This program is eligible for 3 hours of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 3.6 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
Many attorneys have the opportunity to join a nonprofit board throughout their careers. For anyone, this can be a very rewarding experience, bring opportunities to improve one’s skills, make valuable connections, and help a cause that is personally meaningful.
This CLE will explore the role of a Board of Directors and the laws governing nonprofits. The program will provide training on the basics of nonprofit board service, including charitable issues raised under state and federal laws for current board members.
Faculty
Jeffrey M. Scott, Esq.
Jeff is a first-chair trial attorney whose practice involves an array of civil matters. Jeff has served as first-chair trial counsel in over 100 jury trials, bench trials and arbitrations. He excels in presenting evidence, no matter how complex, in a manner that easily understood by all. Since 1991, Jeff has successfully defended local school districts, municipal and state employees in case brought under the Civil Rights Act in areas of police administration, corrections, education law, and social services. While representing the City of Philadelphia and SEPTA, Jeff developed over 30 years of experience defending claims brought under the Pennsylvania Political Subdivision Tort Claims Act and the Pennsylvania Sovereign Immunity Act. Jeff has extensive experience in the presentation and defense of catastrophic injury claims involving gunshot wounds, suicide, school violence, physical and sexual abuse of children in foster care, and catastrophic motor vehicle accidents. Jeff also represents individuals and companies in matters regarding complex commercial claims, corporate and regulatory compliance, labor disputes, employment contracts, non-compete agreements, professional malpractice, and white collar defense. Jeff teams up with Archer’s Intellectual Property Group as trial counsel in matters involving claims brought under the Lanham Act. In business disputes, Jeff uses his trial experience and network of consultants to develop business valuations and lost profit claims and defenses. Known for building focused and persuasive arguments for his clients, Jeff has implemented winning strategies on his litigation matters. More recently, Jeff secured a $25 million-dollar judgement for a financial services company on a breach of contract claim against a multi-billion dollar company. He has also been an integral part of the litigation contingent for a multi-disciplinary team of Archer lawyers working to protect the U.S.-based financial interests of a foreign national client.
Alexis M. Way, Esq.
Alexis assists a diverse range of clients in all aspects of commercial litigation, from counseling and initial pleadings to appeals. Alexis handles a variety of litigation matters, including breach of contract, such as breaches involving the failure to close in real estate actions, failure to provide services agreed upon, and failure to pay for services rendered; civil rights litigation, including actions against state employees and municipalities/counties under Section 1983; labor and employment litigation, such as actions against employers involving claims of disability, gender, age, and race discrimination, as well as retaliation claims and claims alleging violations of CEPA, RICO, and the New Jersey Civil Rights Act; landlord/tenant matters, such as representing landlords in eviction actions and negotiating repayment of rent; and collections cases, including representing digital/forensics consulting firm in action to collect payment for services rendered and securing final judgment by default, and representing commercial client through post-judgment motions maintaining nearly one million dollar judgment. Alexis leaves no stone unturned in order to help her clients succeed. She strives to give her clients the information they need to understand clearly the various available paths forward, and with her help, to choose the best one based on their particular needs and goals. As a first-generation lawyer, Alexis approaches her client matters with an open mind and fresh thinking. Through her clerkships, she has gained a unique perspective on how some judges and clerks think and what type of writing/arguments may help to be more persuasive. Alexis finds she is able to make an impact through the seemingly small details by filtering through the data in search of the key pieces of evidence. Prior to joining Archer, Alexis served as a law clerk for the Honorable Michael J. Haas of the Superior Court of New Jersey, Appellate Division, followed by a clerkship for the Honorable Faustino J. Fernandez-Vina of the New Jersey Supreme Court. In law school, Alexis served as the Editor-in-Chief of the Rutgers University Law Review.
Scott A. Brown, CPA
Scott Brown has more than 15 years of experience serving clients out of the Cranford, New Jersey and New York City offices of PKF O’Connor Davies. Scott specializes in auditing and tax consulting, working with a variety of not-for-profit organizations, including private foundations, independent schools, arts and cultural organizations, social service agencies and membership organizations. His expertise in working with not-for-profit entities also includes performing audits in accordance with the Uniform Grant Guidance (Single Audit). Scott’s clients include those involved with impact investing and social investing around the world. These organizations have been invested and have offices in such areas as Africa, India, Pakistan, and South America. Scott is an active lecturer for Firm-sponsored continuing professional education courses and frequently speaks at outside organizations and associations. He also authors and contributes to numerous monthly tax and accounting bulletins provided to the Firm’s not-for-profit clients. Scott is the current Chair of the New Jersey State Society of Certified Public Accountants’ (NJSCPA) Nonprofit Interest Group.
Noel A. Fleming, Esq.
Mr. Fleming is a founding partner of Fleming Petenko Law in Philadelphia where he focuses his practice on serving the legal needs of nonprofit organizations primarily in the areas of corporate law and governance, charitable trusts, federal, state and local tax matters, fiduciary duties, charitable fundraising, and related matters. He regularly acts as outside general counsel to a variety of nonprofit organizations, including publicly supported charities, private foundations, mental health organizations, social service providers, museums, educational institutions, and health care facilities. In this capacity, he advises these organizations on all manner of issues affecting nonprofit organizations including corporate formation and qualification for tax-exempt status, federal tax law compliance, nonprofit mergers and acquisitions, strategic alliances, corporate governance matters, charitable contribution issues, and unrelated business income tax questions. Mr. Fleming is admitted to practice in Pennsylvania and is a member of the American and Pennsylvania bar associations. He is active in the Pennsylvania nonprofit community and is the Chair of the Pennsylvania Bar Association’s Charitable Organizations Committee. He has been a course planner and presenter for many Pennsylvania Bar Institute continuing legal education programs. He is an adjunct professor at Villanova University Charles Widger School of Law where he teaches the course, Public Charities: Law and Compliance. He writes and speaks frequently on legal matters related to the operation of nonprofit organizations and has been selected for inclusion in Pennsylvania Super Lawyers® in the field of nonprofit law. His articles have been published in the Temple Law Review, The Journal of Taxation, The Exempt Organizations Tax Review, and Taxation of Exempts. He is a graduate of Temple University Beasley School of Law (LL.M., Taxation), Temple University Fox School of Business and Management (M.B.A.), Temple University Beasley School of Law (J.D., cum laude), and Temple University Fox School of Business and Management (B.B.A., summa cum laude).
Kayci D. Petenko, Esq.
Ms. Petenko is a founding partner of Fleming Petenko Law where she focuses her practice on advising a variety of tax-exempt organizations, including private foundations, public charities, and donor-advised funds. Immediately prior to forming Fleming Petenko Law, Ms. Petenko worked for another boutique law firm providing legal advice and services to nonprofit organizations. Additionally, she was a tax associate in the Tax Advisory Group of an accounting firm, where she provided clients with a wide range of tax consulting services and specialized in state and local taxation. Ms. Petenko also has significant law firm experience representing clients in corporate, financial, real estate, and litigation matters. She has advised clients on compliance issues, corporate governance matters, and contract negotiation. Ms. Petenko speaks frequently on legal matters related to the operation of nonprofit organizations and is an adjunct professor at Villanova University Charles Widger School of Law. In her free time, she enjoys traveling, baking, and volunteering at several nonprofits in her local community
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