2018 Nonprofit Seminar FRIDAY NOVEMBER 16, 2018 SCOTT CONFERENCE CENTER - OMAHA This page intentionally left blank. 2018 Nonprofit Seminar 8:30 am 10:45 am Oversight of Charitable Entities by Teaming Up: Nonprofit Mergers, the Attorney General Alliances and Joint Ventures Meghan E. Stoppel, Nebraska Attorney General’s Stephanie A. Mattoon, Baird Holm, LLP Office When nonprofit organizations combine Fri., November 16, 2018 This session will provide an overview of the resources, they can strengthen their mission 8:30 am - 3:45 pm Attorney General Office’s responsibility for while reducing costs, but there are hurdles oversight of charitable entities, highlighting to clear and pitfalls to avoid. Learn what best practices for the governance of non- nonprofit leadership needs to consider for a Scott Conference Center profit corporations and charitable trustees. merger, alliance or joint venture with another 6450 Pine Street, Omaha This session will discuss the Best Practices nonprofit. The presenter will address fealty for a Nonprofit Organization released by the to mission, structure, legal requirements, risks, Attorney General earlier this year and lessons documentation, tax exempt status consider- learned from the Goodwill investigation. The ations, conflicts, and the importance of prop- NE MCLE Accreditation presentation will go over the common types erly framing the transaction. #163706 (Regular/live) of complaints the Attorney General receives, #163707 (Distance learning) the type of notices the Attorney General 11:45 am 6 CLE hours, must receive, and the powers of the Attorney Why Should a Nebraska Nonprofit Care? The Ins and Outs of GDPR (General Data including 1 hour ethics General to correct wrongdoing. Protection Regulation) Only 5 distance learning CLE 9:30 am Stacey Shadden, McGrath North Mullin & Kratz, hours may be claimed per year An Exploration of the Best Practices of PC LLO for Nebraska. Nonprofit Gift Acceptance Policies Data privacy has become a prime focus of IA MCLE Accreditation Matt Darling, Vice President of Donor Services, many nations as they seek to protect the pri- Omaha Community Foundation #306216 (Regular/live) vacy of their individual residents’ personal data. Howard Epstein, Executive Director, The Jewish GDPR became effective on May 25, 2018, and #306215 (Distance learning) Federation of Omaha Foundation 6 CLE hours, has been adopted by the member countries of The presentation will include a discussion about the European Union and European Economic including 1 hour ethics the reasons and purposes for a comprehensive Area. GDPR was enacted to protect the data gift acceptance policy, proper gift valuation and privacy of individuals within the member procedures, best practices for gift acknowledge- countries, regardless of where those residents Attend live ment, and various tax and legal considerations, are physically located, and make it easier for or via live webcast including applicable Treasury Regulations, their residents to understand how their person- $390 - Regular registration Internal Revenue Codes and Revenue Rulings. al data is being collected and used. This presen- $300 - NSBA dues-paying Subjects to be discussed include charitable tation will provide an overview of GDPR and gift annuities, the tax, legal, and practical fac- whether (and to what extent) GDPR applies member tors to consider when determining whether to nonprofit organizations, regardless of their Free - Law students or not to accept gifts of real estate, insurance apparent lack of connection to GDPR coun- policies, securities, artwork and other tangible tries. This presentation will also outline the personal property, digital currencies and other steps for compliance with GDPR, including an unique gifts, and situations in which a qualified analysis of the potential exceptions applicable www.nebar.com appraisal is required. to small organizations, and the very impactful penalties associated with non-compliance. 10:30 am Break 12:15 pm Lunch (included with registration) 1:00 pm 2:30 pm Break Financial Oversight in Non-Profit Organizations: Key Responsibilities, Issues and Potential Pitfalls for Directors, 2:45 pm Officers and Finance Committees Penn State Scandal: What It Can Tell Us About Attorney- Jerry M. O’Doherty, CPA, CGMA, Seim Johnson LLP Client Privilege, An Organization as Your Client, and the Jon Grob, McGrath North Mullin & Kratz, PC LLO Role of a Nonprofit Board of Directors Tom Worthington, McGrath North Mullin & Kratz, PC LLO Joel Pedersen, Baird Holm LLP This session will review and discuss the basics of financial state- The Freeh Report addresses the failures of Pennsylvania State ments and reporting in non-profit organizations, including com- University to deal with former Penn State football coach Jerry mon legal, accounting and other issues and questions relating to Sandusky. This incident like few others focuses on the profes- preparation, review and analysis of the same. Attendees of the sional responsibility issues of lawyers as it relates to lawyers who session will also learn about the corresponding oversight and represent complex client organizations. Through an analysis of verification roles that directors, officers and finance committees examples from the Penn State case, including a case study of a serve in connection with financial matters, and when questions minority of the Penn State Board of Trustees suing their own or concerns should be escalated. This session will also include a board for access to the privileged “Freeh materials,” and the rel- discussion on other common legal issues relating to financial over- evant case law and ethics rules, this session will show lawyers how sight in non-profit organizations, including conflicts of interest, similar circumstances might play out in a nonprofit setting where charitable gaming regulations, foreign qualification and tax filing the lawyer may be representing a nonprofit, an employee of a non- requirements and unrelated business taxable income. profit organization or serving on a nonprofit board. 3:45 pm Adjourn REGISTRATION FORM: 2018 Nonprofit Seminar - November 16, 2018 c I will attend the live seminar at Scott Conference Center in Omaha. *Lunch will be provided. Please note any dietary requirements/restrictions: _______________________________________ c I will attend the seminar via live webcast. Please let us know how you heard about this CLE event: c $390 - Regular Registration c Email (eCounsel, listserv, etc.) c Social Media c Nebraska Lawyer c Another NSBA CLE event c $300 - NSBA dues-paying member c NSBA print mailing c Other:_________________ c Free - Law Students ALL registrants will receive a link to download and print the materials ahead of time. Name:_____________________________________________________________________Bar #_________________________ Address:___________________________________________ City:______________________ State:_______ Zip:_________ Telephone:___________________________________ E-Mail:_____________________________________________________ ______ Check enclosed OR Charge to ______ MasterCard _______ Visa _______ Discover _______ AMEX Amount enclosed or to be charged $____________ Card number: _________________________________________________ Security Code (located on back of card):_____________ Expiration Date:____________ Mo/Yr Please print name on credit card:____________________________________________________________________________ Credit card billing address (if different from above):____________________________________________________________ City:_______________________________________________________ State:__________________ Zip:_________________ Signature:________________________________________________________________________________________________ Make checks payable to NSBA and return completed form to NSBA, 635 S 14th St. #200, Lincoln, NE 68508, or email to Karla Roscoe at [email protected]. If you do not receive an email confirming your registration, please call (402) 475-7091. If you need any special accommodation for attending this event, please contact the NSBA. NSBA CLE Cancellation Policy: • A full refund will be granted only when a cancellation request is received at least 72 hours prior to the live or distance-learning CLE event. • A cancellation request made less than 72 hours of the live or distance learning CLE event or following the live or distance-learning CLE event will be refunded, less a $30 processing fee. • You may send a substitute (e.g., someone from your firm) in lieu of cancelling. • The cancellation policy for a NSBA sponsored CLE event does not apply to independent third-party CLE providers, and attorneys are subject to their cancellation policy. FACULTY BIOS _____________________________________________________________________________________________________________________________ Meghan E. Stoppel Nebraska Attorney General’s Office Meghan Stoppel is an Assistant Attorney General and Chief of the Consumer Protection Division in the Nebraska Attorney General’s Office. She holds a B.A. in History and Communications from Texas Christian University and a J.D. from the University of Colorado. In the Consumer Protection Division, Meghan oversees a team of attorneys and investigators working cases related to consumer protection, nonprofit organizations, charitable trusts, tobacco enforcement, and antitrust matters. She also supports Attorney General Peterson in his role as co-chair of both the NAAG Consumer Protection Committee and the NAAG Charities Committee.