News & Legal Updates

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.

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.

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

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.

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.

Policies and procedures related to the Breach Notification Rule are in place to ensure that notification to regulators, individuals, and the media if applicable, are provided in a transparent manner. The only thing worse than not following policies and procedures is not having them. 

By taking proactive steps, nonprofits can explore social franchising while protecting their 501(c)(3) status. Thoughtful planning and legal coordination help ensure that the expansion model remains aligned with the organization’s charitable mission, achieving both greater reach and continued compliance with tax-exempt requirements.

The Centers for Medicare & Medicaid Services (CMS) is proposing to loosen the time requirements for billing remote physiologic monitoring (RPM) and remote therapeutic monitoring (RTM)

The challenges facing higher education are not going away.  In fact, they are likely to worsen. Institutions that avoid acknowledging and addressing the challenges reduce their chances of surviving them and maintaining their existence.  Institutions that acknowledge and address the challenges; that plan long-term; that make difficult decisions; and that are open to a variety of solutions increase their chances of success.

State legislatures continue to tighten data breach notification requirements and enforce compliance with privacy and security rules. Below are recent notable developments from Oklahoma, California and New York.

In this article, we explore the process known as novation and key considerations for contractors interested in acquiring contracts through novation.

A federal judge dismissed key claims by authors alleging Meta’s use of their books to train its Llama AI model was copyright infringement, citing insufficient evidence of market harm. The court emphasized that while AI training may be transformative, fair use could fail if plaintiffs show strong evidence of market substitution or dilution. The case continues on separate claims related to Meta’s use of pirated “shadow library” content.

The talk about closing the Department of Education may end the enforcement of the Family Educational Rights and Privacy Act (FERPA or Act), which has been the leading federal law protecting student information.  This means that while Congress and the States look to fill the gap left by FERPA, schools will be left with uncertainty as to their obligations to protect student data.

The Centers for Medicare & Medicaid Services (CMS) recently announced the Wasteful and Inappropriate Services Reduction (WISeR) Model, which will provide potential opportunities for companies that have the technology and expertise for prior authorization and pre-payment review starting in 2026.

Peter Bernhardt, the Office Managing Member of McDonald Hopkins’ West Palm Beach office, was named as one of Florida Trend's Elite Managing Partners for a second year in a row.

While the OIG advisory opinion offers valuable federal guidance, it is only one piece of the compliance puzzle. State CPOM laws may impose additional, and sometimes conflicting, requirements that must be carefully navigated to avoid regulatory risk.

Episode 3 of McDonald Hopkins' monthly healthcare podcast series with hosts Liz Sullivan, Emily Johnson, and Jane Pine Wood, introduces attorney Rachel Carey and dives into her unique practice and experience.

In practical terms, the court’s decision leaves open significant questions related to the use, training, and retention of copyright right protected works.  However, the training of LLMs with works that were purchased and scanned likely qualifies as fair use.

On June 22, Texas Governor Greg Abbott signed into law the Texas Responsible Artificial Intelligence Governance Act, making Texas the fourth U.S. state to enact broad-based artificial intelligence legislation.

Two attorneys at McDonald Hopkins have been selected to the 2025 Florida Super Lawyers list and three McDonald Hopkins attorneys have been selected to the 2025 Florida Rising Stars list.

McDonald Hopkins is pleased to welcome attorney William Lawton to its Litigation Department and national Data Privacy and Cybersecurity Practice Group. His practice focuses on pre-breach services and incident response.

The U.S. Small Business Administration (SBA) hosted a Tribal Consultation Session on June 13 in Anchorage, Alaska on the heels of the National 8(a) Association’s Regional Conference. After attending the meeting virtually, we wanted to provide a summary of the meeting for those that were not able to attend. 

Since launching the survey in 2011, this is the first time McDonald Hopkins has seen a majority of respondents express a negative outlook on U.S. business conditions. Notably, this shift in sentiment comes despite previous challenges such as major election years and the COVID-19 pandemic.

McDonald Hopkins is proud to announce that Marc Carmel, Ed Reilly and the Litigation Finance practice have been recognized by Chambers and Partners 2025 in this year’s Litigation Support Guide. For the second year in a row, this recognition reaffirms our position as leaders in the field of litigation finance across the nation.

The U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, No. 23-1039, holding that workers who are members of majority groups—such as White, male, or heterosexual—are not subject to a heightened evidentiary burden when bringing claims of employment discrimination under Title VII.

With the formal approval of the House v. NCAA settlement on June 7, 2025, schools are now legally allowed to pay their athletes directly – marking a seismic shift in how amateur athletics is governed, funded, and regulated.

This blog provides a brief overview of common fundraising options available to help companies attract new investors and raise additional capital.

McDonald Hopkins is proud to announce the addition of attorney Xavier Jaillet. Xavier is an Associate in the Business Department and a member of the firm’s Mergers and Acquisitions Practice Group. He also plays a key role on the firm’s cannabis and psychedelics team, with almost a decade of experience in the cannabis industry.

McDonald Hopkins is proud to announce five practice areas and 22 attorneys are ranked this year by Chambers USA in its 2025 guide.

The Peterson Center on Healthcare published a report, which analyzed the use of remote physiologic monitoring (RPM) and remote therapeutic monitoring (RTM) from 2019 through 2023 and related benefits and billing patterns, and proposed policy changes.   

The Small Business Administration (SBA) announced it will hold a Tribal Consultation to discuss 8(a) Program and Mentor Program policies on Friday, June 13th in Anchorage, Alaska. This is a valuable policy-shaping opportunity that could influence how these programs are changed and administered in the years ahead.

Given the ambiguity of the term, businesses often find approaching digital compliance and determining where to begin assessing their obligations to be an overwhelming and daunting task, but despite the challenges, digital compliance is essential to success.

McDonald Hopkins is proud to announce that attorney Scott Opincar has been recognized on The Legal 500’s US Ohio Elite List. This honor highlights his exceptional finance and restructuring industry knowledge and outstanding client service.

McDonald Hopkins is proud to announce the addition of attorney Saili Hernandez to its national Data Privacy and Cybersecurity Practice Group.

Episode 2 of McDonald Hopkins' monthly healthcare podcast series, Legal Diagnosis, covers the Executive War College Conference - tackling topics like AI, data collection and enforcement.

It is critical for hemp product businesses to stay abreast of various legislative acts making their way through state legislatures that will impact how they are able to conduct business in each state. In an effort to keep our clients and the general public aware of such acts, McDonald Hopkins is pleased to present our Hemp Legislation Blog.

The Act—now law—sets a new federal standard under the supervision of the FTC, aiming to bridge the gaps in current state privacy and digital safety laws, including the standardization of criminal and civil penalties

McDonald Hopkins is pleased to welcome Evan Carson as an Associate in the firm’s Litigation Department. He focuses his practice on commercial litigation and construction law.

On April 28, 2025, the Cleveland City Council unanimously passed Ordinance No. 104-2025, which mandates disclosure of pay ranges in job postings and prohibits requesting salary history from applicants.

McDonald Hopkins is proud to welcome Kenneth (Ken) Suh as a Member of the firm’s Litigation Department and its national Data Privacy and Cybersecurity Practice Group.

Whether you are a seasoned ASC owner, a physician considering your first investment, or a practice administrator tasked with ensuring compliance, understanding the nuances of ASC ownership and the intricacies of succession planning is essential to safeguarding both your investment and the long-term stability of the center.

In the wake of last year’s nationwide injunction of the FTC's Non-Compete Rule, state legislatures across the country have moved swiftly to advance their own agendas regarding the enforceability of non-compete agreements.This update provides a summary of recent and pending state law changes that employers should be aware of as the legal landscape continues to shift rapidly.

McDonald Hopkins is proud to announce the addition of Timothy Cwick as a Member in the firm’s Business Department and Real Estate Practice Group.

Karina Conley weighed in on what employers need to know regarding Cleveland's new law requiring salaries to be listed on job postings in Cleveland.com's latest article.

The intersection of AI and law presents a profound opportunity for innovation, but it also challenges attorneys to uphold their ethical obligations in this uncharted territory. As AI continues to evolve, its role in legal practice will undoubtedly expand while necessarily being constrained by emerging regulatory frameworks and ethical guidelines.

The Ninth Circuit Court of Appeals recently issued a groundbreaking decision in Briskin v. Shopify, a case involving the California Invasion of Privacy Act (CIPA) and the scope of personal jurisdiction over out-of-state companies that collect and use data from California consumers.

The reinstatement and modification of the SBA Franchise Directory should, ultimately, make it easier for franchisors, franchisees, and SBA lenders to consider and apply for SBA loans in a more streamlined manner. McDonald Hopkins’ franchise team can assist you with the process and help you consider what is needed.

McDonald Hopkins is pleased to announce the addition of Sarah Sears as an Associate in the Litigation Department, where she will focus her practice on complex commercial disputes.

Both franchisors and franchisees must consider what impact, if any, the reciprocal tariffs may have on their respective businesses. It is never too early to try and plan ahead. This article delves into what you need to consider.

As global trade tensions rise and tariff policies shift, companies worldwide are feeling the impact on their supply chains and pricing structures. Companies need to proactively assess their exposure to these changes and explore options for managing the added costs effectively.

McDonald Hopkins is proud to announce that Rachel Carey has joined the firm as Counsel in the growing healthcare practice group. She brings a wealth of knowledge and extensive experience on a wide range of regulatory, transactional, and reimbursement issues. Rachel said McDonald Hopkins was the right destination firm for her career trajectory, both in support and service.

The Sorensen opinion establishes that payments for marketing and advertising services, without more, do not violate the Anti-Kickback Statue if the payee does not have the ability to influence healthcare decisions. This reduces risk for providers using third-party marketers, advertising agencies, or lead generators, provided those entities do not exert improper influence over healthcare decision-makers.

McDonald Hopkins is proud to announce the addition of three talented attorneys to its nationally recognized data privacy and cybersecurity practice group: Garrett Groos, Gregory Parker, and Ryan C. Smith.

Spencer Pollock of McDonald Hopkins’ Data Privacy and Cybersecurity Practice Group was recently featured in a WJZ CBS News Baltimore segment discussing the Baltimore City Schools data breach.

At McDonald Hopkins, we support our community engagement. Our responsibility as good corporate citizens extends beyond providing legal counsel. It encompasses the relationships we build, the organizations we champion, and the lasting impact we make in the communities we serve. An example of this dedication is an extraordinary win by McDonald Hopkins’ West Palm Beach attorneys and staff, headed by member Alan Burger, in a recent pro bono case.

The amended recertification rules will affect the ability of small businesses and SBA program participants to continue to qualify for continued performance under awarded contracts and to bid for future contracts and orders that are set aside for small business or SBA program participants. The anticipated effects are causing waves in the small business government contracting communities, so we are here to provide a quick overview of the recertification rule changes.

Each year, the Executive War College provides valuable information for everyone in the lab industry. The McDonald Hopkins Healthcare team monitors trending topics discussed at the conference and will provide key takeaways from this year’s EWC when the sessions conclude. 

Product manufacturers and distributors are typically liable when products are defective and cause injury under state products liability laws. However, when it comes to mere use of a brand on a product, can a brand licensor, whether through a franchise agreement or trademark licensing agreement, also be liable when the product does not originate from the franchisor / brand licensor? The answer is yes.

McDonald Hopkins would like to introduce Legal Diagnosis, a podcast where law meets healthcare.

McDonald Hopkins is proud to announce the addition of attorney Bryan Evans as Counsel in the Litigation Department. Bryan focuses on complex commercial litigation in both federal and state courts. He represents a wide range of clients through every stage of litigation, from filing of claims through trial and post-trial appeals.

Restaurant sales often fluctuate throughout the year, making it difficult to maintain consistent cash flow, especially for establishments in tourist locations or those with seasonal menu items. Discretionary consumer spending is also difficult to predict. In this article, we go over the certain factors contributing to negative restaurant cash flows.

State legislatures and federal regulators continue to tighten data breach notification requirements and enforce compliance with privacy and security rules. Below are notable developments from California and Oklahoma proposing stricter timelines for breach notifications, as well as a significant HIPAA enforcement action by the U.S. Department of Health and Human Services against Warby Parker.

After narrowly avoiding a government shutdown last month, Congress has resumed work on passing a formal budget resolution before the current fiscal year ends.

McDonald Hopkins is proud to announce the addition of another talented member to its Intellectual Property Department: Malisheia Douglas. Malisheia has built a global reputation for helping companies navigate complex intellectual property challenges, particularly those emerging at the intersection of innovation and evolving legal landscapes.

A recent ruling from the U.S. Supreme Court has expanded the ability of plaintiffs to sue under the Racketeering Influenced and Corrupt Organizations Act.

FDA Final Rule regulating laboratory developed tests as medical devices vacated by U.S. District Court.

McDonald Hopkins is proud to announce that Crain's Detroit has recognized attorneys Mike Latiff and Tim Lowe as 2025 Notable Litigators and Trial Attorneys.

Employers, especially those with military-affiliated employees, must be aware of these changes: they greatly expand potential liability under USERRA, increase exposure to damages, and limit the defenses available to employers in legal disputes.

McDonald Hopkins welcomes Christina Gherlein as Counsel in the Intellectual Property Department

McDonald Hopkins is proud to announce the addition of Michael Croghan as a Member in the firm’s Litigation Department. Michael is an experienced litigator with a wealth of knowledge in resolving complex commercial disputes in a variety of industries.

The Financial Crimes Enforcement Network (FinCEN) issued an interim final rule that exempts domestic entities (i.e. entities formed in the U.S.) and U.S. persons from the reporting requirements of the Corporate Transparency Act.

Earlier this year the Ohio Supreme Court struck down an effort to dismantle public bodies’ use of consent agendas, a tool that enables officials to vote more efficiently on routine agenda items at meetings.

Give adequate notice. Ensure the opportunity for a hearing. And if the local code provides for these two things, follow the code. 

Ohio H.B. 257 authorizes generally unelected, unpaid public bodies to meet virtually or have members vote virtually under the Open Meetings Act but to take advantage of it, some preparation is necessary before the law goes into effect on April 8.

McDonald Hopkins attorneys Richard Blake, David Cupar and Franklin Malemud recognized as Cleveland's top litigators.

McDonald Hopkins is pleased to welcome Kevin Soucek as Counsel in the firm’s Intellectual Property Department. 

McDonald Hopkins is proud to mark its seventh year partnering with College Now.

The indictment of Uber's former executive is one example of the government's increasing pressure on businesses to comply with data privacy and security laws. Organizations that experience cybersecurity incidents should proceed with caution when responding to state and federal investigations into cyberattacks to mitigate additional business risks and civil and criminal liability. 

On March 14, 2025, the Senate passed a continuing resolution (CR) to extend current government funding through September 30, 2025, thereby avoiding an immediate government shutdown. This stopgap measure provides Congress additional time to negotiate and finalize a long-term budget resolution.

How private equity can offer founder-owners a step forward to scale and secure their legacy without burning out.

While the Trump administration's firings may disrupt or delay certain Consumer Financial Protection Bureau enforcement activities, financial institutions should continue to comply with applicable consumer data privacy and security laws.

Blair Dawson recognized as one of the Security Industry Association’s 2025 Women in Security Forum Power 100.

For now, board member Wilcox is re-employed and the NLRB can resume its operations, having the minimum three-member quorum needed to render decisions. However, this battle is far from over and is likely headed to the United States Supreme Court for a potentially historical reframing of the extent of the President’s authority over all executive branch employees. 

IP is a complex legal landscape governed by factors like value, ownership, jurisdiction, and timing. Understanding these nuances is crucial when protecting assets, making business decisions, or choosing legal counsel. Separating fact from fiction can mean the difference between securing an innovation or losing it.

McDonald Hopkins is proud to announce that Members Teresa Metcalf Beasley, Todd Benni, David Cupar, and Micah Marcus have been named a 2025 Thomson Reuters "Stand-Out Lawyer."

The Trump administration is pushing out directives in the form of executive orders targeting DEI initiatives that intend to affect federal contractors and private sector employers generally; however, the legality of these directives is uncertain. We recommend that federal contractors and private sector employers review their current recruiting, hiring, performance, and training policies and initiatives. In this article, we offer federal contractors a roadmap on what to review and how to spot red flags.

Given the uncertainty around the CTA reporting requirements and enforcement, we recommend clients wait to file until FinCEN or the Treasury Department issues further guidance. We will provide an update once the additional guidance is issued by FinCEN. In the meantime, please do not hesitate to reach out to McDonald Hopkins with any questions or concerns.