Nonprofits Civil Remedies

Read need-to-know updates, commentary, and analysis on Nonprofits issues written by leading professionals.
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Business Court Denies TRO In The Midst of A Proxy Fight

The Defendant in Allcorn v. Bradley Creek Boatominium, Inc. sought an injunction against the Plaintiffs in the midst of a proxy fight as to their allegedly defamatory statements in connection with the election of the...more

D.C. Federal District Court Dismisses Lawsuit Seeking to Block $13 Billion DOJ Settlement

On March 18, the U.S. District Court for the District of Columbia dismissed a lawsuit brought by a non-profit organization challenging the $13 billion global settlement agreement entered by the U.S. Department of Justice...more

Directors of Nonprofit Held Financially Liable for Relying on Incompetent Officers and Lack of Oversight

In a striking decision earlier this year, the 3rd Circuit Court of Appeals affirmed a jury’s findings of liability for breach of fiduciary duties and ‘deepening insolvency,’ and the award of $2.25 million in compensatory...more

Whistleblower verdict upheld against Chicago State University

A Cook County judge recently upheld the verdict in a whistleblower case against Chicago State University. In February 2014, former university employee James Crowley told a jury that Chicago State fired him after he reported...more

Could it be that the Uniform Trust Code would effectively immunize the trustee of a revocable inter vivos trust from liability for...

Section 603 of the Uniform Trust Code provides that while a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries, such as the equitable remaindermen, are subject to the control of,...more

New York Federal Court Dismisses Derivative Suit Against Sons of Norway Executives

On February 6, the US Court for the Eastern District of New York dismissed a derivative suit against the CEO, general counsel and former international president of Sons of Norway, a fraternal organization. Former members of a...more

Standing to Seek Enforcement of Charitable Trusts

“It is the duty of the king, as parens patriae, to protect property devoted to charitable use; and that duty is executed by the officer who represents the crown for all forensic purposes.” Jackson v. Phillips, 96 Mass. (14...more

Religious Institutions Update - November 2013

Diminished donations have led many faith-based organizations to become more creative about increasing revenue. Sometimes these organizations look beyond ordinary ministry functions to supplement income with unrelated...more

The Uniform Trust Code’s stealth attack on the Trustee’s time-honored duty to defend his trust

One of the critical duties of a trustee traditionally has been to defend his trust against internal attacks. By that I mean to defend the trust against those who, in contravention of the settlor’s intentions as expressed in...more

Amendments to Russian Urban Development Code: Clarifications on Tort Liability

Significant amendments affecting the liability of self-regulating organizations and building owners became effective on 1 July 2013. ...more

Discrimination In California Business Establishments: The Unruh Act

While you’d be hard pressed to find a California lawyer who doesn’t know that discrimination against business patron is unlawful, many are not familiar with the California law barring such discrimination – the Unruh Act....more

The ERISA Litigation Newsletter - May 2013

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

The Discovery Rule – Landers v. Wabash Center (Ind. Ct. App. 2013)

In this week's post we examine Indiana's application of the Discovery Rule that, when applicable, can permit a claim to proceed even though it was filed after the statute of limitations has run. This discussion is conducted...more

Public Service Loan Forgiveness

The Public Service Loan Forgiveness (PSLF) Program discharges any remaining debt after 10 years of full-time employment in public service. The borrower must have made 120 payments as part of the Direct Loan program in order...more

Peter J. Gregory Joins Board of Quad A for Kids

Peter J. Gregory has joined the Board of Trustees for Quad A for Kids. The group strives to take kids "Off the Streets and on to Life" by providing programs for Rochester's urban youth outside the normal school hours in a...more

DMCA Safe Harbors De-Coded: 17 U.S.C. Section 512 Re-Organized in More Logical Order

Organizationally speaking, the Safe Harbors part of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, doesn’t make much sense. Provisions governing related matters are often scattered through the section, and...more

Johnson v. Whitehead, et. al

Petitioner's Reply to Respondent's Opposition to Certiorari

Petitioner's reply to the Solicitor General's Opposition to Certiorari. The Solicitor General challenged Petitioner's claim regarding the unconstitutionality of former 8 U.S.C. §1432 (a statute that discriminates based on...more

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