8:30 am Oversight of Charitable Entities by the Attorney General
Daniel Russell, Nebraska Attorney General’s Office; Meghan E. Stoppel, Nebraska Attorney General’s Office
This session will provide an overview of the Attorney General Office’s responsibility for oversight of charitable entities, highlighting best practices for the governance of nonprofit corporations and charitable trustees. This session will discuss the Best Practices for a Nonprofit Organization released by the Attorney General earlier this year and lessons learned from the Goodwill investigation. The presentation will go over the common types of complaints the Attorney General receives, the type of notices the Attorney General must receive, and the powers of the Attorney General to correct wrongdoing.
9:30 am An Exploration of the Best Practices of Nonprofit Gift Acceptance Policies
Matt Darling, Vice President of Donor Services, Omaha Community Foundation; Howard Epstein, Executive Director, The JewishFederation of Omaha Foundation
The presentation will include a discussion about the reasons and purposes for a comprehensive gift acceptance policy, proper gift valuation procedures, best practices for gift acknowledgement, and various tax and legal considerations, including applicable Treasury Regulations, Internal Revenue Codes and Revenue Rulings. Subjects to be discussed include charitable gift annuities, the tax, legal, and practical factors to consider when determining whether or not to accept gifts of real estate, insurance policies, securities, artwork and other tangible personal property, digital currencies and other unique gifts, and situations in which a qualified appraisal is required.
10:30 am Break
10:45 am Teaming Up: Nonprofit Mergers, Alliances and Joint Ventures
Stephanie A. Mattoon, Baird Holm, LLP
When nonprofit organizations combine resources, they can strengthen their mission while reducing costs, but there are hurdles to clear and pitfalls to avoid. Learn what nonprofit leadership needs to consider for a merger, alliance or joint venture with another nonprofit. The presenter will address fealty to mission, structure, legal requirements, risks, documentation, tax exempt status considerations, conflicts, and the importance of properly framing the transaction.
11:45 am Why Should a Nebraska Nonprofit Care? The Ins and Outs of GDPR (General Data Protection Regulation)
Stacey Shadden, McGrath North Mullin & Kratz, PC LLO
Data privacy has become a prime focus of many nations as they seek to protect the privacy of their individual residents’ personal data. GDPR became effective on May 25, 2018, and has been adopted by the member countries of the European Union and European Economic Area. GDPR was enacted to protect the data and privacy of individuals within the member countries, regardless of where those residents are physically located, and make it easier for their residents to understand how their personal data is being collected and used. This presentation will provide an overview of GDPR and whether (and to what extent) GDPR applies to nonprofit organizations, regardless of their apparent lack of connection to GDPR countries. This presentation will also outline the steps for compliance with GDPR, including an analysis of the potential exceptions applicable to small organizations, and the very impactful penalties associated with non-compliance.
12:15 pm Lunch (included with registration)
1:00 pm Financial Oversight in Non-Profit Organizations: Key Responsibilities, Issues and Potential Pitfalls for Directors, Officers and Finance Committees
Jerry M. O’Doherty, CPA, CGMA, Seim Johnson LLP; Jon Grob, McGrath North Mullin & Kratz, PC LLO; Tom Worthington, McGrath North Mullin & Kratz, PC LLO
This session will review and discuss the basics of financial statements and reporting in non-profit organizations, including common legal, accounting and other issues and questions relating to preparation, review and analysis of the same. Attendees of the session will also learn about the corresponding oversight and verification roles that directors, officers and finance committees serve in connection with financial matters, and when questions or concerns should be escalated. This session will also include a discussion on other common legal issues relating to financial oversight in non-profit organizations, including conflicts of interest, charitable gaming regulations, foreign qualification and tax filing requirements and unrelated business taxable income.
2:30 pm Break
2:45 pm Penn State Scandal: What It Can Tell Us About Attorney-Client Privilege, An Organization as Your Client, and the Role of a Nonprofit Board of Directors
Joel Pedersen, Baird Holm LLP
The Freeh Report addresses the failures of Pennsylvania State University to deal with former Penn State football coach Jerry Sandusky. This incident like few others focuses on the professional responsibility issues of lawyers as it relates to lawyers who represent complex client organizations. Through an analysis of examples from the Penn State case, including a case study of a minority of the Penn State Board of Trustees suing their own board for access to the privileged “Freeh materials,” and the relevant case law and ethics rules, this session will show lawyers how similar circumstances might play out in a nonprofit setting where the lawyer may be representing a nonprofit, an employee of a nonprofit organization or serving on a nonprofit board.
3:45 pm Adjourn