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Foundations & Nonprofits

 
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Scientific breakthroughs. Breathtaking art. Fighting inequality. Saving habitats. Caring for the sick and the elderly. Our clients are society's innovators, working to solve the world's most intractable problems and expand our horizons. We make sure the law is their ally and not an obstacle.

Overview

Davis Wright Tremaine's foundations and nonprofits group understands the unique needs of philanthropists, nonprofits and tax-exempt organizations. Our clients must pursue their missions efficiently while navigating a maze of complex and ever-changing laws. They face scrutiny from donors, beneficiaries, the public, the press, and regulators. We help them ensure they are meeting their obligations of good governance and legal compliance, structuring solutions and providing them timely guidance and support so they can remain focused on achieving their goals and impact.

We deliver exceptional legal services to leading foundations, public charities, and philanthropists across the country, who look to us as they explore new opportunities and encounter legal and operational challenges. Our depth and years of experience in the field are recognized nationally and allow us to answer questions practically and quickly. We pride ourselves on translating complex tax and legal concepts into useful advice that enable our clients to engage in effective, strategic decision-making.

Team Contacts

Meltebeke, Marisa
Marisa Meltebeke
Partner
Portland
503.778.5215
Schroeder, Thomas
Thomas C. Schroeder
Partner
Seattle Los Angeles
206.757.8067
213.655.9637
Tom, Jean L.
Jean L. Tom
Partner
Chair, Tax-Exempt Organizations Practice
Co-chair, Attorneys of Color Affinity Group
San Francisco
415.276.6538

Our Clients

Our clients encompass the full spectrum of the philanthropic and nonprofit world. With comprehensive knowledge and experience, we provide sophisticated, multidisciplinary advice on all matters of critical importance to nonprofits.
iceberg
Foundations and Philanthropic Entities

Individual philanthropists, family and independent private foundations, corporate philanthropies, disaster-relief funds, community foundations and other donor-advised fund (DAF) sponsors, Alaska Native and Native American philanthropies, and private operating foundations.

children's museum
Operating Public Charities
Global health organizations, private schools, colleges and universities, museums and other arts and cultural institutions, social justice organizations, environmental conservation groups, religious organizations, social service providers, retirement facilities and CCRCs.
microscope and beakers
Healthcare and Scientific Research Organizations
Nonprofit healthcare systems, hospitals, clinics and health plans, medical and scientific research institutes, and accountable care organizations.
demonstrator with sign that says "we need a change"
Other Nonprofits and New Models
Section 501(c)(4) organizations and other organizations involved in advocacy, lobbying and political activities, trade associations and business leagues under Section 501(c)(6), social clubs under Section 501(c)(7), and new hybrid organizational types such as benefit corporations and social purpose organizations.

Areas of Experience

Federal Tax Exemption, Planning, Compliance, & Tax Controversies

Our TEO group counsels clients on the full scope of the federal tax laws that govern tax-exempt organizations.

Corporate Governance and Compliance

As leading authorities on nonprofit governance, our lawyers are regularly consulted on questions of fiduciary conduct and liability.

Compliance for Tax-Exempt Healthcare Organizations

Our TEO group works closely with our healthcare attorneys to provide coordinated, integrated advice on the complex range of regulatory issues that face today’s healthcare organizations.

Outside General Counsel

As outside general counsel to many of our clients, we regularly advise on all issues of importance to organizations large and small, including employment, employee benefits, immigration, real estate, intellectual property, information technology, privacy, finance, government relations and other areas.

Mergers and Acquisitions and Other Transactions

We represent our nonprofit clients in spin-offs, mergers, sales of assets (including the purchase and sale of real estate), joint ventures and complex reorganizations and restructurings.

Corporate Philanthropy and Cause Marketing / Commercial Co-Ventures

Our TEO attorneys advise companies ranging from publicly-traded corporations to start-ups in designing and implementing innovative platforms for corporate philanthropy.

Charitable Fundraising

We assist charities in complying with state solicitation and fundraising laws, including resolving disputes with state agencies.

Managing Charitable Assets

We counsel clients on their fiduciary obligations regarding the investment of charitable assets and endowment management, and assist charities in developing investment policy statements and endowment spending policies.

Team Contacts

Meltebeke, Marisa
Marisa Meltebeke
Partner
Portland
503.778.5215
Schroeder, Thomas
Thomas C. Schroeder
Partner
Seattle Los Angeles
206.757.8067
213.655.9637
Tom, Jean L.
Jean L. Tom
Partner
Chair, Tax-Exempt Organizations Practice
Co-chair, Attorneys of Color Affinity Group
San Francisco
415.276.6538

RE Sources for Sustainable Communities, et al. v. Building Industry Association of Wash.

Successfully defended a trade association against claims in excess of $40 million for alleged breaches of fiduciary duty associated with the administration of a workers' compensation return on industrial insurance program and associated trust. Culminating in a trial after more than three years of litigation in multiple forums, all of petitioners' claims for monetary relief were rejected. No. C07-1519RSM (W.D. Wash. 2008); (Thurston Cnty. (Wash.) Super. Ct. 2011)

Tax-exempt equipment financing for Citrus Valley Health Partners

Represented health system in tax-exempt equipment financing issued by the California Health Facilities Financing Authority. (2010).

Interstate commerce - dissociation claims for private clients

Obtained several favorable settlements in 2005-2008 in disputes with the Washington Department of Revenue claiming constitutional exemption of sales from business and occupation tax based on dissociation from in-state activities. (2008)

IRS compensation examination for private client

Successfully handled IRS audit of senior executive of large nonprofit, resulting in IRS agreeing to drop all assertions of intermediate sanctions penalties. (2008)

New market tax credit financing for Seattle Children's Hospital

$25 million new markets tax credit financing for construction. (2008)

Nonprofit merger for nonprofit entities

Merger of three nonprofit corporations owning real property subject to HUD regulatory requirements. (2008)

Real estate development for Low Income Housing Tax Credit projects (multiple entities)

Represented nonprofit general partner in development and syndication for Low Income Housing Tax Credit project. (2008)

Restructuring of charitable trusts for private clients

Planned and implemented dissolution of endowment trust into operating related charity, including securing attorney general approval. (2008)

Revision of charitable use restrictions for private client

Negotiated changes in charitable use restrictions imposed by historic gift document on arts organization with state attorney general. (2008)

Spin-off of supporting organization for private client

Accomplished restructuring of California community foundation supporting organization into major corporate private foundation. (2008)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Our Team

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Jeffery, Katie
Katherine L. Jeffrey
Counsel
Seattle
206.757.8122
Meltebeke, Marisa
Marisa Meltebeke
Partner
Portland
503.778.5215
Morales, Mallory
Mallory Morales
Associate
San Francisco
415.276.4840
Reid
Dana M. Reid
Partner
SeattleSan Francisco
206.757.8116
415.489.4570
Schroeder, Thomas
Thomas C. Schroeder
Partner
SeattleLos Angeles
206.757.8067
213.655.9637
Tom, Jean L.
Jean L. Tom
Partner
Chair, Tax-Exempt Organizations Practice
Co-chair, Attorneys of Color Affinity Group
San Francisco
415.276.6538
LaVerne
LaVerne Woods
Senior Counsel
Seattle
206.757.8173
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