News & Legal Updates Archive

In an announcement yesterday, Microsoft declared it will be expanding access to wider cloud security logs in the coming months to customers worldwide at no additional cost. Specifically, with the new changes, log data previously only available at the Microsoft Purview Audit (Premium) subscription level will soon become accessible to Microsoft Purview Audit (Standard) subscription level customers. Additionally, Microsoft announced that it is also increasing the default retention period for Audit Standard customers from 90 days to 180 days.

A ransomware attack is one of the most serious events that a business can experience. A cybercriminal locking up computer systems can bring operations to a standstill for weeks, months, or even longer. Sensitive business data is often stolen, ransomed, and possibly leaked. Does your organization have a comprehensive and foolproof plan in place if hit? If not, here are some things to consider.

Allison Spears has joined McDonald Hopkins LLC as an Associate in the Litigation Department, adding her expertise to the firm’s national Data Privacy and Cybersecurity Practice Group.

Nickoli Miguel has joined McDonald Hopkins LLC as an Associate in the Litigation Department, adding his expertise to the firm’s national Data Privacy and Cybersecurity Practice Group.

The Supreme Court's decision in Groff v. DeJoy will have a significant impact on how employers evaluate and provide religious accommodations.

Monique Waterman has joined McDonald Hopkins LLC as an Associate in the Litigation Department, adding her experience to the firm’s commercial litigation team and construction team.

McDonald Hopkins members Peter M. Bernhardt and John T. Metzger have been selected to the 2023 Florida Super Lawyers list. Additionally, McDonald Hopkins member Craig Distel has been selected to the 2023 Florida Rising Stars list.  

McDonald Hopkins is proud to congratulate members David Agay and Stephen Gross on their selection to the 2023 Lawdragon 500 Leading Bankruptcy & Restructuring Lawyers Guide.

There are three guidelines every business should be mindful of when dealing with a government investigation into a cyberattack.

Information on resources prepared by the Panel of National Pathology Leaders (PNPL) that offer insight and guidance on AI and digital pathology. 

Patrick O’Meara and Margaret Redshaw have joined the Litigation Department of McDonald Hopkins LLC in the firm’s Chicago office, adding to the firm’s deep commercial litigation expertise.

Dates and information on when flexibilities for telehealth, remote patient monitoring and other virtual healthcare services end.

The U.S. Equal Employment Opportunity Commission has joined the conversation about employers’ use of artificial intelligence.

Matthew Rechner has been named a 2023 Client Service All-Stars by The BTI Consulting Group.

Marriam Shah has joined McDonald Hopkins LLC as an Associate in the Litigation Department, adding her expertise to the firm’s growing national Data Privacy and Cybersecurity team.

Information and steps for employers on making sure you comply with Illinois' new paid leave laws, including how to update your policies and procedures. 

The General Counsel for the National Labor Relations Board has issued an advisory memorandum stating her position that non-competition clauses violate the National Labor Relations Act.

McDonald Hopkins is pleased to announce the attorneys and practice areas that have been recognized by Chambers USA 2023.

An overview of AI platforms and data privacy concerns as AI becomes more prevalent and ingrained in our society.

It is likely that remote pathologists now need to return to work in an established physical location.

The National Black Lawyers organization has selected Sean Bowen to its 40 Under 40 list for the state of Michigan, recognizing the McDonald Hopkins attorney for his exemplary legal representation in the areas of data privacy and cybersecurity. 

Pennsylvania's amended breach notification law went in effect May 2, 2023, expanding the definition of “personal information.” 

The Ohio Supreme Court has recently weighed in on determining whether workers are employees or independent contractors.

Montana’s state legislature unanimously passed a comprehensive data privacy bill, the Consumer Data Privacy Act, which closely mirrors the Connecticut Data Privacy Act.  

Indiana has joined the increasing number of states enacting more comprehensive data privacy laws, with Senate Bill 5 (SB 5)’s “Article 15. Consumer Data Protection” poised to take effect on January 1, 2026.

An April 2023 report on the Federal Trade Commission’s oversight of franchising by the Government Accountability Office (GAO) has concluded that franchise owners could use additional education and outreach by the FTC to assist with franchising issues.

Tennessee lawmakers unanimously approved the Tennessee Information Protection Act (TIPA), joining four other states in 2023 passing broader consumer data privacy protection legislation. 

Iowa has joined an increasing number of states in adopting a comprehensive data privacy law that goes into effect January 1, 2025.

The Restaurant Revitalization Tax Credit Act (Act) was introduced to amend the Internal Revenue Code to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. 

Great programs and content at the EWC as always! The EWC delivers valuable information for everyone in the lab industry

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 2023.

President Joe Biden recently signed a bill into law that brought about an immediate end to the COVID-19 National Emergency – almost a month ahead of schedule. Now, healthcare organizations are left wondering what, if any, impact this action will have on the planned May 11 end date for the Public Health Emergency and the pandemic-era policies, waivers, and flexibilities that came along with it.  

Meghan Miller has joined McDonald Hopkins LLC as an Associate in the firm’s Litigation Department.

After nearly six months and the receipt of approximately 54 public comments, on April 10, 2023, the U.S. Small Business Administration published a Final Rule eliminating its Franchise Directory. 

Ohio has once again revised its notary public laws. Effective April 6, 2023, House Bill 567 amends the state’s existing Notary Public Modernization Act.

McDonald Hopkins is proud to announce the firm has been recognized as an unparalleled leader in client service and named to the BTI Client Service A-Team 2023: Top 100. 

Florida House Bill No. 837, executed by Gov. DeSantis on March 24, 2023, changes the statute of limitations on negligence claims in the state of Florida. Construction practitioners should be aware of this change, as it may affect general negligence actions that accrue after the effective date of the bill.

The FTC is seeking a Request for Information (RFI) regarding the means by which franchisors exert control over franchisees and their workers. Specifically, the FTC is interested in how franchisors disclose certain aspects and contractual provisions of the franchise relationship.

During the pandemic, many landlords found themselves without a regular stream of rental income. That, compounded by retailers and franchisees ultimately ceasing business, culminated in landlords unable to find replacement tenants. Learn about general concerns for landlords upon a tenant’s bankruptcy filing.

With the recent failure of Silicon Valley Bank and the collapse of Signature Bank shortly after, many depositors are understandably concerned about the safety of holding their money in banks. There are, however, ways to maximize FDIC protections on amounts over and under $250,000 held in a bank.

Micah Marcus, a Member of McDonald Hopkins' Litigation Department in Chicago, has been named a 2023 Thomson Reuters "Stand-Out Lawyer."

The IRL drama between Tiger Woods and his former girlfriend, Erica Herman,  provides an opportunity to take a closer look at the Speak Out Act and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFA).   

With the anticipated publication of the Defense Department’s Cybersecurity Maturity Model Certification program 2.0 (CMMC 2.0) later this month, it is important for all government contractors to start planning and developing the appropriate compliance mechanisms. Inadequate cybersecurity can lead to hefty fines and penalties, as demonstrated by the recent $9 million payment by Aerojet Rocketdyne. As a safety measure against these fines and penalties, prime contractors are regularly including 72- to 24-hour notification requirements and flowdown clauses.

Nominations are now open for the 10th annual Cyber Risk Awards hosted by Zywave (Advisen). 

Over the last 15 years, section 403(b) tax-sheltered annuities, commonly known as 403(b) plans, have been becoming more like their qualified plan cousin, the 401(k) plan. Despite this trend towards uniformity, legal, investment, and administrative differences have persisted. The SECURE 2.0 Act of 2022 (SECURE 2.0) includes a number of provisions that eliminate some of these remaining differences. This post will provide a brief overview and comments on some of the notable SECURE 2.0 provisions relating to 403(b) plans.

Bryan Kostura has joined McDonald Hopkins LLC as a Member in the firm’s Litigation Department.

In a recent decision, the National Labor Relations Board upended the standard severance agreement process by finding that the type of broad non-disparagement and confidentiality provisions often found in severance agreements violate the rights of many employees to engage in protected concerted activity.

In a case that could provide a tax break to homeowners who rent a room in their residence to a roommate, the Michigan Court of Appeals held that a homeowner that rents a room in their personal residence to a roommate, does not lose the principal residence exemption available to reduce real estate taxes.

The U.S. Equal Employment Opportunity Commission (EEOC) recently filed a federal lawsuit in the Northern District of Ohio alleging that a Cleveland-based nonprofit violated the Americans with Disabilities Act (ADA) after requiring employees to return to in-person work following an extended period of COVID-19-related remote work.

Section 110 of the SECURE 2.0 Act of 2022 (SECURE 2.0) wrote into law a new design concept – matching contributions to a 401(k) plan based on a participant’s student loan payments, that is, treating student loan payments as if they were elective deferrals. There is sure to be IRS guidance on Section 110; however, in the interim the McDonald Hopkins Tax and Benefits team has prepared insight on the practicalities of this feature of SECURE 2.0.