(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

• Description
• Faculty
• Agenda
• CLE Credit
• Sponsors

• 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
  FHI360

• 2:00pm – 2:05pm
  Introduction

  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
  Break

  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
  Break

  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