This article discusses consideration that should be given to guaranties in connection with loan modifications and effective methods for protecting the enforceability of a guaranty in the face of loan modifications.
On Dec. 1, 2025, the U.S. Supreme Court heard oral arguments in Cox Communications Inc. v. Sony Music Entertainment. The case turned on whether Internet Service Providers could be “contributorily liable for copyright infringement, when the provider knew that specific subscribers were using its service to flagrantly infringe and continued to supply those repeat infringers with service.”
This decision is a significant development for Subchapter V practice as it fills a notable gap in the law where courts and practitioners have had little guidance regarding the circumstances under which a committee should be appointed in Subchapter V cases.
If a bankruptcy court agrees with a debtor's argument that master leases are “severable,” then the debtor may reject lower-performing locations and retain the higher-performing locations. If the master lease is properly drafted, this outcome is avoided and, if the lease in its entirety is assumed, the landlord may continue to benefit from risk-spreading across multiple properties.
Notable recent court filings in entertainment law.
Bankruptcy law boomed at the end of 2025 and is expected to remain strong throughout 2026, but the reasons for the growth in activity are up for debate, with practitioners crediting global politics, COVID-19’s fallout and other factors.
New York is one of the first states to adopt laws to regulate artificial intelligence use in advertising and to strengthen post-mortem publicity rights regarding AI-generated replicas and “synthetic performers.” Given the state’s role as a bellwether for consumer-protection and advertising regulation, these new laws, combined with the state’s broader AI legislative framework, represent a shift toward transparency, consent and accountability.
A Chapter 7 trustee may pursue any claims or causes of action, including avoidance actions to challenge post-petition transfers of property of the estate, that are property of a debtor’s estate. In a recent decision in the case of In re Genger, the U.S. Bankruptcy Court for the Southern District of New York addressed the distinction between direct claims versus derivative claims in the context of a post-petition release.
Agreements among band members typically provide for who owns rights in a music group’s name when a founding member leaves and/or a new member joins. But what if there’s no intra-band agreement covering these scenarios? The two recent court decisions in this article offer potential outcomes.
These decisions continue the Article III judiciary’s effort to calibrate the proper scope of bankruptcy court power in cases involving sophisticated parties and prepackaged plans, dispensing with equitable mootness and ruling on the merits of appeals.
