The materials in our Resources section are for informational purposes only, without any representation that they are accurate or complete. These publications do not constitute legal advice and do not create an attorney-client relationship between the reader and any other person, nor are they an offer to create such a relationship. These publications are current as of the date written, but laws change over time and vary from state to state. As a result, the information presented here may not be timely and/or appropriate for any state not specifically addressed in a publication. Consult an attorney if you have questions regarding the content of any publication.

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Legal Considerations for When a Nonprofit Uses IP Created by its Founder

Posted on April 23, 2021

A nonprofit relies on its founder for its initial ideation, organization and drive. Many founders also create intellectual property that is used by the nonprofit, before and after the organization is created. During this webcast, our speakers will review some legal considerations and best practices for nonprofits around using content created by its founder including:

• What types of IP might be relevant?

• Is there a difference if a founder is a paid employee or unpaid volunteer?

• Written and implied license rights for use of the founder’s materials.

• Special considerations for internet content.

• If a nonprofit pays its founder to use their IP, what are the tax-exempt considerations?

Speakers: Ron Coleman, Partner at Parker Hudson & Robyn Miller, PBPA Senior Corporate/ Tax Counsel

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Slides – When a Nonprofit Uses IP Created by its Founder

Webcast: Whose Job is it Anyway? Navigating Board-Staff Relationships at a Nonprofit

Posted on March 25, 2021

Nonprofit staff and board are all on the same team, but problems can arise if the roles of team members are unclear. In this webcast, PBPA’s Justine Cowan, who has served as both an executive director and a board member herself, will discuss how to navigate the complex board-staff relationship, including:

• Key policies that strengthen the board-staff partnership;

• How board and staff duties may evolve as an organization grows;

• Troubleshooting issues when the board-staff line gets blurred.

Speaker: Justine Cowan, Staff Attorney at PBPA

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Webcast: Using Intellectual Property with Social Media

Posted on February 23, 2021

Social media makes a great way to communicate with nonprofit clients, stakeholders, donors, and the general public. Almost all posts use your organization’s or another’s intellectual property to spread the word. Intellectual property includes copyrighted content (like images, videos, and text), brands and logos and individuals’ rights of publicity. During this presentation, we’ll talk through the best practices and common pitfalls of using intellectual property with social media, including:

  • Properly identifying your organization’s content
  • How to best use others’ content without infringing it, including ‘what is fair use?’
  • What is an “individual’s right to publicity” and how to avoid violating it
  • Why it’s important to train staff and volunteers who post on behalf of your organization about these best practices

Speaker: Creighton Frommer, Chief Counsel, Intellectual Property at RELX

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Webcast: Galas & Tournaments & Festivals, Oh My! Part III: Festivals, Carnivals and “Taste Of…” Events

Posted on January 13, 2021

Our Fundraising series is exploring the legal aspects of conducting various fundraising activities in the state of Georgia. In this session, our speakers will explain the things nonprofits need to consider when hosting festivals, carnivals, block parties, fairs and “Taste of” events in Georgia. They will cover topics including risk issues, income and sales tax, and licenses that may be needed.

Speakers: Richard Litwin, Litwin Law and Robyn Miller, Senior Corporate/Tax Counsel, Pro Bono Partnership of Atlanta

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Webcast: Data Breach Prevention, Detection & Response

Posted on January 5, 2021

Data breaches are becoming more and more common. Whether the incident is “newsworthy” or not, the impact to your nonprofit’s reputation or the ability to operate can be severely impacted through a data breach. So what does it mean if you, or one of your vendors, is the victim of a security breach? In this webcast, our speaker will discuss:

  • The difference between an incident and a breach;
  • What steps a nonprofit should proactively take to minimize risks;
  • How to respond if you receive notification of a vendor’s breach;
  • How to navigate the stages of a breach.

Speaker: Ami Rodrigues, Privacy Counsel, Coca-Cola and Toni Igbenoba, Attorney, Upwork

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Webcast: What is the Latest on Nonprofit Fundraising and Sales Tax?

Posted on November 19, 2020

As a Georgia nonprofit, are you supposed to: (a) pay sales tax on items you buy? (b) charge sales tax on items you sell? (c) charge sales tax on fundraising activities including admissions to our galas, golf tournaments, and fun runs or (d) all of the above? Much of the time, the answer is (d) all of the above!

In July, the Georgia Department of Revenue (“DOR”) answered the question above in a comprehensive bulletin on how and when sales and use tax applies to nonprofit fundraising activities. During this presentation, our speakers will review the new bulletin from the DOR and:

  • Provide an overview of sales taxes and use taxes in Georgia;
  • Explain how sales tax is collected and remitted in Georgia;
  • Describe the structure of exemptions to sales tax and some limited exemptions; and
  • Discuss whether sales tax must be collected when conducting various fundraising activities.

Speakers: Richard Litwin, Litwin Law and Robyn Miller, Senior Corporate/Tax Counsel, Pro Bono Partnership of Atlanta

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Webcast: Tips for How to Handle a Problem Employees

Posted on October 23, 2020

Few workplace issues are more frustrating than employees who are failing to perform, mistreating others, or raising unsubstantiated concerns. While there is no vaccine for problem employees, there are appropriate (and inappropriate) treatments. In this webcast, presenters discuss common “problem employee” scenarios and best practices for difficult situations, including:

• What to investigate, document, and communicate;
• When to focus on legal considerations, and when not to; and
• How to navigate “no win” situations.

Presenter: Ted Solley, Partner at Moser Law, & Justine Cowan, PBPA Counsel

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Webcast: COVID-19 Legal Issues

Posted on October 7, 2020

Join PBPA staff attorneys in a virtual webinar as they offer their perspectives on legal issues around COVID-19 and nonprofits. During this one-hour webinar, the speakers will draw from their diverse experience in counseling Georgia nonprofit clients during these unprecedented times, covering topics like employment, contracts, leases and board governance.

Additional Links:
PBPA COVID-19 Resource Page
Do This One Thing To Take Advantage of Potential COVID Immunity
Corporate Governance During a Pandemic

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Webcast: COVID-19 Lease Issues – Considerations and Practical Guidance for Landlords and Tenants

Posted on September 29, 2020

The current COVID-19 pandemic has created various lease issues for nonprofits, both as landlords and tenants. An analysis of these issues requires particular attention to the express terms of the lease and the facts of the leasing relationship. During this presentation, we will look at COVID-19 leasing issues including:

• What to look for in your existing lease.
• What happens if your landlord goes out of business?
• What options does a nonprofit landlord have if their residential tenants are no longer paying rent?

We will also share practical legal considerations for lease agreements moving forward in an environment that is quickly evolving and filled with unknowns.

Speaker: Parker Stephens, Associate at Morris Manning & Martin

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Webcast: Recent Developments in LGBTQ+ Employee Rights

Posted on September 8, 2020

The Supreme Court recently provided clarification on lesbian, gay, bisexual, transgender and nonbinary employee rights in the decision Bostock v. Clayton County. How does that decision affect the workplace practices and policies of your nonprofit? In this webcast, our speaker will with talk about:
• What rights are recognized for LGBTQ+ employees after the Supreme Court’s decision
• How your organizational policies and forms should be updated
• Considerations for religious organizations
Presenter: Emma Bellamy

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