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Have You: Thought Through Attorney-Client Privilege?
Published on 2012-06-10 22:30:26
Oh attorney-client privilege, a fickle concept that can allude both laymen and attorneys alike. But it’s an important one, and the more organizations I speak with the more I realize how many misunderstand it. In fact, I can’t count how many people attempt to confide in me under the auspices that whatever they tell me [...]
Education Opportunities on Non-profits
Published on 2012-05-31 22:33:37
Going to be a short post tonight. Really, I just want to highlight a couple of education opportunities on the horizon. The IRS is offering a few classes that I think many might find of interest: Starting off Right – What New 501(c)(3) Organizations Need to Know Starting off Right – What New NON-501(c)(3) Organizations [...]
Alternative Funding Series: Crowdfunding and The Terms You Fund On
Published on 2012-05-21 21:50:13
In the midst of all the crowd-funding fever I can’t help but feel a tad….uneasy. Perhaps its my “legal counsel” nature kicking in. Being in-house I tend to see my role a little differently than most. When folks start getting into a fervor, throwing out ideas, jotting down action items and assuming a runner’s stance [...]
Treasury Proposes New Examples of Program-Related Investments
Published on 2012-05-07 20:50:57
A few weeks ago the Treasury Department proposed adding a few more examples of Program-Related Investments (PRI) to the Internal Revenue Code. These examples are meant to better illustrate the types of investments that qualify as a PRI and are trending with foundations. So….What is a PRI? In short, a PRI is “a loan or [...]
“Like” The HAUL Facebook Page, Get A Free Nonprofit/Small Business Presentation
Published on 2012-05-05 22:57:22
Last month I had the honor of presenting again to the Houston Area Urban League’s Entrepreneurship Class. The presentation was geared toward discussing a few of the legal issues I’ve found for-profits and non-profits encounter when forming and operating. Though not all-inclusive, I think it gives a great overview of concerns founders and executives should [...]
Board Members Can Be Paid……Right?
Published on 2012-05-01 21:58:20
Recently I’ve attended several events where someone has stated that board members can’t be paid. But this isn’t necessarily the case. Many states allow for board members to be paid. In fact, here in Texas the Nonprofit Chapter of the Business Organizations Code states: Sec. 22.054. AUTHORIZED BENEFITS AND DISTRIBUTIONS. A corporation may: (1) pay compensation in a [...]
“I’m Supposed To Keep Those Emails?” The Need For An Electronic Document Policy
Published on 2012-04-23 19:43:36
What is That Exactly? What constitutes as an electronic document or record is massive. There’s the stuff we tend to think of like emails, databases, word processing documents and spreadsheets. But what many don’t think about are the blogs, chat room transcripts, instant messaging transcripts, voice-mails, text-messages and even deleted documents. All this has to [...]
A Few Local Resources for Houston Nonprofits
Published on 2012-04-12 22:21:01
Maybe I was the only one that didn’t get the memo, but while doing research recently I came across a few resources I thought it would be great to share. Don’t get too excited though. My original gripe about resources in general still holds true though!
Keeping Nonprofits on Their Toes: The Mythical Lesson
Published on 2012-04-08 18:34:02
I’ve been reading on social enterprise/ hybrid models recently and a common theme I’ve seen weaved throughout is this belief that new models are necessary, if for no other reason than, to “shake up” the nonprofit community, “keep them on their toes” and give ‘em a “run for the money”. And this kinda upsets me. [...]
Audio From Contract Basics for Nonprofits Google+ Hangout
Published on 2012-04-01 23:41:08
Not too long ago I hosted a Hangout on Contract Basics for Non-profits. It was super informal and super quick. Because I wanted to keep it to thirty minutes I didn’t get too much into the details. But I did briefly address some basics such as what a contract is, what it is comprised of, [...]
Presentation Slides on the Obligations and Responsibilities of a Nonprofit Board
Published on 2012-03-24 10:39:10
4/2 Update: For those who were having trouble accessing the link to the full presentation and outline, it has been updated. Good Morning! Isn’t it a perfect day to be thinking about your board obligations? …..Well, I think so. And it got me to thinking about a presentation I did not to long ago, with [...]
Reminder: Contract Basics for Nonprofits Google+ Hangout 3/22
Published on 2012-03-20 22:13:44
Just a reminder, this Thursday I’ll be hosting a 30 minute hangout on Google+ where I’ll briefly address a few contract basics nonprofit directors and staff members will want to be aware of and things they’ll want to look out for when dealing with contracts. It’s going to be very short, very informal. Only 9 [...]
Significant Changes to the Form 990 to Watch For
Published on 2012-03-18 19:12:51
Though I hate that I’m just getting around to posting this, there have been a few changes made to the 990, its instructions and Schedules that readers will want to take note of. Especially since there are a few confusing terms and questions that have been clarified as well as the inclusion of more examples [...]
03/22 Google+ Hangout: Contract Basics for Nonprofits
Published on 2012-03-13 22:26:51
So Notations on Nonprofits is going “tech-y”! Next Thursday I’ll be hosting a 30 minute hangout on Google+. In it I’ll briefly address a few contract basics nonprofit directors and staff members will want to be aware of and things they’ll want to look out for when dealing with contracts. Very short, very informal. What [...]
The New(er) Legal Structures: A Quick L3C, Flex Purpose and B-Corp Overview [INFOGRAPHIC]
Published on 2012-03-05 22:52:48
Over the last year there’s been massive coverage over B corporation’s, L3C’s and Flexible Purpose Corporation’s in the blogosphere. I personally feel most of it has been more hype then help. So I wanted to post a lil’ somethin that was quick to read and laid out a few of the basics. As you’ll see [...]
Organization’s Selling Goods Should Know This Rule
Published on 2012-02-29 21:26:56
Brian Hurh “recently” reported on something in the Payment Law Advisor that has flown relatively under the radar. But organizations that sell goods over the internet will want to pay attention. Currently, there is a law called the “Mail or Telephone Order Merchandise Rule” that governs the sale of goods over….well, the mail and telephone [...]
If You Had One Piece of Advice For Nonprofits, What Would It Be?
Published on 2012-02-21 21:29:35
That’s what I’m asking attorneys of all backgrounds to answer. Wait! Before you say anything, grab a camera (or click on the webcam) and record it. Wait! I know what you’re thinking. After all, I did go to school with hundreds of you. But think about it. Where else can you get free advertising, an [...]
How To Avoid Entering the “Oops” Agreement
Published on 2012-02-18 12:59:34
It plagues men and women of all shapes and sizes. It can knock you off your feet before you know what hit you…cause weeks of headaches. It’s the “Oops” Agreement, or at least that’s what I call it. The “Oops” Agreement is that contract you enter into without knowing it. How do you enter a [...]
General Counsel’s Social Media Report Is…..Interesting?
Published on 2012-02-06 21:47:51
Once upon a time there was this board that told businesses and organizations that they effectively had little to no control over how employees presented them to the public via social media. The End. At least that’s what I took away from the General Counsel’s Report on Social Media that was recently released (InsideCounsel discusses [...]
Help or Hype: With All These New Concepts Are We Just Being Duped?
Published on 2012-01-28 18:51:57
Due to the litany of emails, posts, articles, tweets etc. I’ve seen on crowd-funding and new legal (formation) structures I couldn’t help wondering whether there was some dialogue I could be adding to the conversation. So I’ve spent the last few weeks researching and speaking with various individuals…and have found myself wondering… Are we all [...]
2012 Nonprofit Organizations Institute: What I Learned
Published on 2012-01-23 21:55:02
Now that I’ve settled down from the weekend I wanted to briefly recount some things I learned at a conference last week. Hosted by The Conference of Southwest Foundations at UT, the 2-day conference boasted a veritable who’s who of the non-profit world. And took place in a beautiful hotel (*clicking heels* I will be [...]
Privacy Policies For Non-Profits: Sample & Resources
Published on 2012-01-20 19:07:57
A few weeks ago, I did a podcast on privacy policies. Ironically, I’ve come across dozens of articles and posts on privacy law since then, addressing the logistics of implementing a privacy culture to companies getting popped for privacy violations. So it seems the topic is definitely a timely one. Today I decided to pull [...]
Succession Planning Series Part III: Best Practices & Resources
Published on 2012-01-07 15:34:25
Afraid we’re now coming to the end of our succession planning journey. In the first post, we addressed typical mistakes organizations make when beginning succession endeavors. In the second post we briefly addressed legal issues you’ll want to be aware of regardless of what stage of succession planning you’re in. In this post, I’ll provide [...]