As elections approach in the United States, it’s a good opportunity for in-house counsel to remind board members, staff, and volunteers of tax-exempt organizations about the limitations that may apply to organizations’ lobbying and political activities.
Force majeure contracts are often not a big focus when nonprofit organizations negotiate contracts, except when they involve conferences, fundraisers, and other events. In the time of COVID-19, the importance of force majeure clauses has come to the forefront of contract negotiations and considerations.
When a claim arises due to potential litigation organizations often conduct an internal investigation to determine the underlying facts relating to the claim and what steps should be taken to mitigate the claim or prepare for litigation. This article provides an overview of three issues to consider when conducting internal investigations.
It's important for board members to understand and comply with their fiduciary duties, not only to protect the organizations they serve, but also because doing so insulates the board members from potential liability. This article overviews these responsibilities.
Nonprofit organizations based in the United States work hard to further their missions while navigating the complexities of the Internal Revenue Service (IRS) tax-exempt organization compliance. However, nonprofits must also be mindful of anticorruption responsibilities that apply to all corporations within and outside of the United States.
As nonprofit organizations in the United States launch fundraising initiatives for 2019, it’s a good time to remember that charitable fundraising is regulated in all 50 states, and charitable solicitation registration is required in 40 states (including Washington, DC).
I’ve been in-house now for about 12 years, including serving as general counsel for a well-known nonprofit organization. But, to my own surprise, I am back at a firm. However, nothing about it feels like a traditional law firm. In fact, I continue to be a general counsel, only now I am the outside general counsel for several nonprofit organizations, helping them all further great missions.
General Data Protection Regulation (GDPR) will become enforceable on May 25, 2018, after the expiration of the 2-year transition period. As companies prepare for compliance in anticipation of the enforcement date, nonprofits should also ensure that they are complying with GDPR if it applies to them.
Based on my experience advising 501(c)(3) tax-exempt organizations expanding across geographies, here are some practical things to consider before you put boots on the ground. These tips are intended to help organizations as they seek legal advice in the nonprofit world.