Nonprofits & Tax-Exempt Organizations

Our clients have the benefit of working directly with former high-ranking government officials who were instrumental in developing key aspects of the modern nonprofit regulatory framework, including the Internal Revenue Service’s excess benefit/executive compensation regulations known as “intermediate sanctions,” New York’s Nonprofit Revitalization Act and key sections of New York’s statute governing endowment spending.

We advise clients in the following key areas:

• Executive compensation
• Excess benefit transactions
• Private foundation laws
• Cause-related marketing
• Grant-making and fundraising
• Advertising and sponsorships
• Social media
• Celebrity philanthropy
• Nonprofit revitalization act compliance
• Conflicts of interest/related party transactions
• Corporate governance
• Fiduciary responsibilities
• Unrelated business income tax
• Formation and tax exemption
• Tax compliance for nonprofit hospitals, colleges and universities
• Lobbying and political activities by charities and nonprofits
• Issue advocacy/social welfare groups

We provide our clients with the regulatory insight they need when they need it most. Our team’s fluency with IRS and attorney general processes and personnel, and well-earned credibility with regulators, enables us to help our nonprofit clients navigate the complicated legal, business and reputational challenges from a full range of potential government inquiries, including:

• IRS audits and investigations
• State attorney general investigations
• Federal and state criminal investigations
• Government fiscal and programmatic audits
• Congressional inquiries

Our lawyers also have extensive experience conducting internal investigations to assess compliance with fiduciary duties as well as allegations of misconduct and potential exposure.

We know that nonprofits are not static entities, but must evolve to meet marketplace challenges. Our team has extensive experience advising tax-exempt organizations on the legal and tax aspects of nonprofit transactions, including:

• Acquisitions and sales of assets, including real property transactions
• Corporate restructurings
• Formation of partnerships, joint ventures and public benefit and limited liability corporations
• Mergers and consolidations among exempt organizations
• Program-related investments
• Complex financing arrangements

Our lawyers also regularly structure and negotiate high-profile integrations and strategic alliances between charitable organizations and for-profit companies, including corporate sponsorships; cause marketing/commercial co-ventures; and services, merchandising and licensing agreements. In addition, we counsel nonprofits on the protection, enforcement and management of their intellectual property rights.

Given our firm’s long history serving the entertainment sectors, we have a particular depth of experience advising foundations and charitable organizations on dealings with artists, celebrities and other media personalities, as well as providing counsel to celebrity clients in connection with their philanthropic endeavors.

With our deep regulatory knowledge and experience, we are also uniquely positioned to help clients navigate applicable government regulations and the process of obtaining court and attorney general approval for transactions when required.

Business ventures fail. Relationships sour. Employees sue. Intellectual property rights are violated. When a nonprofit has to protect or defend its interests, Loeb & Loeb’s team of world-class litigators and counselors provide the legal and practical guidance needed. Our lawyers’ unparalleled nonprofit acumen enables us to provide strategic advice on the unique challenges and risks that accompany nonprofit litigation. We work with our clients to consider alternatives to litigation and develop paths for resolution. When litigation is the only option, we have the knowledge and experience to achieve the best possible results.