Foley Hoag - Nonprofit

Wed, 12 Sep 2007 21:02:33 EDT

Securing federal income and excise tax exemptions, as well as state and local property tax exemptions

Wed, 12 Sep 2007 21:02:33 EDT

Structuring controlled entities or companion and supporting for-profit enterprises, and advising on potential unrelated business income tax consequences

Wed, 12 Sep 2007 21:02:33 EDT

Monitoring program-related investments and consulting on the advisability of prospective income-producing investments, as well as the proper characterization of such investments for federal income tax and other purposes

Wed, 12 Sep 2007 21:02:33 EDT

Structuring and securing advance Internal Revenue Service (IRS) approval of pooled insurance funds for groups of governmental authorities, educational institutions and public nonprofit entities

Wed, 12 Sep 2007 21:02:33 EDT

Advising on relationships, including executive and other compensation issues, which could jeopardize tax-exempt status

Wed, 12 Sep 2007 21:02:33 EDT

Forming and structuring affiliates at the national, regional and local levels, and assisting in the development of nonprofit programs administered on a group basis. This includes consolidated applications for tax-exempt status for the group.

Wed, 12 Sep 2007 21:02:33 EDT

Advising on the development, construction, acquisition and financing of headquarters buildings and other office facilities for nonprofit organizations. We also help our clients with leasing and subleasing arrangements.

Wed, 12 Sep 2007 21:02:33 EDT

Obtaining required licenses, permits and certificates, including certificates of need, to enable our clients to operate in compliance with state and local rules and regulations

Wed, 12 Sep 2007 21:02:33 EDT

Advising with respect to fiduciary obligations undertaken by the directors and officers of nonprofit organizations and structuring appropriate indemnification and insurance protections

Wed, 12 Sep 2007 21:02:33 EDT

Representing nonprofit organizations before the IRS regarding audits and other investigations of our client organizations’ activities

Wed, 12 Sep 2007 21:02:33 EDT

Representing nonprofit organizations before federal, state and local courts, as well as administrative challenges and governmental assessments

Wed, 12 Sep 2007 21:02:33 EDT

Advising on applicable federal, state and local disclosure requirements and fund-raising limitations

Wed, 12 Sep 2007 21:02:33 EDT

Advising nonprofits concerning the use and administration of charitable bequests and donations

Wed, 12 Sep 2007 21:02:33 EDT

Outlining the advantages and disadvantages of public charity versus private foundation status, including analysis of the applicable public-support requirements and restraints on political involvement and lobbying

Human Rights Campaign Releases Corporate Equality Index, Names Foley Hoag Among Top Firms for Second Consecutive Year

Fri, 13 Mar 2009 12:36:22 EDT

The Human Rights Campaign Foundation, the educational arm of the Human Rights Campaign, released its 2008 Corporate Equality Index ranking Foley Hoag LLP among the nation’s top employers for the gay, lesbian, bisexual and transgender employees, consumers and investors.

Foley Hoag Joins American Lawyer's Select Group of Top 50 A-List Firms

Tue, 03 Nov 2009 14:48:13 EDT

The American Lawyer named Foley Hoag LLP to its annual “A-List” of the country’s 50 elite law firms that are "best at balancing a thriving business with their obligations to the profession." Inclusion in the A-List is based not only on economic success but also on success in furthering diversity, pro bono work, and associate satisfaction.

Foley Hoag Lawyers Included in Massachusetts Super Lawyers 2006

Mon, 06 Apr 2009 10:43:42 EDT

Forty-three lawyers at Foley Hoag LLP were recently named to the Massachusetts Super Lawyers 2006 list. In addition, three partners - Seth Jaffe, Michael Keating, and Nicholas Theodorou - were included in the "Top 100" list. Lisa Wood, also a Foley Hoag partner, appears on the "Top 50 Women" list.

On the Agenda: Law and the Environment, Financing Growth, and Non-Competes—Foley Hoag Launches Three New Blogs

Tue, 03 Nov 2009 14:48:13 EDT

Today Foley Hoag LLP is pleased to announce the launch of three new blogs, designed and created as a forum to discuss pressing issues in today’s marketplace. The firm is pleased to present the Law and the Environment Blog, the Massachusetts Noncompete Law Blog, and the Emerging Enterprise Center Blog.

The blogs are primarily managed by three Foley Hoag partners, Seth Jaffe, Mike Rosen, and Dave Broadwin, respectively, and grown out of conversations addressing some of the most pressing issues of the day.

The blogs are available at:

Emerging Enterprise Center Blog - http://www.emergingenterprisecenterblog.com
Law and the Environment - http://www.lawandenvironment.com
Massachusetts Noncompete Law - http://www.massachusettsnoncompetelaw.com

Foley Hoag Congratulates Rising Stars

Wed, 26 Sep 2007 16:48:53 EDT

Foley Hoag congratulates 29 lawyers in the firm who were recently named to the 2007 list of Massachusetts Super Lawyers: Rising Stars. Rising Stars are lawyers in practice up to ten years and/or under 40 years of age. The group is nominated by the current roster of Massachusetts Super Lawyers and then voted on by the publishers of Law & Politics.

Greater Boston Legal Services Honors Foley Hoag

Thu, 10 Jul 2008 17:04:41 EDT

Foley Hoag was honored yesterday for its annual work on the Greater Boston Legal Services (GBLS) Associates Drive, a longstanding fundraising program of the organization. The firm was one of 35 participants, and received the top honor of “Largest Donation.”

Victim Rights Law Center Recognizes "Shining Stars"

Fri, 26 Oct 2007 11:06:07 EDT

Victim Rights Law Center will recognize three honorees for their efforts on behalf of sexual assault victims at its annual "Shining Star" Awards reception. The reception will take place on June 7 at the law offices of Goulston & Storrs. Those being honored include Diane Moyer of the Pennsylvania Coalition Against Rape (PCAR), advocate and attorney for Native American sexual assault survivors Sarah Deer, and attorney Rebecca Cazabon of Foley Hoag LLP.

Cramer Completes Launch of FoleyHoag.com

Fri, 16 Nov 2007 11:11:30 EDT

The original version of this release is available here: http://www.crameronline.com/news/10302007.html

Cramer, a digital marketing and event solutions agency, announced today that the company has completed the reintroduction of Foley Hoag’s web site, www.foleyhoag.com. The new site supplements Foley Hoag’s recently launched identity and advertising campaign, featuring the tagline “Driving Business Advantage.” The cross-media campaign expands the firm’s brand by highlighting Foley Hoag’s expertise in a number of key legal practice areas including dispute resolution and intellectual property, as well as depth in the life sciences and technology industries.

Working Mother and Flex-Time Lawyers Recognize Foley Hoag

Tue, 03 Nov 2009 14:48:17 EDT

Working Mother magazine, a leading source of information for career-oriented mothers, and Flex-Time Lawyers LLC, a national consulting firm advising attorneys and legal employers on work/life balance, have included Foley Hoag LLP in the prestigious list of the 50 “Best Law Firms for Women.”

Cynthia Lewiton Jackson, Former Global Director of Career Development at Bain & Company, Joins Foley Hoag

Tue, 27 Jan 2009 09:34:23 EDT

Cynthia Lewiton Jackson, former Global Director of Career Development at Bain & Company, has joined the law firm Foley Hoag LLP as its first Director of Professional Development. In this role, Ms. Jackson will be responsible for developing and implementing a firmwide career development program for its lawyers and staff.

Foley Hoag Partner Dean Richlin Admitted to American College of Trial Lawyers

Wed, 15 Oct 2008 12:59:09 EDT

Foley Hoag LLP congratulates Dean Richlin, Partner and Co-Chair of the Litigation Department, for becoming a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.

Foley Hoag Launches New Identity and Integrated Marketing Campaign

Sat, 22 Sep 2007 15:17:14 EDT

Law firm Foley Hoag LLP has introduced an ambitious new identity and advertising campaign, highlighting its leading dispute resolution and intellectual property practices and its depth in life sciences and technology. Featuring the tagline “Driving Business Advantage,” Foley Hoag’s new platform is designed to bypass conventional law firm messaging to address client demands from their legal advisors for fresh thinking and a keen understanding of client business needs.

The creative centerpiece of the campaign is a series of ads featuring images by noted fashion photographer Rodney Smith, whose work has appeared in New York Magazine and The New York Times Magazine. Instead of touting case wins or deals completed, the ads – comprised of arresting black-and-white images of formally dressed men and women in unlikely settings – are meant to provoke business people to stop and consider how they view big-picture challenges and plot their paths to success.

Foley Hoag Selected as one of 2008 Top 100 Law Firms for Diversity

Tue, 03 Nov 2009 14:48:15 EDT

Multicultural Law addresses diversity in the legal profession by encompassing power, leadership, and integrity. Multicultural Law is a breath of fresh air for the legal community. Our readers are accomplished lawyers in need of advice, information, and motivation that Multicultural Law provides.

Multicultural Law is in its third year and has a circulation of over 40,000 professionals in the legal community. Distribution includes a variety of legal organizations, such as the National Bar Association, National Asian Pacific American Bar Association, and the National Hispanic Bar Association. Multicultural Law is mailed to every fortune 500 and 1000 General Counsel Office and ABA Accredited Law School Career Office.

An alphabetical listing of The Top 100 Law Firms for Diversity is available at www.multiculturallaw.com.

Now’s the Time:
Foley Hoag Forms Economic Crisis Team

Fri, 13 Mar 2009 17:33:55 EDT

Stepping up on behalf of clients buffeted by the ongoing financial crisis, law firm Foley Hoag has formed an Economic Crisis Team, comprised of lawyers from multiple practices focused on helping companies cope with the fast-changing landscape – from internal investigations and enforcement proceedings, to increased regulatory compliance, securities and other types of litigation, bankruptcies and restructurings, as well as emergency financing and deal-making.

Foley Hoag Selected as one of 2007 Top 100 Law Firms for Diversity

Wed, 26 Sep 2007 16:48:52 EDT

Foley Hoag LLP has been selected as one of Multicultural Law’s 2007 Top 100 Law Firms for Diversity.

Nonprofit Update - May 1, 2006

Mon, 20 Jul 2009 11:15:23 EDT

Governor Romney recently signed a new law that subjects nonprofit corporations for the first time to Massachusetts tax on their unrelated business income. Until now, nonprofit corporations exempt from federal income tax under section 501 of the Internal Revenue Code enjoyed blanket exemption from the Massachusetts corporation excise, even for income subject to the federal unrelated business income tax.

Funding opportunities in the American Recovery and Reinvestment Act of 2009 and the Serve America Act

Mon, 21 Dec 2009 17:01:13 EDT

Two recent laws, the American Recovery and Reinvestment Act of 2009 (“ARRA,” commonly known as the stimulus package) and the Edward M. Kennedy Serve America Act, provide funding opportunities for nonprofits and social entrepreneurs to expand their services and accommodate additional volunteers. Organizations can apply for ARRA funds immediately. While funding for the Serve America Act will depend upon the 2010 federal budget, organizations may wish to assess their needs now in anticipation of the Act going into effect on October 1, 2009.

Doing Business in Massachusetts

Wed, 17 Mar 2010 16:34:47 EDT

This guide is intended to provide foreign businesspeople with an introduction to the basic kinds of laws and regulations that affect the conduct of business in the United States, and particularly in the Commonwealth of Massachusetts. The level of detail is varied, reflecting the nature of the legal areas discussed. For example, environmental law and taxation are subjects of detailed and technical regulation, while labor relations are governed as much by custom and practice as by direct regulation.

Massachusetts and Federal Statutory Limitations on Liability for Charitable Organizations and their Directors or Trustees, Employees and Volunteers

Fri, 31 Jul 2009 15:39:34 EDT

In Massachusetts, charitable corporations, trusts and associations are not liable for more than $20,000 in damages for injuries (“torts”) caused by the organization while engaging in charitable activities. An organization will be categorized as charitable if “the dominant purpose of its work is for the public good.” Its activities will be characterized as charitable if they contribute directly to its charitable purposes. (more...)

Win Some, Lose Some

Fri, 21 Sep 2007 10:59:37 EDT

Last Friday, President George W. Bush signed into law the American Jobs Creation Act of 2004. The centerpiece of the legislation is the repeal of the extraterritorial income exclusion tax incentive for U.S. exporters. The extraterritorial income exclusion was the most recent U.S. tax incentive to be declared an illegal export subsidy by the World Trade Organization at the urging of the Western European governments.

Spotlight on Executive Compensation

Wed, 26 May 2010 13:00:15 EDT

Regulators continue to challenge executive compensation paid by nonprofit organizations. Indeed, even the commercial sector saw an outcry against executive compensation levels in the context of the recent bank bailout program, resulting in some limitations. State regulators are questioning the amount of compensation paid to nonprofit executives and the governing boards’ methods of setting the compensation. Recent examples in Maryland, Massachusetts, and New Jersey illustrate their displeasure and willingness to charge nonprofit organizations with a failure to properly justify compensation levels and poor governance practices. On occasion, the regulators discount reliance on comparability data - a key component in the IRS “rebuttable presumption” procedures for determining reasonable compensation. Through the questions addressing executive compensation on the revised Form 990 and recent compliance initiatives in the healthcare and education sectors, the IRS has also signaled its concerns about executive compensation.

Massachusetts Form PC: Notice of Increase in Minimum Threshold for Reviewed Financial Statements

Wed, 31 Dec 2008 09:05:10 EDT

Most public charities organized, operating or soliciting funds in Massachusetts are required to file Form PC with the Massachusetts Attorney General’s Non-Profit Organizations/Public Charities Division within four and one-half months of the end of each fiscal year. The Form PC requires several attachments, including financial statements for public charities having minimum amounts of gross support and revenue. The Massachusetts legislature increased the minimum threshold for filing such statements from $100,000 to $200,000.

The Foley Hoag Foundation 2007 Annual Report

Fri, 17 Jul 2009 15:59:36 EDT

Established in December 1980 by the partners of law firm Foley Hoag, The Foley Hoag Foundation is a private foundation that seeks to combat racism, especially among youth, in the City of Boston. The Foundation awards grants to organizations working to improve the racial climate in Boston by addressing issues of diversity and racism. Grantee organizations achieve their goals through a variety of means, including arts and cultural activities, youth leadership and recreational programs. Other grantees provide advocacy assistance, enabling individuals to confront racism through legal or political action. Some grantee organizations work to prepare young children to live in the reality of a multicultural society, others engage teens, and a few target a primarily adult constituency.

The Foley Hoag Foundation was the first—and remains the only— foundation to focus exclusively on the improvement of race relations in Boston. The trustees are fortunate to have the unqualified endorsement of Foley Hoag, which has provided an enormous amount of financial, administrative and moral support.

Supreme Judicial Court Clarifies Law on Massachusetts Nonprofit Tax Exempt Status

Wed, 01 Oct 2008 14:24:00 EDT

The Supreme Judicial Court (SJC) recently provided important guidance for determining whether a Massachusetts organization is properly classified as a nonprofit entity for exemption from local property tax.

Uniform Prudent Management of Institutional Funds Act Liberalizes Endowment Spending and Clarifies Investment Standards for Charitable Institutions

Thu, 16 Jul 2009 17:37:34 EDT

Massachusetts recently joined 39 other states and the District of Columbia by enacting a version of the Uniform Prudent Management of Institutional Funds Act (UPMIFA). Most notably, and in contrast to prior law, UPMIFA permits Massachusetts institutions that hold funds exclusively for charitable purposes to tap into endowment funds whose values have depreciated below their “historic dollar values” (i.e., “underwater” endowment funds). The new law, which is effective as of June 30, 2009, also applies to funds held by a trustee for a charitable community trust.

New IRS Annual Information Return Required for Small Tax-Exempt Organizations – Form 990-N (e-Postcard)

Thu, 01 May 2008 17:08:36 EDT

Until now, most small tax-exempt organizations, defined as those with gross receipts of $25,000 or less per year, have not been required to file an annual information return with the Internal Revenue Service (the “IRS”).

However, small tax-exempt organizations must now file an annual electronic information return – the Form 990-N, also known as the e-Postcard. This requirement covers all tax periods beginning after December 31, 2006. The e-Postcard must be filed no later than the 15th day of the 5th month following the end of the organization’s tax year. For example, an organization whose tax year ends December 31 must submit the e-Postcard by the following May 15.

Sarbanes-Oxley

Mon, 02 Nov 2009 14:34:18 EDT

The 2002 Sarbanes-Oxley legislation adopted a series of provisions intended to help protect against the corporate governance abuses of the turn of the century, as exemplified by Enron and WorldCom. Those provisions include: (a) Section 201 – Auditor Independence requirements; (b) Section 301 – Audit Committee qualifications; (c) Section 302 – CEO/CFO Certified Quarterly Reports; (d) Section 404 – Management Assessment of Internal Controls; and (e) Section 406 – Code of Ethics for Senior Financial Officers.

New Massachusetts Pass-Through Entity Withholding Requirements: April 30th Deadline May Apply

Mon, 02 Nov 2009 12:08:32 EDT

Under new regulations effective January 1, 2009, any pass-through entity that maintains an office or engages in business in Massachusetts must withhold tax on a quarterly basis from each member’s share of the entity’s Massachusetts source income, unless either the entity itself is exempt from this requirement or the member timely certifies that it is exempt. This withholding obligation applies regardless of whether the pass-through entity actually makes any distributions to its members.

Labor & Employment Brochure

Mon, 02 Nov 2009 12:08:25 EDT

Providing strategic advice and litigation services to our business clients nationwide

Our long-standing strength in representing employers in labor relations and employment litigation defense issues is complemented by our experience in dealing with the emerging issues confronting employers in the 21st century.

Our goal is to provide pragmatic business advice and a cost-effective approach aimed at helping our clients achieve results – prompting those clients to place our Labor and Employment lawyers at the top of the Chambers USA rankings for four consecutive years.

Topics include:

Labor Law Strategies
Wage and Hour Litigation
Non-Competition Agreements and Related Issues
Employment Discrimination and Harassment Litigation
Wrongful Discharge and Other Disputes
ERISA and Benefi ts-Related Litigation
Business Immigration Services
Preventative Counseling

Tax-Related Renewable Energy Provisions in the Stimulus Act

Mon, 02 Nov 2009 12:08:31 EDT

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the “Act”). The new law is the centerpiece of President Obama’s efforts to create jobs and revive the economy and includes over $787 billion in spending and tax incentives.

In particular, the Act represents a multi-prong approach to stimulating innovation and encouraging investment in the energy and clean technology sectors. It includes new energy-related spending and tax incentives as well as expands existing tax incentives for businesses and individuals. A summary of certain key provisions is provided below.

Ten Commandments: Prudent Activities for the Board of Directors of a Not-For-Profit Corporation

Wed, 16 Jul 2008 10:05:23 EDT

The directors of a not-for-profit corporation are bound by two general types of legal duties:

A duty of care

The duty to perform their responsibilities in good faith, in a manner reasonably believed to be in the best interest of the corporation, and with such care as an ordinarily prudent person would be in similar circumstances; and

A duty of loyalty

The duty to keep the interests of the corporation paramount above personal interests when acting for or on behalf of the corporation.

The following Ten Commandments provide examples of some of the actions a board of directors should take to act in accordance with its legal duties... (continues)

IRS Extends Deadline for Annual Information Report on Foreign Financial Accounts

Thu, 25 Jun 2009 18:05:07 EDT

As a follow up to our June 18, 2009 Foley Adviser, we note that the Internal Revenue Service (the “IRS”) has announced an extension to the previously announced deadline for the Treasury Form TD F 90-22.1 (Report of Foreign Bank and Financial Accounts, commonly known as an “FBAR”) from June 30, 2009 to September 23, 2009 (without penalty) for filers who have paid all taxes and reported all income for 2008.

Recent Massachusetts Supreme Judicial Court Decisions Clarify Several Uncertainties in Chapter 40B Comprehensive Permitting for Affordable Housing

Thu, 17 Jul 2008 10:00:43 EDT

Three recent Massachusetts Supreme Judicial Court (“SJC”) decisions have clarified two areas of uncertainty relative to the Massachusetts Comprehensive Permit Statute, Mass. Gen. Laws Chapter 40B. The SJC has provided much-needed guidance as to (1) when municipalities can challenge Subsidized Housing Inventory (SHI) calculations, and (2) when developers are entitled to challenge comprehensive permit conditions. These decisions are of importance to anyone involved in the development, financing, or permitting of affordable housing projects in Massachusetts.

In two related cases decided on May 27, 2008, the SJC ruled that a municipality must exhaust its administrative remedies before bringing a court action contesting the Department of Housing and Community Development (DHCD)’s calculation of the municipality’s SHI. In the third case, decided on June 10, 2008, the SJC ruled that developers cannot successfully challenge conditions attached by local zoning boards to comprehensive permits unless they can demonstrate that those conditions render the proposed project uneconomic.

Tax and Benefits Alert - November 20, 2007

Tue, 27 Nov 2007 21:36:40 EDT

The I.R.S. recently issued its annual cost-of-living adjustments applicable in 2008 to qualified retirement (pension, profit-sharing, § 401(k), money purchase and stock bonus) plans.

Tips for Planning Reductions in Force

Mon, 02 Nov 2009 12:08:33 EDT

We know that the recent financial crisis and related economic downturn unfortunately are causing many employers to consider ways to reduce operational expenses, including through workforce restructuring and layoffs. We offer a few preliminary considerations: any such reduction-in-force (RIF) must be carefully planned and executed both to minimize exposure to liability under various employment laws and to mitigate negative effects on employee morale and operations. The following are some issues for employers to consider as they grapple with whether and how to implement a layoff.

Questions Include:

Is a Layoff Necessary?
Voluntary or Involuntary Program?
Develop Uniform Selection Criteria
Conduct a Layoff Analysis
Is Advance Notice Required
Severance and ERISA
Asking for a Release
Don't Forget Immigration Implications
Don't Lose Sight of Termination Basics

Attorney General of Massachusetts Announces Initiative on Executive and Director Compensation

Thu, 03 Sep 2009 17:31:25 EDT

The compensation practices of nonprofit organizations in Massachusetts just became subject to increased scrutiny. The Non-Profit Organizations/Public Charities Division of the Office of the Attorney General of Massachusetts announced yesterday that it is turning its attention to compensation paid by health care systems and health care insurers to their executives and directors. Depending on the outcome of its investigation and new reporting requirements, the Division may expand its review to other sectors.

May 15 Deadline for Filing IRS Form 990-N

Wed, 13 May 2009 17:24:26 EDT

As a result of a new requirement first implemented in 2008, tax-exempt organizations with gross receipts of $25,000 or less may be required to file IRS Form 990-N, the “e-Postcard.” The e-Postcard must be filed no later than the 15th day of the fifth month following the end of the organization's tax year. For example, an organization whose tax year ends December 31 must submit the e-Postcard by the following May 15.

Final 409A Deadline Looming: All Deferred Compensation Arrangements Must be in Full Compliance by December 31, 2008

Mon, 20 Jul 2009 11:15:46 EDT

Section 409A is an extremely broad law that covers many arrangements not generally considered deferred compensation, such as stock options, bonus plans, and severance and change in control agreements. In general, 409A governs any arrangement where an employee or consultant has a vested right to compensation in one year that will be paid in a later year, unless the arrangement fits into one of the exemptions to 409A. Arrangements subject to 409A must comply with strict rules as to the time and form of payment, and it is very difficult to make changes to an arrangement once it is in place. Any deferred compensation arrangement that does not comply with 409A will subject the employee or consultant to income tax liability at the time that the right to payment vests (even if there is no right to receive payment at that time), together with a 20% penalty tax on the deferred amount. (continues)

Supreme Judicial Court Extends Anti-Discrimination Laws to Small Businesses

Wed, 29 Oct 2008 12:47:50 EDT

Chapter 151B, the Massachusetts anti-discrimination statute, does not apply to small employers, meaning those with fewer than six employees. However, last Friday, the Massachusetts Supreme Judicial Court (“SJC”) held that an employee may nonetheless sue a small employer for discrimination under the Massachusetts Equal Rights Act. The decision has potential ramifications for all employers -- large or small -- because it suggests that a plaintiff has a claim for discrimination under the Massachusetts Equal Rights Act whenever Chapter 151B does not apply, such as discrimination claims brought by non-employees.

President Obama Extends COBRA Subsidy for Unemployed Workers

Wed, 23 Dec 2009 12:26:42 EDT

On December 21, 2009, President Barack Obama signed into law an extension of the federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 (“ARRA”).

Deadline Approaching for Form 990 Filers

Mon, 10 May 2010 17:05:25 EDT

Organizations that have not filed a Form 990 with the Internal Revenue Service for the past three years risk losing their tax exemption if they do not file the applicable Form 990 by Monday, May 17, 2010. The IRS issued a reminder to this effect on January 21, 2010, stating:

“The Pension Protection Act of 2006 requires that non-profit organizations that do not file a required information form for three consecutive years automatically lose their Federal tax-exempt status. This requirement has been in effect since the beginning of 2007. " [more...]

Economic Crisis Team Datasheet

Mon, 02 Nov 2009 12:07:52 EDT

Foley Hoag LLP’s interdisciplinary team counsels and protects the interests of its clients facing new realities, challenges and risks framed by today’s tumultuous economic and market conditions. By maintaining an active and engaged dialogue with our clients during this period of economic distress, our lawyers are better able to adapt to the changing legal needs of clients affected in the short term. More importantly, our immersion in their businesses and industries enables our lawyers to provide sound, strategic counsel to protect our clients’ interests in the longer term. The Economic Crisis Team delivers forward-thinking advice, focusing on long-standing core, integrated strengths of the firm.

Topics include:

Financial investigations, enforcement proceedings and litigation
Federal and state securities regulation
Deal-making, corporate finance and investment restructuring
Bankruptcy, corporate reorganization and financial disputes

IRS Issues Final Instructions for Redesigned Form 990

Tue, 23 Dec 2008 13:34:30 EDT

The Internal Revenue Service (IRS) has released final instructions for completing the Form 990, the annual information return filed by most non-profit entities, which has undergone its first major redesign in almost 30 years. The new Form 990 will be phased in over three years, starting with fiscal years beginning on or after January 1, 2008. The old Form 990 will not be accepted beginning with the 2008 tax year. Full instructions on the new Form 990 are available on the IRS Web site.

WEST: Cross-Functional Teams

Wed, 04 Nov 2009 13:48:22 EDT

Teams play an increasingly important role in business. Cross-functional teams in particular can help improve the creativity and capacity of the company by involving members from diverse parts of the organization. However building, managing, and becoming effective members of teams presents an array of challenges. This panel discussion will address the characteristics of effective team leaders and members, factors that can derail a team, the rationale for forming cross-functional teams, and the value of participating in cross-functional teams for individuals and the organization.

This event is sponsored by Foley Hoag LLP

Understanding the New Data Security Law

Thu, 13 Nov 2008 12:20:36 EDT

Last year, Massachusetts enacted a comprehensive data security law intended to protect residents from identity theft. While many assumed that the law would be focused on protecting consumers, it broadly covers all businesses with employees in Massachusetts, not just those that collect customer information. Recent regulations impose significant compliance obligations on all employers and require action by the beginning of the year.

Contingency Planning and Safety Response Preparedness in the Non-profit Environment

Fri, 30 Oct 2009 10:39:06 EDT

Having a viable crisis management plan can save lives, prevent injury, and minimize property damage in the moments of a crisis. If you do not have a crisis plan in place, it is important to develop one. If you have one, it's imperative that it be review, practice, and updated. This presentation will provide you with an overview of some of the barriers inherent in developing an effective crisis management plan, as well as, the value of preparation and training of the emergency response team

Business for Social Responsibility (BSR) 2006 Annual Conference

Wed, 12 Sep 2007 21:02:01 EDT

The Business for Social Responsibility (BSR) Annual Conference serves as both a construction site and an exhibition hall for the work of building a more just and sustainable global economy. As a Supporting Sponsor of BSR's 2006 Conference, Foley Hoag's Corporate Social Responsibility Group will interact with other business leaders in the field and provide insight about successfully incorporating CSR into top-level legal strategies to gain a competitive advantage. NGO and public policy leaders from more than 40 countries will be on hand to share what they have accomplished in the last year, as well as the issues and efforts that are affecting leading companies now and in the future.

Inspired Leadership: Women Leading Business into a Brighter Economy

Wed, 25 Feb 2009 13:59:42 EDT

Take a break from the recession to be inspired by the women leading top companies in Massachusetts through the best of times, and the worst of times. Hear the insight of CEOs from The Commonwealth Institute's Annual Top 100 Woman-Led Businesses List who are helping to shape the region's next generation of female executives.

Barbara Hamelburg, Partner at Foley Hoag, will join Trish Karter, CEO of Dancing Deer Baking Company and Kathy Sherbrooke, CEO of Circles, to discuss:

How to be part of a team and continue to be a strong leader
Strategies for delegating responsibilities to balance the workload
The overwhelming value of mentorship
Realistic expectations that keep your team inspired
Lessons learned from past economic slumps

Don't miss this opportunity to take these valuable "lessons learned" and apply them to your own leadership style during these challenging times.

This event is sponsored by Foley Hoag LLP

December 2008 Forum: Expert Panels, Advisory Boards and User Groups - Using Key Opinion Leaders to Help Achieve Business Goals

Fri, 30 Oct 2009 10:39:07 EDT

Market input is a crucial element of success in any business enterprise. From a start-up to a mature operating business, failure to get comprehensive information on market needs, perceptions and trends may quickly bring a promising venture from excitement to frustration. Early stage entrepreneurs are particularly vulnerable for several reasons: convincing data on market segments, target users, decision makers and sales processes are generally a pre-requisite for successful fund raising; obtaining good market intelligence usually requires a financial investment; and finally, because quite often one or more of the company founders, officers or directors are part of the target user population, there is a temptation to skip market research and rely on the personal knowledge or anecdotal information.

TiE: Giving Smart, Getting Impact: New Models of Social Philanthropy

Fri, 30 Oct 2009 10:39:11 EDT

The non-profit sector is the fastest growing industry sector around the world. In 2006, charitable giving in the US was $295 billion, setting a new annual record. Each year, 65% of American families contribute to charity. But, with more than 1.6 million non-profits in the US alone, the non-profit sector is highly fragmented and continues to be faced with unclear metrics of performance / impact. Deciding where and how to give remains a constant challenge for individuals and families committed to philanthropy.

BSR Annual Conference -- San Francisco

Tue, 16 Oct 2007 13:49:42 EDT

Business for Social Responsibility understands that to shape a truly sustainable future for business and society, it is essential to consciously design innovative strategies to get there. A reactive approach, or one focused on isolated best practices, won't deliver the results we want and need. A sustainable future depends on integrated, comprehensive solutions at the ever-changing intersection of business and society.

ACC Annual Update of Critical Developments

Thu, 04 Oct 2007 17:02:37 EDT

The kids' lunchboxes are packed, and their knapsacks full of new supplies. It's time to turn your attention to making sure you're on top of all of the latest developments that affect how you do business. 2007 has been a busy year: Groundbreaking decisions in the litigation arena, continuing regulatory and disclosure guidelines, evolving immigration concerns, and revolutionary developments in the area of patent reform. In-house counsel must continue to be vigilant in making sure that their companies' business practices stay ahead of the curve. So sharpen your pencils and join Foley Hoag and a panel of in-house experts who will review these developments and arm you with the knowledge you need to succeed in 2008 and beyond.

The Foley Hoag Foundation Event to Honor Liz Harris

Thu, 11 Sep 2008 14:19:25 EDT

The Trustees of Foley Hoag Foundation and Mosaic International Incorporated invite you to salute Liz Harris' 22-year commitment to the Foundation and its unique mission.

Art Preview
6:00 – 6:30 p.m.

Presentations & Silent Art Auction
6:30 – 9:00 p.m.

Hors d’oeuvres and cocktails.

Works of art presented by Mosaic International Incorporated.

To MBA or Not To MBA: Pros and Cons of Obtaining a Business Degree

Tue, 29 Apr 2008 09:40:44 EDT

Many in science and technology wonder whether or not they need an MBA to start a business, or how a business degree might advance their careers. This panel discussion features four successful scientists and engineers in business who either got MBAs, or succeeded without them, discussing the pros and cons of their choices.

Northeastern University School of Law's Connections 2009

Mon, 26 Jan 2009 16:44:18 EDT

Foley Hoag is proud to host Northeastern University School of Law's annual networking reception for graduates and current students.

Association of Corporate Counsel (ACC) 2007 Annual Meeting

Wed, 10 Oct 2007 14:39:31 EDT

Foley Hoag is a proud Gold Sponsor of the ACC's 2007 Annual Meeting. Visit our booth #415 on the exhibition floor, and attend sessions featuring Foley Hoag lawyers:

Session 005: Using Plaintiff's Lawyers for High-Stakes Litigation, on Monday, October 29 from 9:00-10:30 a.m. Michael Keating from Foley Hoag will join a panel including Michael Avenatti, Plantiff Lawyer, Eagan, O'Malley & Avenatti; Clint B. Davis, General Counsel, Endocare, Inc.; Jodie Kelley, Vice President and Deputy General Counsel, Fannie Mae; and Michael V. Ward, General Counsel of Kensington Computer Products, ACCO Brands Corporation.
Session 709: Expanding Your Influence: Not Your Father's (or Mother's) GC Role, on Tuesday, October 30 from 4:30-6:00 p.m. This program will be moderated by Foley Hoag Co-Managing Partner Michele Whitham, with panelists including Ellen Chiniara, General Counsel at Inverness Medical Innovations, Inc.; Catherine McEvilly, Assistant General Counsel, Honda North America Inc.; and David McEvoy, Vice President and General Counsel at ATG.

Foley Hoag will also host the ACC's Northeast Chapter at a dinner on Monday, October 29 at NoMI Restaurant, overlooking Chicago's "Miracle Mile" and its famed Water Tower.

Women in Energy Networking Event

Tue, 14 Apr 2009 09:26:04 EDT

Dust off the business cards, put on your perfect smile and get ready to just have some fun with your energy colleagues. There will be no panel discussions or presentations – just an opportunity to enjoy the tradition of Women in Energy over cocktails and networking!

Special guest FERC Commissioner, Suedeen Kelly will provide her unique insight on the amazing evolution and revolution of the energy industry.

Breast Cancer: Closing the Research Gap

Thu, 03 Apr 2008 15:04:18 EDT

We’re on a mission to end breast cancer forever. Join us.

Every three minutes a woman in the U.S. is diagnosed with breast cancer. Every 13 minutes one woman dies of breast cancer. It is tragic that America’s racial and ethnic minorities, the poor and those with little or no health insurance are the most likely to be in the second group.

Come hear from breast cancer experts about the latest in research and what’s on the horizon. And as we discuss the promise of these advancements we will highlight the importance of greater government investment in helping discover and deliver the cures.

From Nonprofit to Sales Success

Wed, 19 Sep 2007 13:55:10 EDT

Our lawyers structured and negotiated the outsourcing, by a series of sales of assets and service contracts, of the marketing and sales and operations functions of a nonprofit supplemental student loan guarantor to a for-profit corporation specializing in the securitization of student loans.

Defense of a Nonprofit Financing Entity

Wed, 19 Sep 2007 13:55:10 EDT

Our lawyers settled a substantial claim asserted by a U.S. Government Cabinet department against a non-profit financing entity, and designed new corporate organization structure to implement the settlement.

Critical Advice on IRS Issues

Wed, 12 Sep 2007 21:02:33 EDT

Our lawyers regularly structure and secure advance Internal Revenue Service (IRS) approval of pooled insurance funds for groups of governmental authorities, educational institutions and public nonprofit entities.

Bringing Groups Together for Success

Wed, 12 Sep 2007 21:02:33 EDT

On behalf of our clients, our lawyers form and structure affiliates at the national, regional and local levels, and assist in the development of nonprofit programs administered on a group basis. These services include consolidated applications for tax-exempt status for groups.

New Homes for Today’s Growing Nonprofits

Wed, 12 Sep 2007 21:02:33 EDT

Nonprofit organizations turn to our lawyers for advice on the development, construction, acquisition and financing of headquarters buildings and other office facilities, including leasing and subleasing arrangements.

Steering Clients through Legislations’ Impact

Wed, 12 Sep 2007 21:02:33 EDT

Our lawyers regularly review, analyze and prepare comments on proposed federal, state and local legislation or administrative regulations regarding the potential impact on our clients’ programs, membership and/or goals.

Foley Hoag - Nonprofit

Human Rights Campaign Releases Corporate Equality Index, Names Foley Hoag Among Top Firms for Second Consecutive Year

Foley Hoag Joins American Lawyer's Select Group of Top 50 A-List Firms

Foley Hoag Lawyers Included in Massachusetts Super Lawyers 2006

On the Agenda: Law and the Environment, Financing Growth, and Non-Competes—Foley Hoag Launches Three New Blogs

Foley Hoag Congratulates Rising Stars

Greater Boston Legal Services Honors Foley Hoag

Victim Rights Law Center Recognizes "Shining Stars"

Cramer Completes Launch of FoleyHoag.com

Working Mother and Flex-Time Lawyers Recognize Foley Hoag

Cynthia Lewiton Jackson, Former Global Director of Career Development at Bain & Company, Joins Foley Hoag

Foley Hoag Partner Dean Richlin Admitted to American College of Trial Lawyers

Foley Hoag Launches New Identity and Integrated Marketing Campaign

Foley Hoag Selected as one of 2008 Top 100 Law Firms for Diversity

Now’s the Time:Foley Hoag Forms Economic Crisis Team

Foley Hoag Selected as one of 2007 Top 100 Law Firms for Diversity

Nonprofit Update - May 1, 2006

Funding opportunities in the American Recovery and Reinvestment Act of 2009 and the Serve America Act

Doing Business in Massachusetts

Massachusetts and Federal Statutory Limitations on Liability for Charitable Organizations and their Directors or Trustees, Employees and Volunteers

Win Some, Lose Some

Spotlight on Executive Compensation

Massachusetts Form PC: Notice of Increase in Minimum Threshold for Reviewed Financial Statements

The Foley Hoag Foundation 2007 Annual Report

Supreme Judicial Court Clarifies Law on Massachusetts Nonprofit Tax Exempt Status

Uniform Prudent Management of Institutional Funds Act Liberalizes Endowment Spending and Clarifies Investment Standards for Charitable Institutions

New IRS Annual Information Return Required for Small Tax-Exempt Organizations – Form 990-N (e-Postcard)

Sarbanes-Oxley

New Massachusetts Pass-Through Entity Withholding Requirements: April 30th Deadline May Apply

Labor & Employment Brochure

Tax-Related Renewable Energy Provisions in the Stimulus Act

Ten Commandments: Prudent Activities for the Board of Directors of a Not-For-Profit Corporation

IRS Extends Deadline for Annual Information Report on Foreign Financial Accounts

Recent Massachusetts Supreme Judicial Court Decisions Clarify Several Uncertainties in Chapter 40B Comprehensive Permitting for Affordable Housing

Tax and Benefits Alert - November 20, 2007

Tips for Planning Reductions in Force

Attorney General of Massachusetts Announces Initiative on Executive and Director Compensation

May 15 Deadline for Filing IRS Form 990-N

Final 409A Deadline Looming: All Deferred Compensation Arrangements Must be in Full Compliance by December 31, 2008

Supreme Judicial Court Extends Anti-Discrimination Laws to Small Businesses

President Obama Extends COBRA Subsidy for Unemployed Workers

Deadline Approaching for Form 990 Filers

Economic Crisis Team Datasheet

IRS Issues Final Instructions for Redesigned Form 990

WEST: Cross-Functional Teams

Understanding the New Data Security Law

Contingency Planning and Safety Response Preparedness in the Non-profit Environment

Business for Social Responsibility (BSR) 2006 Annual Conference

Inspired Leadership: Women Leading Business into a Brighter Economy

December 2008 Forum: Expert Panels, Advisory Boards and User Groups - Using Key Opinion Leaders to Help Achieve Business Goals

TiE: Giving Smart, Getting Impact: New Models of Social Philanthropy

BSR Annual Conference -- San Francisco

ACC Annual Update of Critical Developments

The Foley Hoag Foundation Event to Honor Liz Harris

To MBA or Not To MBA: Pros and Cons of Obtaining a Business Degree

Northeastern University School of Law's Connections 2009

Association of Corporate Counsel (ACC) 2007 Annual Meeting

Women in Energy Networking Event

Breast Cancer: Closing the Research Gap

From Nonprofit to Sales Success

Defense of a Nonprofit Financing Entity

Critical Advice on IRS Issues

Bringing Groups Together for Success

New Homes for Today’s Growing Nonprofits

Steering Clients through Legislations’ Impact

Now’s the Time:
Foley Hoag Forms Economic Crisis Team