Articles

Mitigating the Legal Risks of Associations' ESG and DEIA Programs

“ESG” refers to the three broad pillars of Environmental, Social, and Governance which have become increasingly important in assessing certain for-profit businesses, especially publicly traded ones. With ever-intensifying demands from regulators,… Read More
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Mitigating the Legal Risks of Nonprofits’ ESG and DEIA Programs

“ESG” refers to the three broad pillars of Environmental, Social, and Governance which have become increasingly important in assessing certain for-profit businesses, especially publicly traded ones. With ever-intensifying demands from regulators,… Read More
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Employee Non-Compete Agreements: What Every Association Needs to Know in a Rapidly Evolving Legal and Regulatory Landscape

The Federal Trade Commission’s (FTC) new proposed rule that would prohibit many employers nationwide—including trade and professional associations but not including charities and other nonprofits—from entering into any non-compete agreements wi… Read More
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Generative AI and Associations: Five Key Legal Issues to Consider

As generative artificial intelligence (AI), such as ChatGPT, continues to evolve and become more commonplace, many trade and professional associations are turning to AI technology to enhance their operations and decision-making processes and benefit… Read More
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Creating a Successful Cause Marketing Program at Your Nonprofit While Minimizing UBIT

Cause marketing – marketing programs by for-profit brands based around a social or charitable cause – has the potential to create win-win situations for nonprofits and for-profit companies alike. Cause marketing can be a great way for nonprofits… Read More
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Limitations on Lobbying Activities: Everything that 501(c)(3) Organizations Need to Know

Nonprofit organizations that qualify for federal income tax exemption under Section 501(c)(3) of the Internal Revenue Code (the “Code”) – except for private foundations – are permitted to lobby within certain limits. This document summarizes… Read More
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Business Development Tips and Strategies from an Attorney and What It Can Mean for Coaches

#article-date{display:none;} April 4, 2022 International Coaching Federation 1. Create a presence and reputation in an industry and then continuously build on it. Deliver speaking presentations, write and publish articles, post content on social medi… Read More
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Internal Revenue Code Section 501(q) and Credit Counseling Agencies: An Overview

How 501(q) Relates to Existing IRS Requirements for 501(c)(3) Organizations In addition to meeting all current legal requirements contained in Section 501(c)(3), a credit counseling agency desiring tax-exempt status under Section 501(c)(3) also must… Read More
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IRS Rules that Most Certification and Accreditation Revenue of 501(c)(3) Associations Is Subject to UBIT

In a 2004 ruling, the IRS determined that a Section 501(c)(3) membership association’s certification program generates taxable unrelated business income (“UBI”) to the association. The ruling – a Private Letter Ruling (PLR 200439043, June 28,… Read More
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UBIT: A Comprehensive Overview for Nonprofits

While most income of nonprofit, tax-exempt organizations is exempt from federal and state corporate income tax, certain income of nonprofits is subject to tax – a tax known as the unrelated business income tax (UBIT). The rules governing UBIT are c… Read More
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