.

Matt Cavanagh featured in Cleveland Jewish News article on combating fake business reviews 

McDonald Hopkins is proud to welcome attorney Michael Glennon to its Intellectual Property Department. Michael is a part of the firm’s Intellectual Property Litigation and Dispute Resolution Practice Group.

Historic buildings can be some of the most compelling - and challenging - development opportunities. They often come with high rehabilitation costs, design constraints, and unpredictable conditions. State Historic Tax Credits are a powerful tool that can help bridge those gaps while preserving the character that makes these projects special.

On June 4, 2026, Representatives Jay Obernolte (R-CA) and Lori Trahan (D-MA) released a discussion draft of the Great American Artificial Intelligence Act of 2026 (GAAIA). This bipartisan legislation would create the first comprehensive federal framework for governing AI in the United States.

A recent PTAB decision highlights the evolving landscape of patent eligibility for artificial intelligence inventions. The Board reversed a rejection of claims directed to AI-assisted code-editing technology, signaling a more favorable approach to certain AI innovations. The ruling also underscores the critical role a patent specification can play in demonstrating that an AI-related invention is eligible for patent protection.

McDonald Hopkins is pleased to announce that 23 attorneys and 10 practice areas have been recognized in the 2026 edition of the Chambers USA guide. The firm earned two new attorney rankings and three new practice area rankings this year, reflecting the continued growth of its nationally recognized practices and commitment to delivering exceptional client service.

This article examines how AI tools — both public and enterprise — may be silently circumventing your document retention policies, the risks of using public AI tools, including inadvertent public disclosure and unintentional IP infringement and best practices for updating policies, training inventors, and meeting your duty of candor to the USPTO.

On May 19, 2026, Marlyand Representative Neal Dunn, introduced the Enhancing Clinical Laboratory Innovation and Access Act, also referred to as the “Enhancing CLIA Act," stating that “[t]he Enhancing CLIA Act will strengthen innovation, increase transparency, and modernize regulation of laboratory developed testing services”.

As of May 2026, there are now three competing federal frameworks vying to answer what college athletics wil look like: the SCORE Act, the Trump Administration’s executive orders, and — just introduced — the bipartisan Protect College Sports Act of 2026 authored by Senators Ted Cruz (R-TX) and Maria Cantwell (D-WA). Understanding what each actually does, rather than what its proponents claim, is essential for any institution, athlete, brand, or advisor operating in this space

In McDonald Hopkins’ recent webinar, “Lifecycle of a Cyber Incident: Stages and Vendor Support,” Blair Dawson and Ryan Smith discussed today’s most common cyber incidents and the practical steps organizations should take when responding to a compromise.

Historic tax credits are powerful tools - but only when timing is treated as a core structuring issue, not a downstream compliance task.

McDonald Hopkins is proud to welcome attorney Walter Deering. Walter is an Associate in the Litigation Department and the national Data Privacy and Cybersecurity Practice Group. His practice focuses on incident response, regulatory defense, and privacy litigation.

Colorado’s new law more clearly defines parameters for AI developers and deployers and significantly scales back the obligations the 2024 CAIA was slated to impose this summer. The new law will help ease the tension between the legislature and AI companies, while also likely rendering the pending DOJ and xAI lawsuit moot.

With the July 1, 2026, effective date approaching, Tennessee employers should review their existing agreements, update their employment templates, and, before July 1, 2026, contact their McDonald Hopkins attorney to ensure compliance with Tennessee’s new restrictions on non-compete agreements.

In this episode of Legal Diagnosis, hosts Elizabeth Sullivan and Emily Johnson are joined by M&A attorney Christal Contini to discuss what was at the forefront of April's Executive War College in New Orleans.

Educational institutions affected by the Canvas incident may be required to notify their involved users, as well as respective State Attorneys’ Generals, and potentially consumer reporting agencies under certain U.S. state data breach notification statutes. Additionally, certain K-12 institutions may be required to comply with certain record requirements under the Family Educational Rights and Privacy Act (FERPA).

These bills are a joint effort by the House Financial Services Committee and the House Energy & Commerce Committee to provide consumers with more control over their personal data and to create a uniform national framework for privacy, which the United States has lacked thus far.

On May 8, 2026, California Attorney General Rob Bonta announced a $12.75 million settlement with General Motors regarding alleged violations of the California Consumer Privacy Act. The settlement, which is subject to court approval, is the largest CCPA penalty in California to date.

Colin Battersby, McDonald Hopkins' Data Privacy and Cybersecurity attorney, shared his insight and experience with media outlets in Detroit and Cleveland regarding the recent Canvas data breach.

As AI use accelerates, governance is lagging, leaving companies exposed to evolving regulations and the application of legacy laws to new technologies. Organizations need a practical AI governance framework that aligns use cases with risk, implements clear controls, and evolves alongside regulatory change.

McDonald Hopkins is pleased to welcome attorney Juliana Cipolla to its Litigation Department and Data Privacy and Cybersecurity Practice Group. Her practice focuses on incident response and regulatory defense.

In Fetch! Pet Care, Inc. v. Atomic Pawz Inc., the Sixth Circuit underscores how a franchisor’s lack of transparency in franchise sales and support can foreclose injunctive or other equitable relief—even where competitive harms by franchisees are evident.

McDonald Hopkins is proud to congratulate Dominic Paluzzi and Blair Dawson on their selection to Cybersecurity Docket's Incident Response Elite for 2026.

McDonald Hopkins is honored to be named as 'highly commended' in Intelligent Insurer’s Cyber Insurance Awards USA 2026 'Cyber Law Firm of the Year' category. The award highlight the exceptional work of our national Data Privacy and Cybersecurity practice in the cyber insurance market and our commitment to driving forward innovation.

When acquiring a business that operates under a franchise agreement, the franchise relationship introduces a third party — the franchisor — whose rights, approvals, and ongoing requirements can fundamentally shape the value and viability of the acquisition. This article examines five critical areas of franchise due diligence that every buyer should address before closing on the purchase of a franchisee.

McDonald Hopkins is proud to announce the addition of Gregory Watkins to the firm. Greg is a Member in the Business Department and the Mergers and Acquisitions Practice Group, where he advises clients on complex business transactions and day-to-day operations.

In this episode of Legal Diagnosis, hosts Elizabeth Sullivan and Emily Johnson discuss the hot topics they expect will be at the forefront of the 2026 Executive War College at the end of the month.

The Centers for Medicare & Medicaid Services  recently extended the application deadline for participating in the Advancing Chronic Care Model with Effective, Scalable Solutions (ACCESS) Model to May 15, 2026.The ACCESS Model will offer potential opportunities for healthcare providers and related organizations to complement their services and improve health outcomes by coordinating and managing care for patients with chronic conditions under outcome-based payment structures

McDonald Hopkins is proud to announce that Member Blair Dawson has been selected to serve on the ChannelPro Advisory Committee, a distinguished group of industry leaders helping to shape content and programming for the IT channel community.

McDonald Hopkins is proud to welcome attorney Emma M. Goff as an Associate in the Litigation Department and the national Data Privacy and Cybersecurity Practice Group. Emma’s practice focuses on data privacy litigation, from breaches large and small to alleged violations of privacy and consumer-protection statutes.

Our team is closely tracking CS/CS/SB 1404 and AHCA’s rulemaking and can work with providers to assess whether the new license will apply to them and map out realistic options in pursuing the license or reshaping services. If you provide any level of dementia‑related services or if your marketing includes “memory care,” language, preparing, and having a fact‑specific conversation now will put you in a much better position when the rules take effect.

McDonald Hopkins' Elizabeth Sullivan recognized as a Notable Leader in Healthcare by Crain's Cleveland.

The reinstatement of the 2020 Rule is welcome news for businesses that had opposed the broader 2023 standard. The 2020 Rule's requirement that an entity possess and exercise "substantial direct and immediate control" over the essential terms and conditions of employment sets a higher threshold for joint employer status than the 2023 Rule would have imposed.  

McDonald Hopkins is proud to welcome Caley Blackard as an Associate in the Litigation Department and the national Data Privacy and Cybersecurity Practice Group.

McDonald Hopkins congratulates Laura Wallerstein on her recognition by Franchise Times as a 2026 Legal Eagle.

The FBI’s Internet Crime Complaint Center (IC3) released its 2025 Annual Report and the figures are sobering. Overall, total reported losses from cyber enabled crime reached $20.877 billion in 2025 -- a 26% increase from the previous year. For organizations navigating their cyber risk posture, two threat categories deserve particular attention: business email compromise (BEC) and ransomware.

McDonald Hopkins is proud to welcome attorney Luca Giovine to its Litigation Department and Business Litigation Practice Group. Luca focuses his practice on all aspects of commercial litigation, with an emphasis on helping clients proactively manage risk and avoid costly disputes.

With limited buyers and constrained lending markets for standalone operating companies, owners are increasingly turning to the Employee Stock Ownership Plan, or ESOP, as the most practical vehicle for monetizing the OpCo — a strategy that also addresses one of the industry's most persistent challenges: employee retention.

Big Tech is coming for the Great Lakes — and your groundwater rights may be the only thing standing in the way.

In this episode of Legal Diagnosis, hosts Liz Sullivan and Emily Johnson discuss hot topics and new developments in the lab industry.

CMS rolled out its Comprehensive Regulations to Uncover Suspicious Healthcare (CRUSH) initiative, signaling the most aggressive, data‑driven fraud posture the agency has taken in a decade. CMS has asked how it should “crush” fraud in laboratory testing, explicitly calling out genetic and molecular diagnostics.

This article makes the business case for enforcement, details the costs of under-enforcement, and provides a practical, risk-based playbook and budget framework you can deploy now.

McDonald Hopkins is proud to announce that attorneys David Agay and Stephen Gross have been recognized as members of the 2026 Lawdragon 500 Leading Bankruptcy & Restructuring Lawyers. 

McDonald Hopkins’ Co-President Jim Stief recently joined fellow Cleveland law firm leaders as a panelist at the Crain's Cleveland Law Power Breakfast, hosted by Crain's Cleveland Business at The Union Club.

Data Privacy and Cybersecurity attorney Cheryl Saniuk-Heinig contributed to the IAPP's 'US State Data Breach Notification Chart.' 

McDonald Hopkins is proud to welcome attorney Brendan Carney to the firm. 

On March 23, 2026, Washington Governor Bob Ferguson signed House Bill 1155 (HB 1155) into law, effectively banning nearly all non-compete agreements for employees and independent contractors in Washington. The law takes effect June 30, 2027, making Washington one of a growing number of states that prohibit these restrictive covenants.

A recent report, Bridging the Broadband Health Gap: How High-Speed Internet Access is a ‘Super’ Social Determinant of Health,  shines light on the importance of high-speed internet access for health outcomes, access to care and quality of care, and suggests strategies to address related health disparities. 

Counties and cities are expected have a policy in place as of January 1, 2026. All other governing bodies, including school districts are expected to have policies in place by July 1, 2026.

Attorney Maria Carr has recently been featured in multiple articles published by Daily DAC, Business Bankruptcy, where she provided insight on key issues shaping today’s bankruptcy landscape.

In this installment of 'Tools in the toolbox,' Kirstyn Wildey Fritz delves into why pre-development loans can be crucial in funding commercial real estate loans.

McDonald Hopkins is pleased to welcome attorney David Seitaj as an Associate in the Business Department and as a part of the firm’s Real Estate Practice Group.

For the eighth consecutive year, McDonald Hopkins is proud to support College Now and its mission to help students from the Cleveland Metropolitan School District navigate the path to and through college.

In Episode 8 of McDonald Hopkins Legal Diagnosis, healthcare attorneys Elizabeth Sullivan and Emily Johnson discuss the Stark Law's self-referral disclosure process.

Many of the contracts currently being presented to young athletes and their families contain heavily one-sided provisions, locking athletes into unfavorable arrangements at a stage of their careers when they have little negotiating leverage and, often, no independent legal counsel in their corner. This article goes over some of the most concerning clauses we regularly encounter in these agreements.

Beginning March 20, 2026, Ohio covered employers must use E-Verify to confirm the identity and legal working status of each employee hired to perform work on a covered nonresidential construction project. 

Crain's Cleveland Business has recognized McDonald Hopkins' Maria Carr and Karina Conley as two of the 2026 Notable Women in Law.

Recently, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) announced two HIPAA settlements, one involving a substance use disorder (SUD) provider and the other involving a software company.  These settlements were OCR’s 11th and 12th  enforcement actions in its Risk Analysis Initiative.

While threats are an ever-present concern for organizations, world developments, like the recent attacks on Iran, are a reminder that those threats are real, always evolving and may be increased due to efforts to retaliate against the U.S. off the battlefield.

McDonald Hopkins is honored to be a finalist in Intelligent Insurer’s Cyber Insurance Awards USA 2026 'Cyber Law Firm of the Year' category. The awards highlight the exceptional work of our national Data Privacy and Cybersecurity practice in the cyber insurance market and our commitment to driving forward innovation.

Ambulatory surgery centers (ASCs) sit at the intersection of healthcare operations, real estate, and a fast‑changing regulatory landscape. For physicians and investors, that means every ASC project is really two deals running in parallel: the real estate transaction and the ASC business itself. Getting both right on a realistic timeline and with your own advocates at the table is critical to long‑term success.

Crain's Chicago Business has named McDonald Hopkins' Megan Juel to its 2026 list of Notable Women in Law.

Plan administrators should use the updated safe harbor Special Tax Notices immediately for all eligible rollover distributions going forward.

The Illinois General Assembly is considering legislation that would significantly expand the state’s healthcare transaction reporting requirements. The legislation could meaningfully impact physician groups, management services organizations (MSOs), hospitals, private equity sponsors, and other healthcare investors operating in Illinois.

This decision reinforces that every product discontinuation decision does not trigger franchise termination protections under the OMVDA and similar state statutes. The court drew a clear line between terminating a franchise relationship and exercising a contractual right to discontinue a product line.

McDonald Hopkins is proud to welcome Cheryl Saniuk-Heinig as an Associate attorney in the Litigation Department and the nationally recognized Data Privacy and Cybersecurity Practice Group. Her practice centers on incident response and cyber preparedness, and she brings a strong combination of privacy, cybersecurity, and litigation experience.

McDonald Hopkins is pleased to welcome attorney Vito A. Cali to its Business Department and its Mergers and Acquisitions Practice Group. Vito’s practice focuses on a wide range of corporate work and private equity transactions.

In this article, Kirstyn Wildey Fritz reviews what questions you need to ask to best evaluate the risks in a real estate transaction.

Crain's Detroit Business has recognized McDonald Hopkins' Miriam Rosen as one of the 2026 Notable Women in Law.

As the first full season under the new framework has played out, a more complicated picture has emerged. The real story is not just what athletes gained, but what they are being asked to give up in return—and whether the agreements schools are presenting them with contain provisions that could not survive legal scrutiny if challenged in court.

Part 2 is no longer a largely complaint-driven, criminal enforcement framework. It is now aligned with HIPAA-style civil enforcement, with OCR empowered to investigate, impose corrective action plans, enter into resolution agreements, and assess civil monetary penalties.

This latest enforcement action underscores the increased scrutiny faced by current 8(a) participants in ensuring ongoing compliance with economic and regulatory eligibility requirements. Government contractors, especially those nearing statutory thresholds, should assess their eligibility status, maintain robust documentation, and be prepared to act swiftly in response to SBA inquiries or notices.

Recent federal legislation enacted as part of the Consolidated Appropriations Act, 2026 provides temporary but meaningful relief from scheduled Medicare payment reductions under the Protecting Access to Medicare Act of 2014 (PAMA). 

Attorneys Marc Carmel and Christal Contini spoke with Law.com, Law360, and Crain’s Chicago Business about the growing momentum behind law firm capital investment and why now was the right time for McDonald Hopkins to step into this space.

McDonald Hopkins is thrilled to welcome attorney Jane Petoskey as an Associate in the firm’s Litigation Department and national Data Privacy and Cybersecurity Practice Group.

Healthcare providers and others who create, receive or maintain substance use disorder (SUD) patient identifying information should be aware of an upcoming compliance deadline on February 16, 2026, which will require many providers to update their Notice of Privacy Practices (NPP), among other things.

McDonald Hopkins is proud to announce that Members Teresa Metcalf Beasley, Todd Benni, David Cupar, Michael Latiff, and Micah Marcus have been named a 2026 Thomson Reuters "Stand-Out Lawyer."

The rapid growth in AI patent applications and the increasing sophistication of AI implementations across industries create both opportunities and risks for businesses. “Non-tech companies” or companies outside the traditional tech sector should seriously consider the potential value of their AI-related inventions as patents or trade secrets.

The EEOC recently eliminated enforcement guidance requiring employers to provide bathroom, dress, and pronoun accommodations to both applicants and workers. Here's what employers should know...

Attorney Franklin Malemud featured in Cleveland Jewish News

McDonald Hopkins is proud to welcome attorney Franchesca Alamo to the firm. Franchesca joins McDonald Hopkins as an associate in the firm’s Business Department and a member of the nationally recognized Executive Compensation and Governance Practice Group.

McDonald Hopkins' Scott Opincar was recently featured in Bloomberg Law's article on the nursing industry's bankruptcy and restructuring future

Two attorneys at McDonald Hopkins have been selected to the 2026 Illinois Super Lawyers list and two McDonald Hopkins attorneys have been selected to the 2026 Illinois Rising Stars list.

One of the most powerful tools in real estate finance - especially for redevelopment projects - is the federal Historic Tax Credit, an incentive that provides a tax credit equal to 20% of qualified rehabilitation costs for the redevelopment of historic buildings.

 McDonald Hopkins LLC is proud to announce the expansion of its Law Firm Capital Solutions Practice to include the emerging trend of private investment in law firms. By including equity-driven transactions in its practice, our Law Firm Capital Solutions Practice Group is one of the first of its kind, positioned for both debt and equity solutions for legal enterprises.

Anesthesiologists and surgeons are increasingly caught in high‑stakes perioperative situations where the law and the facts are not very clear, especially around informed consent, advance directives, powers of attorney, and Do-Not-Resuscitate (DNR) Orders. This article offers a practical framework, grounded in Virginia law, to separate those concepts into four “buckets” and give perioperative teams and clinical risk‑management professionals concrete tools for real‑time decision‑making.​​

McDonald Hopkins healthcare attorney Rachel Carey was recently featured in Surgery Business Magazine's Jan. 2026 issue providing considerations for valuation in healthcare transactions.

McDonald Hopkins is proud to announce that members Maria Carr, Michael J. Kaczka, and Amy Willey have been recognized as winners of The M&A Advisor's 20th Annual Turnaround Awards. They received recognition under the category 'Industrials Deal of the Year' for their work on the receivership sale of Reuther Mold & Manufacturing.

A recent court decision underscores the legal risks employers face when inquiring about or commenting on an employee’s retirement plans, especially when such remarks are made by decision-makers near the time of termination.

Data privacy regulation continued to accelerate in 2025, with both U.S. regulators and international authorities placing increased emphasis on enforcement and operational compliance. As we look ahead to 2026, businesses should anticipate continued regulatory scrutiny rather than a period of stability.

McDonald Hopkins is pleased to welcome Morgan Harris as a Member of the firm’s Business Department and Real Estate Practice Group. Morgan brings a strong background in commercial transactions and looks forward to continuing to grow her practice at McDonald Hopkins.

McDonald Hopkins attorney Frank Wardega's article "Timing exit process requires informed strategic planning" featured in a recent edition of Crain's Cleveland Business. 

As of the New Year, the Illinois Human Rights Act was amended to require employers to disclose the use of artificial intelligence (AI) for any employment-related decisions, including hiring, promotion, or discipline

Ohio employers, including franchisors, multi-unit franchisees, and single-location operators, now face new workforce reduction compliance requirements under Ohio’s mini-WARN statute.

Recently, Law360 highlighted the law firms honored by the International Legal Finance Association (ILFA) at its annual awards gala in London. At the event, McDonald Hopkins was recognized as an Exceptional Legal Service Provider for Litigation Funders.

Two McDonald Hopkins attorneys have made Maryland's 2026 Super Lawyers and Rising Stars list.

This nationwide law represents a landmark shift in digital regulation and youth protection. Whether it marks the beginning of a broader international trend or instead exposes the practical and ethical limits of age-based social media bans remains to be seen.

McDonald Hopkins is proud to announce the addition of attorney Robert Lotzar, an Associate in McDonald Hopkins’ Business Department and a part of the Real Estate Practice Group.

Nine attorneys at McDonald Hopkins have been selected to the 2026 Ohio Super Lawyers list and six McDonald Hopkins attorneys have been selected to the 2026 Ohio Rising Stars list.

McDonald Hopkins is proud to welcome attorney Elizabeth Carroll to its national Data Privacy and Cybersecurity practice. Elizabeth focuses her practice on incident response and is prepared to lead clients through stressful and uncertain moments with clarity and strategic guidance.

The long-running effort to secure federal antitrust protection for college sports hit another roadblock this week. In this legal limbo, a once-unthinkable concept is gaining traction: collective bargaining with college athletes.

McDonald Hopkins is proud to have served as legal counsel to Sylmar Group in its acquisition of ProChem Inc., a Virginia-based industrial and commercial water and wastewater treatment business.

As HoloMD has advanced its groundbreaking psychiatric agent and AI-powered remote therapeutic monitoring platform, healthcare attorney Rachel Carey has served as a trusted legal and strategic partner. Her work has supported the company through critical stages of development, enabling HoloMD to scale responsibly in one of the most highly regulated areas of digital health.

This case serves as a reminder that bankruptcy courts will closely scrutinize the nature and impact of defaults, the parties’ course of dealing and a debtor’s proposed cure and future performance when determining whether assumption of a franchise agreement is warranted. 

Crain's Cleveland has named McDonald Hopkins' attorney, Kirstyn Wildey Fritz, as a leader in sustainbility.

Legal publication Law 360 highlights a recent win for McDonald Hopkins client

The extension of CISA comes on the heels of the government shutdown, which prohibited earlier actions to mitigate the Act’s expiration. The Act created a formal framework for government agencies and private companies to share cyber-threat information with liability protections and designated the Department of Homeland Security (DHS) as the central coordinator for information sharing across federal agencies.

The Patent Trial and Appeal Board decisions following Ex parte Desjardins signal a meaningful recalibration of patent eligibility analysis at the USPTO that should materially influence drafting and prosecution strategy moving forward unless and until the Courts or Congress intervene.

In Episode 7 of McDonald Hopkins Legal Diagnosis, healthcare attorneys Elizabeth Sullivan, Emily Johnson, and Jane Pine Wood provide an overview of a dismissed kickback-related case involving a pathology group’s TC/PC billing dispute following CMS’s 2012 payment rule change.

Recently, McDonald Hopkins' attorney Ashley Crispin Ackal was featured on the podcast 'Crime Stories with Nancy Grace.'

McDonald Hopkins is pleased to announce that Stephanie White has joined the firm’s national Data Privacy and Cybersecurity Practice Group as an associate.

McDonald Hopkins is proud to announce that the firm has been named the Exceptional Legal Services Provider for Litigation Funders (U.S.) by the International Legal Finance Association (ILFA). This award honors law firms that deliver direct, strategic, and highly valuable support to litigation funders across deal creation, portfolio management, and other critical operational needs.

While some businesses participating in the hemp industry as it currently operates will be unlikely to survive the new legislation once it goes into effect, there are still some ways the new legislation could positively impact both hemp industry firms and consumers.

The IRS recently issued new cost-of-living adjustments affecting dollar limitations for pension plans and other retirement-related items for the 2026 Tax Year.

McDonald Hopkins welcomes Deana Alegi to the Litigation Department and as part of the firm’s national Data Privacy and Cybersecurity Practice Group.

DBusiness Journal names six McDonald Hopkins attorneys to its 2026 Top Lawyers list.

McDonald Hopkins LLC welcomes four new associates to the Cleveland Office.

McDonald Hopkins' attorney Teresa Metcalf Beasley recognized as Cleveland Magazine's 'Community Leader of the Year.'

A full recap of our 6-part data privacy and cybersecurity webinars, including topics of incident response, OCR investigations, data protection strategies, and third-party vendor breaches. 

The Cybersecurity Maturity Model Certification program is the Department of Defense’s unified cybersecurity compliance framework for its defense industrial base. On November 10, 2025, takes effect the DoD’s CMMC Final Rule published on September 10, 2025, amending the Defense Federal Acquisition Regulation Supplement to implement the CMMC program.

McDonald Hopkins has once again been recognized as one of the nation’s top law firms by Best Lawyers®. The 2026 edition of the United States Best Law Firms® rankings, released on November 6, 2025, highlights McDonald Hopkins in more than 24 different categories, with nine practices ranking nationally.

McDonald Hopkins welcomes two new associates to the Chicago office, litigation attorney Rachel Dudley and healthcare & real estate attorney, Taylor Semakula.

The Centers for Medicare & Medicaid Services is loosening the time requirements for billing remote physiologic monitoring and remote therapeutic monitoring, commencing January 1, 2026. 

On October 30, 2025, California Attorney General Rob Bonta announced a $530,000 settlement with Sling TV LLC and Dish Media Sales LLC (“Sling TV”) over allegations that Sling TV failed to provide an easy-to-use method for consumers to opt out of the sale of personal information and failing to provide sufficient privacy protections for children, as required by the California Consumer Privacy Act (“CCPA”) (Cal. Civ. Code § 1798.100 et seq.). It is the first enforcement action arising out of the “investigative sweep” targeting businesses with popular streaming apps and devices announced in January 2024.

USDOT issued an IFR updating certification standards for DBE/ACDBE programs, which includes definitions and procedures related to social and economic disadvantage and removes the presumption of disadvantaged based upon race or sex. These changes will affect eligibility determinations, certification renewals, recipient administration, goal counting and compliance planning for current and prospective DBEs/ACDBEs as well as prime contractors.

Understanding the scope and process of an OCR investigation is crucial for healthcare providers and their business associates. A proactive approach helps prevent incidents and shows regulators that the organization is serious about compliance.

Published October 24, 2025, USDOT’s official FAQs interprets the Interim Final Rule that took effect on Oct. 3, 2025, which had made monumental changes to the Disadvantaged Business Enterprise and Airport Concession DBE programs. The FAQs clarify key questions regarding interpretation of the IFR. 

On October 3, 2025, California Governor Gavin Newsom approved an amendment to modify the state’s data breach notification requirements, Section 1798.82 of the California Civil Code (Senate Bill No. 446), mandating individuals or businesses who own or license data that includes personal information of California residents to notify such residents within 30 days upon discovering a breach of their personal information. 

The healthcare related provisions in the recently-enacted One Big Beautiful Bill Act will substantially reduce Medicaid funding and, as a result, pose significant challenges for healthcare providers. The full scope of the changes are expertly summarized by our colleagues, Elizabeth Sullivan and Emily Johnson, in a Client Alert posted on August 21, 2025. This alert will highlight several key features of the bill and the challenges resulting from those features, and offer some responses. 

Newly re-elected McDonald Hopkins co-presidents detail their path to successfully managing the firm together in recent Law360 article.

Jordan Roth has joined the West Palm Beach office of McDonald Hopkins as an associate in the Litigation Department, adding her experience to the firm’s commercial litigation team.

McDonald Hopkins’ healthcare attorneys Rachel Carey and Rick Hindmand cover remote patient monitoring codes, compliance, revisions as well as the upcoming Medicare Physician Fee Schedule Final Rule.

Competition to claim a position in a rapidly developing field such as the U.S. dental mergers and acquisitions sector is increasing faster than ever before, ushering in what many analysts predict will be the busiest mergers-and-acquisitions cycle the profession has seen in more than two decades.

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

On October 8, 2025, California Governor Gavin Newsom signed AB 566, the California Opt Me Out Act; amending the California Consumer Privacy Act that requires browsers to offer functionality that automatically communicates a consumer’s privacy preferences to websites through an opt-out preference signal.

McDonald Hopkins is pleased to welcome Aimee Diehl to the firm’s national Data Privacy and Cybersecurity Practice Group.

Tricolor Auto Acceptance, LLC bankruptcy causes lenders to reassess risks in lending to buy here-pay here finance companies

The new rule announced by the USDOT regarding changes to all new and existing DBE/ACDBE certifications was published on Friday, October 3 – making the new rules effective immediately.

The U.S. Department of Transportation (DOT) has issued an Interim Final Rule (IFR) that will impact every Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) certified firm nationwide, as well as those currently seeking certification.

This article explains why and when to build a proforma, what it must include, how to deploy it in negotiations, and the legal considerations that govern its use.

McDonald Hopkins is proud to announce the election of five attorneys to the firm’s membership as of October 1, 2025. These five new Members are not only exceptional in their field of law but embody McDonald Hopkins’ entrepreneurial spirit and dedication to customized and proactive client service.

CLEVELAND (October 1, 2025) — McDonald Hopkins is proud to announce that James Giszczak and James Stief are beginning their second three-year term as co-presidents, continuing their leadership in positioning the firm as a premier destination for top legal talent and exceptional client service.

James Gelman has joined McDonald Hopkins LLC as Counsel in the Business Department.

Lessons from CSRA Columbus OH Fitness Master Lessee, L.L.C. v. Fitness & Sports Clubs, L.L.C., reinforcing the importance of clear language when drafting provisions on mitigation of damages.

McDonald Hopkins' Julie Toth, Sydney Bell, and Jim Stief played a key role in the negotiations that will bring the 2030 Special Olympic Games to Cleveland

Daniel Schoeni has joined McDonald Hopkins LLC as Counsel in the Governement Contracting and Procurement group.

A recent opinion out of the United States District Court for the Eastern District of Michigan, Fetch! Pet Care, Inc. v. Atomic Pawz Inc., 2025 WL 1921753 (E.D. Mich., July 11, 2025), is another good reminder about how the lack of transparency by a franchisor can lead to dire consequences for the parties and the brand.

McDonald Hopkins is pleased to welcome Benjamin Bejster to our Strategic Advisory and Restructuring Department. Ben brings insight on corporate restructuring, bankruptcy, and insolvency proceedings, as well as strategic advisory matters for clients across various industries.

A recent Third Circuit decision offers important guidance to franchisors and franchisees on non-renewal and constructive termination claims.

Earlier this month, the FBI issued an announcement detailing how scammers are creating fake websites that imitate the FBI’s Internet Crime Complaint Center

McDonald Hopkins is pleased to welcome Andrea Lim to the firm’s national Data Privacy and Cybersecurity Practice Group. She brings insight on the challenges businesses face in managing legal and compliance risks and experience working with clients on incident response and pre-breach services. 

McDonald Hopkins Brad Rinella is named one of the 2025 Crain's Cleveland Business' 20 in their Twenties.

Team McDonald Hopkins raised over $34,000 for the Susan G. Komen Foundation's mission to end breast cancer forever.

Today, one distinct change for promotion is the use of “influencers" on social media platforms. Delving into this specific form of marketing and advertising, whether by a franchisor or franchisee, could, given the incredible reach of social media, be a benefit, but it should be approached with eyes wide open, and with consideration of the potential negative impacts that could occur.

As federal and state attention continues to heighten focus on the development and use of emerging technology, specifically Artificial Intelligence, the Federal Trade Commission (FTC) continues to be one of the most active regulators.  While there are no signs of a Federal comprehensive Artificial Intelligence law, the FTC continues to rely on its existing authority under the FTC Act (15 U.S.C. § 46).     

McDonald Hopkins Healthcare attorneys provide insight for providers on how to reduce audit risk and federal scrutiny through safeguard practices.

On August 28, 2025, the Office of Inspector General of the Department of Health and Human Services posted Billing for Remote Patient Monitoring in Medicare, which confirmed the continued expansion of remote physiological monitoring and highlighted potentially suspect RPM billing practices that the OIG views as warranting scrutiny.

As parents and students scramble to purchase supplies, books and other items for the upcoming school season, scammers will use fake retail websites offering school supplies and fraudulent “expedited” FAFSA or scholarship services.

The SBA announced two virtual public forums to discuss its recently issued proposed rule regarding size standard updates for over 200 small business size standards.

Funders, trustees, and other stakeholders should take proactive steps to ensure that future agreements are enforceable and aligned with the interests of the estate and its creditors in light of the recent bankruptcy court decision in the Northern District of Texas, which voided a $2.3 million litigation funding agreement between liquidating trustee and litigation funder. 

As a firm, McDonald Hopkins has a long history of supporting initiatives and community organizations dedicated to education. As individuals, our attorneys demonstrate that support by serving on boards, volunteering, and even getting right into the classroom themselves. With August marking the start of a new school year, we’re spotlighting some of the many McDonald Hopkins attorneys who have spent time in the classroom as adjunct professors or faculty.

A new privacy rule in California, if enacted, may create new compliance obligations and risks for businesses subject to the CCPA that use artificial intelligence. 

Amid concerns raised by tech companies and business leaders, the Colorado legislature convened a special legislative session to revisit certain aspects of the Colorado AI Act, a comprehensive law on the development and deployment of artificial intelligence systems.

On March 7, 2025, the Office of the Under Secretary of Defense issued Class Deviation 2025-O0004, “Revocation of Executive Order on Sustainability.” This deviation implements EO 14148, which rescinded EO 14057 and its associated procurement mandates. The deviation brings significant changes to sustainability requirements in federal contracting.

McDonald Hopkins’ healthcare attorneys Liz Sullivan, Emily Johnson, and Jane Pine Wood have been following the case of Mark Schena since Schena’s 2021 conviction. In this episode of the Legal Diagonsis podcast, they examine the most recent court decision in the case (affirming Schena’s criminal conviction) and its implications for applying the anti-kickback statute and interpreting the law in sales representative arrangements.

McDonald Hopkins' is proud to announce Patrick Berry as one of Crain’s Cleveland Business 2025 Notable M&A Dealmakers.

Christopher Taylor has joined McDonald Hopkins LLC as an Associate in the national Data Privacy and Cybersecurity Practice Group.

On August 20, 2025, the Ohio Supreme Court issued its long-anticipated opinion in Huntington National Bank v. Schneider, 2025-Ohio-2920.

On June 20, 2025, Texas Governor Greg Abbott signed into law S.B. 1188, regulating how electronic health records are managed, stored, and accessed. Effective dates for different requirements begin as early as September 2025 and January 2026, giving covered entities and their vendors a relatively short window to come into compliance. Businesses and institutions ranging from hospitals and clinics to insurers and school districts will need to assess their EHR practices and vendor relationships to avoid ongoing legal and operational risks.

U.S. District Judge John Preston Bailey issued ruling in the ongoing legal battles over NCAA eligibility. Granting a preliminary injunction, Judge Bailey allowed four West Virginia University football players to compete this season despite the NCAA’s claim that they had exhausted their eligibility under the Five-Year Rule due to time spent at junior colleges.

The One Big Beautiful Bill Act, as fully implemented, will bring financial challenges for healthcare providers, particularly hospitals. McDonald Hopkins’ national healthcare team has prepared a summary of the key reductions and program changes, along with insights on how providers can prepare.

Fifty-nine McDonald Hopkins attorneys recognized in the 2026 editions of The Best Lawyers in America and Best Lawyers: Ones to Watch in America.

The Centers for Medicare & Medicaid Services (CMS) is accepting comments regarding the Medicare Physician Fee Schedule (MPFS) 2026 proposed rule until September 12, 2025. 

The U.S. Department of Health and Human Services’ Office for Civil Rights continues to focus on the importance of conducting thorough risk analyses to identify and mitigate security vulnerabilities related to electronic protected health information, highlighting recent enforcement actions and providing recommendations for organizations to enhance their cybersecurity and compliance efforts.

Eight attorneys at McDonald Hopkins have been selected to the 2025 Michigan Super Lawyers list, and five McDonald Hopkins attorneys have been selected to the 2025 Michigan Rising Stars list.

When President Donald Trump signed what is commonly referred to as the One Big Beautiful Bill Act (the Tax Act) into law on July 4, 2025, it ushered in a number of tax changes. McDonald Hopkins’ tax attorneys are analyzing the language of the legislation and are preparing detailed guidance on how these changes may affect our clients and what actions may be required.

McDonald Hopkins is proud to announce the addition of attorney Lisa Lauer as a Member in the firm’s Business Department and a part of the highly acclaimed Executive Compensation and Corporate Governance Practice Group.

McDonald Hopkins is proud to announce the addition of attorney Emily Honet as an Associate in the Litigation Department and a part of the firm’s Business Litigation Practice Group.

Episode 4 of Legal Diagnosis dives into what kind of impact the One Big Beautiful Bill Act will have on the healthcare industry, specifically, how Medicaid limitations, reductions and cuts will have practical implications on healthcare providers and those seeking care.

Legal professionals are discovering that artificial intelligence is more than just a tech buzzword—it’s becoming a practical tool for saving time, improving accuracy, and delivering better results for clients.

McDonald Hopkins is proud to announce that Crain's Detroit has recognized attorneys Vanessa Bailey and Kevin Washburn as 2025 Notable M&A Dealmakers.

A round-up of the 9-part series "the Wild West of name, image, and likeness," which offers insight on navigating NIL laws within college athletics.

On July 29, 2025, the SBA announced a full audit of the 8(a) Program and reminded contracting officers of their duty to report fraud, signaling increased oversight and enforcement following a DOJ investigation.

This article provides a comprehensive overview of the primary contracting models for anesthesia services, including fee-for-service, fixed stipends, collections guarantee, cost-plus, and hybrid arrangements. In addition, the article addresses the legal and regulatory requirements that underpin all anesthesia contracts, including federal and state fraud and abuse laws and fair market value considerations.

McDonald Hopkins is pleased to announce that Reine Hamdar has joined the firm as an Associate in the Litigation Department and a part of the Business Litigation Practice Group.

If adopted by NASAA, the Model Act will serve as a template for states to impose a comprehensive registration and regulatory regime on franchise brokers and their individual representatives.

Enforcing AI governance transforms policies into actionable practices that protect individuals, support ethical innovation, and ensure confidence in AI technologies.

The Park Avenue tragedy illustrates that workplace violence can strike any industry at any time, regardless of planning. While state and federal laws provide a framework, they are often reactive, not predictive. Employers who go beyond legal minimums, by assessing threats, engaging stakeholders, and training employees, can reduce risk and demonstrate a commitment to workplace safety.

McDonald Hopkins is pleased to welcome Annslee Perego to the firm’s national Data Privacy and Cybersecurity Practice Group. She brings a dynamic background in incident response and focuses her practice on guiding her clients through every stage of a cyber event.

The Memorandum reflects the DOJ commitment to enforcing federal civil rights laws through ”vigorous enforcement of the False Claims Act."  This initiative specifically targets recipients of federal funds, including universities, contractors, and other entities that knowingly violate civil rights laws while certifying compliance to the government.  

The bill aims to address ongoing uncertainty surrounding the development and use of AI, recent legal challenges attempting to apply existing laws to emerging technologies, and growing concerns from rights holders.

If approved, the proposed consent order would allow the DOT DBE program to continue, but only for DBEs that have not qualified through race- or sex-based presumptions, and would provide a framework for states and airport authorities to implement DBE goals in a manner consistent with constitutional requirements.