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Risk Management

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If you are interested in a matter, please let us know as soon as possible by emailing Isis Bous and Allison Laubach through the “Ask About This Matter” button on the details page or directly (ibous@lexmundiprobono.org; alaubach@lexmundiprobono.org) and let us know which project(s) interests you. We will place matches with Lex Mundi member firms on a first-come, first-served basis.

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Miller Center for Global Impact

Webinar on Navigating US Executive Actions

Summary:

Deliver a webinar on how social ventures and nonprofits can prepare for possible executive actions that may disrupt funding, international partnerships, and compliance for organizations working in climate, migration, or global justice.

Referred by:

Jurisdictions: U.S.
About the Organization: The Miller Center accelerates global, innovation-based entrepreneurship in service to humanity. Its strategic focus is on poverty eradication through its three areas of work: The Global Social Benefit Institute, Impact Capital, and Education and Action Research.
Legal Entity Type: Nonprofit/Charity
SDG(s):Affordable and Clean Energy, Clean Water and Sanitation, Decent Work and Economic Growth, End Poverty, Gender Equality, Good Health and Well Being, Industry Innovation and Infrastructure, Life on Land (sustainability of ecosystems), Peace, Justice, and Strong Institutions, Quality Education, Reduced Inequalities, Zero Hunger
Legal Issue(s):

We are seeking a volunteer to lead a webinar for social impact leaders on the potential legal and financial risks posed by anticipated U.S. executive actions. While none of the proposed measures are law yet, developments in U.S. policy circles indicate serious discussions around: (1) revoking tax-exempt status from organizations supporting or funding specified work; (2) banning cross-border donations; (3) labeling migrant aid groups as terror-affiliated; and (4) increasing IRS scrutiny on progressive or foreign-aligned donors. The webinar should help mission-driven organizations understand the legal implications and offer proactive steps to mitigate potential threats.

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Peer Defense Project

c3 Risk Mitigation Consultation

Summary:

Advise a youth-led nonprofit on mitigating risk to their 501(c)(3) status due to shifting legislative landscapes and explore alternative entity structure options if necessary.

Referred by:

Jurisdictions: U.S.
About the Organization: Peer Defense Project is a youth-led, worker self-directed nonprofit which builds legal education, tools, and networks. Their website offers access to the Freedom Law School, the Help Desk, and the Power Legal Course.
Legal Entity Type: Nonprofit/Charity
SDG(s):Decent Work and Economic Growth, Partnerships to achieve the Goals, Quality Education, Sustainable Cities and Communities
Legal Issue(s):
Peer Defense Project, a youth-led, worker self-directed nonprofit that builds legal education, tools, and networks is seeking a consultation with a tax-exempt attorney in light of recent legislative threats—specifically targeting organizations that support student protesters, migrant workers, and wage theft issues. The organization is concerned about the potential risks to their 501(c)(3) status and is seeking guidance on how to mitigate risk and ensure compliance and sustainability of their work. They would also like to explore whether forming an alternate entity structure (such as a B Corp) would be a viable strategy and, if so, would appreciate advice on incorporation options and best practices for structuring their organization to continue their mission-driven activities.
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Buy-In Community Planning

ED Compensation During Budget Shortfall

Summary:

Provide legal advice to a California-based nonprofit on obligations and options related to temporarily reduced compensation for their Executive Director amid financial hardship.

Referred by:

Jurisdictions: California, U.S.
About the Organization: The mission of Buy-In Community Planning is to support the well-being of people whose homes and communities are threatened by natural hazards by assisting them in planning for and relocating to safer areas. Using the power of geospatial data and participatory planning, they help communities design voluntary relocation assistance programs that are transparent, equitable, and environmentally restorative to ensure that no household is left in harm’s way.
Legal Entity Type: Nonprofit/Charity
SDG(s):Climate Action, Good Health and Well Being, Life on Land (sustainability of ecosystems), Partnerships to achieve the Goals, Peace, Justice, and Strong Institutions, Reduced Inequalities, Sustainable Cities and Communities
Legal Issue(s):

Buy-In Community Planning, a nonprofit organization that supports communities facing climate-driven relocation is seeking advice from an employment/labor lawyer regarding their obligations to fulfill a previously approved salary for their Executive Director (ED). Due to cash flow issues, the ED—who is based in California—is currently receiving only half of their salary. The Board seeks legal counsel on their obligations under California labor law and potential strategies for managing or remedying this shortfall in a way that complies with employment regulations and nonprofit governance best practices.

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Education Trust

Asset Protection and Risk Mitigation for a 501(c)(3)

Summary:

Provide legal consultation on asset protection, risk mitigation, and financial security strategies for a nonprofit facing potential legal and political scrutiny.

Referred by:

  • Anonymous Collaborator
Jurisdictions: U.S.
About the Organization: The Education Trust is a nonprofit committed to advancing policies and practices to dismantle the racial and economic barriers embedded in the American education system.
Legal Entity Type: Nonprofit/Charity
SDG(s):Quality Education, Reduced Inequalities
Legal Issue(s):

Education Trust, a 501(c)(3) nonprofit dedicated to dismantling racial and economic barriers in the American education system, is seeks legal guidance on protecting its resources and assets from potential legal, financial, and political instability. Given increasing scrutiny of nonprofits, the organization is exploring strategies to mitigate risks, including:

  • Legal structures to safeguard assets, such as creating a separate LLC or alternative entities. (A suggestion outlined in Philanthropy Today)
  • Financial security measures, including diversifying banking options, moving off-shore, and exploring alternative funding mechanisms.
  • Strategies for maintaining operational continuity in case of audits, lawsuits, or asset freezes.

The organization would appreciate a consultation to discuss what measures are realistically viable given their operations and mission and the most effective strategies for asset protection and risk mitigation.

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