Legal Services
We provide our services—without charge—exclusively to animal protection and plant-based diet change nonprofits.
This includes organizations devoted to:
(1) reducing farmed animal suffering;
(2) maintaining sanctuaries and rescues for wild animals, companion animals and farmed animals; and
(3) bringing about plant-based diet-change for the benefit of farmed animals and the environment.
Animal Defense Partnership supports organizations in all stages of development from formation through thriving established organizations.
Overview of Our Legal Services
We consult with our clients and guide them on the many day-to-day issues that arise in the course of a nonprofit’s work. We also work with clients on an on-going basis on long-term strategies, organizational health and how most effectively to accomplish their goals.
If you plan to start and operate a non-profit, simply incorporating as a non-profit corporation is not enough. Except in limited circumstances, you must apply for and obtain recognition of your tax-exempt status from the IRS; and charitable non-profits (501(c)(3) organizations) must comply with state registration requirements to solicit and receive charitable donations. ADP can assist with all the necessary steps in forming a non-profit. Once established, ADP can assist with drafting bylaws that protect the organization, minimize risk, and set guidelines for smooth operations.
We advise on the full range of employment and HR concerns from hiring through termination, including: employee handbooks; wage and hour laws; employment contracts; executive compensation; employee termination and severance; independent contractor / employee compliance; utilizing volunteers and interns; ADA and reasonable accommodation laws; employment discrimination; and harassment claims.
We support and guide boards on a broad range of issues, including: understanding and complying with board member duties and liability; addressing potential conflicts of interest; updating and revising bylaws; instructing on proper board procedures such as elections, notices of meetings, and the preparation of meeting minutes; establishing and complying with best practices; drafting board and corporate procedures; meeting public disclosure requirements; resolving board disputes; and holding board and staff to the highest degree of accountability.
Just because an image shows up in a Google search does not mean it is subject to fair use. We counsel organizations in properly obtaining rights to use photography, graphics, video, music, text, and other creative expressions across their various platforms including social media, website, and digital/print publications.
We draft, review, negotiate, and resolve disputes around the full spectrum of non-profit contracts, including: management and operating agreements; gift, funding, and grant award agreements; non-compete and non-solicitation agreements; confidentiality agreements; leases; rental agreements; endorsement and sponsorship agreements; software licensing and web-hosting agreements.
We counsel our clients on intellectual property issues. We review our clients' campaigns and other postings to clear the IP being used and discuss any potential defamation or other liability issues. We draft and negotiate licensing, royalty, and other IP-related agreements. And we help our clients set clear guidelines regarding ownership and use, both internally and externally, of their IP.
Whether it be a high-profile cause-related marketing campaign, social media sweepstakes, or a local bake sale, fundraising efforts must comply with applicable state charitable solicitation laws, federal tax laws, federal and state false-advertising laws, and state and local regulations. We will help you plan successful campaigns that meet all non-profit requirements so you do not owe unanticipated taxes or fines, lose your tax-exempt status, or suffer any other consequences of non-compliant fundraising.
We assist clients with obtaining and maintaining tax-exempt status; permissible lobbying and political activity; grantmaking practices; disqualified person and self-dealing rules; commercial and entrepreneurial activities; taxation of unrelated business income; corporate sponsorships; and annual reporting (including Forms 990 and 990-EZ).