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Education, Charitable, and Not-for-Profit Organizations

The attorneys in our Education Charitable, and Not-for-Profit Practice Group have extensive experience advising both start-up and existing organizations on governance and operational matters, obtaining tax-exemption from the Internal Revenue Service, and on related state and local matters. In addition, our firm advises clients involved in joint ventures between tax-exempt and for-profit organizations.

While charitable organizations routinely confront legal issues common to all types of business, many matters are unique to non-profits.  The practice group has a particular focus on the issues which are of specific concern to charitable, education, and not-for-profit organizations, such as:

  • Structuring articles of incorporation, bylaws and other governance documents.
  • Securing and maintaining tax-exempt status.
  • Providing advice regarding corporate procedures and governance, and operation of the board of directors.
  • Preparing and reviewing conflict of interest policies.
  • Addressing employment and employee benefit matters.
  • Reviewing leases and other contracts.
  • Assisting with respect to tax-exempt financing.
  • Advising regarding Internet and intellectual property matters.
  • Addressing software licensing, copyright, trademark, patent and computer law issues.
  • Working with institutions to implement creative planned giving strategies, such as charitable gift annuity programs, donor advised funds and split-interest trusts.
  • Assisting organizations with tax reporting requirements, appropriate means to obtain favorable tax treatment and to avoid unfavorable tax consequences, and ongoing compliance with tax and charitable organization laws.
  • Securing rulings and determinations from the IRS.
  • Structuring affiliated organizations and other complex structures, including for-profit subsidiaries, for-profit/not-for-profit ventures and unrelated business taxable income planning.
  • Planning and implementing mergers, liquidations and other strategic restructurings.
  • Advising on a full range of employment law issues, from establishing workplace regulations to solving human resource issues of all types.