A counsel in Venable’s Nonprofit Organizations Practice, Cristina Vessels advises both nonprofits and corporate brands on the intricacies of cause-related marketing, fundraising, and broader philanthropic endeavors. In this third Q&A in our series featuring members of Venable’s nonprofit team, Cristina reflects on how she helps clients adapt in a shifting legal landscape, and why cause-related marketing remains a powerful tool for both nonprofits and companies.
Q: What drew you into nonprofit law, and how did you develop your focus in this area?
Cristina: I didn’t have a traditional on-ramp into counseling nonprofits. I started my career practicing political law, but early on, one of my colleagues who counseled nonprofits on cause-related marketing, fundraising, and related issues was taking leave, and I volunteered to cover her clients while she was out. So, I was immediately thrown into this very niche area. Nobody else in our practice was really handling that type of work at the level my former colleague had, so I quickly had to sink or swim. But diving into that specific area of law in that way gave me the space to become an authority in something nobody else in our group was really doing at the time.
Q: What are some of the issues nonprofits encounter when they’re trying to fundraise or promote their mission?
Cristina: I think one of the most interesting themes I see over and over is that most people are often surprised to learn that not only are there regulations around charitable fundraising, but the rules are detailed and very specific to the type of campaign being conducted. Time and again, especially with corporate clients—about half of my clients are for-profits and the other half are nonprofits—I run into this. Very often, when a new corporate client comes in, they’re already halfway through planning a fundraising campaign or pitch only to learn there’s a whole set of regulations and requirements they have to meet. At that point, I need to help my clients quickly pivot or make program modifications to keep everything from grinding to a halt. But it’s not just my corporate clients; even some nonprofit clients can be surprised to learn that certain of their activities might have regulatory consequences. That learning curve is one of the most consistent themes I encounter.
Q: How do you help clients navigate evolving laws and uncertainty in this space?
Cristina: Much of my work has been helping clients structure campaigns that aren’t squarely addressed by existing laws—figuring out where regulators are likely to focus and what concerns they’re likely to prioritize. Recently, a few states adopted new laws to address some of these creative approaches to compliance that companies have adopted over the last 10 years or so. The challenge has been that these new rules are exceptionally difficult to counsel clients through, because the compliance is incredibly burdensome. So now we’re still threading the needle, but with a lot more challenges to navigate along the way.
Q: What kinds of partnerships do you see between for-profits and charities, and how do you help them work together effectively?
Cristina: You’d be surprised at the different kinds of partnerships you see between companies and the charities they support. Sometimes the connection is very logical—like a pet supply store supporting a pet rescue organization. That’s a natural fit. Other times, the link takes more thought, but once you see it, you realize what the marketing team had in mind and how their campaigns can really be built out to be successful. Because I see what both sides want to achieve, when I’m counseling my clients and we’re working through what the other side has asked for, I can often cut out a few steps. By helping my charity clients understand what are likely to be negotiable aspects of a collaboration and at other times helping my corporate clients see the practical limits nonprofits work within, we can move both sides to a final agreement more quickly.
Q: Social media have become a major vehicle for fundraising. How do you advise clients to ensure their campaigns are both effective and compliant with federal and state regulations?
Cristina: One of the biggest challenges with compliance, and simultaneously one of the most important aspects of compliance to understand, are the disclosures for a fundraising campaign—the consumer protection aspect of campaigns. If you get only one thing right, it has to be transparency with the public and presenting clearly how a campaign will work. The problem is that applicable laws don’t specifically address what needs to appear on one platform versus another—and frankly, whether that’s even possible—so you have to get a bit creative. On some of the older platforms, for example, you at least have room for captions or bios to explain a promotion. But with newer platforms that are video- or audio-based, you may not have space for written disclosures. So, we look for workarounds—like overlaying an image or text on video—to adapt and reduce risk. It’s been interesting to figure out what aligns with the spirit of disclosure while still working within the practical limits of different social media platforms.
Q: From your perspective, what are the biggest challenges nonprofits are facing right now, and what advice would you give?
Cristina: Nonprofits are being bombarded with challenges—everything from the revocation of federal funding to shifting immigration priorities and how those policies affect charities serving not just refugees and asylum seekers, but organizations supporting lesser-resourced communities more broadly. So, there are a lot of issues. But from a fundraising perspective, nonprofits would be wise to understand where their money is coming from—whether that’s individuals, corporations, or government funding, and then make sure that they are diversifying their sources of support, so they are not reliant on any one type of funding stream.
Q: Is partnering with a brand still a good option for nonprofits in this environment?
Cristina: Partnerships always carry some level of risk, so nonprofits have to be cautious. But there’s room for nonprofits and companies to diversify and find meaningful and yet non-traditional opportunities for collaboration in this space. That’s part of why cause-related marketing is so popular—campaigns are dynamic, but when they are done right, everyone ends up looking good. Highlighting and raising up people of all stripes is something most of us can get behind. That’s where I think cause-related marketing has a lasting opportunity to shine.
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