Nonprofit Committee September Newsletter
> Message from Colleen Struss, Nonprofit Organizations Committee Chair  
> Volunteer Opportunities  
> Annual Meeting - Sessions  
> Annual Meeting NOC Meeting  
> Webcasts  
> Committee Sponsor Updates & Resources  
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Updates From ACC Committees

Message from Colleen Struss, Nonprofit Organizations Committee Chair
Message from the Chair: Keeping Up

This time of year, when we take advantage of even a short vacation break to rest, refresh and renew, we come back to the office with what I like to call the “post vacation glow.”  These days, that glow seems too-soon departed, as the long to-do list isn’t “ta-done!”  (I always wish for a magic gnome to clear my desk while I’m away.  It’s never happened, but hope springs eternal.)

So how do we keep up?  And beyond that, how do we keep current with the ever changing legal landscape?  That’s where your ACC NOC can help.  We have new practice resources available on the ACC website – and would love to hear where you might have gaps we can fill.  We have some outstanding Webcasts lined up, including one next week on nonprofit collaborations (to be presented by our Committee Sponsor, Pillsbury).  Let us know what you need - we’ll do our best to provide practical, useful help.

Happy Fall!

Colleen Struss

NOC Chair, 2015
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Volunteer Opportunities

Would you like to become more involved with the NOC leadership?  We’re looking for volunteers for a variety of positions, from Program Chair (or co-chairs), to subcommittee leadership for membership, advocacy, chapter relations and more.  Questions?  Contact Amy Peña or Colleen Struss.
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Annual Meeting - Sessions

The NOC is sponsoring two sessions at the 2015 ACC Annual Meeting (Boston, October 18-21).  The first is Monday, October 19 at 11 a.m. – session 204, “Advising and Serving on Nonprofit Boards.”   All of us work with Boards in our professional life – and many of us outside of the workplace.  This session will offer practical advice and is a must-attend for anyone working with Boards. 

Our second session is Tuesday, October 20 at 4:30 pm – session 810, “Advanced Contests and Sweepstakes.”  This is an advanced session. You know the difference between a raffle and a sweepstakes. What now? How do you turn that knowledge into a functioning contest or sweepstakes?  This session will offer practical steps including registering with state regulators, selecting a vendor, crafting rules and disclosures, reviewing advertising and dealing with privacy issues in the digital age.
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Annual Meeting NOC Meeting

Please join the ACC NOC meeting Tuesday, October 20, 12:45 – 1:45 PM.  As in past years, we will use most of our meeting time to discuss hot topics in roundtable discussions.  This will be our third year using this approach, and it’s become a popular must-attend for attorneys working at or with nonprofit organizations.  All are welcome!
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The NOC has an upcoming webcast on September 17, 2015 entitled "Nonprofit Collaborations - Mitigating Risk in an Evolving Landscape."

Presented by ACC's Nonprofit Organizations Committee and Sponsored by Pillsbury Winthrop Shaw Pittman LLP
Nonprofit boards expect greater and greater levels of innovative collaborations with for-profit entities, other nonprofit organizations, foreign entities, and even government agencies. Often these arrangements can appear innocuous, with little to no funds changing hands and as little as a one-page MOU. But potential legal problems lurk. This discussion will focus on strategies for identifying and mitigating legal risks in situations which may be unusual or even unprecedented, in the range from joint ventures to mergers.

 Watch e-Groups for more information!

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Committee Sponsor Updates & Resources

The Nonprofit Organizations Committee would like to thank Pillsbury Winthrop Shaw Pittman LLP (Pillsbury) for its sponsorship and role in providing useful information for committee members.  Pillsbury is an international law firm that maintains a specialized nonprofit organizations practice serving trade associations, professional societies, cause organizations, and public charities.  Pillsbury's counseling and advocacy for nonprofits focuses on transactions, governance, tax exemption, antitrust, disputes, intellectual property, human resources and information technology.  The head of the practice, Jerry Jacobs, has written a dozen books on laws affecting nonprofit organizations; recent titles include: Association Law Handbook, Fifth Edition; The Legal Guide to Nonprofit Mergers & Joint Ventures; and Legal Duties for Directors: An Association Board Member¹s Guide to Avoiding Risk While Advancing the Mission.  Another key attorney in Pillsbury's nonprofit organizations practice is Dawn Crowell Murphy, who previously served as an Assistant General Counsel for ACC. 

So far this year, Pillsbury has provided Legal Quick Hits for the Committee in the areas of meeting contracts, board fiduciary duty, cybersecurity, intellectual property, conflicts of interest, and emerging issues in nonprofit law.


QuickCounsel (2015): Obtaining and Maintaining §501(c)(3) Status

QuickCounsel (2013): Awarding Employee Bonuses in a Nonprofit Organization

Top Ten

Top Ten (2014): Nonprofit Fundraising: Top Ten Things to Know about Charitable Solicitation Regulation

ACC Docket

ACC Docket (2014): The For-Profit Entity’s Guide to Doing Business with Nonprofit Organizations

Sample Form & Policy

Sample Form & Policy (2014): Preliminary Considerations for a Nonprofit’s Potential Activities Abroad

Wisdom of the Crowd

Wisdom of the Crowd (2013): Nonprofit Board Members: Pay-to-Play, outside Salary & Board v. Employer Obligations

Program Material

Program Material (2013): How to Counsel Your Nonprofit Clients to Adequately Balance Mission with Business and Legal Implications

Other resources available from Pillsbury include:

China Issues Draft Legislation to Strengthen Regulation over Foreign NGOs

Court of Appeals to Directors of Nonprofits: ³Nonprofit² Does Not Mean ³No Risk for You²

Antitrust ³State Action² Exemption: North Carolina State Board of Dental Examiners v. Federal Trade Commission

The ADA and Private Professional Certification

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Committee Leadership

Chair: Colleen Strus, American Association for the Advancement of Science,   

Vice Chair: Amy Peñ a, Lions Club International,

Secretary: Sara Hall, St. Jude's Children's Research Hospital,         

Program Chair: Dan Koslofsky, AARP,        

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