Author: "Legal Liability Risk Management," ASAE Handbook of Professional Practices in Association Management (4th edition, 2021)
Co-Author: "
Legal Issues for Meetings: Lessons Learned and Planning Ahead" (April 5, 2021)
Co-Author: "DC Court of Appeals Affirms District Court Decision Requiring Expanded FEC Donor Disclosure for Independent Expenditures by Section 501(c) Organizations" (August 24, 2020)
Co-Author: "Good Counsel: 5 Lobbying Compliance Tips for 2019," Associations Now (February 2019)
Author: "Get Ready to Renew Your DC Tax Exemptions" (January 15, 2019)
Co-Author: "DC Federal District Court Voids FEC Independent Expenditure Reporting Rule - Expands Donor Disclosure" (August 17, 2018)
Co-Author: "Stand Up and Be Heard in an Election Year" (August 17, 2018)
Co-Author: "IRS Ignites Political Firestorm by Eliminating the Requirement for Most Nonprofit Organizations to Submit Confidential Donor Information to the IRS" (July 27, 2018)
Author: "Be Prepared for When Meetings Go Wrong," ASAE (April 2, 2018)
Author: "Managing and Insuring Your Biggest Risks," Association TRENDS (November 28, 2017)
Presenter: "Managing Meetings Gone Wrong – Keep Calm and Meeting On!" Marriott Association Masters Conference 2017 (June 1, 2017)
Co-Author: "The Age of Agile Advocacy for Associations," Associations Now (April 10, 2017)
Author: "On the Horizon in 2017: Are Political Spending Restrictions on Section 501(c)(3) Organizations Going Away?" (March 29, 2017)
Presenter: "It’s Fun Until Something Goes Wrong: Know your event liability," Webinar, Associated TRENDS (November 29, 2016)
Co-Author: "The 2016 Elections and Beyond - Last Minute Opportunities and Compliance Challenges Ahead" (October 26, 2016)
Co-Author: "Our CEO Wants to Host a Candidate Fundraiser: What Are the Risks?" (August 4, 2016)
Presenter: “Meetings Gone Wrong: Ripped From the Headlines," Marriott Masters Conference (June 3-4, 2016)
Author: "Form 990-Schedule B: Can states demand your confidential donor information - even if they do not need and cannot protect this information?" Association TRENDS (May-June 2016)
Presenter: “Mission Impossible -- Rogue Chapters,” ASAE Webinar (March 16, 2016)
Co-Author: "Top 5 Political Law Compliance Tips for 2016" (January 19, 2016)
Author: "Politically Active and Legally Compliant: An Election Year Primer for Independent Schools" (September 12, 2012)
Author: "Anonymous Donations Can Remain Secret Despite IRS's Requirement for Disclosure" (July 25, 2012)
ARTICLES
October 28, 2022
The law provides professional and industry associations the ability to serve as a forum for cooperation among competitors where that cooperation benefits the public. But associations need to be very careful in structuring the form and nature of their cooperative efforts. Antitrust regulators and private plaintiffs have not hesitated to step in and challenge the actions of associations, when association activities are perceived as interfering with competition. The courts also have eroded some traditional immunities and protections against antitrust claims.
December 13, 2021
Just when some groups are feeling it is reasonably safe and practical to resume in-person meetings, the arrival of the Delta, Omicron and other variants likely to follow has greatly complicated meeting safety and risk management challenges. Like the super spreader conferences that heralded the beginning of the pandemic in early 2020, last week there was widespread news that an attendee at a recent 3-day Anime convention in New York City tested positive for Omicron after returning home to Minnesota. As of December 3, about half of the man’s 35 friends he met up with at the conference have also tested positive for COVID (although it was not yet known if any had the Omicron variant). In addition to notification and contact tracing, state health officials have urged all 53,000 attendees to get tested, particularly those developing any symptoms. Although extreme, these actions set a high bar for what notice requirements might be expected for other groups in the future.
August 16, 2021
In
Americans for Prosperity Foundation vs. Bonta, two tax-exempt charities recently prevailed in their decade long fight to protect the identities of their major donors from state disclosure requirements. At issue was the requirement for nonprofits who want to engage in fundraising to provide California with their
confidential taxpayer versions of IRS Form 990, Schedule B, which include donor names that are not subject to public disclosure. Even though the state pledged confidentiality – a promise not always kept in the past – the United States Supreme Court concluded that this California requirement was unconstitutional.
April 5, 2021
As the pandemic begins to wane, associations and their members are eager to get back to in-person conferences. But organizations should heed the lessons of 2020 as they look ahead to future venue contracts and other legal issues related to meetings and events.
August 24, 2020
On August 21, 2020, the US Court of Appeals for the District of Columbia affirmed a 2018 US District Court decision holding that the FEC’s independent expenditure (“IE”) disclosure rule was contrary to law.
April 15, 2020
Business losses are mounting from COVID-19 precautions, including from shuttering your premises as a public health precaution or in response to a shutdown order. Particularly for public-facing brick and mortar operations, alternative means to sustain revenue can be deficient or even non-existent.
March 9, 2020
Spring and summer are the primary months for many associations to hold their annual meetings and special conferences. For many associations, this single event is their largest source of non-dues revenue. It can be a disaster if the event is curtailed or cancelled.
March 1, 2019
It’s not if, but when: Events beyond your control will disrupt your meeting. To minimize your association’s risk, be sure your contracts and insurance are in order, and take practical steps to fend off preventable problems.
February 2019
Run down this checklist of lobbying compliance tips before you begin this year’s advocacy activities.
January 15, 2019
The District of Columbia has established a new requirement for nonprofit organizations to renew their DC tax exemptions every five years. If you received an exemption in 2014 or an earlier year, you can expect to receive a renewal notice in 2019 if you have not received one already.
August 17, 2018
In an opinion released on August 3rd, US District Court Judge Beryl Howell greatly expanded the FEC donor disclosure reporting requirements for independent groups – like Section 501(4) and 501(c)(6) organizations – that sponsor independent expenditures and other candidate advocacy communications. The court delayed the implementation of its ruling for 45 days to give the FEC time to draft interim rules.
August 17, 2018
Nonprofit organizations are often overly cautious in speaking out about their causes and interacting with candidates in election years for fear of violating a complex set of laws and rules. You can and should participate in the election-year conversation. Here’s how.
July 27, 2018
On July 16, 2018, the IRS announced that it has eliminated the requirement for most nonprofit organizations to provide confidential donor information to the IRS on Schedule B to their annual IRS Form 990. Although limited in scope and with no impact on public transparency, the change has significant political ramifications and has ignited a firestorm of support and condemnation across the political spectrum. This includes a partisan Senate Finance Committee vote and delay in the Senate confirmation vote on the new IRS Commissioner.
November 28, 2017
Most people are surprised to learn that one of the biggest risks for claims against associations involve employment practices. These range from the initial hiring decision to the final termination of employment, and include everything in between. These risks need to be identified and managed. Insurance coverage also is needed to protect against possible claims.
April 10, 2017
A recent article in Associations Now features DC-based political Law partners Jim Kahl and Jeff Altman. “Whether you see an opportunity to advance your agenda or a need to defend members’ interests, it’s wise to reexamine your government relations strategy right now,” says Kahl. “What we know now is that a Republican majority means organizations need to be ready to respond to bills immediately,” says Altman. “With the new Congress, legislation will be passed very quickly.”
March 29, 2017
2017 is sure to bring more changes on the political law front. In February, President Trump repeated his support for overturning the “Johnson Amendment” – a long-standing provision in the tax code that strictly prohibits churches and other Section 501(c)(3) charitable organizations from engaging in any political campaign activities. If the law is changed, individuals and organizations may be able to support entities engaging in political speech with tax deductible deductions. At the same time, the administration is also considering an executive order to loosen political restriction on churches. These changes could make religious organizations new vehicles for supporting and opposing candidates in 2018 and beyond.
October 26, 2016
The final weeks of the 2016 election season continue to offer unique opportunities to drive interest and support for your industry, profession or cause. Whatever your tax status, you have a constitutionally protected right to conduct a wide range of educational, issue advocacy and lobbying activities in order to engage your members, donors, the general public, policy makers, and candidates. Trade associations and social welfare organizations can do much more to help elect their preferred candidates. Although compliance with tax, election, ethics and lobbying laws can be challenging, they also offer opportunities, not obstacles, to generate interest and support for your public policy goals in these final days of the 2016 election season and beyond.
August 4, 2016
Every election year, corporations, associations, their PACs, and their leaders are asked to host or participate in fundraising events for federal candidates. All incorporated entities – corporations, trade associations, or advocacy organizations – are barred from making contributions (monetary or in-kind) to any candidate for federal office. As we enter the heart of the 2016 election year, corporation and association leaders must make sure that their organizations know the rules for participating in federal fundraising events or risk significant monetary penalties and adverse publicity.
July 27, 2016
In the case of California, a federal judge recently ruled NO! The Court held that requiring nonprofits to file their confidential Schedule B donor information in order to register to solicit contributions unduly burdened First Amendment rights and was unconstitutional “as-applied” to the organization that challenged this requirement.
January 19, 2016
Another election year is upon us, and once again federal and state candidates are on track to raise and spend unprecedented sums for their election efforts. That means corporations, trade associations, 501(c)(4) advocacy organizations, their political action committees (“PACs”), leaders, members and donors will be inundated with political contribution requests. They may also be asked to help candidates and political parties in other ways, such as hosting fundraisers or providing in-kind contributions of goods or services.
July 25, 2012
Jeff Altman was quoted in an article in the BNA Daily Tax Report, July 25, 2012, on the rules governing when the names of donors to 501(c)(4) organizations must be disclosed:
"If a 501(c)(4) is talking to a potential donor about how to structure a contribution so it can be listed as anonymous or coming from another source, the organization probably already knows too much to avoid listing the donor," Jeffrey Altman, an attorney with Whiteford Taylor Preston in Washington, said July 24.
NEWSLETTERS
November 8, 2022
What You Need To know About the FEC's Prior Approval Rule
Protecting Against Increased Antitrust Risks in a More Aggressive Enforcement and LItigation Environment
O-1 Visa Issues
State Mandated Retirement Plans
Attorney Spotlight-Mark Franco
December 14, 2021
Update Concerning Meetings and Related Issues in Light of COVID Variants and the Anime Convention
Retirement Plan Update: What Plan Sponsors Are Seeing and What is Coming
ESG Investing – Was Sort of Allowed, Was Disallowed, Now Allowed Again?
Meet the Team: Attorney Spotlight on Eileen Morgan Johnson
August 23, 2021
Supreme Court Strikes Down California Donor Disclosure Requirement - Confirms Broad Protection for Anonymity and First Amendment Associational Rights
The Party Must Go On: Ipso Facto Provisions in Event Contracts
Meet the Team - Stephen Schaefer
May 26, 2021
Celebrating Asian American Pacific Islander Heritage Month
Unexpected Tax Consequences of Remote Workers
Association Community in the Age of COVID
Legal Issues for Meetings: Lessons Learned and Planning Ahead
Meet the Team - Dorothy Deng
Can Your Association Adopt a COVID-19 Vaccine Requirement?
"Ask Us Anything!" Series - Upcoming Programs
