Lead Stories

Executor of Foundation Trustee’s Estate Has Standing to Review Foundation Actions

Court says executor needs to be able to estimate liability for excise taxes, without regard to family discord

An executor of the estate of a private foundation trustee has standing to discover materials about foundation operations when he claims he needs the information to estimate possible liability for foundation excise taxes, the Pennsylvania Superior Court has held. This is true without regard to the long-standing family discord between the parties. (In Re: Raymond G. Perelman Charitable Remainder Unitrust, Superior Ct., PA, No. 155 EDA 2014, 3/17/15.)

Pa. Supreme Court To Consider Attorney-Charity Confidentiality

Party claims charity’s lawyer may report suspicious activity to Attorney General without regard to current Rules

The Supreme Court of Pennsylvania has agreed to consider whether an attorney for a public charity who believes that charitable assets are being unlawfully diverted for private purposes may notify the Attorney General.

National Nonprofit Not Liable For Local Chapter’s Failures

Fake “attorney” took money, but failed to assist plaintiffs with legal issues

The Council on American-Islamic Relations Action Network (“CAIR”) is not liable to individuals claiming that they suffered damages when an “attorney” with the CAIR chapter in Virginia failed to follow through on promises actions to help them with their legal problems. The federal District Court in the District of Columbia has granted summary judgment to CAIR after rejecting several theories of liability for the actions of its chapter. (

Attorney General Not Entitled To Notice of Tax Sale of Charity Property

Court says AG has no right, title, or interest in real estate simply because he has right to protect charitable interests

A taxing authority does not have to give notice of an impending tax sale of charitable real estate to the state Attorney General, an appellate court in New York has ruled. It has granted motions to dismiss a challenge to the sale of 14 separate parcels of land filed by an unincorporated charitable trust. (Turtle Island Trust v. County of Clinton, Supreme Ct., NY, App. Div., Third Dept., 2/26/15.)

Lawyer May Be Liable for “Oversight” In Failing to Have Client Sign Trust Change

Identifiable beneficiaries may have cause of action where it is clear an innocent party was injured

An attorney who failed to have a client sign an amendment to his living trust while getting him to sign amendments to his will and other documents may be liable for legal malpractice to family members the client wanted to favor over a number of charities, the Pennsylvania Superior Court has held. The Court has reversed a trial court dismissal of the claims and allowed the family members to pursue a malpractice claim against the lawyer and his firm. (E

Volunteer Protection Act Does Not Protect Against Sanctions for Contempt of Court

Court says VPA was intended to protect volunteers against ordinary negligence, not to curb courts’ contempt power

The Volunteer Protection Act does not protect volunteer directors from personal liability for contempt of court when they violate a court injunction, the Ninth Circuit Court of Appeals has ruled. The law was intended to protect volunteers against claims for ordinary negligence and not to interfere with the inherent powers of courts to enforce their orders. (Institute of Cetacean Research v.

January Webinar

Bylaws: The "Constitution" of Nonprofits - The Art and Science of Making Them Work
Wednesday, January 14, 2026
1:30-3:00 PM ET

Can Donald Trump serve a third term as President? A lot of commentators say the answer is clearly “No.” Steve Bannon says they have “a plan.”

If the bylaws of a nonprofit function as the “Constitution” of the corporation, and the Constitution of the United States functions as the bylaws of the nation, learn why the term limit provision of the Constitution is not so clear and how it would undoubtedly lead to litigation if Trump seeks to serve a third term.

If you want bylaws that don’t lead to litigation, join us for tips on how to write them so that they say what you mean and mean what you say.

Do you have nonprofit bylaws that work?
Not bylaws that are open to several interpretations.
Not bylaws that describe the way things used to be done.
Not bylaws that fail to cover key power issues.

But bylaws that set out clear roles and responsibilities so that people can understand how to proceed, without litigation.

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Nonprofit bylaw review

Don Kramer will review and comment on your own current or proposed bylaws

Do your Bylaws reflect the way you actually operate? Do they protect the interests of those who should be protected? Do they spell out clearly how to deal with governance issues? Or do they create uncertainty for those who have to implement them?

Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

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SAY THAT AGAIN?

May 30, 2025

The loan agreement says: “All contractual rates of interest chargeable on the outstanding Term Loans shall continue to accrue and be paid even after default, maturity, acceleration, judgment, bankruptcy, insolvency proceedings of any kind or the happening of any event or occurrence similar or dissimilar.”

A former banker friend says that “any event or occurrence similar or dissimilar” is some lawyer “fancy talk” for “the kitchen sink!”

See our "Say That Again" collection

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Increasing Gender Diversity on the Boards of Nonprofit Eds and Meds: Why and How to Do It

This report provides a rare inside view on barriers women face to selection and success that are particular to nonprofit organizations and makes specific recommendations on how to improve the gender ratio.
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