MH Business Exchange is a bi-weekly podcast series featuring McDonald Hopkins attorneys exchanging ideas and insight on important legal and business topics that impact you.
McDonald Hopkins member David Drechsler joins host Mike Witzke to share fascinating stories from the front lines of his career as a litigator. The discussion focuses on trust and litigation cases that can help to inform the decision making of listeners who face similar dilemmas.
On this episode of the McDonald Hopkins Business Exchange, Ben Panter, chair of the firm's Executive Compensation and Governance Practice Group, joins host Mike Witzke to discuss key employee compensation issues. As Panter points out, "Right now is a critical time for companies to reassess their compensation programs. Not only do they need to continue to retain their employees and motivate their employees to help dig them out of a potentially dire situation (due to the pandemic), but there are also competitors looking to poach key employees. If you're not offering a competitive pay package, it (creates) a greater ability for competitors to poach talent." Visit McDonald Hopkins for more, including an infographic featuring Panter's 4 Key Employee Compensation Issues for Business.
On this episode of MH Business Exchange, MH attorneys Owen Quinn and Marc Carmel join host Mike Witzke discuss how bankruptcies effect two specific situations in construction industry: What happens when the general contractor files for bankruptcy and what happens when the project owner files for bankruptcy? For more information, read Quinn and Carmel's blog posts on Bankruptcy and the Construction Industry at McDonald Hopkins.com: * Bankruptcy and the construction industry: What happens when the general contractor files for bankruptcy?: https://bit.ly/2ZMik5u * Bankruptcy and the construction industry: What happens when the project owner files for bankruptcy?https://bit.ly/3hBiYZv
Alan Burger, an experienced litigator and Member in McDonald Hopkins’ West Palm Beach office, joins host Mike Witzke to discuss the insight gained over the course of a 30-year legal career on three common questions clients ask when facing litigation.
Words matter. To accompany his blog on mcdonaldhopkins.com, "“ANY REASON” may mean “SOME REASON” in Triggering a Post-employment Restrictive Covenant," McDonald Hopkins attorney Richard Kessler joins MH Business Exchange host Mike Witzke to discuss how the lack of consistency of triggering verbiage will impact the applicability and ultimate enforceability of a post-employment restrictive covenant.
On episode 37 of MH Business Exchange, McDonald Hopkins attorney Michael Riley joins host Mike Witzke for a conversation about the impact of the SECURE Act on Estate Plans. Key questions they consider include whether or not the "stretch IRA" is gone, how changes will apply to IRAs, the 10-year rule, and planning ideas to consider for leaving retirement benefits to beneficiaries.
Christine Czuprynski and MH Business Exchange host Michael Witzke examine the new year’s key cybersecurity trends on the 36th episode of the podcast series of McDonald Hopkins LLC. The episode’s release coincides with International Data Privacy Day on Tuesday, Jan. 28, 2020. Czuprynski is a member of McDonald Hopkins’ national Data Privacy and Cybersecurity Practice and focuses her practice specifically in the area of data privacy and cybersecurity. Topics she focuses on during the podcast include the unique challenges posed by the November election, how employers providing remote access for employees can also create opportunities for cyber criminals, new demands in recent ransomware attacks, the ongoing worry over attempts to compromise business email, and potential impacts of new cybersecurity legislation.
On Episode 35 of MH Business Exchange, McDonald Hopkins attorneys Richard Kessler and Tim Lowe join host Mike Witzke to discuss how employers can protect their investment in human capital through provisions like non-compete agreements, non-solicitation agreements and confidentiality restrictions. Topics covered include the differences between post-employment restrictions, understanding what provisions are suitable for various companies, and where and how long restrictions can typically be enforced.
On Episode 34 of MH Business Exchange, co-chair of McDonald Hopkins' national Data Privacy and Cybersecurity Practice Group Jim Giszczak joins host Mike Witzke to offer some tips for parents to help students of all ages protect their information online during the new school year. For even more information on the topic, read Giszczak and Amanda Martin's "12 Back to School Cybersecurity tips for parents" at McDonald Hopkins.com at the following link: https://mcdonaldhopkins.com/Insights/Alerts/2019/08/27/12-back-to-school-cybersecurity-tips-for-parents
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. The act, which was a reaction to Cambridge Analytica and other high profile data breaches, will give California consumers the right to exercise control over personal information and provide them the tools to make certain there are safeguards to the misuse of personal information. Find out what this means to business within and outside California on Episode 32 of MH Business Exchange as McDonald Hopkins member Christine Czuprynski and Robert Fowler, the director of professional services at Jordan Lawrence, join host Mike Witzke.
On this edition of MH Business Exchange, McDonald Hopkins attorney Alec Davidson joins host Mike Witzke to review some key facts about Ohio's Notary Public Modernization Act. They discuss what to expect when the act goes into effect in September of 2019, the technology required for online notarization, and how the act will impact lawyer and non-lawyer notaries.
On Episode 31 of MH Business Exchange, McDonald Hopkins attorney Marc Carmel, co-chair of the firm's Litigation Finance Group, joins host Mike Witzke to continue their exploration into the field of litigation finance. This time, they are joined by David Siffert, the Director of Research and Projects for the Center for Civil Justice at NY School of Law. Siffert manages the new Dispute Financing Library at NYU, which is a neutral depository for documents and media related to third-party litigation funding.
On Episode 30 of MH Business Exchange, McDonald Hopkins Chicago Managing Member David Agay and Lincoln International Managing Director Alex Stevenson join host Mike Witzke to discuss corporate restructuring from the perspective of role and interaction between lawyer and the investment banker. This combination has been the most prominent in middle market restructurings over the last several years. Topics discussed include when clients should make the call to advisors, recognizing the coming crisis to decrease risk of bankruptcy or other insolvency processes, how advisors approach the different crises faced by clients, and the risks inherent in corporate restructuring for owners, managers, directors and officers.
On Episode 29 of MH Business Exchange, McDonald Hopkins Chicago Managing Member David Agay joins host Mike Witzke for a discussion of the Chicago law firm market. They look at what makes the Chicago market different, the evolution of the market, how it reflects the local and United States economies, the changing role of mid-market law firms, and more.
On the 27th episode of MH Business Exchange, McDonald Hopkins member Marc Carmel joins host Mike Witzke for the first part of their discussion about the firm's new Litigation Finance Practice Group. During the episode, Carmel provides a general explanation of litigation finance.
On episode 28 of MH Business Exchange, host Mike Witzke is joined by McDonald Hopkins member Marc Carmel for the second part of their discussion about the firm's new Litigation Finance Practice Group. Carmel shares what makes the practice group, which is one of the first of its kind, unique to the legal market.
On Episode 26 of MH Business Exchange, McDonald Hopkins corporate and transactional attorney Jeff Van Winkle joins host Mike Witzke to to discuss CFIUS and how the new FIRRMA pilot program is impacting foreign investment into U.S. businesses that would not have previously been affected. They discuss what industries now fall into CFIUS, consider new guidelines for companies seeking foreign investment or acquisition to protect themselves from penalties that could equal the value of the transaction, and the future for cross-border transactions.
On episode 25 of MH Business Exchange, McDonald Hopkins healthcare attorney Rick Hindmand joins host Mike Witzke for a deeper dive into best practices for cybersecurity in the healthcare industry. The episode builds on the Jan. 9, 2019 blog Hindmand authored with fellow MH attorney Emily Johnson, "Guidance Recommends Healthcare Cybersecurity Best Practices" (Link: https://mcdonaldhopkins.com/Insights/Blog/Healthcare-Prescriptions/2019/01/09/Guidance-Recommends-Health-Care-Cybersecurity-Best-Practices).
During Episode 24 of MH Business Exchange, David D. Ebersole, an associate in the Columbus, Ohio office of McDonald Hopkins, joins MH Business Exchange host Mike Witzke for discussion recent developments in Ohio tax law and more. Topics covered include how the recent South Dakota v. Wayfair, Inc. case will impact Ohio, the events surrounding the largest tax conference in the nation, and Ebersole’s new three-volume treatise: Baldwin’s Ohio Tax Law: 2018 Edition.
In this update to MH Business Exchange Episode 23, Raquel "Rocky" Rodriguez provides up-to-the-minute details from the front lines of the Florida recount, including a decision on the governor's race and early news from hand recounts in the senate and commissioner of agriculture races.
McDonald Hopkins Miami Managing Member Raquel Rodriguez, who represented George W. Bush in the 2000 Florida recount, keeps you up to date with all of the events surrounding the 2018 recount. She explains the current lawsuits, the most recent court rulings, and even offers some spoilers of what lies ahead.
On episode 22 of MH Business Exchange, Raquel "Rocky" Rodriguez, McDonald Hopkins' Miami managing member and former general counsel to Florida Governor Jeb Bush, provides a rare perspective into the 2018 Florida recount. She bringing her expertise as one of the lead lawyers for George W. Bush in the 2000 recount, explaining the differences in 2018 as she explains the process, the lawsuits, and what to expect in the days and weeks ahead.
On Episode 20 of MH Business Exchange, host Mike Witzke is joined by McDonald Hopkins member Ilirjan Pipa for a discussion of topics including potential applications for blockchain technology, whether initial coin offerings and token generation are classified as "securities offerings," and how to structure ICOs to be compliant with existing laws.
On Episode 20 of MH Business Exchange, host Mike Witzke is joined by McDonald Hopkins attorney Michael Riley for a quick tour of all you need to know about the business income deduction. They discuss everything from understanding who qualifies for the 20 percent tax break to the reason behind congress’ decision to give us the qualified business deduction, whether or not all sole proprietors and owners of pass-through business get the deduction, and more.
On Episode 19 of MH Business Exchange, host Mike Witzke is joined by McDonald Hopkins' Cleveland attorneys Jen Armstrong and Christopher Dean. Their discussion focuses on everything franchisors and franchisees need to know about today's most important antitrust issues. These include no-poach agreements and other emerging governmental risks, what franchisors can do to eliminate risk of civil and criminal enforcement, and the minimizing the potential for violating antitrust laws while participating in trade associations.
On 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. Among the topics covered are the expanding number of new facilities to service a growing senior population, the pitfalls to consider when building or acquiring assisted-living facilities, Certificate of Needs programs, and access to HUD financing.
In today's 17th episode of MH Business Exchange, host Mike Witzke talks with McDonald Hopkins trust and estate attorney Roger Shumaker about fiduciaries: Who are they, what do they do, and how do they act? These questions and more are answered as Witzke and Shumaker discuss all of the various types of fiduciaries and their roles, from guardianships, to powers of attorney, executors, personal representatives, administrators and trustees.
On episode 16 of MH Business Exchange, host Mike Witzke and McDonald Hopkins attorney John Heer discuss some of today’s hot issues in environmental law. These topics include the jurisdiction of the federal government within the Clean Water Act, what “waters of the United States” actually means, the Clean Power Plan and the impact deregulation in the Trump era has made on the practice of environmental law.
Host Mike Witzke talks with Ilirjan Pipa, the chair of McDonald Hopkins' Securities Practice Group, about the use of representation and warranty insurance in M&A deals. Learn more about how insurance shifts risk to the insurance provider, allowing a buyer to collect straight from the policy instead of filing a claim against the seller after suffering loss due to a breach of a seller's rep in a purchase agreement. Insurance policies are becoming more and more popular as premiums drop, underwriting processes become more efficient, and providers offer better terms.
In episode 14 of McDonald Hopkins’ bi-weekly podcast series, MH Business exchange, host Mike Witzke talks with employee benefits attorney Gladys Zolna about the important role human resources and other company employees play as planned fiduciaries for benefit plans.
Host Mike Witzke talks with estate and trust attorney Katherine Wensink about how high net worth individuals should react to estate tax changes that went into effect Jan. 1, 2018, as part of the federal tax overhaul. One of the biggest changes in the tax reform law was the increase in how much high net worth individuals can give away without paying estate tax – that number increased from approximately $5.5 million to $11 million for individuals, or approximately $22 million for married couples. In this episode, Katherine explains why individuals who are at that $11 million mark (or close to it) should have strategic conversations about their estate planning goals to avoid the 40 percent estate tax. Katherine also explains how the approach to estate planning can be different for those with established, sophisticated estate plans compared to someone who is just getting started or who has a very basic plan. Estate tax rules always seem to be changing, too, and Mike and Katherine discuss whether someone in a potentially taxable situation should wait and see how the law unfolds or take action now.
Cleveland attorney Elizabeth Sullivan, co-chair of the firm’s national Healthcare Practice Group, sits down with host Mike Witzke to discuss why payor audits must be taken seriously and how healthcare providers should respond to medical records requests to avoid overpayment claims. Sullivan also explains why it is important for providers to be proactive and not reactive regarding payor audits.
Cleveland antitrust attorneys Jennifer Dowdell Armstrong and Christopher Dean sit down with host Mike Witzke to discuss the hidden dangers regarding antitrust violations that businesses must be aware of, such as algorithmic pricing, merger review and per se offenses. Armstrong and Dean also discuss why small and mid-sized businesses must be aware that civil and criminal antitrust concerns are not only an issue for large corporations.
Cleveland attorney Ilirjan Pipa, chair of the firm’s Securities Practice Group, and host Mike Witzke discuss the securities considerations businesses must be aware of and how to properly navigate the various considerations as they prepare to raise capital.
Christine N. Czuprynski, a Detroit attorney in the firm’s national Data Privacy and Cybersecurity Practice Group, sits down with host Mike Witzke to discuss GDPR, the European Union’s new data protection regulation, which takes effect on May 25, 2018. Czuprynski informs listeners why U.S. businesses must have the GDPR on their radar and steps they can take to prepare to be compliant.
Chicago attorney Benjamin Panter, chair of the firm’s Executive Compensation and Governance Practice Group, speaks with host Mike Witzke to discuss what business executives need to be aware of regarding compensation while they are negotiating employment with a company
Mike Witzke sits down with Cleveland attorney David Cupar, chair of the firm’s Intellectual Property Department, to discuss what businesses should consider when managing their IP portfolio, including analyzing IP metrics, revisiting policies and procedures for employees, setting up watch services and much more.
Mike Witzke speaks with Detroit attorney David Schelberg on how employers can navigate through legal disputes with employees and steps they can take to prevent them.
Host Mike Witzke is joined by James Boutrous, managing member in McDonald Hopkins' Detroit office. Jim informs listeners about the necessary steps their business must take when terminating an employee to avoid potential legal action. This is part one of a two-episode labor and employment discussion on MH Business Exchange.
Mike Witzke sits down with Cleveland attorney Mike Wise, co-chair of the firm’s Energy Practice Group, to discuss the future of the U.S. energy market and its impact on the economy.
Host Mike Witzke sits down with Chicago attorney Owen Quinn, co-chair of the firm's Construction Law and Real Estate Litigation Practice Group, to discuss common issues owners, contractors and subcontractors face and how to properly protect yourself and your business with a construction contract.
Christal Contini, Cleveland attorney and co-chair of McDonald Hopkins' Mergers and Acquisitions Practice Group, talks with Mike Witzke about steps business owners must take to prepare their business to be sold.
Mike Witzke talks with Alexa Guevara about the importance of federal tax credits and the role they play in natural disaster relief efforts.