- Blog PostOn Sept. 30, 2019, the Ninth District Court of Appeals in Summit County decided Karvo Paving Co. v. Testa in favor of a highway construction contractor that disputed an Ohio use tax assessment on traffic maintenance equipment.
- NewsKevin M. Butler has joined the Cleveland office of McDonald Hopkins LLC as of counsel, adding valuable experience to the firm’s Public Law Practice Group.
- NewsJulia Radefeld has joined the Cleveland office of McDonald Hopkins as an associate in the Intellectual Property Department.
- NewsIn an article for HealthData Management, McDonald Hopkins' Isabelle Bibet-Kalinyak explains that hospitals and practices need to vastly improve data accuracy in records.
- NewsMedical Economics summarizes healthcare attorney Isabelle Bibet-Kalinyak's recent presentation at the MGMA 2019 conference in 2019, where she raised the alarm on cyber security for physician practices.
- Alert
Genetic testing continues to be a hot button issue for enforcement, both in the government arena and by private payors. Recently, the Department of Justice and Department of Health and Human Services Office of Inspector General announced charges against 35 individuals – including nine doctors – for their alleged participation in fraudulent genetic testing that cost Medicare more than $2 billion in unnecessary charges.
- Blog PostOn Friday, October 11, California Gov. Gavin Newsome signed several bills into law (AB25, AB847, AB1146, AB1355, and AB1564) that amend the California Consumer Privacy Act (CCPA).
- Blog PostOctober is Cybersecurity Awareness Month, which is the perfect opportunity for organizations to take stock of processes, policies and procedures related to the protection of all types of sensitive data. No organization is immune from cybersecurity threats. Although those risks are continuously evolving, there are some threats that impact all types of entities year after year. What have been the cybersecurity trends in 2019, and where will things go in 2020?
- Blog PostWhile an employer cannot require prayer in the workplace (that would violate Section VII of the 1964 Civil Rights Act, which protects workers from employment discrimination based on their race, color, religion, sex, national origin, or protected activity) prayer in the workplace is permissible.
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McDonald Hopkins attorneys, David Hales and Alec Davidson, feature article in Cleveland Metropolitan Law Journal's Real Estate Law "Cleveland: A growing metropolis - Public finance and tax incentives fuel Cleveland's development".
- NewsMcDonald Hopkins attorney and ACTEC fellow Roger Shumaker discusses charitable gift annuities on Trust and Estate Talk, the ACTEC's podcast series. .
- Blog PostAs of October 1, Nevada’s amended privacy law requires the operator of a commercial website or online service that collects the personal information of Nevada residents to provide the residents with the explicit opportunity to opt-out of the sale of their personal data.
- Blog Post
"We heard that we could get rid of our trusts," are familiar words heard in our law offices today. We use certain trusts to minimize federal estate taxes or “death taxes” as they are known. The much publicized American Taxpayer Relief Act of 2012 instituted a federal estate tax exemption of $5 million that was indexed for inflation as well as the concept of “portability.”
- Blog PostCan an employee take leave to attend a parent teacher conference for a child with an individualized education plan (IEP)?
- NewsShawn M. Riley began his second three-year term as president of McDonald Hopkins LLC on October 1. The firm’s membership voted to reelect Riley earlier this year.
- Blog Post
A recent ruling from the Federal Circuit serves as a reminder that when filing a design patent, you should broadly claim the design for which you are protecting. If you’ve already filed your design patent, before you bring an infringement suit confirm that your patent covers the specific article of manufacture in question.
- NewsMcDonald Hopkins LLC announced on Tuesday the election of attorneys Colin Battersby, Mark Masterson, Adam Smith and Courtney Tito to the firm’s membership.
- Blog PostImportant information on how to ensure that a job posting is not discriminatory and demonstrates your company’s commitment as a welcoming organization to a diverse pool of candidates.
- AlertOn Sept. 24, 2019, the U.S. Department of Labor issued the final rule on the new salary threshold for white-collar exempt status employees under the Fair Labor Standard Act. The new rule changes the current salary level for exempt employees from $23,660 per year to $35,568 annually. The new rule will be effective Jan. 1, 2020.
- Blog Post
In an effort to make Chapter 11 relevant again, on August 23, 2019, the president signed into law the Small Business Reorganization Act of 2019 (SBRA), which adds a new subchapter to Chapter 11 of the Bankruptcy Code intended to streamline the Chapter 11 bankruptcy process for companies that might not otherwise be able to afford the Chapter 11. The provisions of SBRA are scheduled to become effective in February 2020.
- Blog Post
In Ohio, a consistent failure to comply with sales tax filing and payment requirements may result in a business' tax account being placed in the Habitual Offenders Program (HOP), a statutory mandated tax delinquency program that can have devastating effects on any business.
- Blog Post
Using a social media influencer marketing campaign may seem like an organic or seamless way to promote a business, and the potential for growth - and exposure to a new group of customers - is great. However, using influencer marketing may have legal implications for franchisors and franchisees subject to business opportunity laws and other federal regulations.
- Blog Post
Many, if not all, franchise agreements have provisions giving the franchisor sole and absolute discretion to take or approve some action. On its face, an agreement in which the parties agree in advance to give sole discretion in decision making would appear to be virtually bullet proof from attack. However, there are exceptions.
- NewsMcDonald Hopkins' Ashley Jericho and Maria Carr discuss whether contingent claims are roadblocks to a sale or just bumps in the road in the September 2019 TMA NextGen NextNews newsletter.
- NewsLooking back on nearly 90 years of providing legal services to innovative, entrepreneurial clients has given the leaders at McDonald Hopkins, a business advisory and advocacy law firm, an opportunity to reflect on what it takes to build a successful business from the ground up. S
- News
To help unravel some of the mystery around litigation finance, McDonald Hopkins' Marc Carmel recently joined Debtwire’s Richard Goldman for the latest episode of Debtwire Radio.
- NewsIn an article for Bloomberg Law, McDonald Hopkins' client Josh Sherbin of TriMas calls McDonald Hopkins of the firms that gets it right.
- News
McDonald Hopkins attorney Jim Giszczak was a guest on Live on Lakeside on WKYC TV-3 in Cleveland on Wednesday, Sept. 11. The co-chair of MH's national Data Privacy and Cybersecurity Practice Group discussed cybersecurity tips for parents of students who recently started the new school year.
- Blog PostThe SHIELD Act and the Identity Theft Protection and Mitigation Services Act broaden protections for New York residents while imposing significant obligations on businesses. Below is an overview of the requirements for these recently enacted laws and information to make sure your business is prepared to comply.
- Blog PostNo industry is immune from data privacy and cybersecurity threats, and that includes the construction industry. Here are five data privacy and cybersecurity tips construction firms should consider putting to use to protect themselves against these looming threats.
- Blog PostBack charges are commonplace on commercial construction projects. Whether you are a general contractor or subcontractor assessing back charges against a lower tier contractor or a lower tier subcontractor arguing against back charges that have been assessed against you, the information in this article will provide insight into some best practices for proper back charges to help you in your business.
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- NewsMcDonald Hopkins' Jim Giszczak was a guest on the Wednesday, Sept. 4 edition of The Paul W. Smith Show on WJR 760 AM in Detroit, where he discussed cybersecurity tips for children and their parents as students return to school.
- NewsAs part of McDonald Hopkins’ upcoming 90th anniversary in 2020, the firm invites you to get to know Walsh University, a private liberal arts and science university in North Canton, Ohio, that is dedicated to educating its students to become leaders in service to others.
- Podcast
Jim Giszczak joins host Mike Witzke to discuss how parents can help students keep important information safe while online
- Blog Post
Subcontractors should consider whether to be insured under the general contractor’s self-insurance workers’ compensation policy and general contractors should consider the benefits, risks and costs of providing the self-insurance coverage to the subcontractor.
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Attorneys from the Detroit office of McDonald Hopkins LLC spent more than two hours networking with students from Wayne State Law School on Wednesday night, Sept. 4, during a meet and greet with the school’s diversity groups.
- Blog PostThree basic legal documents that every child 18 and over should have: Durable Power of Attorney for Property, Authorization of Protected Health Information, Health Care Directivese.
- Alert
Back-to-school season is in full swing, and McDonald Hopkins’ national Data Privacy and Cybersecurity team has prepared 12 tips for parents on how to keep your children safe and your information protected.
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Carla Erskine has been accepted into the 2019-20 Leadership Palm Beach County Engage program, providing the McDonald Hopkins attorney one more opportunity to help children in the community find the drive to push through roadblocks and recognize they may be “crazy enough” to achieve their most ambitious goals.
- Blog PostThe United States District Court for the Northern District of Georgia issued a preliminary injunction prohibiting the state of Georgia from using direct recording electronic (DRE) and global election management (GEMS) voting systems after this year. These systems rely on technology widely regarded as being highly vulnerable to cyber threats.
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Nisha Patel has joined McDonald Hopkins as counsel in the Business Department’s Commercial Finance Group in the firm’s Chicago office.
- Podcast
The California Consumer Privacy Act of 2018 will go into effect on Jan. 1, 2020, and it will impact businesses whether they are based in California or not.
- News
- AlertThe Centers for Medicare & Medicaid Services (CMS) has issued a final rule amending the requirements that long-term care facilities must meet to participate Medicare and Medicaid programs.
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Lawyer of the Year selections Stephen M. Gross and Peter M. Bernhardt headline a list of 41 McDonald Hopkins LLC attorneys who have been selected by their peers for inclusion in Best Lawyers 2020.
- AlertIn order to protect patients and enhance quality of care, Florida statutes and regulations define the maximum permitted costs for copies of medical records, x-rays, and insurance information. However, the state of Florida also urges health care providers to give patients a copy of their medical records at no cost, especially when the patient has limited means.
- AlertMichigan recently updated the maximum amount health care providers can charge for copies of medical records.
- Blog PostWe have been following a legal challenge to the new process in Ohio for businesses to file their municipal net profits tax returns centrally with the Ohio Department of Taxation rather than with separate municipalities. On Aug. 6, 2019, the Ohio Supreme Court accepted an appeal taken by over 140 municipalities from a Franklin County Court of Appeals decision upholding the centralized process.
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