22nd Annual Institute on Advising Nonprofit Organizations Out of Stock
Co-sponsored by the Business and Taxation Law Sections of the CBA, the Colorado Nonprofit Associatio
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May 2013
22nd Annual Institute on Advising Nonprofit Organizations in Colorado
Program Description:
The 22nd Annual Institute will present a in-depth analysis of legal issues of concern to nonprofit organizations. The program will benefit attorneys, key representatives of nonprofit organizations, including board members, executive directors, chief financial officers, accountants, and representatives of governmental agencies.
Agenda:
2013 Tax Law Update
The annual Tax Update will highlight selected federal and state tax law developments throughout the past year, focusing on those that illustrate significant principles of exempt organizations tax law. The presenter will address such topics as the final regulations on supporting organizations, the IRS's group exemption initiative, the final chapter in automatic revocations of exemption, and guidance for tax-exempt health care institutions.
Presented by:
Peter B. Nagel, Esq.
Peter B. Nagel, PC
Denver, Colorado
Employment Law
Employment issues - including allegations of retaliation against whistleblowers, discrimination against newly emerging protected interests, and even traditional disputes over wage and hour laws - quite possibly form the largest and most common category of claims against nonprofit organizations. This session will cover both the essential principles of employment law applicable to nonprofit employers, as well as recent developments that emphasize new areas of potential liability for which nonprofit organizations should be on the alert.
Presented by:
Susan M. Schaecher, Esq.
Stettner Miller PC
Denver, Colorado
Complex Legal Structures: Use of Subsidiaries and Structuring Relationships With Nonprofits and For-Profits
Today's nonprofit organizations utilize a wide variety of legal entities and structures in order to carry out their mission and programs, protect themselves from liability, and affiliate with both nonprofit and for-profit organizations for both business and program-related reasons. This session will cover why a nonprofit organization may want (or need) to create a complex legal structure or enter into a relationship with other nonprofits or for-profit organizations, including the use of tax-exempt subsidiaries such as limited liability companies, supporting organizations, and structures involving affiliated 501(c) organizations; use of for-profit subsidiary corporations; entering into joint ventures with businesses; and the use of program related investments.
Presented by:
Cara Lawrence, Esq.
Heizer Paul Grueskin LLP
Denver, Colorado
Compliance and Enforcement - A Regulator's Perspective
Nonprofit organizations cannot ignore the fact that the community as a whole has an interest in their behaving responsibly and that there are public officials with the authority to ensure that they do so. Using actual case studies, the luncheon speaker will focus on compliance efforts within the Colorado Attorney General's office and the range of enforcement actions available to that office when compliance falls short.
Presented by:
Alissa Hecht Gardenswartz
Colorado Attorney General's Office
Denver, Colorado
Investment Policy Planning for Nonprofits
This session will explore the procedures that prudent nonprofit organizations should adhere to in order to minimize the risk of loss and to improve the performance of their investment portfolios. The presenter will describe the considerations that enter into thoughtful investment policy statements, the importance of diversification among asset classes, the vanishing relevance of any distinction between income and principal, the role of benchmarks in evaluating investment performance, and the desirability of periodic investment reviews.
Presented by:
Wendy Dominguez, MBA
Principal, President
Innovest Portfolio Solutions LLC
Denver, Colorado
Scott Middleton, CFA, CIMA
Principal, Director
Innovest Portfolio Solutions LLC
Denver, Colorado
Insurance Coverage Analysis for Nonprofits: How Protected is Your Organization?
While Colorado has a number of statutes which provide immunity and indemnification for directors, officers and volunteers, there is still a need for insurance as part of any risk management program. However, knowing what to look for is critical before making a decision as to what type of coverage the organization should obtain. An attorney with expertise in coverage analysis as well as a broker who works exclusively with the nonprofit sector will not only identify the types of insurance that are available (e.g. director & officers, employment practices, defamation, copyright infringement), but will also discuss issues such as deductibles, exclusions (e.g. antitrust certification programs), coverage (e.g. attorneys' fees inside or outside the policy) and areas of highest risk.
Presented by:
Jon F. Sands, Esq.
Sweetbaum Sands Anderson PC
Denver, Colorado
The Top Ten IP Issues for Non-Profit Organizations
Nonprofit organizations (NPOs) provide and collect information, solicit donations, advertise the organization and its mission, promote events and allow networking. This session will cover the top ten intellectual property related issues for NPOs, including website terms of service and privacy policies, when your domain is registered by someone else, use of confusing names by others, protecting your copyrights and trademarks, using copyrighted material of others, notices and disclaimers to include on your web site, linking to other sites, and solicitations your organization should avoid.
Presented by:
Pamela Hirschman, Esq.
Sheridan Ross PC
Denver, Colorado
The 501(c)(6) Entity: What Is It and Why Should It Worry?
Trade and professional associations (or as the IRS prefers “business leagues”) continue to play a major role in the tax exempt landscape. Every trade and profession appears to have one or more of such entities to which one can belong. There is even an association for associations. While a number of issues are constants (contracts, governance, employment), there is increased attention by government, media and members on the activities of these entities. Current “hot topics” will be reviewed including group exemption, traps in cyberspace, board/member dust-ups-a growing phenomenon, antitrust (alive and well-just ask a publisher), Form 990 reform, requests for documents, chapters/affiliates, best practices and applications for exemption.
Presented by:
William (Bill) Walters, Esq.
Heizer Paul Grueskin LLP
Denver, Colorado
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $299.00 USD
- Member Price $259.00 USD
- General Credits 8.00
- Ethics Credits
- EDI Credits