Good Counsel (PDF)

Preface xi Acknowledgments xvii Introduction xix Who Should Use This Book xx Features of the Book xxi How This Book Is Set Up xxii Preliminary Observations xxiv Illustrative Cases xxvii Part I An Overview of Nonprofits' Legal Needs Chapter 1 What Good Counsel Can Do for Nonprofits 3 What Legal Needs Do Nonprofits Have in Common? 4 Beyond Laws about Nonprofits: Complying with Business Laws, Too 11 First Stop for Legal Advice: CYA (Consult Your Attorney) 12 In Sum/Coming Up Next 14 Chapter 2 Nonprofit Legal Basics: Corporate Law and the Requirements of the Tax Exemption 19 The Benefi ts of Incorporating 19 Getting Organized as a Nonprofit Corporation 22 Following Good Corporate Law Practices 24 Obtaining Recognition of Tax-Exempt Status 28 Maintaining Tax-Exempt Status 31 Meeting Additional IRS Expectations 34 Chapter 3 Good Counsel about Corporate Governance 47 What Does the Board Do? 47 Advocacy and Independent Judgment: Counsel in Relation to the Chief Executive 58 When Governance Fails: Learning by Negative Example 59 Part II A Grand Tour of Nonprofits' Business Law Needs Chapter 4 Contracts and Intellectual Property: Laws that Matter to Program Staff 67 Understanding the Organization's Program 67 Contracts: At the Heart of the Program's Legal Arrangements 68 What Is Intellectual Property (and What Does It Have to Do with Nonprofits?) 81 Copyright Law for Nonprofits: An Introduction 82 Chapter 5 Counseling the Rainmakers: Legal Aspects of Raising Money 93 A Lawyer's Introduction to Fundraising 94 Laws That Matter to Fundraisers 99 Other Places Where Legal Meets Fundraising 112 Better Fundraising Through Good Governance and Compliance 117 Chapter 6 Laws That Matter to the Finance Department (or Not-for-Profit, but Not-for-Loss Either) 123 Understand the Big Financial Picture 124 A Year in the Life 132 Other Places Where Legal and Finance Meet 135 Chapter 7 Getting Personnel: Human Resources Law for Nonprofits 155 Human Dynamics, Nonprofi ts, and the Law 157 Key

LESLEY ROSENTHAL leads the legal, governance, and compliance functions of Lincoln Center for the Performing Arts, Inc. Since 2005 she has fashioned the legal context for the renowned arts center's world-class cultural and educational offerings, its entrepreneurial initiatives in media, fashion, and international consulting, and the $1.2 billion redevelopment of its iconic physical complex. Rosenthal has served in many roles throughout the nonprofit sector, including for the New York State Bar Association and its Foundation. For thirteen years she was in private practice as a business, litigation, and technology lawyer at Paul, Weiss, Rifkind, Wharton & Garrison in Manhattan. Rosenthal graduated from Harvard College and Harvard Law School. The National Organization for Women (NOW-nyc) has named her a "Woman of Power and Influence." Follow her on Twitter @GoodCounselBook.

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