Technical Questions?
512.475.6700
service@utcle.org
- System Test
-
$925 Add to Cart
The Institute offers in-depth discussion on the issues most relevant to your organization or practice.
Includes: Audio Paper Slides
- Total Credit Hours:
- 31.75 | 1.00 ethics
- Credit Info
- TX, CA, PA
- TX MCLE credit expires: 1/31/2026
Preview Sessions
Show session details
Kimberly Eney, Alexander L. Reid
Download session materials for offline use
Session 1 —58 mins 1.00
View of the Nonprofit Sector (Feb 2025)
There is much to discuss. The 2017 Tax Cuts and Jobs Act is about to expire, and extending it costs $4.6 trillion, but the federal debt already exceeds $35 trillion, so Congress is thirsty for cash. Meanwhile, Treasury and the IRS are rewriting the way in which donors, investment advisors, and sponsoring organizations work together on donor advised funds. For its part, the judiciary is busily reinterpreting statutes without deference to executive agency authority to answer fundamental questions like how much unrelated activity a social welfare organization may undertake before losing its tax-exempt status.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Kimberly Eney,
Loeb & Loeb LLP - Washington, DC
Alexander L. Reid,
Baker & Hostetler LLP - Washington, DC
Show session details
Sasha Abrams, Ruth M. Madrigal
Download session materials for offline use
Session 2 —60 mins 1.00
Demystifying the IRS, Treasury, and the Tax Legislative Process: Everything You Want to Know (But Were Afraid to Ask) (Feb 2025)
This session breaks down the key players and their roles at the IRS and Treasury, explores the issues we anticipate in 2025, and offers practical guidance on how charities can effectively impact the federal tax rules governing their operation. Whether you’re new to navigating these federal agencies or looking to deepen your understanding, this discussion should illuminate the critical institutions that regulate our sector.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Sasha Abrams,
Gordon and Betty Moore Foundation - Palo Alto, CA
Ruth M. Madrigal,
KPMG LLP - Washington, DC
Show session details
Andrew C. Clearfield, Thomas C. Schroeder
Download session materials for offline use
Session 3 —45 mins 0.75
Governance, Board Issues and General Fiduciary Duties (Feb 2025)
Explore important legal requirements and best practices for the governance of nonprofit organizations, including key organizational documents and policies, core fiduciary duties, and applicable state and federal tax laws.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Andrew C. Clearfield,
Fizer Beck - Houston, TX
Thomas C. Schroeder,
Davis Wright Tremaine LLP - Seattle, WA
Show session details
Brittany Cvetanovich, Alison Looman
Download session materials for offline use
Session 4 —46 mins 0.75
Negotiating Investments, Documenting Prudence – Legal Issues for Impact and Other Investments (Feb 2025)
Examine some practical approaches to core legal issues charitable organizations face in both impact and other investments, addressing how legal teams can support the organization’s economic and impact goals through effective diligence and negotiation with the investment target. Also, hear discussion on the applicability of UPMIFA’s prudence standard to endowment, mission-related, and program-related investments, and the critical role of effective investment policies and procedures.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Brittany Cvetanovich,
The Ohio State University - Columbus, OH
Alison Looman,
Ford Foundation - New York, NY
Show session details
Joel Beck-Coon, Jorge Lopez, Susan H. Mac Cormac, Casey Oetgen
Session 5 —45 mins 0.75
Corporate Vehicles and Structures for Impact (Feb 2025)
Given that philanthropic capital represents less than .25% of the capital markets, if we are going to make any positive progress in the next two decades on the most pressing issues – from climate change to health care to inequality – then corporate actors will need to become vested in solutions, specifically by employing new corporate forms (e.g. Vital Farms PBC/Generate PBC), side car public charities (e.g. Carbon Mapper/Flexport.org) and perpetual purpose trusts (e.g. Patagonia, Meta). Review each of these new forms and discuss how and when they can be used most effectively.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Joel Beck-Coon,
Chan Zuckerberg Initiative - Palo Alto, CA
Jorge Lopez,
Builders Vision - Chicago, IL
Susan H. Mac Cormac,
Morrison & Foerster LLP - San Francisco, CA
Casey Oetgen,
Morgan, Lewis & Bockius LLP - New York, NY
Show session details
Joel Beck-Coon, Jorge Lopez, Susan H. Mac Cormac, Casey Oetgen
Download session materials for offline use
Session 6 —45 mins 0.75
Hybrid/Tandem Structuring and Impact Financing (Feb 2025)
There are a myriad of ways that non-profits and for-profits can operate collaboratively together - through ownership, contractual relationships and governance. Panelists review the various forms, give examples and provide an analysis of what has worked and what has not as these structures have been evolving over the past 25 years, increasingly (although not always effectively) entering the mainstream. Explore use of hybrid/tandem structures to aggregate capital, deploy capital and operate assets - and hear advice on pitfalls to avoid when structuring and drafting.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Joel Beck-Coon,
Chan Zuckerberg Initiative - Palo Alto, CA
Jorge Lopez,
Builders Vision - Chicago, IL
Susan H. Mac Cormac,
Morrison & Foerster LLP - San Francisco, CA
Casey Oetgen,
Morgan, Lewis & Bockius LLP - New York, NY
Show session details
Darren B. Moore, Susan Vignola
Download session materials for offline use
Session 7 —94 mins 1.50
Understanding Your Governing Documents and Organizational Policies: What They Say, What They Don’t, and What They Should (Feb 2025)
An overview of the essentials for governing documents and organizational policies before exploring emerging trends in nonprofit governance and policies, focusing on how an organization might use internal and external policies and documents to advance mission; position itself on and pursue important public and social issues or events (or not), whether equity, immigration, environmental advocacy, education reform, or other issues of social concern; encourage flexibility and nimbleness; and further and enhance compliance culture.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Darren B. Moore,
Bourland, Wall & Wenzel, P.C. - Fort Worth, TX
Susan Vignola,
Patterson Belknap Webb & Tyler LLP - New York, NY
Show session details
Effie Babb, Meghan R. Biss
Download session materials for offline use
Session 8 —89 mins 1.50
Advanced Issues in Self-Dealing (Feb 2025)
Private foundations are subject to strict rules governing their activities. In particular, the rules regarding self-dealing are complex and failure to comply can lead to steep penalties for the self-dealer and foundation managers. Discuss more complex self-dealing scenarios beyond the run-of-the-mill compensation and leasing scenarios, work through hypothetical scenarios, provide practical advice for foundations on planning, and discuss how these issues may be viewed under an IRS audit.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Effie Babb,
Hillspire, LLC - Menlo Park, CA
Meghan R. Biss,
Loeb & Loeb LLP - Washington, DC
Show session details
Danika H. Mendrygal, Chris Bugbee, Chris Hensman
Download session materials for offline use
Session 9 —43 mins 0.75
Disaster Relief for Everyone: Utilization of Collaboration (Feb 2025)
The panelists share stories of collaborative successes and failures in facilitating disaster relief, and address collaboration as between philanthropy (with an emphasis on funders) and the public and private sectors.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Danika H. Mendrygal,
Mendrygal Law, PLLC - Dallas, TX
Chris Bugbee,
OneStar Foundation - Austin, TX
Chris Hensman,
Housing Partnership Network - Houston, TX
Show session details
Emily Fan, Kristen M. Gurdin, Jennifer Shipp, Ellen D. Willmott
Download session materials for offline use
Session 10 —59 mins 1.00
GC Roundtable: Are You Ready? (Feb 2025)
Explore in-house counsel’s role in diagnosing and improving organizational readiness. Every organization is likely to face challenges and change--from organizational leadership transitions, to cybersecurity attacks and HR scandals—what capacities are needed to foster resilient institutions and what is legal’s role?
Originally presented: Jan 2025 Nonprofit Organizations Institute
Emily Fan,
The David and Lucile Packard Foundation - Los Altos, CA
Kristen M. Gurdin,
Wellspring Philanthropic Fund, Inc. - New York, NY
Jennifer Shipp,
Heising-Simons Foundation - Los Altos, CA
Ellen D. Willmott,
Doctors Without Borders USA - New York, NY
Show session details
Carrie Trowbridge, Caroline Waldner
Download session materials for offline use
Session 11 —43 mins 0.75
Making Sense of the Donor Advised Fund Regulatory Landscape (Feb 2025)
Discuss the aspects of the proposed donor advised fund regulations issued by the Treasury Department in 2023 that received the most attention from the sector as well as linkages between the proposed regulations and perceptions of donor advised funds among legislators, regulators, and members of the public.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Carrie Trowbridge,
New York Community Trust - New York, NY
Caroline Waldner,
Morgan, Lewis & Bockius LLP - Washington, DC
Show session details
Corbin Morris, Maura L. Whelan
Download session materials for offline use
Session 12 —45 mins 0.75
Aligning Structure to Strategy: Direct Charitable Activities, Recoverable Grants, & Funding Intermediaries (Feb 2025)
Long gone are the days when foundations simply make grants to public charities. For many, program teams collaborate with grantees on the ground, external advisors, and a diverse set of funders to co-develop projects, establish coalitions, flex the boundaries of traditional grants, and pivot strategy in real time. Modern foundations are funders and doers—and require flexible tools to match. This panel highlights the legal and practical considerations of meeting program teams where they are and supporting legal structures that follow and enhance strategy.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Corbin Morris,
The Walton Family Foundation - Washington, DC
Maura L. Whelan,
Simpson Thacher & Bartlett LLP - New York, NY
Show session details
Diara M. Holmes, Damon James
Download session materials for offline use
Session 13 —45 mins 0.75
Testing Boundaries: Examining the Illegality, Public Policy and Private Benefit Doctrines (Feb 2025)
Hear a brief discussion of the statutory basis, seminal court cases, and IRS guidance in areas such as civil disobedience/protest and discrimination. Examine recent applications of these authorities in some issue areas where boundaries are being tested and new precedents are in the making—for example, medical cannabis-related laws and rulings, questions around funding travel for abortion care in a post-Dobbs landscape, and race-conscious grant-making post-Fearless Foundation. And explore the IRS GLAM disapproving of nonprofit NIL collectives and other recent applications of the private benefit doctrine.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Diara M. Holmes,
Loeb & Loeb LLP - Washington, DC
Damon James,
The David and Lucile Packard Foundation - Los Altos, CA
Show session details
Stephen M. Clarke, James F. Wynn II
Download session materials for offline use
Session 14 —47 mins 0.75
Compensation and Benefits: Setting, Paying and Disclosing (Feb 2025)
This session provides tips to tax-exempt organizations for avoiding compensation setting and reporting traps, including Section 4958 excise tax, Form 4960 excise tax, and inaccurate or unnecessary Form 990 disclosures.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Stephen M. Clarke,
Ernst & Young LLP - Washington, DC
James F. Wynn II,
Quatt Associates - Washington, DC
Show session details
Sara Hall, Natalie Malone, Nazli Tamer
Download session materials for offline use
Session 15 —95 mins 1.50
Content Strategy and Branding for Nonprofits (Feb 2025)
Explore the profound shifts happening in the charitable marketing landscape and how you can be better prepared to add value and strengthen the position of your nonprofit’s brand. The rapid advancements in AI technology, new and emerging changes in information consumption habits and personalization have created opportunity and risk. As we all adapt to the changing environment, what should we be looking out for and what can we do?
Originally presented: Jan 2025 Nonprofit Organizations Institute
Sara Hall,
ALSAC/St. Jude Children's Research Hospital - Memphis, TN
Natalie Malone,
ALSAC/St. Jude Children's Research Hospital - Memphis, TN
Nazli Tamer,
BerlinRosen, an Orchestra Company - Chicago, IL
Show session details
Edward T. Chaney, Kristy Bernard Tsadick
Download session materials for offline use
Session 16 —94 mins 1.50
Private Foundation Grantmaking: Agreements, Compliance, Reporting Tools and Provisions for Impact and Measurement (Feb 2025)
Review key compliance issues that arise in the lifecycle of a private foundation grant and discuss how grant agreements and reporting provisions can support an organization’s compliance effort and impact measurement. Sample agreements and provisions will be shared.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Edward T. Chaney,
Schell Bray PLLC - Chapel Hill, NC
Kristy Bernard Tsadick,
The William and Flora Hewlett Foundation - Menlo Park, CA
Show session details
David Gair
Download session materials for offline use
Session 17 —58 mins 1.00 | 1.00 ethics
Ethical Issues for Tax Practitioners in Privileged Communications (Feb 2025)
A practical overview of the ethical issues for tax practitioners related to providing tax advice and being a tax return preparer and consequences for privileged communications. Discuss several case studies for real-world examples of problems that non-profit organizations face and best practices to solve those problems.
Originally presented: Jan 2025 Nonprofit Organizations Institute
David Gair,
Troutman Pepper Locke - Dallas, TX
Show session details
James Barragán, Luis Soberon
Download session materials for offline use
Session 18 —60 mins 1.00
Texas Legislative Update and Navigating the Texas Legislature (Feb 2025)
With Texas's 89th Regular Legislative Session set to convene on January 14th, 2025, this session covers the state politics, policy, and legislative process to help non-profit leaders understand what to expect and how to navigate the new Texas Legislature. Join James Barragán, a veteran political reporter in Texas's largest non-profit newsroom, and Luis Soberon, a former staffer and advocate at a non-profit to get an insider's perspective on the forces shaping the Texas capitol.
Originally presented: Jan 2025 Nonprofit Organizations Institute
James Barragán,
The Texas Tribune - Austin, TX
Luis Soberon,
Texas 2036 - Austin, TX
Show session details
Martha I. Jimenez, Sharon P. Masling
Download session materials for offline use
Session 19 —60 mins 1.00
Recent Developments and Trends on Targeted/Focused Philanthropy (Feb 2025)
Explore the current legal and regulatory landscape impacting targeted philanthropic efforts, how different organizations are assessing and managing possible risk associated with those efforts, and what tools and opportunities may be out there to continue to advance an organization’s ongoing mission.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Martha I. Jimenez,
The California Endowment - Los Angeles, CA
Sharon P. Masling,
Morgan, Lewis & Bockius LLP - Washington, DC
Show session details
Jonathan S. Blum, David A. Levitt
Download session materials for offline use
Session 20 —45 mins 0.75
Nonprofit Transactions: When to Merge, Acquire or Dissolve (Feb 2025)
As nonprofits adapt to changing circumstances, opportunities for consolidation or acquisition frequently arise. In some cases, these transactions come from a position of strength, whereas some cases end up with a dissolution and transfer of assets. Discuss various considerations and best practices regarding these types of transactions, including structure, key considerations and common issues.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Jonathan S. Blum,
Holland & Knight LLP - Dallas, TX
David A. Levitt,
Adler & Colvin - San Francisco, CA
Show session details
Brian T. Cumings, Abigail R. Ryan
Download session materials for offline use
Session 21 —46 mins 0.75
Bankruptcy in the Nonprofit Context (Feb 2025)
A brief primer on bankruptcy, as well as ways in which nonprofit bankruptcies work.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Brian T. Cumings,
Graves Dougherty Hearon & Moody - Austin, TX
Abigail R. Ryan,
National Association of Attorneys General - Austin, TX
Show session details
H. Sujin Kim, Justin Zaremby
Session 22 —45 mins 0.75
The Anatomy of a Major Gift Agreement (Feb 2025)
Charitable giving is becoming an increasingly complicated negotiation between donors and donees. Explore the key deal terms of significant gift agreements, including the timing of and vehicles for pledge payments, the use and investment of donated funds, naming recognition, morality clauses, ongoing reporting obligations, and more.
Originally presented: Jan 2025 Nonprofit Organizations Institute
H. Sujin Kim,
The Metropolitan Museum of Art - New York, NY
Justin Zaremby,
Patterson Belknap Webb & Tyler LLP - New York, NY
Show session details
Brian Gerard Armstrong, Leslie J. Friedlander
Download session materials for offline use
Session 23 —45 mins 0.75
The Nexus Between Charities and Consumer Protection: Fundraising and Commercial Co-Venturing (Feb 2025)
The ever-expanding options for charitable fundraising all have consumer protection and charitable trust law implications. From a state regulator perspective, this session addresses what issues may arise under various charitable fundraising scenarios, including commercial co-ventures and fundraising platforms, and what laws may apply. Some examples of enforcement activities in the area of fundraising are provided as illustrations.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Brian Gerard Armstrong,
California Department of Justice - San Francisco, CA
Leslie J. Friedlander,
Office of the Oklahoma Attorney General - Oklahoma City, OK
Show session details
Rosemary E. Fei, Matthew T. Sanderson
Download session materials for offline use
Session 24 —90 mins 1.50
Elections Have Consequences: Anticipating the New Congress and Administration (Feb 2025)
Now that we know who will be running the government in DC, what do nonprofits need to think about? How can charitable and philanthropic organizations be prepared for possible changes in regulatory focus and approach?
Originally presented: Jan 2025 Nonprofit Organizations Institute
Rosemary E. Fei,
Adler & Colvin - San Francisco, CA
Matthew T. Sanderson,
Caplin & Drysdale, Chartered - Washington, DC
Show session details
Yael Fuchs, Susan K. Staricka
Download session materials for offline use
Session 25 —93 mins 1.50
Litigation for Charities (Feb 2025)
Discuss considerations and challenges unique to charity litigation: the role of the board and executive management in responding to and managing litigation; counsel's difficult role in representing the organization (not the individual officers and directors), a charity's duty to protect bequests in will contests, insurance policy issues, the role of states' attorneys general; and current priorities of attorney general investigations and lawsuits in Texas.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Yael Fuchs,
Loeb & Loeb LLP - New York, NY
Susan K. Staricka,
Staricka Law, PLLC - Austin, TX
Show session details
Nadine Dechausay, Jeff Kutash
Download session materials for offline use
Session 26 —55 mins 1.00
Measuring Social Impact (Feb 2025)
Performance measurement is a key to success for social sector initiatives, yet many lack a credible and systematic approach to evaluation. This session discusses why measurement is challenging, core concepts and practical applications, and an illustrative case study.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Nadine Dechausay,
Communities Foundation of Texas - Dallas, TX
Jeff Kutash,
Boldly Go Philanthropy - Omaha, NE
Show session details
Andrew Schulz, Bridget M. Weiss
Download session materials for offline use
Session 27 —46 mins 0.75
Is Your Social Media Presence Compliant? (Feb 2025)
Powerful, flexible, and efficient; social media is a critical communication tool for most charities, but managing your social media presence requires knowledge about a complex array of overlapping legal issues. In this fast-paced overview, speakers introduce many of the interlocking legal issues you need to be aware of when managing your organizations social media strategy. Are you compliant with Federal Tax rules governing lobbying and political activity? Do your social media activities generate UBIT? How are you monitoring and managing charitable solicitation and cause marketing campaigns conducted via social media? What can you do to mitigate risks related to copyright infringement, data security, privacy, and even defamation? Speakers spotlight each of these issues and several others to ensure you have a broad understanding of each risk area.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Andrew Schulz,
Adler & Colvin - Washington, DC
Bridget M. Weiss,
Arnold & Porter Kaye Scholer LLP - Washington, DC
Show session details
Elizabeth Rogers
Download session materials for offline use
Session 28 —44 mins 0.75
Data Privacy and Cyber Liability: What You Don’t Know Puts Your Mission at Risk (Feb 2025)
Non-profits are at greater risk of losing donors after a data breach, because unlike being a victim of a data breach at a for profit company or a government entity – a relationship a consumer has largely based on the consumer’s need – a consumer’s relationship with a nonprofit is not necessarily need-based. Most organizational leaders still know very little about the risks that arise from the collection and storage of personal information collected from employees, volunteers, clients and donors. Considering this dark and somewhat frightening landscape, what must you know to understand the exposure and fortify your organization against the associated risks? This presentation shares practical takeaways about how to mitigate cybersecurity risk and also explains whether or not your non-profit is subject to the currently effective and pending state consumer data privacy laws.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Elizabeth Rogers,
Winstead PC - Austin, TX
Show session details
Andrew Friedman, Katherine Karl
Download session materials for offline use
Session 29 —45 mins 0.75
It’s a Crisis: Who to Call and What to Do (Feb 2025)
If you are facing a crisis, who do you call? A lawyer? A crisis PR team? Or both? Discuss how to decide who you should turn to when you’re facing a significant organizational challenge. Also, talk through how lawyers and PR teams can best partner together as well as the goals, strategies and impact that a successful pairing of legal and PR teams can have for your organization.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Andrew Friedman,
BerlinRosen, an Orchestra Company - New York, NY
Katherine Karl,
Caplin & Drysdale, Chartered - Washington, DC
Show session details
John Crawford, Debbie Fine
Download session materials for offline use
Session 30 —44 mins 0.75
Beyond the Border: US Charities Planning Foreign Initiatives (Feb 2025)
Join us for a beginner-level session designed to guide US-based charities through the complexities of international expansion. Explore the critical legal, financial, and operational factors involved in planning and executing foreign initiatives, whether it’s funding projects or setting up operations overseas, to help you make a global impact.
Originally presented: Jan 2025 Nonprofit Organizations Institute
John Crawford,
Ernst & Young LLP - Chicago, IL
Debbie Fine,
Open Society Foundations - New York, NY
Show session details
Jason Boulette, Michael Lopez
Download session materials for offline use
Session 31 —94 mins 1.50
Employment Ins and Outs for Nonprofits (Feb 2025)
This session covers important topics affecting non-profit employers and workplaces. Hear a dynamic discussion regarding AI in recruitment, unionization, remote work, reasonable accommodations, the Pregnant Workers Fairness Act (PWFA), religion after Groff v. DeJoy, organizational restructuring, and the potential long-term implications of Loper Bright Enterprises v. Raimondo on employment-related regulations.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Jason Boulette,
Boulette Golden & Marin L.L.P. - Austin, TX
Michael Lopez,
The Rockefeller Foundation - New York, NY
Show session details
Adam Crenshaw, Andrew Morris
Download session materials for offline use
Session 32 —94 mins 1.50
AI from an In-House Perspective (Feb 2025)
This session is for anyone who’s thinking (or thinks they should be thinking) about responsible use and funding of AI. No expertise or experience required. Two members of a cross-functional working group (one from IT, one from Legal) share what they’ve learned from a technical, legal, and operational perspective and what they’re doing to enable responsible use of AI internally and responsible funding of AI externally. Gain insight into the basics before doing a deeper dive into practical implications and solutions.
Originally presented: Jan 2025 Nonprofit Organizations Institute
Adam Crenshaw,
Bill & Melinda Gates Foundation - Seattle, WA
Andrew Morris,
Bill & Melinda Gates Foundation - Seattle, WA