Nonprofit Alerts

WC&B offers an occasional narrative of topical matters relevant to nonprofits. These alerts offer a short, concise overview but our attorneys are always ready to provide further guidance on how the issue specifically impacts your organization.

  • Update Re COVID 19 Phase 3
    On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act, a $2.2 trillion package, contains a mixture of different relief measures for businesses, including non-profit organizations, state and local governments, and individuals. The CARES Act is the third phase of the federal government’s response to the COVID-19 pandemic.
  • Firm Update Re COVID 19 Phase 1The novel COVID-19, commonly known as the coronavirus, has significantly disrupted daily life all over the United States. Congress has responded by passing two phases of coronavirus-related legislation: the Coronavirus Preparedness and Response Supplemental Appropriations Act (“Coronavirus Supplemental”) (Phase 1) and the Families First Coronavirus Response Act (Phase 2) (see our Alert here).
  • 3.26.20 COVID 19 Response LegislationThe Coronavirus Disease 2019 (“COVID-19”) has significantly disrupted daily life all over the United States. In response, Congress has taken legislative action. To date, Congress has passed the Coronavirus Preparedness and Response Supplemental Appropriations Act (Phase 1) and the Families First Coronavirus Response Act (Phase 2).
  • NEW YORK’S SHIELD ACT – IT’S COMPLIANCE TIME
    The New York Stop Hacks and Improve Electronic Security Act1 (“SHIELD Act”) aims to reduce the likelihood of data breaches by requiring robust data security programs. To reduce the risk of a data breach, by March 21, 2020, any person or business (including nonprofit organizations) that owns or licenses private information of a resident of New York shall develop a data security program.
  • U.S. Department of Justice Antitrust Probe Into Automakers’ Agreement With the California Air Resources Board
    Associations should take note of a recent and ongoing antitrust investigation by the U.S. Department of Justice (DOJ) into alleged, concerted activity by four automakers with the California Air Resources Board (CARB), an agency of the State of California.
  • Mississippi Telephone Solicitation Act (June 5, 2019)
    Charities registered to solicit contributions in Mississippi recently received a notice from the Secretary of State’s office, alerting them to new registration requirements under the Mississippi Telephone Solicitation Act. A copy of the notice is reprinted at the end of this Alert. We have received questions about this notice from many clients. This Alert responds to those questions.
  • EU General Data Protection Regulation (GDPR): Overview for U.S. Nonprofit Organizations
    Beginning on May 25, 2018, new privacy legislation in the European Union could require companies around the world, including some U.S. nonprofit organizations, to change the way they collect and handle personal information of individuals in the EU.
  • Recent Developments Regarding The Canadian Anti-Spam Law
    Three years ago on July 1, 2014, the Canadian Government enacted the Canadian Anti-Spam Law (“CASL”), regulating the sending of commercial electronic messages (“CEMs”) and other activities such as unsolicited installation of computer programs and email harvesting.
  • Coca-Cola and the American Beverage Association sued for deceptive marketing practices
    On January 4, 2017, the Center for Science in the Public Interest and the Public Health Advocacy Institute, on behalf of the nonprofit Praxis Project (together “the Plaintiffs”), sued the Coca-Cola Company and the American Beverage Association (“ABA”) in a California Federal district court.
  • Assessing the Impact of China’s Foreign NGO Law
    On January 1, 2017, a new Chinese law will go into effect that has the potential to greatly impact the way that nonprofits conduct business in the country.
  • Beginning January 1, 2016, all D.C. Employers of 20 or More, Including Nonprofits, Must Provide a Transit Benefit
    Beginning on January 1, 2016, a provision of a 2014 DC law takes effect and mandates that businesses with addresses in the District of Columbia which have 20 or more employees must provide one of the following transit benefits to its employees…
  • Monetizing Your Activities: Is it Taxable?
    Making money is a good thing, right? A tax-exempt organization generally does not pay taxes on its income, whether that income is from dues, donations, investments, or sale of certain goods and services.
  • How to be an Effective Association Director
    It is important for association Directors to understand their role in the association’s governance and operational structure.
  • New Rules For Employers in the District of Columbia
    Two recent pieces of legislation will impact employers in the District of Columbia: the Wage Theft Prevention Amendment Act of 20141 (“Wage Theft Act”) and the Fair Criminal Record Screening Amendment Act of 20142 (“Criminal Screening Act”).
  • Theft and Embezzlement: A Diligence Checklist
    Recent media attention to fraud in the nonprofit community has provided a wake-up call for associations that may need to get better at protecting their assets.
  • No Longer Overlooked: States Tighten Requirements, Increase Enforcement of Charitable Solicitation Laws
    Charities once basked in the glow of public trust, but a stream of high-profile fraud cases changed the perception of nonprofits, leading legislatures to enact laws intended to protect citizens from unscrupulous intentions.
  • Canadian Anti-Spam Law Impacts U.S. Nonprofits
    Canada’s anti-spam legislation (known as CASL) takes effect on July 1, 2014 and is much broader than the U.S. CAN-SPAM law because it requires an opt-in.
  • IRS Announces it Will Re-Propose Regulations Defining Political Activity for 501(c)(4) Exempt Organizations
    In November, 2013, Treasury published proposed regulations that would have substantially expanded the definition of political activity solely for purposes of determining whether a §501(c)(4) “social welfare” organization was primarily engaged in social welfare activity (including lobbying, but excluding political activity).
  • What to Watch for When Negotiating Commercial Office Leases
    Your association makes a big financial commitment when it enters into a lease agreement for office space. To get the best outcome, make sure you understand the legal and business issues you will need to negotiate with a potential landlord before you sign on the dotted line.
  • Supreme Court Invalidates Aggregate Contribution Limits
    On April 2, 2014, the Supreme Court in McCutcheon v. FEC, struck down the biennial aggregate contribution limits, in effect since 1974, holding such limits are invalid under the First Amendment.
  • IRS Issues Political Activity Proposed Regulations: Comments due February 27, 2014
    On November 29, 2013, the Internal Revenue Service issued proposed regulations addressing certain political – or politically tinged – activities by §501(c)(4) organizations. The stated intent is twofold: (1) to make determinations of what activities are “political” more black-and-white; and (2) to broaden the scope of what is considered to be “political activity” by §501(c)(4) organizations.