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September 2026
Welcome
Welcome to readers of Making the Connection!   
In this issue, you will find: 
  • In Focus : What can we learn about family business conflicts from Baker Mayfield?
  • Question of the Month, discussing music copyrights
  • Case On Point, interpreting the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
  • At the Podium, listing my speaking engagements and public appearances

In Focus
What can we learn about family business conflicts from Baker Mayfield?
People tend to go into business with friends and family members.  Often, wealthy family members invest their money rather than their time in these ventures.  Or, they entrust friends or family members to manage their financial and business affairs. The participants assume they can trust each other, and often do not document or monitor these transactions or enterprises. 
Sometimes, this trust is misplaced, and investors or other participants learn that their investments or assets have been diverted or mismanaged. This can result in litigation and estrangement. Feuding family members may stop socializing and attending family events, and other family relationships can be affected.
Heisman Trophy winner and NFL quarterback Baker Mayfield found himself in this position.  He invested in a business managed by his father and brother, and learned that they diverted millions of dollars to themselves. Mayfield filed suit, and the parties engaged in a mediation resulting in a settlement where Mayfield was to be compensated for his losses.  When the settlement agreement was not honored, Mayfield brought suit to enforce it.  
When Mayfield and his wife had children, they decided that repairing the damaged family relationships was more important than enforcing the agreement.  Mayfield dismissed the lawsuit, forgave the debt, reconciled with his family and introduced his children to their grandparents. Of course, not everyone in Mayfield's position would be willing or able to make such a decision.  His situation illustrates the importance of clarity, transparency, accountability and diligence when entering into business arrangements, especially where personal relationships are involved. 

Question of the Month
This month's question was posed by my son and amateur saxophonist Jeremy Pomerantz: 
Q: Does it violate a music author's copyright to transcribe an audio recording of a song into sheet music for one's own use?

A:  Yes, sheet music is a derivative work of the original composition, and the copyright owner's permission is required, Creating one's own sheet music would not be considered "fair use" because it reduces the potential demand for authorized published sheet music. 
Case On Point
C. N. v. Sigma Delta Tau Society
(N.Y. App. Div, 2d Dept. 2026)

Plaintiff, a student at SUNY Cortland, joined Sigma Delta Tau Sorority. According to her complaint, the sorority required its members to attend a party hosted by a fraternity. Alcohol and other intoxicating substances were served at the event.  Plaintiff partook, and became inebriated.  She alleged that she was sexually assaulted by a fraternity member and sued the sorority for negligence, claiming that it failed to supervise and protect its members.
The sorority moved to compel arbitration in accordance with the arbitration provision in the contract signed by plaintiff when she joined the sorority.  The trial court granted the motion and plaintiff appealed, claiming that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 precluded enforcement of the arbitration provision in this case. In relevant part, that federal statute provides: “Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute, . . . no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.”
In reversing the trial court's decision, the Appellate Division found that plaintiff's allegations involved a "sexual assault dispute",  defined in the statute as as a “dispute involving a nonconsensual sexual act or sexual contact" and that the claim against the sorority related to that dispute. 

At the Podium
This is a listing of speaking engagements, workshops, events and other public appearances.  To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.    
    
  • On October 23, 2026, I will speak on Building Cultural Flexibility to Negotiate and Mediate in Diverse Settings at the Colorado Bar Association's 20th Annual ADR Conference .  Visit www.cobar.org for information and registration.   I will also present at this topic on October 8, 2026 at the 2026 New York State Dispute Resolution Association Annual Conference. Visit www.nysdra.org for information and registration. 

  • On October 29, 2026, I will speak on Dealing with Hidden Conflicts in Mediations and Arbitrations at the 2026 virtual Annual Conference of the Association for Conflict Resolution. Information and registration are available at www.acrnet.org. 

80 Orville Drive, Suite 100 | Bohemia, NY 11716
www.lisapom.com
© 2026, Lisa Renee Pomerantz. All rights reserved.



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