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Court Bans LaPierre From NRA, Denies Monitor to Enforce Reforms

Judge asks parties to agree on enforceable changes in operations, saying NRA has not fully accepted responsibility for failures

A trial judge in New York has banned former Executive Vice President Wayne LaPierre from serving in any fiduciary capacity with the National Rifle Association for the next 10 years, but has refused to appoint a monitor to review the operations of the organization as had been requested by New York state Attorney General Letitia James.  The Court has asked the parties to agree on lesser enforceable remedies to assure that future operations are compliant with the law.

Members of Alumni Association Denied Access to Email Addresses of Other Members

In divided opinion, court says potential candidate for the Board is entitled to disclosure of snail-mail addresses only

An appellate court in Virginia has held that four members of the Virginia Military Institute Alumni Association, including one intending to run for a seat on its board of directors, are not entitled to disclosure of email addresses of the other members under the state’s Nonstock Corporation Act.  In a divided opinion, it has affirmed a trial court decision that a member’s statutory rights to inspect the records of members does not extend to the members’ email addresses.

Plaintiff Trustee Not Indemnified Unless Bylaws Provide Specific Right

Court says ambiguous provision must be construed against the indemnitee

A nonprofit corporation’s bylaw provision for indemnification does not cover reimbursement of a trustee who is a plaintiff in a lawsuit against the corporation unless specifically provided in the bylaw, the Supreme Court of New Jersey has decided recently.  The Court overturned an award of more than $560,000 in legal fees to a trustee who had filed suit to overturn his removal from the Board of his homeowners’ association.

Court Orders Injunction of Venture Fund Contest For Black Women Entrepreneurs

Court of Appeals affirms standing of plaintiffs, but overturns trial court dismissal of First Amendment defense

The 11th Circuit Court of Appeals, in a 2-1 decision, has reversed a trial court refusal to dismiss a challenge to a venture capital fund contest open only to black women entrepreneurs, one of the first of a series of cases challenging the use of race as a criterion for remedial programs to assist historically disadvantaged groups.  The Court has affirmed the trial court conclusion that the plaintiff has standing to bring the case, but overturned the trial court’s refusal to dismiss on the ground that the First Amendment “may bar” the claim on the ground that the contest constitutes ex

Foundation Loses Insurance Claim For Grants Based On Fake Exemption Letter

Court says computer fraud claim is not covered because loss was not directly caused by fraudulent email

The Denver Foundation has been unable to recover from insurance on a claim of computer fraud when a non-exempt applicant submitted a fraudulently modified IRS letter to show that it was charitably tax-exempt under section 501(c)(3) of the Tax Code.  A Federal District Court in Colorado has ruled that the loss did not “directly” result from the fraudulent email.

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