Maximizing PPP Loan Forgiveness with Compensation Planning

The goal for those with Paycheck Protection Program (“PPP”) loans is to have the amount borrowed forgiven. Borrowers that can turn a PPP loan into a grant can defray lost revenues during the COVID-19 crisis. Meeting the requirements for forgiveness is key, but can be thwarted if the employer had to lay off or furlough staff. (For more information on the PPP, browse our various articles on the subject). read more

Recreational Marijuana: Preliminary Injunction Denied in Suit Against MA Governor

The Massachusetts Suffolk Superior Court, in a ruling by Justice Ken Salinger on April 16, 2020, denied the plaintiffs’ plea for an emergency preliminary injunction in their suit against Massachusetts Governor Charles Baker, which sought to have recreational marijuana establishments added to the list of “essential” businesses. In making its ruling, the Court came to the conclusion that the plaintiffs were not likely to succeed on the merits of their claims. Among other factors, this resulted in the Court’s decision to deny the plaintiffs’ motion that, if granted, would have permitted recreational marijuana establishments in the Commonwealth to re-open, after their effective closure by executive order of the Governor. The following summarizes a few of the ruling’s key elements. read more

Navigating the Moratorium on MA Residential Foreclosures & Evictions

On April 20th, Governor Baker signed into law a residential mortgage foreclosure and eviction moratorium bill (H 4647) which grants temporary relief to homeowners from foreclosures, and to residential tenants from evictions. Residential property managers and landlords, and residential mortgage holders, must exercise caution to avoid running afoul of the new law. The relief afforded by the legislation expires on the earlier of 120 days after enactment of the legislation (August 18, 2020) or 45 days after the COVID-19 emergency declaration has been lifted, but the governor may postpone expiration of the moratorium to a limited extent. read more

New MA Legislation Offers Limited Relief from Evictions for Small Business Tenants

On April 20th, Governor Baker signed into law an eviction moratorium bill (H 4647) that benefits certain commercial tenants.  While the new law grants extensive relief to homeowners from mortgage debt and foreclosures, and to residential tenants from evictions, it provides no relief from mortgage debt to commercial property owners, and limited relief to certain commercial tenants.  This article addresses the limited relief provided by the legislation to commercial tenants. read more

IP Considerations During COVID-19

Current economic and logistical realities of the COVID-19 pandemic are challenging IP rights holders in new ways. Should the filing strategies companies pursued prior to the onset of the crisis continue? Should enforcement be curtailed or stepped up? How should rights holders approach the acquisition of IP given the economic fallout caused by COVID-19? How might the crisis influence litigation strategies?  Here are some observations and key takeaways regarding COVID-19 considerations for IP matters: read more

Governor Baker's Response to Suit Regarding Recreational Marijuana Shutdown

Massachusetts Governor Charles Baker, in a response to the suit that was brought against him last week in connection with his decision to designate recreational marijuana businesses as “non-essential,” filed an “Opposition to Plaintiffs’ Motion for Preliminary Injunction” on Monday, April 13, 2020. The filing seeks to rebut the plaintiffs’ claims by offering counterarguments to their pleading for relief from the Governor’s executive orders that effectively shut down the recreational cannabis industry in the Commonwealth. The main thrust of the Governor’s argument is that the plaintiffs have failed to show a likelihood of success on the merits of their claims and, therefore, should be denied the injunctive relief they so seek.  Below are some of the key takeaways from the response. read more