501(c)(3) Political Activity: What is Your Strategy for Compliance?

(1518 Ratings)

Produced on: April 07, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 62 minutes
Difficulty Intermediate

In today’s world, charitable organizations must strike a balance between the increased opportunities for political participation by non-profit officers and employees and the potential reputational risks and other pitfalls to the 501(c)(3) organization. Although the IRS prohibits 501(c)(3) charitable organizations from engaging in any political activity, individuals associated with a 501(c)(3) organization have a First Amendment Right to participate in the political process. Join Genova Burns LLC Partner, Rebecca Moll Freed, Head of the Corporate Political Activity and Non-Profit & Tax-Exempt Organizations Practice Groups, for a discussion on key considerations for developing a strategy to comply with the IRS ban on 501(c)(3) political activity.

 

Learning Objectives:

I.     Gain a general understanding of the IRS definition of political activity and the distinction between political activity, lobbying and educational activity

II.    Identify the parameters of individual political activity

III.   Recognize potential pitfalls of individual political activity 

IV.   Develop strategies for compliance to protect 501(c)(3) status 

Faculty

Rebecca Moll Freed

Genova Burns LLC

Ms. Freed advises corporations, partnerships, limited liability companies, trade associations, charitable organizations, social welfare organizations and political action committees on the legal aspects of their political activities.

 

Ms. Freed has substantial experience with New Jersey’s pay-to-play laws; she has lectured frequently on the topic, and written extensively on the issue as well, including articles for New Jersey Lawyer, New Jersey League of Municipalities Magazine, and New Jersey Law Journal.

 

Ms. Freed also has extensive experience in procurement law, assisting clients in the preparation of RFPs and RFQs on the state and local levels. She has represented numerous clients in bid protest disputes before administrative agencies and before the Appellate Division of New Jersey Superior Court.

 

As Director of the firm’s Corporate Political Activity Group, the Non-Profit and Tax Exempt Organization Practice Group and Vendor Political Activity & Ethics Compliance Training & Audit Programs, Ms. Freed provides training and counseling to companies, in-house counsel and corporate ethics and compliance officers who seek to maximize government contracting opportunities while assuring compliance with the law.

 

Representative Matters:

  • Assists clients in the development of political activity compliance policies and training programs.
  • Advises on corporate ethics.
  • Advises clients on the impact that political contributions may have had on their ability to maintain eligibility for government contracts at the state, county and local level.
  • Defends clients in pay-to-play ineligibility determinations at the state, county and local levels.
  • Represents non-profits on creating independent expenditure political action committees that comply with the U.S. Supreme Court’s decision in Citizens United v. FEC.

Ms. Freed serves as co-Chair of the firm’s Strategic Planning Committee. From 2013 to 2015, Ms. Freed served as co-Chair of the firm’s Inclusionary Initiative, which encompasses the firm’s Women’s Initiative and Diversity Initiative. The Inclusionary Initiative focuses on the common goal of fostering better lawyers and serving our clients’ needs.

 

Memberships and Affiliations:

  • Member, Newark Academy Board of  Governors
  • Participant,  Newark  Academy  -  Newark  Scholars Program
  • Board Counsel, Women’s Political Caucus of New Jersey
  • Co-Chair of Common Ground Speaks, an initiative that sponsors a free lecture series featuring distinguished speakers who address topics related to child development, parenting and education at Far Hills Country Day School
  • Trustee, Partners for Women and Justice, 2011 to 2014

 

Distinctions:

  • Recipient of the “Mary Philbrook Award” by Women’s Political Caucus of New Jersey, 2016
  • Honored as a “Woman of Distinction” for the Class of 1994 by Newark Academy for her contributions to the legal industry and to the community, 2014
  • Listed in NJBIZ as one of “Forty Under 40”, 2010
  • Listed in New Jersey Law Journal as one of “Forty Under 40”, 2008

 

Publications:

  • “Adoption and Implementation of a Political Activity Compliance Policy: Don’t Let Your Employees’ Individual Political Activities Put Your Company at Risk” (New Jersey Lawyer, June 2014) (co-author)
  • “Independent Expenditures: A Mechanism for Bribery in the Procurement Process?” (New Jersey Lawyer, February 2013) (co-author)
  • “Local Pay-to-Play Restrictions: An Unconstitutional Impingement on First Amendment Rights?” (New Jersey Lawyer, Dec. 2006)
  • “How to Cut through the Confusion of Pay-to-Play” (New Jersey Municipalities, Feb. 2006)
  • “Pervasively Regulated Industries Can Participate Politically”  (New  Jersey  Law  Journal, 167 NJLJ 28, January 7, 2002)  (co-author)
  • “The Right to Vote and Be Counted: A Liberty at Risk” (The New Jersey Lawyer, April 2005) (co-author)
  • “Pay-to-Play: Political Contributions Doing Business with the Government Must Beware” (New Jersey League of Municipalities Magazine and the New Jersey Business and Industry Magazine, 2004) (co-author)

 

Bar Admissions:

  • New Jersey, and U.S. District Court, District of New Jersey, 2001
  • New York, 2002

 

Education:

  • Georgetown University Law Center, J.D., 2001
  • Tufts University, B.A., 1998

Reviews

LM
Lauren M.

Great job!!

TB
Taylor B.

Great course!

SN
Shannen N.

This was an excellent and timely program with many practical suggestions.

OC
Otis C.

Having been on such a board (senior citizen organization) for many years, I well know how 501(c)(3) members rarely think about such “fine points” before plunging into similar questionable areas...a necessary and well-done presentation!

AF
Aubrey F.

good

LJ
Lawrence J.

A ten. One of best.

GK
George K.

fun course

CS
Clarence S.

Excellent presentation of complex and important area of tax/election law.

RG
Richard G.

Rebecca was great. Very helpful session.

AG
Andrew G.

wonderful and relevant

LD
Louis D.

This is an excellent, timely course for anyone working with a 501(c)3 during an election season.

SA
Suzanne A.

One of the most concise and well-presented courses I have done thus far.

WH
William H.

Informative presentation. Nicely done.

MA
Mattie A.

Excellent

MT
Maeve T.

Fantastic!

MK
Mark K.

Very interesting, and relevant to many attorneys regardless of practice area.

LG
Lynda G.

It was very well presented, but quite elementary.

WM
Walter M.

Exceptional presentation. Well presented!

MD
Micheal D.

One of best 501c3 professional development I have viewed in person or online. Clear recitation of standards, expectations and law. Really good on do’s and don’ts.

PS
Paul S.

Very polished presentation!

BS
Beth S.

very useful!

GM
Gerard M.

good intro to the subject speaker was good and well prepared

CB
carol b.

Speaker certainly knew her subject and handled questions well.

SM
Steven M.

Great

MH
Maria H.

She was excellent.

KK
Kenneth K.

speaker was excellent!

JR
Jean Margo R.

very well cone

FK
Frank K.

Enlightening

RS
Robert S.

Excellent program and wonderful presenter.

JH
Jennifer H.

speaker was very engaging and knowledgeable. Would recommend her to others.

AM
Antoine M.

Thorough discussion on specialized topic

CM
Courtney M.

Would be interested in hearing more about when orgs have a c3 a c4 and a pac. More written materials on that would have been good too. Maybe a chart?

KB
kay B.

good course, I wish Texas would give credit for more of your courses on non profits

MH
Mara H.

I am on the board of a small 501(c)(3) and serve as the pro bono legal advisor to another 501(c)(3) which sometimes engages in issue advocacy. I found this CLE very helpful. The speaker provided a great deal of information in a well-organized and easily understandable way.

RZ
Rebecca Z.

Great program and presenter. Thanks!

BF
Brian F.

great

DM
Diana M.

Great presenter

AW
Ann W.

The content was spot on for what I was looking for. Presented very clearly and with good depth.

RC
Russ C.

Excellent detail of compliance programs

RR
Richard R.

excellent overview.

BS
Benjamin S.

very good presentation!

SA
Sharon A.

Very helpful for pro bono work

JO
John O.

Very informative

SW
Sarah W.

This was a fantastic seminar. So informative for me, a non-profit employee.

JW
Jonathan W.

Not my area but interesting.

CB
Charles B.

This was a great presentation!

JH
Joseph H.

Good course

AM
Anthony M.

Very well done.

LL
Lorenzo L.

The instructor answered four questions at the end of her presentation that enhanced the overall value of viewing the course.

KL
Kirk L.

great

MK
Michael K.

fantastic program

TF
Tonianne F.

well presented

MB
Michael B.

Lawline should consider hiring speaker as spokesperson for Company because she is very smart, as well as articulate and photogenic

DE
Diane E.

complex--organizations need continued training

SS
Steve S.

Excellent

GK
Gary K.

very good presenter!

KM
Katrina M.

Very interesting.

WC
Wilbert C.

good lecture

MB
Mark B.

Very good overview. I recommend this course highly.

LD
Layne D.

This was a great seminar and every non-profit administrator should watch it.

MH
Matthew H.

This was a highly informative program with an effective and engaging speaker. I learned a lot.

QB
Quietta B.

Thanks!

JM
John M.

well done

KL
Kiman L.

Very clear messaging.

JT
Jeffrey T.

Very informative!

Load More

$59

$ 59 Non-Profit, Election, Campaign, & Political Law, and Public Interest Law In Stock

Accreditation

Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.