2017 Nonprofit Organizations eConference

A View of the Sector (Jan 2017)

Follow an examination of the current regulatory and legislative developments affecting tax-exempt organizations, including recent IRS and Treasury guidance, the “lame duck” session of Congress, and some likely trends in the new administration.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Alexander L. Reid, Morgan, Lewis & Bockius LLP - Washington, DC
David A. Shevlin, Simpson Thacher & Bartlett LLP - New York, NY

Current Trends in Socially Responsible and Impact Investing (Jan 2017)

Hear a discussion focused on how socially responsible and impact investing is gaining momentum as an important and necessary strategy for aligning mission with investing practice within the charitable sector.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Tomer Inbar, Patterson Belknap Webb & Tyler LLP - New York, NY
Tina N. Castro, Avivar Capital - Los Angeles, CA
Matt Onek, Mission Investors Exchange - New York, NY

After the Election Advocacy and Exploring the Boundaries (Jan 2017)

A new administration and new congress means new opportunities to promote your organization’s mission through policy advocacy. Review the law governing lobbying by 501(c)(3)s and other types of tax-exempt organizations. Learn the limits on lobbying by 501(c)(3) public charities and how to make the most of them, the ways that 501(c)(3) private foundations may fund lobbying by charities, and the tax rules for lobbying by other tax-exempt organizations.

Originally presented: Jan 2017 Nonprofit Organizations Institute

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

Endowments and Other Restricted Gifts—Making Them and Breaking Them (Jan 2017)

Hear an analysis of important drafting and negotiating issues in agreements to govern endowment funds and other types of restricted gifts, the various ways to modify restricted gifts after they are made, and the role of gift acceptance policies and a board-level approval process.

Originally presented: Jan 2017 Nonprofit Organizations Institute

John Sare, Patterson Belknap Webb & Tyler LLP - New York, NY

Advocacy Rules Beyond the IRC: Federal and State Lobbying and Ethics Compliance (Jan 2017)

Exempt organizations are not only subject to the limits and rules prescribed by the Internal Revenue Code. Hear guidance on ensuring compliance with other applicable laws and rules that impact organizations active in government advocacy, including the federal Lobbying Disclosure Act, state and local lobbying laws, and government ethics rules.

Originally presented: Jan 2017 Nonprofit Organizations Institute

William H. Minor, DLA Piper LLP US - Washington, DC

Financial Reporting for Endowments and Donor-Restricted Funds (Jan 2017)

Endowments and other donor-restricted funds are subject to financial reporting standards aimed at enhancing understanding of the nature of donor restrictions as well as management’s application of the Uniform Prudent Management of Institutional Funds Act (UPMIFA) in managing endowment funds. Hear an overview of the related accounting terminology and financial statement presentation and disclosure requirements.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Mimi Holt, Blazek & Vetterling - Houston, TX

Charities in the News (Jan 2017)

Originally presented: Jan 2017 Nonprofit Organizations Institute

Evan Smith, The Texas Tribune - Austin, TX

Re-Thinking, Re-Structuring, & Re-Inventing Your Organization (Jan 2017)

Explore the legal, organizational, and governance issues associated with making the changes necessary to realize the mission and deploy resources effectively.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Catherine E. Livingston, Jones Day - Washington, DC
Amber Allred, Wounded Warrior Project - Jacksonville, FL
Greg D. Lee, LIVESTRONG - Austin, TX

Deconstructing the Employee Handbook (Jan 2017)

An organization’s employee handbook supports its good faith compliance efforts and helps reduce potential liability in audits and litigation. Understand key components, current trends, as well as common mistakes in drafting employee handbooks, and how provisions and policies translate into the workplace environment.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Katrina Grider, Attorney at Law - Cypress, TX

Operating Abroad: Tax Implications and Other Considerations when U.S. Nonprofit Organizations Work Outside the U.S. (Jan 2017)

Discuss the growing range of information reporting and tax requirements (Foreign Bank Account Reporting, FATCA/CRS compliance, qualified distribution requirements, and more) associated with U.S. nonprofits operating around the world. Explore other challenges and best practices related to foreign activities of a U.S.-based organization.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Misty Petry Burns, Michael & Susan Dell Foundation - Austin, TX
Nick W. Quigley, Ernst & Young, LLP - Detroit, MI

Advanced Issues with Retirement Benefits​ (Jan 2017)

Nonprofit organizations are subject to special rules regarding retirement and deferred compensation plans. Explore the complex issues related to these benefits and hear an update on the new regulatory guidance.

Originally presented: Jan 2017 Nonprofit Organizations Institute

William M. Fisher, Wilkins Finston Friedman Law Group LLP - San Antonio, TX
Valorie Foster, Southwest Research Institute - San Antonio, TX

Intellectual Property 2.0: Top 10 IP Risks for Nonprofits (Jan 2017)

Nonprofits often fail to recognize IP-related risks as they grow, or recognize them too late. Beyond a basic understanding of IP, a realistic assessment of IP risks will help your non-profit to avoid costly mistakes. Learn how to spot IP risk areas, identify and protect your IP, and use IP to advance your nonprofit’s mission.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Derrick A. Pizarro, The Pizarro Firm - San Antonio, TX

Privacy and Cybersecurity Issues for Nonprofits (Jan 2017)

Learn about the responsibilities and risks for nonprofits concerning privacy issues and data security threats, including an overview of privacy regimes, both in the U.S. and internationally, and gain practical tips to help your organization manage the personal information of donors, clients, employees, grantees, volunteers; and anticipate threats.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Laura E. Butzel, Patterson Belknap Webb & Tyler LLP - New York, NY
Nancy A. Kopans, ITHAKA - New York, NY

Selling for Good: Merchandising and Corporate Sponsorship Ideas that Don’t Create UBIT (Jan 2017)

Examine how a nonprofit can effectively merchandise goods to support its mission while minimizing UBIT. Hear about techniques developed to avoid the UBIT problems identified in the IRS College and University Compliance Project, discuss internet sales, and reveal creative corporate sponsorship ideas that balance donor benefits with the nonprofit’s tax exposure.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Nicola Fuentes Toubia, Fuentes Toubia, PLLC - Houston, TX
Kyle R. ZumBerge, The University of Texas System - Austin, TX

Legal Counsel and Communications in a Crisis: What to Do When Bad Things Happen to Good Institutions (Jan 2017)

When an organization’s wheels appear to be dislodging, the roles of the crisis team, the attorney, and the crisis communications manager are critical. These difficult and public moments of a nonprofit’s life require effective tactics, strategies and management that protect the institution’s legal position and its public perception.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Michael V. Bourland, Bourland, Wall & Wenzel, P.C. - Fort Worth, TX
Lisa LeMaster, The LeMaster Group, Inc, - Addison, TX

Cause-Related Marketing and Commercial Co-Venture Arrangements (Jan 2017)

Marketing trends demonstrate that aligning a charitable cause with the sale of goods and services will continue to increase. Consider the structural, legal and tax considerations of various forms of cause-related marketing, as well as related state regulations.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Jonathan S. Blum, Polsinelli PC - Dallas, TX

Texas Nonprofit Law 101 (Jan 2017)

Hear an overview of the essential characteristics of Texas nonprofit organizations, legal requirements, benefits and restrictions of tax exemption, guiding governance principles and state regulation.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Danika Hudik Mendrygal, Mendrygal Law, PLLC - Dallas, TX
Susan K. Staricka, Office of the Attorney General - Austin, TX

Year in Review (Jan 2017)

Review current developments in the federal tax law, including recently passed and pending legislation, regulations, IRS rulings, and court opinions. Focus on the TE/GE fiscal year 2017 work plan, qualification for tax exemption, application for recognition processes and recent litigation, public charity status in general, supporting organizations, donor-advised funds, endowments, the commerciality doctrine, private foundation rules, governance, private inurement and private benefit, legislative and political campaign activity, unrelated business, joint ventures, charitable giving, and recent audits of the IRS by the General Accountability Office.

Originally presented: Jan 2017 Nonprofit Organizations Institute

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

Beyond Scholarships: High-Impact Grantmaking to Individuals (Jan 2017)

Discover some of the strategic ways that funders can employ individual grantmaking to achieve their programmatic goals. Discuss the U.S. federal tax law provisions governing prizes and awards, disaster relief grants, scholarship and fellowship awards, and grants through intermediary entities primarily from the perspective of the private grantmaking foundation. And hear about the key compliance and reporting obligations for both funders and beneficiaries.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Jillian Diamant, Open Society Foundation - New York, NY
Diara M. Holmes, Loeb & Loeb - Washington, DC

Mergers, Joint Ventures, and For‑Profit Subsidiaries (Jan 2017)

Explore the corporate and tax issues involved when a nonprofit tax-exempt organization decides to work with one or more for-profit investors or “partners”  via a merger, a joint venture, or a taxable subsidiary. Discover the corporate law issues with primary focus on the tax issues involved in collaborating with a for-profit, including how to avoid jeopardizing tax-exempt status and how to avoid or properly handle unrelated business taxable income. Review how the new IRS partnership audit procedures might affect tax-exempt partners.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Justin J. Lowe, Ernst & Young, LLP - Washington, DC
Robert A. Wexler, Adler & Colvin - San Francisco, CA

Commerciality, Charitability, and Confusion in the Charitable Sector: Exploring What’s Charitable, What’s Not and Why There is a Difference (Jan 2017)

Uncover the new ways that philanthropists and social entrepreneurs are seeking to achieve beneficial social change and impact. Hear about the challenges posed by the existing legal framework that distinguishes between charitable purposes and commercial purposes in ways that are becoming increasingly strained. Explore the pitfalls and benefits to many of the new approaches, and suggest analytical frameworks to guide participants. 

Originally presented: Jan 2017 Nonprofit Organizations Institute

Joshua J. Mintz, MacArthur Foundation - Chicago, IL
John Tyler, Ewing Marion Kauffman Foundation - Kansas City, MO

Beyond Grantmaking: Additional Mechanisms for Mission (Feb 2017)

Explore options for foundations to pursue and maximize their missions in ways other than, or in supplement to, their grant making initiatives while maintaining compliance with the private foundation prohibited transaction rules. Topics include leveraging expertise through direct charitable activities, participating in public/private partnerships, engaging in medical venture philanthropy initiatives, strategic investing through program-related or mission-related investments, and more.

Originally presented: Jan 2017 Nonprofit Organizations Institute

James P. Joseph, Arnold & Porter Kaye Scholer LLP - Washington, DC
Darren B. Moore, Bourland, Wall & Wenzel, P.C. - Fort Worth, TX

Successful Succession: How to Prepare for a Leadership Transition in Your Organization (Feb 2017)

Identifying and developing the next generation of leaders is both challenging and vital to the health of your organization. Hear about common succession issues and how to plan for a leadership change.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Josh Baron, Banyan Global - Boston, MA
Ryan Dolibois, Yellowstone Academy - Houston, TX
Stephen D. Maislin, Greater Houston Community Foundation - Houston, TX

Anatomy of a Whistleblower Complaint (Feb 2017)

Dealing with a whistleblower complaint can present several challenges and ethical issues for an organization and its counsel. Examine mandatory whistleblower regulations and policies, and walk through best practices from initiation of the complaints, to conducting internal investigations, engaging outside counsel and forensic experts, and compliance with different agencies and requests for information should this information become public. Plus, hear discussion on protection of and retaliation against the whistleblower.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Neely D. Duncan, Lane Gorman Trubitt, LLC - Dallas, TX
Frank Sommerville, Weycer Kaplan Pulaski & Zuber, P.C. - Arlington, TX

The Broad-Based Nonprofit: Managing Tension between Headquarters and its Local Affiliates (Feb 2017)

Wrestling with the challenges and opportunities of a complex governance structure? How well a nonprofit balances strategy, governance, and impact determines whether it fulfills its mission and reaches its highest potential. Learn about strategy screens for optimizing the give-and-take between the national office and its local affiliates. 

Originally presented: Jan 2017 Nonprofit Organizations Institute

Tracy-Elizabeth Clay, Teach For America, Inc. - Chicago, IL
Angela F. Williams, YMCA of the USA - Chicago, IL

Working Through Intermediaries (Feb 2017)

Increasingly, private foundations are working through fiscal sponsors and other intermediaries to increase efficiency, enhance effectiveness, and reduce risk. Hear an overview of the various options, how to properly structure them, the compliance advantages of doing so, and common situations where working through intermediaries is common, including international grantmaking, grants to individuals, funder collaboratives, and PRI’s.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Andrew Schulz, Arabella Advisors - Washington, DC

Effective Compliance and Reporting for Public Charities: Form 990 and Beyond (Feb 2017)

Explore common compliance and federal reporting challenges for public charities, and strategies for addressing those challenges organizationally, operationally, and through Form 990 and other IRS reporting.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Stephen M. Clarke, Ernst & Young, LLP - Washington, DC

Effective Compliance and Reporting for Private Foundations: Tying it All Together (Feb 2017)

Informed by 40+ years of study, explore how transactions can be structured differently to prevent self-dealing and/or taxable expenditures. Think of private foundations as taxpayers that, with planning, can reduce their tax burden. Strategize ways to design policies and procedures to help avoid sanctions and improve reporting capability for the private foundation, public charities it supports, and its disqualified persons. And understand how rules that sound absolute may also be flexible.

Originally presented: Jan 2017 Nonprofit Organizations Institute

Amanda Adams, Blazek & Vetterling - Houston, TX
Jody Blazek, Blazek & Vetterling - Houston, TX