News & Legal Updates

An overview of AI platforms and data privacy concerns as AI becomes more prevalent and ingrained in our society.

It is likely that remote pathologists now need to return to work in an established physical location.

The National Black Lawyers organization has selected Sean Bowen to its 40 Under 40 list for the state of Michigan, recognizing the McDonald Hopkins attorney for his exemplary legal representation in the areas of data privacy and cybersecurity. 

Pennsylvania's amended breach notification law went in effect May 2, 2023, expanding the definition of “personal information.” 

The Ohio Supreme Court has recently weighed in on determining whether workers are employees or independent contractors.

Montana’s state legislature unanimously passed a comprehensive data privacy bill, the Consumer Data Privacy Act, which closely mirrors the Connecticut Data Privacy Act.  

Indiana has joined the increasing number of states enacting more comprehensive data privacy laws, with Senate Bill 5 (SB 5)’s “Article 15. Consumer Data Protection” poised to take effect on January 1, 2026.

An April 2023 report on the Federal Trade Commission’s oversight of franchising by the Government Accountability Office (GAO) has concluded that franchise owners could use additional education and outreach by the FTC to assist with franchising issues.

Tennessee lawmakers unanimously approved the Tennessee Information Protection Act (TIPA), joining four other states in 2023 passing broader consumer data privacy protection legislation. 

Iowa has joined an increasing number of states in adopting a comprehensive data privacy law that goes into effect January 1, 2025.

The Restaurant Revitalization Tax Credit Act (Act) was introduced to amend the Internal Revenue Code to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. 

Great programs and content at the EWC as always! The EWC delivers valuable information for everyone in the lab industry

McDonald Hopkins is proud to congratulate member and Data Privacy and Cybersecurity Co-Chair Dominic Paluzzi on his selection to Cybersecurity Docket's Incident Response 50 for 2023.

President Joe Biden recently signed a bill into law that brought about an immediate end to the COVID-19 National Emergency – almost a month ahead of schedule. Now, healthcare organizations are left wondering what, if any, impact this action will have on the planned May 11 end date for the Public Health Emergency and the pandemic-era policies, waivers, and flexibilities that came along with it.  

Meghan Miller has joined McDonald Hopkins LLC as an Associate in the firm’s Litigation Department.

After nearly six months and the receipt of approximately 54 public comments, on April 10, 2023, the U.S. Small Business Administration published a Final Rule eliminating its Franchise Directory. 

Ohio has once again revised its notary public laws. Effective April 6, 2023, House Bill 567 amends the state’s existing Notary Public Modernization Act.

McDonald Hopkins is proud to announce the firm has been recognized as an unparalleled leader in client service and named to the BTI Client Service A-Team 2023: Top 100. 

Florida House Bill No. 837, executed by Gov. DeSantis on March 24, 2023, changes the statute of limitations on negligence claims in the state of Florida. Construction practitioners should be aware of this change, as it may affect general negligence actions that accrue after the effective date of the bill.

The FTC is seeking a Request for Information (RFI) regarding the means by which franchisors exert control over franchisees and their workers. Specifically, the FTC is interested in how franchisors disclose certain aspects and contractual provisions of the franchise relationship.

During the pandemic, many landlords found themselves without a regular stream of rental income. That, compounded by retailers and franchisees ultimately ceasing business, culminated in landlords unable to find replacement tenants. Learn about general concerns for landlords upon a tenant’s bankruptcy filing.

With the recent failure of Silicon Valley Bank and the collapse of Signature Bank shortly after, many depositors are understandably concerned about the safety of holding their money in banks. There are, however, ways to maximize FDIC protections on amounts over and under $250,000 held in a bank.

Micah Marcus, a Member of McDonald Hopkins' Litigation Department in Chicago, has been named a 2023 Thomson Reuters "Stand-Out Lawyer."

The IRL drama between Tiger Woods and his former girlfriend, Erica Herman,  provides an opportunity to take a closer look at the Speak Out Act and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFA).   

With the anticipated publication of the Defense Department’s Cybersecurity Maturity Model Certification program 2.0 (CMMC 2.0) later this month, it is important for all government contractors to start planning and developing the appropriate compliance mechanisms. Inadequate cybersecurity can lead to hefty fines and penalties, as demonstrated by the recent $9 million payment by Aerojet Rocketdyne. As a safety measure against these fines and penalties, prime contractors are regularly including 72- to 24-hour notification requirements and flowdown clauses.

Nominations are now open for the 10th annual Cyber Risk Awards hosted by Zywave (Advisen). 

Over the last 15 years, section 403(b) tax-sheltered annuities, commonly known as 403(b) plans, have been becoming more like their qualified plan cousin, the 401(k) plan. Despite this trend towards uniformity, legal, investment, and administrative differences have persisted. The SECURE 2.0 Act of 2022 (SECURE 2.0) includes a number of provisions that eliminate some of these remaining differences. This post will provide a brief overview and comments on some of the notable SECURE 2.0 provisions relating to 403(b) plans.

Bryan Kostura has joined McDonald Hopkins LLC as a Member in the firm’s Litigation Department.

In a recent decision, the National Labor Relations Board upended the standard severance agreement process by finding that the type of broad non-disparagement and confidentiality provisions often found in severance agreements violate the rights of many employees to engage in protected concerted activity.

In a case that could provide a tax break to homeowners who rent a room in their residence to a roommate, the Michigan Court of Appeals held that a homeowner that rents a room in their personal residence to a roommate, does not lose the principal residence exemption available to reduce real estate taxes.

The U.S. Equal Employment Opportunity Commission (EEOC) recently filed a federal lawsuit in the Northern District of Ohio alleging that a Cleveland-based nonprofit violated the Americans with Disabilities Act (ADA) after requiring employees to return to in-person work following an extended period of COVID-19-related remote work.

Section 110 of the SECURE 2.0 Act of 2022 (SECURE 2.0) wrote into law a new design concept – matching contributions to a 401(k) plan based on a participant’s student loan payments, that is, treating student loan payments as if they were elective deferrals. There is sure to be IRS guidance on Section 110; however, in the interim the McDonald Hopkins Tax and Benefits team has prepared insight on the practicalities of this feature of SECURE 2.0.

Earlier this month, bipartisan groups of lawmakers introduced bills in both the Senate and the House of Representatives dubbed the Workforce Mobility Act of 2023. Despite failing in the past, the Workforce Mobility Act of 2023 is now poised to gain traction given the slow, but persistent national trend towards tighter restrictions on non-compete agreements. 

With two new state data privacy laws already in effect in 2023 and three more on the horizon, the year brings with it a number of new requirements and internal and external obligations for businesses that process data for residents of Virginia, California, Colorado, Connecticut and Utah.

A recent opinion out of the Bankruptcy Court for the Northern District of Ohio highlights the intersection of a number of things that may come to head when a franchise transfer among parties who are friends or acquaintances goes wrong. (In re Conte, Case No. 21-13189, 2022 WL 17968888 (Bankr. N.D. Ohio Dec. 27, 2022)).

The Department of Veterans Affairs (VA) has reconstructed and published their final rule concerning small and large contractors and all sub-contractors requiring new cybersecurity obligations. These new requirements and obligations significantly increase the measures and safeguards contractors need to apply to their internal and external electronic storage and communication systems to ensure all sensitive data is protected. Adherence to this new rule is mandatory and essential in protecting both your own business and the federal government. In some cases, the VA may be entitled to conduct unscheduled on-site inspections of all technical systems and storage of government data.

The Illinois Supreme Court ruled on Thursday, February 2, that individuals have five years to pursue all claims under the Biometric Information Privacy Act (BIPA), reversing a lower court decision that had imposed a one-year limit on claims involving publication or disclosure of biometric data.

How do I perform an effective workplace investigation? To ensure that your company is protected following allegations of wrongdoing in the workplace, here are 8 steps that should be taken as soon as you receive a verbal or written complaint.

Since last summer, the uncertain status of the Michigan Paid Medical Leave Act and the state’s minimum wage rate has left many Michigan employers on pins and needles. Their concerns stemmed from a July 2022 Michigan Court of Claims decision finding that the legislative process used to adopt provisions on paid sick leave and the minimum wage rate was unconstitutional. Employers can now breathe a major sigh of relief with the Michigan Court of Appeals ruling on January 26, 2023, that the process is constitutional and the paid sick leave and minimum wage laws can remain in effect “as is.”

CHICAGO – Four attorneys at McDonald Hopkins have been selected to the 2023 Illinois Super Lawyers list and two McDonald Hopkins attorneys have been selected to the 2023 Illinois Rising Stars list.

On January 19, 2023, the U.S. Chamber of Commerce (Chamber) released its analysis of the current state of the workforce in the United States. While it appears that the country is welcoming a healthy number of individuals into the workforce, the Chamber’s data proves out that the numbers are still lagging behind pre-pandemic numbers. This is not necessarily industry-specific, and one industry that continues to be impacted significantly is food service. Simply stated, without a stable workforce to rely upon, the food service industry, particularly in the fast food and fast casual sector, is experiencing a seismic change, with several suffering through distress at a level not felt previously. A recent example is TOMS King (Ohio), LLC (TOMS), a Burger King® franchisee.

DETROIT — Michael Eades has joined McDonald Hopkins LLC as an associate in the Litigation Department, adding his experience to the firm’s national Data Privacy and Cybersecurity Practice Group. 

On December 1, 2022, the Health and Human Services Office for Civil Rights (OCR) issued a Bulletin on the requirements imposed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for online tracking technology regarding protecting the privacy and security of health information. This Bulletin explains how HIPAA rules apply to regulated entities' use of online tracking technologies on their webpages and mobile apps, and comes in wake of several lawsuits related to the unauthorized disclosure of PHI to online tracking technology vendors.

CLEVELAND — Jessi Ziska has joined McDonald Hopkins LLC, a business advisory and advocacy law firm, where she is an associate in the Litigation Department’s Labor and Employment Practice Group. 

CLEVELAND - Charles (Drew) Hayes has joined McDonald Hopkins LLC as Of Counsel in the firm’s Intellectual Property Department. 

On December 29, 2022, President Joe Biden signed the Consolidated Appropriations Act of 2023 into law. At over 4,000 pages, the Act included the SECURE 2.0 Act of 2022 (SECURE 2.0), a sprawling collection of 92 retirement plan-related provisions that build on the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE ‘19). There are changes intended to encourage plan-sponsorship and provide additional opportunities to save, changes that (in practical terms) will increase and others that will (hopefully) reduce administrative burdens, and changes that raise revenue. Some changes are effective immediately, some in the next few years, and others that will not take effect for many years (if ever).

CHICAGO — Experienced real estate and finance attorney James Inendino has joined McDonald Hopkins LLC as a Member in the Business Department in Chicago.

In the flurry of the holidays, employers may have missed two employment provisions addressing pregnancy accommodations and lactation time tucked in the federal Omnibus spending bill signed on December 23, 2022. Now, as employers focus on 2023 compliance obligations, it’s time to dig into these laws and what they mean.

On January 5, 2023, the FTC proposed the Non-Compete Clause Rule which, if made final, would categorically ban non-compete clauses in employment contracts. The proposed rule would take effect 180 days after (and if) the FTC publishes a final rule and would supersede all state laws that are less restrictive.

After a long and challenging year of hybrid adjustments, recruiting struggles, and the “quiet quitting” phenomena, business owners, legal counsel, and HR professionals could use a reset in 2023 to help their workplaces look good and find balance. Here are suggestions for challenging, but attainable, 2023 human resources resolutions.

Ten attorneys at McDonald Hopkins have been selected to the 2023 Ohio Super Lawyers list and three McDonald Hopkins attorneys have been selected to the 2023 Ohio Rising Stars list.

The Central Kitchen Food Hub (Central Kitchen) located in Cleveland’s Midtown Corridor, is opening doors for craft food start-ups, food business support, and retail distribution for growing and mature food businesses.

As part of the proposed amendments published October 2022, the SBA  is proposing to implement a major change in affiliation criteria for franchises and distributorships/licensees by eliminating current principles for determining affiliation arising from management and control, franchise or license agreements, and identity of interest. Instead, the SBA proposes to streamline affiliation determinations based only on ownership criteria. This development will lead to the Franchise Directory being eliminated. 

Tucked deep in the 2023 federal Omnibus spending bill, passed on December 23, 2022 and signed by President Joe Biden the same day, were two surprise employment provisions that increase protections for pregnant and nursing employees. Both provisions had support across party lines as well as from a broad coalition of business and civil rights advocacy groups. 

Aubrey Brands 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.

The recently amended Delaware General Corporation Law now permits corporations to exculpate officers from personal liability from monetary damages. Previously, Delaware law only provided for director exculpation. The recent amendments permit important liability protections that corporate officers should be aware of.

McDonald Hopkins member Spencer Pollock has been selected to the 2023 Maryland Rising Stars list. No more than 2.5 percent of lawyers in the state are selected by Super Lawyers to receive this honor.

With the clock ticking down on the current session of Congress, legislators in the House and Senate found a way to work together on several issues impacting the workplace which have now been signed into law by President Joe Biden. 

Cybersecurity threats are ever more prevalent in today’s world, and even more so during the holiday season. It is critically important individuals and businesses take steps to protect their personal information and other data during the holidays. In this blog we discuss three common cyber threats that may affect you or your business during the holiday season.

Trinh Vo has joined McDonald Hopkins as an Associate in the Intellectual Property Department. She brings to the firm extensive intellectual property experience, with a practice that focuses on patent, trademark and IP litigation.

On December 3, 2022, the United States Patent and Trademark Office will shorten the now six-month response due date for any trademark office action (final or non-final) to just three months. The USPTO will, however, allow an extension of an additional three-months with payment of a $125 fee to file the applicable response.

Last month, President Joe Biden signed an executive order that sets forth the steps that the United States will take to implement the U.S. commitments under the European Union-U.S. Data Privacy Framework (EU-U.S. DPF).

Liz Sullivan, the Chair of McDonald Hopkins' national Healthcare Practice Group, and Emily Johnson, a Member of the firm who focuses on matters in the healthcare industry, spoke about the  Anti-Kickback Statute (AKS), Eliminating Kickbacks in Recovery Act (EKRA), as well as relevant healthcare cases, during a video lecture for the University of Utah ARUP Laboratories. 

The Centers for Medicare & Medicaid Services (CMS) on November 1, 2022, issued the Medicare Physician Fee Schedule (MPFS) 2023 Final Rule (the “2023 Final Rule”), which sets forth updates, policy revisions and guidance relating to services under the MPFS. This includes updates and summaries regarding relaxed standards and related flexibilities that have facilitated the expanded use of telehealth and other digital health services during the Public Health Emergency (the PHE). 

Demetri Sintsirmas has joined McDonald Hopkins as an Associate in the Litigation Department, adding his experience to the firm’s commercial litigation team. He brings a diverse set legal experience to the firm, with a practice that focuses on providing guidance to both large and small corporate clients throughout the litigation and appeals process.

Christal Contini, a Member at McDonald Hopkins, Chair of the firm’s Mergers and Acquisitions practice, and the Vice Chair of the Business Law Department, recently spoke at the Behavioral Health Business INVEST Conference. Christal’s panel presentation was summarized and statements from her presentation were also included in the Behavioral Health Business article.

McDonald Hopkins Cleveland Managing Member David Kall's article "State tax incentives bring in big manufacturers — can your business benefit?" was featured in a recent edition of Crain's Cleveland Business.  

This edition of our employment law lessons for employers focuses on the recent employment related drama at Twitter. Here we break down the reported employment actions at Twitter and look at the practical lessons that employers can learn to implement drama-free reductions-in-force. 

Christal Contini, a Member at McDonald Hopkins, Chair of the firm’s Mergers and Acquisitions practice, and the Vice Chair of the Business Law Department, and Marc Carmel, Managing Member of the Chicago office and a Member of the firm's Strategic Advisory and Restructuring Department, wrote an article for Crain's Chicago Business on how investors should consider the opportunities and risks of buying a distressed business. 

With recent changes to the Confidentiality of Medical Information Act, organizations, covered entities, and health care providers should ensure that those who fall under both HIPAA and the CMIA are trained and knowledgeable about the specific and changing requirements to ensure not only privacy compliance but also the patient’s privacy.  

McDonald Hopkins LLC has been recognized among the nation’s “Best Law Firms” in U.S. News & World Report and Best Lawyers’ 2023 rankings. The firm is highlighted in 44 categories, including 17 rated as Metropolitan Tier 1 practice areas. McDonald Hopkins is also ranked nationally in six categories. 

Laura Sims has joined McDonald Hopkins LLC as an Associate in the Business Department and growing national Mergers and Acquisitions team.

McDonald Hopkins LLC is proud to announce the addition of Francis (Frank) Massaro to the Firm’s Baltimore/Annapolis office. Massaro joins McDonald Hopkins as an Associate, adding his expertise to the Business Department and growing national Mergers and Acquisitions team.    

The IRS released IRS Notice 2022-55, providing for the new cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the 2023 Tax Year. 

As cybersecurity threats continue to grow and become part of everyday life for individuals and businesses, it is critical that they be addressed as an operational risk. Like other operational risks, cybersecurity threats can impact your ability to operate, access information, reputation, customer trust, bottom line, and overall survival. The best defense against these threats is to create a culture of awareness and vigilance.

Maria Carr has rejoined the Cleveland office of McDonald Hopkins LLC as an Associate in the Strategic Advisory and Restructuring Department. 

Christa Kumming 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. 

An ESOP remains paradoxical – a tax-qualified ERISA-covered retirement plan that is intended and allowed to invest directly in the employer’s securities in order to promote employee ownership. An ESOP’s ability to invest in the employer’s securities creates opportunities for shareholders to realize liquidity in a tax-advantaged manner.

Jory Berg has joined the Chicago office of McDonald Hopkins LLC as an Associate in the Strategic Advisory and Restructuring Department.

Julie Toth has joined the Cleveland office of McDonald Hopkins LLC as Counsel in the Business Department, where she will add her experience to the firm’s Executive Compensation and Governance team.

John Polinko has rejoined the Cleveland office of McDonald Hopkins LLC as Counsel in the Business Department, where he will add his experience to the firm’s Commercial Finance and Real Estate teams. Polinko previously worked in the Strategic Advisory and Restructuring Department at McDonald Hopkins.

Brian DeYoung has joined the Chicago office of McDonald Hopkins LLC as an Associate in the Litigation Department and part of the firm’s Commercial Litigation Team.

Like your home and car, you should not leave you digital systems and data vulnerable to an attack. Your data and computer system should be “locked” and handled with the same care as your other belongings. Any device that stores information or is connected to the internet can be a way for cyber criminals to gain access to your information and personal data

An Ohio law recently went into effect that defines the parameters for what constitutes an at-home work-related injury.

McDonald Hopkins LLC today announced executive leadership team appointments that will support the Firm’s growth and strengthen its position as a destination firm for both talented attorneys and distinguished clients.

McDonald Hopkins is proud to announce the election of attorneys Christopher Allen, Craig Distel, David Schelberg, and Amy Willey to the firm’s membership.

McDonald Hopkins has women attorneys and professionals in every office, department, practice group and level of leadership. This Spotlight Series shines a light on those attorneys and professionals, giving everyone at the Firm the opportunity to learn more about them and their practice.

October is Cybersecurity Awareness Month. In conjunction with the Cybersecurity and Infrastructure Security Agency’s annual awareness campaign, throughout the month McDonald Hopkins will be sharing information to educate you on how to take control of your digital safety and secure your individual and business information.  

Ransomware attacks rose 13 percent this year alone — here's what businesses need to know to protect themselves.

This article originally appeared in Crain’s Detroit Business on September 26, 2022.

From English monarchs to administrative agency rules, nothing lasts forever. On September 6, 2022, the United States National Labor Relations Board (NLRB) issued a new proposed rule to revise – once again – its standard for determining joint-employer status under the National Labor Relations Act. This proposed version is not as friendly to franchisors.

Federal contractors that have existing firm-fixed-price contracts that have suffered due to price escalations received fantastic news this week, when the Department of Defense Office of the Under Secretary of Defense issued a game-changing memorandum addressing inflation.

If your company has not begun to use company logos or trademarks within QR codes, you should think twice about doing so due to the risk of being sued for patent infringement in federal court.

Madaleine Gray 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. 

McDonald Hopkins would like to congratulate our client Endless River Technologies LLC, a Northeast Ohio insurance technology startup, which received an $18.3 million jury verdict against the global information and insights company TransUnion LLC for refusing to return Endless River’s intellectual property following TransUnion’s termination of their partnership agreement in 2018.

McDonald Hopkins LLC is proud to announce the addition of two experienced mergers and acquisitions attorneys to the Firm’s Baltimore/Annapolis office. Kathryn L. Hickey and David T. Shafer have both joined McDonald Hopkins as Members, adding their expertise to a growing national M&A team and serving as the latest addition to the firm’s increased presence on the East Coast. 

The McDonald Hopkins Public Law Practice Group presents "5 Questions with" Rick Frio, President of IMC Solar

Federal contractors that filed a Type 2 Consolidated Employer Information Report, Standard Form 100 (EEO-1 Report) between 2016-2020 have until Monday, September 19, 2022, to file an objection to the disclosure of their report, which will otherwise be made public as part of a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR).

A recent decision by the U.S. Court of Appeals for the Sixth Circuit illustrates the jurisdictional pitfalls that can ensnare unwary litigants – highlighting the need for attention to detail from both sides at the earliest stages of a case.

McDonald Hopkins data privacy and cybersecurity attorney Stephen Robison's article "Legality of Non-kinetic ASAT Weapons: A US Perspective on How Technology Outpaces Law," was recently published in the Air and Space Law journal.

Last week the controversial Fast Food Accountability and Standards Recovery Act (FAST Act) was signed into law. The Act creates a government-appointed 10-person council to set wages as high as $22 an hour at fast food chains with more than 100 units nationwide. The council, which will include fast food workers, will also set working conditions and address alleged worker abuses that advocates say soared during the pandemic.

On August 31, 2022, the U.S. Court of Appeals for the Eleventh Circuit revived a class action lawsuit filed against Burger King in which certain former employees allege violations of antitrust laws related to no-poach provisions formerly contained in Burger King’s franchise agreement.

While companies that operate as part of the Defense Industrial Base wait for the implementation of Cybersecurity Maturity Model Certification, it is still important that they monitor current cybersecurity obligations and compliance requirements. 

Michelle Kantor has been recognized among 2022's Notable Women in Law by Crain's Chicago Business. 

Private equity firms are recognizing the increased societal focus on environmental, social, and governance (ESG) issues.  Like many for-profit organizations, private equity firms often struggle with what appears to be conflicting goals: generating returns for their investors while achieving broader ESG goals of their stakeholders.

Part 4 in the series "The Wild West of name, image, and likeness." The NCAA's decision a year ago to allow student-athletes throughout the country to profit from their name, image, and likeness, proved to be just the tip of the iceberg. A handful of lawsuits are slowly making their way through the courts with potential to further alter the landscape of collegiate athletics – and employment law. 

McDonald Hopkins would like to congratulate our client Miami-Luken on the U.S. Department of Justice’s decision to dismiss its criminal indictment, which charged the company for violation of the Controlled Substances Act.

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

Erika Apelis has joined the Cleveland office of McDonald Hopkins LLC as Counsel in the Business Department, adding her experience to the firm’s Estate Planning and Probate team. 

Jacob Debus has joined McDonald Hopkins LLC in Cleveland as an associate in the Business Department.

The Urban Land Institute Cleveland Technical Assistance Panel, co-chaired by McDonald Hopkins attorney Kirstyn Wildey, recently hosted an event to celebrate the release of its report containing recommendations and thoughts on bulkhead management practices and their impact on economic development in the Cuyahoga River Valley.

Forty-three attorneys at McDonald Hopkins have been selected by their peers for inclusion in the 2023 edition of The Best Lawyers in America. Four of those attorneys – Peter Bernhardt, James Boutrous, Antoinette Pilzner, and Franklin Malemud – have also been named 2023 Best Lawyers "Lawyer of the Year" award winners.

Laura Wallerstein's move to McDonald Hopkins was featured on FranchiseWire in a August 12 article as part of the publication's HireWire series.

As one of the few large nations without national privacy legislation, protecting consumers’ personal information has fallen squarely on the states, until now. The American Data Privacy and Protection Act (ADPPA), introduced as H.R. 8152 in June, advanced out of a House panel with a 53-2 vote on July 20, 2022. The ADPPA follows on the privacy legislation and regulations that have come before, specifically on the privacy principles, data collection prohibitions, and notice and consent requirements as laid out in the General Data Protection Regulation (GDPR), as well as the CCPA and similar state laws

Eight attorneys at McDonald Hopkins have been selected to the 2022 Michigan Super Lawyers list and one McDonald Hopkins attorney has been selected to the 2022 Michigan Rising Stars list.

Cybersecurity, data security, and privacy laws are the fastest moving and evolving regulations in the country. Don’t blink, or you will miss an amendment or change existing law. The New York State Department of Financial Services (NYDFS) demonstrated just that in a recent draft amendment to its already strict cybersecurity law.

Tanjeet Dhillon has joined the Cleveland office of McDonald Hopkins as an associate in the Litigation Department, adding her experience to the firm’s commercial litigation team.

McDonald Hopkins' executive compensation and benefits attorney Elliot Raff was quoted in Law360's July 22 article entitled "4 Cybersecurity Breach Suits Benefits Lawyers Should Watch."

An experienced commercial real estate and franchise law attorney, Laura L. Wallerstein has joined the offices of McDonald Hopkins LLC as a Member, adding her expertise to the Business Department and Real Estate practice.

The Supreme Court’s recent opinion in the West Virginia v. EPA case is poised to be a landmark decision in administrative law, as it clarifies the scope of regulatory agencies’ power to address issues of major political or economic significance. 

As 18-year-olds across the country prepare to take their first steps into adult life – whether attending college, university, vocational training program, entering the workforce, or taking a gap year – parents of those now-adult-children should be aware there are important legal documents that should be in place to ensure they can continue to be there for their child if needed.

The International Franchise Association (IFA) and FRANdata, a franchise market research company, are conducting a first-of-its-kind survey for franchisees on the impact of inflationary pressures on franchised businesses

Not only are state legislatures targeting noncompete agreements by enacting new laws seemingly weekly, state attorney generals continue to investigate the unfair use of restrictive covenants.

Laws regarding restrictive covenants continue to change quickly across the country.

An experienced trial attorney and arbitrator with real-world experience, Sanford Watson has joined the Cleveland office of McDonald Hopkins LLC as a Member, adding his expertise to the Litigation Department and Energy practice.  

School may be out for the summer, but ransomware attacks continue to hit educational institutions well into 2022. Similar to years past, K-12 school districts along with colleges and universities continue to fall victim to ransomware, facing disruption to day-to-day business operations, cancelled classes, potential exposure of student data and the hefty costs that go with.

Employers who conduct on-site COVID-19 testing will want to evaluate their current practices to ensure that they are consistent with the EEOC’s updated guidance.

The most recent U.S. Census Report estimated government construction spending at $343.8 billion.  These contracts are a valuable and steady source of income for many construction contractors.  With new opportunity, comes new risks. Many organizations are falling behind with their cybersecurity procedures. In order to be eligible for these profitable projects, construction companies must comply with all cybersecurity regulations.

Daniel Saltzman has joined the Chicago office of McDonald Hopkins LLC as an Associate in the Business Department and growing Executive Compensation and Governance Practice Group.

The Illinois legislature has been busy over the last few months amending and fine-tuning several existing employment laws. As a result, employers in Illinois will now find themselves busy in the coming months updating policies and practices to comply with the new requirements. This roundup summarizes four recent amendments to Illinois employment laws and an amendment to the sexual harassment provisions in the Chicago Human Rights Ordinance.

Donald Brewer has joined the Detroit office of McDonald Hopkins LLC as an Associate in the Litigation Department, where he will add his experience to the firm’s national Data Privacy and Cybersecurity team.

Daniel Borek has joined the Chicago office of McDonald Hopkins LLC as Counsel in the Business Department, where he will add his experience in both corporate and real estate transactions to the firm’s Executive Compensation and Governance team.

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.

McDonald Hopkins has women attorneys and professionals in every office, department, practice group and level of leadership. This Spotlight Series shines a light on those attorneys and professionals, giving everyone at the Firm the opportunity to learn more about them and their practice.

An ESOP is a paradox – an ERISA-covered tax-qualified retirement plan, which benefits employees, designed to invest primarily in securities of the ESOP sponsor, which benefits the sponsor. Given this dual nature, there are many ERISA risks. Giving short shrift to these issues can lead to significant liability. This article provides a framework for navigating these perilous waters and mitigating risk.

The world was turned upside down in 2020, and the practice of medicine changed overnight as providers were forced to adapt to the complexities and risks presented by the COVID pandemic. Concern for staff and patient exposure to the virus caused many providers to jump feet first into the telehealth space with little or no previous experience – making them easy targets for cybersecurity attacks.

This article originally appeared in Crain's Chicago Business on June 13, 2022.

Recent reports from both government agencies and human resources experts confirm what employers already know: challenging times are taking a toll on employees’ mental health. With employers focused on how to properly address these issues in the workplace, the DOL has stepped in with two new guidance documents.

As the cyber threat landscape evolves, North Carolina has paved the way as the first U.S. state to outlaw ransom negotiations. The law prohibits state agencies and local government entities that have been the victim of a ransomware attack from paying or even communicating with the threat actor.

The Federal Trade Commission has issued new guidance explicitly stating it now interprets the Federal Trade Commission Act as imposing consumer data breach notification obligations. Notably, unlike state data breach notification laws already in effect, the guidance does not specify particular data points that would trigger a notification obligation if compromised. Rather, the guidance imposes notification obligations when a compromise of any data would “increase the likelihood that affected parties will suffer harm.” 

The Equal Employment Opportunities Commission, recently released guidance addressing the application of AI to the Americans with Disabilities Act (ADA). The guidance defines three key terms and provides various examples where AI comes into play for employment decisions.

McDonald Hopkins is pleased to announce the attorneys and practice areas that have been recognized by Chambers USA 2022.

Former Cleveland Municipal Court judge Nathan J. Hudak has joined the Cleveland office of McDonald Hopkins as Counsel in the Public Law Practice Group.