News & Legal Updates Archive

McDonald Hopkins LLC is pleased to announce the addition of Laura Nguyen as an Associate in the firm’s Litigation Department.

McDonald Hopkins is proud to welcome John J. Hanley as a Member in the Business Department and the Litigation Finance Practice Group. John brings with him years of experience, a proven track record of success and an innovative spirit that will play a pivotal role at the firm.

The Texas court deemed the Non-Compete Rule unlawful, set it aside, and ordered that the “Rule shall not be enforced or otherwise take effect on its effective date of September 4, 2024, or thereafter.”

McDonald Hopkins is pleased to announce the addition of Farzana Ahmed as an Associate in the Litigation Department and a member of the firm’s national Data Privacy and Cybersecurity Practice Group.

47 McDonald Hopkins attorneys recognized as Best Lawyers in America and 13 attorneys recognized as Best Lawyers: Ones to Watch in America

The NYDFS’ new regulations continue to evolve and demand awareness and vigilance to maintain compliance. If you have questions about satisfying NYDFS cybersecurity compliance, have questions about national privacy requirements, or think you might have experienced a cybersecurity incident, contact a member of McDonald Hopkins' national cybersecurity and data privacy team.

This ruling reveals the limits to the rejection power of the Bankruptcy Code. While a bankrupt franchisee can use bankruptcy to unburden itself of future monetary liabilities due to a franchisor, such franchisee cannot completely rid itself of those bargained-for equitable remedies that are there to protect the integrity of the brand and the confidential, proprietary information that the franchise arrangement is designed to protect.

This decision only adds to to the growing circuit split on the application of the “hypothetical test” or the “actual test” in bankruptcy, and may lead a higher court to consider the issue. For franchisees in the Sixth Circuit who desire to reorganize in bankruptcy, however, this decision provides clarity about which test parties may use to determine if a contract could be assumed.

McDonald Hopkins, a business advisory and advocacy law firm, is proud to announce significant growth and key trends within its Data Privacy and Cybersecurity Practice Group within the first half of 2024. The firm has successfully responded to a remarkable number of data breaches and incidents, showcasing its commitment to safeguarding client data and navigating the evolving complexities of data privacy.

Seven attorneys at McDonald Hopkins have been selected to the 2024 Michigan Super Lawyers list, and three McDonald Hopkins attorneys have been selected to the 2024 Michigan Rising Stars list.

The U.S. Environmental Protection Agency (EPA) awarded over $129 million to Cuyahoga and Lake Counties to fund solar installations on six different landfills. The next couple of years will be crucial as design and engineering work takes place, leading to the commencement of construction.

On July 31, 2024, in a much-anticipated decision in the case of Mothering Justice v. Nessel, the Michigan Supreme Court restored laws that will increase Michigan’s minimum wage, eventually eliminate tip credit, and expand mandatory paid sick leave.

McDonald Hopkins, a destination law firm for top legal talent, is pleased to announce that Madison Massie has joined the firm's Business Department as an Associate, bringing her knowledge and expertise to the Tax and Benefits Practice Group.

As a result of the Pennsylvania ruling and the limited scope of the injunction in the Texas case, for now, businesses and employers still need to plan for the Rule’s potential effective date on September 4, 2024.

While ransomware attacks usually grab the headlines, one of the more troubling trends in the ever-evolving e-commerce world is the rise in business email compromise attacks, which continue to cause massive financial losses for businesses.

Pennsylvania Governor Josh Shapiro recently signed into law an amendment to the state’s existing data breach notification statute that will have major implications for organizations who collect, process, or store information relating to Pennsylvania residents.

An overview of what healthcare entities should know and do if the FTC Final Rule banning non-competes takes effect in September of 2024.

James Giszczak was recently featured on a West Palm Beach news report regarding the Florida Department of Health's latest cyber incident.

The Federal Trade Commission  announced revised monetary thresholds for three exemptions from the Franchise Rule

FTC issues policy statement on franchisor’s use of contract provisions to suppress a franchisee’s allegations of violations of law.

The Centers for Medicare & Medicaid Services issued the Medicare Physician Fee Schedule 2025 proposed rule, which includes proposed new advanced primary care management billing codes that would expand opportunities for physician practices, federally qualified health centers, rural health clinics  and other health care providers,

Peter Bernhardt named as one of "Florida Trend's- Legal Elite Managing Partners"

In a decision that employers across the country have anxiously awaited, the Northern District Court of Texas issued a ruling on July 3, 2024, on the Federal Trade Commission’s broad Non-Compete Rule that would ban most non-compete agreements. While the court found that the FTC lacks the authority to ban all non-compete agreements, at this point the court’s decision stops short of issuing a nationwide injunction that would fully halt the Rule.

McDonald Hopkins is proud to announce that Marc Carmel and the Litigation Finance practice have been recognized by Chambers and Partners 2024 in this year’s Litigation Support Guide.

McDonald Hopkins is pleased to announce the addition of Jaime Coco as Counsel to its esteemed Business Department and Real Estate Practice Group. Jaime brings with her a wealth of knowledge and experience and will practice in the firm’s West Palm Beach office.

Scammers can use information submitted to the USPTO to craft compelling phishing calls, texts, and emails. They attempt to fool you into believing that if you hand over payment or personal information, they will help you protect your mark and brand from immediate assault. McDonald Hopkins IP Department has insightful information to help you avoid falling for this kind of scam. 

Kevin Washburn honored by Michigan Lawyers Weekly as one of the "Go-To Lawyers" for Cannabis Law.

The push to revamp Ohio's energy policy: lawmakers hear testimony on SB 275 while HB 197 hearing cancelled

McDonald Hopkins is pleased to announce the firm’s newest associates, Benjamin Foote-Huth and Suyung Song. Benjamin is a part of the Intellectual Property Department and Suyung joins the Strategic Advisory and Business Restructuring Department.

Peter Bernhardt, John Metzger, Alaina Karsten, and Jeffrey Haut have all been honored by 2024 Florida Super Lawyers

Attorneys David Lane and Jennifer Torrez bring a wealth of knowledge in their respective practice areas and add to the overall strength of our dynamic Data Privacy and Cybersecurity Group.

Jane Pine Wood, of McDonald Hopkins' Healthcare Practice Group, was recently featured in two publications explaining the FDA's Final Rule on LDTs.

Dominic Paluzzi, co-chair of McDonald Hopkins' Data Privacy and Cybersecurity Practice Group, explains the growing threat that cyberattacks pose to public entities during a newscast about the city of Cleveland's ongoing 'cyber incident.'

Another domino has fallen in the continued evolution of the business of college sports. The NCAA and its Power Five conferences have agreed to allow member schools to pay players directly for the first time in college sports history.

The push to pass Ohio Senate Bill 275: Revamping the state's net metering policy

McDonald Hopkins is a destination firm for attorneys looking to grow their careers and work in a culture comprised of collaborative and determined professionals. Jane Pine Wood explains why after 8 years as in-house counsel for a large laboratory she has returned to private practice at McDonald Hopkins.

McDonald Hopkins is pleased to announce the attorneys and practice areas that have been recognized by Chambers USA in its 2024 guide.

Two Medicare Administrative Contractors have finalized their proposed Local Coverage Determinations  regarding medical necessity guidelines for special stains and IHC stains. These LCDs will become effective in July.

Many laboratories engage sales and marketing representatives to assist them in growing their laboratory business.  Although for decades, the federal government has expressed concerns regarding the activities of certain sales and marketing representatives and potential violations of the Medicare and Medicaid Anti-Kickback Statute.  Now, it has a tool to address its concerns. 

Ohio Senate Bill 275 builds on the history and success of Ohio’s net metering program by introducing virtual net metering into Ohio. Virtual net metering addresses the roof issue while also helping to alleviate gird stress and incentivizing investment in distressed properties. 

While the development of cybersecurity tools, such as those offered to hospitals through the UPGRADE program will come with substantial benefits, hospitals should also anticipate further probing from the OCR with respect to efforts made by the hospitals to implement and maintain technical safeguards to prevent incidents from occurring.

James Giszczak and Eric Benson contribute to ILN's 2024 Data Privacy Guide

The DEA’s proposal to reschedule marijuana from Schedule I to Schedule III of the CSA was published on the Federal Register on May 21, 2024. The proposal was released in draft form on May 17, 2024 and was published on the 21st without changes. By publishing the proposal on the Federal Register, the DEA officially opened a 62 day public comment period that ends on July 22, 2024.

McDonald Hopkins, a leading business advisory and advocacy law firm, is pleased to announce the addition of Arezoo Habibi as an Associate in the firm’s Litigation Department. She joins the firm’s robust commercial litigation team, bringing experience and a fresh perspective to the team.

Reproductive privacy has received an additional boost of protection with the Office for Civil Rights’ Final Rule

Teresa Metcalf Beasley, chair of McDonald Hopkins’ Public Law Practice Group, was featured on several northeast Ohio news stations for her impactful work with the Western Reserve Ohio Links Chapter.

The FDA has issued its long-anticipated final rule regulating laboratory developed tests. Taking into consideration the concerns regarding the adverse impact upon patient care, the FDA outlined several categories of full and partial enforcement discretion.

If approved, the reclassification of marijuana will create unprecedented change for both businesses and consumers in the US. While many of those changes’ impacts are not clear at this time, there are some consequences of reclassification that provide welcome relief to existing marijuana businesses.

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 2024.