Contours of Copyright: Supplementary Note to “The States Win One and Lose One.”

Earlier this month we reported on two Supreme Court cases affecting states’ rights under copyright law. The victory for states came in Allen v. Cooper, which held that the Copyright Remedy Clarification Act of 1990 lacked a proper constitutional foundation to abrogate states’ immunity, under the 11th Amendment, from private copyright infringement suits. The Court …

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Federal Reserve Provides Additional Guidance on the Main Street Lending Relief Program: Program Slated to Commence in the Near Term 

On May 27, 2020, the Federal Reserve Bank of Boston issued additional guidance, forms of borrower and lender certifications, forms of participation agreements and related agreements in connection with the Main Street Lending Program. No official launch date was announced for the Program, but it has been widely reported that the launch is imminent. The …

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Contours of Copyright: The States Win One and Lose One 

Two recent U.S. Supreme Court cases affect the rights of states under copyright law, one pro-state, one anti-state (really more pro-public). In his new copyright article, Howard Zaharoff discusses the Court's rulings in Georgia v. Public.Resource.Org Inc. and Allen v. Cooper, Governor of North Carolina. The state loss was Georgia v. Public.Resource.Org. Inc. (decided April 27, …

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PPP Update: Treasury Department Releases New Regulations Related to PPP Forgiveness 

  As we have previously reported, a recipient of a Paycheck Protection Program (“PPP”) loan may be excused from the obligation to repay the loan if certain “Forgiveness Criteria” are met. On Friday, May 22, 2020, the Treasury Department released two Interim Rules that detail those Forgiveness Criteria: the Interim Final Rule on Loan Forgiveness, and …

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Massachusetts Office Spaces Are Authorized to Re-Open: A Report From the Field

  On May 18, 2020, Massachusetts Governor Charlie Baker implemented “Phase I: Start” of the Commonwealth’s phased economic re-opening plan. A component of the Phase I: Start plan authorizes office worksites, outside Boston, to re-open to limited operations as early as May 25, 2020 (Boston offices are authorized to re-open as early as June 1, 2020). Since the Governor’s announcement, …

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Massachusetts Governor Announces Phase 1 of Re-Opening Plan: Certain Non-Essential Businesses are Authorized to Recommence Operations Today

On May 18, 2020, Massachusetts Governor Charlie Baker released clarifying details with respect to the Commonwealth’s Four-Phase Approach to the re-opening of the Massachusetts economy. All published details regarding the Four-Phase Approach are now aggregated and contained on a newly created government website (the “Re-Opening Website”). Massachusetts employers must familiarize themselves with the information, and comply with the legal requirements, …

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Treasury Department Releases PPP Loan Forgiveness Application Form: Technical Aspects of PPP Loan Forgiveness Explained, But Questions Remain

  Under the CARES Act, a recipient of a Paycheck Protection Program (“PPP”) loan may be excused from the obligation to repay the loan if certain “Forgiveness Criteria” are met. On Friday, March 15, 2020, the Treasury Department released the Paycheck Protection Program Form Loan Forgiveness Application (the “Forgiveness Application”). The Forgiveness Application is the first articulation …

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Paycheck Protection Program Update: What the Question 46 Guidance Means for Recipients of PPP Loans Under $2 Million

  As we have previously reported, on May 13, 2020, the Treasury Department and the Small Business Administration (the “SBA”) released new guidance, embedded in a Frequently Asked Questions memorandum, that relates to the "economic necessity" requirement for Paycheck Protection Program (“PPP”) loans (the “Question 46 Guidance”). The Question 46 Guidance may be found here. Of particular note:  The Question …

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Treasury Department Announces Safe Harbor for PPP Borrowers with Loans of Under $2 Million

  The Treasury Department announced new guidelines that relate to the "economic necessity" requirement for Paycheck Protection Program loans. Differing from the original guidelines, the updated guidelines appear to indicate that the Treasury Department, as a matter of administrative policy, will not subject a PPP borrower with a loan amount of under $2 million to an …

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Massachusetts Governor Outlines Four-Phase Re-Opening Plan

On May 11, 2020, Massachusetts Governor Charlie Baker announced a broad government strategy to mitigate continuing health risks and economic distress caused by COVID-19. The core elements of the strategy include: A four-phase approach to the re-opening of the Massachusetts economy; and Mandatory workplace safety standards. The announcement provides a conceptual framework for the obligations …

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