August 16-September 15, 2010

August 16, 2010 - September 15, 2010

Lead Stories

Diocese’s Pooled Investment Fund Available to Creditors in Bankruptcy

Diocese held funds in trust for many organizations but could not precisely trace the separate investments

News Flash: Insured Must Read Policy Upon Receipt

Failure to read “insured vs. insured” exclusion precludes summary judgment against agent

Faction Within Nonprofit Can’t Hire Lawyers for Entity

Court must strike pleadings filed by attorneys who can’t prove authority to act for corporation

Ready Reference

Educational Institutions Not Totally Exempt From State Charitable Solicitation Registration

Many schools don’t realize that they, and their related foundations, are required to register, or apply for exemption, under a lot of state laws

Issue Notes

To the Point

May creditor sue charity as "alter ego" of debtor?

A person who claims I owe him money has filed a lawsuit against my California charity in an effort to recover the claim. He alleges that the charity is an "alter ego" for me personally (which is untrue) and that entitles him to the money in the charity. Is this legal?

Lessons from Litigation

May Deli give employees’ tips to charity?

Members may sue directors for waste in paying themselves fees

Tax Matters

Bluetooth group not entitled to (c)(6) status

One-man sperm bank not charitable

Employment Law

Elder may sue pastor for distress, church for negligent supervision

Common Employee Manual may link employers for Title VII jurisdiction

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

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

August 16-September 15, 2010