Archives: Lead Stories

2013

February16-March 15
Members Can’t Remove
Directors of Board-Only Nonprofit
Court holds improperly ousted directors in contempt
for failing to turn over documents pursuant to Order

Letter of Intent With “Out” Clause
Allows Hospital Purchaser a Way Out
Although parties announced agreed-upon terms of sale,
termination clause in LOI prevails to stop deal

Official May Warn Public
Of High Fundraising Costs
Charity named as bad example has no claim
for violation of Equal Protection Clause

January 16-February 15
Volunteer May Sue Nonprofits
For Harassment Under Title VII
Court says that compensation is not necessary
to be classified as “employee” under employment law

Church Must Pay to Defend
Foodbank Under Indemnification Clause
Church’s insurance does not cover contract
to protect Foodbank against volunteer’s claim

Charity Bequests Not Adeemed
By Gift of Stock Before Death
Court refuses to find “latent ambiguity”
based on evidence produced in litigation

2012

December 15-January 15, 2013
University May Have to Give Up
Improper Gift from Trustee
Court allows beneficiary to sue
to recover gift given without authority

Court Refuses to Terminate
Small Trust for Charities
Trustee’s fees equaling 30% of income
were not unforeseen by donor, it says

Receiver Can’t Collect Gift
Given As Part Of Ponzi Scheme
College successfully asserts defenses
of lack of standing and statute of limitations

November 16-December 15
Interim Executive Director Liable
For Failure to Pay Withholding Taxes
Auditors not liable to agency for failure to reveal
lack of payment in three financial statements

Court Refuses to Review
Expulsion of Members
Where bylaws provide grounds and hearing,
judicial review is generally unavailable

Court Refuses to Give Bequest
To Foundation Not Named in Trust
Court says trust is unambiguous in naming recipient,
especially when claimant didn’t exist when trust was drafted

October 16-November 15
University May Sue Trust
To Collect on Donor’s Pledge
“Spendthrift” clause protecting against creditors
is ineffective against claims against settlor-beneficiary

Wrongful Withholding of Tips
Not Covered by Club’s Insurance
Loss came from pre-existing obligation,
not from wrongful act, says Court

Court Can’t Order Contributions
In Addition to Maximum Criminal Fine
Government’s request for $44 million in funding
for community service projects is rejected

September 16-October 15
Members of Unincorporated Association
May Be Liable for Association’s Debt
Vermont Court sets criteria for imposition
of personal liability when club can’t meet obligations


‘Chief Apostle’ Personally Liable
For Unpaid Withholding Taxes
Court rejects claim that finding based on bylaws
interferes with church’s First Amendment rights

Broker/Director’s Insurance
Fails to Cover Malpractice Claim
Policy excludes coverage for transactions where broker
has financial interest, or is director of a party

August 16-September 15
Directors Can’t Amend Bylaws
To Remove Voting Rights of Sole Member
Member may remove newly elected directors
who sought to change governance without authority

Volunteer Board Chair Dismissed
From Claim for Contract Default
New York Court says claim may not proceed
when plaintiff fails to show intentional misconduct

National Church May Sue to Compel
Arbitration on Split of Local Body
Court says “new” church may be alter ego of former,
and that equitable estoppel also applies

July 16-August 15
Fundraiser Must Pay $8 Million
For Violation of Confidentiality
Court affirms arbitrator’s award of compensatory
and punitive damages for disclosure of information

Charity May Sue Director
For Breach of Duty on Contract
Arbitration clause in construction contract
does not prevent separate fiduciary duty claim in court

Officer Has No Property Right
In Position on Executive Board
Court allows executive board to remove president
by following procedures set forth in bylaws

July 1-15
Does Employee Have Expectation of Privacy
In “Friend”-Protected Facebook Page?                             
Court allows union leader to pursue case when
employer coerced another employee to reveal posting

Bankruptcy Court Dismisses Case
When Issue Is Control of Nonprofit                                               
May “members” of corporation approve acquisition
when board of directors rejects transaction?

Boy Scouts Lose Efforts
To Protect Abuse Files
Oregon court permits release of “ineligible volunteer” files,
Idaho court orders production of “perversion” records for discovery

June 1 -30
Unsigned Gift Pledge
Enforceable Against Donor’s Estate
Temple’s detrimental reliance in capital campaign
converts commitment to level of enforceable pledge

Bylaw Provision on Directors’ Removal
Does Not Prevent Judicial Removal
Court says bylaw and statutory removal provisions
are not exclusive and supplement each other without contradiction

Court Disqualifies Former Attorney
From Representing Employee Against Agency
Knowledge gained in decade as general counsel
creates substantial risk that confidential information could be used

May 1-31
Nonprofit Can’t Collect from Bank
For Unauthorized Withdrawals
Failure to review bank statements and complain
prevents organization from recovering losses

Court Affirms Injunction
Against Commercial Co-Venturer
Promoting show house with name of charity
brings for-profit companies within registration act

Court Says Successor Organization
Is Not “Successor” to Receive Trust
CRUT remainder went “unambiguously” to parent organization
and trial court found continued affiliation necessary for successor

April 1-30
Board Chair Is Personally Liable
For Failure to Pay Withholding Taxes
Court says role as line of credit lender to nonprofit
shows significant and substantial control over finances

PA Supreme Court Rejects Help
From Legislature in Defining Charity
Case will unsettle status of real estate tax exemptions
throughout the state as taxing authorities challenge rulings

University Entitled to Both Bequest
And Retirement Account On Death of Donor
Court says pension fund is non-testamentary asset
that passes separately by designation outside the will

March 1-31
Is Driver Asked to Take Kids
Home from Event a “Volunteer”?
Insurance carrier denied coverage for accident,
claiming exclusion for accidents involving insured volunteers

When Does Court Have Jurisdiction
To Decide Church Dispute?
State appellate courts grapple with issue
in four separate recent cases

Association Directors Retain Office
After Members Cast Disputed Proxy Votes
Court refuses to grant equitable relief to member
seeking to remove board in fight with invalid proxies

Curfew on Door-to-Door Solicitation
Held Unconstitutional by Circuit Court
City’s claim that rule is “narrowly tailored”
to serve significant governmental interests is rejected

February 1-29
D & O Insurance Doesn’t Defend
Against Request for Injunction
Policy covers only claims for “money damages,”
not member’s effort to stop sale of nonprofit theater

Court Dismisses Defamation Suit
In Election for Radio Station Board
Anti-SLAPP law protects speech
in member’s campaign on public issue

Commercial Liability Policy Doesn’t
Protect Against Claim by Volunteer
“Employee” exclusion applies to death of member
helping association load tractor pull sled

January 1-31
Former Employee May Sue Home
For Reading Personal E-Mail
Staff was checking for business messages
while employee was out on sick leave

Court Approves Part
Of Cy Pres Order on Fisk Art
Says trial court had no authority to require
part of sale proceeds to be placed in endowment

Charities Lose Bequests
When Donor Doesn’t Change Will
Handwritten instrument failed to provide bequest
when man’s wife predeceased him by several years

2011
December 1-31
U.S. Supreme Court Confirms
“Ministerial Exception” in Employment Law
Court says government can’t tell religious organizations
who they must hire as “ministers” to promote faith

Club May Terminate Members
For Failing to Meet Bylaw Requirements
Directors have fiduciary duty to corporation
and membership generally, not to individuals

“Gross Negligence” Requires
Deliberate Misconduct
Court says difference from simple negligence
is intentional wrongdoing or conscious disregard

November 1-30
Foundation May Sue Bank
For Delay in Stock Transfer
Court says foundation was intended beneficiary
of custodianship agreement between donor and bank

Charity May Sue Bank
For Failing to Get Beneficiary Change
Even though charity did not contest distribution of estate,
Court says charity may sue two years later for negligence

Mortgage Broker Not Liable
When Co-Pastor Misuses Funds
Bankruptcy Court recognizes breach of duty,
but says conduct was not a substantial factor in harm

October 1-31
City Can’t Force Hospital
To Maintain Service
Court dismisses suit claiming violation of Title VI,
breach of charitable trust, and breach of contract

Trust for Benefit of Hospital May Go
To Successor of Med School in Cy Pres
Court says donor would have approved use
for provision of healthcare in clinics in area

Is Law Firm Liable for Malpractice
When Nonprofit Exec’s Husband Reviews Pay?
Counsel helped review wife’s deferred compensation
which is subject of wife’s suit against Foundation

September 16-30
Creditors May Sue Directors
For Breach of Duty Before Bankruptcy
Court reverses trial court, allows case to proceed
on claims of lack of good faith, fraud in deepening insolvency

Members of Sorority May Sue
Directors for Breach of Duty
Court affirms dismissal of claim against
foundation for lack of jurisdiction

Employee’s Stipulation for Dismissal
Precludes Claim for Indemnification
Woman’s assault claim against nonprofit and employee
was dismissed, along with all claims, “direct or indirect”

September 1-15
State May Require Disclosure
Of Role of For-Profit Resellers
Reversing trial court, appeals court says notice
tells donors that professional solicitors will sell goods

Change of Rules by Club Members
Is Not “Oppressive Conduct
Majority did not breach fiduciary duty by amending bylaws
on admission of members, size of board, dissolution

Member Has Right to Records,
But Must Keep Some Confidential
Court restricts disclosure of some information,
even from other members who have right to inspect

August 16-31
Court Directs Use of Cy Pres
To Change Terms of Charitable Gift
Individuals, nonprofit and state had all agreed
to unravel impractical restrictions on donation

Social Security Benefits Don’t Count
For Permitting Gifts in Bankruptcy
15% limit for charitable contributions is
based on gross annual income without social security

Scout Leader Protected
By Volunteer Protection Act
Court dismisses negligence claim against
father of scout accused of sexual abuse

July 16-August 15
Church May Force Termination
Of Trust for its Sole Benefit
Full Article (free)

PA Court Limits Standing
To Sue Nonprofit Corporations
Free Preview | Full Article

Nonprofit Officers May be Tried
For Misuse of Gifts, Election Fraud
Free Preview | Full Article

June 16-July 15
National Girl Scouts May Not Force
Local Councils to Reorganize
Full Article (free)

Donor Has Standing to Sue,
But Loses Claim on Use of Gift
Free Preview | Full Article

Attorney for Dissident Director
Not Liable to Nonprofit for Malpractice
Free Preview | Full Article

May 16-June 15
Foundations’ Assets Not Available
For Hospitals’ Creditors in Bankruptcy
Full Article (free)

Charter School Must Indemnify
Sponsor and State in Suit by ACLU
Free Preview | Full Article

Church Retreat’s Release
Precludes Suit by Guest
Free Preview | Full Article

April 16-May 15
Director Liable to Association
For Breach of Fiduciary Duty
Full Article (free)

Attorney Must Deliver Files
To Surviving Entity after Merger
Free Preview | Full Article

No "Professional” Standard of Care
To Find Negligence on Bike Tour
Free Preview | Full Article

March 16-April 15
Exec Without Insurance
When State Challenges Pay
Full Article (free)

State-Dissolved Church Not Liable
For Note Executed in its Name
Free Preview | Full Article

Donor Has No Recourse
When Advised Fund Dissipated
Free Preview | Full Article

Donors Denied Deduction
For Gift to Advised Fund
Free Preview | Full Article

February 16-March 15
Camp Not Liable for Assault
By Volunteer on Camper After Season
Full Article (free)

Church Members Can’t
Oust Trustees from Office
Free Preview | Full Article

Who Should Receive Income
For Work of Society?
Free Preview | Full Article

January 16-February 15
Volunteers Can’t Trademark
Name of Charity’s Fundraising Event
Full Article (free)

Bank May Use Payroll Deductions
To Process Charitable Contributions
Free Preview | Full Article

Court Enforces Pledge
When University Relied
Free Preview | Full Article

January 1-15
Court Protects Restricted Assets
From Creditors on Dissolution
Full Article (free)

Is Exec Entitled to Advanced Legal Costs
In Suit by Employer for Theft?
Free Preview | Full Article

Language of Trust
Allows School to Contract
Free Preview | Full Article

2010
December 1-31
Directors, Officers Not Personally Liable
To Creditors for Closing Nonprofit Home
Full Article (free)

Deferred Charitable Gift Annuity
Excluded from Bankrupt’s Estate
Free Preview | Full Article

Courts Say Will Does Not Direct
Specific Use of Gift to University
Free Preview | Full Article

November 1-30
Court Pierces Corporate Veil
To Find Personal Liability
Full Article (free)

Association Ordered to Produce
Election Ballot Envelopes
Free Preview | Full Article

Parking Lot Revenue Taxable
For Community Organization
Free Preview | Full Article

October 16-31
Charity Can’t Counterclaim
For Pledge in Ponzi Scheme
Full Article (free)

Local Chapters Can’t Take Property
In Terminating Affiliation with State Group
Free Preview | Full Article

Mutual Benefit Nonprofit Ordered
To Provide Email Addresses to Member
Free Preview | Full Article

September 16-October 15
Donor Can’t Waive Interest
Of Contingent Beneficiary of Gift
Full Article (free)

Club’s Bylaw Limiting Liability
Prevents Suit for Loss by Members
Free Preview | Full Article

Court Refuses to Consider Start-up
As Successor to Hearing Dog Program
Free Preview | Full Article

August 16-September 15
Diocese’s Pooled Investment Fund
Available to Creditors in Bankruptcy
Full Article (free)
 
News Flash:  Insured Must
Read Policy Upon Receipt
Free Preview | Full Article
 
Faction Within Nonprofit
Can’t Hire Lawyers for Entity
Free Preview | Full Article

July 16-August 15
Email Notice Ineffective
When Not Specified in Bylaws
Full Article (free)

Agency’s Insurance Doesn’t Cover
Physician Treating Private Patient
Free Preview | Full Article

Triathlon Club Ordered to Indemnify
New York City for Accident During Race
Free Preview | Full Article

June 16-July 15
Receiver in Ponzi Scheme
May Sue School to Recover Gifts
Full Article (free)
 
Corporation Is Not Successor
To Unincorporated Association
Free Preview | Full Article
 
Court Refuses to Reform Will
To Create CRAT and Save Taxes
Free Preview | Full Article

May 16-June 15
May Director Inspect Records

Full Article (free)

Defendants’ Lawyer Disqualified
After Interviewing People on Plaintiffs’ List
Free Preview | Full Article

Court Allows University
To Limit Funds for Professorship
Free Preview | Full Article

April 16-May 15
National Girl Scouts May Force
Local Councils to Reorganize
Full Article (free)

Temple Director Has Right
To Contact Information of Other Directors
Free Preview | Full Article

Homeowners Policy Excludes
Coverage for “Business” Activity
Free Preview | Full Article

April 1-15
Director’s Advances to Charity
Lost in Bankruptcy
Full Article (free)

Court Can’t Reduce Penalties
On Nonprofits Filing Late Tax Returns
Free Preview | Full Article

Dissolved Foundation Lacks
Standing to Contest Use of Gift
Free Preview | Full Article

March 1-31
Court Voids Restrictions
On Professional Resellers
Full Article (free)

Does Estate Residue
Go to Charities or Heirs?
Free Preview | Full Article

Court Requires Notice
To Suspend Voting Rights
Free Preview | Full Article

February 16-28
May Charity Fire Exec
After Political Endorsement?
Full Article (free)

Director’s Challenge to Decision
Is Grounds for Removal by Members
Free Preview | Full Article

May Auditors Be Liable for Statements
When Charity Officers Misrepresent Data?
Free Preview | Full Article

January 16-February 15
Woman May Sue for Bias
In Denied Admission to Vet School
Full Article (free)

Insurance Coverage Denied
After False Answer on Application
Free Preview | Full Article

Pa. YMCA Finally Prevails
Over Unfair Competition Claim
Free Preview | Full Article

Court Grants, Denies Claims
Under Religious Land Use Law
Free Preview | Full Article

January 1-15
Federal Court Can’t Force
State AG to Sue Foundation
Full Article (free)

Court Refuses to Permit
Lease of Parkland to Hospital
Free Preview | Full Article

Employee May Proceed with Suit
Against Volunteer Board President
Free Preview | Full Article

2009

December 1-30
Court Refuses to Approve
Change in Purpose of Gift
Full Article (free)

Court Dismisses Member’s
Effort to Overturn Election
Free Preview | Full Article

Merger of Nonprofit into Other
Does Not Constitute “Closing”
Free Preview | Full Article

November 1-30
Court Rejects UTC Rule
For Gift to Corporation
Full Article (free)

Senator Who Is Not On Board
Has No Fiduciary Duty to Nonprofit
Free Preview | Full Article

Court Allows Foundation
To Pursue Computer Claim
Free Preview | Full Article

October 1-15
Court Allows University
To Unrestrict Endowment Fund
Full Article (free)

Trustee Not Liable
For Losses on CRUT Investments
Free Preview | Full Article

Nonprofit May Sue CEO
Of Failed Credit Card Company
Free Preview | Full Article

October 16-31
Doc Lacks Standing to Sue
To Prevent Sale of Hospital
Full Article (free)

Board May Amend Rules
For Life Members of Club
Free Preview | Full Article

Insurer Breached Contract
In Refusing to Defend Claims
Free Preview | Full Article

September 16-30
Court Refuses to Decide Control
Of Nonprofit Board Without Trial
Full Article (free)

Foundation May Sue
Madoff Brother
Free Preview | Full Article

Patient with “Putrid” Service Dog
Loses ADA Case Against Hospital
Free Preview | Full Article

September 1-15
Indemnification Clause in Contract
Provides Phantom Protection for City
Full Article (free)

Is Person Who Signs Contract
Personally Liable?
Free Preview | Full Article

Is Fire Insurance Good
When Premium Bounces?
Free Preview | Full Article

August 16-31
Religious Organization Loses
Claim for “Church” Status
Full Article (free)

2-Year Sentence Affirmed
For Kickbacks on Grants
Free Preview | Full Article

Victim Can’t Intervene
In Insurer’s Suit to Void Coverage
Free Preview | Full Article

August 1-15
Court Refuses to Intervene
In Dispute Over Term Limits
Full Article (free)

New Directors Can’t Sign Consent
To Effectuate Their Own Election
Free Preview | Full Article

Right to Nonprofit Board Seats
Not Worth $75,000
Free Preview | Full Article

July 16-31
Sale of Gift Annuities
Subject to Securities Fraud Rules
Full Article (free)

Members of Church
Are Not Necessarily Members
Free Preview | Full Article

Three Enjoined, Fined For False
Solicitation of Charitable Gifts
Free Preview | Full Article

July 1-15
Foundation Exec Ordered
To Repay Excess Compensation
Full Article (free)

Credit Union May Expel
Members for “Inimical” Conduct”
Free Preview | Full Article

Form 990 Information
Used to Justify Search Warrant
Free Preview | Full Article

June 16-30
In-Person Solicitations Create
Grounds for State Court Jurisdiction
Full Article (free)

FTC, 49 States Bring Actions
Against Alleged Fraudulent Solicitations
Free Preview | Full Article

Are Board Officers Personally Liable
For State Overpayments to School?
Free Preview | Full Article

March 1-31, 2009
Who Has Standing to Challenge
Nonprofit Corporate Action?
Full Article (free)

Insurance Policy Covers Claims
By Race Participants Against Volunteer
Free Preview | Full Article

Firefighters May Sue for Job Threats
After Complaints of Harassing Solicitation
Free Preview | Full Article

February 1-28, 2009
Acceptance of Premiums Defeats
Insurer’s Effort to Rescind
Full Article (free)

Museum May Sue Directors
For Breach of Fiduciary Duty
Free Preview | Full Article

Alumni Lack Standing to Sue
To Prevent University Affiliation
Free Preview | Full Article

January 16-31, 2009
Church Loses Over $291,000
Pursuing Anonymous Gift
Full Article (free)

Change in Time of Meeting
Invalidates Corporate Action
Free Preview | Full Article

Niece Has No Standing
To Enforce Terms of Gift
Free Preview | Full Article

December 16-January 15, 2009
Board Chair May Be Sued
Personally For Fraud Under Contract
Full Article (free)

Association Members May Sue
Former Directors for Breach
Free Preview | Full Article

Foundations Are Not Liable
For Grantee’s Job Discrimination
Free Preview | Full Article

2008

November 16-December 15
Ponzi Victims May Sue Pastor
Who Introduced Them to Scheme
Full Article (free)

Attorneys Not Liable for Advice
In Nonprofit Ponzi Scheme
Free Preview | Full Article

May Merged Children’s Home
Retain Income from Trusts?
Free Preview | Full Article

October 16-November 15
Court Approves Hospitals’
Withdrawal from Consortium
Full Article (free)

Church Conference Takes Funds
Left to Dissolved Church
Free Preview | Full Article

Club’s Insurance Doesn’t Protect
Member in Shooting Accident
Free Preview | Full Article

September 16-October 15
Volunteer School Trustees
Dismissed from Parents’ Suit
Full Article (free)

Estate Attorney Forfeits Fee
For Failing to Fund Charitable Trust
Free Preview | Full Article

Nonprofit May Not Collect
From Mortgage Holder’s Insurance
Free Preview | Full Article

August 16-September 15
Insurer Must Defend All Claims
If Any Is Covered by Policy
Full Article (free)

Parents May Not Waive
Child’s Claim for Possible Injuries
Free Preview | Full Article

Lack of Members’ Approval
Scuttles Sale of Facilities
Free Preview | Full Article

July 16-August 15
Court Orders Nonprofit to Provide
Access to All Financial Records
Full Article (free)

Condo Directors Not Personally Liable
Although Association Is Liable for Failure to Act
Free Preview | Full Article

Court Acquits Jihadists
Of Some False Reporting Charges
Free Preview | Full Article

June 16-July 15
Uniform Trust Code Does Not
Control Nonprofit Corporations
Full Article (free)

Board of Unincorporated Association
Not Personally Liable for Injury
Free Preview | Full Article

Plaintiffs Entitled to Legal Fees
Under Theory of Indemnification
Free Preview | Full Article

Historic House Museum
Must Comply with ADA
Free Preview | Full Article

May 16-June 15
Pretrial Diversion Program
Can’t Require Charitable Gift
Full Article (free)

Florida Supreme Court Grants Judges
More Leeway to Participate in Charity Events
Free Preview | Full Article

Court Refuses to Extend
Charitable Subscription Rule
Free Preview | Full Article

May 1-15
Business Judgment Rule Protects
Some, But Not All, Directors
Full Article (free)

May Donors Control Account
Holding Their Gift to Charity?
Free Preview | Full Article

What a Difference
A Name Makes
Free Preview | Full Article

April 16-30
Court Ousts Board That Breached
Duty in Deciding to Close Museum
Full Article (free)

Directors Not Personally Liable
For Defaults Under Lease
Free Preview | Full Article

Founder May Control Trademarks
Despite First Use by Nonprofits
Free Preview | Full Article

April 1-15
Court Allows Creditor to Pursue
Piercing Corporate Veil Against Officer
Full Article (free)

Expelled Members May Bring
Breach of Fiduciary Duty Claims
Free Preview | Full Article

CRT Donors Can’t Rescind Trust
For Concealment of Trustee’s Background
Free Preview | Full Article

March 16-31
Court Permits Deviation from Trust
Based on Unanticipated Circumstances
Full Article (free)

For-Profit Conversion to Nonprofit
Invalid Without Reclassifying Shares
Free Preview | Full Article

Church Is Not “Keeper”
Of Sexton’s Dog
Free Preview | Full Article

March 1-15
Nonprofit May Be Sued
For Misusing Testimonial
Full Article (free)

Memo to Directors on Conflict of Interest
Is Not a Defamatory Publication
Free Preview | Full Article

Provision of Articles of Incorporation
Trumps Contrary Provision in Bylaws
Free Preview | Full Article

February 1-29
Bluetooth Association Fails to Qualify
As 501(c)(6) Trade Association
Full Article (free)

Charity Fined $40,000 For Failure
To Register to Solicit Contributions
Free Preview | Full Article

Release Fails to Protect
Nonprofit from Injury Claim
Free Preview | Full Article

Letters Do Not Make
Binding Contract for Gift in Will
Free Preview | Full Article

January 1-31
Director Did Not Breach Fiduciary Duty
In Buying Property for Club in Own Name
Full Article (free)

Executive Director May Not
Sue to Enjoin Acts of Directors
Free Preview | Full Article

For-Profit Has No Claim Against Nonprofit
When Joint Proposal Is Only Partially Funded
Free Preview | Full Article

2007
December 1-31
Officer’s Five-Year Employment Contract
Violates State Nonprofit Corporation Law
Full Article (free)

Attorney Can’t Collect Fees
When Hired by Minority Faction
Free Preview | Full Article

Court Lacks “Clear and Convincing”
Evidence to Reform Trust Termination
Free Preview | Full Article

Members May Sue Attorney
For Bad Advice to Nonprofit Club
Free Preview | Full Article

November 1-30
Statement of Intent to Make Bequest
Does Not Effect Gift Without Will
Full Article (free)

Transfer of Hospital to Nonprofit
Is Not "Bona Fide” Sale for Medicare
Free Preview | Full Article

Court Permits Modification of Trust
To Provide Nursing Care to Needy
Free Preview | Full Article

Court Refuses to Dismiss
Effort to Pierce Corporate Veil
Free Preview | Full Article

October 1-31
Bylaw Provision to Remove Trustees
For Unexcused Absence Is Ineffective
Full Article (free)

Bankruptcy Trustee Denied Claim
Against Lawyers in Nonprofit Fraud
Free Preview | Full Article

Potential Beneficiaries Lack Standing
To Initiate Suit Against Charitable Trust
Free Preview | Full Article

Failure to Notify Insurance Carrier
Of EEOC Claim Invalidates Coverage
Free Preview | Full Article

September 1-30
Receipt of Substantial Contributions
Does Not Constitute ‘Doing Business’
Full Article (free)

Nonprofit Resulting from Consolidation
Does Not Acquire Rights of Constituent
Free Preview | Full Article

Club Not Liable for Damages
When Member Shoots Member
Free Preview | Full Article

Debtor Can’t Increase Contributions
To Claim Relief in Bankruptcy
Free Preview | Full Article

August 1-31
Jury May “Pierce Corporate Veil”
Of Nonprofit to Recover from Founder
Full Article (free)

Surviving Nonprofit May Enforce
Contract Rights Of Entity That Merged
Free Preview | Full Article

Court Grants Cy Pres for Trust
To Fund Relocated Public Garden
Free Preview | Full Article

Private Foundations May Participate
In Combined Federal Campaign
Free Preview | Full Article

July 1-31
Does Gift to “Foundation”
Show Charitable Intent?
Full Article (free)

Donor Not Liable For Grantee’s
Infringement of Trademark
Free Preview | Full Article

Supreme Court Won’t Hear Claim
Against Pastor Who Is Also Counselor
Free Preview | Full Article

Trust Beneficiary Forced to Arbitrate
Some, Not All, Issues with Brokers
Free Preview | Full Article

June 1-30
Members’ Right to Examine Books
Includes Right to Copy Material
Full Article (free)

Insurance Does Not Protect Against
Claim to Return Government Funds
Free Preview | Full Article

Court Allows Consolidation
Of Jewish Centers
Free Preview | Full Article

IRS Pushed Too Hard
Before Making Criminal Referral
Free Preview | Full Article

May 16-31
Partner In Virtual Merger Is Not Liable
For Other’s Obligations When Deal Is Undone
Full Article (free)

Litigation Over Board Control
Does Not Preclude Suit by Exec
Free Preview | Full Article

Transfer of Property To Charity
Does Not Trigger Right of First Refusal
Free Preview | Full Article

May 1-15
Court Limits Attorney General’s Claims
To Recover Grasso’s Compensation
Full Article (free)

‘Related’ Nonprofit Denied
Higher Nursing Home Payments
Free Preview | Full Article

Charitable Trustees Removed
For Multiple Breaches of Duty
Free Preview | Full Article

April 16-30
Charity Loses Claims Against Bank
For E.D.’s Conversion from Account
Full Article (free)

City, as Creditor and Beneficiary, Can’t Force
Dissolution of Charity Serving Local Area
Free Preview | Full Article

Court May Review Suspension
Of Member of Private Association
Free Preview | Full Article

April 1-15
Princeton Wins $15 Million Claim   
For Defense Costs from Insurer
Full Article (free)

College Booster Not Liable
Under Volunteer Protection Act
Free Preview | Full Article

E.D. Convicted for Failing to Disclose
Related Party Deals on Form 990
Free Preview | Full Article

March 16-31
U.S. May Prosecute For False 1023,
Failing to Report Changes on 990
Full Article (free)

Heir Can’t Recover When CRUT
Principal Is Not Replaced by Insurance
Free Preview | Full Article

Federal Volunteer Protection Act Defense
Is Not Basis for Removal to Federal Court
Free Preview | Full Article

March 1-15
Court Reverses Order To Create
$65.5 Million Constructive Trust
Full Article (free)

Indemnification Clause Does Not
Protect Service Provider from Liability
Free Preview | Full Article

Which Audubon Society
Is the Right Audubon Society?
Free Preview | Full Article

February 16-28
IRS Finds Excess Benefits,
Bad 990s in Compensation Study
Full Article (free)

Nonprofit Must Indemnify
Volunteers for Litigation
Free Preview | Full Article

Red Cross Has No Duty
To Protect Arrested Volunteer
Free Preview | Full Article

February 1-15
State Senator Indicted for Victimizing
Charities for Personal Benefit
Full Article (free)

Founder Who Resigned May Proceed
With Suit to Regain Board Chairmanship
Free Preview | Full Article

Auditors Not Liable for Statements
When Officers Misrepresent Data
Free Preview | Full Article

January 1-31
Volunteer Board Chair Immune
From Suit Under Protection Act
Full Article (free)

Nonprofit May Discipline Members
If It Uses Fair Procedures
Free Preview | Full Article

Uninsured Hospital Patient May Proceed
With State Consumer Fraud Claim
Free Preview | Full Article

2006
December 1-31
Hershey Alumni Have No Standing
To Challenge Acts of School Trust
Full Article (free)

National Sports Organization
Not Liable For Abuse of Players
Free Preview | Full Article

Bond Counsel Sanctioned
For Failing to Do Due Diligence
Free Preview | Full Article

November 16-30
Official Convicted of Misconduct
For Contract With Nonprofit
Full Article (free)

Employees’ Ultimatum to Board
Is Not Protected Activity
Free Preview | Full Article

Unincorporated Association Not “Person”
With Standing to Enforce Constitutional Rights
Free Preview | Full Article

November 1-15
Grasso Breached Fiduciary Duty
By Failing to Report Income to Board
Full Article (free)

CRAT Trustee Not Required
To Diversity Stock Holdings
Free Preview | Full Article

Court Refuses to Permit Trust
To Meet Foundation Payout Requirement
Free Preview | Full Article

October 16-31
State Combined Campaign Can’t
Deny Admission to Religious Groups
Full Article (free)

Group’s Transfer of Assets
May be Fraudulent Conveyance
Free Preview | Full Article

D&O Insurance Does Not Cover
Claimed Beach of Duty in Bond Default
Free Preview | Full Article

October 1-15
Nonprofit Congress Sets
Priorities for Activity in Sector
Full Article (free)

Nonprofit Penalized for Director’s Conflict
In Violation of State Ethics Rules
Free Preview | Full Article

Volunteer in Service Program
Is Acting “on Behalf of” Church
Free Preview | Full Article

September 16-30
Congress, Hospitals Struggle
With Community Benefit Reporting
Full Article (free)

Third Circuit Reverses Itself,
Holds “Ministerial Exception” Bars Suit
Free Preview | Full Article

Court Can’t Hear Charity Dispute
Without Notice to Attorney General
Free Preview | Full Article

September 1-15
Grantmaker to Camp
Not Liable For Injury to Swimmer
Full Article (free)

CEO Wins Suit to Remove Board
For Breach of Fiduciary Duty
Free Preview | Full Article

Tenant Under $1 Oral Lease
Is Not Co-insured Under Landlord’s Policy
Free Preview | Full Article

August 1-31
Attorney for Nonprofit Corporation
Not Disqualified in Suit by Founder
Full Article (free)

Charitable Trust Protected
Against Bankruptcy Claims
Free Preview | Full Article

July 16-31
Congress Passes Charity Provisions,
Gift Incentives in Pension Bill
Full Article (free)

Power of Attorney Authorizes Gifts
Only in Best Interest of Principal
Free Preview | Full Article

Referral Agency Not Liable For Injuries
Caused by Service Provider on List
Free Preview | Full Article

July 1-15
Court Overturns Excess Benefit Taxes
Imposed on Sale of Charities to For-profits
Full Article (free)

“Conversion Foundation” Denied Bequest
To Hospital Whose Assets Were Sold
Free Preview | Full Article

Grassley Continues to Push
Charity Reform Provisions
Free Preview | Full Article

June 16-30
Court Denies Negotiated Fee
For Trustee of Charitable Trust
Full Article (free)

Court Approves Execution of Will,
Though Witnesses, Notary Not Present
Free Preview | Full Article

Courts Refuse to Hear
Church Disputes Over Pastors
Free Preview | Full Article

June 1-15
Philanthropist Sues Grantee
After Relationship Goes Sour
Full Article (free)

Third Circuit Sets New Rule
On “Ministerial Exception” to Title VII
Free Preview | Full Article

Expansive Release Form
Prevents Further Claims
Free Preview | Full Article

May 16-31
UMIFA to Become UPMIFA
In Latest Draft of Revisions
Full Article (free)

Here’s Why You Don’t Sign
Indemnification Clause Without Thinking
Free Preview | Full Article

Incorporation Does Not Give
Exclusive Right to Use of Name
Free Preview | Full Article

May 1-15
Donor Fund Foundation Denied
Charitable Exempt Status
Full Article (free)

Divided Court Reverses Executive’s
Right to Sue Directors for Firing Him
Free Preview | Full Article

Court Affirms Dismissal of Suit
To Enjoin Appointment of Receiver
Free Preview | Full Article

April 16-30
Independent Sector Issues Supplemental Report, Generally Discourages New Federal Action
Full Article (free)

Insured May Not Change Beneficiary Of
Life Insurance By Provisions in Will
Free Preview | Full Article

Who Receives Remainder of Lifetime Trust Representing Unspent Distributions from CRAT?
Free Preview | Full Article

April 1-15
Spitzer May Pursue Grasso
On Charges of Unreasonable Pay
Full Article (free)

Court Gives Estate
To Contingent Beneficiary
Free Preview | Full Article

LLC Can’t Sue Co-Member’s Parent,
But Lack of Authority Is No Defense
Free Preview | Full Article

March 16-31
Charity Exec Breaches Fiduciary Duty
By Failing to Oversee Professional Solicitors
Full Article (free)

Failure to Report Incident on Application
Voids Claims-Made Liability Insurance
Free Preview | Full Article

Uninsured Patients Lose in Federal Court,
Insured Patients Can Proceed in State Court
Free Preview | Full Article

March 1-15
IRS Revokes 3 Exemptions for Electioneering;
Will Continue Monitoring During ’06 Elections
Full Article (free)

Assets of Nonprofit Not Subject
To Forfeiture for Crimes of Board Chair
Free Preview | Full Article

Home Schooled Student Lacks Standing
To Seek Scholarship for High School Grads
Free Preview | Full Article

February 16-28
Board Can’t Remove Director
Without Notice Before Action
Full Article (free)

CFO May Be Fired After Complaints
About Improper Financial Statements
Free Preview | Full Article

Foundation Is Not “Affiliated Organization”
Because of Overlapping Trustees
Free Preview | Full Article

February 1-15
Nonprofit Hospital Not Liable
For Killer Competition with Med Center
Full Article (free)

Insurance Doesn’t Cover Claim
for Goods Missing from Storage Company
Free Preview | Full Article

Court Directs Custodian for Mosque
to Assure Proper Selection of Directors
Free Preview | Full Article

Illinois AG Proposes Legislation
to Require Charity Care from Hospitals
Free Preview | Full Article

January 16-31, 2006
Property of Archdiocese is Subject
To Claims of Abuse Victims in Bankruptcy
Full Article (free)

Agency’s For-Profit Subsidiary is Successor
That Must Bargain with Seller’s Union
Free Preview | Full Article

Local Church Holds Property
In Trust for Episcopal Diocese
Free Preview | Full Article

2005

December 16-January 15, 2006
Trustees Can’t Oust Directors And Cut Support for Program
Full Article (free)

Foundation Can’t Recover Grant When Grantee Goes Bankrupt
Free Preview | Full Article

Alternate Beneficiary Can’t Recover When Property for Center Is Sold
Free Preview | Full Article

Residents Can’t Sue Directors Over Sale of Hospital
Free Preview | Full Article

December 1-15
Director Loses Suit Against Other Directors For Fraud, Conflict, Breach of Fiduciary Duty Full Article (free)

Defendant Need Not Be Convicted Of Terrorism to Get Terrorist Penalty
Free Preview | Full Article

Watchdog Group Can’t Force FEC To Value Contribution of Mailing List
Free Preview | Full Article

State Laws Restricting Phone Solicitors For Nonprofits Are Upheld by Courts
Free Preview | Full Article

November 16-30
Senate Approves Limits on Charities, Incentives for Charitable Giving
Full Article (free)

Clinton Foundation Is “Legitimate Business Enterprise”
Eligible for Tax Breaks Under Economic Development Law
Free Preview | Full Article

Corporate Action is Permissible Unless Prohibited by Governing Instruments
Free Preview | Full Article

Donors Can’t Sue Charity for Damages When Deduction Is Postponed
Free Preview | Full Article

November 1-15
President’s Tax Panel Urges
Incentives for Charitable Giving
Full Article (free)

Court Orders Fraternal Order of Eagles
To Consider Women for Membership
Free Preview | Full Article

Community Foundation May End
Right of Group to Name Trustee
Free Preview | Full Article

October 16-31
Nonprofit Panel Considers
Supplementary Report to Senate
Full Article (free)

Life Tenant Cannot Compel Sale
Of Property Over Charity’s Objection
Free Preview | Full Article

Bankruptcy Can’t Be Used As Tactic
To Avoid State Court Litigation Loss
Free Preview | Full Article

Hershey School Alumni Association
Fights Over Election of Officers
Free Preview | Full Article

October 1-15
Uninsured Patients Win Class Action Status
In Oregon Unfair Trade Practices Case
Full Article (free)

Donor’s “Request” for Use of Bequest
Is Ruled a Direction to Recipient
Free Preview | Full Article

Member May Sue Directors
Despite Liability Protection Act
Free Preview | Full Article

September 16-30
Nonprofit Ordered to Pay $1.4 Million
To Indemnify Committee Members
Full Article (free)

Former Exec Fails in Effort
To Take Over Nonprofit
Free Preview | Full Article

NCCUSL Postpones Recommendations
For Changes In UMIFA Rules
Free Preview | Full Article

August 16-September 15
Court Allows Note Holders to Sue
Officers and Directors for Securities Violations
Full Article (free)

Court Refuses to Terminate Charitable Trust
Even Though Beneficiaries Agree
Free Preview | Full Article

Insurance Carrier Must Pay Legal Fees
When It Fails to Provide Defense Under Policy
Free Preview | Full Article

Challengers Fail To Stop
Sale of Audubon Folio
Free Preview | Full Article

August 1-15
Hospital Not Required to Maintain
Chapel Constructed With Bequest
Full Article (free)

Probationary Club Members Not Entitled
To Hearing Before Denial of Full Membership
Free Preview | Full Article

Who Receives Remainder of Lifetime Trust
Representing Unspent Distributions from CRAT?
Free Preview | Full Article

July 16-31
Court Expands Standing Rules
When Attorney General Has Conflict
Full Article (free)

Court Upholds Bylaw Requirement
For Approval of 2/3 of Members to Sue
Free Preview | Full Article

Animal Welfare Providers Have No Standing
To Contest Humane Society’s Pledge of Trust Assets
Free Preview | Full Article

July 1-15
Nonprofit Panel Recommends Changes
To Improve Transparency, Accountability
Full Article (free)

Foundation and Executive Liable
For Failing to Make Promised Grant
Free Preview | Full Article

Court Says Foundation Has Standing
To Sue to Enforce Conditions on Grant
Free Preview | Full Article

June 16-30
Senate Finance Committee Focuses
Hearing on Conservation Easements
Full Article (free)

Court May Inquire Whether 501(c)(3) Agency
Is Acting as a “Nonprofit” Credit Counselor
Free Preview | Full Article

Does Collector of Contributions
Have Obligation to Remit to Organization?
Free Preview | Full Article

Unincorporated Association Can’t Sue
To Prevent Secession of Affiliates
Free Preview | Full Article

June 1-15
House Committee Holds Hearings
On Charitable Hospital Exemption
Full Article (free)

Bylaw Provisions on Pensions
Serve as Contracts with Pastors
Free Preview | Full Article

"Dissolution” of College Is Ineffective
To Eliminate Control by Church Convention
Free Preview | Full Article

May 16-31
Court Tells Charity: Keep Name
On Building or Return Contribution
Full Article (free)

Independent Sector Seeks Comment
On Additional Governance Rules
Free Preview | Full Article

Bank Trustee Can’t Raise Fees
To Administer Private Foundation
Free Preview | Full Article

May 1-15
House Ways and Means Committee Holds
Its Own Hearing on Nonprofit Oversight
Full Article (free)

Directors May Be Personally Liable
For Approving Antitrust Violation
Free Preview | Full Article

Barnes Student’s Appeal Dismissed
Without Consideration of Standing, Merits
Free Preview | Full Article

April 16-30
Nonprofit Not Liable for Damages
When Directors Exercised Due Care
Full Article

Foundation Seeks to Recover Grant
For Misrepresentation by Grantee
Free Preview | Full Article

Synagogue Ordered to Hold Special Meeting
To Elect New Board of Directors
Free Preview | Full Article

April 1-15
Concealment of Sex Charges
Negates Insurance When Sued
Full Article

Exculpatory Clause Ruled Invalid
Where It May Cover Willful Misconduct
Free Preview | Full Article

Charity May Inherit Half of Estate Residue
When Named to Receive ‘Personal Effects’
Free Preview | Full Article

Statute of Limitations Does Not Bar
Sexual Abuse Case Against Archdiocese
Free Preview | Full Article

Planned Giving Council Releases Reporting Guidelines
Full Article

March 16-31
Beneficiaries May Sue Professional Solicitors
For Breach of Fiduciary Duty in Fundraising
Full Article

Citizen May Sue Foundation for Amounts Spent
In Reliance on Grant Promised, But Not Made
Free Preview | Full Article

Drafters of UMIFA Revisions
Narrow List of Proposed Changes
Free Preview | Full Article

March 1-15
Minnesota Attorney General Blasts Hospital
For Failures in Charity Care, Governance
Full Article

Family Foundation Loses Case
To Loss of Name on Cancer Center
Free Preview | Full Article

Does Will Permit Multiple Gifts?
Free Preview | Full Article

February 16-28
Independent Sector Seeks Comments on Ideas
To Strengthen Governance and Accountability
Full Article

Court Adopts “Multi-Factor Approach”
To Determine Standing in Charity Case
Free Preview | Full Article

IRS Reiterates Right of Foundations
To Support Lobbying by Public Charities
Free Preview | Full Article

February 1-15
Congress Looks to New Taxes on Charities
and Limitation on Deductions to Help Cure Deficit
Full Article

Charity May Collect on Pledge
Unpaid Before Death of Donor
Free Preview | Full Article

Court Refuses to Review Suspension
Of Social Club Member’s Rights
Free Preview | Full Article

May Directors Remove Director for Cause
When Bylaws Are Silent on Their Power?
Free Preview | Full Article

January 16-31
Congress Accelerates Deductions
For Tsunami Relief Contributions
Full Article

State Can't Force Foundation
To Contribute for State Programs
Free Preview | Full Article

Executive is Not Personally Liable
For Negligent Misrepresentation on Contract
Free Preview | Full Article

Barnes Student Appeals Ruling
Free Preview | Full Article

2004

December 16-January 15, 2005
Court Allows Barnes Foundation
To Move Collection to Philadelphia
Full Article

Courts Dismiss Uninsured Patient Cases;
Others File Appeal, New State Claims
Free Preview | Full Article

Utah Supreme Court Recognizes Claim
For "Negligent Placement" of Foster Child
Free Preview | Full Article

December 1-15
Court Denies Supporting Organization Status
When Group Is Not “Integral Part” of Public Charity
Full Article

Virginia Court Refuses to Extend
Charitable Immunity to Gross Negligence
Free Preview | Full Article

Court Says Member May Not Sue
To Contest Termination of Rights
Free Preview | Full Article

November 16-30
IRS Approves Deduction for Gifts to Charity
Where Donor Obtains Right to Manage Investments
Full Article

Director is "Limited Purpose Public Figure"
For Analysis of Defamation Case
Free Preview | Full Article

Professor Need Not Register as Engineer
To Provide Opinion for Testimony on Road
Free Preview | Full Article

November 1-15
Court Reverses $1.5 Million Jury Verdict
For CFO Who Complained about Billing Practices
Full Article

Court Refuses to Decide Among Factions,
Remands Case for New Elections
Free Preview | Full Article

California Enacts Sarbanes-type
Requirements for Charities
Free Preview | Full Article

October 16-31
Members May Inspect Corporate Records
Unless Corporation Shows Improper Purpose
Full Text

Court Permits, Dismisses RICO Claims
Against Former CEO and Others for Frauds
Free Preview | Full Text

Mistake in Interpreting Children's Intent
Does Not Show Lack of Testamentary Capacity
Free Preview | Full Text

October 1-15
Deceased Donor’s Promise to Give
Barred by “Dead Man’s Statute”
Full Text (free)

Long-Term Care Directors Sued
For Breach of Duty on Compensation
Free Preview | Full Text

Hospitals Deny Standing in Defending
Against Uninsured Patient Litigation
Free Preview | Full Text

September 16-30
IRS Recommends Excess Benefits Taxes
For Personal Use of Church Property
Full Text (free)

Courts Orders Expand Restitution
From Convicted Nonprofit Executives
Free Preview | Full Text

“Church” Pays Tax, But Doesn’t Lose
Exemption for Electioneering
Free Preview | Full Text

August 16-September 15

August 1-15
Uninsured Expand Class Action Claims
For Charity Care Against Nonprofit Hospitals
Full Article (free)

Directors May Be Sued for Tortiously
Trying to Remove Executive Director
Free Preview | Full Article

Court of Appeals Reverses Trial Court,
Rules Medical Waiver Ineffective
Free Preview | Full Article

July 16-31
Revocation of Dissolution Does Not Revoke
Transfer of Property Before Reinstatement
Full Article (free)

Nonprofit Has Standing to Contest
Violation of Voting Rights Act
Free Preview | Full Article

Board Has No Power to Issue
“Candidate Audit” During Elections
Free Preview | Full Article

Who Suffers Loss When Title Agent
Absconds with Money Before Settlement?
Preview | Full Text

July 1-15
Senate Finance Committee Hearing Seeks
“To Bring Real Reform in the Nonprofit Sector”
Full Article (free)

Foundation May Suspend Grants to Theater
But May Not Make Grants Elsewhere
Free Preview | Full Article

Court Must Approve Reimbursement Provision
When Contract to Sell Assets Is Disapproved
Free Preview | Full Article

June 16-30
Court Has Power to Approve Settlement
Of Foundation Dispute Without Assessing Fairness
Full Article (free)

Former Member of Church May Pursue Claim
Against Pastor for Professional Negligence
Free Preview | Full Article

Member Not Bound by Association’s Contract,
May Continue Zoning Fight After Group Settles
Free Preview | Full Article

June 1-15
State Can't Force Energy Foundation to Contribute
$125 Million for State Programs
Full Text

Zoning Law Permitting Clubs, Not Churches, Violates Federal
Religious Land Use Law
Preview | Full Text

Court Refuses to Terminate Spendthrift Trust But Advances $3
Million to Charitable Remainder
Preview | Full Text

May 16-30
IRS Issues Rev. Ruling on Joint Venture Between Charity and For-Profit Business
Full Text

Committee Poposes Changes to UMIFA To Eliminate Concept of "Historic Value"
Preview | Full Text

Corporation Formed to Enforce Agreement Against State Is Not Covered by Sunshine Law
Preview | Full Text

May 1-16
Grantmaker May Rescind Commitment When Grantee Fails to Meet Conditions
Full Text

Bequest "Adeemed by Satisfaction" When Donor Gave During Lifetime
Preview | Full Text

Insurance Policy Does Not Cover Claims Arising from Disputed Election
Preview | Full Text

Nonprofit Urging county to Reconsider Contract is Protected by First Amendment of Constitution
Preview | Full Text


April 16-30
"Expert Advice or Assistance" Provision Of Patriot Act is Held Unconstitutional
Full Text

Mention of Official's Admiration in Fundraising Letter Does Not Misuse Person's Name or Invade Privacy
Preview | Full Text

D & O Insurance Policy Does Not Cover Investigation of Possible Billing Fraud
Preview | Full Text

Court Reverses Dissolution of Nonprofit College When Action Was Taken Without Proper Approval
Preview | Full Text


April 1-16
IRS to Launch Compliance Initiative On Excess Benefit Transactions
Full Text

Nonprofit May Adopt Bylaw Provisions Which Are Not Inconsistent with Charter
Preview | Full text

University Must Exercise Reasonable Care In Directing Student on Class Field Trip
Preview | Full Text

March 16-31
Jury Finds St. David's Hospital Has Enough Control to Retain Exemption
Preview | Full Text

FTC May Limit Telemarketing For Charities Under Patriot Act
Preview | Full Text

Directors Serve One Year When Bylaws Don't specify Term
Preview | Full Text

FEC Propses Rules That Could Turn Nonprofits into Political Committees
Preview | Full Text

 

March 1-16
State Court Says Federal Excess Benefit Tax Standards Should Be Considered in Determining Fairness of Payment
Preview | Full Text
Nonprofit Wins Legal Fees Under EAJA, But Court Slashes Request by Almost 80%
Preview | Full Text
Beneficiaries of CRUT Have No Standing to Sue For Breach of Fiduciary Duty by Investment Manager
Preview | Full Text
Nonprofit Corporation Must Indemnify Treasurer Who Successfully Defends Against Defamation Suit
Preview | Full Text
Library May Sell Native America Collection to Bolster Finances and Ensure Viability
Preview | Full Text

2003
December 2003

Court Tells Barnes Trustees to Try Again
Preview | Full Text

Court Can Okay Fair Procedures For Stymied Corp
Preview | Full Text

Which Society is Entitled to Trust Funds?
Preview | Full Text

When Are Agency Lawyers Disabled by Conflict?
Preview | Full Text

Gift Does Not Trigger Right Of First Refusal
Preview | Full Text

October/November 2003

Court Says Charity Must Control Venture
Preview | Full Text

Theft of Funds Is Not Covered By Insurance
Preview | Full Text

Insurance Fails to Cover Drunk Driving Accident
Preview | Full Text

Ignoring Lawyer's Advice: Board Breaches Fiduciary Duty
Preview | Full Text

September 2003

Pew Trusts to Convert to Public Charity
Preview | Full Text

When Board is defunct: Court May Appoint Receiver for Agency
Preview | Full Text

Medical Waiver Protects Charity From Injury Claim
Preview | Full Text

Agencies Not Liable for Others' Criminal Acts
Preview | Full Text

August 2003

Boy Scouts May Be Excluded From Combined Campaign
Preview | Full Text

President Can't Publish His Poetry In Company Name
Preview | Full Text

Because Attorney on Board Heirs Don't Prove Undue Influence
Preview | Full Text

Fraternal Life Insurer May Change the Rules
Preview | Full Text

Insurer's Suit to Reject Claim Is Not Unfair
Preview | Full Text

July 2003

Volunteers Protected From Claim for Wages
Preview | Full Text

State May Have Right To Keep Funds In-state
Preview | Full Text

Though Same Boards and CEO: Creditors Can't Pierce Corporate Veil
Preview | Full Text

Hospital Can Stop Manager from Competing
Preview | Full Text

Court Refuses to Change Loan Fund to Grants
Preview | Full Text

June 2003

Volunteer Not Immune from Suit for Crash
Preview | Full Text

Trustees May Extend Foundation Despite Donor's Direction to End
Preview | Full Text

With Attorney General: Hershey School Agrees to Limitations
Preview | Full Text

30 Years Together Doesn't Imply a Contract
Preview | Full Text

For-profit Can't Stop Nonprofit's Lobbying Effort
Preview | Full Text

March/April/May 2003

Telemarketer May Be Prosecuted for Fraud
Preview | Full Text

Nonprofit Suffers Losses for Failure To File Report
Preview | Full Text

When minutes are silent: Was Quorum Present to Approve Rules?
Preview | Full Text    

Foundation Must Pay for Using Designer's Plans
Preview | Full Text  

January/February 2003

Nonprofit May Be Liable To Injured Volunteer
Preview | Full Text

No Help From Other Trustees: Trustee Pays for Bad Investments
Preview | Full Text

Court May Order Church Election of Pastor
Preview | Full Text

Failure to Follow Bylaws Voids Building Deal
Preview | Full Text

Courts Uphold Gifts Without Named Beneficiaries
Preview | Full Text

University's Attention Was Not Undue Influence
Preview | Full Text

2002

December 2002

Employee May Not Sue Board Separately from Corporation
Preview | Full Text

November 2002

State AG Dissolves Charities For Excessive Private Benefits
Preview | Full Text

October 2002

Employee May Not Sue Board Separately from Corporation
Preview | Full Text

September 2002

Agency Must Indemnify Another Against Its Own Negligence
Preview | Full Text

July 2002

Parent May Not Release Child's Injury Claim by Advance Waiver
Preview | Full Text

June 2002

Tax Court Affirms Excess Benefits Taxes - June 2002
Preview | Full Text

April 2002

Court Gives Church Property to Wife in Divorce
Preview | Full Text

March 2002

Court Allows Abuse Victims to Sue Church
Preview | Full Text

February 2002

Nonprofit Board Director Serves Until Replaced
Preview | Full Text

Janaury 2002

Bankruptcy Trustee May Claim Income Interest from Unitrust
Preview | Full Text

New Protection Covers Booster Club Volunteer
Preview | Full Text

Directors Quit and Select Successors
Preview | Full Text

Attorney General Frozen Out of Court in Virginia
Preview | Full Text

What is "Net Income Under the Laws of U.S.
Preview | Full Text

Change of Control Is Not Change of Purpose
Preview | Full Text

        

2001

IRS Issues Final Regs on Excess Benefits Taxes - Dec 2001
Preview | Full Text

Court Says Registration Act Invalid As Applied to Counsel - Nov 2001
Preview | Full Text

Is Mom’s Influence a Conflict? - Oct 2001
Preview | Full Text

Attorney General Challenges Nonprofits’ Corporate Waste - Sept 2001
Preview | Full Text

Ousted Directors May Recover Legal Fees by Indemnification - Aug 2001
Preview | Full Text

Insurance Coverage Denied For Claim After Start of Policy - July 2001
Preview | Full Text

Final Tax Bill Drops Provisions To Boost Charitable Giving - Apr 2001
Preview | Full Text

Court Upholds Denial of Exemption For Nonprofit Joint Venturer - Mar 2001
Preview | Full Text

CEO Personally Liable For FLSA Payments - Feb 2001
Preview | Full Text

IRS Issues New Regs on Excess Benefits - Jan 2001
Preview | Full Text

2000

University Enjoins Unauthorized Use of Service Marks by Alumni - Dec 2000
Preview | Full Text

IRS Seeks Advice on Internet Issues - Nov 2000
Preview | Full Text

Foundation Abused Discretion in Shifting Funds - Oct 2000
Preview | Full Text

Court Remands Solicitation Case for Due Process Review - Sept 2000
Preview | Full Text

Court Enjoins Cybersquatting Using Group’s Service Mark - July 2000
Preview | Full Text

Supreme Court Allows Scouts to Discriminate - June 2000
Preview | Full Text

Nonprofit May Sue for Lost Profits - May 2000
Preview | Full Text

Securities in Margin Account Produce Income Subject to UBIT - Apr 2000
Preview | Full Text

Is Competitive Golf Different in Different States? - Mar 2000
Preview | Full Text

Court Voids Parts of Utah Solicitation Act - Jan 2000
Preview | Full Text

1999

Zoning Board Can’t Stop Conversion of Hospital - Dec 1999
Preview | Full Text

Court Fails to Protect Officer Trying to/npi2/via/offerpage.php 1999
Preview | Full Text

To Obtain Insurance Coverage, When Must You Report Damage Claim? - Oct 1999
Preview | Full Text

Court Denies Exemption to Joint Venturer - Sept 1999
Preview | Full Text

Schools Must React To Harassment Claims - June 1999
Preview | Full Text

Church Loses Exempt Status for Political Ad - May 1999
Preview | Full Text

Affinity Card Income is Royalty, Not Subject to Business Tax - April 1999
Preview | Full Text

What is ‘Cause’ to Terminate Contract? - Mar 1999
Preview | Full Text

I want access to the entire collection - I'm ready to subscribe!