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IIT Chicago-Kent College of Law presents the 33rd annual Conference on Not-For-Profit Organizations Thursday, June 5, 2014 In Cooperation with: Donors Forum Illinois CPA Society Continuing Legal Education

Mail: presents the 33rd annual Conference on Not …...III. Top 10 IP Pitfalls of Not-For-Plante Moran PLLCProfits • Misconceptions and incorrect assumptions can lead many not-for-profits

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Page 1: Mail: presents the 33rd annual Conference on Not …...III. Top 10 IP Pitfalls of Not-For-Plante Moran PLLCProfits • Misconceptions and incorrect assumptions can lead many not-for-profits

Registration Form: Not-For-Profit Organizations Thursday, June 5, 2014 3 Easy Ways to RegisterOnline: cle.kentlaw.edu Mail: Office of Continuing Legal & Professional Education

IIT Chicago-Kent College of Law 565 West Adams St.

Chicago, IL 60661-3691 Phone: (312) 906-5090

Name (please print) Professional Title

Firm

Address

City State Zip

Telephone Fax

Email

Attorney Registration # If Chicago-Kent Alumni, list month and year of graduation: Month_____Year_____

q Please check here if you have any special needs and a CLE staff member will contact you.

Payment Informationq Payment by check. Amount enclosed $ ____________________(Make check payable to: IIT Chicago-Kent College of Law)

q Payment by credit card. Amount enclosed $ _________________

q VISA q MasterCard q American Express q Discover

Card # Exp. Date

Security Code

Signature

Program LocationThe conference will be held at IIT Chicago-Kent College of Law, 565 West Adams Street in Chicago. Confirmation of RegistrationA letter of confirmation will be emailed to the address given on your registration form. If you do not receive an email confirmation after registering and before the conference please contact the Office of Continuing Legal & Professional Education at [email protected]. Confirmation of AttendanceA certificate of attendance will be provided at registration. Cancellations and RefundsWritten notification of cancellation is required. A full tuition refund is available if notification is received prior to May 8, 2014; 25% will be charged if notification is received between May 9 and May 29, 2014. No refunds will be granted after May 29, 2014.

MCLE CreditIIT Chicago-Kent College of Law is an accredited provider for IL & PA MCLE. This conference is eligible for 7.0 hours of IL MCLE and includes 2.0 hours of ethics credit (pending final approval). The actual number of approved hours may vary from state to state. For additional information: please call the Office of Continuing Legal and Professional Education, IIT Chicago-Kent College of Law, (312) 906-5090, or send an email to [email protected]. CPE Credit8.0 hours on a “50-minute” credit hour. IIT Chicago-Kent College of Law is a registered public accountant professional education sponsor in Illinois.

Hotel Accommodations Hotel accommodations for the convenience of out-of-town guests have been made at the Crowne Plaza Chicago Metro. The room rate at the Crowne Plaza Chicago Metro is $189 for single or double occupancy, plus 16.4% tax. The Crowne is located four blocks west of the law school within easy walking distance. Please make reservations directly with the hotel. Requests for accommodations cannot be assured if made after May 6, 2014.

To Make Reservations: Crowne Plaza Chicago Metro 733 W. Madison Street Chicago, IL 60601 (312) 829-5000 Voice (312) 602-2180 Fax www.crowneplaza.com/chicagometro When booking online enter group code:

Please mention to the hotel reservation receptionist that you are with the IIT Chicago-Kent College of Law Conference on Not-For-Profit Organizations.

Registration Fee (per person)

Early Registration Fee: $220

After May 16, 2014: $250(A $10 per person discount is available to groups that register 3 or more individuals at the same time.) Chicago-Kent College of Law Alumni Rate: $195(no group discount available and non-transferable)

Fee includes continental breakfast, lunch and course materials.

General Information

Who Should Attend • Experienced Attorneys • Experienced Accountants • Experienced Not-For-Profit Organizations Staff • Experienced Advisors of Not-For-Profit Organizations

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IIT Chicago-Kent College of Law presents the 33rd annual Conference on Not-For-Profit OrganizationsThursday, June 5, 2014 In Cooperation with: Donors Forum Illinois CPA Society

Highlights

• IRS Focus 2014, featuring Suzanne Ross McDowell, Steptoe & Johnson LLP• Governance Decisions with Tax Implications• Illinois Attorney General’s Charitable Trust Bureau Update• Recent Developments in Employment Law That May Affect Your Workplace• Audit and Accounting Update• Cause-Related Marketing, Commerical Co-Ventures, and the New Era of Multi-State Fundraising• Advanced Private Foundation Issues• Top 10 Pitfalls of Not-For-Profits• Affordable Care Act Update• Aquisitions, Operations, ADA, and Insurance Issues• Lobbying and Political Activities in an Election Year• IRS Form 990 Audit Issues and Developments• Key Trends in Nonprofit Law and Governance• Fundamentals of Tax-Exempt Financing• Legal Ethics• Tax Reporting Obligations for Foreign Investments

Continuing Legal Education

Page 2: Mail: presents the 33rd annual Conference on Not …...III. Top 10 IP Pitfalls of Not-For-Plante Moran PLLCProfits • Misconceptions and incorrect assumptions can lead many not-for-profits

Thursday, June 5, 2014 8:00 a.m.–8:55 a.m. Registration 8:55 a.m.–9:00 a.m. Welcome & Announcements 9:00 a.m.–10:00 a.m. IRS Focus 2014 • This session will review

developments at the IRS in the last year and what we can expect in the coming year, includ a discussion of personnel changes, the proposed guidance on the conduct of political activities by social welfare organizations, and the IRS’ priorities for guidance and other projects. Suzanne Ross McDowellSteptoe & Johnson LLP

10:00 a.m.–11:00 a.m. Governance Decisions with Tax Implications • Non-profit boards and staff make

governance decisions in blissful ignorance of their tax implications. Board size and composition, relations with suppliers and partners, the composition of the mission statement, use of the mailing list and a dozen other decisions all have tax implications. This session will review governance decisions with tax implications and provide guidance on avoiding tax pitfalls. Paula Cozzi Goedert Barnes & Thornburg LLP

11:00 a.m.–11:15 a.m. Break 11:15 a.m.–12:00 p.m. Concurrent Workshops— Choose OneI. Illinois Attorney General’s Charitable Trust Bureau Update • Compliance and reporting requirements

• Litigation matters and concerns Therese Harris Chief, Charitable Trust Bureau, Office of the Illinois Attorney General Moderator: Floyd D. Perkins Ungaretti & Harris LLP

II. Recent Developments in Employment Law• This session will discuss what

is new and noteworthy in the employment law arena and offers guidance on how not-for-profit organizations can avoid risk in these changing times. Richard J. Gonzalez Clinical Professor of Law IIT Chicago-Kent College of Law

III. Audit and Accounting Update • This session will discuss

recent accounting and audit developments of interest to not-for-profit organizations. It will also review ongoing FASB projects that could have a signifcant impact on not-for-profit accounting and financial reporting. Thomas BreanGrant Thornton LLP

12:00 p.m.–1:00 p.m.Buffet Luncheon 12:15 p.m.–1:00 p.m. Luncheon Topics I. Cause-Related Marketing, Commerical Co-Ventures, and the New Era of Multi- State Fundraising • Legal requirements imposed on

nonprofits and for-profit companies conducting charitable co-venture promotions

• Negotiating charitable promotion agreements with for-profit partners

• Managing multi-state compliance considerations in commercial co-ventures

• Identifying federal tax and other legal implications in commercial co-ventures and cause-related marketing Brian D. Fergemann Winston & Strawn LLP Ryan K. Oberly Wagenmaker & Oberly LLC

II. Advanced Private Foundation Issues • This session will address

expenditure responsibility, international grantmaking issues (including equivalency determinations), program-related investments, complex self-dealing issues, and more. Jodi Patt Pellettiere Quarles & Brady LLP Amanda K. Blaising Quarles & Brady LLP

III. Top 10 IP Pitfalls of Not-For- Profits • Misconceptions and incorrect

assumptions can lead many not-for-profits to ignore certain intellectual property rights (patents, trademarks, copyrights, and trade secrets) until it is too late. This session will focus on those IP pitfalls particularly applicable to not-for-profit organizations. Roger H. Stein Ungaretti & Harris LLP

1:00 p.m.–2:15 p.m. Concurrent Workshops— Choose OneI. Affordable Care Act Update • This session provides an overview

of the recently finalized regulations impacting the employer mandate under the ACA and what steps employers need to take to ensure compliance. Kevin P. Shimkus Deloitte Tax LLP

John L. BarlamentQuarles & Brady LLP

II. Acquisitions, Operations, ADA, and Insurance Issues This panel will discuss a range of issues raised and potential problems when a not-for-profit organization acquires space (by lease or purchase) and conducts its charitable activities, including: • Practical considerations when

choosing a location, leasing or purchasing offices or other facilities, and operating its programs

• Necessary insurance coverage, including general liability, property & casualty, workers compensation, automobiles, and D & O

• ADA premises and operational issues, including ingress, egress, path of travel, and employee and client accommodations David S. ChernoffAssociate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation Allen K. Flagler, Jr. The Flagler Agency Inc. Richard J. Gonzalez Clinical Professor of Law IIT Chicago-Kent College of Law

III. Lobbying and Political Activities in an Election Year

• This session will address the existing and proposed rules on exempt organization lobbying and political activity, as well as strategies for compliance, in light of the recent and ongoing controversy over the scope of existing rules. Michael A. Clark Sidley Austin LLP John Pomeranz Harmon, Curran, Spielberg, & Eisenberg LLP

2:15 p.m.–2:25 p.m.Break 2:25 p.m.–3:40 p.m. Concurrent Workshops— Choose OneI. IRS Form 990 Audit Issues and Developments • Two active practioners, an

attorney and a CPA, will review recent developments involving the IRS focus on IRS Form 990 in approaching audit issues. In addition to looking at changes in the Form 990, the speakers will review recent IRS compliance audits, published guidance, and tax cases which have focused on compensation issues and UBIT impacting nonprofit orgnaizations, religious organizations, universities, and trade associations. Kathyrn M. Vanden BerkBea & VandenBerk Brian T. WhitlockPlante Moran PLLC

II. Key Trends in Nonprofit Law and Governance • This session will offer an update

on nonprofit corporate law and governance developments Michael W. Peregrine McDermott, Will, & Emery LLP

III. Fundamentals of Tax-Exempt Financing • This session will discuss recent

legal and capital markets trends in not-for-profit finance, including the state of the capital markets five years after the crash, the final municipal advisor rule, the recent growth in taxable borrowings and its appeal to many borrowers, other ways to access the floating rate market, including direct lending, floating rate notes, and other similar instruments and the risk of the loss of tax exemption.

Stephen W. Johnson Ziegler David J. Kates Chapman and Cutler LLP

3:40 p.m.–3:50 p.m.Break 3:50 p.m.–4:50 p.m. Concurrent Workshops— Choose OneI. Legal Ethics This session will: • Review the most commonly

encountered Rules of Professional Conduct

• Discuss interactively a number of practical hypothetical ethical situations David S. Chernoff Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation

II. Tax Reporting Obligations for Foreign Investments • Not-for-profit organizations now

operate in a world transformed by tighter regulations, economic globalization and increased demand worldwide for program services, thus creating opportunities to expand their global reach by addressing critical needs across borders, soliciting financial support outside the organization’s country of incorporation, and investing in foreign financial markets and activities. However, these opportunities bring complex multinational tax implications. This session will address some of the more complex international tax issues regarding U.S. reporting requirements related to foreign activity. Julie DeeGrant Thornton LLP

Program ScheduleProgram Faculty

John L. Barlament, Quarles & Brady LLP Amanda K. Blaising, Quarles & Brady LLP Thomas Brean, Grant Thornton LLP David S. Chernoff, Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation Michael A. Clark, Sidley Austin LLP Julie A. Dee, Grant Thornton LLP Brian D. Fergemann, Winston & Strawn LLP Allen K. Flagler, Jr., The Flagler Agency Inc. Paula Cozzi Goedert, Barnes & Thornburg LLP Richard J. Gonzalez, Clinical Professor of Law, IIT Chicago-Kent College of Law Therese Harris, Chief, Charitable Trust Bureau, Office of the Illinois Attorney General Stephen W. Johnson, Ziegler David J. Kates, Chapman and Cutler LLPSuzanne Ross McDowell, Steptoe & Johnson LLP Ryan K. Oberly, Wagenmaker & Oberly LLCJodi Patt Pellettiere, Quarles & Brady LLP Michael W. Peregrine, McDermott, Will, & Emery LLPFloyd D. Perkins, Ungaretti & Harris LLP John Pomeranz, Harmon, Curran, Spielberg, & Eisenberg LLPRoger H. Stein, Ungaretti & Harris LLP Kevin P. Shimkus, Deloitte Tax LLP Kathryn M. Vanden Berk, Bea & VandenBerk Brian T. Whitlock, Plante Moran PLLC

Advisory Board Andreason L. BrownVice President, Finance & Administration Donors Forum

David S. ChernoffAssociate General Counsel, retired The John D. and Catherine T. MacArthur Foundation Conference Co-Chair

Thomas E. ChomiczRetired Partner Quarles & Brady LLP Conference Co-Chair

Philip N. HablutzelProfessor of Law IIT Chicago-Kent College of Law Faculty Sponsor

Bruce E. HueyDirector Friedman & Huey Associates LLP

William I. MillerOffice of Chief Counsel, Tax Exempt & Government Entities Internal Revenue Service

Valerie C. PereraDirector Office of Continuing Legal and Professional Education IIT Chicago-Kent College of Law

Floyd D. PerkinsPartner Ungaretti & Harris LLP

Mary RauschenbergTax DirectorDeloitte Tax LLP

Janice E. RodgersPartner and Chair Tax-Exempt Organizations Team Quarles & Brady LLP Conference Co-Chair

David S. RosenSenior Vice President, Endowments Jewish United Fund

Brian T. WhitlockTax Partner Plante Moran PLLC

Suzanne Ross McDowellPartner, Steptoe & Johnson LLP

IRS Focus 2014

OPENING PLENARY SPEAKER:

Page 3: Mail: presents the 33rd annual Conference on Not …...III. Top 10 IP Pitfalls of Not-For-Plante Moran PLLCProfits • Misconceptions and incorrect assumptions can lead many not-for-profits

Registration Form: Not-For-Profit Organizations Thursday, June 5, 2014 3 Easy Ways to RegisterOnline: cle.kentlaw.edu Mail: Office of Continuing Legal & Professional Education

IIT Chicago-Kent College of Law 565 West Adams St.

Chicago, IL 60661-3691 Phone: (312) 906-5090

Name (please print) Professional Title

Firm

Address

City State Zip

Telephone Fax

Email

Attorney Registration # If Chicago-Kent College of Law Alumni, list month and year of graduation: Month_____Year_____

q���Please check here if you have any special needs and a CLE staff member will contact you.

Payment Informationq� Payment by check. Amount enclosed $ ____________________(Make check payable to: IIT Chicago-Kent College of Law)

q� Payment by credit card. Amount enclosed $ _________________

q� VISA q��MasterCard q� American Express q��Discover

Card # Exp. Date

Security Code

Signature

Program LocationThe conference will be held at IIT Chicago-Kent College of Law, 565 West Adams Street in Chicago. Confirmation of Registration A letter of confirmation will be emailed to the address given on your registration form. If you do not receive an email confirmation after registering and before the conference please contact the Office of Continuing Legal & Professional Education at [email protected]. Confirmation of Attendance A certificate of attendance will be provided at registration. Cancellations and Refunds Written notification of cancellation is required. A full tuition refund is available if notification is received prior to May 8, 2014; 25% will be charged if notification is received between May 8 and May 29, 2014. No refunds will be granted after May 29, 2014.

MCLE Credit IIT Chicago-Kent College of Law is an accredited provider for IL & PA MCLE. This conference is eligible for 7.0 hours of IL MCLE and includes 1.0 hour of ethics credit (pending final approval). The actual number of approved hours may vary from state to state. For additional information: please call the Office of Continuing Legal and Professional Education, IIT Chicago-Kent College of Law, (312) 906-5090, or send an email to [email protected]. CPE Credit 8.0 hours on a “50-minute” credit hour. IIT Chicago-Kent College of Law is a registered public accountant professional education sponsor in Illinois.

Hotel Accommodations Hotel accommodations for the convenience of out-of-town guests have been made at the Crowne Plaza Chicago Metro. The room rate at the Crowne Plaza Chicago Metro is $189 for single or double occupancy, plus 16.4% tax. The Crowne is located four blocks west of the law school within easy walking distance. Please make reservations directly with the hotel. Requests for accommodations cannot be assured if made after May 6, 2014.

To Make Reservations: Crowne Plaza Chicago Metro 733 W. Madison Street Chicago, IL 60601 (312) 829-5000 Voice (312) 602-2180 Fax www.crowneplaza.com/chicagometro When booking online enter group code: NP6

Please mention to the hotel reservation receptionist that you are with the IIT Chicago-Kent College of Law Conference on Not-For-Profit Organizations.

Registration Fee (per person)

Early Registration Fee: $220 After May 16, 2014: $250 (A $10 per person discount is available to groups that register 3 or more individuals at the same time.) Chicago-Kent College of Law Alumni Rate: $195 (no group discount available and non-transferable)

Fee includes continental breakfast, lunch and course materials.

General Information

Who Should Attend • Experienced Attorneys • Experienced Accountants • Experienced Not-For-Profit Organizations Staff • Experienced Advisors of Not-For-Profit Organizations

33rd

ann

ual C

onfe

renc

e on

N

ot-F

or-P

rofit

Org

aniz

atio

ns

Thur

sday

June

5, 2

014

565

Wes

t Ada

ms

Stre

et

Chi

cago

, Illi

nois

606

61

Non

-Pro

fit O

rgU.

S. P

osta

gePA

IDCh

icag

o, IL

Perm

it N

o. 7

706

IIT Chicago-Kent College of Law presents the 33rd annual Conference on Not-For-Profit Organizations Thursday, June 5, 2014 In Cooperation with: Donors Forum Illinois CPA Society

Highlights

• IRS Focus 2014, featuring Suzanne Ross McDowell, Steptoe & Johnson LLP• Governance Decisions with Tax Implications• Illinois Attorney General’s Charitable Trust Bureau Update• Recent Developments in Employment Law• Audit and Accounting Update

• Cause-Related Marketing, Commercial Co-Ventures, and the New Era of Multi-State Fundraising• Advanced Private Foundation Issues• Top 10 IP Pitfalls of Not-For-Profits• Affordable Care Act Update• Acquisitions, Operations, ADA, and Insurance Issues• Lobbying and Political Activities in an Election Year• IRS Form 990 Audit Issues and Developments• Key Trends in Nonprofit Law and Governance• Fundamentals of Tax-Exempt Financing• Legal Ethics• Tax Reporting Obligations for Foreign Investments

Continuing Legal Education

Page 4: Mail: presents the 33rd annual Conference on Not …...III. Top 10 IP Pitfalls of Not-For-Plante Moran PLLCProfits • Misconceptions and incorrect assumptions can lead many not-for-profits

Thursday, June 5, 2014 8:00 a.m.–8:55 a.m. Registration 8:55 a.m.–9:00 a.m. Welcome & Announcements 9:00 a.m.–10:00 a.m. IRS Focus 2014 • This session will review

developments at the IRS in the last year and what we can expect in the coming year, including a discussion of personnel changes, the proposed guidance on the conduct of political activities by social welfare organizations, and the IRS’ priorities for guidance and other projects. Suzanne Ross McDowell Steptoe & Johnson LLP

10:00 a.m.–11:00 a.m. Governance Decisions with Tax Implications • Non-profit boards and staff make

governance decisions in blissful ignorance of their tax implications. Board size and composition, relations with suppliers and partners, the composition of the mission statement, use of the mailing list and a dozen other decisions all have tax implications. This session will review governance decisions with tax implications and provide guidance on avoiding tax pitfalls. Paula Cozzi Goedert Barnes & Thornburg LLP

11:00 a.m.–11:15 a.m. Break 11:15 a.m.–12:00 p.m. Concurrent Workshops— Choose One I. Illinois Attorney General’s Charitable Trust Bureau Update • Compliance and reporting requirements

• Litigation matters and concerns Therese Harris Chief, Charitable Trust Bureau, Office of the Illinois Attorney General Moderator: Floyd D. Perkins Ungaretti & Harris LLP

II. Recent Developments in Employment Law • This session will discuss what

is new and noteworthy in the employment law arena and offers guidance on how not-for-profit organizations can avoid risk in these changing times. Richard J. Gonzalez Clinical Professor of Law IIT Chicago-Kent College of Law

III. Audit and Accounting Update • This session will discuss

recent accounting and audit developments of interest to not-for-profit organizations. It will also review ongoing FASB projects that could have a significant impact on not-for-profit accounting and financial reporting. Thomas Brean Grant Thornton LLP

12:00 p.m.–1:00 p.m. Buffet Luncheon 12:15 p.m.–1:00 p.m. Luncheon Topics I. Cause-Related Marketing, Commercial Co-Ventures, and the New Era of Multi- State Fundraising • Legal requirements imposed on

nonprofits and for-profit companies conducting charitable co-venture promotions

• Negotiating charitable promotion agreements with for-profit partners

• Managing multi-state compliance considerations in commercial co-ventures

• Identifying federal tax and other legal implications in commercial co-ventures and cause-related marketing Brian D. Fergemann Winston & Strawn LLP Ryan K. Oberly Wagenmaker & Oberly LLC

II. Advanced Private Foundation Issues • This session will address

expenditure responsibility, international grantmaking issues (including equivalency determinations), program-related investments, complex self-dealing issues, and more. Jodi Patt Pellettiere Quarles & Brady LLP Amanda K. Blaising Quarles & Brady LLP

III. Top 10 IP Pitfalls of Not-For- Profits • Misconceptions and incorrect

assumptions can lead many not-for-profits to ignore certain intellectual property rights (patents, trademarks, copyrights, and trade secrets) until it is too late. This session will focus on those IP pitfalls particularly applicable to not-for-profit organizations. Roger H. Stein Ungaretti & Harris LLP

1:00 p.m.–2:15 p.m. Concurrent Workshops— Choose One I. Affordable Care Act Update • This session provides an overview

of the recently finalized regulations impacting the employer mandate under the ACA and what steps employers need to take to ensure compliance. Kevin P. Shimkus Deloitte Tax LLP

John L. Barlament Quarles & Brady LLP

II. Acquisitions, Operations, ADA, and Insurance Issues This panel will discuss a range of issues raised and potential problems when a not-for-profit organization acquires space (by lease or purchase) and conducts its charitable activities, including: • Practical considerations when

choosing a location, leasing or purchasing offices or other facilities, and operating its programs

• Necessary insurance coverage, including general liability, property & casualty, workers compensation, automobiles, and D & O

• ADA premises and operational issues, including ingress, egress, path of travel, and employee and client accommodations David S. Chernoff Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation Allen K. Flagler, Jr. The Flagler Agency Inc. Richard J. Gonzalez Clinical Professor of Law IIT Chicago-Kent College of Law

III. Lobbying and Political Activities in an Election Year

• This session will address the existing and proposed rules on exempt organization lobbying and political activity, as well as strategies for compliance, in light of the recent and ongoing controversy over the scope of existing rules. Michael A. Clark Sidley Austin LLP John Pomeranz Harmon, Curran, Spielberg, & Eisenberg LLP

2:15 p.m.–2:25 p.m. Break 2:25 p.m.–3:40 p.m. Concurrent Workshops— Choose One I. IRS Form 990 Audit Issues and Developments • Two active practitioners, an

attorney and a CPA, will review recent developments involving the IRS focus on IRS Form 990 in approaching audit issues. In addition to looking at changes in the Form 990, the speakers will review recent IRS compliance audits, published guidance, and tax cases which have focused on compensation issues and UBIT impacting nonprofit organizations, religious organizations, universities, and trade associations. Kathryn M. Vanden Berk Bea & VandenBerk Brian T. Whitlock Plante Moran PLLC

II. Key Trends in Nonprofit Law and Governance • This session will offer an update

on nonprofit corporate law and governance developments Michael W. Peregrine McDermott, Will, & Emery LLP

III. Fundamentals of Tax-Exempt Financing • This session will discuss recent

legal and capital markets trends in not-for-profit finance, including the state of the capital markets five years after the crash, the final municipal advisor rule, the recent growth in taxable borrowings and its appeal to many borrowers, other ways to access the floating rate market, including direct lending, floating rate notes, and other similar instruments and the risk of the loss of tax exemption.

Stephen W. Johnson Ziegler David J. Kates Chapman and Cutler LLP

3:40 p.m.–3:50 p.m. Break 3:50 p.m.–4:50 p.m. Concurrent Workshops— Choose One I. Legal Ethics This session will: • Review the most commonly

encountered Rules of Professional Conduct

• Discuss interactively a number of practical hypothetical ethical situations David S. Chernoff Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation

II. Tax Reporting Obligations for Foreign Investments • Not-for-profit organizations now

operate in a world transformed by tighter regulations, economic globalization and increased demand worldwide for program services, thus creating opportunities to expand their global reach by addressing critical needs across borders, soliciting financial support outside the organization’s country of incorporation, and investing in foreign financial markets and activities. However, these opportunities bring complex multinational tax implications. This session will address some of the more complex international tax issues regarding U.S. reporting requirements related to foreign activity. Julie Dee Grant Thornton LLP

Program ScheduleProgram Faculty

John L. Barlament, Quarles & Brady LLP Amanda K. Blaising, Quarles & Brady LLP Thomas Brean, Grant Thornton LLP David S. Chernoff, Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation Michael A. Clark, Sidley Austin LLP Julie A. Dee, Grant Thornton LLP Brian D. Fergemann, Winston & Strawn LLP Allen K. Flagler, Jr., The Flagler Agency Inc. Paula Cozzi Goedert, Barnes & Thornburg LLP Richard J. Gonzalez, Clinical Professor of Law, IIT Chicago-Kent College of Law Therese Harris, Chief, Charitable Trust Bureau, Office of the Illinois Attorney General Stephen W. Johnson, Ziegler David J. Kates, Chapman and Cutler LLP Suzanne Ross McDowell, Steptoe & Johnson LLP Ryan K. Oberly, Wagenmaker & Oberly LLC Jodi Patt Pellettiere, Quarles & Brady LLP Michael W. Peregrine, McDermott, Will, & Emery LLP Floyd D. Perkins, Ungaretti & Harris LLP John Pomeranz, Harmon, Curran, Spielberg, & Eisenberg LLP Roger H. Stein, Ungaretti & Harris LLP Kevin P. Shimkus, Deloitte Tax LLP Kathryn M. Vanden Berk, Bea & VandenBerk Brian T. Whitlock, Plante Moran PLLC

Advisory Board Andreason L. Brown Chief Financial Officer Donors Forum

David S. Chernoff Associate General Counsel, retired The John D. and Catherine T. MacArthur Foundation Conference Co-Chair

Thomas E. Chomicz Retired Partner Quarles & Brady LLP Conference Co-Chair

Philip N. Hablutzel Professor of Law IIT Chicago-Kent College of Law Faculty Sponsor

Bruce E. Huey Director Friedman & Huey Associates LLP

William I. Miller Office of Chief Counsel, Tax Exempt & Government Entities Internal Revenue Service

Valerie C. Perera Director Office of Continuing Legal and Professional Education IIT Chicago-Kent College of Law

Floyd D. Perkins Partner Ungaretti & Harris LLP

Mary Rauschenberg Tax DirectorDeloitte Tax LLP

Janice E. Rodgers Partner and Chair Tax-Exempt Organizations Team Quarles & Brady LLP Conference Co-Chair

David S. Rosen Senior Vice President, Endowments Jewish United Fund

Brian T. Whitlock Tax Partner Plante Moran PLLC

Suzanne Ross McDowellPartner, Steptoe & Johnson LLP

IRS Focus 2014

OPENING PLENARY SPEAKER:

Page 5: Mail: presents the 33rd annual Conference on Not …...III. Top 10 IP Pitfalls of Not-For-Plante Moran PLLCProfits • Misconceptions and incorrect assumptions can lead many not-for-profits

Thursday, June 5, 2014 8:00 a.m.–8:55 a.m. Registration 8:55 a.m.–9:00 a.m. Welcome & Announcements 9:00 a.m.–10:00 a.m. IRS Focus 2014 • This session will review

developments at the IRS in the last year and what we can expect in the coming year, including a discussion of personnel changes, the proposed guidance on the conduct of political activities by social welfare organizations, and the IRS’ priorities for guidance and other projects. Suzanne Ross McDowell Steptoe & Johnson LLP

10:00 a.m.–11:00 a.m. Governance Decisions with Tax Implications • Non-profit boards and staff make

governance decisions in blissful ignorance of their tax implications. Board size and composition, relations with suppliers and partners, the composition of the mission statement, use of the mailing list and a dozen other decisions all have tax implications. This session will review governance decisions with tax implications and provide guidance on avoiding tax pitfalls. Paula Cozzi Goedert Barnes & Thornburg LLP

11:00 a.m.–11:15 a.m. Break 11:15 a.m.–12:00 p.m. Concurrent Workshops— Choose One I. Illinois Attorney General’s Charitable Trust Bureau Update • Compliance and reporting requirements

• Litigation matters and concerns Therese Harris Chief, Charitable Trust Bureau, Office of the Illinois Attorney General Moderator: Floyd D. Perkins Ungaretti & Harris LLP

II. Recent Developments in Employment Law • This session will discuss what

is new and noteworthy in the employment law arena and offers guidance on how not-for-profit organizations can avoid risk in these changing times. Richard J. Gonzalez Clinical Professor of Law IIT Chicago-Kent College of Law

III. Audit and Accounting Update • This session will discuss

recent accounting and audit developments of interest to not-for-profit organizations. It will also review ongoing FASB projects that could have a significant impact on not-for-profit accounting and financial reporting. Thomas Brean Grant Thornton LLP

12:00 p.m.–1:00 p.m. Buffet Luncheon 12:15 p.m.–1:00 p.m. Luncheon Topics I. Cause-Related Marketing, Commercial Co-Ventures, and the New Era of Multi- State Fundraising • Legal requirements imposed on

nonprofits and for-profit companies conducting charitable co-venture promotions

• Negotiating charitable promotion agreements with for-profit partners

• Managing multi-state compliance considerations in commercial co-ventures

• Identifying federal tax and other legal implications in commercial co-ventures and cause-related marketing Brian D. Fergemann Winston & Strawn LLP Ryan K. Oberly Wagenmaker & Oberly LLC

II. Advanced Private Foundation Issues • This session will address

expenditure responsibility, international grantmaking issues (including equivalency determinations), program-related investments, complex self-dealing issues, and more. Jodi Patt Pellettiere Quarles & Brady LLP Amanda K. Blaising Quarles & Brady LLP

III. Top 10 IP Pitfalls of Not-For- Profits • Misconceptions and incorrect

assumptions can lead many not-for-profits to ignore certain intellectual property rights (patents, trademarks, copyrights, and trade secrets) until it is too late. This session will focus on those IP pitfalls particularly applicable to not-for-profit organizations. Roger H. Stein Ungaretti & Harris LLP

1:00 p.m.–2:15 p.m. Concurrent Workshops— Choose One I. Affordable Care Act Update • This session provides an overview

of the recently finalized regulations impacting the employer mandate under the ACA and what steps employers need to take to ensure compliance. Kevin P. Shimkus Deloitte Tax LLP

John L. Barlament Quarles & Brady LLP

II. Acquisitions, Operations, ADA, and Insurance Issues This panel will discuss a range of issues raised and potential problems when a not-for-profit organization acquires space (by lease or purchase) and conducts its charitable activities, including: • Practical considerations when

choosing a location, leasing or purchasing offices or other facilities, and operating its programs

• Necessary insurance coverage, including general liability, property & casualty, workers compensation, automobiles, and D & O

• ADA premises and operational issues, including ingress, egress, path of travel, and employee and client accommodations David S. Chernoff Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation Allen K. Flagler, Jr. The Flagler Agency Inc. Richard J. Gonzalez Clinical Professor of Law IIT Chicago-Kent College of Law

III. Lobbying and Political Activities in an Election Year

• This session will address the existing and proposed rules on exempt organization lobbying and political activity, as well as strategies for compliance, in light of the recent and ongoing controversy over the scope of existing rules. Michael A. Clark Sidley Austin LLP John Pomeranz Harmon, Curran, Spielberg, & Eisenberg LLP

2:15 p.m.–2:25 p.m. Break 2:25 p.m.–3:40 p.m. Concurrent Workshops— Choose One I. IRS Form 990 Audit Issues and Developments • Two active practitioners, an

attorney and a CPA, will review recent developments involving the IRS focus on IRS Form 990 in approaching audit issues. In addition to looking at changes in the Form 990, the speakers will review recent IRS compliance audits, published guidance, and tax cases which have focused on compensation issues and UBIT impacting nonprofit organizations, religious organizations, universities, and trade associations. Kathryn M. Vanden Berk Bea & VandenBerk Brian T. Whitlock Plante Moran PLLC

II. Key Trends in Nonprofit Law and Governance • This session will offer an update

on nonprofit corporate law and governance developments Michael W. Peregrine McDermott, Will, & Emery LLP

III. Fundamentals of Tax-Exempt Financing • This session will discuss recent

legal and capital markets trends in not-for-profit finance, including the state of the capital markets five years after the crash, the final municipal advisor rule, the recent growth in taxable borrowings and its appeal to many borrowers, other ways to access the floating rate market, including direct lending, floating rate notes, and other similar instruments and the risk of the loss of tax exemption.

Stephen W. Johnson Ziegler David J. Kates Chapman and Cutler LLP

3:40 p.m.–3:50 p.m. Break 3:50 p.m.–4:50 p.m. Concurrent Workshops— Choose One I. Legal Ethics This session will: • Review the most commonly

encountered Rules of Professional Conduct

• Discuss interactively a number of practical hypothetical ethical situations David S. Chernoff Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation

II. Tax Reporting Obligations for Foreign Investments • Not-for-profit organizations now

operate in a world transformed by tighter regulations, economic globalization and increased demand worldwide for program services, thus creating opportunities to expand their global reach by addressing critical needs across borders, soliciting financial support outside the organization’s country of incorporation, and investing in foreign financial markets and activities. However, these opportunities bring complex multinational tax implications. This session will address some of the more complex international tax issues regarding U.S. reporting requirements related to foreign activity. Julie Dee Grant Thornton LLP

Program ScheduleProgram Faculty

John L. Barlament, Quarles & Brady LLP Amanda K. Blaising, Quarles & Brady LLP Thomas Brean, Grant Thornton LLP David S. Chernoff, Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation Michael A. Clark, Sidley Austin LLP Julie A. Dee, Grant Thornton LLP Brian D. Fergemann, Winston & Strawn LLP Allen K. Flagler, Jr., The Flagler Agency Inc. Paula Cozzi Goedert, Barnes & Thornburg LLP Richard J. Gonzalez, Clinical Professor of Law, IIT Chicago-Kent College of Law Therese Harris, Chief, Charitable Trust Bureau, Office of the Illinois Attorney General Stephen W. Johnson, Ziegler David J. Kates, Chapman and Cutler LLP Suzanne Ross McDowell, Steptoe & Johnson LLP Ryan K. Oberly, Wagenmaker & Oberly LLC Jodi Patt Pellettiere, Quarles & Brady LLP Michael W. Peregrine, McDermott, Will, & Emery LLP Floyd D. Perkins, Ungaretti & Harris LLP John Pomeranz, Harmon, Curran, Spielberg, & Eisenberg LLP Roger H. Stein, Ungaretti & Harris LLP Kevin P. Shimkus, Deloitte Tax LLP Kathryn M. Vanden Berk, Bea & VandenBerk Brian T. Whitlock, Plante Moran PLLC

Advisory Board Andreason L. Brown Chief Financial Officer Donors Forum

David S. Chernoff Associate General Counsel, retired The John D. and Catherine T. MacArthur Foundation Conference Co-Chair

Thomas E. Chomicz Retired Partner Quarles & Brady LLP Conference Co-Chair

Philip N. Hablutzel Professor of Law IIT Chicago-Kent College of Law Faculty Sponsor

Bruce E. Huey Director Friedman & Huey Associates LLP

William I. Miller Office of Chief Counsel, Tax Exempt & Government Entities Internal Revenue Service

Valerie C. Perera Director Office of Continuing Legal and Professional Education IIT Chicago-Kent College of Law

Floyd D. Perkins Partner Ungaretti & Harris LLP

Mary Rauschenberg Tax DirectorDeloitte Tax LLP

Janice E. Rodgers Partner and Chair Tax-Exempt Organizations Team Quarles & Brady LLP Conference Co-Chair

David S. Rosen Senior Vice President, Endowments Jewish United Fund

Brian T. Whitlock Tax Partner Plante Moran PLLC

Suzanne Ross McDowellPartner, Steptoe & Johnson LLP

IRS Focus 2014

OPENING PLENARY SPEAKER:

Page 6: Mail: presents the 33rd annual Conference on Not …...III. Top 10 IP Pitfalls of Not-For-Plante Moran PLLCProfits • Misconceptions and incorrect assumptions can lead many not-for-profits

Thursday, June 5, 2014 8:00 a.m.–8:55 a.m. Registration 8:55 a.m.–9:00 a.m. Welcome & Announcements 9:00 a.m.–10:00 a.m. IRS Focus 2014 • This session will review

developments at the IRS in the last year and what we can expect in the coming year, including a discussion of personnel changes, the proposed guidance on the conduct of political activities by social welfare organizations, and the IRS’ priorities for guidance and other projects. Suzanne Ross McDowell Steptoe & Johnson LLP

10:00 a.m.–11:00 a.m. Governance Decisions with Tax Implications • Non-profit boards and staff make

governance decisions in blissful ignorance of their tax implications. Board size and composition, relations with suppliers and partners, the composition of the mission statement, use of the mailing list and a dozen other decisions all have tax implications. This session will review governance decisions with tax implications and provide guidance on avoiding tax pitfalls. Paula Cozzi Goedert Barnes & Thornburg LLP

11:00 a.m.–11:15 a.m. Break 11:15 a.m.–12:00 p.m. Concurrent Workshops— Choose One I. Illinois Attorney General’s Charitable Trust Bureau Update • Compliance and reporting requirements

• Litigation matters and concerns Therese Harris Chief, Charitable Trust Bureau, Office of the Illinois Attorney General Moderator: Floyd D. Perkins Ungaretti & Harris LLP

II. Recent Developments in Employment Law • This session will discuss what

is new and noteworthy in the employment law arena and offers guidance on how not-for-profit organizations can avoid risk in these changing times. Richard J. Gonzalez Clinical Professor of Law IIT Chicago-Kent College of Law

III. Audit and Accounting Update • This session will discuss

recent accounting and audit developments of interest to not-for-profit organizations. It will also review ongoing FASB projects that could have a significant impact on not-for-profit accounting and financial reporting. Thomas Brean Grant Thornton LLP

12:00 p.m.–1:00 p.m. Buffet Luncheon 12:15 p.m.–1:00 p.m. Luncheon Topics I. Cause-Related Marketing, Commercial Co-Ventures, and the New Era of Multi- State Fundraising • Legal requirements imposed on

nonprofits and for-profit companies conducting charitable co-venture promotions

• Negotiating charitable promotion agreements with for-profit partners

• Managing multi-state compliance considerations in commercial co-ventures

• Identifying federal tax and other legal implications in commercial co-ventures and cause-related marketing Brian D. Fergemann Winston & Strawn LLP Ryan K. Oberly Wagenmaker & Oberly LLC

II. Advanced Private Foundation Issues • This session will address

expenditure responsibility, international grantmaking issues (including equivalency determinations), program-related investments, complex self-dealing issues, and more. Jodi Patt Pellettiere Quarles & Brady LLP Amanda K. Blaising Quarles & Brady LLP

III. Top 10 IP Pitfalls of Not-For- Profits • Misconceptions and incorrect

assumptions can lead many not-for-profits to ignore certain intellectual property rights (patents, trademarks, copyrights, and trade secrets) until it is too late. This session will focus on those IP pitfalls particularly applicable to not-for-profit organizations. Roger H. Stein Ungaretti & Harris LLP

1:00 p.m.–2:15 p.m. Concurrent Workshops— Choose One I. Affordable Care Act Update • This session provides an overview

of the recently finalized regulations impacting the employer mandate under the ACA and what steps employers need to take to ensure compliance. Kevin P. Shimkus Deloitte Tax LLP

John L. Barlament Quarles & Brady LLP

II. Acquisitions, Operations, ADA, and Insurance Issues This panel will discuss a range of issues raised and potential problems when a not-for-profit organization acquires space (by lease or purchase) and conducts its charitable activities, including: • Practical considerations when

choosing a location, leasing or purchasing offices or other facilities, and operating its programs

• Necessary insurance coverage, including general liability, property & casualty, workers compensation, automobiles, and D & O

• ADA premises and operational issues, including ingress, egress, path of travel, and employee and client accommodations David S. Chernoff Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation Allen K. Flagler, Jr. The Flagler Agency Inc. Richard J. Gonzalez Clinical Professor of Law IIT Chicago-Kent College of Law

III. Lobbying and Political Activities in an Election Year

• This session will address the existing and proposed rules on exempt organization lobbying and political activity, as well as strategies for compliance, in light of the recent and ongoing controversy over the scope of existing rules. Michael A. Clark Sidley Austin LLP John Pomeranz Harmon, Curran, Spielberg, & Eisenberg LLP

2:15 p.m.–2:25 p.m. Break 2:25 p.m.–3:40 p.m. Concurrent Workshops— Choose One I. IRS Form 990 Audit Issues and Developments • Two active practitioners, an

attorney and a CPA, will review recent developments involving the IRS focus on IRS Form 990 in approaching audit issues. In addition to looking at changes in the Form 990, the speakers will review recent IRS compliance audits, published guidance, and tax cases which have focused on compensation issues and UBIT impacting nonprofit organizations, religious organizations, universities, and trade associations. Kathryn M. Vanden Berk Bea & VandenBerk Brian T. Whitlock Plante Moran PLLC

II. Key Trends in Nonprofit Law and Governance • This session will offer an update

on nonprofit corporate law and governance developments Michael W. Peregrine McDermott, Will, & Emery LLP

III. Fundamentals of Tax-Exempt Financing • This session will discuss recent

legal and capital markets trends in not-for-profit finance, including the state of the capital markets five years after the crash, the final municipal advisor rule, the recent growth in taxable borrowings and its appeal to many borrowers, other ways to access the floating rate market, including direct lending, floating rate notes, and other similar instruments and the risk of the loss of tax exemption.

Stephen W. Johnson Ziegler David J. Kates Chapman and Cutler LLP

3:40 p.m.–3:50 p.m. Break 3:50 p.m.–4:50 p.m. Concurrent Workshops— Choose One I. Legal Ethics This session will: • Review the most commonly

encountered Rules of Professional Conduct

• Discuss interactively a number of practical hypothetical ethical situations David S. Chernoff Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation

II. Tax Reporting Obligations for Foreign Investments • Not-for-profit organizations now

operate in a world transformed by tighter regulations, economic globalization and increased demand worldwide for program services, thus creating opportunities to expand their global reach by addressing critical needs across borders, soliciting financial support outside the organization’s country of incorporation, and investing in foreign financial markets and activities. However, these opportunities bring complex multinational tax implications. This session will address some of the more complex international tax issues regarding U.S. reporting requirements related to foreign activity. Julie Dee Grant Thornton LLP

Program ScheduleProgram Faculty

John L. Barlament, Quarles & Brady LLP Amanda K. Blaising, Quarles & Brady LLP Thomas Brean, Grant Thornton LLP David S. Chernoff, Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation Michael A. Clark, Sidley Austin LLP Julie A. Dee, Grant Thornton LLP Brian D. Fergemann, Winston & Strawn LLP Allen K. Flagler, Jr., The Flagler Agency Inc. Paula Cozzi Goedert, Barnes & Thornburg LLP Richard J. Gonzalez, Clinical Professor of Law, IIT Chicago-Kent College of Law Therese Harris, Chief, Charitable Trust Bureau, Office of the Illinois Attorney General Stephen W. Johnson, Ziegler David J. Kates, Chapman and Cutler LLP Suzanne Ross McDowell, Steptoe & Johnson LLP Ryan K. Oberly, Wagenmaker & Oberly LLC Jodi Patt Pellettiere, Quarles & Brady LLP Michael W. Peregrine, McDermott, Will, & Emery LLP Floyd D. Perkins, Ungaretti & Harris LLP John Pomeranz, Harmon, Curran, Spielberg, & Eisenberg LLP Roger H. Stein, Ungaretti & Harris LLP Kevin P. Shimkus, Deloitte Tax LLP Kathryn M. Vanden Berk, Bea & VandenBerk Brian T. Whitlock, Plante Moran PLLC

Advisory Board Andreason L. Brown Chief Financial Officer Donors Forum

David S. Chernoff Associate General Counsel, retired The John D. and Catherine T. MacArthur Foundation Conference Co-Chair

Thomas E. Chomicz Retired Partner Quarles & Brady LLP Conference Co-Chair

Philip N. Hablutzel Professor of Law IIT Chicago-Kent College of Law Faculty Sponsor

Bruce E. Huey Director Friedman & Huey Associates LLP

William I. Miller Office of Chief Counsel, Tax Exempt & Government Entities Internal Revenue Service

Valerie C. Perera Director Office of Continuing Legal and Professional Education IIT Chicago-Kent College of Law

Floyd D. Perkins Partner Ungaretti & Harris LLP

Mary Rauschenberg Tax DirectorDeloitte Tax LLP

Janice E. Rodgers Partner and Chair Tax-Exempt Organizations Team Quarles & Brady LLP Conference Co-Chair

David S. Rosen Senior Vice President, Endowments Jewish United Fund

Brian T. Whitlock Tax Partner Plante Moran PLLC

Suzanne Ross McDowellPartner, Steptoe & Johnson LLP

IRS Focus 2014

OPENING PLENARY SPEAKER:

Page 7: Mail: presents the 33rd annual Conference on Not …...III. Top 10 IP Pitfalls of Not-For-Plante Moran PLLCProfits • Misconceptions and incorrect assumptions can lead many not-for-profits

Thursday, June 5, 2014 8:00 a.m.–8:55 a.m. Registration 8:55 a.m.–9:00 a.m. Welcome & Announcements 9:00 a.m.–10:00 a.m. IRS Focus 2014 • This session will review

developments at the IRS in the last year and what we can expect in the coming year, including a discussion of personnel changes, the proposed guidance on the conduct of political activities by social welfare organizations, and the IRS’ priorities for guidance and other projects. Suzanne Ross McDowell Steptoe & Johnson LLP

10:00 a.m.–11:00 a.m. Governance Decisions with Tax Implications • Non-profit boards and staff make

governance decisions in blissful ignorance of their tax implications. Board size and composition, relations with suppliers and partners, the composition of the mission statement, use of the mailing list and a dozen other decisions all have tax implications. This session will review governance decisions with tax implications and provide guidance on avoiding tax pitfalls. Paula Cozzi Goedert Barnes & Thornburg LLP

11:00 a.m.–11:15 a.m. Break 11:15 a.m.–12:00 p.m. Concurrent Workshops— Choose One I. Illinois Attorney General’s Charitable Trust Bureau Update • Compliance and reporting requirements

• Litigation matters and concerns Therese Harris Chief, Charitable Trust Bureau, Office of the Illinois Attorney General Moderator: Floyd D. Perkins Ungaretti & Harris LLP

II. Recent Developments in Employment Law • This session will discuss what

is new and noteworthy in the employment law arena and offers guidance on how not-for-profit organizations can avoid risk in these changing times. Richard J. Gonzalez Clinical Professor of Law IIT Chicago-Kent College of Law

III. Audit and Accounting Update • This session will discuss

recent accounting and audit developments of interest to not-for-profit organizations. It will also review ongoing FASB projects that could have a significant impact on not-for-profit accounting and financial reporting. Thomas Brean Grant Thornton LLP

12:00 p.m.–1:00 p.m. Buffet Luncheon 12:15 p.m.–1:00 p.m. Luncheon Topics I. Cause-Related Marketing, Commercial Co-Ventures, and the New Era of Multi- State Fundraising • Legal requirements imposed on

nonprofits and for-profit companies conducting charitable co-venture promotions

• Negotiating charitable promotion agreements with for-profit partners

• Managing multi-state compliance considerations in commercial co-ventures

• Identifying federal tax and other legal implications in commercial co-ventures and cause-related marketing Brian D. Fergemann Winston & Strawn LLP Ryan K. Oberly Wagenmaker & Oberly LLC

II. Advanced Private Foundation Issues • This session will address

expenditure responsibility, international grantmaking issues (including equivalency determinations), program-related investments, complex self-dealing issues, and more. Jodi Patt Pellettiere Quarles & Brady LLP Amanda K. Blaising Quarles & Brady LLP

III. Top 10 IP Pitfalls of Not-For- Profits • Misconceptions and incorrect

assumptions can lead many not-for-profits to ignore certain intellectual property rights (patents, trademarks, copyrights, and trade secrets) until it is too late. This session will focus on those IP pitfalls particularly applicable to not-for-profit organizations. Roger H. Stein Ungaretti & Harris LLP

1:00 p.m.–2:15 p.m. Concurrent Workshops— Choose One I. Affordable Care Act Update • This session provides an overview

of the recently finalized regulations impacting the employer mandate under the ACA and what steps employers need to take to ensure compliance. Kevin P. Shimkus Deloitte Tax LLP

John L. Barlament Quarles & Brady LLP

II. Acquisitions, Operations, ADA, and Insurance Issues This panel will discuss a range of issues raised and potential problems when a not-for-profit organization acquires space (by lease or purchase) and conducts its charitable activities, including: • Practical considerations when

choosing a location, leasing or purchasing offices or other facilities, and operating its programs

• Necessary insurance coverage, including general liability, property & casualty, workers compensation, automobiles, and D & O

• ADA premises and operational issues, including ingress, egress, path of travel, and employee and client accommodations David S. Chernoff Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation Allen K. Flagler, Jr. The Flagler Agency Inc. Richard J. Gonzalez Clinical Professor of Law IIT Chicago-Kent College of Law

III. Lobbying and Political Activities in an Election Year

• This session will address the existing and proposed rules on exempt organization lobbying and political activity, as well as strategies for compliance, in light of the recent and ongoing controversy over the scope of existing rules. Michael A. Clark Sidley Austin LLP John Pomeranz Harmon, Curran, Spielberg, & Eisenberg LLP

2:15 p.m.–2:25 p.m. Break 2:25 p.m.–3:40 p.m. Concurrent Workshops— Choose One I. IRS Form 990 Audit Issues and Developments • Two active practitioners, an

attorney and a CPA, will review recent developments involving the IRS focus on IRS Form 990 in approaching audit issues. In addition to looking at changes in the Form 990, the speakers will review recent IRS compliance audits, published guidance, and tax cases which have focused on compensation issues and UBIT impacting nonprofit organizations, religious organizations, universities, and trade associations. Kathryn M. Vanden Berk Bea & VandenBerk Brian T. Whitlock Plante Moran PLLC

II. Key Trends in Nonprofit Law and Governance • This session will offer an update

on nonprofit corporate law and governance developments Michael W. Peregrine McDermott, Will, & Emery LLP

III. Fundamentals of Tax-Exempt Financing • This session will discuss recent

legal and capital markets trends in not-for-profit finance, including the state of the capital markets five years after the crash, the final municipal advisor rule, the recent growth in taxable borrowings and its appeal to many borrowers, other ways to access the floating rate market, including direct lending, floating rate notes, and other similar instruments and the risk of the loss of tax exemption.

Stephen W. Johnson Ziegler David J. Kates Chapman and Cutler LLP

3:40 p.m.–3:50 p.m. Break 3:50 p.m.–4:50 p.m. Concurrent Workshops— Choose One I. Legal Ethics This session will: • Review the most commonly

encountered Rules of Professional Conduct

• Discuss interactively a number of practical hypothetical ethical situations David S. Chernoff Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation

II. Tax Reporting Obligations for Foreign Investments • Not-for-profit organizations now

operate in a world transformed by tighter regulations, economic globalization and increased demand worldwide for program services, thus creating opportunities to expand their global reach by addressing critical needs across borders, soliciting financial support outside the organization’s country of incorporation, and investing in foreign financial markets and activities. However, these opportunities bring complex multinational tax implications. This session will address some of the more complex international tax issues regarding U.S. reporting requirements related to foreign activity. Julie Dee Grant Thornton LLP

Program ScheduleProgram Faculty

John L. Barlament, Quarles & Brady LLP Amanda K. Blaising, Quarles & Brady LLP Thomas Brean, Grant Thornton LLP David S. Chernoff, Associate General Counsel (retired), The John D. and Catherine T. MacArthur Foundation Michael A. Clark, Sidley Austin LLP Julie A. Dee, Grant Thornton LLP Brian D. Fergemann, Winston & Strawn LLP Allen K. Flagler, Jr., The Flagler Agency Inc. Paula Cozzi Goedert, Barnes & Thornburg LLP Richard J. Gonzalez, Clinical Professor of Law, IIT Chicago-Kent College of Law Therese Harris, Chief, Charitable Trust Bureau, Office of the Illinois Attorney General Stephen W. Johnson, Ziegler David J. Kates, Chapman and Cutler LLP Suzanne Ross McDowell, Steptoe & Johnson LLP Ryan K. Oberly, Wagenmaker & Oberly LLC Jodi Patt Pellettiere, Quarles & Brady LLP Michael W. Peregrine, McDermott, Will, & Emery LLP Floyd D. Perkins, Ungaretti & Harris LLP John Pomeranz, Harmon, Curran, Spielberg, & Eisenberg LLP Roger H. Stein, Ungaretti & Harris LLP Kevin P. Shimkus, Deloitte Tax LLP Kathryn M. Vanden Berk, Bea & VandenBerk Brian T. Whitlock, Plante Moran PLLC

Advisory Board Andreason L. Brown Chief Financial Officer Donors Forum

David S. Chernoff Associate General Counsel, retired The John D. and Catherine T. MacArthur Foundation Conference Co-Chair

Thomas E. Chomicz Retired Partner Quarles & Brady LLP Conference Co-Chair

Philip N. Hablutzel Professor of Law IIT Chicago-Kent College of Law Faculty Sponsor

Bruce E. Huey Director Friedman & Huey Associates LLP

William I. Miller Office of Chief Counsel, Tax Exempt & Government Entities Internal Revenue Service

Valerie C. Perera Director Office of Continuing Legal and Professional Education IIT Chicago-Kent College of Law

Floyd D. Perkins Partner Ungaretti & Harris LLP

Mary Rauschenberg Tax DirectorDeloitte Tax LLP

Janice E. Rodgers Partner and Chair Tax-Exempt Organizations Team Quarles & Brady LLP Conference Co-Chair

David S. Rosen Senior Vice President, Endowments Jewish United Fund

Brian T. Whitlock Tax Partner Plante Moran PLLC

Suzanne Ross McDowellPartner, Steptoe & Johnson LLP

IRS Focus 2014

OPENING PLENARY SPEAKER:

Page 8: Mail: presents the 33rd annual Conference on Not …...III. Top 10 IP Pitfalls of Not-For-Plante Moran PLLCProfits • Misconceptions and incorrect assumptions can lead many not-for-profits

Registration Form: Not-For-Profit Organizations Thursday, June 5, 2014 3 Easy Ways to RegisterOnline: cle.kentlaw.edu Mail: Office of Continuing Legal & Professional Education

IIT Chicago-Kent College of Law 565 West Adams St.

Chicago, IL 60661-3691 Phone: (312) 906-5090

Name (please print) Professional Title

Firm

Address

City State Zip

Telephone Fax

Email

Attorney Registration # If Chicago-Kent College of Law Alumni, list month and year of graduation: Month_____Year_____

q���Please check here if you have any special needs and a CLE staff member will contact you.

Payment Informationq� Payment by check. Amount enclosed $ ____________________(Make check payable to: IIT Chicago-Kent College of Law)

q� Payment by credit card. Amount enclosed $ _________________

q� VISA q��MasterCard q� American Express q��Discover

Card # Exp. Date

Security Code

Signature

Program LocationThe conference will be held at IIT Chicago-Kent College of Law, 565 West Adams Street in Chicago. Confirmation of Registration A letter of confirmation will be emailed to the address given on your registration form. If you do not receive an email confirmation after registering and before the conference please contact the Office of Continuing Legal & Professional Education at [email protected]. Confirmation of Attendance A certificate of attendance will be provided at registration. Cancellations and Refunds Written notification of cancellation is required. A full tuition refund is available if notification is received prior to May 8, 2014; 25% will be charged if notification is received between May 8 and May 29, 2014. No refunds will be granted after May 29, 2014.

MCLE Credit IIT Chicago-Kent College of Law is an accredited provider for IL & PA MCLE. This conference is eligible for 7.0 hours of IL MCLE and includes 1.0 hour of ethics credit (pending final approval). The actual number of approved hours may vary from state to state. For additional information: please call the Office of Continuing Legal and Professional Education, IIT Chicago-Kent College of Law, (312) 906-5090, or send an email to [email protected]. CPE Credit 8.0 hours on a “50-minute” credit hour. IIT Chicago-Kent College of Law is a registered public accountant professional education sponsor in Illinois.

Hotel Accommodations Hotel accommodations for the convenience of out-of-town guests have been made at the Crowne Plaza Chicago Metro. The room rate at the Crowne Plaza Chicago Metro is $189 for single or double occupancy, plus 16.4% tax. The Crowne is located four blocks west of the law school within easy walking distance. Please make reservations directly with the hotel. Requests for accommodations cannot be assured if made after May 6, 2014.

To Make Reservations: Crowne Plaza Chicago Metro 733 W. Madison Street Chicago, IL 60601 (312) 829-5000 Voice (312) 602-2180 Fax www.crowneplaza.com/chicagometro When booking online enter group code: NP6

Please mention to the hotel reservation receptionist that you are with the IIT Chicago-Kent College of Law Conference on Not-For-Profit Organizations.

Registration Fee (per person)

Early Registration Fee: $220 After May 16, 2014: $250 (A $10 per person discount is available to groups that register 3 or more individuals at the same time.) Chicago-Kent College of Law Alumni Rate: $195 (no group discount available and non-transferable)

Fee includes continental breakfast, lunch and course materials.

General Information

Who Should Attend • Experienced Attorneys • Experienced Accountants • Experienced Not-For-Profit Organizations Staff • Experienced Advisors of Not-For-Profit Organizations

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IIT Chicago-Kent College of Law presents the 33rd annual Conference on Not-For-Profit Organizations Thursday, June 5, 2014 In Cooperation with: Donors Forum Illinois CPA Society

Highlights

• IRS Focus 2014, featuring Suzanne Ross McDowell, Steptoe & Johnson LLP• Governance Decisions with Tax Implications• Illinois Attorney General’s Charitable Trust Bureau Update• Recent Developments in Employment Law• Audit and Accounting Update

• Cause-Related Marketing, Commercial Co-Ventures, and the New Era of Multi-State Fundraising• Advanced Private Foundation Issues• Top 10 IP Pitfalls of Not-For-Profits• Affordable Care Act Update• Acquisitions, Operations, ADA, and Insurance Issues• Lobbying and Political Activities in an Election Year• IRS Form 990 Audit Issues and Developments• Key Trends in Nonprofit Law and Governance• Fundamentals of Tax-Exempt Financing• Legal Ethics• Tax Reporting Obligations for Foreign Investments

Continuing Legal Education

Page 9: Mail: presents the 33rd annual Conference on Not …...III. Top 10 IP Pitfalls of Not-For-Plante Moran PLLCProfits • Misconceptions and incorrect assumptions can lead many not-for-profits

Registration Form: Not-For-Profit Organizations Thursday, June 5, 2014 3 Easy Ways to RegisterOnline: cle.kentlaw.edu Mail: Office of Continuing Legal & Professional Education

IIT Chicago-Kent College of Law 565 West Adams St.

Chicago, IL 60661-3691 Phone: (312) 906-5090

Name (please print) Professional Title

Firm

Address

City State Zip

Telephone Fax

Email

Attorney Registration # If Chicago-Kent College of Law Alumni, list month and year of graduation: Month_____Year_____

q���Please check here if you have any special needs and a CLE staff member will contact you.

Payment Informationq� Payment by check. Amount enclosed $ ____________________(Make check payable to: IIT Chicago-Kent College of Law)

q� Payment by credit card. Amount enclosed $ _________________

q� VISA q��MasterCard q� American Express q��Discover

Card # Exp. Date

Security Code

Signature

Program LocationThe conference will be held at IIT Chicago-Kent College of Law, 565 West Adams Street in Chicago. Confirmation of Registration A letter of confirmation will be emailed to the address given on your registration form. If you do not receive an email confirmation after registering and before the conference please contact the Office of Continuing Legal & Professional Education at [email protected]. Confirmation of Attendance A certificate of attendance will be provided at registration. Cancellations and Refunds Written notification of cancellation is required. A full tuition refund is available if notification is received prior to May 8, 2014; 25% will be charged if notification is received between May 8 and May 29, 2014. No refunds will be granted after May 29, 2014.

MCLE Credit IIT Chicago-Kent College of Law is an accredited provider for IL & PA MCLE. This conference is eligible for 7.0 hours of IL MCLE and includes 1.0 hour of ethics credit (pending final approval). The actual number of approved hours may vary from state to state. For additional information: please call the Office of Continuing Legal and Professional Education, IIT Chicago-Kent College of Law, (312) 906-5090, or send an email to [email protected]. CPE Credit 8.0 hours on a “50-minute” credit hour. IIT Chicago-Kent College of Law is a registered public accountant professional education sponsor in Illinois.

Hotel Accommodations Hotel accommodations for the convenience of out-of-town guests have been made at the Crowne Plaza Chicago Metro. The room rate at the Crowne Plaza Chicago Metro is $189 for single or double occupancy, plus 16.4% tax. The Crowne is located four blocks west of the law school within easy walking distance. Please make reservations directly with the hotel. Requests for accommodations cannot be assured if made after May 6, 2014.

To Make Reservations: Crowne Plaza Chicago Metro 733 W. Madison Street Chicago, IL 60601 (312) 829-5000 Voice (312) 602-2180 Fax www.crowneplaza.com/chicagometro When booking online enter group code: NP6

Please mention to the hotel reservation receptionist that you are with the IIT Chicago-Kent College of Law Conference on Not-For-Profit Organizations.

Registration Fee (per person)

Early Registration Fee: $220 After May 16, 2014: $250 (A $10 per person discount is available to groups that register 3 or more individuals at the same time.) Chicago-Kent College of Law Alumni Rate: $195 (no group discount available and non-transferable)

Fee includes continental breakfast, lunch and course materials.

General Information

Who Should Attend • Experienced Attorneys • Experienced Accountants • Experienced Not-For-Profit Organizations Staff • Experienced Advisors of Not-For-Profit Organizations

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IIT Chicago-Kent College of Law presents the 33rd annual Conference on Not-For-Profit Organizations Thursday, June 5, 2014 In Cooperation with: Donors Forum Illinois CPA Society

Highlights

• IRS Focus 2014, featuring Suzanne Ross McDowell, Steptoe & Johnson LLP• Governance Decisions with Tax Implications• Illinois Attorney General’s Charitable Trust Bureau Update• Recent Developments in Employment Law• Audit and Accounting Update

• Cause-Related Marketing, Commercial Co-Ventures, and the New Era of Multi-State Fundraising• Advanced Private Foundation Issues• Top 10 IP Pitfalls of Not-For-Profits• Affordable Care Act Update• Acquisitions, Operations, ADA, and Insurance Issues• Lobbying and Political Activities in an Election Year• IRS Form 990 Audit Issues and Developments• Key Trends in Nonprofit Law and Governance• Fundamentals of Tax-Exempt Financing• Legal Ethics• Tax Reporting Obligations for Foreign Investments

Continuing Legal Education