Governance

This article addresses the common sources of internal church disputes and discusses how churches, ministers, denominations, and other players can identify potential areas of controversy, prevent litigation, and help ensure favorable outcomes if litigation does arise. First, we discuss the concept of church polity as a framework for understanding issues associated with litigation. Next we cover how the governing documents of a church are often critical to both creating and resolving legal disputes. Third, we discuss church litigation resulting from church property disputes and how to prevent and prepare for such controversies. Fourth, we focus on avoiding legal trouble related to defamation and other claims resulting from church discipline. Fifth, we discuss constitutional principles that restrict courts from deciding certain church disputes. Finally, we explore practical steps that church leaders can take to prevent conflicts and keep them out of court.

This article discusses which organizations and activities can qualify for tax exemption and what to consider before starting a nonprofit. Next, it covers selecting your organization’s initial directors and officers and drawing up your organization’s governance documents. Third, it examines the different categories of nonprofit organizations that the IRS recognizes as tax-exempt under Section 501(c)(3). Fourth, it looks at restrictions on private inurement and political activities and how to avoid getting into trouble with the IRS on those issues. Finally, it examines the process of applying for 501(c)(3) status and how to maintain that status going forward.

What employers should know about the latest trends in non-compete clauses in employment contracts (they’re not favored).

Congress passed the Respect for Marriage Act in 2022. This post discusses the legal context of this legislation, what it does and does not do, and its implications for faith–based organizations.

Under what circumstances can Directors of a corporation be personally liable for decisions taken by the Board? This post explains where personal exposure might exist for Board members.

Does your current sick leave policy expose your organization to legal liability? Discover best practice tips when drafting a sick leave policy and protect your organization.

Employees have a right to communications that advance their mutual workplace interests. To what extent are internet communications included in those rights?

The right to keep and bear arms is a fundamental American value that many employees wish to exercise at their workplace.

Research and statistics show that using 15-passenger vans remains a risky option for organizations. This post discusses the risks and what can be done to keep people safer.

In September of 2018, the Virginia Supreme Court held that the lower court had authority to rule on a merger agreement and contract between two churches, and that did not overstep church authority.