Handling the Non-Profit Workout/Bankruptcy
August 30, 2005
Last month, we discussed how to handle the non-profit workout/bankruptcy with an analysis of one of the largest not-for-profit bankruptcy cases even filed -- <i>In re: the National Benevolent Association of the Christian Church (Disciples of Christ) et al.</i>, (Bankr. W.D. Texas), Case No. 04-50948 (RBK). As we explained, the National Benevolent Association of the Christian Church (Disciples of Christ) (NBA) was founded in 1887 as a Missouri-based nonprofit corporation. Its mission was to provide services to disadvantaged families and others. Prior to bankruptcy, the NBA was the parent company of approximately 25 affiliated nonprofit entities that owned and operated 11 senior care facilities, four children's care centers, and three special care facilities in 12 states, among other things. We presented a great deal of analytical background on the nonprofit corporation and its path toward bankruptcy. This month, we discuss the bankruptcy case itself.
Inducement Theory In <i>Grokster </i>Leaves Unanswered Questions
August 18, 2005
In <i>MGM Studios, Inc. v. Grokster</i>, the Supreme Court decided that the defendants could be held liable for copyright infringement perpetrated by the users of their respective software. Rather than clarifying the "significant non-infringing use" standard from <i>Sony Corp. of America v. Universal City Studios, Inc.</i>, to determine whether the defendants could be held liable for distributing a product with knowledge that it could be used to infringe, the Court utilized an alternative approach of finding liability. Turning to common law precedent and patent law, the unanimous Court held that liability may be based on purposeful, culpable expression under an inducement theory of secondary infringement. While some of the potential implications of this decision can be predicted, the full effect will not likely be clear for some time.
<i>Grokster</i>: Money For Nothing
August 18, 2005
The recording industry was dancing to the sweet music of victory in June, when the U.S. Supreme Court unanimously ruled in its favor in <i>MGM Studios Inc. v. Grokster</i>. But a post-verdict depression may be on the way, if the results of <i>IP Law & Business</i>'s informal survey of 38 IP lawyers and professors are any indication.
Inside <i>Grokster</i>
August 18, 2005
The Internet industry has had a little time to sit back and examine the U.S. Supreme Court's decision in the <i>Grokster</i> case, pondering its true meaning and its impact on technology and software developers as well as the entertainment industry. In this virtual roundtable discussion, members of <i>Internet Law & Strategy</i>'s Board of Editors and other Internet law experts chime in with their thoughts. I think you'll find these comments insightful and raise the issues that the industry faces in the wake of <i>Grokster</i>.
'Unanimous' Vote In <i>Grokster</i> Has Split Views
August 18, 2005
The future direction of digital technologies was on the line when the U.S. Supreme Court heard arguments in March over peer-to-peer (P2P) file-sharing software. And few were predicting that the Justices would easily reach their decision. Given the difficult copyright law and policy issues in the case, it seemed highly unlikely that the Justices could all agree. But 3 months after oral arguments, the Court surprised many observers by issuing a unanimous decision ' at least as to the main holding.
CD: Research and Surveys: Marketing's Most Underutilized Tools
August 18, 2005
In our industry surveys and research are performed to address timely and relevant issues, trends and data meaningful to today's lawyers, marketers and industry professionals and to gather information on the best and brightest in the legal profession. While surveys attempt to capture current trends in business and attitudes and can be used to increase your business development knowledge, examine trends in the industry so you are two steps ahead of the game, research comes in many forms and is today's smartest way to gain competitive intelligence. Before the television ads, before the radio spots, before the magazine spreads, even before the colorful brochure, comes the research and surveys. Two key and often over looked components valuable to every marketing campaign.
CD: High-Powered Recruiting
August 18, 2005
Recruiting is War. The competition for candidates is intense -- law students, lateral associates, partners with business -- it's brutal. But some savvy firms, large and small, are using aggressive marketing tools and tactics to double, even triple their hiring success. Computer games and giveaways, differentiation and direct mail, micro-sites and mailers -- the sky's the limit, and expert marketers are working in close partnership with Hiring Partners and Recruiting Directors.
Steering e-Discovery's Course
August 03, 2005
A group of vendors, attorneys and other electronic-discovery services "consumers" hopes to use public input to develop a reference model that would help set e-discovery standards and guidelines.
