Litigation

The Federal Arbitration Act was enacted to require courts to enforce parties’ agreements to arbitrate disputes. More recently, the Supreme Court has said that “[t]he federal policy is about treating arbitration contacts like all others, not about fostering arbitration.” In bankruptcy cases, a recurring issue that litigants raise is whether a conflict exists between the FAA and the requirements of the U.S. Bankruptcy Code.

Notable recent court filings in entertainment law.

Despite a drop in fresh bankruptcy filings in Delaware, three law firms have launched three new Wilmington offices since the start of 2026, predicting a busy second half of the year given ongoing geopolitical turmoil and economic uncertainty.

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.