Public Charities, Private Foundations and Other Nonprofit Organizations
Our nonprofit clients range from private foundations structured for estate planning or corporate outreach purposes to public charities, including but not limited to hospitals, health care networks, nursing homes and charter schools with important local and regional missions. Due to the complexity of state and federal law governing nonprofit entities, we advise our clients on issues relating to enterprise planning, public and private funding, corporate structure, network development, joint ventures, corporate governance, selection of (and application for) appropriate federal tax status and state law classification, and regulatory constraints on a wide variety of corporate activities and relationships. We also counsel our tax-exempt clients in connection with their charitable giving development programs, including unrestricted and restricted gifts, gift annuities, charitable lead and remainder trusts, and endowment funds.
We represent charitable organizations as well as professional associations and other tax-exempt but non-charitable organizations, on matters relating to antitrust compliance, reimbursement strategies, diversification of mission, and affiliated groups. We provide assistance to charitable clients on internal corporate investigations, defense of external compliance audits and investigations, and a variety of other compliance and tax-related proceedings. We have designed and developed compliance initiatives and programs for a number of charitable clients, primarily but not exclusively in the health care industry. We also provide assistance on corporate finance and funding matters to clients operating assisted housing and related programs for community development.
Our attorneys understand the unique needs of nonprofit clients and the high levels of accountability to which nonprofit entities may be subject. We encourage our nonprofit clients (both large and small) to carefully evaluate routine as well as complex matters, with the ultimate goal of proactive risk management. We help our nonprofit clients with their basic requirements, such as drafting of certificates, bylaws, resolutions and other corporate documents, contract and lease evaluation and negotiation, evaluation of inurement and private benefit issues related to compensation and benefits, grant development, and similar operational matters.