SECTORS WE SERVE
Many of our clients are public charities, including direct service charities offering a wide range of social services and active fundraising teams. Public charities enjoy significant tax advantages and so are subject to scrutiny by regulators and the general public. We are sensitive to your organization’s needs and particular business model, and we strive to provide cost-efficient technical legal support for operational entities with large staffs. We often serve as outside General Counsel, advising on all legal matters applicable to a large operational charity, including supervising outside counsel as needed, and we are also happy serving on a team as technical co-counsel with a focus in complex corporate, federal tax, or real estate matters.
Private foundations are more highly regulated under federal law than public charities, due to the limited number of donors that may be available to supervise a private foundation. We focus our practice in the private foundation federal tax rules and focus our practice on navigating the complex excise tax regimes to best protect our private foundation clients and the fiduciaries serving them.
Our clients include Community Foundations who are working to benefit a particular geographic community. We advise on the operation of donor advised funds as well as the fundraising and governance support that community foundations often like to offer their grantees. We also advise on a range of fiscal sponsorship structures, which allow an existing charity to extend its tax-exempt status to a particular approved project within that charity's same mission area.
As they are governed by entirely different statutes, charitable trusts have very different legal needs from corporate entities. Although we do not conduct full estate planning, we frequently work collaboratively with estate planning co-counsel to advise on the philanthropic and technical tax-exempt aspects of an estate plan. We frequently represent large fiduciaries, who are administering a portfolio of charitable trusts, on the most technical tax and trust issues. We often advise Trustees of charitable trusts on various areas.
Donor-Advised Funds &
Donor-advised Funds (DAFs) are at the leading edge of growth in the tax-exempt sector. DAFs allow a donor to leverage the professional skill set of a sophisticated fiduciary to supervise donated funds while the donor or other advisor continues to weigh in on the management and charitable use of those funds. DAFs are a target for increased regulation due to their incredible recent growth and ongoing appeal to donors of different means. Much like private foundation excise taxes, DAF excise taxes are fundamental to our practice and guide our exempt organization work. We have assisted numerous national sponsoring organizations launch a DAF program or launch an illiquid asset giving program that funds DAFs, and we advise on a wide range of different types of illiquid asset gifts and donation agreements and side letters.
Trade Organizations &
Key forces in the tax-exempt sector, trade organizations and business leagues create opportunity and facilitate business for their members. We are privileged to work with our 501(c)(6) clients to support American entrepreneurialism. As an independent, boutique (small) business, we understand the struggles of day to day business and the impact a convener or supporter like a trade organization can have on one company’s success. Our lawyers assist trade organizations with their unique tax-exempt compliance and governance needs as well as related complex finance and contract matters, especially working among many different entities within one corporate structure.