News & Legal Updates Archive

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.