What’s New

On June 3, 2020, the United States Senate passed the Paycheck Protection Program Flexibility Act (the “Act“), as passed by the House on May 27, 2020, amending certain aspects of the Small Business Administration Act and the Paycheck Protection Program (the “PPP“), created by Division A, Title I of the Coronavirus Aid, Relief, and Economic…

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On Monday, May 18, 2020, Massachusetts Governor Charlie Baker announced plans to cautiously reopen Massachusetts businesses in accordance with the previously announced Four-Phase Approach to Reopening Massachusetts.  Pursuant to the plans announced by Governor Baker, created in conjunction with the Reopening Advisory Board, the first phase of reopening Massachusetts is scheduled to go into effect…

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The Small Business Administration (the “SBA”) quietly released on Friday May 15th, the Paycheck Protection Program Loan Forgiveness Application (the “Application”). The instruction included as part of the Application provides borrowers with much needed guidance on how to calculate loan forgiveness under the Paycheck Protection Program (the “PPP”).  The instructions, in part, advise PPP borrowers…

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Pursuant to Division A, Title I of the Coronavirus Aid, Relief, and Economic Stability (“CARES”) Act, as amended, Congress, among other things, established a framework for the Paycheck Protection Program (the “PPP”). In the weeks and months following the signing of the CARES Act by President Trump, the Small Business Administration (the “SBA”) and the…

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On April 20, 2020, Massachusetts Governor Charlie Baker signed into law an act which adopts protections relating to evictions and foreclosures. The Act addresses three main topics: Commercial Evictions, Residential Evictions, and Foreclosures. Key provisions of the Act provide for the following:   Definitions – “Non-essential eviction”, an eviction: (i) for non-payment of rent; (ii) resulting…

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On April 3, 2020, Governor Charlie Baker signed an emergency bill into law which covers a comprehensive set of topics to address challenges facing municipalities and state agencies. Section 17 of House No. 4617 specifically addresses extending certain deadlines applicable to municipalities as well as applicants with respect to the permitting and approval process. Key…

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On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Stability (“CARES”) Act (the “Act”), as approved by the Senate on March 26, 2020, and the House on March 27, 2020. This article is intended to focus on those provisions of Phase 3 of the federal COVID-19 stimulus package relative to the…

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In an effort to mitigate the significant harm to commerce caused by COVID-19, several organizations including the American Land Title Association (“ALTA”), the Mortgage Bankers Association (“MBA”), and the National Association of Realtors (“NAR”) are rallying around the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2020 (the “SECURE Notarization Act”) to…

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As sectors of the US economy effectively shut down one by one in response to COVID-19, a quick review of those sectors and essential functions that remain open for business may be the better approach to measure where things stand. In the world of real estate and mortgage financing, certain transactions may be able to…

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The spread of COVID-19 has triggered economic turmoil and unprecedented government intervention into private industry. Business owners, lenders, landlords, employers and their respective counter-parties are reviewing the key terms of innumerable business arrangements and relationships impacted by current events. One common contract term that ordinarily draws little attention and is often relegated to the miscellaneous…

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