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Nonprofit

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With more poverty, economic hardship and social injustice in the world than ever before comes the increased need for nonprofit services.

But limited government funding and other sources of steady income make running a nonprofit difficult. We approach our representation of nonprofits as we do with any client — with a full understanding of the desired business goals, a clearly delineated road map for reaching those goals and an appreciation for the unique challenges and potential threats facing your organization. Our services range from corporate to litigation, labor and employment to tax, as well as the general work that goes hand in hand with operating a nonprofit institution.

Morrison Cohen has built a strong foundation of understanding the various business and political challenges facing nonprofits today. We are proud to have earned the trust and loyalty of our longstanding religious, academic and other nonprofit clients. We have significant experience setting up foundations and nonprofit organizations, as well as handling the day-to-day management, labor and employment and tax planning issues that arise.

Alternative Dispute Resolution: We collaborate with clients on defense strategies based on their desire to vindicate their rights, their tolerance for protracted proceedings and their relative concern for associated publicity in connection with attendant litigation. As advocates for alternative dispute resolution, we are also often able to achieve successful results for our clients through mediation and before the expenditure of significant sums on protracted litigation.

Business Litigation: Our nonprofit clients appreciate our deep courtroom experience, commercial knowledge and skillful representation when disputes occur with beneficiaries, creditors or the IRS and the need for litigation arises. We have extensive experience presenting complex valuation issues in IRS audits and appeals. We advise clients on how to minimize the risk of litigation and handle disputes such as contested accountings, construction proceedings, and other litigated matters affecting trusts and estates.

Corporate: We represent clients in a wide range of financing, securities and capital markets, mergers and acquisitions, regulatory and compliance, corporate governance and other commercial transactions, as well as ongoing and routine counseling. We take an interdisciplinary approach to structuring, negotiating and consummating complex business transactions and advising nonprofits on all aspects of their operations.

Executive Compensation & Employee Benefits: Our lawyers represent clergy and staff of religious institutions and other nonprofits. We advise clients on all aspects of the relationship between employer and employee, including designing and implementing incentive compensation plans; drafting and negotiating employment agreements, separation agreements and restrictive covenant agreements; and establishing and maintaining employee stock ownership plans (ESOPs).

Labor & Employment: We advise on the entire spectrum of routine and complex employment concerns and the many federal, state and local laws and regulations that govern your workplace. Our multidisciplinary practice makes us well suited to tackle the preparation of employment letters, contracts and handbooks, as well as advise on staff restructuring, terminations, restrictive covenants, retirement plans, healthcare, workplace (and work from home) safety and security. We are experienced negotiators and can handle contracts and agreements on behalf of nonprofit employees and clergy both when hired and if any disputes arise or the contract has been violated.

Real Estate: Our Real Estate team advises on the leasing, purchase, sale, development and financing of property on behalf of nonprofit and commercial clients. We often represent owners and developers in financing transactions in New York and throughout the United States. We have significant experience completing various types of financing transactions, including traditional single-lender mortgage loans, credit tenant financing, conduit financing and mezzanine loans.

Tax: Our lawyers provide creative and effective legal, charitable and tax planning services to closely held companies, foundations and public charities. We swiftly navigate the intricacies of federal and state tax laws as they relate to family businesses, charitable giving and wealth preservation, which has proven invaluable to our nonprofit and high net worth private clients. We represent founders, donors, board members, executives, individuals and families in a wide array of matters concerning the formation, operation and, where applicable, termination of tax-exempt organizations, including public charities and private foundations. Our work in this area runs the gamut from general corporate advice to strategic planning, tax reporting advice, negotiating and implementing venture partner, and other third-party arrangements and litigation. We understand church-state law and how to navigate the complex regulations and tax codes applicable to nonprofit and tax-exempt organizations and have navigated sensitive matters on behalf of other nonprofit religious institutions.

Technology, Data & IP: We take an interdisciplinary approach to the creation, exploitation, enforcement and protection of our clients’ trademarks, trade dress, copyrights, internet websites and content, trade secrets, patents and related rights. On behalf of our nonprofit clients, we employ our deep experience and institutional knowledge to advise on intellectual property aspects impacting music and worship programs, academic programs and more. We also help protect both employers’ and employees’ rights regarding confidential and proprietary assets and subject to non-compete and non-solicit restrictions. With respect to nonprofits that maintain large membership databases, we advise clients on issues and agreements relating to privacy, cybersecurity, data storage, BYOD arrangements and information management.

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