Americans with Disabilities Act (ADA)
- Disability Rules Expanded
Learn how regulations under the expanded Americans With Disabilities Act will affect your organization as an employer and when you sponsor meetings and events.
- Amendments Broaden Disabilities Act
Amendments to the Americans With Disabilities Act in 2009 broadened the definition of disability and changed the standard for determining whether an impairment substantially limits an individual’s major life activity.
- Website Accessibility Under the ADA
Making websites accessible for users with disabilities.
- FTC Provides Guidance on Ethical Codes
What you need to know about adopting and enforcing ethical codes, while avoiding antitrust concerns.
- Compensation & Benefits Surveys
When conducting compensation and benefits surveys, be sure that your association has followed the necessary structural guidelines to avoid creating unintended antitrust liability.
- The Basics of Antitrust Law
A look at the four main areas of antitrust law for associations – price fixing, membership decisions, codes of ethics or other forms of self-regulation, and standard-setting and certification.
Certification & Standard-Setting
- Standards Development Rules and Risks
Understand how the Standards Development Organization Advancement Act creates opportunity for competitors to work together to conduct the beneficial work of developing standards, without automatically constituting a violation of antitrust laws.
- Development of Product Standards
Learn how using established procedures can help your association develop consensus-based product standards, enhancing competitiveness in the marketplace.
- Considerations for Establishing a Certification Board
Before forming a certification board, make sure your trade or professional association understands its role and the role of the certification board in the certification process.
- Minimizing Legal Risks of Certification Programs
Ensure that your association minimizes legal risks associated with implementing certification programs.
- Law Review: Independent Contractor Agreements
Jed R. Mandel and Kimberly A. Pendo highlight the most important terms for agreements with independent contractors to ensure organizations are well-protected.
- Key Provisions for Independent Contractor Agreements
Ensure that these key provisions are included in independent contractor agreements.
- Make Your Electronic Contracts Enforceable
Meet the conditions needed to ensure your electronic contract and signature are effectively enforced.
- Responding to a Subpoena for Deposition
Even an association that is not a party to a lawsuit may need to respond to a subpoena for deposition. Know what to do if your association is served with a subpoena.
- Action Plan for 'Litigation Hold Letters'
Understand the pre-litigation duty to preserve evidence and how to respond to ensure compliance with the organization’s legal duties.
- Shall We Arbitrate?
Although it is popular to believe that arbitration is “better” than litigation, contracting parties should carefully consider their options before making that assumption.
- Commentary on “Electronic Communication of Protected Health Information: Privacy, Security, and HIPAA Compliance”
CLP Partners Susan Feingold Carlson and Jed Mandel recently published an article outlining the legal issues surrounding electronic communications of protected health information in the peer reviewed Journal of Hand Surgery.
- Canadian Anti-Spam Law’s Impact on U.S. Associations
A brief overview of the requirements of Canada’s new anti-spam legislation that U.S. associations should understand to ensure compliance.
- Complying with the Telephone Consumer Protection Act: Don't Fax Without the Facts
Be aware of the laws associated with sending promotional faxes.
- Can(ning) SPAM: Sending Commercial Emails the Right Way
Understand the limitations imposed by the CAN-SPAM Act before your association sends promotional e-mails.
- Employee Use of Personal Social Media to Discuss Workplace Issues: What Are the Rules?
Understand the basic rules regarding employees' use of personal social media accounts to discuss workplace issues and guidance as to what associations can do to control these discussions.
- New DOL Action on Overtime Pay and Independent Contractors
New U.S. Department of Labor proposed rules for overtime pay and guidance on classifying independent contractors will have significant consequences for non-profit employers.
- Impact of Concealed-Carry Law on Employers
Take steps now to establish procedures for visitors and employees under new Illinois legislation allowing the public possession of concealed handguns.
- Employment Contract Considerations
Successfully navigate the challenges of negotiating an employment contract that provides appropriate protection for both the employer and the chief staff officer.
- Verifying Aliens: It's Not Science Fiction - It's the Law
Employers must verify the employment and immigration status of all new hires. Understand what U.S. immigration laws require.
- Qualifications of an Unpaid Internship
Learn the considerations for creating an unpaid internship program that passes legal muster.
- Independent Contractor or Employee?
Learn how to apply the three principal tests for determining whether a worker is an independent contractor or an employee.
- Employee Classification: Exempt vs. Non-Exempt
Understand whether employees should be classified as exempt or non-exempt.
- Prepare Your Workplace for H1N1 Flu
Develop a plan of action to implement before a major illness hits your office.
- Guard Against Unfair, Disparate Impact
A Supreme Court decision reminds employers to exercise care to assure that tests designed to be valid and fair do not unintentionally produce an unfair, disparate impact.
- A Look Back and A Look Forward
A look back at some of the key legal issues that impacted associations in 2016 and advice for 2017.
- Choosing the Right Liability Insurance
Evaluate and select the right insurance for your association’s needs using three basic steps.
- Legal Consideration for Organization's Name Change
Essential steps to ensuring an organization’s smooth and successful name transition.
- Legal Glossary
Understand the application and importance of frequent legal terms used in association governing documents, contracts and litigation matters.
- Defamation Law: Just the Facts
Understand how defamation law strikes a balance between distributing information and ideas and protecting people and organizations from harm caused by untrue statements.
- What to Consider in Establishing an Ethical Code
Understanding the difference between an ethical code and an ethical guide.
- Understanding the Role of Registered Agents
Understand the duties and obligations of a corporation’s registered agent and their importance under state law.
- Should Associations Allow Members to Retain Their Legal Counsel?
While access to the expertise of the association’s counsel may be a key benefit of membership, members must understand that the association’s lawyer is just that, and does not represent any individual member.
- Don't Take Chances with Raffles and Giveaways
Become familiar with the numerous laws that govern whether and how an organization may conduct raffles, promotional giveaways and contests.
- Legal Tips for the New Year
At the end of each year, take the time to review tax, corporate governance, intellectual property and records retention issues in your organization to ensure a good year to come.
- Minimizing Liability from Association-Sponsored Online Communities
- Member's Rights to Access Information
Before sharing information, make sure you know what the law in your organization’s state of incorporation requires and what your organization’s corporate governance and policies allow.
- Who's Calling Please?
Inform and prepare association staff for the proper way to deal with association inquiries over the phone.
- The Revised Illinois Not-For-Profit Corporation Act: What You Need to Know
How to prepare for, implement and take advantage of recent changes to the Illinois Not-For-Profit Corporation Act.
- Legal Issues Review
Review and planning around a few important legal issues can help you minimize potential legal exposure.
- Law Review: Drug-free Workplaces
With recreational cannabis now legal in Illinois, associations should review their employee handbooks and existing policies to evaluate whether to adopt a zero-tolerance or drug-free workplace policy, and assess if current policies warrant updates to be more "reasonable."
- Records Retention: Establishing a Policy
The benefits of a records retention policy are several and a good policy that is consistently put into practice reduces the likelihood of liability for the association and its members.
- The Role of Transparency in Association Governance
Learn how associations can function productively and achieve the highest levels of organizational performance by balancing transparency and privacy.
- DMCA Compliance: Limit Your Copyright Infringement Liability
The Digital Millennium Copyright Act (DMCA) creates procedures to limit liability for copyright infringement by online “service providers.” Compliance with the DMCA’s requirements is an easy way to limit your association’s liability for copyright- infringing user-generated content posted on your website.
- Works-for-Hire Under Copyright Law
Learn how to ensure that the organization for whom a work was prepared owns copyright in the work.
- Copyright "First-Sale" Doctrine
Understand the potential impact of a recent Supreme Court decision on association publication sales.
- Impact of New Top-Level Domain Names
Be aware of potential changes in Internet domain names and prepare to protect your names, trademarks and reputation.
- The Laws of 'Linking'
Learn what is permissible before your association chooses to ‘link’ to other websites.
- 10 Essentials for Protecting Your Trademarks
Learn ten important things to know about registering and protecting trademarks.
Lobbying & PACs
- Campaign & Election Rules
What an association needs to know about legally participating in federal elections.
- The Basics of the Lobbying Disclosure Act
Understand federal, state and local lobbying disclosure and registration requirements for associations and individuals who lobby for them.
- Complying with Chicago's New Lobbying Laws
Ensure that if an organization interacts with the City of Chicago, members and staff comply with the new Chicago lobbying laws.
- Rules for Forming a PAC
An overview of what to consider when developing a political action committee.
Meetings & Education
- Avoid Infringement Claims: Know Your Music Licensing Rules
It is important for associations and other event sponsors to recognize, and comply with, the requirements of music licensing for meetings, conventions, and trade shows.
- The Zika Virus and Meetings
Travelers are hesitant to attend meetings where there are known locally acquired cases of the Zika virus. Thus, it is important to let members, as well as other attendees, know that the group is concerned about their well-being and is taking all reasonable and appropriate steps to do what it can to minimize the risk to them and the potential damage to the group.
- Drone Talk: What Are the Legal Concerns at Meetings?
Legal concerns are raised by the growing use of unmanned aerial vehicles (UAV) to plan, market, broadcast and record meetings and events.
- Association Discretion in Addressing Exhibitors and Advertisers
The fact that an association is tax-exempt does not mean that it must “open its doors” to anyone interested in exhibiting and advertising. Understand the discretion that associations have in deciding whether and which companies may exhibit or advertise.
- Minimizing Risk for "Extracurricular" Meeting Activities
Learn effective ways to limit an organization’s liability and manage risk for outside meeting activities through waivers, permissions, and informed consents.
- Volunteer Speaker Agreement Provisions
Include the three essential provisions of permission, representation and indemnification in volunteer speaker agreements.
- Taxing Cancellation and Attrition Fees
Understand state laws regarding taxation of hotel cancellation and attrition fees.
- Speaker Agreement Essentials
Ensure your organization is protected with written speaker agreements giving it broad rights to use the materials and protecting it against liability.
Tax & Tax Exemption
- Executive Compensation: What You Need to Know
The Internal Revenue Service's current position regarding executive compensation.
- Tax Reform Proposal Could Significantly Impact Associations
An overview for associations of how the first draft of the comprehensive “Tax Reform Act of 2014” could affect nonprofits.
- New Filing Requirements for Nonprofits
Are you in compliance? The IRS now requires nonprofits to notify it of any changes to the “responsible party” for tax reporting and filing purposes.
- Which Form 990 Must Your Organization File?
All tax-exempt organizations must file a Form 990 with the IRS, but filing requirements vary based on the organization’s gross receipts. Learn the requirements for your organization.
- 501(c)(3)s: Prepare for More Governance Scrutiny
Prepare for the IRS’s new approach to Form 990 information returns and governance policies for 501(c)(3) organizations.
- IRS Workshops for 501(c)(3) Organizations
The IRS is offering several one-day workshops for small and medium-sized 501(c)(3) organizations.
- Association Forum of Chicagoland
The Association Forum of Chicagoland is the "association of associations" in the Chicago area. With approximately 3,000 members representing Chicago area associations, the Forum's mission is to advance the professional practice of association management.
Click here to be connected to the Forum.
- ASAE The Center for Association Leadership
ASAE The Center for Association Leadership is is a membership organization of more than 22,000 association executives and industry partners representing more than 11,000 organizations across the United States and in nearly 50 countries around the world.
Click here to be connected to ASAE.
- IRS Information on Exempt Organizations
Click here to access "Exempt Organization Select Check," a free IRS online tool for finding information on tax-exempt organizations.
- IRS Presentations on Exempt Organization Issues
Click here to access educational IRS webinars on numerous issues affecting tax-exempt organizations.
- IRS Webinar on Employees vs. Independent Contractors
Click here to watch an IRS video on the importance of properly classifying workers.