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Recent Posts

Massachusetts Court Says Online Terms of Service May Not Form Binding Contracts with Users

Massachusetts Court Says Online Terms of Service May Not Form Binding Contracts with Users

January 12, 2021 at 3:47 PM - online agreements,


Last week, the Massachusetts Supreme Judicial Court (SJC) issued a decision (Kauders v. Uber Technologies, Inc.) with serious implications regarding the enforceability of online agreements in the Commonwealth. This decision represents the first time the SJC has considered a substantive contract formation issue within the context of online agreements. By concluding that online contracts must meet the same standards of formation that exist for traditional contracts under MA law, the SJC’s decision will effectively require companies to reevaluate the way they present terms of service on website and mobile applications, if they wish for them to be enforceable in MA.

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More Paycheck Protection Program Funds Available

More Paycheck Protection Program Funds Available

January 5, 2021 at 2:14 PM - COVID-19,

In December, Congress convened to discuss the federal government’s 2021 operating budget, resulting in the passage of the Consolidated Appropriations Act, 2021 (the “Act”) on December 27th. Nestled within its nearly 6,000 pages was a second COVID-19 stimulus package providing approximately $900B in pandemic aid, including a renewal of the Paycheck Protection Program (PPP) that was originally established under the CARES Act last Spring.

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PPP Application Deadline Extended

PPP Application Deadline Extended

July 9, 2020 at 8:34 AM - CARES Act,

Last week, the Paycheck Protection Program (PPP) application deadline was extended from June 30, 2020 to August 8, 2020. According to reports from the Small Business Administration, the government agency that administers the PPP loans, approximately 4.9 million loans totaling over $520 billion have been approved, with about $130 billion in funding remaining to help small businesses. Congress is currently debating whether small, harder-hit businesses should be allowed a second round of funding under the program.

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Paycheck Protection Program - Latest Updates

Paycheck Protection Program - Latest Updates

June 16, 2020 at 11:04 AM - CARES Act,

Since our last update, there have been several important changes to the Paycheck Protection Program under the CARES Act. On June 5th, Congress passed the Paycheck Protection Program Flexibility Act (PPFA), effectively amending the PPP by modifying certain provisions related to loan forgiveness and loosening guidelines for borrowers. Also, in an on-going effort to support PPP borrowers, the Treasury Department has issued additional guidance, including new interim final rules and additional FAQs.

Below are the key points of each:

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More Guidance on the Paycheck Protection Program

More Guidance on the Paycheck Protection Program

May 8, 2020 at 3:18 PM - coronavirus,

Although the Paycheck Protection Program (PPP) received additional funding on April 24th, many small businesses impacted by the COVID-19 health crisis still report difficulty with navigating the application process. The Treasury Department has responded by issuing more PPP-related guidelines and information on its CARES Act assistance page.

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Additional Funds for the SBA's Paycheck Protection Program

Additional Funds for the SBA's Paycheck Protection Program

April 24, 2020 at 1:36 PM - coronavirus,

When the federal government announced the Paycheck Protection Program (“PPP”) several weeks ago, making available $349 billion for loans to small businesses impacted the COVID-19 health crisis, borrowers scrambled to submit loan applications in accordance with the “first-come, first-served” process. On April 16th, PPP funds were depleted, leaving many small businesses empty-handed. In response to the continued need, the government has approved additional funds for both the PPP and the SBA’s other loan program that can be used to reduce the impact of COVID-19, the Economic Injury Disaster Loan Program ("EIDL Program”).

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FAQ's issued by the SBA and U.S. Treasury Dept. for Paycheck Protection Program

FAQ's issued by the SBA and U.S. Treasury Dept. for Paycheck Protection Program

April 9, 2020 at 6:09 PM - COVID-19,

As previously shared, the SBA’s Paycheck Protection Program under the CARES Act makes available $349 billion for loans to small businesses to help prevent their collapse during the COVID-19 public health crisis. Since the launch of the Program, the SBA has released a formal application, as well as two interim rulings about the Program (see rulings one and two here). Despite these efforts, many small businesses remain confused about the Program, including the application process itself.

In an effort to provide more clarity, the government has released a set of frequently asked questions (“FAQs”) which address a variety of topics, including the following:  

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Application and Guidance Now Available for SBA Paycheck Protection Program

Application and Guidance Now Available for SBA Paycheck Protection Program

April 3, 2020 at 12:18 PM - COVID-19,


Since announcing the Paycheck Protection Program, a component of the Coronavirus Aid, Relief and Economic Security Act or CARES Act, the Small Business Administration (SBA) has released both the loan application and additional guidance for prospective borrowers. The Program makes available $349 billion for loans to small businesses to help prevent their collapse during the COVID-19 public health crisis. 

If you intend to apply for a loan under the Paycheck Protection Program (the “Program”), it is essential that you begin taking steps to do so NOW, including familiarizing yourself with the following key SBA updates:

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