The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more
9/16/2024
/ Anti-Discrimination Policies ,
Antitrust Violations ,
Class Action ,
Copyright ,
Coronavirus/COVID-19 ,
Data Privacy ,
Defamation ,
Denial of Certiorari ,
Department of Justice (DOJ) ,
Equal Pay Act ,
Fair Use ,
Federal Trade Commission (FTC) ,
Fédération Internationale de Football Association (FIFA) ,
Fiduciary Duty ,
Fundraisers ,
Health Insurance ,
Internal Revenue Code (IRC) ,
IRS ,
Jurisdiction ,
Liability ,
Motion to Dismiss ,
Name and Likeness ,
Negligence ,
Nonprofits ,
Personal Jurisdiction ,
Preliminary Injunctions ,
Public Records ,
Public Records Act ,
Race Discrimination ,
Regulatory Agenda ,
SCOTUS ,
Severance Agreements ,
Sexual Abuse ,
Sherman Act ,
Standing ,
Tax Court ,
Tax Exempt Entities ,
TCPA ,
The Clayton Act ,
Vaccinations ,
Venture Capital
A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022.
Governance -
Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022)...more
1/18/2023
/ Anti-SLAPP ,
Appeals ,
Breach of Contract ,
Certifications ,
D&O Insurance ,
Declaratory Judgments ,
Defamation ,
Duty to Defend ,
Fiduciary Duty ,
Injunctive Relief ,
IRS ,
Liability ,
Nonprofits ,
NY Supreme Court ,
Sovereign Immunity ,
Trial Court Orders
A review of key legal developments for nonprofit organizations at the federal and state levels in 2020 and 2021.
Antitrust Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 1, 2021), No. 407 &...more
12/30/2021
/ Antitrust Violations ,
Blue Cross ,
Blue Shield ,
Defend Trade Secrets Act (DTSA) ,
Fiduciary Duty ,
Infectious Diseases ,
Lanham Act ,
Negligence ,
Popular ,
Public Records Act ,
RICO ,
Sherman Act ,
TCPA
A review of key legal developments for nonprofit organizations at the federal and state levels in 2019 and 2020.
Antitrust enforcement continues against nonprofits.
Nonprofits have litigated in other areas, including...more
1/4/2021
/ Anti-Competitive ,
Board of Directors ,
Breach of Contract ,
CARES Act ,
Certification Requirements ,
Class Action ,
Department of Justice (DOJ) ,
Failure To State A Claim ,
False Advertising ,
First Amendment ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internal Revenue Code (IRC) ,
IRS ,
Lanham Act ,
Motion to Dismiss ,
Nonprofits ,
Opioid ,
Paycheck Protection Program (PPP) ,
Price-Fixing ,
RICO ,
SBA ,
Sherman Act ,
Trade Associations ,
Unjust Enrichment
On Monday, July 6, the U.S. Small Business Administration (SBA) publicly disclosed the names and addresses of Paycheck Protection Program (PPP) borrowers that received loans of at least $150,000 each.
SBA has published a...more
The new Interim Final Rule amends SBA’s existing regulations to account for the provisions of the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act), signed into law on June 5, 2020.
Importantly, the...more
New law modifies the Paycheck Protection Program.
The President has signed into law the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act), which proposes to extend the period borrowers must spend the...more
The President has signed into law the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act), which proposes to extend the period borrowers must spend the forgivable Paycheck Protection Program (PPP) loans...more
The House has introduced bipartisan legislation to modify the Paycheck Protection Program.
The House recently passed the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act), which proposes to extend the...more
Depending on size and tax-exemption status, nonprofit organizations may be eligible for federal relief.
Nonprofit organizations can qualify for financial relief under certain provisions of the CARES Act, which is designed to...more
4/10/2020
/ Affiliated-Business Arrangements ,
Affiliates ,
Board of Directors ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Electronic Records ,
Employee Retention ,
Executive Compensation ,
Federal Loans ,
Financial Stimulus ,
Health Insurance ,
Lenders ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Shareholders ,
Shelter-In-Place ,
Small Business ,
Social Distancing ,
Stocks ,
Tax Relief
Force majeure and other important considerations for nonprofits.
Nonprofit organizations should carefully review their event contracts before deciding whether to cancel due to COVID-19, in order to ascertain potential...more
A review of key legal developments for nonprofit organizations at the federal and state levels in 2018 and 2019.
Antitrust enforcement continues against nonprofits.
...more
12/30/2019
/ 501(c)(3) ,
Antitrust Violations ,
Campaign Contributions ,
Certifications ,
Corporate Governance ,
Federal Election Commission (FEC) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Internal Revenue Code (IRC) ,
Nonprofits ,
PACs ,
State Labor Laws ,
State Law Tort Claims
New cybersecurity and data privacy laws will impose substantial new obligations on businesses that collect information about residents of those states.
Regardless of their location or size, nonprofit organizations that...more
Talone settlement highlights the continuing risk nonprofit organizations face if they link membership to credentialing.
- Antitrust class action targeted American Osteopathic Association’s practice of requiring physicians...more
8/21/2018
/ Antitrust Violations ,
Business Associations ,
Certification Requirements ,
Class Action ,
Consumer Fraud ,
Illegal Tying Arranegements ,
Membership Agreements ,
Motion to Dismiss ,
Osteopathic Physicians ,
Physicians ,
Sherman Act ,
State Medical Board
A review of key legal developments at the federal and state levels for nonprofit organizations -
Federal government and private antitrust enforcement continues against nonprofits. ...more
7/5/2018
/ 501(c)(4) ,
501(c)(6) ,
Antitrust Investigations ,
Articles of Incorporation ,
Association Health Plans ,
Board of Directors ,
Bylaws ,
Competition ,
Employee Retirement Income Security Act (ERISA) ,
Federal Trade Commission (FTC) ,
Franchise Taxes ,
Gross Negligence ,
Health Care Providers ,
Homeowners Association (HOA) ,
IRS ,
Mismanagement ,
Nonprofits ,
Personal Jurisdiction ,
Sherman Act ,
Trade Associations
There have been important legal developments at the federal and state levels for nonprofit organizations. -
Takeaways
- Nonprofits continue to experience Federal government and private litigant antitrust enforcement....more
9/15/2017
/ 501(c)(3) ,
Anti-Tying ,
Antitrust Investigations ,
Breach of Duty ,
CASL ,
Corporate Dissolution ,
Cy Pres Funds ,
Disclosure Requirements ,
Embezzlement ,
Federal Election Commission (FEC) ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Human Resources Professionals ,
Insolvency ,
IP License ,
No-Poaching ,
Non-Solicitation Agreements ,
Nonprofits ,
Osteopathic Physicians ,
Political Contributions ,
Price-Fixing ,
Professional Associations ,
Sherman Act ,
Trade Associations ,
Ultra Vires