February 1-29, 2012

February 1, 2012 - February 29, 2012

Lead Stories

D & O Insurance Doesn’t Defend Against Request for Injunction

Policy covers only claims for “money damages,” not member’s effort to stop sale of nonprofit theater

Court Dismisses Defamation Suit In Election for Radio Station Board

Anti-SLAPP law protects speech in member’s campaign on public issue

Commercial Liability Policy Doesn’t Protect Against Claim by Volunteer

“Employee” exclusion applies to death of member helping association load tractor pull sled

Ready Reference

IRS Says No Need for More Reform On Donor Advised Funds, Supporting Orgs

Report says present rules on deductions, payout rates, and time when gifts are complete are all appropriate

Issue Notes

To the Point

Must start up 501(c)(3) nonprofit file articles of incorporation in each state?

I am starting a nonprofit organization for refugees. Is there a national Articles of Incorporation form to file, or would I have to fill one out for each state?

Lessons from Litigation

Attorney’s “charging lien” trumps hospital’s lien for services

Local church prevails over national in property dispute

Tax Matters

Tax Court denies deduction for terminable conservation easements

Gifts from estate by administrator not deductible

Employment Law

Hospital thrift shop manager may sue for retaliation

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

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February 1-29, 2012