March 16-April 15, 2011

March 16, 2011 - April 15, 2011

Lead Stories

Exec Without Insurance When State Challenges Pay

Court says policy exclusion of claims for wages, benefits, precludes coverage

State-Dissolved Church Not Liable For Note Executed in its Name

Court says new corporation with same name was not authorized to enter into transaction

Donor Has No Recourse When Advised Fund Dissipated

Despite finding of breach of duty, donor could not prove damages

Donors Denied Deduction For Gift to Advised Fund

Loans for son’s college tuition showed failure to give up control

Risk and Reward

Myths About Nonprofit Liability and Risk Management

Issue Notes

To the Point

Is this restraining order dismissal allowed?

One of our directors filed for a personal temporary restraining order against a member of our nonprofit corporation. The case was dismissed because neither party ever appeared in court. Now the director who brought the suit wants our Directors & Officers Insurance to pay his personal legal obligations. Can that be allowed to happen?

Lessons from Litigation

Charity may blame accountant for registration violation

Charitable use blocks dismissal of landlord’s bankruptcy case

Hiring lifeguard unable to lift 200 pound person is not negligent

Tax Matters

Charity officer can’t remove tax lien that damages credit

Charitable board service is evidence of residency

Employment Law

Pension claimants may seek to pierce corporate veil

Allegations of bad things not sufficient to show discrimination

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

March 16-April 15, 2011