Blog Posts
COVID-19 Bankruptcy Relief Extension Act of 2021: Debt limit increased to $7.5M for another year
Tuesday, March 30, 2021
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Providers have at least a year to prepare for affiliation disclosures to CMS – Use this time wisely!
Thursday, April 8, 2021
The Centers for Medicare & Medicaid Services recently alerted all current and prospective providers and suppliers that they will issue affiliation disclosure requests on a discretionary basis. While in general practice CMS states it will not request affiliation disclosures until Form CMS-855 is revised, they do have the authority to request this information at any time if CMS becomes aware of a “potentially problematic affiliation.” CMS also notes that due to the public health emergency it does not plan to begin updating the Form CMS-855 until at least March 2022.
Despite contractual provisions to the contrary, Third Circuit disallows triangular setoffs in bankruptcy
Tuesday, April 6, 2021
While triangular setoffs are permissible under state law – and parties should freely contract among themselves to promote efficiency in their business relationships – you should keep a critical eye on the impact of those relationships should one of the parties need to seek bankruptcy protection.
Innovation strategies in the medical device industry recap
Tuesday, April 6, 2021
A short recap of the third installment of McDonald Hopkins' inaugural IP+ Innovation Webinar Series, which featured a panel of leaders in the medical device industry discussing how they managed to stay innovative during the COVID pandemic and what challenges and opportunities they feel will materialize post pandemic.
Erskine selected for inclusion into NBL Top 40 Under 40 Black Lawyers in Florida
Monday, April 5, 2021
McDonald Hopkins attorney Carla Erskine has been selected for inclusion into The National Black Lawyers Top 40 Under 40 Black Lawyers in Florida.
Private Equity in 2021: Pragmatic recommendations for eye care practice owners and providers
Monday, April 5, 2021
In a recent article for Cataract & Refractive Surgery Today, McDonald Hopkins' Isabelle Bibet-Kalinyak provides insight on the eye care sector of the healthcare PE market and on how eye care practice owners can prepare their practice for a potential future transaction with eight key recommendations.
McDonald Hopkins welcomes experienced trademark attorney Suzanne Ketler as member in Cleveland
Monday, April 5, 2021
Suzanne K. Ketler has joined McDonald Hopkins LLC as a member in its Cleveland office, where she will add her extensive experience as a trademark attorney to the firm’s Intellectual Property Department.
Gov. DeWine signs bill reducing statute of limitations for breach of contract claims
Friday, April 2, 2021
Ohio Senate Bill 13, recently signed into law by Ohio Gov. Mike Dewine, reduces the statute of limitations for breach of written contract actions from eight years to six years, and for breach of oral contract actions from six years to four years.
SBA launches portal to begin accepting Shuttered Venue Operators Grant applications on April 8
Thursday, April 1, 2021
The U.S. Small Business Administration (SBA) launched a splash page for the Shuttered Venue Operators Grant (SVOG) application portal in anticipation of opening applications for the relief program on Thursday, April 8, 2021. The SVOG program was established by the Economic Aid to Hard Hit Small Businesses, Nonprofits and Venues Act, which appropriated $15 billion for the program. The American Rescue Plan Act, signed into law by President Joe Biden on March 11, 2021, appropriated an additional $1.25 billion, bringing the SVOG program funding to a total of $16.25 billion, with more than $16 billion allocated for grants.
COVID-19 Bankruptcy Relief Extension Act of 2021: Debt limit increased to $7.5M for another year
Tuesday, March 30, 2021
On March 27, President Biden signed the COVID-19 Bankruptcy Relief Extension Act into law. The Extension Act comes exactly one year after the CARES Act temporarily increased the debt limit for small businesses to be eligible to file for bankruptcy pursuant to subchapter 5 of chapter 11 of the Bankruptcy Code from $2,725,625 to $7,500,000 under the Small Business Reorganization Act of 2019 for one year due to the COVID-19 pandemic.The Extension Act extends the temporary increase in the debt limit for one more year, as the economic crisis brought on by COVID-19 continues.
COBRA subsidy under the American Rescue Plan
Thursday, March 25, 2021
The American Rescue Plan contains a provision requiring a mandatory employer subsidy for group health plan continuation commonly called COBRA coverage. "Assistance eligible individuals" who are on COBRA or who elect COBRA will be treated as having their COBRA premium paid for a period of six months from April 1, 2021, through September 30, 2021. The American Rescue Plan effectively requires employers who are obligated to provide COBRA to totally subsidize COBRA premiums for these individuals for this period.
Cyber threats: Ransomware and K-12 education
Wednesday, March 24, 2021
The trend of ransomware incidents targeting K-12 schools is expected to continue and potentially grow throughout 2021. McDonald Hopkins Data Privacy and Cybersecurity team has prepared five essential tips for schools to improve cybersecurity.
SEC launches Climate and ESG Task Force
Friday, March 19, 2021
The Securities and Exchange Commission recently announced the creation of a 22-member Climate and ESG Task Force in the Division of Enforcement. The SEC stated that increasing investor focus and reliance on environmental, social, and governance disclosures and investments served as a catalyst for the creation of this Task Force to allow the SEC to proactively identify ESG-related misconduct and to “better police the market, pursue misconduct, and protect investors.”
'5 Questions With' Mayor of Lorain Jack Bradley
Friday, March 19, 2021
A monthly segment from the McDonald Hopkins Public Law Group that asks local, regional and statewide leaders to pass along their wisdom on items of current and lasting interest. This seventh installment asks Lorain Mayor Jack Bradley to discuss the American Rescue Plan, rejuvenating the city's waterfront, and his hometown pride.
Teresa Metcalf Beasley named Vice Chair of Downtown Cleveland Alliance Board
Friday, March 19, 2021
McDonald Hopkins Member and Chair of the firm's Public Law Practice Teresa Metcalf Beasley was appointed by the Downtown Cleveland Alliance (DCA) as Vice Chair of its Board of Directors.
Franchise termination provisions with strikes: How many strikes until you're out?
Thursday, March 18, 2021
Many franchise agreements include termination provisions that involve “strikes,” permitting franchisees to incur and cure a certain number of violations of the franchise agreement within a certain time period until they may be subject to termination. A court in Michigan recently addressed whether such provisions are valid and not unconscionable, and the opinion brings additional insight to both franchisees and franchisors who may be concerned about how these provisions play out in practice and align with state franchise laws.
David Drechsler named to American Cancer Society Ohio/West Virginia/Northern Kentucky Area Board
Tuesday, March 16, 2021
McDonald Hopkins member David Drechsler was introduced on Monday, March 15, as one of the 30 board members of the American Cancer Society’s Ohio/West Virginia/Northern Kentucky Area.
McDonald Hopkins welcomes Donielle F. Robinson to Intellectual Property Department in Chicago
Friday, March 12, 2021
Donielle F. Robinson has joined McDonald Hopkins LLC as an associate in the Intellectual Property Department of the firm’s Chicago office. Robinson’s practice primarily focuses on all aspects of trademark prosecution and litigation.
American Rescue Plan provides tax relief to families and extends enhanced unemployment benefits
Thursday, March 11, 2021
McDonald Hopkins' Tax and Benefits team has prepared an overview of the tax provisions contained in the American Rescue Plan, the majority of which focus on providing relief to families earning less than $150,000 per year, and also extends enhanced unemployment benefits that were set to expire on March 14, 2021.
Congress approves $28.6 billion Restaurant Revitalization Fund
Thursday, March 11, 2021
Following the U.S. Senate’s passage of the $1.9 trillion American Rescue Plan on March 6, the U.S. House of Representatives approved the final version of the new stimulus package on March 10. President Biden signed the stimulus package into law on Thursday, March 11, 2021. As part of the American Rescue Plan, Congress approved a $28.6 billion Restaurant Revitalization Fund (RRF), which will provide federal grants to eligible foodservice and drinking establishments like restaurants, bars, caterers, breweries, taprooms, and tasting rooms.
Relief ahead for multi-employer pension plans in the Butch Lewis Emergency Pension Plan Relief Act
Thursday, March 11, 2021
The Butch Lewis Emergency Pension Plan Relief Act, which directs funds to assist troubled multi-employer pension plans, was included in the recently passed $1.9 trillion American Rescue Plan - providing substantial relief to troubled pension plans and the hundreds of thousands of retirees enrolled in these plans. Learn more about how the Butch Lewis Act addresses recent multi-employer pension plan problems and the criteria plans must meet to receive the special financial assistance.
