News & Legal Updates Archive

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.

As of December 1, 2024, the State of Minnesota now requires public agencies, which includes school districts and colleges, to report cybersecurity incidents.

Diversity, Equity, and Inclusion (DEI) initiatives have been a central focus for many companies seeking to foster inclusive workplaces. However, as legal scrutiny intensifies, businesses must carefully evaluate their DEI programs to ensure compliance with evolving employment law standards.