THE UNIVERSITY OF TEXAS SCHOOL OF LAW PHILANTHROPY SOUTHWEST 38TH ANNUAL NONPROFIT ORGANIZATIONS INSTITUTE FUNDAMENTALS INSTITUTE January 19, 2021 January 20–22, 2021 Live Webcast WEBCAST UNDERWRITER EXCLUSIVE LEADERSHIP SPONSOR PREMIER SPONSOR INSTITUTE SPONSORS Adler & Colvin, a Law Corporation Ernst & Young LLP Blazek & Vetterling Morgan Stanley Graystone Consulting Bourland, Wall & Wenzel, P.C. Northern Trust Foundation & Institutional Advisors Crowe LLP Polsinelli PC INSTITUTE UNDERWRITER Goldman Sachs Philanthropy Fund Workshop—CLE Credit Hours: 3.00 hrs Approved in TX, CA, and OK (Hours Vary by Jurisdiction); CPE Credit (NASBA): 3.50 hrs Institute—CLE Credit Hours: 13.50 hrs | 1.00 hr ethics Approved in TX, CA, and OK (Hours Vary by Jurisdiction); CPE Credit (NASBA): 16.00 hrs Texas Legal Specialization Credit Approved for Estate Planning and Probate Law, and Tax Law www.utcle.org ■ 512.475.6700 2021 NONPROFIT ORGANIZATIONS FUNDAMENTALS January 19, 2021 ■ Live Webcast Earn up to 3.00 Hours of Credit Specialization Credit Approved for: Estate Planning and Probate Law, Tax Law Times listed are Central Standard TUESDAY MORNING, JAN. 19, 2021 11:30 a.m. 1.00 hr THANK YOU TO Presiding Officer: IRS Audits OUR FUNDAMENTALS AND Andrea L. March, Texas Rio Grande An IRS audit won’t happen to my organization, INSTITUTE SPONSORS Legal Aid, Austin, TX you say—until it does. Audit preparedness should be at the center of any good compliance regime for a Section 501(c)(3) public charity or private 8:50 a.m. Welcoming Remarks foundation, whether you’re audited this year or in 2030. Review the basics of an IRS audit and gain 9:00 a.m. 1.00 hr practical advice on preparing for, understanding, WEBCAST UNDERWRITER Understanding the 501(c) and Governmental managing, and ultimately surviving the audit Entity Universe process. An overview of the various types of tax-exempt Christina N. Cahill, Polsinelli PC, New York, NY Kurt Coburn, Blazek & Vetterling, Houston, TX organizations from 501(c)(3) public charities and private foundations to governmental organizations 12:30 p.m. Adjourn and beyond. EXCLUSIVE LEADERSHIP Meghan R. Biss, Caplin & Drysdale, Chartered, SPONSOR Washington, DC 10:00 a.m. 15-Minute Break 10:15 a.m. 1.00 hr Applying for Tax Exemption PREMIER SPONSOR Discuss the basics of applying for recognition of FUNDAMENTALS ACCREDITATION tax-exempt status from the IRS (focusing on 501(c) (3) status but touching on others as well). Address This course has been approved for Minimum the procedures and forms to follow, as well as Continuing Legal Education credit by the State Bar offering tips on what to include in the application. of Texas Committee on MCLE in the amount of Justin J. Lowe, Ernst & Young LLP, Washington, DC 3.00 hours. The University of Texas School of Law is Madeline Obler, Office of General Counsel, a State Bar of California approved MCLE provider United States Conference of Catholic Bishops, INSTITUTE SPONSORS Washington, DC (#1944), and an Oklahoma Bar Association MCLE presumptively-approved provider (#169). Adler & Colvin, a Law Corporation 11:15 a.m. 15-Minute Break Blazek & Vetterling Bourland, Wall & Wenzel, P.C. UT Law CLE is committed to Crowe LLP Practice Excellence. Ernst & Young LLP We are here to support our community while we navigate the Morgan Stanley Graystone Consulting coronavirus pandemic together. Information and updates Northern Trust Foundation & regarding our in-person conferences and live webcasts Institutional Advisors will be posted at www.utcle.org. Polsinelli PC In addition, we continue to offer multiple educational opportunities online—both live and on-demand—by INSTITUTE UNDERWRITER bringing practitioners together virtually. We are Goldman Sachs Philanthropy Fund fortunate to serve so many of you who strive for excellence in the practice of law. phone 512.475.6700 ■ www.utcle.org/conferences/NP21/signup ■ fax 512.475.6876 38TH ANNUAL NONPROFIT ORGANIZATIONS INSTITUTE January 20–22, 2021 ■ Live Webcast Earn up to 13.50 Hours of Credit Including 1.00 Hour of Ethics Credit Specialization Credit Approved for: Estate Planning and Probate Law, Tax Law Times listed are Central Standard WEDNESDAY MORNING, JAN. 20, 2021 MASTER CLASS A: DISCUSSION A3: FUNDRAISING AND GIFT BREAKOUTS (Select One) ACCEPTANCE Presiding Officers: Tomer Inbar, Patterson Belknap Webb & A1: INVESTMENT FIDUCIARY ISSUES 11:40 a.m. .75 hr Tyler LLP, New York, NY Fundraising, Gift Acceptance, and Donor Megan E. Bell, Patterson Belknap Webb 11:40 a.m. .75 hr & Tyler LLP, New York, NY Relations: Now vs. Before The Essential Elements of a Fiduciary’s As a result of the pandemic, nonprofits have been Duties in Managing a Charity’s Investment forced to creatively adapt fundraising models and 8:15 a.m. Welcoming Remarks Portfolio and Advanced Considerations ways to connect to donors. Discuss how the rapid During Economically Challenging Times pivot in fundraising has challenged the nonprofit’s 8:30 a.m. 1.25 hrs Understand the essential elements of the fiduciary ability to respond to constantly-changing COVID-19 restrictions, complex regulatory regimes, donor Nonprofit Sector Update, Part I duties applicable to the management of a charitable organization’s investment portfolio, fatigue and completely novel approaches that push Hindsight is 2020! Reflect on the wild year that was, legal and tax boundaries. and how it affected nonprofits. Turning the page, including under the Uniform Prudent Management of Institutional Funds Act, and explore advanced Jonathan S. Blum, Polsinelli PC, Dallas, TX hear about the outlook for tax legislation affecting Sara Hall, ALSAC/St. Jude Children's Research considerations arising during economic downturns. the nonprofit sector in the 117th Congress and the Hospital, Memphis, TN current regulatory environment. Also explore the Being prepared for an economic downturn impact of the new Supreme Court majority on tax involves unique considerations for the fiduciaries A4: BANKRUPTCY AND statutes and regulations, and what that may mean responsible for overseeing a charity’s investment RESTRUCTURING for nonprofits now and for many years to come. portfolio. Delve into common real world scenarios and practical considerations, including borrowing Christopher Arneson, U.S. Senate Committee on Finance, Washington, DC from endowments or otherwise restricted funds 11:40 a.m. .75 hr Alexander L. Reid, Morgan, Lewis & Bockius LLP, and temporarily adjusting appropriations from Washington, DC endowments. Bankruptcy and Restructuring Kathleen (Katie) Gerber, Thompson & Knight LLP, Practical considerations for nonprofits impacted by 9:45 a.m. 10-Minute Break Dallas, TX their own financial distress or the financial distress Danika Hudik Mendrygal, Mendrygal Law, PLLC, of key partners (including donors, suppliers, and Dallas, TX 9:55 a.m. 1.00 hr contract counterparties). Brian P. Guiney, Patterson Belknap Webb & Tyler LLP, MASTER CLASS A: Governance and Fiduciary A2: GENERAL/STATE LAW New York, NY Issues for Charitable Organizations in the FIDUCIARY ISSUES Jeffrey E. Sher, Fizer Beck, Houston, TX Age of Crisis This panel will consider prudent nonprofit decision- 12:25 p.m. Break for Lunch 11:40 a.m. .75 hr making in a period of crisis such as the COVID-19 Presentations resume at 12:55 p.m. pandemic. Topics include the decision-making Governing in Crisis Mode: General/State Law boundaries between and among the board, Fiduciary Issues MASTER CLASSES AND DISCUSSION BREAKOUT PRESENTATIONS board committees, and management; the role of An internal crisis such as a finance director formal delegations of authority to manage rapidly embezzling millions or an external crisis such We want to help you make the most of your time changing circumstances; the use of enhanced as a global pandemic can create extremely with us online this year! This year’s virtual program endowment draws, lines of credit, furloughs, cash- is uniquely designed to offer multiple “Master challenging conditions for nonprofit organizations. Classes”, providing high-level information, context flow analyses, and iterative budgeting to manage Directors and officers must maintain fiduciary duty and perspective on the key topics affecting nonprofit shut-downs and other revenue challenges; the obligations as they govern through the crises. organizations. Then, we invite you to join us in one establishment and maintenance of morale and of several concurrent breakout presentations that Review applicable fiduciary duties and hear tips for will dig deeper into specific areas and allow for good will among staff, board members and other stewarding your organization through the storm. interaction and discussion with conference faculty and attendees. volunteers; and the reassessment of policies and Susan K. Staricka, Staricka Law, PLLC, Austin, TX procedures in anticipation of the next crisis. Nicola Fuentes Toubia, Fuentes Toubia, PLLC, Katherine Karl, The Humane Society of the United Houston, TX CAN’T BE IN TWO PLACES AT ONCE? States, Washington, DC NO PROBLEM. John Sare, Patterson Belknap Webb & Tyler LLP, New We know you can’t be in two places at once, and with York, NY so many options for great information, we’ve got James P. Joseph, Arnold & Porter Kaye Scholer LLP, you covered. Conference registration includes the Washington, DC course materials for all presentations, even the ones you can’t attend. In addition, the eConference— 10:55 a.m. 45-Minute Break including papers, slides, audio and CLE credit in TX and CA—will be available in "Your Briefcase" within 4–6 weeks after the conference. phone 512.475.6700 ■ www.utcle.org/conferences/NO21/signup ■ fax 512.475.6876 WEDNESDAY AFTERNOON B3: COMPENSATION 10:10 a.m. 1.00 hr MASTER CLASS C: Commerciality Presiding Officer: 2:10 p.m. .75 hr Megan E. Bell, Patterson Belknap Webb How are non-profits intersecting with & Tyler LLP, New York, NY Compensation Pitfalls and Traps corporations and capital markets in new ways (via Examine both common and complex issues in limited partnerships, joint ventures, investments nonprofit compensation, including establishing and platforms to aggregate capital) designed 12:55 p.m.