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

April Webinar

IRS Form 990: Public Relations Opportunity or Trap for the Unwary?

Wednesday, April 9, 2025
1:30-3:00 PM ET

Because Form 990 tax information returns are instantly available to anyone anywhere at any time on the Internet, they can be a nonprofit organization's most important public relations document.

They can also be traps for the unwary that lead to confusion, serious adverse publicity, media inquiries, and governmental sanctions.

This session will explore the full (long form) Form 990 from the perspectives of the organization, a potential donor or employee, and a regulator. It will discuss the most common errors and best practices for using the Form as a tool to further the organization's mission.

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?

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

August 16-31, 2011