Insights on Nonprofits & Associations

Nonprofit organizations often maintain significant cash balances for operations, reserves, and restricted gifts. When those amounts exceed available deposit insurance limits, uninsured deposits can raise important legal and operational considerations.

ArentFox Schiff is pleased to announce that 125 attorneys have been recognized by The Best Lawyers in America 2027, with two attorneys highlighted as “Lawyers of the Year” and 36 attorneys listed as “Ones to Watch.”

Can your association board and senior leadership team answer these seemingly straightforward questions: “Where are our most important contracts, and is someone tracking what they require?” For many associations, the honest answer is that contract management happens in pieces across departments, in response to questions, and without dedicated trade association legal counsel weighing in until a problem surfaces.

A recent California Superior Court decision against Kars4Kids, the charity known for its memorable advertising jingle, demonstrates the significant risks that charities can face if their solicitations are found to be misleading.

On May 29, the Office of Management and Budget (OMB) and over 40 federal agencies jointly issued a proposed rule that would significantly change the government-wide framework for grants and cooperative agreements and clarify that what is currently called “guidance” will, as amended, be a binding regulation.

The False Claims Act (FCA) is the single-most powerful tool for rooting out fraud against the US government, and any nonprofit that receives federal funds should ensure compliance is integrated into its programs to avoid the severe penalties that can come with FCA violations.

Federal and state regulators have intensified scrutiny of collaborative industry initiatives designed to address sustainability commitments. A series of enforcement actions, warning letters, and litigation assert that these initiatives violate the antitrust laws.

The healthcare group purchasing industry continues to provide critical market savings to hospitals, nursing homes, and medical practices throughout the United States – even as a panoply of issues place undue strain on healthcare supply chains – according to the 20th Annual Report of the Healthcare Group Purchasing Industry Initiative (HGPII).

ArentFox Schiff is pleased to announce that Nonprofits & Associations Industry Group Co-Leader Brian D. Schneider has been recognized by RISMedia as an industry influencer for their 2026 Real Estate Newsmakers honoree list.

The Internal Revenue Service (IRS) recently finalized new procedures for section 501(c) organizations to obtain and maintain group exemption letters and, after more than five years of suspension, resumed accepting applications for new group exemption letters.

AFS counsel James Fahy has been selected to serve as a juror for the 2026 Opus Prize in collaboration with DePaul University.

In an update earlier last year, we highlighted the ongoing legal developments in connection with key cases surrounding the London InterBank Offered Rate (LIBOR) manipulation scandal with respect to a pending United Kingdom (UK) Supreme Court hearing.

As 2026 begins, nonprofit and association leaders face a legal landscape defined by heightened scrutiny, uneven funding conditions, rapid technological change, and continued uncertainty in policy direction.

In the midst of a record-setting government shutdown, partisan divisions are deep, and legislating can appear zero-sum.

ArentFox Schiff has been awarded 62 top rankings in the 2026 edition of Best Law Firms®, which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

On September 30, the Internal Revenue Service (IRS) and US Department of Treasury released their 2025-2026 Priority Guidance Plan, outlining the topics they intend to prioritize for formal guidance in the upcoming fiscal year. The Plan addresses several topics that may impact tax-exempt organizations.

On September 25, President Trump directed federal agencies to investigate and prosecute organizations and individuals that engage in “acts of political violence.”

On August 28, President Trump directed federal agencies to investigate the use of federal grant funds where taxpayer funds are being spent on “grants with highly political overtones,” noting that “possible use of Federal grants as slush funds for political and legislative advocacy raises serious legal concerns.”

In a recent alert, we highlighted the United Kingdom (UK) benchmark manipulation cases of Tom Hayes and Carlo Palombo from 2015 and 2019, respectively. Hayes was the first banker to be jailed in the LIBOR scandal.

ArentFox Schiff is pleased to announce that 132 attorneys have been recognized by The Best Lawyers in America 2026, with two attorneys highlighted as “Lawyers of the Year” and 66 attorneys listed as “Ones to Watch.”

An association’s board often confronts difficult decisions. One that is particularly challenging is whether and how to remove a sitting director.

The US Supreme Court’s recent decision in CASA v. Trump, 606 US ___ (June 27, 2025), sharply limited the ability of individual plaintiffs to obtain nationwide injunctions.

The One Big Beautiful Bill Act introduces substantial changes to federal tax law, including select provisions affecting tax-exempt organizations and charitable contribution deductions for individual and corporate taxpayers.

Running a college has never been an easy job. But as this academic year draws to a close, higher education is experiencing new challenges with potential long-lasting impacts.

On May 22, the US House of Representatives passed H.R. 1, the “One Big Beautiful Bill Act.” This alert highlights the provisions in the Bill that could impact tax-exempt organizations.