Nonprofit Issues

August 16-September 15, 2008

August 16, 2008 to September 15, 2008

Lead Stories

Insurer Must Defend All Claims If Any Is Covered by Policy

Carrier is not required to cover legal fees incurred before claim was tendered by insured

Parents May Not Waive Child’s Claim for Possible Injuries

Michigan court says it has no authority to uphold waiver; concurring judges call for change in the law

Lack of Members’ Approval Scuttles Sale of Facilities

Organization’s “survival plan” is ineffective without compliance with state law and bylaws

Ready Reference Page

New "Core Form" 990 Presents Revised Look for Nonprofit Finances

Form requires substantial additional disclosures, still retains numerous traps for the unwary

Your Legal Questions Answered

Acknowledgement letters for contributions, what are the rules?

I am an Assistant Treasurer of a charity and write the acknowledgement letters for contributions. I was under the impression we were required by law to give an acknowledgement. Is this a fact? I thought if the contribution were under $75, no acknowledgement was necessary. However, even if the gift is $5, I would acknowledge it.

Lessons from Litigation

Are donor names public information?

Thrift store not liable for parking lot attack

Donors’ son can’t recover property from Foundation

Employment Law

Court rejects “joint employer” claim under FMLA

Nonprofit’s confidentiality policy violates NLRA

Tax Matters

Provena Hospitals finally loses real estate exemption

November Webinar

Fiscal Sponsorship: For the Funders, Sponsors and the Sponsored
Wednesday, November 20, 2024
1:30-3:00 PM ET

Fiscal sponsorship is a time-honored method to spawn new charitable activity when the people with the vision and the energy to do the work do not have recognition of federal tax-exempt status.

It can function smoothly as an incubator of important new projects. Or it can function badly as a serious trap for the unwary.

This webinar will define fiscal sponsorship and discuss the most common types of sponsorship arrangements. It will discuss the advantages and disadvantages of each type and the special considerations for funders, sponsors, and the sponsored. It will review specific critical provisions of sponsorship agreements, particularly termination and exit issues.

Learn more and register

PA Bar Institute

Don Kramer's annual what's new and what's hot in nonprofit law. The presentation included discussion of:

* Federal tax law cases, including one to invalidate the requirement for Schedule B on the annual Form 990 for charities and one to challenge the prohibition on electioneering and substantial lobbying, and the request to require demographic information on boards of large public charities on the Form 990.
* Challenges to higher education, including federal taxes, unionization, new Title IX regulations, name, image and likeness issues, and challenges to diversity, equity and inclusion programs.
* Status of the new annual report requirement for Pennsylvania nonprofit corporations.
* Updates on charitable solicitation registration issues.
* Standing issues.
* Special issues with charitable trusts, including one holding that many minor breaches of fiduciary duty can add up to a significant breach of duty.
* Other interesting cases, including one holding that donor lists are not trade secrets subject to protection from use by a former fundraiser.

Buy now a nd listen at your convenience

Nonprofit bylaw review

Don Kramer will review and comment on your own current or proposed bylaws

Do your Bylaws reflect the way you actually operate? Do they protect the interests of those who should be protected? Do they spell out clearly how to deal with governance issues? Or do they create uncertainty for those who have to implement them?

Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

Learn more

New Subscribers can have full access to the entire website and all editions for 3 months for only $17.95.

Subscribe Today

Here's what our readers say about Nonprofit Issues:
Thanks again for your excellent and helpful website - it's a wonderful resource for the non-profit community! --Stephanie H.

Thank you for your informative and keen advice on nonprofit matters. I believe it's a unique and concise place to get answers to this often wispy area called nonprofit. --Richard T.

SAY THAT AGAIN?

October 29, 2024

Marketers love to make their prospects feel special. But they sometimes don’t seem to want you to think about what they say to do it.

I received two items recently that made me wonder what they were thinking.

I got a package of discount coupons in the mail that touted a “specially curated” set of offers. I thought they might have my personal interests at heart until I saw it was addressed to “Resident.”

I also got a text message saying that “Kellyanne Conway wants YOU and only YOU to know what the latest polling shows” about the Presidential election. I could click the link to read the “exclusive” memo.

And I will be the only one to know? Really? Do they really think the recipients are that stupid?

See our "Say That Again" collection

Special Report Available

Increasing Gender Diversity on the Boards of Nonprofit Eds and Meds: Why and How to Do It

This report provides a rare inside view on barriers women face to selection and success that are particular to nonprofit organizations and makes specific recommendations on how to improve the gender ratio.
Download the full report free

YOUR ONE-STOP PLACE FOR NONPROFIT LAW YOU NEED TO KNOW

Nonprofit Issues

August 16-September 15, 2008

Insurer Must Defend All Claims If Any Is Covered by Policy

Parents May Not Waive Child’s Claim for Possible Injuries

Lack of Members’ Approval Scuttles Sale of Facilities

New "Core Form" 990 Presents Revised Look for Nonprofit Finances

Acknowledgement letters for contributions, what are the rules?

Are donor names public information?

Thrift store not liable for parking lot attack

Donors’ son can’t recover property from Foundation

Court rejects “joint employer” claim under FMLA

Nonprofit’s confidentiality policy violates NLRA

Provena Hospitals finally loses real estate exemption

Sign-up for our weekly Q&A; get a free report on electioneering

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Nonprofit Issues

August 16-September 15, 2008

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