Nonprofits
NJL lawyers know the ins-and-outs of legal issues relating to nonprofits. We serve on nonprofit boards ourselves. We have worked with hundreds of executive directors/CEOs. We know that our nonprofit clients need employment law advice, review of important agreements, corporate and policy assistance, intellectual property know-how and deep expertise in regulatory (including fundraising and donor issues) and tax matters. We regularly represent nonprofits through Attorney General investigations, IRS audits and sticky wickets of other stripes. We take great pride in helping our nonprofits with corporate life events like mergers, new ventures, and even closing the doors for the last time. We never forget that a nonprofit’s reputation and community relationships are paramount to its success. With years of industry knowledge and close ties to the local community, our lawyers are able to successfully assist nonprofits with the myriad of laws and regulations governing nonprofit and tax-exempt organizations. Learn more about how we can help your nonprofit succeed.
Associations
We partner with national, regional, and local associations on their most pressing governance, corporate, tax and membership issues, in addition to issues commonly faced by all nonprofits. We have represented associations through IRS audits, state sales tax issues, member disputes, divestitures and acquisitions. Working with as many associations as we do, we are happy to share best practices and trends among our clients.
Private Foundations
Private foundations are one of the most regulated sectors of the charitable community. Given that their origins are usually created from a single source company, individual, or family, regulatory scrutiny of private foundations balances distributions and protects charitable interests. Our goal is to keep abreast of new developments and keep our private foundation clients informed about the legal responsibilities, so they can concentrate on their mission.
Health Care and Social Service Organizations
Charities that provide services to underserved populations have unique challenges. State and federal regulations dictate how they are paid, how they maintain confidentiality of client information, and how they raise money. We know these regulations like the back of our hands. We also understand how to guide compliance within mission and vice versa.
Zachary J. Crain
Attorney & Chair, Corporate & Transactional Services
Donald M. Lewis
Founding Attorney (Retired)
Services We Offer
Services we offer for nonprofits, association and private foundations include:
- Corporate formation and tax exemption application
- Board, member and governance advice
- Unrelated business income tax issues
- Real estate and lease review
- Review of independent contractor agreements
- Charitable solicitation issues and donor agreements
- Scholarship policies and application forms
- Mergers, joint ventures, affiliation agreements
- Attorney General investigations and inquiries
- IRS audits and inquiries
- Grants to individuals
- Trademark and copyright needs
- Licensing of intellectual property
- Data privacy and security
- Private foundation distribution requirements, grants to individuals and expenditure responsibility
- Sales tax audits
- Investment and spending policies
- Endowment fund modification and advice
- Program-related investments
- Grants to foreign organizations
- Unrelated business income rules
- Registration and reporting requirements
- Legislative and political activities
- Executive Director/CEO agreements
- EEO training, including harassment, discrimination, and implicit bias training
- Workplace investigations
- Preventative employment counseling and advice
- Employee handbooks and policies
- Reductions-in-force
Who We Represent
- Charitable organizations
- Associations
- Private and corporate foundations
- Private and charter schools
- Private colleges and universities
- Hospitals and clinics
- Home care and ambulance services
Recent Examples of Our Work
- Representation of nonprofits in corporate formation (articles, bylaws and conflict of interest policies) and application for federal tax exemption
- Representation of nonprofits in internal (self-initiated) governance audits and reviews
- Representation of multi-hospital system in compliance with federal and state laws and regulations
- Representation of nonprofit association in forming corporate subsidiary to offer insurance products to members
- Representation of nonprofits in Attorney General investigations
- Representation of nonprofit associations in membership disputes
- Representation of nonprofits with respect to federal, state and city grants and contracts
- Representation of colleges and hospital foundations in releasing restrictions related to endowment funds
- Representation of Fortune 100 corporation in forming corporate foundation
- Representation of social service nonprofits in merger
- Representation of social service nonprofit in forming subsidiary to carry out social enterprise
- Representation of nonprofits in sale or distribution of assets and dissolution
- Representation of nonprofits in employment law proceedings, including discrimination, whistleblower, and wage-and-hour matters before administrative and judicial bodies
- Representation of nonprofits in individual terminations and reductions-in-force
- C-suite investigations for nonprofits and associations
- Sexual harassment investigation for association