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Hard Don’t, Soft Don’t: Activity-Based Issues and Pressure Points for Nonprofit Organizations

Contains material from Mar 2021

Hard Don’t, Soft Don’t: Activity-Based Issues and Pressure Points for Nonprofit Organizations
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Session 1: 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. 

Session 2: Public Charity Considerations - Public charities regularly navigate a variety of legal and reputational issues when making operational and strategic decisions. Consider operational and strategic issues related to a charity’s disqualified persons, its sources of support, and its relationships with other entities and its constituencies, through a compliance lens.

Session 3: 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.

Session 4: 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.

Session 5: 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. 

Includes: Video Audio Paper Slides


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1. MASTER CLASS B: Hard Don't, Soft Don't: Activity-Based Issues and Pressure Points (Mar 2021)

Philip Hackney, Michelle Michalowski, Maura L. Whelan

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(mp4)
61 mins
(mp3)
59 mins
(pdf)
31 pgs
Session 1 —61 mins
MASTER CLASS B: Hard Don't, Soft Don't: Activity-Based Issues and Pressure Points (Mar 2021)

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. 

Originally presented: Jan 2021 Nonprofit Organizations Institute

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

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2. Public Charity Considerations (Mar 2021)

Laura E. Butzel, Edward T. Chaney

0.75 0.00 0.00
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(mp3)
42 mins
(pdf)
11 pgs
Session 2 —42 mins
Public Charity Considerations (Mar 2021)

Public charities regularly navigate a variety of legal and reputational issues when making operational and strategic decisions. Consider operational and strategic issues related to a charity’s disqualified persons, its sources of support, and its relationships with other entities and its constituencies, through a compliance lens.

Originally presented: Jan 2021 Nonprofit Organizations Institute

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

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3. Private Foundation Considerations (Mar 2021)

Erica Guyer, Katherine E. Kurtzman

0.75 0.00 0.00
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(mp3)
47 mins
(pdf)
19 pgs
Session 3 —47 mins
Private Foundation Considerations (Mar 2021)

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.

Originally presented: Jan 2021 Nonprofit Organizations Institute

Erica Guyer, The Rockefeller Foundation - New York, NY
Katherine E. Kurtzman, Ernst & Young LLP - Chicago, IL

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4. Compensation Pitfalls and Traps (Mar 2021)

Bridget M. Weiss, James F. Wynn II

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(mp3)
45 mins
Slides
(pdf)
6 pgs
Session 4 —45 mins
Compensation Pitfalls and Traps (Mar 2021)

Examine both common and complex issues in nonprofit compensation, including establishing reasonable compensation, compliance with new Section 4960, and COVID-related impacts.

Originally presented: Jan 2021 Nonprofit Organizations Institute

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

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5. Forms 990 and 990-PF: Practical Considerations (Mar 2021)

Jody Blazek, Eve Borenstein

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(mp3)
46 mins
(pdf)
22 pgs
Paper
(pdf)
3 pgs
(pdf)
10 pgs
Paper
(pdf)
1 pgs
Paper
(pdf)
1 pgs
Paper
(pdf)
3 pgs
Paper
(pdf)
5 pgs
(pdf)
25 pgs
(pdf)
17 pgs
(pdf)
11 pgs
Session 5 —46 mins
Forms 990 and 990-PF: Practical Considerations (Mar 2021)

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. 

Originally presented: Jan 2021 Nonprofit Organizations Institute

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