Why You Should Attend
This accredited CLE program brings together the nation’s leading practitioners to discuss sophisticated current issues facing tax-exempt organizations and to offer practical solutions based on their own experiences in representing their clients. In just two days, this course of study will give you the knowledge and tools to counsel your clients on the latest developments, strategies and techniques to represent them successfully before the IRS, and to take your practice to the next level. For experienced exempt organizations practitioners, this advanced CLE course is not to be missed.
This year, nationally known nonprofit organization expert Bruce Hopkins kicks off the course with a roundup of what’s been happening at the IRS, on the Hill, and in courthouses. An hour and a half of ethics is also included. Registrants will have many opportunities to ask questions and interact with each other and the faculty.
What You Will Learn
This accredited course from ALI CLE covers a variety of current developments and issues affecting tax-exempt organizations, such as:
- Affordable Care Act: The impact of the U.S. Supreme Court’s decision on nonprofit employers
- Intermediate sanctions: What are the tax consequences of correction?
- Non-profit corporate governance: What happens when directors have dual loyalties?
- The IRS audit: Maintaining a positive relationship with the IRS and keeping your audit moving
- Corporate philanthropy: Foundations, employee scholarships and gift-matching, and cause-related marketing
- And much, much more!
Who Should Attend
This accredited CLE course is appropriate for experienced private practitioners, in-house counsel, lawyers, government officials, and others who work with section 501(c)(3) tax-exempt organizations.
Planning Committee (also on faculty)
Joseph E. Lundy, Lundy Fleming LLP, Bala Cynwyd, Pennsylvania (Planning Co-Chair)
Suzanne Ross McDowell, Steptoe & Johnson LLP, Washington, D.C. (Planning Co-Chair)
Victoria B. Bjorklund, Simpson Thacher & Bartlett LLP, New York
Douglas M. Mancino, Hunton & Williams LLP, Los Angeles
Celia Roady, Morgan, Lewis & Bockius LLP, Washington, D.C.
LaVerne Woods, Davis Wright Tremaine LLP, Seattle
James K. Hasson, Jr., Sutherland Asbill & Brennan LLP, Atlanta
Bruce R. Hopkins, Polsinelli Shughart PC, Kansas City, Missouri
Tomer J. Inbar, Patterson Belknap Webb & Tyler LLP, New York
Andras Kosaras, Arnold & Porter LLP, Washington, D.C.
Catherine E. Livingston, Deputy Division Counsel/Deputy Associate Chief Counsel, Tax Exempt and Government Entities Division, Office of Chief Counsel, Internal Revenue Service, Washington, D.C.
Michael W. Peregrine, McDermott, Will & Emery, Chicago
Virginia Puddister, Revenue Agent, Internal Revenue Service, Baltimore
Russell Renwick, Group Manager, Internal Revenue Service, Baltimore
David A. Shevlin, Simpson Thacher & Bartlett LLP, New York
Jack B. Siegel, Charity Governance Consulting LLC, Chicago
Carolyn O. Ward, Ropes & Gray LLP, Washington, D.C.
Additional faculty to be confirmed
ALI CLE Program Attorney: Kevin O’Connor (firstname.lastname@example.org)
Thursday, October 18, 2012
7:30 a.m. Registration and Continental Breakfast
8:25 a.m. Administrative Remarks – ALI CLE Staff
VIDEO WEBCAST SEGMENT A
8:30 a.m. Welcome and Opening Remarks – Mr. Lundy and Ms. McDowell
9:00 a.m. Year in Review: Notable Developments Affecting Exempt Organizations – Mr. Hopkins
10:30 a.m. Networking and Refreshment Break
10:45 a.m. Sophisticated Issues in Intermediate Sanctions - Messrs. Inbar and Mancino
Who is the taxpayer?
Tax consequences of correction
Comparability date for noncash compensation
12:15 p.m. Lunch Break
VIDEO WEBCAST SEGMENT B
2:00 p.m. Everything You Ever Wanted To Know About Corporate Philanthropy – Mr. Shevlin and Ms. Woods
Evolving structures for corporate philanthropy
Pros and cons of corporate foundations and their uses and misuses
Employee gift matching programs
Cause-related marketing and commercial co-ventures
3:15 p.m. Networking and Refreshment Break
3:30 p.m. Investments: Some Thorny Questions from Private Foundations and Public Charities – Mss. Bjorklund and Ward
Program Related Investments
Conflicts of Interest, Self-Dealing, and Excess Benefit Transactions
Co-Investments and Joint Ventures
Managing Issues When Donors Give Investments
Gift Acceptance Policies, Ethical Considerations, and Mission-Consistent Investments
5:00 p.m. Adjournment for the Day; Reception for Registrants and Faculty sponsored by Steptoe & Johnson LLP
Friday, October 19, 2012
7:30 a.m. Networking Session and Continental Breakfast
VIDEO WEBCAST SEGMENT C
8:00 a.m. Ethical Issues Facing EO Practitioners – Messrs. Kosaras and Siegel
A discussion using hypotheticals to address issues such as:
Identifying your client
Duty to report up the ladder
Service as both counsel and trustee
Conflicts of interest
9:30 a.m. What Every Employer Should Know About the Affordable Care Act – Ms. Livingston
With ACA implementation moving forward in the wake of the Supreme Court's ruling, nonprofit employers of all sizes will need to understand how the law applies to them. This presentation will cover topics such as:
What is the employer responsibility payment, and to whom does it apply?
When can employees gain access to the premium tax credit?
What kind of new information reporting should employers anticipate?
10:30 a.m. Networking and Refreshment Break
10:45 a.m. EO Considerations: Medical Research and Technology Transfers – Messrs. Hasson and Lundy
Is Medical Research an Independent "Charitable" Purpose?
What are the alternative organizational structures to conduct medical research?
Medical research in bond-financed facilities.
Technology transfers - private inurement, private benefit and UBIT issues.
12:15 p.m. Lunch Break
VIDEO WEBCAST SEGMENT D
1:30 p.m. Current Issues and Trends in Nonprofit Corporate Governance – Ms. McDowell and Mr. Peregrine
Issues arising when directors have dual loyalties
Enforcing fiduciary duties: questions of standing
Role of governance in applications for tax-exempt status and audits
3:00 p.m. Navigating an IRS Audit – Mr. Renwick and Mss. Puddister and Roady
How organizations are selected for audit
Types of audits
Maintaining a positive working relationship with the IRS
Keeping an audit moving
Closing an audit
Filing a protest
4:30 p.m. Adjournment
Total 60-minute hours of instruction: 13.25, including 1.5 hours of ethics and professional responsibility
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
“It was timely, an advanced level, and I came away with valuable knowledge for my clients, and it built on what I already knew. The course materials were uniformly excellent.”
“Good course. Very helpful and informative.”
“Sessions informative and covered well-rounded breadth of topics. Enjoyed attending.”
“I greatly appreciate the “step-up” – that is, the more advanced nature of the program It was one of the reason I selected this conference and you met, and in some instances, exceeded my expectations.”
“The course was well organized and structured. The presenters were excelled and well qualified.”
“An excellent program. Focus on current top level issues is right on. I have been to several of these programs and this one contained the most material relevant in my life. The speakers were all excellent. The work that was put in was apparent. Well done all around.”
“About the best available for this subject matter.”
“Great idea to do an advanced course and try to bring fresh topics – I hope you continue this theme in future years.”