39^th Annual

Nonprofit Organizations Institute

PRESENTED BY
The University of Texas School of Law
Philanthropy Southwest

Proceeding as Live Webcast Jan 13-14, 2022
Conference Concluded

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PREMIER SPONSOR

EVENT SPONSORS
Armanino, LLP
Your Part-Time Controller, LLC

INSTITUTE SPONSORS
Adler & Colvin, a Law Corporation
Blazek & Vetterling
Bourland, Wall & Wenzel, P.C.
CLA (CliftonLarsonAllen)
Ernst & Young LLP
Fizer, Beck, Webster, Bentley & Scroggins, PC
Morgan Stanley Graystone Consulting
Northern Trust Foundation & Institutional Advisors
Polsinelli PC

UNDERWRITER
Goldman Sachs Philanthropy Fund

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Overview

Don’t miss the 39th Annual Nonprofit Organizations Institute—now as a live webcast—featuring nationally recognized experts from private foundations, public charities, law, finance, and government discussing the latest tax, legislative and governance issues affecting nonprofit organizations.

The Institute offers in-depth discussion on the issues most relevant to your organization or practice, with two days of presentations, targeted tracks, and opportunities to attend small-group "master classes" for a deeper dive on key topics.

Join a day early for the Nonprofit Organizations Fundamentals Workshop—a perfect overview for new entrants and seasoned practitioners in the field. The Workshop provides focused attention on core issues for both private foundations and charitable organizations, as well as multiple small-group opportunities to walk through practical tips and advice, and to ask questions of experts and colleagues.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Day 1 January 13, 2022
Day 2 January 14, 2022

Time

Credit

Subject

Speaker
Thursday Morning, Jan. 13, 2022
Presiding Officer:
Tony Fundaro, Philanthropy Southwest - Dallas, TX
8:15 am

Welcoming Remarks
8:30 am

1.00 hr

A View of the Sector

Kick off the conference with a rollercoaster ride through the good, the bad, and the ugly of recent legislative, regulatory, and judicial developments affecting exempt organizations. Presenters share their observations of recent notable trends in the sector, including disclosure of donors to state regulators, new investment vehicles, donor advised funds, tax reform, and much more. Come prepared for heart-stopping thrills!

Rosemary E. Fei, Adler & Colvin - San Francisco, CA
Alexander L. Reid, BakerHostetler - Washington, DC
9:30 am

10-Minute Break
9:40 am

1.00 hr

The Nonprofit Sector in the Age of COVID-19: Challenges, Opportunities and Responses

Review some of the strategies that nonprofit organizations have used to mitigate the disruption in their governance, finances, programs and operations during the pandemic. Topics will include: (i) revisiting mission statements and charitable purposes; (ii) revisiting age-old tensions between current payout and “rainy day” endowment funds; and (iii) managing attrition, recruitment/retention, and remote workforce issues. We will also suggest a possible silver lining of 2020—grant-makers’ use of increasingly creative, efficient and flexible approaches to ensure mission-critical support to those in need (PRIs, individual grants, disaster relief grants, etc.).

Diara M. Holmes, Loeb & Loeb LLP - Washington, DC
Michelle Michalowski, PwC - Washington, DC
Andrew Schulz, New Venture Fund - Washington, DC
10:40 am

10-Minute Break
CONCURRENT TRACKS
TRACK A: In Times of Crisis: Governance and Investing
Presiding Officer:
Kay Walther, Blazek & Vetterling - Houston, TX
10:50 am

0.75 hr

Governance in a Time of Crisis

This panel will cover both proactive steps to prepare an organization for crisis and practical guidance for navigating through a crisis. Topics will include fiduciary issues, the tools available to allow board members and officers to exercise their fiduciary duties, the role of the board and management during a crisis, and challenging decisions involving funding and endowment management.

Katherine Karl, The Humane Society of the United States - Washington, DC
Justin Zaremby, Patterson Belknap Webb & Tyler LLP - New York, NY
11:35 am

5-Minute Break
11:40 am

0.75 hr

Investing in a Time of Crisis

Turmoil in the Capital Markets caused by economic dislocations like the Covid Pandemic can create stress on the investment portfolios of Nonprofit organizations, but can also create opportunities if cool heads can prevail.

Kathleen (Katie) Gerber, Holland & Knight LLP - Dallas, TX
Norman E. Nabhan, Graystone Consulting - Houston, TX
12:25 pm

Break for Lunch—Presentation Resumes at 12:55 p.m.
TRACK B: COVID-19 Employment Issues / Activities and Events
Presiding Officer:
Nicola Fuentes Toubia, Fuentes Toubia, PLLC - Houston, TX
0.75 hr

(10:50 a.m.) Employment Issues and the Pandemic

Discuss employment law and tax considerations for remote workforces; plus, a brief overview of other important considerations for employers during the pandemic.

E. Pierce Blue, Morgan, Lewis & Bockius LLP - Washington, DC
Kenneth Hausser, Ernst & Young LLP - Iselin, NJ
(11:35 a.m.) 5-Minute Break
0.75 hr

(11:40 a.m.) Business as Usual?: The Legal Challenges with In-Person Activities and Events

As force majeure meeting, conference, and event terminations have become virtually impossible anymore, and as nonprofits move ahead with their 2022 events with an expectation of significantly reduced attendance and with COVID still very much a factor, explore how to mitigate your organization’s contractual and liability risks in connection with your in-person and hybrid events. From attrition penalties to vaccine mandates (and exceptions) to COVID protocols to contracting for your and your clients’ future meetings and conferences, this session will offer real-time, practical advice and guidance, best practices, and suggestions for dealing with the daunting challenges inherent in your 2022 events.

Lawrence Mendenhall, American Academy of Ophthalmology and AAO Foundation - San Francisco, CA
Jeffrey S. Tenenbaum, Esq., Tenenbaum Law Group PLLC - Washington, DC
(12:25 p.m.) Break for Lunch—Presentation Resumes at 12:55 p.m.
MASTER CLASS: Disaster Relief Organizations
1.50 hrs

(10:50 a.m.) MASTER CLASS: Disaster Relief Funds: An Overview of Potential Structures, Related Tax Issues, and Practical Considerations

An in-depth review of the structures available to house a charitable disaster relief fund, including a 501(c)(3) organization, a fund at a larger charity (such as a community foundation), and other outsourced options. Discuss legal structure and impact, tax implications, and practical considerations, with a particular focus on employer-related funds. Staff from the Greater Houston Community Foundation will share their expertise in administering employer-related funds, and also share insights from their role with city-wide relief in recent years.

Stephanie Blair, Greater Houston Community Foundation - Houston, TX
Danika Hudik Mendrygal, Mendrygal Law, PLLC - Dallas, TX
Nadia Valliani, Greater Houston Community Foundation - Houston, TX
(12:25 p.m.) Break for Lunch—Presentation Resumes at 12:55 p.m.
Thursday Afternoon, Jan. 13, 2022
Presiding Officer:
Megan E. Bell, Morgan, Lewis & Bockius LLP - New York, NY
LUNCHEON PRESENTATION
12:50 pm

THANK YOU TO OUR SPONSOR
12:55 pm

0.75 hr

Keynote Luncheon Presentation: A Conversation with Brittany K. Barnett

Hear attorney, author, and entreprenuer, Brittany K. Barnett, discuss her experience and advice for others as a founder of two nonprofit organizations, as pro bono counsel representing clients incarcerated in federal prison, and as founder of social enterprises devoted to providing supports and resources to formerly incarcertated individuals.

Moderator:
Elizabeth Henneke, Lone Star Justice Alliance - Austin, TX
Panelist:
Brittany K. Barnett, Buried Alive Project and Girls Embracing Mothers, Inc. - Dallas, TX
1:40 pm

15-Minute Break
1:55 pm

1.00 hr

GC Roundtable: Diversity, Equity and Inclusion

Panelists will discuss how they navigate the many legal issues that arise in the pursuit of diversity, equity and inclusion both in the US and overseas.

Moderator:
Megan E. Bell, Morgan, Lewis & Bockius LLP - New York, NY
Panelists:
Ricardo A. Castro, International Rescue Committee - New York, NY
Nishka Chandrasoma, Ford Foundation - New York, NY
Christie Yang, Walton Family Foundation - Washington, DC
2:55 pm

20-Minute Break
CONCURRENT TRACKS
TRACK C: DEI and Charitability / ESG Investing
Presiding Officer:
Megan E. Bell, Morgan, Lewis & Bockius LLP - New York, NY
3:15 pm

0.75 hr

Charitability and Section 1981

Understand the legal guardrails for grants and PRIs that – in an effort to advance diversity and inclusion – prioritize or limit eligibility on the basis of race or other protected characteristics. Discuss the pros and cons of race-exclusive grantmaking and PRIs, as well as ways to mitigate the risk of a claim under anti-discrimination laws when making race-conscious grant and investment decisions.

Emily Cuneo DeSmedt, Morgan, Lewis & Bockius LLP - Princeton, NJ
Joshua J. Mintz, John D. and Catherine T. MacArthur Foundation - Chicago, IL
4:00 pm

5-Minute Break
4:05 pm

0.75 hr

ESG Investing

Environmental, social and governance (ESG) and impact investing continues to grow from a field of interest to a robust investment discipline. This discussion will demystify the broad ESG investing landscape and provide insights on effective and actionable ways to incorporate ESG and impact investing into nonprofit portfolios, including both legal and investment perspectives.

Nancy E. McGlamery, Adler & Colvin - San Francisco, CA
Abigail Pohlman, Goldman Sachs - New York, NY
4:50 pm

10-Minute Break
TRACK D: Activism and Engagement / Employers and DEI
Presiding Officer:
Karey Dubiel Dye, Goldman Sachs Philanthropy Fund - Houston, TX
0.75 hr

(3:15 p.m.) Activism and Engagement

Private foundations can and do play a significant role in funding strong advocacy and the development of more equitable communities. Discussions will cover an overview of laws that impact foundation support of advocacy; the use of general operating, special purpose and expenditure responsibility grantmaking to help all types of organizations pursue civic engagement; the ways foundations can support community engagement beyond funding; and specific initiatives where foundations are engaging in advocacy and evaluating their own grantmaking practices in an effort to build communities that support all people.

Jen Powis, Alliance for Justice - Houston, TX
Tim Racer, Ewing Marion Kauffman Foundation - Kansas City, MO
(4:00 p.m.) 5-Minute Break
0.75 hr

(4:05 p.m.) Data and Measurement: The Secret to Intentional and Impactful DEI Initiatives

Data-based DEI approach is key for long-term, systemic transformation. Explore best practices on how to move the needle in DEI and discuss actionable interventions, measurement, benchmarking, and more. Learn how nonprofit leaders must intentionally leverage all three parts of diversity, equity, and inclusion in order to bring about lasting change.

Starlett (Star) Carter, Kanarys, Inc. - Dallas, TX
(4:50 p.m.) 10-Minute Break
MASTER CLASS: Anatomy of a Grant Agreement
1.50 hrs

(3:15 p.m.) MASTER CLASS: Anatomy of Grant Agreement

Review the key components of a grant agreement, including provisions unique to private foundations, considerations for advocacy organizations, and how to structure grants to fiscal sponsors, non-charitable organizations, and individuals. Expect practical advice from the perspective of both the grantor and the grantee, a lively discussion, and sample language.

Vanessa Goodwin, Arnold Ventures LLC - Houston, TX
Kristy Bernard Tsadick, The William and Flora Hewlett Foundation - Menlo Park, CA
(4:50 p.m.) 10-Minute Break
5:00 pm

1.00 hr ethics

Professional Opinions and Tax-Exempt Organizations

There are different types and reasons for opinions: comfort (e.g., it’s exempt from UBIT, it’s a program-related investment), contractual condition (e.g., required for a bond offering), escape hatch (e.g., right to terminate joint venture if counsel opines that tax-exempt status is at risk), proper tax reporting (e.g., 990 and 1023EZ), and, the one our clients are often most concerned with, penalty protection (e.g., reliance on a reasoned written legal opinion of counsel – IRC 4941, 4944, 4945, 4958). Address the legal, ethical, comical and practical considerations involved in assessing the need for an opinion, how to arrive at any given “comfort level,” and how much (or little) it takes for a written legal opinion to be “reasoned.”

Ofer Lion, Seyfarth Shaw LLP - Los Angeles, CA
LaVerne Woods, Davis Wright Tremaine LLP - Seattle, WA
6:00 pm

Adjourn
6:15 pm

Networking Event in Zoom (6:15 p.m. – 7:00 p.m.)

Join us in Zoom for a fun opportunity to reconnect and network with faculty and colleagues.

Time

Credit

Subject

Speaker
Friday Morning, Jan. 14, 2022
Presiding Officer:
Joyce Hellums, Ernst & Young LLP - Austin, TX
8:55 am

Morning Announcements
9:00 am

Bruce R. Hopkins Remembrance and Dedication

We dedicate this year's conference to Bruce R. Hopkins, whose involvement and commitment to this program was instrumental in its success for many years.
9:10 am

0.75 hr

Texas Legislative and Public Policy Update

Challenges and disasters of all sorts kept the leadership of the 2021 Texas Legislature chasing solutions for a rapidly-changing state. Nonprofit entities increasingly partner with governments in policy and program development. A veteran observer reviews legislative, regulatory and policy trends that made news.

Richard W. Meyer, Attorney at Law - Austin, TX
9:55 am

10-Minute Break
10:05 am

1.00 hr

Commercial/Market Based Approaches to Impact Intervention

Impact and profit are not mutually exclusive; indeed, the lines between investment and impact continue to blur. Investments can have impact-like results, and grants can have investment-like results. Discuss the variety of commercial, market-based options exempt organizations (and their funders) should have in mind as they pursue their missions.

Ruth M. Madrigal, KPMG LLP - Washington, DC
John Tyler, Ewing Marion Kauffman Foundation - Kansas City, MO
11:05 am

10-Minute Break
CONCURRENT TRACKS
TRACK E: Lifecycle of Private Foundation Engagement
Presiding Officer:
Lucille DiDomenico, DiDomenico Group - Dallas, TX
11:15 am

0.75 hr

Lifecycle of Private Foundation Engagement and Compliance Concerns: PART 1

A practical guide to navigating the Chapter 42 excise tax regime from a legal and accounting perspective. Comprehensively review the rules applicable to private foundations and common traps for the unwary. Discuss issues to consider and share with persons considering creation of a new foundation. Gain insight to ensure compliance in the areas of complex grant-making, direct programmatic activities and investing. Understand the reporting and excise tax implications of violations.

Joel Beck-Coon, Humanity United - San Francisco, CA
Jody Blazek, Blazek & Vetterling - Houston, TX
Emiliano Martinez, Chan Zuckerberg Initiative - Redwood City, CA
Maura L. Whelan, Simpson Thacher & Bartlett LLP - New York, NY
12:00 pm

5-Minute Break
12:05 pm

0.75 hr

Lifecycle of Private Foundation Engagement and Compliance Concerns: PART 2
12:50 pm

Break for Lunch—Presentation Resumes at 1:20 p.m.
TRACK F: Lifecycle of Public Charity Engagement
Presiding Officer:
Joyce Hellums, Ernst & Young LLP - Austin, TX
0.75 hr

(11:15 a.m.) Lifecycle of Public Charity Engagement: PART 1

Gain insight into the spectrum of public charity representation, from structuring a new public charity through terminating its existence. Explore strategies for addressing common tax and legal issues faced by public charities throughout their life cycles, including meeting the public support test, managing and minimizing unrelated business income tax, avoiding intermediate sanctions and prohibited private benefit and inurement, facing Form 990 reporting challenges, and structuring transactions with taxable organizations and insiders.

Stephen M. Clarke, Ernst & Young LLP - Washington, DC
Elinor Ramey, Steptoe & Johnson LLP - Washington, DC
Chelsea R. Rubin, Morgan, Lewis & Bockius LLP - Washington, DC
Bridget M. Weiss, Arnold & Porter Kaye Scholer LLP - Washington, DC
(12:00 p.m.) 5-Minute Break
0.75 hr

(12:05 p.m.) Lifecycle of Public Charity Engagement: PART 2
(12:50 p.m.) Break for Lunch—Presentation Resumes at 1:20 p.m.
MASTER CLASS: Alternative Structures
1.50 hrs

(11:15 a.m.) MASTER CLASS: The Tapestry of Strategically (and Legally) Using Commercial Enterprises to Achieve Charitable Ends

Opportunities for exempt organizations to work with and through market-oriented enterprises and interventions to pursue their charitable purposes are increasing. Doing so involves a variety of factors and attention to the pros and cons of different approaches. Strategically balancing charitability, private benefit, tax considerations, structures and forms, licensing, data, decision-making, assessments, and more are among the inter-related threads that run through these approaches. Instead of hanging loosely, these threads together create a tapestry of strategic decisions and opportunities. This master class focuses on how these considerations fit together.

Laura E. Butzel, Patterson Belknap Webb & Tyler LLP - New York, NY
Tomer Inbar, Morgan, Lewis & Bockius LLP - New York, NY
(12:50 p.m.) Break for Lunch—Presentation Resumes at 1:20 p.m.
Friday Afternoon, Jan. 14, 2022
Presiding Officer:
Mia Hsu Burton, Michael & Susan Dell Foundation - Austin, TX
LUNCHEON PRESENTATION
1:15 pm

THANK YOU TO OUR LUNCH PRESENTATION SPONSOR
1:20 pm

0.75 hr

Ask the Experts

Gain insight on key issues and common challenges facing public charities and private foundations and share your own questions with conference faculty and fellow colleagues in this interactive session.

Hillary Bounds, Gates Ventures - Seattle, WA
John Sare, Patterson Belknap Webb & Tyler LLP - New York, NY
Nicola Fuentes Toubia, Fuentes Toubia, PLLC - Houston, TX
2:05 pm

20-Minute Break
CONCURRENT TRACKS
TRACK G: DAFs / Advanced Issues in Fundraising
Presiding Officer:
Mia Hsu Burton, Michael & Susan Dell Foundation - Austin, TX
2:25 pm

0.75 hr

Donor Advised Funds: Past, Present and Future

This session will provide an overview of donor advised funds (DAFs) and their uses, both common and creative; recent litigation on the relationship between donors and DAFs; and proposed legislation and IRS guidance that could affect DAFs in the future.

Dahlia B. Doumar, Patterson Belknap Webb & Tyler LLP - New York, NY
Justin J. Lowe, Ernst & Young LLP - Washington, DC
3:10 pm

5-Minute Break
3:15 pm

0.75 hr

Advanced Issues in Fundraising

With the effects of the novel coronavirus, nonprofits were forced to adapt and invent novel methods of fundraising. Evaluate the practical and technical implications of the changes and trends affecting the fundraising landscape.

Meghan R. Biss, Caplin & Drysdale, Chartered - Washington, DC
Jonathan S. Blum, Polsinelli PC - Dallas, TX
4:00 pm

Adjourn
TRACK H: Non-Charitable Entities / Affordable Housing Case Study
Presiding Officer:
Andrea L. March, Texas Rio Grande Legal Aid - Austin, TX
0.75 hr

(2:25 p.m.) Utility of Non-Charitable Entities

Sometimes, changing the world requires philanthropist to use more entities than just public charities and private foundations. Explore the use 501(c)(4) organizations and other tax-exempt, non-charitable entities, as well as LLCs, taxable nonprofits, and foreign affiliates. Understanding the pros and cons of these various entities, along with the impact they will have on a related entity’s external financial reporting, and a potential donor’s tax.

James P. Joseph, Arnold & Porter Kaye Scholer LLP - Washington, DC
Kay Walther, Blazek & Vetterling - Houston, TX
(3:10 p.m.) 5-Minute Break
0.75 hr

(3:15 p.m.) Case Study on Charitability, Structure and Compliance: Affordable Housing

Few charitable activities can be as complex and challenging as affordable housing. Charities that develop and maintain affordable housing (and their funders) must contend with the limitations of traditional definitions of charity in a modern context, as well as the private benefit and other tax implications that flow from complex financing, such as tax credits, capital stacks, and joint ventures. All of this makes for a great study on how charities can innovate to meet crucial needs in a changing world while staying true to 501(c)(3) status, regardless of the issues area.

Edward T. Chaney, Schell Bray PLLC - Chapel Hill, NC
Walter Moreau, Foundation Communities - Austin, TX
(4:00 p.m.) Adjourn
MASTER CLASS: Data Protection and Cybersecurity
1.50 hrs

(2:25 p.m.) MASTER CLASS: Data Protection and Cybersecurity

Learn about the latest cybersecurity threats and trends impacting nonprofits, and actions that can be taken today in furtherance of compliance and in support of the overall data privacy and security mission.

Shawn E. Tuma, Spencer Fane - Plano, TX
(4:00 p.m.) Adjourn

Day 1 January 13, 2022
Day 2 January 14, 2022

Download Schedule

Conference Faculty

Brittany K. Barnett

Buried Alive Project and Girls Embracing Mothers, Inc.
Dallas, TX

Joel Beck-Coon

Humanity United
San Francisco, CA

Megan E. Bell

Morgan, Lewis & Bockius LLP
New York, NY

Meghan R. Biss

Caplin & Drysdale, Chartered
Washington, DC

Stephanie Blair

Greater Houston Community Foundation
Houston, TX

Jody Blazek

Blazek & Vetterling
Houston, TX

E. Pierce Blue

Morgan, Lewis & Bockius LLP
Washington, DC

Jonathan S. Blum

Polsinelli PC
Dallas, TX

Hillary Bounds

Gates Ventures
Seattle, WA

Laura E. Butzel

Patterson Belknap Webb & Tyler LLP
New York, NY

Starlett (Star) Carter

Kanarys, Inc.
Dallas, TX

Ricardo A. Castro

International Rescue Committee
New York, NY

Nishka Chandrasoma

Ford Foundation
New York, NY

Edward T. Chaney

Schell Bray PLLC
Chapel Hill, NC

Stephen M. Clarke

Ernst & Young LLP
Washington, DC

Emily Cuneo DeSmedt

Morgan, Lewis & Bockius LLP
Princeton, NJ

Dahlia B. Doumar

Patterson Belknap Webb & Tyler LLP
New York, NY

Rosemary E. Fei

Adler & Colvin
San Francisco, CA

Kathleen (Katie) Gerber

Holland & Knight LLP
Dallas, TX

Vanessa Goodwin

Arnold Ventures LLC
Houston, TX

Kenneth Hausser

Ernst & Young LLP
Iselin, NJ

Elizabeth Henneke

Lone Star Justice Alliance
Austin, TX

Diara M. Holmes

Loeb & Loeb LLP
Washington, DC

Tomer Inbar

Morgan, Lewis & Bockius LLP
New York, NY

James P. Joseph

Arnold & Porter Kaye Scholer LLP
Washington, DC

Katherine Karl

The Humane Society of the United States
Washington, DC

Ofer Lion

Seyfarth Shaw LLP
Los Angeles, CA

Justin J. Lowe

Ernst & Young LLP
Washington, DC

Ruth M. Madrigal

KPMG LLP
Washington, DC

Emiliano Martinez

Chan Zuckerberg Initiative
Redwood City, CA

Nancy E. McGlamery

Adler & Colvin
San Francisco, CA

Lawrence Mendenhall

American Academy of Ophthalmology and AAO Foundation
San Francisco, CA

Danika Hudik Mendrygal

Mendrygal Law, PLLC
Dallas, TX

Richard W. Meyer

Attorney at Law
Austin, TX

Michelle Michalowski

PwC
Washington, DC

Joshua J. Mintz

John D. and Catherine T. MacArthur Foundation
Chicago, IL

Walter Moreau

Foundation Communities
Austin, TX

Norman E. Nabhan

Graystone Consulting
Houston, TX

Abigail Pohlman

Goldman Sachs
New York, NY

Jen Powis

Alliance for Justice
Houston, TX

Tim Racer

Ewing Marion Kauffman Foundation
Kansas City, MO

Elinor Ramey

Steptoe & Johnson LLP
Washington, DC

Alexander L. Reid

BakerHostetler
Washington, DC

Chelsea R. Rubin

Morgan, Lewis & Bockius LLP
Washington, DC

John Sare

Patterson Belknap Webb & Tyler LLP
New York, NY

Andrew Schulz

New Venture Fund
Washington, DC

Jeffrey S. Tenenbaum, Esq.

Tenenbaum Law Group PLLC
Washington, DC

Nicola Fuentes Toubia

Fuentes Toubia, PLLC
Houston, TX

Kristy Bernard Tsadick

The William and Flora Hewlett Foundation
Menlo Park, CA

Shawn E. Tuma

Spencer Fane
Plano, TX

John Tyler

Ewing Marion Kauffman Foundation
Kansas City, MO

Nadia Valliani

Greater Houston Community Foundation
Houston, TX

Kay Walther

Blazek & Vetterling
Houston, TX

Bridget M. Weiss

Arnold & Porter Kaye Scholer LLP
Washington, DC

Maura L. Whelan

Simpson Thacher & Bartlett LLP
New York, NY

LaVerne Woods

Davis Wright Tremaine LLP
Seattle, WA

Christie Yang

Walton Family Foundation
Washington, DC

Justin Zaremby

Patterson Belknap Webb & Tyler LLP
New York, NY

Planning Committee

Megan E. Bell—Co-Chair

Morgan, Lewis & Bockius LLP
New York, NY

Joyce Hellums—Co-Chair

Ernst & Young LLP
Austin, TX

Tomer Inbar—Co-Chair

Morgan, Lewis & Bockius LLP
New York, NY

Joanna Jefferson—Director

The University of Texas School of Law
Austin, TX

Jody Blazek

Blazek & Vetterling
Houston, TX

Jonathan S. Blum

Polsinelli PC
Dallas, TX

Mia Hsu Burton

Michael & Susan Dell Foundation
Austin, TX

Tyree Collier

Holland & Knight LLP
Dallas, TX

Michaela J. Cromar

CliftonLarsonAllen LLP
Fort Worth, TX

Lucille DiDomenico

DiDomenico Group
Dallas, TX

Karey Dubiel Dye

Goldman Sachs Philanthropy Fund
Houston, TX

Hillary Evans

Philanthropy Southwest
Dallas, TX

Tony Fundaro

Philanthropy Southwest
Dallas, TX

Andrea L. March

Texas Rio Grande Legal Aid
Austin, TX

Danika Hudik Mendrygal

Mendrygal Law, PLLC
Dallas, TX

Darren B. Moore

Bourland, Wall & Wenzel, P.C.
Fort Worth, TX

Norman E. Nabhan

Graystone Consulting
Houston, TX

Jeffrey E. Sher

Fizer Beck
Houston, TX

Nicola Fuentes Toubia

Fuentes Toubia, PLLC
Houston, TX

Kay Walther

Blazek & Vetterling
Houston, TX

Credit Info

Proceeding as Live Webcast

MCLE Credit

Texas – 13.25 hrs | 1.00 hrs Ethics
Legal Specialization(s): Estate Planning and Probate Law, Tax Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Completion will be emailed to you upon claiming credit. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 13.25 hrs | 1.00 hrs Ethics

To claim California MCLE credit, California credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

MCLE credit is presented based on a 60-minute credit hour.

Oklahoma – 16.00 hrs | 1.00 hrs Ethics

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.

Pennsylvania – 13.00 hrs | 1.00 hrs Ethics

To claim Pennsylvania MCLE credit, Pennsylvania credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks after credit is claimed and submitted. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact us at accreditation@utcle.org if you have additional questions.

MCLE credit is presented based on a 60-minute credit hour.

Other States – 13.25 hrs | 1.00 hrs Ethics

Note on Self-Reporting Your Credits in Another State

If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records and to provide to other licensing authorities as needed.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

MCLE credit is presented based on a 60-minute credit hour.

Other Credit

TX Accounting CPE – 16.00 hrs

The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and are presumptively approved by the Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Proceeding as Live Webcast – Jan 13-14, 2022

Conference Concluded

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Proceeding as Live Webcast

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Last day for cancellation (full refund): Jan 7, 2022

$50 processing fee applied after this date

Last day for cancellation: Jan 10, 2022

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

Morgan, Lewis & Bockius LLP

Since its founding in 1873, Morgan Lewis has represented philanthropists and the nonprofit organizations they create through every major development in the tax law. Our tax-exempt organizations team represents institutions of all kinds—corporate, family and institutional foundations, colleges and universities, hospitals, trade associations, religious organizations, governmental entities, cultural organizations, advocacy groups, and many others—in achieving their objectives.
morganlewis.com
Armanino, LLP

Armanino is the preeminent provider of public accounting services to the nonprofit industry in the U.S. We have been providing industry-leading service to nonprofit organizations for more than 60 years. We have top-tier expertise in the nonprofit industry including servicing over 800 organizations. We combine this depth of expertise with data-driven analytics, KPIs and the right software solutions to help our nonprofit clients meet today’s challenges and better prepare for the future. Armanino provides an integrated set of audit, tax, consulting, and technology solutions to nonprofits in the U.S.
armaninollp.com/industries/nonprofit/
Your Part-Time Controller, LLC

Your Part-Time Controller, LLC (YPTC) provides customized financial management services for over 1000 nonprofit organizations nationwide. For nearly three decades, YPTC has assisted nonprofit Executive Directors and Board members to more effectively and efficiently accomplish their missions. As a strategic partner to clients, YPTC has the best seat in the house for understanding a client’s needs, including their cash flows, funding streams, financial concerns, and internal control challenges, which lead to personalized, transformative solutions. YPTC recognizes that nonprofit finance never stops, and that financial clarity and transparency are critical to its clients’ organizational success. Learn more about how we can help your nonprofit or check us out at yptc.com. www.yptc.com/
Adler & Colvin, a Law Corporation

Adler & Colvin is a firm of seventeen lawyers devoted exclusively to advising nonprofit organizations and their donors, as well as those who work with them. We focus primarily on federal tax law and state corporate governance issues. We represent some of the most recognized and respected nonprofits and philanthropic organizations in the country. Our clients include large private foundations and small grassroots organizations, community foundations, operating charities, donor advised fund sponsors, and non-charitable tax-exempt organizations as well. We are exclusively dedicated to serving the nonprofit sector, and we have developed a breadth and depth of practice that includes charitable gift planning, complex corporate governance, social entrepreneurship, and nonprofit political and legislative lobbying activity. We have been serving the nonprofit sector since 1982.
adlercolvin.com
Blazek & Vetterling

Blazek & Vetterling brings together a collective specialization in nonprofit organizations that we believe is unique. With approximately 50 people working with over 500 tax-exempt organizations, we believe that we bring more focused experience to our nonprofit, governmental, and employee benefit plan clients than any other firm. We are a nationally recognized leader in the nonprofit arena, offering audit, tax, and consulting services to a wide range of organizations. In addition to providing professional accounting services to nonprofit organizations, we teach locally and nationally, write, and serve on boards of directors. Our philosophy of service is to understand the unique issues that nonprofit organizations face and to approach them in a professional, business-oriented manner.
bvcpa.com
Bourland, Wall & Wenzel, P.C.

Bourland, Wall & Wenzel, P.C. (“BWW”) has been providing high-quality legal services since its founding more than 35 years ago. Throughout that time period, representation of nonprofit organizations, including trade and professional associations, has been a key component of the firm’s practice. BWW is located in downtown Fort Worth, Texas. This location has allowed our firm to work on sophisticated legal projects in a “large city” environment while also giving us the unique ability to represent and work closely with entrepreneurs—both on their for-profit projects as well as in their nonprofit endeavors.

BWW has 29 lawyers spread over a number of different practice areas. We consider ourselves a full-service firm, with limited exceptions where we partner with others. As part of our practice areas, we have lawyers skilled in business planning (including general contract law and leasing and rental issues), tax planning, employment law, intellectual property law, litigation, and the law of tax-exempt organizations. While located in the Dallas/Fort Worth Metroplex, we have major clients all over the State of Texas and Southwestern United States (as well as clients that go beyond those primary boundaries). Our clients’ businesses, however, have a much greater reach, as they operate nationally and internationally, resulting in us working on projects well beyond the State of Texas. From the standpoint of exempt organizations, we represent very small local organizations, from booster clubs to library associations, to state-wide and regional charitable organizations, to national organizations and organizations that work internationally.
bwwlaw.com
CLA (CliftonLarsonAllen)

Professionals who work with nonprofits have to know more than standards and regulations. They have to understand the mission of the organization, the motivation of leadership, and the perspective of the people served. CLA has one of the largest nonprofit practices in the country with more than 60 years of experience in the industry. Our nonprofit industry team is composed of more than 2,000 professionals servicing our 6,300 nonprofit clients. Our nonprofit services account for $80 million of revenue for the firm.

CLA exists to create opportunities for our clients, our people, and our communities through industry-focused wealth advisory, outsourcing, audit, tax, and consulting services. With 7,400 people, more than 120 U.S. locations, and a global affiliation, we promise to know you and help you.
claconnect.com
Ernst & Young LLP

Your business will only succeed if you build it on a strong foundation and grow it in a sustainable way. At EY, we believe that managing your tax obligations responsibly and proactively can make a critical difference. Our global teams of talented people bring you technical knowledge, business experience and consistency, all built on our unwavering commitment to quality service—wherever you are and whatever tax services you need.

We create highly networked teams that can advise on planning, compliance and reporting and help you maintain constructive tax authority relationships—wherever you operate. Our technical networks across the globe can work with you to reduce inefficiencies, mitigate risk and improve opportunity. Our 50,000 tax professionals, in more than 150 countries, are committed to giving you the quality, consistency and customization you need to support your tax function.
ey.com
Fizer, Beck, Webster, Bentley & Scroggins, PC

FizerBeck has a highly-regarded and extensive nonprofit and tax exempt organizations practice, in which we assist clients in creating private foundations and public charities, render tax advice on the operation of tax exempt organizations and plan all forms of present and deferred charitable gifts. In this area, we are frequently called upon to obtain private letter rulings from the IRS, and represent tax exempt organizations before the IRS. In this practice area, we advise directors and trustees as to their rights, powers and duties, and in general, work with nonprofit and tax exempt organizations in all phases of their operations and administrative compliance. Clients range from individuals seeking to establish their own charitable organization to established national charities seeking fundraising, fiduciary and/or other legal advice.
fizerbeck.com
Morgan Stanley Graystone Consulting

An independent business unit of Morgan Stanley, Graystone Consulting has more than 40 years of experience advising institutional clients as a fiduciary. Our boutique business structure, depth of experience and vast resources have helped us grow into one of the most respected investment consulting firms in the U.S. Whether you are looking to reduce expenses, enhance returns or align your mission with your investments, Graystone is your strategic partner. Our research on “Best of Class” 3rd party asset management firms is one of the broadest in the industry, designed to help nonprofits and foundations meet their investment goals. Graystone consults on over 800 Foundations & Endowment clients with a combined $29B in AUM.
graystone.morganstanley.com/norman.e.nabhan
Northern Trust Foundation & Institutional Advisors

For over 125 years, Northern Trust has been serving individuals, corporations, institutions and nonprofits worldwide. Northern Trust offers a unique proposition to nonprofit organizations, combining the expertise and perspective gained through generations of service to successful families with the investment management and custody infrastructure required by large institutional clients. We serve as a dedicated investment advisor, offering recommendations regarding asset allocation and manager selection, or as a fully outsourced CIO working with your board of directors and investment committee to design and implement a sophisticated investment program. We have almost four decades of experience managing open architecture multi-manager assets on a discretionary and advisory basis. Our multi-asset class, multi-manager approach blends active and passive investment strategies to develop an optimal portfolio designed to achieve your investment objectives, spending needs and return expectations with the lowest possible level of risk.

Our process of identifying strong and compelling investment strategies has been proven in good and bad economic times. We understand the complex investment challenges that today’s nonprofits face, and most importantly, we blend our expertise and experience to help our clients further their mission.
northerntrust.com
Polsinelli PC

Mission drives impact. Nonprofits experience challenges every day that can hamper their ability to succeed. Transform these challenges into opportunities with the right resources. With Polsinelli as a strategic partner, nonprofits are able to focus on what they do best, furthering their mission. Experience the benefits of our cross-disciplinary team that has walked in a client’s shoes and resolved similar challenges. Execute strategies and maximize impact with Polsinelli.

As active industry contributors and thought leaders, we take pride in keeping our clients abreast of significant legal and industry developments impacting nonprofits, often before they happen. We are committed to learning about our nonprofit clients' operations, objectives and challenges. This combined focus on both the big picture and client specifics helps us provide tailored guidance to enhance our clients' decision-making to achieve desired outcomes and results.
polsinelli.com
Goldman Sachs Philanthropy Fund

goldmansachs.com

39th Annual

Nonprofit Organizations Institute

PRESENTED BY The University of Texas School of Law Philanthropy Southwest

Proceeding as Live Webcast Jan 13-14, 2022 Conference Concluded

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Related products: eConference Materials

Overview

Event Schedule

Thursday Morning, Jan. 13, 2022

Thursday Afternoon, Jan. 13, 2022

Friday Morning, Jan. 14, 2022

Friday Afternoon, Jan. 14, 2022

Conference Faculty

Brittany K. Barnett

Joel Beck-Coon

Megan E. Bell

Meghan R. Biss

Stephanie Blair

Jody Blazek

E. Pierce Blue

Jonathan S. Blum

Hillary Bounds

Laura E. Butzel

Starlett (Star) Carter

Ricardo A. Castro

Nishka Chandrasoma

Edward T. Chaney

Stephen M. Clarke

Emily Cuneo DeSmedt

Dahlia B. Doumar

Rosemary E. Fei

Kathleen (Katie) Gerber

Vanessa Goodwin

Kenneth Hausser

Elizabeth Henneke

Diara M. Holmes

Tomer Inbar

James P. Joseph

Katherine Karl

Ofer Lion

Justin J. Lowe

Ruth M. Madrigal

Emiliano Martinez

Nancy E. McGlamery

Lawrence Mendenhall

Danika Hudik Mendrygal

Richard W. Meyer

Michelle Michalowski

Joshua J. Mintz

Walter Moreau

Norman E. Nabhan

Abigail Pohlman

Jen Powis

Tim Racer

Elinor Ramey

Alexander L. Reid

Chelsea R. Rubin

John Sare

Andrew Schulz

Jeffrey S. Tenenbaum, Esq.

Nicola Fuentes Toubia

Kristy Bernard Tsadick

Shawn E. Tuma

John Tyler

Nadia Valliani

Kay Walther

Bridget M. Weiss

Maura L. Whelan

LaVerne Woods

Christie Yang

Justin Zaremby

Planning Committee

Megan E. Bell—Co-Chair

Joyce Hellums—Co-Chair

Tomer Inbar—Co-Chair

Joanna Jefferson—Director

Jody Blazek

Jonathan S. Blum

Mia Hsu Burton

Tyree Collier

39^th Annual

PRESENTED BY
The University of Texas School of Law
Philanthropy Southwest

Proceeding as Live Webcast Jan 13-14, 2022
Conference Concluded