August 16-31, 2011

August 16, 2011 - August 31, 2011

Lead Stories

Court Directs Use of Cy Pres To Change Terms of Charitable Gift

Individuals, nonprofit and state had all agreed to unravel impractical restrictions on donation

Social Security Benefits Don’t Count For Permitting Gifts in Bankruptcy

15% limit for charitable contributions is based on gross annual income without social security

Scout Leader Protected By Volunteer Protection Act

Court dismisses negligence claim against father of scout accused of sexual abuse

Ready Reference

Charity Fundraisers Raise Many Legal Issues

From preparation, through running the event, and reporting the results careful lawyering can reduce the risks of liability and embarrassment

Issue Notes

To the Point

Commingling funds from a 501(c)(3) and 501(c)(7)

I am a board member of a 501(c)(3) charitable nonprofit wholly controlled by a 501(c)(7) tax-exempt social club. We are concerned about the issue of commingling funds. What are the key points for us to keep in mind?

Lessons from Litigation

Insurer has duty to defend against assault claim

Questions about federal exemption not basis for removal of case

Pastor’s prosecution for theft is not excessive entanglement

No smoking ordinance may be applied to private club

Tax Matters

Support of for-profit affiliates costs nonprofit real estate tax exemption

Employment Law

Founder’s status does not prevent suit for failure to stop harassment

Agency employees "engaged in commerce" covered by FLSA

May Webinar

Getting Beyond a
Semi-Functional Board
Wednesday, May 14, 2025
1:30-3:00 PM ET

Do you have a rockstar board?

Or does it limp along listlessly performing the minimum necessary to keep the organization going? Pushed by the CEO because no one on the board wants to be responsible for leadership.

Most boards are somewhere in between. Functional perhaps, but not fully functional. More like what you would call semi-functional.

This webinar will help you get beyond a semi-functional board. By acting intentionally at every step of the governance process, you can improve your organization’s capacity, resilience and effectiveness.

Learn more and register

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

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SAY THAT AGAIN?

April 21, 2025

Those old enough to remember what it meant to say a story appeared “above the fold” on the front page of a newspaper may appreciate this story. People used to want to place stories above the fold because readers would at least glance at the story in the top half of the page that was visible when they picked up the paper before they looked at stuff that was below the fold and not immediately visible.

The printed version of the Philadelphia Inquirer had a four column picture and article about Pope Francis on the day after Easter that was written and printed before the Pope had died but seen by morning readers after his death had been widely reported. The fold divided the two-line headline so only the top line was visible. The top line said: “Pope meets Vance, then”

We can only imagine what readers were thinking before they flipped the page to read: “decries ‘the logic of fear’”

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

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August 16-31, 2011