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.
This article discusses some of the key issues nonprofit organizations encounter with copyrights.
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.
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.
On January 29, the U.S. Office of Management and Budget (OMB) rescinded M-25-13, which it had issued two days earlier, and which required federal agencies to "temporarily pause all activities related to obligation or disbursement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Days after it was issued on January 27, one federal judge administratively stayed a portion of the memo before the OMB rescinded it altogether.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.
Explore ACC's selection of global, regional, and country-focused resources to help in-house counsel navigate legal, business and career issues arising from the COVID-19 (coronavirus / 2019-nCov) crisis.
Changing your governance strategy is hard, let alone adjusting it in the middle of a global pandemic. In this article, in-house counsel will learn how to navigate virtual board meetings and the legal context in which to analyze their governance plans. This article was originally published in May 2020.
Non-profits as well as most businesses in the United States are formulating plans to reopen. In this article, in-house counsel will learn how to consider potential liability risks as their employees return to work. This article was originally published in July 2020.
In this article, in-house counsel can consider this template for model attendee liability waiver and assumption of risk for future association in-person events.
In this tumultuous landscape, it's important that in-house counsel build strategies to protect the companies. This article answers ten questions regarding events and event planning during Covid-19. This article was originally published in June 2020.