Clinic Director Alicia Plerhoples discusses the Delaware public benefit corporation:
Corporate Social Responsibility podcast series by David Yosifon, including conversations with law professors Alicia Plerhoples, Steven Bainbridge, Eugene Volokh, Kent Greenfield, and Robert Rhee.
Clinic students incorporate first benefit corporation in DC:
Clinic Director Alicia Plerhoples shared advice for social entrepreneurs in The Huffington Post:
Spring 2014 Summary of Client Representations
Lorin Dale-Pierce (’14) and Stephanie King (’14) provided extensive advice to a nonprofit dedicated to workplace justice. Lorin and Stephanie helped structure and negotiate a relationship between their client and a nonprofit accelerator program. They revised and negotiated a series of contracts with the nonprofit accelerator program, including a Fiscal Sponsorship Agreement. In addition, they drafted and completed their client’s application for 501(c)3 tax-exempt status. Lorin and Stephanie assisted a second social enterprise client on Board development. They drafted governance documents and policies for the client in accordance with IRS regulations, D.C. law, and suggested best practices. Lorin and Stephanie also advised a criminal justice nonprofit in the formative stages of its development. Lorin and Stephanie advised the nonprofit’s board of directors on entity structure options and the tax exemption application process. They also drafted governance documents and policies for the client in accordance with IRS regulations, D.C. law, and suggested best practices. Finally, they created a Board Manual and gave a formal presentation on nonprofit governance requirements to the nonprofit’s Board.
Sarah Imhoff (’14) and Rachel Rosenfeld (’14) represented a nonprofit project dedicated to treating at-risk youth through sports-based clinical therapy. Sarah and Rachel provided comprehensive corporate governance advice and drafted governance documents and best practice policies for the organization. They also drafted and completed the organization’s application for 501(c)3 tax-exemption. Sarah and Rachel also represented a retail social enterprise. Sarah and Rachel revised and negotiated a Trademark Licensing Agreement on their client’s behalf. Sarah and Rachel also advised a nonprofit dedicated to women’s public health issues on structuring a relationship with an international NGO working with women and girls in Africa. They drafted an affiliation agreement and advised the client on co-branding and intellectual property issues arising from the agreement.
Brandon Walker(’14) and Casey O’Brien (’14) provided extensive advise to a church regarding the creation of a subsidiary entity to operate the church’s enterprise activities, which include maintaining a community space for spiritual communion, social justice, and the arts. Brandon and Casey drafted the incorporation documents for the subsidiary. Brandon and Casey also provided comprehensive corporate governance advice and materials to a nonprofit that provides technical assistance for social enterprises in D.C. In addition, they drafted and completed the client’s application for 501(c)3 tax-exempt status. During the semester, Brandon and Casey gave several formal presentations to their clients on applicable legal matters.
Zoee Turrill ('14) and Wen-Chuan Dai (’14) counseled the founder of an affordable legal services organization on entity options and professional responsibility considerations. Zoee and Wen-Chuan advised a second retail social enterprise on corporate structure options and partnerships with a local workforce development nonprofit. They also advised the client on copyright matters.
Fall 2013 Summary of Client Representations
Kelly Wade (’14) and Tiana Hertel (’14) provided extensive advice to a South American social enterprise interested in expanding operations to the United States. Kelly and Tiana’s social enterprise client facilitates meaningful, impactful, and long-term volunteer projects between individuals and communities in need. Kelly and Tiana counseled the social enterprise’s executive director on options for launching this new endeavor, including entity options for the new organization and how to structure the relationship between the South American and U.S. entities. Kelly and Tiana also represented a nonprofit dedicated to workplace justice. On behalf of their client, Kelly and Tiana developed internal governance policies and applied for tax-exempt recognition from the I.R.S.
Matt Smallcomb (’14) and Jessica Montello (’14) assisted an international social enterprise that connects African women artisans with global retail markets with planning an expansion of its international operations. Matt and Jessica also provided comprehensive corporate governance advice and materials to a social enterprise that connects volunteer mentors with under-employed Millenials. Matt and Jessica teamed up with fellow students Chasmin and Ethan to represent a third client—a nonprofit that teaches teenagers from underserved communities workplace skills—on a commercial space lease.
Rayna Wright (’14) and Donald DePass (’14) represented Aloetree, Inc. as it became the first benefit corporation formed in the District of Columbia. Benefit corporations are a new type of corporation permitted in D.C. and 19 states that (i) creates a material positive impact on society and the environment; (ii) requires directors to consider the non-financial interests of company stakeholders when making a corporate decision; and (iii) reports its social and environmental performance using third party standards. Donald and Rayna’s client, Aloetree, Inc. produces and sells children clothing to raise awareness and funds to support anti-trafficking programs in Cambodia. Rayna and Donald also advised Aloetree’s founder on intellectual property protection and methods to be transparent and accountable with respect to the social enterprise’s values-based mission. Additionally, Donald and Rayna conducted a legal audit of the governance documents of nonprofit organization that sponsors international journalism on under-reported crises. The clinic students also assisted this client by drafting fiscal sponsorship and other relationship contracts for the journalists it sponsors.
Chasmin Brooks (’14) and Ethan Collins (’14) represented a nonprofit project dedicated to treating at-risk youth through sports-based clinical therapy. Chasmin and Ethan incorporated the project as a nonprofit organization in D.C. and advised the project on how to structure its organization to accommodate rapid national expansion. Chaz and Ethan advised a second social enterprise client on structuring a contractual relationship between for-profit and nonprofit affiliates. Chasmin and Ethan drafted a series of corporate guidelines to ensure that the two entities remain separate to avoid legal risks and brand confusion.