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

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-September 15, 2010