NON-PROFIT ORGANIZATIONS

Starting a nonprofit can be a complex journey, but I am here to streamline the legal process and ensure compliance so that you can focus on building your organization. My services include drafting the Certificate of Incorporation, bylaws, IRS Form 1023, and other relevant documents, such as template grant documents for “Friends of” organizations.

As we work on getting your organization tax-exempt status, I am available to provide guidance on other legal and regulatory aspects associated with launching and running a nonprofit.

With extensive contract drafting and negotiating experience from my time as in-house counsel, I offer a unique perspective that balances your organization’s operational objectives with legal compliance and risk mitigation. I possess expertise in a wide array of agreements, including, but not limited to:

● Collaboration / Partnership Agreements

● Licensing Agreements

● Grant Agreements (including specialized agreements for “Friends of” organizations)

● Grant Agreements

● Sponsorship Agreements

● Commercial Co-Venture and Roundup Agreements

● Consulting / Vendor Agreements (for services received)

● Fee-for-Service Agreements (for services provided)

● SaaS (Software as a Service) Agreements

● Employment Offer Letters and Severance Agreements (that comply with your state and local employment laws)

● Technology Transfer Agreements

● Outsourcing Agreements (including contracts with PEOs)

● Website Terms of Service & Privacy Policies

● Data Protection Addendums

● MOUs

● Non-Disclosure Agreements / Confidentiality Agreements

● Contest / Sweepstakes Agreements and Rules

● Photography / Videography / Use of Likeness Agreements

● Consents / Waivers / Releases (including liability waivers and parental consent)

Throughout my legal career, I have managed and advised on a wide array of management-side employment issues – first, as a litigator at Paul Weiss and Kramer Levin and later while serving as in-house counsel. My employment-related services include:

● Drafting and negotiating employment offer letters and severance agreements

● Drafting and reviewing employment policies and employee handbooks

● Advising on employee hiring, discipline, performance improvement plans (PIPs), and terminations

● Performing internal investigations relating to alleged sexual harassment, discrimination, employment practices, governance issues, fraud or other misconduct

● Providing counseling on compliance with local, state, and Federal law and regulations

The fundraising and grant-related activities of nonprofits are subject to intricate regulations under both state and federal law. Mismanagement of these matters can expose organizations to significant risk. Navigating this complex legal landscape can be challenging, particularly for those who are not well-versed in the intricacies of tax-exempt statutes and regulations.

I particularly love the fundraising space. As someone who is personally involved in fundraising for nonprofits and political candidates, I understand the pressures your organization faces to reach its goals. With this unique perspective, I am available to help your organization build a robust and legally-compliant development operation.

My services include:

● Evaluating compliance with state charitable registration requirements

● Drafting, reviewing, and negotiating grant agreements

● Providing templates for grantmaking by “Friends of” organizations

● Advising on how to legally execute cause-related marketing campaigns, including commercial co-ventures, in compliance with legal requirements

● Drafting and negotiating agreements for gifts, sponsorships, commercial co-ventures, and round-up campaigns

● Providing guidance on the proper hiring of professional fundraisers and reviewing their agreements to ensure inclusion of required legal terms

● Developing donor privacy and gift acceptance policies 

● Reviewing service as a software (SaaS) agreements with CRM and donation software companies to safeguard sensitive donor information

Strong and effective governance is critical for non-profit organizations. State laws, such as New York’s Nonprofit Revitalization Act, establish obligations regarding a nonprofit’s bylaws, committees, and policies and procedures. Drawing on my in-house counsel experience, I provide guidance on navigating the regulatory landscape, as well as practical advice regarding the drafting and revisions of bylaws, committee charters, and policies and procedures including their Conflict of Interest Policy, Board Code of Conduct, and Gift Acceptance Policy.

With nearly a decade of in-house experience, I have a unique understanding of the range of issues – from the mundane to a crisis situation – facing non-profit organizations. I am available to advise your organization through a crisis, draft operational policies and procedures (e.g., IT policies), and help tackle other issues as they arise.

For organizations seeking part-time, in-house legal support, a fractional general counsel arrangement presents an ideal solution. As a fractional general counsel, I provide ongoing legal services at a fixed monthly rate, delivering a set number of hours tailored to your needs. This structure provides you with the benefit of having a skilled attorney and thought partner who develops a deep understanding of your organization, while avoiding the financial commitments associated with a full-time salaried employee.