The Not-for-Profit/Exempt Organizations Practice Group at Proskauer Rose LLP forms, represents and counsels entities that are exempt from taxation under the U.S. Internal Revenue Code. For more information about this practice area, contact:
Proskauer Rose LLP's Not-for-Profit/Exempt Organizations Practice is interdisciplinary and draws upon the skills of lawyers in departments and practice groups throughout the Firm. In its representation of organizations that are non-profit and exempt from taxation under the Internal Revenue Code, Proskauer is often called upon to address complex issues arising in the areas of personal planning, tax, corporate law, intellectual property, litigation, health care, ERISA, labor and real estate. Because of the interdisciplinary nature of the practice, lawyers working on not-for-profit/exempt organization matters have considerable experience in diverse practice areas.
Exempt-organization clients include large private foundations, public charities, such as hospitals, nursing homes, universities, as well as support organizations, charitable trusts, title-holding companies, civic-welfare organizations, business and sports leagues and voluntary employee-beneficiary associations. The Firm is especially experienced in representing complex family foundations throughout the United States.
Proskauer handles all phases of the not-for-profit organization's existence (including organization and obtaining recognition of tax-exempt status) under federal and state laws operation and the emerging area of corporate reorganization. The Firm has formed and obtained recognition of exempt for hundreds of not-for-profit organizations. In that connection, the Firm has developed the knowledge to facilitate preparation of organization and exemption application documents and has designed a system to ensure that all types of exemption that may be of interest to a client are discussed and, if appropriate, obtained. The Firm originally developed and implemented the structure in New York State that allows exempt organizations to affiliate by use of a sole-member mechanism.
In its Not-for-Profit/Exempt-Organizations practice, Proskauer has handled scores of federal, state and local filings and worked closely and successfully with representatives of the responsible governmental agencies, such as the Internal Revenue Service, Departments of Law, Departments of State, Departments of Education, Departments of Health and various local agencies.
After organizational matters have been concluded, Proskauer generally remains involved with its not-for-profit and exempt organization clients on an ongoing basis, providing legal advice with respect to operations. The Firm's lawyers advise not-for-profit and tax-exempt organization clients in connection with estate tax planning, governance structuring, the legal aspects of benefit events, fund raising, investments, copyright/trademark matters, personnel matters, real estate matters and tax matters. The Firm also provides advice to these organizations in diverse areas like mergers and consolidations, grant making and grant applications, contracts with foreign governments, directors' and officers' liability and insurance, asset protection, fiduciary obligations, licensure to provide health-related and other services, employment discrimination claims, purchasing or leasing of office space, and the hiring of personnel.
Proskauer is recognized for its skill and experience in the relatively new specialty of not-for-profit/exempt organization reorganizations and development of strategic planning alternatives.
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