Insights on Nonprofits & Associations

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.

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.

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.

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

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.”

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.

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.

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

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.

ArentFox Schiff is pleased to announce that 135 attorneys have been recognized by The Best Lawyers in America 2025, with two attorneys highlighted as “Lawyers of the Year” and 70 attorneys listed as “Ones to Watch.”

After a year marked by student protests on university campuses nationwide, including encampments and commencement ceremony walk-outs, universities are scrambling to prepare for students’ return to campus the upcoming Fall Semester.

On June 28, the US Supreme Court overruled the Chevron doctrine, significantly reducing the power of federal agencies’ staff acting as experts in interpreting federal statutes.

On June 12, the DC City Council passed the District’s Fiscal Year 2025 (FY25) budget, which includes a 0.49% increase to the mandatory employer payroll tax to support the Universal Paid Family Leave Program.

Fredrick Weber will speak at the National Capital Gift Planning Council’s Annual Planned Giving Day Conference at the American University Washington College of Law on June 6, 2024.

Les Jacobowitz will speak at a hybrid Reorg Panel Event on June 5, 2024.

Effective July 1, employers must pay employees a salary of at least $844 per week (equivalent to $43,888 per year) to qualify for the Executive, Administrative, Professional, Outside Sales, and Computer Employees exemptions from minimum wage and overtime under the Fair Labor Standards Act (FLSA).

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a dispute.

Shira Helstrom will present at the Georgetown Law’s 41st Annual Representing and Managing Tax-Exempt Organizations Conference on April 19, 2024.

Nonprofits and associations commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response.

Shira Helstrom will speak at the ABA Business Law Section Spring Meeting on April 5, 2024.

Consumer Advisory Committee Reinstated and Meeting Scheduled for April 4, 2024, on Heels of AI Robocall Ruling

Labor, Employment & OSHA Partner Henry Morris, Jr. will present at the National Center for the Study of Collective Bargaining in Higher Education and the Professions’ (NCSCBHEP) 51st Annual Conference in New York City on March 17-19, 2024.

With the 2024 election cycle underway, it is important for exempt organizations to understand and comply with relevant restrictions on political campaign activities to safeguard their tax-exempt status and avoid triggering excise tax penalties.

On January 5, 2023, the Federal Trade Commission (FTC or Commission) issued a notice of proposed rulemaking that proposes to ban post-termination noncompetition covenants between employers and employees.

At common law, assets held by charitable nonprofit organizations are generally understood to be held by such organizations in trust for public benefit. See A. Curreri, Charitable Trusts Definitions and History—Purpose—Beneficiaries—Cy Pres Doctrine, 9 St. John’s L. Rev. 114 (Dec. 1934).