Corporate & Commercial

On January 6, 2020, the SBA published its 26th Interim Final Rule (the First Draw PPP IFR) and 27th Interim Final Rule (the Second Draw PPP IFR)[1] with respect to the Paycheck Protection Program (PPP), as reauthorized and modified under Title III (cited as the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the Economic Aid Act)) of Division N of the Consolidated Appropriations Act, 2021.  The PPP was originally enacted under…
As previously discussed here, LIBOR (the London Inter-Bank Offered Rate) is an interest rate benchmark that is used as a reference rate for a wide range of financial transactions. It is typically offered as a floating rate interest option for corporate borrowers in the US loan market. Corporate borrowers may pay interest on their loans based on LIBOR (typically, LIBOR plus a spread, or applicable margin). ICE Benchmark Administration (IBA), the administrator of LIBOR,…
Sometimes it is necessary to use a third-party trademark to refer to the owner of a trademark or its goods and services, and not to describe a particular good or service. Can this use result in trademark infringement? This second part of fair use of a trademark will examine the doctrine of nominative fair use, which regulates how third-party trademarks can be fairly and lawfully used by non-owners to refer to goods and services or…
On November 30, 2020, the United States Supreme Court heard oral arguments in Van Buren v. United States, which may resolve a circuit split on the extent to which the Computer Fraud and Abuse Act (CFAA) covers an employee’s alleged misappropriation of the employer’s information. Enacted in 1986, the CFAA imposes criminal penalties on a person who intentionally accesses a protected computer and obtains information “without authorization” or in a way that “exceeds authorized…

Corporate & Commercial Blogs