The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more
9/16/2024
/ Anti-Discrimination Policies ,
Antitrust Violations ,
Class Action ,
Copyright ,
Coronavirus/COVID-19 ,
Data Privacy ,
Defamation ,
Denial of Certiorari ,
Department of Justice (DOJ) ,
Equal Pay Act ,
Fair Use ,
Federal Trade Commission (FTC) ,
Fédération Internationale de Football Association (FIFA) ,
Fiduciary Duty ,
Fundraisers ,
Health Insurance ,
Internal Revenue Code (IRC) ,
IRS ,
Jurisdiction ,
Liability ,
Motion to Dismiss ,
Name and Likeness ,
Negligence ,
Nonprofits ,
Personal Jurisdiction ,
Preliminary Injunctions ,
Public Records ,
Public Records Act ,
Race Discrimination ,
Regulatory Agenda ,
SCOTUS ,
Severance Agreements ,
Sexual Abuse ,
Sherman Act ,
Standing ,
Tax Court ,
Tax Exempt Entities ,
TCPA ,
The Clayton Act ,
Vaccinations ,
Venture Capital
A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022.
Governance -
Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022)...more
1/18/2023
/ Anti-SLAPP ,
Appeals ,
Breach of Contract ,
Certifications ,
D&O Insurance ,
Declaratory Judgments ,
Defamation ,
Duty to Defend ,
Fiduciary Duty ,
Injunctive Relief ,
IRS ,
Liability ,
Nonprofits ,
NY Supreme Court ,
Sovereign Immunity ,
Trial Court Orders
A review of key legal developments for nonprofit organizations at the federal and state levels in 2020 and 2021.
Antitrust Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 1, 2021), No. 407 &...more
12/30/2021
/ Antitrust Violations ,
Blue Cross ,
Blue Shield ,
Defend Trade Secrets Act (DTSA) ,
Fiduciary Duty ,
Infectious Diseases ,
Lanham Act ,
Negligence ,
Popular ,
Public Records Act ,
RICO ,
Sherman Act ,
TCPA
A review of key legal developments for nonprofit organizations at the federal and state levels in 2019 and 2020.
Antitrust enforcement continues against nonprofits.
Nonprofits have litigated in other areas, including...more
1/4/2021
/ Anti-Competitive ,
Board of Directors ,
Breach of Contract ,
CARES Act ,
Certification Requirements ,
Class Action ,
Department of Justice (DOJ) ,
Failure To State A Claim ,
False Advertising ,
First Amendment ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internal Revenue Code (IRC) ,
IRS ,
Lanham Act ,
Motion to Dismiss ,
Nonprofits ,
Opioid ,
Paycheck Protection Program (PPP) ,
Price-Fixing ,
RICO ,
SBA ,
Sherman Act ,
Trade Associations ,
Unjust Enrichment
For associations facing a bleak future as a result of COVID-19, a merger with another association in the same field may provide a lifeline. Integrating culture and operations poses challenges, but when they can be overcome,...more
Depending on size and tax-exemption status, nonprofit organizations may be eligible for federal relief.
Nonprofit organizations can qualify for financial relief under certain provisions of the CARES Act, which is designed to...more
4/10/2020
/ Affiliated-Business Arrangements ,
Affiliates ,
Board of Directors ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Electronic Records ,
Employee Retention ,
Executive Compensation ,
Federal Loans ,
Financial Stimulus ,
Health Insurance ,
Lenders ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Shareholders ,
Shelter-In-Place ,
Small Business ,
Social Distancing ,
Stocks ,
Tax Relief
Force majeure and other important considerations for nonprofits.
Nonprofit organizations should carefully review their event contracts before deciding whether to cancel due to COVID-19, in order to ascertain potential...more
When and how two associations combine in a merger depends a lot on circumstances at the beginning, middle, and end of the transaction. From leadership transitions to board meeting schedules to advocacy needs, here’s how...more
A review of key legal developments for nonprofit organizations at the federal and state levels in 2018 and 2019.
Antitrust enforcement continues against nonprofits.
...more
12/30/2019
/ 501(c)(3) ,
Antitrust Violations ,
Campaign Contributions ,
Certifications ,
Corporate Governance ,
Federal Election Commission (FEC) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Internal Revenue Code (IRC) ,
Nonprofits ,
PACs ,
State Labor Laws ,
State Law Tort Claims
DOL Opinion Letter confirms that volunteer status not jeopardized by nonprofit payment of expenses.
Department of Labor Opinion Letter endorses non-employee classification of member volunteers at nonprofit, without...more
9/19/2018
/ 501(c)(6) ,
Charitable Organizations ,
Classification ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Nonprofits ,
Opinion Letter ,
Policies and Procedures ,
Regulatory Reform ,
Religious Institutions ,
Subject Matter Experts (SMEs) ,
Volunteers ,
Wage and Hour
Talone settlement highlights the continuing risk nonprofit organizations face if they link membership to credentialing.
- Antitrust class action targeted American Osteopathic Association’s practice of requiring physicians...more
8/21/2018
/ Antitrust Violations ,
Business Associations ,
Certification Requirements ,
Class Action ,
Consumer Fraud ,
Illegal Tying Arranegements ,
Membership Agreements ,
Motion to Dismiss ,
Osteopathic Physicians ,
Physicians ,
Sherman Act ,
State Medical Board
A review of key legal developments at the federal and state levels for nonprofit organizations -
Federal government and private antitrust enforcement continues against nonprofits. ...more
7/5/2018
/ 501(c)(4) ,
501(c)(6) ,
Antitrust Investigations ,
Articles of Incorporation ,
Association Health Plans ,
Board of Directors ,
Bylaws ,
Competition ,
Employee Retirement Income Security Act (ERISA) ,
Federal Trade Commission (FTC) ,
Franchise Taxes ,
Gross Negligence ,
Health Care Providers ,
Homeowners Association (HOA) ,
IRS ,
Mismanagement ,
Nonprofits ,
Personal Jurisdiction ,
Sherman Act ,
Trade Associations
How will the new European Union data protection law affect U.S. nonprofit organizations?
Nonprofit organizations based in the U.S. can often handle large amounts of data which originates in the EU—for example, they may...more
4/24/2018
/ Cybersecurity ,
Data Breach ,
Data Processors ,
Data Protection ,
Data Protection Officers (DPOs) ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Nonprofits ,
Notice Requirements ,
Personal Data ,
Personally Identifiable Information ,
Risk Management ,
Websites
There have been important legal developments at the federal and state levels for nonprofit organizations. -
Takeaways
- Nonprofits continue to experience Federal government and private litigant antitrust enforcement....more
9/15/2017
/ 501(c)(3) ,
Anti-Tying ,
Antitrust Investigations ,
Breach of Duty ,
CASL ,
Corporate Dissolution ,
Cy Pres Funds ,
Disclosure Requirements ,
Embezzlement ,
Federal Election Commission (FEC) ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Human Resources Professionals ,
Insolvency ,
IP License ,
No-Poaching ,
Non-Solicitation Agreements ,
Nonprofits ,
Osteopathic Physicians ,
Political Contributions ,
Price-Fixing ,
Professional Associations ,
Sherman Act ,
Trade Associations ,
Ultra Vires
On June 12, 2017, the U.S. District Court for the District of New Jersey denied a motion to dismiss a class action against the American Osteopathic Association (AOA) in Talone v. American Osteopathic Association (No....more
7/19/2017
/ 501(c)(3) ,
Anticompetitive Agreements ,
Antitrust Violations ,
Certification Requirements ,
Class Action ,
Illegal Tying Arranegements ,
Membership Agreements ,
Nonprofits ,
Osteopathic Physicians ,
Popular ,
Sherman Act ,
Trade Associations
The Nonprofit Organizations Practice at Pillsbury has prepared this summary of significant legal and policy developments that have occurred in approximately the past year. All of these developments have potential impacts upon...more
12/2/2016
/ 501(c)(3) ,
501(c)(4) ,
Age Discrimination ,
Antitrust Violations ,
Attorney-Client Privilege ,
Board of Directors ,
Colleges ,
Constitutional Challenges ,
Corporate Governance ,
Hiring & Firing ,
IRS ,
Mergers ,
Non-Profit Hospitals ,
Political Contributions ,
Private Foundations ,
Sale of Assets ,
Tax Exempt Entities ,
Wrongful Termination
On February 25, 2015, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, holding that a regulatory board made up of market participants is exempt from...more
Title III of the Americans with Disabilities Act (ADA), as amended, mandates that private entities offering examinations or courses related to certain applications, licensing, certification, or credentialing ensure that such...more
30-SECOND SUMMARY It may seem logical for certain for-profit organizations to enter into business arrangements with nonprofits. Although both parties can certainly benefit from such an arrangement, the nonprofit must be...more
The New York Non-Profit Revitalization Act of 2013 (the “Act”) was signed into law December 18, 2013, and the bulk of its provisions will take effect July 1, 2014. As we reported in our previous alert on the subject, the...more
On May 14, 2013, New York State Attorney General Schneiderman joined with the New York Senate and Assembly Committee Chairs to propose legislative reforms to New York’s charities and nonprofits laws. If the reforms are...more