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

Should Your Organization Elect Under 501(h)?
Sole Member Bylaws Can Protect Founder of Nonprofit
Volunteer Contract Can Define Commitments
Classify: Employee or Independent Contractor?
E-mail Policies Can Reduce Risks of Liability
30 Key Issues on the Form 990: PR opportunities and traps for unwary
Commentary: Keep Charities Out of Politics
The Charges Against the Trump Foundation
Large Nonprofit Boards at "Eds" and "Meds" Should Increase Their Gender Diversity
Women Under-Represented on Boards Of Large Educational and Medical Institutions
University property leased for child care not exempt
Unsuccessful College Applicants Lack Standing to Sue in Admissions Scandal
State senator deemed “disqualified person” of charity
PA Updates Nonprofit Corporation Law
Governance—A Tale of Good Intentions
  1. Home
  2. Volume XXXV, No. 1

Volume XXXV, No. 1

February 17, 2025
Lead Stories

Animals Lose Again, Denied Standing to Sue for Rights

Court says habeas corpus law applies only to humans, not elephants

Boy Scouts May Sell Camp Held in 80-Year-Old Trust

Court says proceeds must be used for camping by local scout troops

Nonprofit HOA May Use Subchapter V To File Small Business Bankruptcy Plan

Court says HOA is “engaged in commercial or business activities” and may use simplified process for reorganization plan

Directors of Nonprofit Corporation Have No Fiduciary Duty to Members

Court dismisses case claiming that director breached fiduciary duty to member
Lessons from Litigation

Court may resolve church property dispute

EFO has apparent authority to bind nonprofit clinic

Nonprofit entitled to in-house attorney’s fees in state case

Nonprofit entity not victim of identity theft

501(c)(4) may be criminally tried in absentia

Employment Law

Whistleblower law protects disclosure to wrongdoers

No bias against man passed over for job he didn’t apply for

Employee may pursue bias claim on color, not race

Tax Matters

Tax Court denies deduction for facade easement

Conservation easement deduction cut 85%

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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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Here's what our readers say about Nonprofit Issues:
Thanks again for your excellent and helpful website - it's a wonderful resource for the non-profit community! --Stephanie H.

Thank you for your informative and keen advice on nonprofit matters. I believe it's a unique and concise place to get answers to this often wispy area called nonprofit. --Richard T. 

SAY THAT AGAIN?

April 24, 2025

As one of the 420,000 worldwide alumni of Harvard University’s various schools and colleges, I was invited to an upcoming “Conversation with President [Alan M.] Garber.”  The virtual event is scheduled for only half an hour, but we were all invited to submit questions.  The notice says the conversation will be “off the record.”

According to the Merriam-Webster Dictionary, “off the record” means “given or made in confidence and not for publication.”

With a program open to 420,000 people, does Harvard seriously think that what is said will be held in confidence and not published?

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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