Venable's Nonprofit Organizations Practice is pleased to share recent articles, presentations, and video-recorded webinars by our attorneys. This digest brings together some of our most interesting and useful materials, available for your use in tackling the difficult legal challenges facing your organization.
Notable Articles and Publications
Nonprofits Managing Risk for Youth Programs: Ten Key Compliance Strategies
Many nonprofit organizations, such as summer camps, schools, sports leagues, membership associations, religious organizations, childcare centers, and youth clubs for various hobbies, regularly host programs involving participation by children. When working with children, nonprofits must establish and implement safeguarding practices and procedures to prevent the abuse and mistreatment of children. Below are proactive measures nonprofits can take to design and implement effective child protection practices.
Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits
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 copyrights. Below are some of the key copyright issues that we have found increasingly relevant to nonprofits of all sizes and types.
Tennessee and Utah Amend Charitable Solicitation Laws
Tennessee and Utah have revised the scope of their charitable fundraising laws. These changes will affect how and what nonprofit organizations registered to solicit in those states must disclose to state charity regulators.
Nonprofits Operating Abroad: Five Key Compliance Strategies
With the current state of the world and heightened scrutiny of the nonprofit sector, it is critical that nongovernmental organizations (NGOs) with international reach routinely assess the effectiveness of their trade sanctions controls and compliance measures. Sanctions and export controls exist to protect national security, foreign policy and economic interests of the United States. They are key areas of legal compliance for NGOs, especially those interacting within countries affected by modern-day conflict, cyber threats, corruption, terrorism, and human rights abuses. Taking risk-based and dynamic precautions around new and continued activities is a best practice for managing and dealing with the additional compliance obligations that accompany engaging in activities abroad.
Maximize Your Impact by Understanding Cause-Related Marketing Rules
Understanding the legal requirements for different cause-related marketing campaigns enables your organization to take its campaigns from concept to execution more efficiently, quickly, and compliantly.
New Year, New California Regulations? California Issues, for the Third Time, Proposed Regulations to Implement AB 488
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 on November 17, 2023. This is the state's third attempt at promulgating implementing regulations for Assembly Bill (AB) 488. That law, which amends The Supervision of Trustees and Fundraisers for Charitable Purposes Act, took effect January 1, 2023. Since the start of the year, regulated entities have been required to comply with an incomplete framework, given the lack of implementing regulations, and have been waiting for guidance about how to comply with the new law.
Recent Events
Managing Risk for Nonprofit Meetings and Events in 2024
Venable counsel Andrew Steinberg presented "Managing Risk for Nonprofit Meetings and Events in 2024" for the Association of Corporate Counsel Nonprofit Organizations Network on April 15. Nonprofits host a wide array of meetings, conferences, trade shows, galas, and other events. As in-house nonprofit counsel know well, these meetings present multidisciplinary legal issues in their planning and execution, whether the event is large or small, or held virtually or in person. This panel offered "must have" strategies and best practices acquired through real-world examples to protect nonprofit organizations in a post-pandemic world.
The ABCs of 501(c)s: Tax-Exempt Entities and Political Activity in an Election Year
Venable Counsel Andrew Steinberg presented "The ABCs of 501(c)s: Tax-Exempt Entities and Political Activity in an Election Year" at the ABA Business Law Section Spring Meeting 2024 on April 5. Andrew and his co-panelists discussed different types of tax-exempt entities and the various restrictions they face relating to lobbying and political activity, particularly during an election year, when the typical constraints on tax-exempt organizations can become even more restrictive.
Tips, Traps, and Trends – Developments and Practical Considerations in Charitable Fundraising
Charitable fundraising compliance can be easy enough to understand in theory, but its practical applications and effects are complicated, even for seasoned professionals. Join Cristina Vessels and Christina Lara for this one-hour presentation exploring developments in charitable solicitation laws and how best to navigate thorny online fundraising issues, including compliance with new rules for charitable fundraising platforms.
Managing Risk in an Election Year: Considerations for Nonprofits
The election year offers nonprofit organizations tremendous opportunities to shape debate and engage an activated electorate. But many organizations pause over how to pursue these opportunities while complying with the limits and restrictions of their tax status and campaign finance laws. This program will help organizations navigate common election-year activities – including voter education, engaging with candidates and officeholders, and the personal political activities of employees – with advice on the rules and best practices to keep your organization compliant.
What Your Nonprofit Needs to Know About Online Fundraising in 2024
Venable associate Ashleigh Allione presented "What Your Nonprofit Needs to Know About Online Fundraising in 2024" at the Association of Corporate Counsel Nonprofit Organizations Network on February 15. Venable is the 2024 sponsor of the ACC Nonprofit Law Network.
Antitrust – What It Means, Why It Matters
Join attorneys from our Antitrust Group as they examine the brave new world of antitrust enforcement by the DOJ, FTC, and state attorneys general, as well as cases brought by the private plaintiffs' bar, and address how the new developments affect programs and services of nonprofit associations.
Responding to Complaints of Harassment – How to Conduct an Effective Internal Investigation
Investigating complaints of workplace harassment can be challenging for even the most seasoned of nonprofit HR professionals. Responding to complaints properly and conducting an effective investigation are essential to minimizing both legal risks and the negative impact on workplace culture.