News & Analysis as of

Charitable Organizations Nonprofits Donors

Nutter McClennen & Fish LLP

The Real Impact (Spring 2025)

Drinking From the D.C. Firehose: 10 FAQs for Charitable Organizations and Their Donors....more

Charles E. Rounds, Jr. - Suffolk University...

Fiduciary Litigators Beware: the Overlapping Coverage of the Uniform Trust Code and the Uniform Prudent Management of...

Some administered charitable gifts may qualify as “charitable trusts” under the Uniform Trust Code (UTC) and as “institutional funds” under the Uniform Prudent Management of Institutional Funds Act (UPMIFA). An “institutional...more

Moritt Hock & Hamroff LLP

Strengthening Your Charitable Mission Through Partnership & Collaboration

As attorneys who work primarily with not-for-profit organizations, one challenge in charitable operations that comes up time and time again is how to further the charitable mission. Whether it’s feeding hungry people,...more

Partridge Snow & Hahn LLP

Massachusetts and Rhode Island Charities: Unlocking Restricted Funds

For many charitable institutions, accepting gifts subject to certain donor-imposed restrictions is in the normal course of business. While these restricted funds are quite common, their usefulness can occasionally become...more

Snell & Wilmer

U.S. Supreme Court Finds California Disclosure Requirement Unconstitutional as Infringement on First Amendment Associational...

Snell & Wilmer on

On July 1, 2021, the U.S. Supreme Court issued a 6-3 decision, holding that California’s blanket demand for charities to disclose donor information to the state Attorney General (AG) is facially unconstitutional.2 In addition...more

Proskauer - Tax Talks

The Impact of Americans for Prosperity Foundation v. Bonta on Donor Disclosure Laws

Proskauer - Tax Talks on

On July 1, 2021, the Supreme Court struck down a California donor-disclosure law as facially unconstitutional in its decision in Americans for Prosperity Foundation v. Bonta. The law required nonprofits operating or...more

Wiley Rein LLP

Supreme Court Reaffirms First Amendment Protection For Associational Privacy

Wiley Rein LLP on

In one of its final decisions of its recent term, the U.S. Supreme Court strongly reaffirmed heightened First Amendment protection for associational privacy. The Court ruled (6-3) that government-mandated disclosure of the...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Invalidates California Schedule B Disclosure Law

On July 1, the Supreme Court issued a major decision concerning nonprofit donor disclosure laws and the First Amendment. In Americans for Prosperity Foundation v. Bonta, No. 19-251, the Court held that a California law...more

Wiley Rein LLP

Political Privacy Update: Supreme Court to Hear Two Donor Privacy Cases From California

Wiley Rein LLP on

On January 8, the U.S. Supreme Court granted certiorari in two donor privacy challenges to California’s compulsory donor disclosure for nonprofit organizations. The first is Americans for Prosperity Foundation v. Xavier...more

Lathrop GPM

Borrowing from the Future? Tapping Restricted and Endowment Funds in a Down Economy

Lathrop GPM on

As the effects of COVID-19 on the economy and our societal needs present challenges to nearly every nonprofit organization, some organizations are considering how their endowment and other restricted funds may be deployed to...more

Nilan Johnson Lewis PA

Can Donors Control How A Charitable Endowment is Used? MN Court of Appeals Concludes No

Nilan Johnson Lewis PA on

A recent Minnesota Court of Appeals decision affirmed that funds like endowment funds, held by charitable organizations, will generally be considered gifts and not contracts. Case Background - In 2004 and 2008, Mr....more

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