(Webcast) Hot Topics in Not-for-Profit Law: Across the For-Profit/Non-Profit Divide – The Search for Social Impact and Financial Sustainability

Friday, November 5, 2021 | 2:00 pm – 5:00 pm

Program Co-Chairs:

Hal Glasser
Founder, Health Impact Partnership, Inc. and Counsel, Vital Strategies, Inc.
Samantha Heffner
Advisory Board Chair, IAVA
Angela Loc
Associate, DLA Piper LLP (US)
James Murray
Partner, ExSight Ventures

  • Traditional shareholder-focused business enterprises and large philanthropic foundations have often been criticized for failing to solve, if not actually creating, many of the global “existential” threats faced today. Small and medium-sized social enterprises (SMSEs) that focus on the specific needs of their communities and customers are sometimes held out as providing alternative solutions. However, whether they are for-profit or non-profit, SMSEs often find it difficult to maintain financial sustainability and achieve their potential for social impact at scale.

    This CLE program will explore several ways in which non-profit and for-profit SMSEs are increasingly looking to each other’s sectors for strategies that increase their chances of successfully addressing these challenges. The opening session will examine one such strategy: the use of non-profit and for-profit subsidiaries. Specific examples will be discussed that illustrate their potential uses and how the governance and legal/regulatory challenges that sometimes arise can be addressed. The second panel will focus on the ways in which social enterprises are pursuing improved financial sustainability. Various innovative approaches to social finance that straddle the two sectors will be examined. These include “blended finance”
    where philanthropic and government funding are leveraged to increase access to private capital, venture philanthropy that uses venture capital strategies to fund enterprises pursuing social impact and “recoverable grants” or “soft loans” that share characteristics of both charitable grants and debt.

    The program will conclude with a “fireside chat” that brings together thought leaders from the legal community for a facilitated discussion on some of the big picture questions being asked about the future role of both traditional philanthropy and shareholder-focused capitalism and what role the law can and should play in producing workable solutions.

    Three key skills you will learn:

    1. How and when to structure non-profit and for-profit subsidiaries/affiliates
    2. How to understand the benefits of “impact investing” and types of related investment vehicles
    3. Learn about future trends affecting philanthropy today from funder’s priorities, impacted stakeholders and legal scholars

    Program Fee:
    $199 for Members | $299 for Nonmembers
    Small Law Firm: $99 for Members

    Members who are Law Students, Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Tom Brunner
    Former General Counsel
    LeapFrog Investments

    Professor Steven Dean
    Brooklyn Law School (Moderator)

    Rusty Kelley, PhD, MBA
    Senior Vice President, Investments & Alliances
    Foundation Fighting Blindness, Retinal Degeneration Fund

    Brian Kettenring
    Director, Economy and Society Initiative
    The William & Flora Hewlett Foundation

    Paul Mourning
    Crowell & Moring

    Jonathan Ng
    Innovation Division Director (Acting)
    Currently on detail from the Office of the General Counsel
    U.S. Agency for International Development (USAID)

    Judy Samuelson
    Founder and Executive Director
    Aspen Institute Business and Society Program

    Katherine Stroker
    General Counsel

  • 2:00pm – 2:05pm

    2:05pm – 3:00pm
    Creating For-Profit and Non-Profit Subsidiaries: Legal and Business Issues Surrounding Projects to Promote Social Good
    Paul Mourning, Katherine Stroker

    3:00pm – 3:05pm

    3:05pm – 4:00pm
    Innovative Social Finance for Small and Medium-Sized For-Profit and Non-Profit Social Enterprises
    Rusty Kelley, Jonathan Ng

    4:00pm – 4:05pm

    4:00pm – 5:00pm
    Fireside Chat: Toward A “New Capitalism”: Exploring New Paradigms for Capitalism and Philanthropy
    Professor Steven Dean (Moderator), Tom Brunner, Brian Kettenring, Judy Samuelson

  • New York: 3.0 Professional Practice
    New Jersey: 3.3 General
    California: 3.0 General
    Pennsylvania: 2.5 General
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committees:
    Non-Profit Organizations, Jackie Ewenstein and Amarah Sedreddine, Co-Chairs
    Emerging Companies & Venture Capital, Angela D. Loc, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org