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  2. Nonprofits & Associations

Insights on Nonprofits & Associations

214 total results. Page 1 of 9.

Alerts
An Unprecedented Semester: Higher Education Faces Challenges From Washington
June 16, 2025
Brian Farkas, Laura E. Doyle*, Les Jacobowitz, Sarah K. Maneval, Berin S. Romagnolo

Running a college has never been an easy job. But as this academic year draws to a close, higher education is experiencing new challenges with potential long-lasting impacts.

Alerts
House Advances Tax Legislation: Implications for Tax-Exempt Organizations
May 30, 2025
Shira Helstrom, Cameron Custard, Elizabeth L. Horner

On May 22, the US House of Representatives passed H.R. 1, the “One Big Beautiful Bill Act.” This alert highlights the provisions in the Bill that could impact tax-exempt organizations.

Investigations Blog
DOJ Launches Civil Rights Fraud Initiative to Combat DEI Violations Using False Claims Act
May 21, 2025
D. Jacques Smith, Nadia Patel, Roberto Martinez

On May 19, the US Department of Justice (DOJ) announced a novel use of the False Claims Act (FCA) to enforce Trump Administration policies against antisemitism, gender identity and expression, and diversity, equity, and inclusion (DEI) programs.

Alerts
Proposed Tax Legislation: Implications for Tax-Exempt Organizations
May 15, 2025
Shira Helstrom, Cameron Custard, Elizabeth L. Horner

This week, the US House Ways and Means Committee released tax legislation that includes several provisions relevant to tax-exempt organizations.

Alerts
American Chemistry Council v. Bonta: A Decision in Support of Trade and Professional Associations’ First Amendment Rights
May 8, 2025
Brian D. Schneider, Jack R. Bierig, Karen Ellis Carr, Nardeen Billan

Does the First Amendment protect associations’ communications with their members when petitioning government agencies?

The Fine Print
On Good Terms: Five Reasons Why Businesses Should Take Their Terms of Use Seriously
April 30, 2025
Thorne Maginnis

Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often overlooked or given insufficient attention during digital asset development and management.

AI Law Blog
President Trump Signs Executive Order to Advance AI Education in K-12 Schools
April 28, 2025
Thomas S. Brennan, Sean W. Glynn, Bryce W. Donohue, Dan Jasnow, Alexis Mozeleski

On April 23, President Trump signed an executive order (EO) establishing an Artificial Intelligence (AI) Education Task Force to advance AI training for K-12 students, faculty, and staff in the nation’s public-school districts in an effort to provide early exposure to AI concepts and technology and develop “an AI ready workforce and the next generation of AI innovators.”

Alerts
The End of LIBOR: Hotel California Edition [Part IV]
April 22, 2025
Les Jacobowitz

During the transition of the London InterBank Offered Rate (LIBOR) to the approved substitute benchmark in the United States, the Secured Overnight Financing Rate (SOFR), a basic question was raised as to whether the new benchmark and transition implementation were fair and reasonable to both the borrower, on the one hand, and the lender in loans, investors in bonds, and bank counterparties in swaps, on the other.

Press Release
Grosso Honored by DC Appleseed for Commitment to the District of Columbia
April 2, 2025

ArentFox Schiff is pleased to announce that Partner David Grosso has been honored with DC Appleseed’s Lifetime Achievement award for his dedication to democracy and statehood for the District of Columbia.

Events
BPIA 2025 Annual Meeting
April 2, 2025
Stanley H. Abramson

Stan Abramson will speak on the Legal Liability Panel at the Biological Products Industry Alliance’s (BPIA) 2025 Annual Meeting in Sacramento, California, on April 2, 2025. His work is focused on chemical, biological, and biotechnology products for agricultural, industrial, and consumer use.

Alerts
The End of LIBOR: Hotel California Edition [Part III]
March 24, 2025
Les Jacobowitz, Elizabeth Satarov

During the London InterBank Offered Rate (LIBOR) transition, and post LIBOR’s end date of June 30, 2023, the goal for all should be that (1) the effective interest rates be generally economically equivalent as a result of the transition and (2) interest rate expectations be met of the parties to the financial instruments, such as borrowers and lenders, swap counterparties, and bond issuers, trustees and holders.

Alerts
Nonprofit’s Diversity Scholarship Program Challenged in Federal Court
March 19, 2025
Cameron Custard, Shira Helstrom, Alexandra M. Romero

On March 5, Do No Harm filed a lawsuit against the American Chemical Society (ACS), a 501(c)(3) nonprofit organization, challenging a scholarship program for undergraduate students from historically underrepresented groups in the chemical sciences.

Alerts
Know What You Don’t Know: What Are the Top Legal Issues Nonprofits and Associations Are Thinking Through Right Now?
March 10, 2025
Brian D. Schneider, Shira Helstrom, Sean W. Glynn, Craig Engle, Brian Farkas, Travis L. Mullaney, Kevin R. Pinkney, Aram Ordubegian, Molly L. Wiltshire, Jack R. Bierig, Megan Woodward Daily

The landscape is in flux right now for nonprofits, to say the least. To help structure your action plan, these are some of the top questions our Nonprofits & Associations team has been helping our clients think through.

Events
Foundations on the Hill 2025
February 23, 2025
Oliver Spurgeon III*

Senior Government Relations Director Oliver Spurgeon will give a presentation titled “Reconciliation: What It Means for Sector Policy Priorities” Foundations on the Hill 2025, hosted and presented by United Philanthropy Forum and the Council on Foundations in partnership with Independent Sector, in Washington, DC, on February 23, 2025.

Alerts
Proposed Legislation Targets Nonprofits Supporting Immigrant Communities
February 20, 2025
Cameron Custard, Shira Helstrom, Cissy Jackson

Proposed legislation introduced in the US Senate last week would deny tax-exempt status to certain organizations that support undocumented immigrants. The legislation would change the eligibility requirements for 501(c)(3) tax-exempt status.

Alerts
The End of LIBOR: Hotel California Edition [Part II]
February 5, 2025
Les Jacobowitz, Elizabeth Satarov

On October 1, 2024, the United Kingdom Financial Conduct Authority (UK FCA) phased out ‘Zombie’ LIBOR, as a transitional benchmark, with the move to alternative “risk-free” rates.

White House
Alerts
Updated: Court Halts Trump Administration Order Pausing Government Grants; Trump Administration Rescinds OMB Memo
January 28, 2025
Cameron Custard, Sarah A. W. Fitts, Shira Helstrom, Elizabeth L. Horner, Les Jacobowitz, Cissy Jackson, Travis L. Mullaney, Alexandra M. Romero, Brian D. Schneider, J. Michael Showalter, Michael L. Stevens, David Tafuri

Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge in Washington, DC, temporarily ordered the freeze to be lifted until at least Monday February 3, when a full hearing will occur as to whether the freeze is permissible under federal administrative procedure laws and the First Amendment.

Alerts
What Employers and Nonprofits Should Know About Trump’s Executive Order Banning Diversity Preferences
January 23, 2025
Anne-Carmene Almonord, Cameron Custard, Sean W. Glynn, Shira Helstrom, Cissy Jackson, Nancy J. Puleo, Alexandra M. Romero, Lauren C. Schaefer, Brian D. Schneider

Following his inauguration on January 20, President Trump signed a slew of executive orders, including a handful related to Diversity, Equity, and Inclusion (DEI) initiatives.

Alerts
State and Local Sexual Harassment Prevention Training Requirements
January 16, 2025
Henry Morris, Jr.

Educating employees about sexual harassment — what it is, that it is unlawful, that your organization won’t tolerate it, how to prevent it, how to respond to it, etc. — can contribute to safer and more productive workplace, plus reduce exposure to successful harassment claims. Recognizing that, on their own, many employers have implemented sexual harassment prevention training programs.

Alerts
Trade Association Governance: Policies That Support the Three “Executives” — the Executive Committee, Executive Session, and Chief Executive
December 5, 2024
Brian D. Schneider

When was the last time your association board and chief executive asked each other, “How should we work together?”

Health Care Counsel Blog
Health Care Provider Loses Tax-Exempt Status in Fifth Circuit Decision
November 6, 2024
Douglas A. Grimm, Shira Helstrom, Craig Engle, Cameron Custard

On October 28, the US Court of Appeals for the Fifth Circuit held that a nonprofit corporation that coordinates health care for privately insured patients does not qualify for tax exemption under Section 501(c)(4) because it is not “operating exclusively for the promotion of social welfare.”

Alerts
Strategic Use of Arbitration Provisions in Nonprofits’ Contracts
October 29, 2024
Sean W. Glynn, Brian D. Schneider, James H. Hulme

In the nonprofit sector, organizations often face unique legal challenges that require efficient and cost-effective dispute resolution mechanisms. Arbitration provisions in contracts can offer nonprofits a strategic advantage by providing a streamlined process for resolving disputes.

Alerts
DOJ Statement of Interest Offers Reminder for Trade Associations
October 8, 2024
Brian D. Schneider

The US Department of Justice (DOJ) recently issued a Statement of Interest that underscores the need for careful evaluation of every survey and other information exchange managed by trade associations for the unique risks to impact competition.

Alerts
How Can Our Board Work Better? A Brief, Practical Guide to Legal Considerations for Trade Association Board Governance
August 26, 2024
Brian D. Schneider

Trade association boards, like the boards of other private companies, often consist of stakeholders who are personally and professionally invested in the organization.

Press Release
AFS Provides Pro Bono Representation for Massachusetts Synagogue
August 22, 2024

ArentFox Schiff successfully represented Chabad Lubavitch of Chestnut Hill (CCH), a synagogue in Brookline, Massachusetts, in a dispute among local synagogues and Jewish nonprofits concerning the distribution of the assets of two defunct nonprofit entities.

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