News & Legal Updates Archive

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.