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YOUR ONE-STOP PLACE FOR NONPROFIT LAW YOU NEED TO KNOW

Should Your Organization Elect Under 501(h)?
Sole Member Bylaws Can Protect Founder of Nonprofit
Volunteer Contract Can Define Commitments
Classify: Employee or Independent Contractor?
E-mail Policies Can Reduce Risks of Liability
30 Key Issues on the Form 990: PR opportunities and traps for unwary
Commentary: Keep Charities Out of Politics
The Charges Against the Trump Foundation
Large Nonprofit Boards at "Eds" and "Meds" Should Increase Their Gender Diversity
Women Under-Represented on Boards Of Large Educational and Medical Institutions
University property leased for child care not exempt
Unsuccessful College Applicants Lack Standing to Sue in Admissions Scandal
State senator deemed “disqualified person” of charity
PA Updates Nonprofit Corporation Law
Governance—A Tale of Good Intentions
  1. Home
  2. Volume XXXV, No. 4

Volume XXXV, No. 4

August 18, 2025
Lead Stories

IRS Proposes Deal to Ignore Johnson Amendment for Churches

Proposed consent judgment would prohibit enforcement of electioneering prohibition against two Texas churches

Nonprofit Directors Immune From Defamation Claims

Former director has no claims against organization that had been dissolved

Nonprofit School Trustee Is Not Agent Protected from Retaliation under FCA

False Claims Act does not protect trustee fired after questioning use of funds from Covid programs
Lessons from Litigation

Nonprofit’s claim against treasurer not discharged in bankruptcy

Bankruptcy creditors can’t claim proceeds of restricted gifts

Suspended club member may sue for bad faith action

Who owns SMU?

Employment Law

Nonprofit interns certified for FLSA collective action

Nurse may sue for pregnancy discrimination

Tax Matters

IRS issues more technical guides

Incomplete hospital not exempt from real estate tax

Trump Litigation Watch

DC Court denies injunction to protect broadcasters

First Circuit denies stay of DOE injunction

DC Court holds Order against law firm unconstitutional

CA Court enjoins termination of grants for violation of DEI

CA Court enjoins imposing anti-DEI provisions in AmeriCorps contracts

MA Court enjoins ban on Harvard foreign admissions

MD Court enjoins dismantling of Americorps

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September Webinar

Nonprofit Mergers, Acquisitions and Dissolutions
Wednesday, September 10, 2025
1:30-3:00 PM ET

The world has changed since we did our last webinar on mergers, acquisitions and dissolutions.  What was optional thinking for nonprofits in 2024 has become mandatory thinking for many in 2025.

With serious cutbacks in federal funding, increased competition for the limited private resources available, and efforts to abolish the very essence of the work of others, many nonprofits are now concerned about their ability to survive.  Now more than ever, considering whether and how to merge, affiliate or dissolve is critical.

Learn more and register

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.

Learn more

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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

Special Report Available

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. 
Download the full report free

None of the information on the Nonprofit Issues® Website should be deemed legal advice or should be acted upon without prior consultation with appropriate professional advisors.
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