Event Description
Leaders Impacting the Nonprofit
Community (LINC) CLE
Series
When:
4
Sessions -
March 17, March 31, April 14 and April 28
Time:
2:00 p.m. to 5:00 p.m.
for each session
Where:
HCBA, 600 Nicollet Mall, Suite 390, Minneapolis, MN 55402. Remote participation option
available.
Lawyers are often called upon to serve on
nonprofit boards, and while they bring strong skills in many areas and the
desire to make a difference, they often lack the background and formal training
needed to contribute effectively as nonprofit volunteer leaders.
The Hennepin County Bar Association has
developed the LINC (Leaders Impacting the Nonprofit Community) program to
provide volunteer lawyers with training in nonprofit governance and an
introduction to legal issues commonly faced by nonprofits. The skills you
acquire from LINC training will be applicable to positions of leadership on
nonprofit boards and committees, including associations, faith communities, and
community based nonprofits. The training will not only provide information
that every person serving on a nonprofit board should know to uphold his or her
fiduciary duties, but also an opportunity to focus on issues that uniquely
impact lawyers serving on nonprofit boards.
The program was originally created by the
HCBA in 2005. It is offered every other year and over the last 15 years LINC has
been honed into an engaging, thorough four-session program. This year we are
trying something new and concluding the sessions with a 1-hour Ask the Lawyer
session with a panel of our experts. Make sure to keep track of any questions
that weren’t answered throughout the sessions, and bring any burning new
ones!
This experience is meant for any attorneys
that are curious to explore the potential of serving on a nonprofit board or for
attorneys that already serve and would like to expand their understanding of the
nuances that can be involved when serving as an attorney. Participants who
attend all four sessions will earn a total of 10 (9 Standard, 1 Ethics) MBCLE
credits.
Agenda:
SESSION 1: Thursday, March
17
2:00 p.m. – 3:30 p.m. Nonprofit Corporate
Governance/Role of a Board Member
1.5 Standard Credits | Speaker:
Jess Birken, Birken Law Office, PLLC
Governing well is essential for strong nonprofits to work efficiently and
effectively to address the needs of our communities. Learn the basics of
board structure and governance as well as current best practices and trends in
effective nonprofit board leadership. We will discuss the role of board
members in governing an organization rather than managing the day-to-day affairs
of the organization, delegation of authority and how the board should
communicate with the organization’s managers.
3:30 p.m. – 4:00 p.m. Networking Break
4:00 p.m. – 5:00 p.m. Ethics of Serving on a Nonprofit
Board
1.0 Ethics Credits | Speaker:
Mackenzie McNaughton, Dorsey & Whitney LLP
A lot is expected of lawyers serving on nonprofit boards – often much more
than a lawyer can provide without running afoul of his/her commitment to
professional ethics. This session explores the convergence of and conflicts
arising from lawyers’ professional duties and the duties required of nonprofit
board members.
Participants will be cued to revisit their professional duties – to safeguard
client property, maintain confidences, avoid conflicts of interest, deal
honestly, and refuse to take advantage of the client – in the context of a
nonprofit director’s duties of care, loyalty, and obedience.
Hypotheticals
based on actual cases will be utilized to lead participants through potential
situations they may encounter while serving on nonprofit boards and the pros and
cons of various action steps that might be taken. The session will also explore
the question of who the client really is, when a lawyer is assisting a nonprofit
on whose board he/she serves, and what to consider when you are serving both as
a director on a nonprofit board and as its counsel.
SESSION 2: Thursday, March 31
2:00 p.m. – 3:00 p.m. Restricted Gifts and
Endowments
1.0 Standard Credits | Speaker:
Angela Fogt, Faegre Drinker Biddle & Reath LLP
Charities receiving charitable contributions have legal duties related to
managing, investing and spending those contributions. In this session you
will learn about important issues to consider in receiving charitable
contributions, especially contributions with restrictions such as gifts that are
endowed by the grantor. We will discuss the Uniform Prudent Management of
Institutional Funds Act and how it impacts a charity’s management and investment
of all institutional funds as well as the limitations it places on the use of
endowment funds. We also will discuss the important distinctions between
donor restricted funds and board restricted funds.
3:00 p.m. – 3:30 p.m. Networking Break
3:30 p.m. – 5:00 p.m. Overview of the Law of Tax Exempt
Organizations
1.5 Standard Credits | Speaker:
Emmett Robertson, Rubric Legal LLC
When most people think of nonprofit organizations, they think of 501(c)(3)
organizations. However, not all nonprofits are charities, or even tax
exempt! There are currently 29 different types of organizations listed in
Section 501 of the Internal Revenue Code, and numerous other exemptions that
appear elsewhere. Tax exempt organizations are subject to significant
amounts of restrictions and proscriptions on their behavior, based on the type
of organization, the relative amount of tax benefits that type of organization
receives, and how much we “value” that benefit. Greater amounts of tax
benefits = greater amount of regulation on activities and operations. This
presentation will give an overview of the common characteristics of many types
of tax exempt organizations, with a primary focus on 501(c)(3)s.
SESSION 3: Thursday, April 14
2:00 p.m. – 3:00 p.m. Lobbying and Advocacy
1.0 Standard Credits | Speaker: Marie Ellis, Public Policy
Director, Minnesota Council of Nonprofits
Due to the current social and political
climate, many nonprofit boards are considering how they can best achieve their
missions and support the communities they serve. This presentation
will provide an overview and specific examples on the types of issues most
nonprofits need to consider in order to manage the risks that exist with
engaging in advocacy activities, particularly during these times when
organizations may be expanding their advocacy and lobbying work.
3:00 p.m. – 3:30
p.m. Networking Break
3:30 p.m. – 5:00 p.m. Nonprofit Financial Literacy and
Competency
1.5 Standard Credits | Speakers: Maria Schwingler, CPA,
Audit Partner, Eide Bailly and Hannah Horn, CPA, Audit Manager, Eide
Bailly
The core “duty of care” that is required of nonprofit board members assumes
that board members will be good stewards of the nonprofit’s finances.
Unfortunately, many lawyers will privately – and sometimes publicly – admit to a
fundamental lack of understanding of nonprofit finance. Gaining comfort with the
numbers side of nonprofit board service is essential for lawyers who aim to
adhere to their duties under the law and who aspire to exemplary board
service. Topics include budgeting, and budget oversight, financial
statements, restricted vs. unrestricted funds, and 990s.
SESSION 4: Thursday, April 28
2:00 p.m. – 3:00 p.m. Employment Law for
Nonprofits
1
Standard Credits | Speaker: Rebecca Bernhard, Dorsey & Whitney LLP
Not-for-profit corporations with employees must comply with the same federal,
state and local laws to which all employers are subject. And
not-for-profits are subject to the same types of litigation, with the potential
of jury verdicts granting substantial damage awards. This session will
consider a broad range of employment issues with the goal of providing an
understanding of the most essential laws applicable to not for profit, tax
exempt employers.
3:00 p.m. – 3:30 p.m. Fundraising
0.5 Standard Credits | Speaker:
Jess Birken, Birken Law Office, PLLC
Lawyers on nonprofit boards are quickly confronted with expectations related
to making contributions to the nonprofit they serve and raising funds from other
individuals and organizations. Lawyers can struggle with these expectations –
both in reconciling them with professional ethics and business relationships,
and in feeling comfortable in the fundraising realm. Topics covered
include multistate fundraising, commercial co-ventures, charitable gambling,
sponsorships, and silent auctions.
3:30 p.m. – 4:00 p.m.
Networking Break
4:00 p.m. – 5:00 p.m. Ask the Lawyer
1.0 Standard Credits | Panel,
TBD
Total CLE Credits for
Series:
10 (9
Standard, 1 Ethics) MBCLE credits approved | Event Code: 292808
Cost:
HCBA Member: $249.00
Non-HCBA Member: $399.00
Remote participation is available. Please indicate
this option when registering. Remote instructions will be emailed to you the day
prior to each session.
*Non-member cancellations must be received 7 days prior to
the event in order to be eligible for a refund. The cost of materials will be
deducted from total amount of the refund. Non-members registering for an event
fewer than 7 days prior to the event will be ineligible for a refund.
Thanks to the
2022 LINC Program Co-Chairs:
Mackenzie McNaughton, Dorsey
& Whitney LLP
Emmett Robertson,
Rubric Legal LLC
To register with a check, please mail in this registration
form.
Need to cancel? Please see our cancellation
policy.
Questions? Contact Tram Nguyen | 612-278-6316
Deadline to
Register: Thursday, March 10,
2022
The HCBA is committed to creating an inclusive
environment in which all members can participate fully. If you need reasonable
accommodations to participate in this event, please notify Tram Nguyen via
612-278-6316 or email: tnguyen@mnbars.org.
Please provide notification at least 72 hours prior to the meeting to allow
sufficient time to make arrangements for accommodations.