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November 16-December 15, 2008

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November 16-December 15, 2008

November 16-December 15, 2008

Ponzi Victims May Sue Pastor Who Introduced Them to Scheme
Court dismisses claims for fraud and misrepresentation but allows claims under state securities law

Attorneys Not Liable for Advice In Nonprofit Ponzi Scheme
Since trustee stands in shoes of debtor, claim is barred under doctrine of in pari delicto

May Merged Children’s Home Retain Income from Trusts?
Court reverses trial court’s summary judgment cutting off funds from two trusts

Nonprofit Law YOU Need to Know
Can founder lock self into new nonprofit?
Can charity hire lobbyist?
Deduct costs of donated property?
May I deduct costs of vet care and food for shelter?
May president serve on board of competitor?
How do we deal with suspected theft?

Issues Notes

  • Kramer, Emerson to present
  • New Form 990: Public Relations Opportunity or Trap for the Unwary
  • Talk with the Editor, March 3, 2009

To the Point

The bylaws of a 501(c)(3) organization provide that a Director will serve 3 years.  The state nonprofit corporation law provides that unless otherwise stated, a Director will serve 1 year.  Can a Director continue to serve indefinitely after serving a 3-year term?

Lessons from Litigation

  • No presumption of undue influence for lawyer named executor of will
  • Church not liable for accident after sale

Tax Matters

  • Informal claim sufficient to start refund process
  • Non-accredited school qualifies for exemption

Employment Law

  • Retaliation for complaining of conflict is not cause of action under ADA
  • DOL gives guidance on scope of FLSA

Say That Again

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