I spoke with host Tony Martignetti on his Nonprofit Radio podcast about indemnification as Part I of our two-part discussion on nonprofit risk management. This follows a recent post we published on indemnification provisions in Bylaws. But on this program, we were able to discuss indemnification in the contexts of both governance...
RISK MANAGEMENT
Traditional Grantmaking Procedures: Are They Really All That Necessary?
I attended a seminar hosted by Exponent Philanthropy where the presenters discussed a unique approach to grantmaking that they referred to as “Catalytic Grantmaking.” The presenters suggested that many of the steps in what they identified as the “traditional grantmaking” process could be ignored to produce a quicker and...
Nonprofit Mergers – Part I: Basic Legal Considerations
Nonprofit corporations may decide to merge for many reasons, including to better advance a common purpose or to expand the range of services offered to common beneficiaries. Generally, in a simple 2-party merger between A (the surviving corporation) and B (the merging corporation also referred to in the law...
Standing to Sue: Director who Resigns or is Removed
An appellate court in California held that a director of a California nonprofit public benefit corporation who had standing to sue the corporation and sue another director for self-dealing did not lose standing after she was removed. In Summers v. Colette, 2019 Cal. App. LEXIS 347, the court differentiated...
Nonprofit Law and Ethics
Nonprofits are subject to laws with which they must comply or face the possibility of legal penalties. But they are also subject to ethical expectations from their key stakeholders. Certainly, many ethical standards are codified in the law. For example, compensating an executive of a charity an excessive amount...
Protecting Your Nonprofit from Sexual Harassment
Sexual harassment has long been an epidemic whose immense scope we, as a society, have only recently recognized. No industry has been spared, as Hollywood, government, media, food, tech, and nonprofits have struggled, and continue to struggle, with sexual and other harassment scandals. Harassment in the workplace harms more...
Risk Management Podcast: How and When Should Your Nonprofit Use a Lawyer?
Nonprofit risk management is an investment, not an expense. I recently had the pleasure of being interviewed by Risk Alternatives CEO Ted Bilich on how and when nonprofits should use a lawyer. The podcast is available here. Topics Lawyers’ Disclaimers Why do lawyers usually want to profess that they are...
Risk Management for Bar Associations: ABA Bar Leadership Institute 2018
I’m looking forward to presenting in Chicago at the American Bar Association Bar Leadership Institute (BLI) again this year on the topic of risk management. The BLI, which takes place March 14-16 is the ABA’s premier bar leadership program. The program features plenary sessions, group discussions, and workshops on...
Stanford Digital Impact Convening – February 2018
On February 14, 2018, I had the pleasure of participating in an international convening of about 50 members of the digital impact community at Stanford University, which was scheduled to immediately precede the Stanford Social Innovation Review’s Data on Purpose conference. Many thanks to Lucy Bernholz, Senior Research Scholar at...
Nonprofit Corporation Legal Audit
All too often, whether a nonprofit corporation is legally compliant in its operations receives attention only after a conflict or issue arises. Instead, a nonprofit corporation can better prevent such conflicts and protect itself through regular legal audits of its corporate governance, federal and state tax exemption, other federal...
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