Lead Stories

White Entrepreneur Lacks Standing To Challenge Amazon Diversity Grants

Court says plaintiff failed to show that purported injury is “concrete, particularized, and actual or imminent”

A federal District Court in Texas has dismissed a complaint brought by a 44-year-old white woman who complained that she was discriminated against by Amazon’s diversity grant program for Black, Hispanic, and Native American owners of delivery service partners.  She claimed she was discriminated against because the grants are not available to white or Asian owners.  The Court said she had not alleged an injury sufficient to establish that she had standing to bring the case.

Foundation Not Liable For Actions of Loaned Exec

Court says grantmaker did not have control over doctor working for another agency

A U.S. private foundation that loaned a physician on its staff to an international agency that conducted nonconsensual human medical experiments cannot be held liable for the actions of the loaned executive when it did not have control over his activities, the Fourth Circuit Court of Appeals has affirmed.  The Court has upheld the earlier decision of a federal District Court in Maryland holding that the foundation could not be liable because the physician was not acting as its agent in conducting the experiments.

Utah Repeals Charitable Solicitation Registration Requirement

Will not accept registrations after May 1, will require Form 990 filing in 2025

The state of Utah has recently, and without fanfare, passed a statute (H.B.43) that repeals the requirement for most charities to file charitable solicitation registration forms with the state, commencing with the effective date of the statute on May 1, 2024. 

Court Affirms Trial Court Decision Denying Termination of Charitable Trust

Decision was within discretion to determine that burdens were not “unreasonably out of proportion to the charitable benefits”

The Pennsylvania Supreme Court has affirmed a decision by a state trial court holding that a charitable trust providing support of Virginia Military Institute should not be terminated because the additional burdens of operating as a separate private foundation were not “unreasonably out of proportion to the charitable benefits” of the trust.

Student, Faculty and Donor Lists Are Not Trade Secrets

Court dismisses claims that former exec unfairly used information for new school

When the executive director of the Bronx Conservatory of Music failed to reach agreement with the school on an extension of his employment contract in 2020, he shortly thereafter founded the Bronx School of Music and sent emails to his personal contacts, former students, community friends, and donors, seeking to recruit them to his new endeavor. 

Multiple Breaches of Trust Can Constitute "Significant Breach” to Remove Trustee

Court affirms removal of private foundation trustee even though some events, alone, might not have caused the action

The Supreme Court of Minnesota has affirmed two lower court decisions holding that a series of incidents involving a breach of trust can cumulatively justify removal of the trustee for “significant” breach of trust, even though some of the breaches alone might not justify removal.  It has affirmed the removal of one of the trustees of the Otto Bremer Trust, a $2 billion private foundation located in St. Paul, under the state’s version of the Uniform Trust Code.