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In Depth

 
Loeb & Loeb’s leading national Nonprofits and Tax-Exempt Organizations Practice offers the full spectrum of services to help nonprofit organizations grow, innovate and succeed in the face of increasing regulatory and marketplace challenges. Our distinguished practice team includes some of the nation’s leading nonprofit legal authorities, including former top regulators at the federal and state levels, offering unique insight and regulatory perspective that does not exist elsewhere.

Practicing among Loeb & Loeb’s elite ranks are Marcus Owens, former director of the IRS’s Exempt Organization Division; Jason Lilien, former bureau chief of the New York State Attorney General’s Charities Bureau and principal author of New York’s Nonprofit Revitalization Act of 2013; and nationally recognized nonprofit legal advisors Leah Bishop, Eliot Green and Diara Holmes. Our experienced team also includes Preston Quesenberry, former senior attorney in the IRS Office of Chief Counsel.

Our core nonprofit practitioners work closely with the firm’s other leading practices — corporate, trusts and estates, litigation, intellectual property, advertising and promotions, real estate, digital media and technology, executive compensation, and employment law — to provide our clients with a truly integrated platform at an exceptional value.

Knowledge and Guidance to Stay Compliant

The nonprofit legal landscape is challenging for even the most sophisticated organizations. Our experienced lawyers offer skilled guidance on what tax-exempt entities need to know to stay compliant with both federal and state legal requirements. At Loeb & Loeb, clients have the benefit of working directly with high-ranking former government officials who were instrumental in developing key aspects of the modern nonprofit regulatory framework, including the IRS’s excess benefit/executive compensation regulations known as “intermediate sanctions,” New York’s Nonprofit Revitalization Act and key sections of New York’s statute governing endowment spending (NYPMIFA).

We advise clients in the following key areas:

  • Executive compensation
  • Excess benefit transactions
  • Private foundation laws
  • Lobbying/political activity
  • Cause-related marketing
  • Grant-making and fundraising
  • Advertising and sponsorships
  • Social media
  • Nonprofit revitalization act compliance
  • Conflicts of interest/related party transactions
  • Corporate governance
  • Fiduciary responsibilities
  • Unrelated business income tax
  • Formation and tax exemption
  • Tax compliance for nonprofit hospitals

The Go-To Firm When Trouble Occurs

We provide our clients with the regulatory insight they need when they need it most. With the country’s former top federal nonprofit regulator and the former head of the country’s largest state nonprofit regulatory office at their side, Loeb & Loeb’s clients have the strength and resources to navigate the full range of potential government inquiries, including:

  • IRS audits and investigations
  • State attorney general investigations
  • Federal and state criminal investigations
  • Government fiscal and programmatic audits
  • Congressional inquiries

Our lawyers also have extensive experience conducting internal investigations to assess compliance with fiduciary duties as well as allegations of misconduct and potential exposure. We have deep experience with IRS and attorney general processes and personnel, and we are respected by regulators. This enables our team to efficiently navigate the complicated legal, business and reputational challenges our clients face in assessing and defending claims of wrongdoing.

Innovative Solutions for Successful Transactions

Loeb & Loeb knows that nonprofits are not static entities and must evolve to meet marketplace challenges. We have extensive experience advising tax-exempt organizations on the legal and tax aspects of nonprofit transactions, including:

  • Acquisitions and sales of assets, including real property transactions
  • Corporate restructurings
  • Formation of partnerships, joint ventures and public benefit and limited liability corporations
  • Mergers and consolidations among exempt organizations
  • Program-related investments
  • Public financing projects for tax-exempt entities

Our attorneys also regularly structure and negotiate high-profile integrations and strategic alliances between charitable organizations and for-profit companies, including corporate sponsorships; cause marketing/commercial co-ventures; and services, merchandising and licensing agreements. In addition, we counsel nonprofits on the protection, enforcement and management of their intellectual property rights.

Given our firm's long history serving the entertainment sectors, we have a particular depth of experience advising foundations and charitable organizations on dealings with artists, celebrities and other media personalities, as well as providing counsel to celebrity clients in connection with their philanthropic endeavors.

With our deep regulatory knowledge and experience, we are also uniquely positioned to help clients navigate applicable government regulations and the process of obtaining court and attorney general approval for transactions when required.

When Winning a Litigation Matters

Business ventures fail. Relationships sour. Employees sue. Intellectual property rights are violated. When a nonprofit has to protect or defend its interests, Loeb & Loeb’s team of world-class litigators and subject-matter experts provides the legal and practical guidance they need. Our lawyers’ unparalleled nonprofit expertise enables us to provide strategic advice on the unique challenges and risks that accompany nonprofit litigation. We work with our clients to consider alternatives to litigation and develop paths for resolution. When litigation is the only option, we have the knowledge and experience to achieve the best possible results.