Conflicts of interest can be fatal for a faith-based nonprofit. Your bylaws should: (1) communicate to your leaders, team, and the public that your organization takes conflicts of interest seriously; and (2) instruct your leaders on their obligation to establish, maintain, distribute, and enforce an appropriate conflict of interest policy. Read this module to learn how you can use your bylaws to strengthen your organization against threats in this critical area of risk.

The Parable of the Talents is often referenced when the topic of investing arises. The story aims to teach us that talents (our money, resources, tools, or gifts) are to be placed out in the world and put into action where they can benefit others, grow, and then come back multiplied. The principle applies to faith-based nonprofits, as well as individuals and for-profit businesses. When a faith-based organization finds itself with extra cash, the organization should consider whether investing these extra funds prudently would be in the organization’s best interest.

Napa Legal analyzed the user agreements of over 50 major Big Tech platforms and found that 65% of them pose risks for religious freedom and free speech. This report sets forth our findings and how you can protect your organization and advocate for just policies. Read this report if you are: (1) a nonprofit or for-profit leader who values freedom of religion and free speech and relies on technology services to pursue your mission or conduct your business, (2) a policymaker seeking to understand how Big Tech treats religious freedom and free speech on their platforms, or (3) a supporter of freedom of speech and religion.

One side-effect of COVID-19 has been the acceleration of remote working. Whether provided as an accommodation to a disability, or in response to a demand from (among others) Millennial employees, many companies and organizations will need to adapt to this new working environment. This adaptation includes providing for remote working in a way that is done fairly and avoids litigation.

Most organizations must file the Internal Revenue Service (“IRS”) Form 990 or request an extension by May 15. Many organizations also have state tax filings, charitable registration forms, corporate annual reports, or some combination of these due on the same date.

Welcome to Napa Legal's Nonprofit Library! Not sure where to start? Let us help! If you are just starting out with your faith-based nonprofit, our resources can give you clarity and confidence about the key legal issues you might face, so you can work effectively with your attorney. If your faith-based nonprofit is already operating with sophistication, our resources provide important analysis on strategic questions related to legal and religious liberty developments and the concrete steps your organization should consider.

Groups of federal employees called agencies make rules that often impact daily life for faith-based organizations. During the rulemaking process, the public is invited to review and provide comment on a proposed rule, including any questions and concerns. The attached question-and-answer document will help your organization participate in this important process to ensure that agencies understand and respond to the perspectives of faith-based organizations in their rulemaking.

Take stock of your nonprofit’s strengths and weaknesses with this easy-to-use checklist. Broad topics such as “how well does your organization live out its religious identity” and “how strong are our corporate governance practices” are broken down into actionable “yes” or “no” questions that help you assess your vulnerabilities and strengths. For each section, the assessment provides links to Napa Legal resources that will help your organization address your weaknesses and identify opportunities for growth.

From time to time, your organization may have the opportunity to buy products or services from a director, officer, or other interested person. Because such arrangements are conflicted transactions, special diligence and board pre-approval are necessary. This example document shows the best practices for board approval of a conflicted transaction. Work with an attorney to customize this resource to reflect your organization's needs and applicable law. Also see the companion article to this resource, Conflicts of Interest: Avoiding Common Mistakes.

A director who is also a technology executive offers to sell technology from his company to a nonprofit school at cost. A director who runs an interior design firm offers to consult for a nonprofit women’s center at a steep discount. The organizations will be getting the best deal on the market. Must the board review and approve these transactions before the organization can take advantage of the great opportunities?

The legal profession is suffering a deep existential crisis. To many who live and practice the law, this is a self-evident truth. To those who do not, but who nonetheless rely on legal professionals, the idea of “good counsel” has been reduced to a mere transaction between client and attorney, with the former often viewing the latter as little more than an expensive technocrat who exists to solve their problems.

This essay is adapted from remarks given by Napa Legal's President and General Counsel, John C. Peiffer II, at the launch of the Good Counselor Project in Washington, D.C.

This essay is adopted and edited from remarks delivered by Luke Macik at the launch of The Good Counselor Project, which took place in Washington, D.C. on October 14, 2021. Mr. Macik serves as The Good Counselor Project’s seminar leader.

Donors seeking to support faith-based organizations should use this self-assessment. The assessment helps users give in a way that both aligns with their faith and responsibly stewards their financial resources. Faith-based organizations can also use this tool to work with interested donors, so the two can identify mutually beneficial giving options.

After many recent months of excess stress and anxiety, attorneys can find solace and healing in a return to gratitude and the call to serve as a “good counselor.” Even pre-pandemic, many attorneys experienced dangerously high rates of mental suffering, with sadness and stress escalating into anxiety and depression.

Charitable organizations can now provide their donors with additional privacy and protection, thanks to a recent Supreme Court ruling. Effective July 1, 2021, state charitable regulators can no longer force charitable organizations to disclose their donor names...

A tech company's “community guidelines” can be used to justify cutting off service to faith-based organizations whose values do not align with secular liberalism. This report surveys the user agreements employed by tech vendors and catalogues the scope of power these vendors reserve to enforce their corporate values through their user agreements.

At the end of its 2020-2021 Term, on June 17, the Supreme Court issued a much-anticipated judgment in favor of the Archdiocese of Philadelphia’s foster care placement agency. The judgment in Fulton v. City of Philadelphia was unanimous, with the Court’s majority opinion authored by Chief Justice John Roberts. Two concurring opinions, written by Justices Samuel Alito and Amy Coney Barrett, signaled interest among a majority of the justices to revisit the Court’s precedent so far as it relates to religious objections to generally applicable laws.

Faith-based nonprofits should provide their directors with an onboarding package containing key documents related to the organization and its operations. This onboarding package will help directors understand the organization so that they can provide accurate and helpful guidance

The case Fulton v. City of Philadelphia, Pennsylvania made headlines last week as an important victory for faith-based organizations. Leaders of faith-based nonprofits must take concrete steps to adjust to this new development in religious liberty law.

Those who lead or support a faith-based nonprofit should endeavor to choose vendors whose business philosophy aligns with the nonprofit’s mission and values or at least does not actively contradict them. Failing to do so can harm...

Nonprofits, just like commercial corporations, have names, symbols and designs that identify the nonprofit as the source of a good or service. These identifying words, phrases, logos, and designs are trademarks. Simply put, a trademark identifies to the public

Economic uncertainty and financial pressures can make pursuing a religious, charitable, or educational mission difficult. However, a number of legal solutions are available to help an organization turn these challenges into opportunities to serve and to pursue the organization's mission with more dedication and efficiency. Learn about joint ventures, mergers, consolidations, shared services and facilities agreements, dissolutions, and bankruptcy.

Two 501(c)(3) nonprofits will advocate for First Amendment protections for nonprofits and their donors before the U.S. Supreme Court on Monday, April 26. The nonprofits, Americans for Prosperity Foundation and the Thomas More Law Center, challenge a California charities regulation that requires most nonprofits fundraising in California to give...