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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Resource Listings

Articles

Representations & Warranties

This Wisdom of the Crowd (ACC member discussion), compiled from responses posted on the Nonprofit Organizations Forum, discusses whether it is common for non-profit entities to refuse to agree to representations & warranties in a contract.

Articles

Regulations Implementing California's Charitable Fundraising Platform Law Finalized: Significant Compliance Changes Lie Ahead

By Cristina I. Vessels, Ashleigh A. Allione, and Sarah E. Fisher (Venable LLP)

This article discusses California's new compliance regime for entities that qualify as "charitable fundraising platforms."

It offers a high-level overview of who qualifies as a charitable fundraising platform, what obligations platforms must meet, and when various compliance obligations take effect.

Articles

Trump Administration to Impose False Claims Act Liability on Contractors Who Continue to Maintain DEI and Other Affirmative Action Programs

By James Y. Boland and Dismas Locaria (Venable LLP)

On January 21, 2025, President Trump issued a widely expected executive order (EO), Ending Illegal Discrimination and Restoring Merit-Based Opportunity, targeting affirmative action and diversity, equity, and inclusion (DEI) initiatives in the federal government.

The EO creates new compliance obligations for all government contractors and grant recipients and will lead to new Federal Acquisition Regulation (FAR) rules, eliminating such things as mandatory affirmative action plans and adding a new mandatory contract certification.

Any contractor or grant recipient that currently maintains a DEI program should especially take note, as the EO directly links the maintenance of future DEI programs to False Claims Act (FCA) liability.

Articles

The OMB Issued a Memo Freezing Federal Financial Assistance. And Then Rescinded the Memo, But Not the Freeze. Confused? Read On

By Dismas Locaria and Christopher Griesedieck, Jr. (Venable LLP)

On January 29, the U.S. Office of Management and Budget (OMB) rescinded M-25-13, which it had issued two days earlier, and which required federal agencies to "temporarily pause all activities related to obligation or disbursement of all Federal financial assistance."

Days after it was issued on January 27, one federal judge administratively stayed a portion of the memo before the OMB rescinded it altogether. A White House press secretary subsequently explained that the "freeze" was, in fact, still in place, and another judge indicated he intends to issue an injunction soon.

While much remains unclear, there are basic parameters and next steps every FFA recipient should consider.

Sample Forms, Policies, and Contracts

Sample Third Party Charitable Sales Promotion and Licensing Agreement (US)

This is a sample Third-Party Charitable Sales Promotion and Licensing Agreement, between a not-for-profit organization and a for-profit company, for the for-profit company to sell products promoting a cause of the non-profit organization in the United States, and for the payment of resulting royalties to the non-profit organization.

Sample Forms, Policies, and Contracts

Third Party Charitable Sales Promotion and Licensing Agreement Master Terms and Conditions (US)

These are sample Master Terms and Conditions governing a sample Third-Party Charitable Sales Promotion and Licensing Agreement, between a not-for-profit organization and a for-profit company, for the for-profit company to sell products promoting a cause of the non-profit organization in the United States, and for the payment of resulting royalties to the non-profit organization.

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