Overview

This year’s live webcast of the 38th Annual Nonprofit Organizations Institute offers a flexible schedule of three partial days, combining key updates and sector trends each morning, with in-depth “Master Classes” and related interactive breakout discussions on the issues most relevant to your organization or practice. Hear from nationally recognized experts from private foundations, public charities, law, finance, and government discussing the latest tax, legislative and governance issues affecting nonprofit organizations. 

Join us a day earlier for the Nonprofit Organizations Fundamentals program - a perfect overview for new entrants and seasoned practitioners in the field, providing focused attention on core issues for both private foundations and charitable organizations.

This is sure to be engaging for longtime attendees and newcomers alike, and an online event you don’t want to miss!

Event Schedule

Program is subject to change.

  • Time
    Credit
    Subject
    Speaker
  • Wednesday Morning, Jan. 20, 2021
  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    1.25 hrs
    Nonprofit Sector Update, Part I

    Alexander L. Reid, Morgan, Lewis & Bockius LLP - Washington, DC

  • 9:45 am
    10-Minute Break

  • 9:55 am
    1.00 hr
    MASTER CLASS A: Governance and Fiduciary Issues for Charitable Organizations in the Age of Crisis

    Katherine Karl, The Humane Society of the United States - Washington, DC
    John Sare, Patterson Belknap Webb & Tyler LLP - New York, NY
    James P. Joseph, Arnold & Porter Kaye Scholer LLP - Washington, DC

  • 10:55 am
    45-Minute Break

  • MASTER CLASS A: DISCUSSION BREAKOUTS (Select One)
  • A1: Investment Fiduciary Issues
  • 11:40 am
    0.75 hr
    The Essential Elements of a Fiduciary’s Duties in Managing a Charity’s Investment Portfolio and Advanced Considerations during Economically Challenging Times
    Understand the essential elements of the fiduciary duties applicable to the management of a charitable organization’s investment portfolio, including under the Uniform Prudent Management of Institutional Funds Act, and explore advanced considerations arising during economic downturns. Being prepared for an economic downturn involves unique considerations for the fiduciaries responsible for overseeing a charity’s investment portfolio. Delve into common real world scenarios and practical considerations, including borrowing from endowments or otherwise restricted funds and temporarily adjusting appropriations from endowments.

    Kathleen (Katie) Gerber, Thompson & Knight LLP - Dallas, TX
    Danika Hudik Mendrygal, Mendrygal Law, PLLC - Dallas, TX

  • A2: General/State Law Fiduciary Issues
  • 11:40 am
    0.75 hr
    Governing in Crisis Mode: General/State Law Fiduciary Issues
    An internal crisis such as a finance director embezzling millions or an external crisis such as a global pandemic can create extremely challenging conditions for nonprofit organizations. Directors and officers must maintain fiduciary duty obligations as they govern through the crises. Review applicable fiduciary duties and hear tips for stewarding your organization through the storm.

    Susan K. Staricka, Staricka Law, PLLC - Austin, TX
    Nicola Fuentes Toubia, Fuentes Toubia, PLLC - Houston, TX

  • A3: Fundraising and Gift Acceptance
  • 11:40 am
    0.75 hr
    Fundraising, Gift Acceptance, and Donor Relations: Now vs. Before

    Jonathan S. Blum, Polsinelli PC - Dallas, TX
    Sara Hall, ALSAC/St. Jude Children's Research Hospital - Memphis, TN

  • A4: Bankruptcy and Restructuring
  • 11:40 am
    0.75 hr
    Bankruptcy and Restructuring
    Practical considerations for nonprofits impacted by their own financial distress or the financial distress of key partners (including donors, suppliers, and contract counterparties).

    Brian P. Guiney, Patterson Belknap Webb & Tyler LLP - New York, NY
    Jeffrey E. Sher, Fizer Beck - Houston, TX

  • 12:25 pm
    Break for Lunch—Presentations Resume at 12:55 p.m.

  • Wednesday Afternoon, Jan. 20, 2021
  • 12:55 pm
    1.00 hr
    MASTER CLASS B: Hard Don't, Soft Don't: Activity-Based Issues and Pressure Points
    A practical guide to navigating common operational issues. Consider varied activities and operations – grants and direct programmatic activities, strategic transactions, compensation arrangements and more – through both a legal and reputational lens. Gain insight on policies and procedures that promote organizational compliance, resilience and nimbleness. 

    Philip Hackney, University of Pittsburg School of Law - Pittsburg, PA
    Michelle Michalowski, PwC - Washington, DC
    Maura L. Whelan, Simpson Thacher & Bartlett LLP - New York, NY

  • 1:55 pm
    15-Minute Break

  • MASTER CLASS B: DISCUSSION BREAKOUTS (Select One)
  • B1: Public Charity Considerations
  • 2:10 pm
    0.75 hr
    Public Charity Considerations

    Laura E. Butzel, Patterson Belknap Webb & Tyler LLP - New York, NY
    Edward T. Chaney, Schell Bray PLLC - Chapel Hill, NC

  • B2: Private Foundation Considerations
  • 2:10 pm
    0.75 hr
    Private Foundation Considerations
    Private Foundations face unique challenges with compliance issues. Learn how to navigate the hard don'ts and soft don'ts for maximum flexibility, with a focus on taxable expenditures, private benefit, self-dealing and reputational risks.

    Erica Guyer, The Rockefeller Foundation - New York, NY
    Jennifer D. Rhoderick, Ernst & Young LLP - Indianapolis, IN

  • B3: Compensation
  • 2:10 pm
    0.75 hr
    Compensation Pitfalls and Traps
    Examine both common and complex issues in nonprofit compensation, including establishing reasonable compensation, compliance with new Section 4960, and COVID-related impacts.

    Bridget M. Weiss, Arnold & Porter Kaye Scholer LLP - Washington, DC
    James F. Wynn II, Quatt Associates - Washington, DC

  • B4: Form 990/990-PF and Considerations
  • 2:10 pm
    0.75 hr
    Forms 990 and 990-PF: Practical Considerations
    While the 990’s reporting relating to tax edicts (“hard don’ts”) occupy less than 10% of the Form, the bulk of the 990 (and parts of the 990-PF) explores the filer’s management practices and a wide array of its activities. The latter arenas are readily mined by the press, IRS and state regulators, and community stakeholders, and that reality informs the often-ignored “soft don’ts” that this session will address. 

    Jody Blazek, Blazek & Vetterling - Houston, TX
    Eve Borenstein, Harmon, Curran, Spielberg & Eisenberg, Washington, DC - Eve Rose Borenstein, LLC, Minneapolis, MN

  • 2:55 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Jan. 21, 2021
  • 9:00 am
    1.00 hr
    Nonprofit Sector Update, Part II: The Stimulus Programs and Beyond

    Doug Varley, Caplin & Drysdale, Chartered - Washington, DC

  • 10:00 am
    10-Minute Break

  • 10:10 am
    1.00 hr
    MASTER CLASS C: Commerciality
    How are non-profits intersecting with corporations and capital markets in new ways (via limited partnerships, joint ventures, investments and platforms to aggregate capital) designed accelerate impact and attract mainstream capital outside of philanthropy?

    Susan H. Mac Cormac, Morrison & Foerster LLP - San Francisco, CA
    Ruth M. Madrigal, KPMG LLP - Washington, DC
    David A. Shevlin, Simpson Thacher & Bartlett LLP - New York, NY

  • 11:10 am
    15-Minute Break

  • MASTER CLASS C: DISCUSSION BREAKOUTS (Select One)
  • C1: UBI and Sponsorship
  • 11:25 am
    0.75 hr
    UBI and Sponsorship

    Michaela J. Cromar, CliftonLarsonAllen LLP - Fort Worth, TX
    Caroline Waldner, Morgan, Lewis & Bockius LLP - Washington, DC

  • C2: Joint Ventures
  • 11:25 am
    0.75 hr
    Joint Ventures

    Ofer Lion, Seyfarth Shaw LLP - Los Angeles, CA
    Darren B. Moore, Bourland, Wall & Wenzel, P.C. - Fort Worth, TX

  • C3: Complex Organizational Structures/Hybrids
  • 11:25 am
    0.75 hr
    Complex Organizational Structures
    Discuss different arrangements involving both nonprofit and for-profit entities, reasons to consider a more complex structure, and managing the relationships between multiple entities. Review key tax and nonprofit legal issues as well as practical considerations that we have encountered in structuring and advising on these arrangements.
     

    David A. Levitt, Adler & Colvin - San Francisco, CA
    Samuel Greenberg, Ernst & Young LLP - Los Angeles, CA

  • C4: Impact Investing
  • 11:25 am
    0.75 hr
    Impact Investing

    Brittany Cvetanovich, Ropes & Gray - Chicago, IL
    Kevin Saunders, Accion - Cambridge, MA

  • 12:10 pm
    Break for Lunch—Presentations Resume at 12:40 p.m.

  • Thursday Afternoon, Jan. 21, 2021
  • 12:40 pm
    1.00 hr
    MASTER CLASS D: Advocacy, Activism, and Equity
    Discuss issues confronted by public charities and their private foundation donors in supporting social movements and advocacy. Topics will include grantmaking related to racial justice and DEI efforts; advocacy and activism vs. lobbying and civil disobedience; and political activity, particularly in connection with 501(c)(3)/501(c)(4) coalitions.

    Nishka Chandrasoma, Ford Foundation - New York, NY
    Kimberly Eney, The Fidelity Foundations - Boston, MA
    Christine L. Green, Leadership for Educational Equity - New York, NY

  • 1:40 pm
    15-Minute Break

  • MASTER CLASS D: DISCUSSION BREAKOUTS (Select One)
  • D1: Funding Equitably
  • 1:55 pm
    0.75 hr
    Funding and Operating with a Focus on Diversity, Equity, and Inclusion (DEI)
    Discuss the ways private foundations and public charities can operate, fund, and invest with a lens toward supporting diversity, equity, and inclusion.

    Zenna Elhasan, The Kresge Foundation - Troy, MI
    Kristy Bernard Tsadick, The William and Flora Hewlett Foundation - Menlo Park, CA

  • D2: Activism and Engagement by Charities
  • 1:55 pm
    0.75 hr
    Activism and Engagement by Charities

    Diara M. Holmes, Loeb & Loeb - Washington, DC
    Andrew Schulz, Arabella Advisors - Washington, DC

  • D3: Election 2020 Lessons Learned
  • 1:55 pm
    0.75 hr
    Election 2020 Lessons Learned: Techniques and Activities
    The 2020 elections brought new challenges for exempt organizations seeking ways to be involved while complying with their tax exempt status. This session will cover issues such as operating affiliated 501(c)(3)s, 501(c)(4)s, and political committees; guidance for 501(c)(3)s working with non-501(c)(3) organizations; special compliance issues for virtual electoral efforts; and how the rules governing election-related activity apply to disputes about election results after election day.

    John Pomeranz, Harmon, Curran, Spielberg + Eisenberg, LLP - Washington, DC

  • D4: Achieving an Equitable Workplace
  • 1:55 pm
    0.75 hr
    Achieving an Equitable Workplace

    Connie L. Cornell, Cornell Smith Mierl Brutocao Burton, LLP - Austin, TX
    Katrina Grider, U.S. Equal Employment Opportunity Commission - Houston, TX

  • 2:40 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Jan. 22, 2021
  • 8:00 am
    0.75 hr
    Texas Legislative and Public Policy Update
    The 2021 Texas Legislature regular session will present unprecedented issues and challenges for the state’s leadership and elected officials and will impact nonprofit organizations, state associations, foundations and social service groups in various ways. Two veteran observers of the political and public policy scene will preview legislative, regulatory and policy developments.

    Richard W. Meyer, Attorney at Law - Austin, TX
    Ross Ramsey, The Texas Tribune - Austin, TX

  • 8:45 am
    10-Minute Break

  • 8:55 am
    1.00 hr
    Year in Review
    Review current developments in the federal tax law concerning nonprofit organizations, with emphasis on recent legislation, proposed and final regulations, IRS rulings, and court opinions. Focus on qualification for tax exemption, application for recognition processes, private inurement and private benefit doctrines, public charity status, donor-advised funds, the commerciality doctrine, private foundation rules, governance, legislative and political campaign activity, unrelated business, joint ventures, charitable giving, and fundraising, with some constitutional law added.

    Bruce R. Hopkins, Bruce R. Hopkins Law Firm, LLC - Kansas City, MO

  • 9:55 am
    10-Minute Break

  • 10:05 am
    1.00 hr ethics
    MASTER CLASS E: Cybersecurity, Data Protection and Zoom

    John E. Ansbach, Stroz Friedberg - Dallas, TX

  • 11:05 am
    15-Minute Break

  • MASTER CLASS E: DISCUSSION BREAKOUTS (Select One)
  • E1: Practical Issues around Data Protection
  • 11:20 am
    0.75 hr
    Practical Issues Around Data Protection

    Cheryl M. Burtzel, Spencer Fane LLP - Austin, TX

  • E2: Liability Issues
  • 11:20 am
    0.75 hr
    Liability Issues

    Ashley M. Hunter, HM Risk Group - Austin, TX
    Leslie C. Thorne, Haynes and Boone, LLP - Austin, TX

  • E3: Work from Home/Cyber Commuting Issues
  • 11:20 am
    0.75 hr
    Cybersecurity and Data Protection Considerations in Work-From-Home Policies
    An overview of key issues to consider in developing or updating work-from-home policies as they relate to cybersecurity and data protection, including information fluidity, third party access to employee assets, Zoom and other platform security concerns, and more.

    Jason Boulette, Boulette Golden & Marin L.L.P. - Austin, TX

  • 12:05 pm
    10-Minute Break

  • 12:15 pm
    0.75 hr
    Investing in Equity Minded Leadership in Higher Education

    As we look to close racial, gender, economic and other equity gaps in higher education, we must also look to the role of leadership in meeting such aims. This session will cover how the Sloan Foundation is thinking about equity minded leadership and provide a sneak peek into forthcoming findings from a Sloan-funded study on the topic.

    Lorelle L. Espinosa, Alfred P. Sloan Foundation - New York, NY
    Elizabeth Holcombe, University of Southern California - Los Angeles, CA

  • 1:00 pm
    Adjourn

Credit Info

MCLE Credit
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion .

MCLE credit is presented based on a 60-minute credit hour.
Other Credit
No Additional Credit Information.
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and are presumptively approved by the Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Live Webcast – Jan 20-22, 2021
Register now
Live Webcast
Last day for cancellation (full refund): Jan 15, 2021

$50 processing fee applied after this date

Last day for cancellation: Jan 18, 2021

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