Overview
Yael Fuchs provides legal and strategic counsel to nonprofits and their leadership, offering practical solutions for corporate governance, risk management, regulatory compliance, internal dispute resolution, corporate transactions and charitable fundraising. Yael also conducts internal investigations for charities and boards, handling allegations of charitable asset misuse. In addition, she represents charities and their boards in litigation involving breaches of fiduciary duty.
When advising her clients, Yael draws from her extensive experience of over a decade in the Enforcement Section of the Charities Bureau of the Office of the New York State Attorney General, where she served as the co-section chief and oversaw the bureau’s efforts to investigate and litigate violations of New York laws concerning not-for-profits. Yael led some of the state’s most high-profile actions involving the misuse of charitable assets. Additionally, Yael collaborated with individual charities and the broader nonprofit sector to enhance compliance and governance. She is a frequent speaker and trainer on state charities regulation and best practices in internal controls.
Select examples of Yael’s firm experience include:
- Providing legal and strategic counsel to an educational consortium creating a cutting-edge AI research institute. Counseling in formation, governance and compliance, as well as contracting with state agencies and other private institutions.
- Counseling a public charity providing grant funding to a municipality, assisting with state and federal compliance, solicitation compliance and the grant agreement with the municipality.
- Counseling a private arts foundation dealing with an internal dispute and conflicts of interest.
- Counseling a new organization that raised substantial sums in a short amount of time with compliance and reporting, including legal reviews of public-facing material.
- Assisting in private foundation in making a large grant to a successor organization.
- Representing a public charity in governance restructuring to obtain independence from its 501(c)(6) association sole member.
- Assisting a large social service provider in managing ongoing outside litigation.
- Representing a social justice charity in litigation relating to misappropriated intellectual property.
- Conducting internal investigations after diversions of charitable assets, and working with the board on remedial actions.
- Led the successful investigation and litigation against a high-profile private foundation engaged in self-dealing, false reporting and violations of prohibitions against political activity.
- Served as senior counsel in the successful investigation and litigation against a large social welfare organization that centered on allegations of self-dealing, excessive compensation to executives, whistleblower retaliation, and failures of oversight by the board of directors. Focused on issues of accountant privilege and review of audit workpapers.
- Oversaw a successful multi-state litigation effort against a network of sham charities and their fundraisers.
- Assisted in the resolution of a dispute between two related art foundations, resulting in the protection of an artistically significant property.
- Conducted the investigation of alleged improper related party transactions and bid-rigging.
- Oversaw the civil litigation against and dissolution of a social service organization whose founder was convicted of fraud in connection with a kickback scheme.
Education
- Columbia Law School, J.D., Harlan Fiske Stone Scholar, Editor, Columbia Human Rights Law Review
- Washington University, B.A., summa cum laude
Bar Admissions
- New York
Affiliations
- Co-Chair, State & Local Regulation Subcommittee, Exempt Organizations Committee, American Bar Association
- Co-Chair, Non-Profit Organizations Committee, New York City Bar Association
- President, National Association of State Charities Officials (NASCO) (2019-2022)
- Adjunct Professor, Cardozo School of Law (2015-2018)