Seminar  Seminar

Advising Nonprofit Organizations 2014


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Why you should attend

The business of running a nonprofit organization has become increasingly complex, as nonprofits are under heightened scrutiny to account for their management and fiduciary practices. The repercussions from the economic crisis and the need to cope with ongoing financial uncertainty have also brought into focus new legal standards for proper investment conduct.  At the same time, the changing technological landscape forces nonprofits to confront new legal issues related to innovative fundraising strategies, strategic alliances, and international grant-making, among others.  Recent changes in New York law also make it imperative that nonprofits and their lawyers be aware of new rules governing everything from significant corporate changes to the composition of board committees. As the environment in which nonprofit organizations operate becomes increasingly intricate, and attention to proper corporate governance becomes ever more important, attorneys who advise nonprofits and their boards of directors or are contemplating board service themselves must be aware of both the legal norms governing their conduct and the public perceptions of charitable activities.

What you will learn

You will learn about fundamental concepts and new developments in the federal and state laws affecting nonprofits, as well as new challenges and practical solutions for overcoming those challenges, including:

  • Important distinctions between categories of federal exemptions
  • Principles of good governance for all types of organizations
  • The New York Non-Profit Revitalization Act of 2013
  • Federal tax rules relating to fiduciary conduct
  • What the New York Prudent Investment of Institutional Funds Act means for all New York nonprofits and practical ways of addressing these issues
  • Tips for avoiding potential traps for the unwary hidden in the law
  • How to structure new organizations to meet the highest ethical standards
  • General tax compliance issues, including lobbying restrictions and unrelated business income taxes

Who should attend

This program is for attorneys interested in learning more about nonprofit law, as well as those who concentrate on such issues as a substantial part of their practice. The program is also valuable for in-house counsel at nonprofit organizations and attorneys who serve on boards of directors.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Morning Session: 9:00 a.m. - 12:45 p.m.

9:00 Formation and Start-up Issues

  • Differences between federal exemption categories
  • The incorporation process
  • Primary state law issues

Laurie McFadden

Nonprofit Governance

  • Duties of directors and officers
  • Executive compensation issues
  • Sarbanes–Oxley applications

Pamela A. Mann

10:45 Networking Break

11:00 Revenue Generating Activities by Tax Exempt Organizations

  • Joint ventures
  • Unrelated Business Income Tax issues
  • Corporate sponsorships
  • Active vs. passive revenue

Laura E. Butzel

The Attorney General’s Oversight Role

  • Birth to death supervision of New York not-for-profits
  • Enforcement issues and developments
  • Revitalization of the nonprofit sector                           
  • Legislative and public education initiatives

Jason R. Lilien

12:45 Lunch

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45 IRS Enforcement for Tax-Exempts: Priorities and Possibilities

  • Impact of Personnel Changes
  • New Compliance and Audit Issues
  • Likely Carryover Issues from the FY 2013 Work Plan
  • Strategies for Dealing with an Agency in Turmoil

Marcus S. Owens

2:45 Break

3:00 Fundraising Law and Regulation

  • Documentation and disclosure rules imposed by the Internal Revenue Code
  • State registration and reporting principles
  • Gift restrictions
  • Special rules for certain fundraising activities

Elizabeth M. Guggenheimer

4:00 The In-House Counsel Perspective

  • Rewards and pitfalls
  • Business law topics seen through the nonprofit lens

Lesley F. Rosenthal

5:00 Adjourn

Chairperson(s)
Pamela A. Mann ~ Head of the Tax Exempt Organizations Group, Carter Ledyard & Milburn LLP
Speaker(s)
Laura E. Butzel ~ Patterson Belknap Webb & Tyler LLP
Elizabeth M. Guggenheimer ~ Lawyers Alliance For NY
Jason R. Lilien ~ Zuckerman Spaeder LLP
Laurie McFadden ~ Law Office of Laurie McFadden
Marcus S. Owens ~ Caplin & Drysdale
Lesley Friedman Rosenthal ~ Vice President, General Counsel & Secretary, Lincoln Center For The Performing Arts Inc
Program Attorney(s)
Doreen Odom ~ Practising Law Institute

New York City Seminar Location

PLI New York Center
, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

Crowne Plaza Times Square Manhattan, 1605 Broadway (at 48th Street), New York, NY 10019 (212) 977-4000. When calling, mention Practising Law Institute. You can also make reservations online to access PLI's rates.

The Muse, 130 West 46th Street, New York, NY 10036.  Please call reservations at 1-800-546-7866. When calling, please mention Practising Law Institute.  You can also book online at https://gc.synxis.com/rez.aspx?Hotel=26750&Chain=10179&promo=PRLW.

Millennium Broadway Hotel, 145 West 44th Street, New York, NY 10036. Please call reservations at 1-800-622-5569.  When calling, please mention Practising Law Institute.  You can also book online at https://gc.synxis.com/rez.aspx?Hotel=11533&Chain=5303&promo=PLAW.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

This is a webcast of the live New York session.

Why you should attend

The business of running a nonprofit organization has become increasingly complex, as nonprofits are under heightened scrutiny to account for their management and fiduciary practices. The repercussions from the economic crisis and the need to cope with ongoing financial uncertainty have also brought into focus new legal standards for proper investment conduct.  At the same time, the changing technological landscape forces nonprofits to confront new legal issues related to innovative fundraising strategies, strategic alliances, and international grant-making, among others.  Recent changes in New York law also make it imperative that nonprofits and their lawyers be aware of new rules governing everything from significant corporate changes to the composition of board committees. As the environment in which nonprofit organizations operate becomes increasingly intricate, and attention to proper corporate governance becomes ever more important, attorneys who advise nonprofits and their boards of directors or are contemplating board service themselves must be aware of both the legal norms governing their conduct and the public perceptions of charitable activities.

What you will learn

You will learn about fundamental concepts and new developments in the federal and state laws affecting nonprofits, as well as new challenges and practical solutions for overcoming those challenges, including:

  • Important distinctions between categories of federal exemptions
  • Principles of good governance for all types of organizations
  • The New York Non-Profit Revitalization Act of 2013
  • Federal tax rules relating to fiduciary conduct
  • What the New York Prudent Investment of Institutional Funds Act means for all New York nonprofits and practical ways of addressing these issues
  • Tips for avoiding potential traps for the unwary hidden in the law
  • How to structure new organizations to meet the highest ethical standards
  • General tax compliance issues, including lobbying restrictions and unrelated business income taxes

Who should attend

This program is for attorneys interested in learning more about nonprofit law, as well as those who concentrate on such issues as a substantial part of their practice. The program is also valuable for in-house counsel at nonprofit organizations and attorneys who serve on boards of directors.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

All times are E.S.T.

Morning Session: 9:00 a.m. - 12:45 p.m.  (E.S.T.)

9:00 Formation and Start-up Issues

  • Differences between federal exemption categories
  • The incorporation process
  • Primary state law issues

Laurie McFadden

Nonprofit Governance

  • Duties of directors and officers
  • Executive compensation issues
  • Sarbanes–Oxley applications

Pamela A. Mann

10:45 Networking Break

11:00 Revenue Generating Activities by Tax Exempt Organizations

  • Joint ventures
  • Unrelated Business Income Tax issues
  • Corporate sponsorships
  • Active vs. passive revenue

Laura E. Butzel

The Attorney General’s Oversight Role

  • Birth to death supervision of New York not-for-profits
  • Enforcement issues and developments
  • Revitalization of the nonprofit sector
  • Legislative and public education initiatives

Jason R. Lilien

12:45 Lunch

Afternoon Session: 1:45 p.m. - 5:00 p.m.  (E.S.T.)

1:45 IRS Enforcement for Tax-Exempts: Priorities and Possibilities

  • Impact of Personnel Changes
  • New Compliance and Audit Issues
  • Likely Carryover Issues from the FY 2013 Work Plan
  • Strategies for Dealing with an Agency in Turmoil

Marcus S. Owens

2:45 Break

3:00 Fundraising Law and Regulation

  • Documentation and disclosure rules imposed by the Internal Revenue Code
  • State registration and reporting principles
  • Gift restrictions
  • Special rules for certain fundraising activities

Elizabeth M. Guggenheimer

4:00 The In-House Counsel Perspective

  • Rewards and pitfalls
  • Business law topics seen through the nonprofit lens

Lesley F. Rosenthal

5:00 Adjourn

Chairperson(s)
Pamela A. Mann ~ Head of the Tax Exempt Organizations Group, Carter Ledyard & Milburn LLP
Speaker(s)
Laura E. Butzel ~ Patterson Belknap Webb & Tyler LLP
Elizabeth M. Guggenheimer ~ Lawyers Alliance For NY
Jason R. Lilien ~ Zuckerman Spaeder LLP
Laurie McFadden ~ Law Office of Laurie McFadden
Marcus S. Owens ~ Caplin & Drysdale
Lesley Friedman Rosenthal ~ Vice President, General Counsel & Secretary, Lincoln Center For The Performing Arts Inc
Program Attorney(s)
Doreen Odom ~ Practising Law Institute
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:  Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.

 

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Related Items

On-Demand  On-Demand Programs

Advising Nonprofit Organizations 2013 Feb. 27, 2013

Handbook  Course Handbook Archive

Advising Nonprofit Organizations 2014  
Advising Nonprofit Organizations 2013 Pamela A. Mann, Carter Ledyard & Milburn LLP
 
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