- This post is the first in our new Title Toolkit series, where we hope to shed light on some of the murkier and less-well-understood areas of oil, gas and mineral title throughout the Appalachian Basin.
- Rep. Jim Sensenbrenner (R-Wis.) is telling Bloomberg Tax that he is “very confident” that his bill, the Online Sales Simplicity and Small Business Relief Act of 2018 (H.R. 6814) will be heard in the House of Representatives before the end of 2018
- Record production in recent years has allowed the United States to become the world’s leading producer of petroleum and natural gas. With the dramatic rise in production has come lowered commodity prices and an increased necessity for oil and gas exploration and production companies (E&Ps) to manage costs. As forward-looking E&Ps consider innovative means of reducing expenses, blockchain technology presents an exciting opportunity to improve margins.
- The state of Ohio recently designated 44 “Opportunity Zones” in underprivileged areas of Columbus, Ohio, where investors may obtain federal income tax benefits for deploying their investment resources. Overall, there are now 320 qualified Opportunity Zones in Ohio.
- Relying on the same reasoning as the Seventh District Court of Appeals, the Ohio Supreme Court has affirmed the decision in Dundics.
- The Brooklyn solar farm rendered on a landfill in Cuyahoga County is one of 16 finalists for Solar Builder magazine’s 2018 Solar Builder Project of the Year. McDonald Hopkins attorneys Mike Wise and Chad Arfons represented developer Enerlogics Solar in the Brooklyn solar project and managed the development process.
- Recently, the Consumer Energy Alliance (“CEA”) issued a report about the benefits of the shale revolution for the people of Ohio. The report "highlights how domestic shale development saved Ohio consumers more than $40 billion from 2006 to 2016 by driving down natural gas prices. Thanks to prolific natural gas production in the Appalachian Basin, the region now boasts the lowest natural gas prices in the world — and at the end of the day, that means billions in savings to natural gas consumers.”
- What’s the difference between the Supplemental and Principal Registers? The U.S. Patent and Trademark Office (USPTO) offers two separate trademark registers – the Principal Register and the Supplemental Register.
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- NewsJordan Koss has joined the Chicago office of McDonald Hopkins LLC as a member and will be the head of the firm’s startup and venture capital group. He comes to McDonald Hopkins from goodcounsel LLC, a top boutique firm in Chicago focused on early stage startup representation, with prior experience at Fenwick & West in San Francisco and Kirkland & Ellis in New York.
- Potential antitrust risks presented by blockchain technology and safeguards companies can take to try to ensure they aren’t unwittingly running afoul of antitrust laws.
Recent developments in a lawsuit against a Delaware grocery store chain serve as a prime example of why you should beware of partial and elliptical disclosures to stockholders in M&A transactions.
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- Illinois law places different requirements upon contractors, subcontractors, and suppliers. This is the first in a series of blog posts that will focus on the fundamentals of Illinois mechanics lien law as it applies to general contractors.
- Information on whether you should provide your Social Security number to doctors and other healthcare providers.
- NewsIn August, the Internal Revenue Service published proposed regulations that shed light on how the 20% deduction of qualified business income is calculated. It would take several columns to discuss all of the implications of the new regulations, but here are a couple of quick highlights that most business owners will want to consider.
- While the use of cryptocurrency can assist a company in conserving cash, companies must understand certain limitations and risks associated with using cryptocurrency, particularly from a tax perspective.
- Last week the Trump administration filed a friend-of-the-court brief in support of federal retirees in Dawson v. Steager before the U.S. Supreme Court. As we reported when the court accepted the case for review, the case addresses the intergovernmental tax immunity doctrine as applied to the West Virginia income tax and state and federal law-enforcement officers.
- State tax incentive packages now seem to be ubiquitous in the business environment surrounding firm decisions on where to locate headquarters, offices, manufacturing plants, and other facilities. With many factors in play as firms make site selections, let’s take a look at some interesting dynamics that have been on display with some recent tax incentive packages making headlines.
- Proposed regulations that the Treasury Department and IRS issued last month prohibit taxpayers from taking charitable deductions to the extent the taxpayer receives a state tax credit in return. But the proposed regulations only raised more controversy among businesses concerned that they would limit their ability to take ordinary and necessary business expenses under I.R.C. § 162. Meanwhile, the controversy over the SALT deduction limit is disrupting efforts in Congress to pass more tax reform legislation.
- Information and tips on how trade associations and their members can minimize the risk of running afoul of the antitrust laws when exchanging information?.
- New York court confirms the position of the Securities Exchange Commission regarding the legal nature of cryptocurrencies, ruling that cryptocurrencies may be (and often are) investment contracts subject to the Securities Exchange Act of 1933.
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- NewsStephen J. Rosenfeld, a prominent litigator with more than a quarter-century of experience, has joined the Chicago office of McDonald Hopkins LLC as a member..
- NewsSarah Mancuso has joined the Cleveland Office of McDonald Hopkins as an associate in the firm’s Litigation Department. Prior to joining the McDonald Hopkins, she spent nearly three years at Reminger Co., LPA in Cleveland.
The political ping pong surrounding the “joint employer” standard at the National Labor Relations Board continues.
Careful planning, disclosure, drafting and implementation of policies can help prevent exposure to joint employer and agency liability in the franchise context.
- The Florida legislature has amended the construction statute of repose for a second time in two years. The new amendments, which took effect July 1, 2018, include a provision clarifying what is meant by “completion of the contract” and a provision extending the statute of repose one year in certain circumstances.
The issues at stake in the litigation surrounding a cryotherapy franchise are fundamental to many franchise relationships.
- NewsDuring a presentation for COSE, McDonald Hopkins intellectual property attorney Mark Guinto explained the types of intellectual property and what it takes to obtain protection, as well as strategies for using IP to grow your business.
Eight national restaurant chains recently agreed – after being alerted by attorneys general of 10 states and the District of Columbia – to drop provisions in their franchise agreements that prohibit franchisees from recruiting fellow franchisees’ employees. The agreements obligate the chains to drop the so-called “no-poach” hiring stipulation from their franchising agreements.
- Because trade associations are composed of a group of competitors, members should take particular care to avoid engaging in any behavior that may unwittingly run afoul of U.S. antitrust laws. Topics that are off-limits at trade association meetings include:
- NewsLiz Sullivan named to Crain's Cleveland Notable Women in Healthcare 2018 list
- 5 things to know about the United States Patent and Trademark Office (USPTO) strategic plan for 2018-2022.
- The area consisting of Columbiana, Mahoning, Trumbull, and, depending on who you ask, Stark, Summit, Portage and Tuscarawas counties, was among the first to draw the attention of national producers with promising results from several early horizontal wells.
- In this clip from "Energy Storage and Distribution: The New Frontier," our panel discusses developments in energy storage systems and what lies ahead.
- Energy storage and distribution: The new frontier
- Since its inception in 2006, the investment tax credit for solar energy development has played a critical role in the solar power industry’s meteoric rise. In sixteen short months, though, we enter the phase-down period, wherein the ITC will drop incrementally from its current 30 percent (through 2019) to a permanent 10 percent (after 2022).
- NewsThirty-seven attorneys at McDonald Hopkins have been selected by their peers for inclusion in Best Lawyers 2019. In addition, Cleveland member Dale Vlasek was selected among 2019’s “Lawyers of the Year.” The 24th edition of best lawyers is based on more than 5.5 million detailed evaluations of lawyers by other lawyers.
- PodcastOn episode 18 of MH Business Exchange, host Mike Witzke and McDonald Hopkins business and real estate attorney Todd Baumgartner discuss current trends in long-term care.
- NewsCarla Erskine has joined McDonald Hopkins LLC as an associate working with the Business Law Department in the firm’s West Palm Beach office.
- When Congress gave a new 20 percent tax deduction to sole proprietors, owners of S Corporations, and partners (including members in limited liability companies), it essentially denied that deduction to people in the business of providing professional services. This means doctors, lawyers, accountants, stock brokers, investment advisers, traders, consultants, athletes, and artists do not get to deduct 20 percent of their business income.
- You have no doubt heard the Tax Cuts and Jobs Act of 2017 dropped the corporate tax rate to 21 percent. You have probably also heard some (but not all) owners of businesses operating as S corporations, partnerships (including limited liability companies), or sole proprietorships will be able to deduct 20 percent of their business income starting in 2018. So, who does not get to deduct 20 percent of their business income?
- Say you own two related businesses that operate as S corporations out of the same facility and share administrative resources, but for business and legal reasons, they are separate entities with separate profit and loss statements. One business, let’s say it’s a window wholesaler, generates $1 million of income and has $100,000 payroll. The second business, a home improvement business, generates $50,000 of income on a $1 million payroll. Assume no depreciable property in used; this is all U.S. income; your taxable income equals or exceeds the income from these businesses; and you file a joint return with your spouse.
- The deduction is available for any taxpayer other than a C corporation, so it is available to individuals who earn their business income as sole proprietors or who receive their business income through pass-through entities such as S corporations, partnerships, or limited liability companies. This is why the Section 199A deduction is sometimes called the “pass-through” business income deduction.
