News & Analysis as of

Complicit in Sin: the Burden of the Opt-Out Form

Does filling out a form burden religious beliefs? We’re about to find out. On November 6, the Supreme Court agreed to review a group of seven cases (led by No. 14-1418, Zubik v. Burwell) brought by religious non-profit...more

Cybersecurity & Nonprofits: A Matter of Time?

The ever increasing cyber-attacks and data breaches targeting the private sector and government agencies, and the increased focus on cybersecurity plans and preparedness, may seem like remote risks for nonprofit...more

Did 19 Law Professors Get The Business Judgment Rule Wrong?

In yesterday’s post, I wrote about the amicus curiae brief filed by 19 law school professors in Friedrichs v. California Teachers Ass’n, a case now pending before the United States Supreme Court.  Being a California corporate...more

IREG Update - October 2015 #3

Recent closures demonstrate weakness in ACA CO-OP program - Background - The Affordable Care Act (ACA) was signed into law five and a half years ago, dramatically changing health insurance regulations and creating a...more

Nonprofit Revitalization Act Employed Board Chair Prohibition Delayed to 2017

On October 26, 2015 Governor Cuomo signed into law Chapter 388 of the Laws of New York of 2015 (Assembly Bill A7641/Senate Bill 5738) delaying from January 1, 2016 to January 1, 2017 the effective date of the provision of the...more

Spotlight On Alabama: A Busy Tax Year in Review

It has been a busy year for developments in Alabama state taxation. In this tax alert we review many of the significant developments that have occurred over the last 12 months....more

New York Stock Exchange releases cybersecurity guide for public companies

We continue to urge CEOs and boards of public companies (and private and not-for profits) to harken the call of getting a handle on cybersecurity risk to companies today. Not too soon, the New York Stock Exchange published a...more

In Avera Marshall Medical Staff Bylaws Dispute, District Court Rules in Hospital's Favor on Remand - Ruling affirms that boards of...

On remand from a decision by the Minnesota Supreme Court, the Lyon County District Court recently ruled that Avera Marshall Regional Medical Center’s Board had the authority to amend the hospital’s medical staff bylaws and...more

Doing Well by Doing Good: Why Startups May Want to Consider B Corp Status

Socially and/or environmentally minded startup entrepreneurs should take a second look at B corporations. Informally, many companies seek to bring good to the community in which they do business and operate in a socially and...more

Intellectual Property Alert: Google Books Affirmed as Fair Use

The Court of Appeals for the Second Circuit has affirmed a lower court’s finding that the Google Books project constitutes fair use, and is not an infringement of the copyrights in the millions of books contained in the...more

HUD Charges Colorado Landlords with Violations of the Fair Housing Act

On October 7, HUD announced a September 24 Charge of Discrimination against a group of Colorado landlords for allegedly “steering” families with children to apartments located at the rear end of the apartment building, an...more

[Webinar] How to Survive the Attorney General Hospital Sale Approval Process - Oct. 21st, 9:00am PDT

California law requires nonprofit hospitals who want to sell, join a system, or cede control to another to provide an extensive written notice and seek the approval of the California Attorney General. This webinar will...more

California Clarifies Investment Standards for Public Benefit and Religious Corporations

Without a lot of fanfare, the California State Legislature recently passed a bill that seeks to provide some clarity for charities as to how they are supposed to invest their assets. ...more

Allen & Overy Partner Co-Authors Chapter on Swap Dealer Pay-to-Play Rule in 2015 Edition of Book on Regulation under Dodd-Frank

The 2016 elections pose potentially significant set of compliance challenges for swap dealers subject to CFTC Rule 23.451, the pay-to-play rule established by the U.S...more

IRS Proposes New Rules for Substantiating Charitable Contribution Deductions: What Every Charity Needs to Know

Anyone who has ever given to a charity is familiar with the contribution receipt: it thanks the donor for the contribution, indicates the dollar amount of the gift and states that the charity did not provide any goods or...more

Perspectives - September/October 2015

In a decision in which no opinion commanded a majority, the Ohio Supreme Court sided with a private entity — a charter school operator — in a dispute over the ownership of personal property purchased by the operator with...more

FOS feeds back on complaints obligations for NFP

FOS has published its feedback statement to responses on its consultation on amendments to its standard terms affecting businesses subject to the voluntary jurisdiction (see FReD 21 August 2015). The responses received were...more

HUD, FDIC, and U.S. Attorney File Suit Against Mortgage Lending Companies

On September 28, HUD, the FDIC, and the U.S. Attorney for the Eastern District of New York filed suit against a non-profit housing counseling corporation and certain mortgage lenders for allegedly running a scheme to defraud...more

FCC Announces Regulatory Fees Due for FY 2015

The FCC has released its annual Report and Order showing the regulatory fees due for the 2015 fiscal year. The fees must be received by the FCC by 11:59 PM EDT on September 24, 2015. The FCC’s electronic payment system is...more

ACG Louisiana Holding Second Annual Energy Case Cup Competition

The Louisiana Chapter of the Association for Corporate Growth (ACG Louisiana) will hold its second annual Energy Case Cup Competition in October. Last year's inaugural competition included more than 100 undergraduate students...more

Employee Benefits Developments August 2015

Certain Closely Held For-Profit Employers Need Not Provide Women’s Contraceptive Services. Under the ACA, non-grandfathered group health plans must cover specified preventive services, including certain women’s preventive...more

Managing Threats to Corporate Reputations (Part II of III)

Most companies do not adequately manage their reputations and the risks to their reputations. Too many companies are focused on “crisis” management, which is just another way to respond to a reputational risk that has already...more

Greater sage-grouse and land use in the inter-mountain west

The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

Illinois Preventing Sexual Violence in Higher Education Act Takes Effect

On August 21, 2015 Governor Rauner signed into law the new Illinois Preventing Sexual Violence in Higher Education Act, Public Act 099-0426 (the Act). The new law imposes a number of requirements on higher education...more

Added Compliance Burdens: New York Nonprofits Have to Implement Workplace Violence Programs

In 2010, New York State enacted its New York Prudent Management of Institutional Funds Act (NYPMIFA); in 2012 Governor Cuomo promulgated Executive Order 38 capping excess compensation at nonprofits receiving government...more

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