The government recently issued final rules on the Mental Health Parity and Addiction Equity Act (MHPAEA). The rules require most employers—including most nonprofits—to take action by January 1, 2025....more
With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more
4/2/2024
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Copyright Ownership ,
Copyright Registration ,
DMCA ,
Fair Use ,
Intellectual Property Protection ,
IP License ,
Music ,
Nonprofits ,
Open Source Software ,
Photographs ,
Safe Harbors ,
The Copyright Act
Newly proposed regulations that would help define the parameters that charitable fundraising platforms and platform charities must observe in California were published by the California Department of Justice ("Department") on...more
In 2023, eight more states passed comprehensive data privacy legislation, adding to the six that had passed broadly applicable privacy laws in years prior. In addition, several issue-specific laws regulating health data, data...more
Customer donation programs work. Although consumer fatigue with answering round-up and add-a-dollar prompts is on the rise, these point-of-sale fundraising campaigns have become effective tools for nonprofits to fundraise and...more
10/11/2023
/ Charitable Donations ,
Common Law Torts ,
Compliance ,
Corporate Counsel ,
CVS ,
Dismissals ,
Duty to Disclose ,
Fraud ,
Fundraisers ,
Material Misstatements ,
New Legislation ,
Point of Sale Terminals ,
Retailers ,
Sponsorship Agreements
Nonprofit membership organizations have been increasingly active when it comes to regulating conduct and ethics of members, both in their professional roles and in connection with association activities. When done properly,...more
The regulatory landscape governing how your nonprofit must protect its data and what it needs to do in the event of a breach is constantly shifting. With new privacy laws in multiple states—including most notably Colorado—and...more
3/2/2023
/ Best Practices ,
Charitable Organizations ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Incident Response Plans ,
Policies and Procedures ,
Popular ,
Privacy Laws ,
Webinars
On February 3, 2023, the Antitrust Division of the Department of Justice (DOJ) withdrew its nearly 30-year-old guidance on information exchanges in the healthcare industry, including the "safety zone" for benchmarking that...more
The New York Not-for-Profit Corporation Law (N-PCL) has been amended again, and this time, the amendments make decision-making easier for New York nonprofits. ...more
On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices and enforcing antitrust laws—proposed a rule that, if enacted, will...more
1/24/2023
/ 501(c)(3) ,
Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Unfair Competition
On November 21, 2022, the California Department of Justice (the "Department") published a notice delaying implementation of highly anticipated fundraising regulations applicable to nonprofits and businesses. The notice of...more
Cybersecurity is a growing concern for all nonprofit organizations, especially those that store, process, and transmit sensitive data. While it is common to think of the cyber issue as relevant to digital communications and...more
Is your tax-exempt organization working on major construction or renovations on your property? Or considering purchasing new energy-efficient cars for your organization? If so, there is some good news for you....more
The COVID-19 pandemic caused many nonprofits to postpone or cancel conferences, conventions, trade shows, and other events. This has often meant working with nonprofit organization members and attendees to coordinate...more
An allegation of misconduct or illegality can have very harmful effects for an organization: it can hurt staff morale, violate an organization’s mission, and, in extreme circumstances, can threaten a nonprofit’s exempt...more
California is leading the way in regulating certain online fundraising activities that have not historically (or explicitly) been addressed in states' charitable solicitation laws. As we wrote last fall, Governor Newsom...more
6/17/2022
/ Charitable Donations ,
Charitable Organizations ,
Comment Period ,
Digital Platforms ,
Disclosure Requirements ,
Donations ,
Fundraisers ,
Governor Newsom ,
NPRM ,
Public Hearing ,
Tax Exempt Entities
While many nonprofits have already taken advantage of the opportunities available to them under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and subsequent COVID-19 relief legislation, there are still...more
The Small Business Administration (SBA) is auditing Paycheck Protection Program (PPP) loan forgiveness applications for both First Draw and Second Draw PPP loans, including for nonprofit organizations that received loans. As...more