Director Does Not Lose Standing to Sue For Breach of Duty When Not Re-elected to Board

California Supreme Court reverses appellate court decision, and holds that “continuous relationship” is not required

The California Supreme Court has overruled an appellate court decision that said that a director of a charitable corporation suing other directors for breach of fiduciary duty lost her standing to sue when she was not re-elected to the board during the litigation.  (See Nonprofit Issues® Vol. XXXI, No. 3.). The Supreme Court has unanimously held that “continuous relationship” is not required to continue the litigation under the state’s Nonprofit Corporation Law.

Court affirms $8.46 million tax penalty

The Ninth Circuit Court of Appeals has affirmed the imposition of an $8,465,000 penalty for the promoter of a “bogus tax scheme” involving the donation of timeshare properties for charity.  (See Nonprofit Issues® Vol. XXXII, No. 1.)  In doing so, the Court affirmed a trial court determination on the scope of the “activity” by which the scheme should be measured for imposition of the penalties.