» Jeff Tenenbaum

Pandemic taking an ax to association revenue, staff and pay

Attorney Jeff Tenenbaum, with Tenenbaum Law Group, who represents both boards and executives in employment matters, said he has not seen contract renegotiations yet, but

expects to. “What I could see, if I was representing the executive, is kind of a deferral, where the executive agrees to take a cut in compensation this year. But assuming the association, by whatever metric

they agree to, is back on track a year from now, the executive would have the opportunity to earn that back.” CEOs working without a contract are subject to pay reductions for any non-illegal

reasons, Tenenbaum said.

CEO Update

So You Have to Negotiate a Major Event Cancellation...

Jeffrey Tenenbaum, managing partner at the law firm Tenenbaum Law Group PLLC, was quoted extensively in this article about association meeting cancellations in connection with the COVID-19 pandemic in AssociationSuccess.org:

"Negotiations between associations, hotel operators and convention centers and their attorneys are rising to front and center in many situations now regarding annual conferences and meetings as a result of COVID-19.

Jeff Tenenbaum, managing partner of the Tenenbaum Law Group, has been at the forefront of the issue while the stakes continue to rise for both sides. He spoke in late March about how all of this is playing out."

How a Medical Society Decides to Cancel a Meeting

Jeffrey Tenenbaum, managing partner at the law firm Tenenbaum Law Group PLLC, was quoted in this article in Medscape Medical News:

“Another factor many professional societies face is the specter of large cancellation fees from the hotels and convention centers they'd booked for their meetings. The bill could come within 24 hours after cancellation and be in the hundreds of thousands of dollars or even seven figures, Jeffrey S. Tenenbaum, managing partner of Tenenbaum Law Group in Washington, DC, told Medscape Medical News in an email.”

Medscape Medical News

Charities take FPL money, back FPL rate hikes

Jeffrey Tenenbaum, managing partner at the Washington, DC-based law firm Tenenbaum Law Group PLLC, was quoted in this article in The Palm Beach Post:

And the relationship between FPL and the not-for-profit groups it supports could put them in the crosshairs of the IRS, an attorney who specializes in non-profits told The Post.

“This is definitely problematic from a federal tax law perspective,” attorney Jeffrey Tenenbaum said.

“When these not-for-profit groups take actions that benefit private companies such as FPL, rather than the public or a disadvantaged group, the IRS could review their nonprofit status, which allows them to operate without paying federal income taxes,” Tenenbaum said.

The Palm Beach Post

How to Protect Your Nonprofit from Controversial Donors

Jeffrey Tenenbaum, head of the nonprofit practice at the DC-based law firm Lewis Baach Kaufmann Middlemiss PLLC, was quoted in this article in The Chronicle of Philanthropy on the steps nonprofit organizations can take to mitigate risk associated with fundraising.

The Chronicle of Philanthropy

Lawyers Question Wexner's Financial Arrangement with Jeffrey Epstein

Jeffrey Tenenbaum, head of the nonprofit practice at the DC-based law firm Lewis Baach Kaufmann Middlemiss PLLC, appeared on NPR Affiliate WOSU Public Media to discuss the steps nonprofits can take to prevent the type of misappropriation alleged in the Jeffrey Epstein case.

Tenenbaum says he does not know the details of the Wexner-Epstein arrangement and cannot comment on it directly, but that there are measures nonprofits can take to avoid misappropriation.

“Here in this particular case involving Wexner and Epstein, it certainly seems like none of these steps were taken," Tenenbaum says. "Things like requiring double signatures, double authorization, back up documentation before funds can be paid or transferred, segregation of duties amongst employees, doing inventories of your fixed assets."

He also says Wexner could have set up electronic alerts so he knew every time a payment or transfer was made.

"Making sure that everyone in the finance and accounting department is required to take a certain length of vacation each year, at least two weeks, to see if that person is involved in a fraud,” Tenenbaum adds. “Because if that person's gone and someone else is assuming his or her duties, it gives you a chance to spot what's going on."

NPR Affiliate WOSU Public Media

Jeff Tenenbaum interviewed for Through the Noise podcast

Jeff Tenenbaum, chair of the nonprofit practice at the DC-based law firm Lewis Baach Kaufmann Middlemiss PLLC, was interviewed by Ernesto Gluecksmann – host of the Through the Noise podcast – about his nonprofit organizations practice at the firm. The podcast debuted on May 30, 2019. Through the Noise is a podcast that explores hurdles, solutions and the process of cultivating success for nonprofits through conversations with executive directors, CEOs and other nonprofit professionals.

Through the Noise Podcast

Triangle nonprofit leaders earn million-dollar salaries. Here’s who they are.

The IRS can take action in cases of exorbitant compensation, but it rarely does.

Jeff Tenenbaum, head of the nonprofit practice at the DC-based law firm of Lewis Baach Kaufmann Middlemiss PLLC, said for 501(c)(3)s, the IRS can levy penalty taxes on those receiving excessive compensation as well as those who approved it.

He said for 501(c)(6)s such as the CPA institute, “revocation of tax-exempt status is the IRS’ only remedy — and one rarely utilized.”

The Charlotte Observer

Montana Must Prove Harm, Law Violation in IRS Donor Rules Suit

Other practitioners aren't so sure about the APA argument. “You can't generalize about the procedural propriety of revenue procedures,” Jeffrey Tenenbaum, a nonprofit attorney at Lewis Baach Kaufmann Middlemiss PLLC in Washington, told Bloomberg Tax. “It depends on the substance of the revenue procedure.”

Tenenbaum said Montana's APA position “may be a bit of a stretch.” The lawsuit, filed July 24 in the U.S. District Court for the District of Montana, “certainly highlights the fact this seems to be a political dispute dressed up in procedural arguments—on both sides,” he said.

Still, Tenenbaum said, states “absolutely” have a legitimate argument for the IRS to provide them with information they need to enforce their own standards for entities’ tax-exempt status.

Bloomberg Law

Tax Law Changes for Exempt Organizations Raise Filing Concerns

“The AICPA did a thorough and highly detailed job not only in pointing out needed areas for improvement and refinement of the Form 990, but also in supplying the specific verbiage needed to effectuate the changes,” Jeffrey Tenenbaum, a nonprofit attorney with Lewis Baach Kaufmann Middlemiss PLLC in Washington, told Bloomberg Tax.

Bloomberg BNA Daily Tax Report

Meet Our Team

Jeffrey S. Tenenbaum's Profile Image
Jeff is one of the nation’s leading nonprofit attorneys, and a highly regarded and frequent author, lecturer, media commentator, and expert witness on nonprofit legal matters. Formerly the longtime chair of one of the country’s largest nonprofit law practices, he is the recipient of numerous distinguished national awards and honors.
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Nisha G. Thakker's Profile Image
Nisha is an experienced in-house nonprofit attorney and senior-level business partner. Formerly the associate general counsel of a large REALTOR® association in Northern Virginia, she has a broad understanding of nonprofit legal matters as well as business operations, governance, and development.
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Julie B. Kulovits's Profile Image
Julie is an experienced in-house nonprofit attorney, executive team member, and a former litigator. Previously the in-house general counsel of a North American medical professional association and a civil litigator in private practice, she has extensive experience with a wide array of legal issues facing nonprofits as well as a nuanced understanding of the business and governance issues in the nonprofit space.
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