Proskauer - Not for Profit/Exempt Organizations

Eleven Times Square (Eighth Avenue & 41st Street)
New York, NY 10036-8299, United States

  • 212.969.3000
  • 212.969.2900

Practice/Organization Description

With the increase in regulatory focus and challenges in this new era of nonprofit governance, charitable giving and business transactions have taken on a new depth and complexity that did not previously exist. We are one of the few international law firms with a leading not-for-profit/exempt organization practice, servicing exempt organizations from around the globe, including small start-up organizations to large hospitals, sports leagues, and international, multi-million dollar foundations and public charities, and across numerous industries, including the arts, science, education, health care and sports.

Our Not-for-Profit/Exempt Organizations Group draws upon the skills of lawyers throughout the firm, giving us the ability to address issues that arise in personal planning, tax, corporate law, intellectual property, litigation, health care, ERISA, labor law and real estate – all among our most renowned practice groups. We have over two centuries of combined experience in diverse practice areas, including representation at the federal and state levels, administrative negotiations, governance and regulatory matters, controversy, charitable giving, finance, and business. In addition, our lawyers have first-hand knowledge of the nonprofit sector from holding directorships and other leadership positions in a variety of not-for-profit/exempt organizations.

Our capacity to offer services to meet the challenges of the post-Sarbanes-Oxley era of corporate governance is second to none. Our lawyers have developed Non-Profit Board best practices while serving on the boards of major ethics and governance organizations, are well-versed in the impact of corporate and financial industry scandals on charitable organizations, and were among the first to address the impact of the Madoff scandal. In particular, we use our diverse expertise to advise our clients on heightened accountability expectations and transparency.

Area of Focus

* Formation Matters

* Obtaining Tax-Exempt Status

* Federal State and Local Filings

* Working with Governmental Agencies (IRS, Departments of Law, Departments of State, Departments of Education, Departments of Health and Various Local Agencies)

* Operational Matters

* Tax Planning

* Governance Structuring

* Fundraising

* Investments

* Copyright/Trademark/Patent Matters

* Personnel Matters

* Real Estate Matters

* Mergers and Acquisitions, Joint Ventures and Consolidations

* Foreign and Domestic Grant Making and Expenditure Responsibility

* Contracts with Foreign Governments

* Directors’ and Officers’ Liability and Insurance

* Asset Protection

* Fiduciary Obligations

* Employment Discrimination Claims

* Employee Classification Issues

* Endowment Issues

* Unrelated Business Income Tax Issues

Key Representations

* The Broadway League, acting as outside general counsel for over 50 years, negotiating collective bargaining agreements and advising on all other labor and employment, pension and benefits, antitrust, tax, corporate governance, litigation, real estate and commercial matters, including privacy, intellectual property, technology and sponsorship agreements, governance policies, as well as their myriad joint ventures, including those with other not-for-profit organizations

* The L.A. Leadership Academy, which operates charter schools, acting as outside general counsel, in connection with the Academy’s acquisitions and leasing of real property, its capital campaigns, and its debt transactions with supporters who provided loans to enable the organization to acquire facilities for the school’s operation

* Continuum Health Partners, a large university hospital and a not-for-profit health services research and philanthropic organization, in various matters relating to the adoption in New York of pay-for-performance initiatives, which use payment methods and other incentives to encourage quality improvement and patient-focused care, as well as the creation of a hospital system including Beth Israel Medical Center, St. Luke's-Roosevelt Hospital and Long Island College Hospital

Catch up on the latest legal news affecting the non-profit sector at our Not-for-Profit/Exempt Organizations Blog

Areas of Practice
  • Commercial Law & Contracts
  • Finance & Banking
  • Government
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Taxation
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Massachusetts
  • New Jersey
  • New York
Other Countries
  • Brazil
  • China
  • France
  • Hong Kong
  • United Kingdom
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