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Federal Rulemaking: What It Is and Why Your Organization's Participation Matters
Rachel N. Morrison and Maggie Beecher
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Issue Area
Religious Liberty
Healthcare
Lawsuit Prevention
K-12 Education
Risk Management
Format
Toolkit
Toolkit
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.
Perspective
2022 Self-Assessments
Napa Legal Staff
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Issue Area
Religious Liberty
Religious Identity
Corporate Governance
Starting a Nonprofit
Employment
Format
Self-Assessment
Self-Assessment
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.
Perspective
Religious Liberty Alert: Faith-Based Nonprofits and Forthcoming HHS Rules
Rachel N. Morrison and Maggie Beecher
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Issue Area
501(c)(3) Status
Starting a Nonprofit
Corporate Governance
Tax Compliance
Format
Blog
Blog
Perspective
Example Board Resolution Approving Conflicted Transaction
Napa Legal Staff
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Issue Area
501(c)(3) Status
Corporate Governance
Lawsuit Prevention
Tax Compliance
K-12 Education
Format
Template
Template
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.
Perspective
Conflicts of Interest: Avoiding Common Mistakes
Napa Legal Staff
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Issue Area
501(c)(3) Status
Lawsuit Prevention
Corporate Governance
Tax Compliance
K-12 Education
Format
Blog
Blog
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?
Perspective
Napa Legal's 2021 Annual Report
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Issue Area
No items found.
Format
Perspective
Greatness of Soul—On the Launch of The Good Counselor Project
Josh Holdenried
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Issue Area
Leadership
Corporate Governance
The Good Counselor Project™
Format
Blog
Blog
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.
Perspective
Why The Good Counselor Project?
John C. Peiffer II
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Issue Area
Leadership
The Good Counselor Project™
Format
Blog
Blog
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.
Perspective
The Things of the Spirit: What a Good Counselor Should Know
Luke Macik
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Issue Area
Leadership
The Good Counselor Project™
Format
Blog
Blog
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.
Perspective
Faith, Family, and Charitable Giving: Draft a Plan
Napa Legal Staff
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Issue Area
Tax Compliance
Planned & Charitable Giving
Charitable Solicitation
Fundraising
Format
Template
Template
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.
Perspective
Gratitude, Service, and the Vocation of a Good Counselor
Alan Sears and John C. Peiffer II*
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Issue Area
Leadership
Spiritual Entrepreneurship
The Good Counselor Project™
Format
Blog
Blog
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.
Perspective
Protecting Donors and Charities: What Nonprofit Leaders Should Know about the Supreme Court’s Decision in AFPF v. Bonta
Napa Legal Staff
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Issue Area
Starting a Nonprofit
Planned & Charitable Giving
Charitable Solicitation
Fundraising
Donor Privacy
Format
Blog
Blog
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...
Perspective
User Agreements and the Enforcement of Corporate Values
Napa Legal Staff
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Issue Area
Big Tech
Religious Liberty
Religious Identity
Format
Policy Report
Policy Report
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.
Perspective
Fulton v. City of Philadelphia: What Nonprofit Leaders Need to Know
Andrea Picciotti-Bayer
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Issue Area
Religious Liberty
Religious Identity
Supreme Court
Lawsuit Prevention
Leadership
Format
Whitepaper
Whitepaper
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.
Perspective
Checklist for Onboarding Directors
Napa Legal Staff
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Issue Area
501(c)(3) Status
Lawsuit Prevention
Record Keeping
Starting a Nonprofit
Leadership
Format
Blog
Blog
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
Perspective
After Fulton: Seven Steps Nonprofit Leaders Should Take
Napa Legal Staff
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Issue Area
Supreme Court
Lawsuit Prevention
Religious Liberty
Leadership
Risk Management
Format
Blog
Blog
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.
Perspective
Choosing the Right Vendor
Napa Legal Staff
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Issue Area
Religious Liberty
Starting a Nonprofit
Financial Health & Solvency
Leadership
Corporate Governance
Format
Blog
Blog
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...
Perspective
Trademark Basics
Bryan Harrison
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Issue Area
Starting a Nonprofit
Lawsuit Prevention
Risk Management
Corporate Governance
Format
Blog
Blog
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
Perspective
Financial Opportunities and Challenges During Times of Change
Napa Legal Staff
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Issue Area
Financial Health & Solvency
Format
Navigators
Navigators
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.
Perspective
Protecting Donors and Charities: Four Steps Faith-Based Nonprofits Should Take Following AFPF v. Rodriquez
Napa Legal Staff
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Issue Area
Corporate Governance
Donor Privacy
Planned & Charitable Giving
Charitable Solicitation
Fundraising
Format
Blog
Blog
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...
Perspective
De-Platforming Example Action Plan
Napa Legal Staff
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Issue Area
Big Tech
Religious Identity
Format
Template
Template
Use this step-by-step action plan to respond quickly and effectively to a de-platforming. An organized response will minimize the harm a de-platforming will inflict on your organization and those you serve.
Perspective
FAQ: How De-Platforming Can Impact Faith-Based Organizations
Napa Legal Staff
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Issue Area
Big Tech
Format
Blog
Blog
What happens if a social media provider de-platforms my organization? If a social media provider de-platforms your organization, you lose some or all access to your account with that provider.[1] In some instances, your organization’s account...
Perspective
De-Platforming: The Threat Facing Faith-Based Organizations
Napa Legal Staff
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Issue Area
Big Tech
Religious Liberty
Format
Policy Report
Policy Report
Big Tech's unpredictable de-platforming of faith-based organizations and their leaders has become so frequent that faith-based organizations can no longer rely on continuous service from these companies, particularly social media providers. Faith leaders must respond decisively to the changed landscape.
Perspective
Vaccination Rollout: Recognizing Clergy as Essential Workers
Napa Legal Staff
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Issue Area
COVID
Religious Identity
Format
Policy Report
Policy Report
Forty-three states and the District of Columbia are failing to prioritize clergy in their vaccine rollouts despite federal guidance. This report from Napa Legal details the issue so that negligent states can update their distribution plans to ensure that clergy are not forgotten as essential workers.
Perspective
2021 Updates to Paid Leave Under FFCRA
Lee Cotugno
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Issue Area
Financial Health & Solvency
COVID
Format
Blog
Blog
The mandatory paid leave programs created under the Families First Coronavirus Response Act of 2020 (“FFCRA”) ended on December 31, 2020. However, the Consolidated Appropriations Act, 2021 (“2021 Act”), signed into law on December 27, 2020, allows for voluntary paid leave and tax credits for employers for a limited period of time and makes other changes that will affect the workplace for all employers, including nonprofits.
Perspective
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