Coronavirus: Legal and business insights

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Coronavirus: Legal and business insights

Wednesday, July 1, 2020

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Does the right to receive rent payments transfer with the sale of property?

Friday, August 14, 2020

A recent Ohio Supreme Court case reminds property owners that it is critically important to clearly describe what rights and interests are being conveyed - and, more importantly, what rights and interests are being reserved - in any real estate transaction. The absence of such clear language can give rise to issues down the road.

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McDonald Hopkins LLC welcomes Jermaine N. Conner to Litigation Department in firm’s Cleveland office

Thursday, August 13, 2020

Jermaine N. Conner has joined McDonald Hopkins LLC as an associate in the Litigation Department of the firm’s Data Privacy and Cybersecurity group in the Cleveland office.

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Be mindful of any statements or disclosures involving COVID-19

Wednesday, August 12, 2020

As the COVID-19 public health emergency continues, one issue that all companies stand to face is the rising threat of Rule 10b-5 claims made in connection with the purchase or sale of securities. Hence, public companies, their officers and private companies alike should be very careful in what information they disseminate regarding COVID-19.

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CMS proposes remote patient monitoring policy changes and guidance

Tuesday, August 11, 2020

The Centers for Medicare & Medicaid Services has issued proposed changes and offered guidance on Medicare payment requirements for remote patient monitoring and other services within its Medicare Physician Fee Schedule proposed rule for calendar year 2021.

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CMS issues Medicare Physician Fee Schedule proposed rule for 2021

Tuesday, August 11, 2020

The Centers for Medicare and Medicaid Services has issued a proposed rule for Medicare payment and related policy changes under the Medicare Physician Fee Schedule going into calendar year 2021. This proposed rule would help to implement a recent Executive Order from the Trump administration which aims to permanently expand telehealth benefits for Medicare beneficiaries following the COVID-19 Public Health Emergency and increase access to care in rural communities.

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President Trump bypasses Congress and introduces four new executive actions to address COVID-19

Monday, August 10, 2020

President Donald Trump signed four controversial executive actions on August 8 in an attempt to provide much needed economic relief during the COVID-19 pandemic. If successful and implemented, the actions would provide additional unemployment benefits, defer payroll taxes, extend the moratorium on student loan payments, and provide for the ability to halt evictions and foreclosures.

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Daily reports can make or break your next claim

Friday, August 7, 2020

Have you ever settled a dispute for less than you deserved on a claim because you didn’t have the backup to substantiate your claim? We see it all the time and it never sits right with us or our client when we know that money was left on the table because the records didn’t show what we all knew to be true. 

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Newly proposed Federal Biometrics Privacy Act mirrors controversial - and expensive - Illinois statute

Friday, August 7, 2020

On August 4, 2020, Senators Jeff Merkley and Bernie Sanders introduced the National Biometric Information Privacy Act (the “National Act”), a data privacy law modeled after the Illinois Biometric Information Privacy Act (the “Illinois Act”). As Illinois’s experience shows, the proposed act has potential to give rise to a tidal wave of expensive class action lawsuits against all manner of businesses throughout the country. Companies should carefully monitor the progress of the National Act and analyze the impact it would have on their businesses.

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FDA takes action against subpotent and methanol-contaminated hand sanitizers

Wednesday, August 5, 2020

The FDA is issuing new warnings and increasing its monitoring of the production of alcohol-based hand sanitizer due to the presence of contaminants in violation of the Food Drug and Cosmetic Act and the fact that many products are failing to meet production guidelines put in place during the coronavirus public health emergency. Currently, 87 hand sanitizers are on the FDA’s do-not-use dangerous product list.

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Avoid potentially costly litigation by making sure your website is ADA compliant

Wednesday, August 5, 2020

During the COVID-19 pandemic, the internet has become an essential tool to help people work and carry out daily tasks; however, for some people with disabilities, the internet has long been critical to helping them live independently. With this in mind, now is the time for your business to evaluate its website to determine whether it is appropriately accessible to disabled persons.

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Words matter: “ANY REASON” may mean “SOME REASON” in triggering a post-employment restrictive covenant

Tuesday, August 4, 2020

Words matter. This is especially true in the context of post-employment restrictive covenants, which are generally disfavored by courts. This article assesses how the lack of consistency of triggering verbiage will impact the applicability and ultimate enforceability of a post-employment restrictive covenant.

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Senate Republicans introduce a new stimulus package: The HEALS Act

Monday, August 3, 2020

Senate Republicans have introduced a new $1 trillion stimulus package - the HEALS Act. According to Senate Majority Leader Mitch McConnell, the HEALS Act is intended to be a “tailored and targeted draft that will cut right to the heart of three distinct crises facing our country – getting kids back in school, getting workers back to work, and winning the healthcare fight against the virus.”

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Steps to take before, during, and after an OSHA inspection

Thursday, July 30, 2020

Everyone involved in a construction project has a responsibility to take precautions to avoid injuries. The precautions that an employer takes will not only help avoid injuries, it will also help limit citations in the event of an injury or Occupational Safety and Health Administration (OSHA) inspection, and can help limit the severity of any citations that do result in the event of an inspection. Here are the steps that an employer should take before, during, and after an OSHA visit.

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DOL's new FMLA forms intended to improve user experience

Friday, July 24, 2020

In a diversion from its now regular stream of COVID-19 related guidance, the Department of Labor recently turned its attention to the Family and Medical Leave Act (FMLA). On July 16, 2020, the DOL’s Wage and Hour Division announced what it called “significant steps to improve workers’ and employers’ experiences with the use of the FMLA” by issuing new model notices and forms

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Martin T. McElligott joins Chicago office of McDonald Hopkins LLC

Thursday, July 23, 2020

Martin T. McElligott has joined the Chicago office of McDonald Hopkins LLC as an associate in the firm’s national Data Privacy and Cybersecurity Practice Group.

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Checklist for pricing construction project change orders and claims

Thursday, July 23, 2020

In the hectic day-to-day world of managing a construction project, it can be difficult to make sure you are including all costs that result from a change to your scope of work, whether you are pricing a proposed change order or a claim. While your contract likely addresses which specific time and cost impacts you can, and cannot, include in a change order or claim, this checklist can help to make sure you are not leaving things on the table.

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HHS notice on provider relief fund reporting requirements

Thursday, July 23, 2020

The Department of Health and Human Services (HHS) has released the, “General and Targeted Distribution Post-Payment Notice of Reporting Requirements,” on its CARES Act Provider Relief Fund (PRF) website. This notice is intended for healthcare providers who received one or more General or Targeted Distribution payments exceeding $10,000.

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Guidance on the waiver of 2020 required minimum distributions gives relief – with a deadline of Aug. 31, 2020

Wednesday, July 22, 2020

On June 23, 2020, the IRS and the Treasury Department issued new guidance (Notice 2020-51) that allows more people to roll a distribution (that they thought was a minimum required distribution) back into the plan or an IRA.

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Bankruptcy and the construction industry: What happens when the general contractor files for bankruptcy?

Wednesday, July 22, 2020

It is clear that the construction industry has been impacted by the coronavirus pandemic. Project owners, contractors, material suppliers, and equipment lessors are understandably concerned as some construction projects have stopped work and others are stalling as developers evaluate the situation. In this volatile environment, those in the construction industry need to know how a bankruptcy might impact the projects where they are working. In this post, we will look at what happens when the general contractor files for bankruptcy.

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Bankruptcy and the construction industry: What happens when the project owner files for bankruptcy?

Tuesday, July 21, 2020

It is clear that the construction industry has been impacted by the coronavirus pandemic. Project owners, contractors, material suppliers, and equipment lessors are understandably concerned as some construction projects have stopped work and others are stalling as developers evaluate the situation. In this volatile environment, those in the construction industry need to know how a bankruptcy might impact the projects where they are working. In this post, we will look at what happens when the project owner files for bankruptcy.

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