September 16-30, 2011

September 16, 2011 - September 30, 2011

Lead Stories

Creditors May Sue Directors For Breach of Duty Before Bankruptcy

Court reverses trial court, allows case to proceed on claims of lack of good faith, fraud in deepening insolvency

Members of Sorority May Sue Directors for Breach of Duty

Court affirms dismissal of claim against foundation for lack of jurisdiction

Employee’s Stipulation for Dismissal Precludes Claim for Indemnification

Woman’s assault claim against nonprofit and employee was dismissed, along with all claims, “direct or indirect”

Nonprofit Law YOU Want to Know

We regularly feature answers to questions from readers in our “To the Point” column. The full list can be viewed on the site.

Issue Notes

To the Point

Must dissolving nonprofit transfer assets to another charity?

If a nonprofit corporation dissolves and transfers/donates its net remaining assets to another charity, do the board members of the dissolving nonprofit get a tax deduction for the transfer/donation?

Lessons from Litigation

Charities sued to recover payment for mineral leases

When may insurer apply “insured vs. insured” exclusion?

Tax Matters

Delayed gift to charity still deductible

Employment Law

Statements questioning medical leave are basis for suit

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

September 16-30, 2011