Denying Black Musicians Their Royalties Has a History Emerging Out of Slavery

Professors Olufunmilayo Arewa of Temple Beasley School of Law, and Matt Stahl of Western University examine racialized contracting and accounting in the recording industry. Their work traces the origins of industry-wide discriminatory practices back to the days when African American slaves were systematically oppressed, controlled, and denied their rights of ownership to any form of property, be it tangible or intangible.

New York Court of Appeals Holds No Bankruptcy Preemption of Lender Tort Claims Against Related Third Parties

The State of New York Court of Appeals has held that claims against non-debtor related parties, based on their actions to aid or induce Chapter 11 debtors to breach contractual loan covenants, were not subject to preemption under federal bankruptcy law.

Court Addresses Arbitration Provision in Connection With Post-Petition Debtor Contracts

In Woodbridge Wind-Down Entity v. Monsoon Blockchain Storage, the U.S. Bankruptcy Court for the District of Delaware (the “Court”) addressed the enforceability of an arbitration provision in connection with a post-petition contract entered into by the debtors and a non-debtor counterparty. The Court first concluded that Paragraph 22(B) did provide for the arbitration of disputes under the APA. However, the Court then found that the Addendum represented the parties’ actual intent and that its language controlled. In light of the Addendum’s unambiguous language, the Court concluded that the parties did not agree to arbitrate claims under the APA.

Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects

In a recent case, the United States District Court for the District of Massachusetts held that the completion of a multi-phase “improvement” to a condominium triggered the six-year statute of repose for the builder’s negligence and breach of implied warranty claims for the whole project, rather than each individual phase.