APBCo Board

About APBCo Board

This author has not yet filled in any details.
So far APBCo Board has created 638 blog entries.

In the category of “how bad can it get," here are the proposed rules regarding work authorization for asylum seekers.  They propose things like (1) 365 day waiting period (not the current 180 days), (2) no work authorizations for people who entered anywhere other than a legal port of entry, (3)  no work authorizations for people who missed the one-year filing deadline, and (4) that work authorization terminate if an asylum officer does not grant asylum. 

2019-11-20T08:17:45-06:00November 20th, 2019|

Refugee Assistance in Sacramento: We have an IRAP client (an Iraqi citizen who worked for the US military as a translator) who recently moved to Sacramento. We’re looking for local contacts who can help him with access to affordable housing and in general help him get settled and find a community — do you know of any orgs that could assist? We’re having limited success with World Relief Sacramento, so if you have any contacts there, please let me know that too. Thank you!

2019-11-19T15:03:37-06:00November 19th, 2019|

APA Suit Challenging Denial of U-Based Adjustment   Safe Horizon is looking for pro bono counsel to file a federal lawsuit challenging USCIS’s denial of a U-visa holder’s green card application on the basis that the U-visa holder failed to submit arrest records related to a dismissed charge that was disclosed at the U-visa application stage.  If you are interested, please contact Evangeline Chan (Evangeline.C[email protected]).    

2019-11-19T07:45:57-06:00November 19th, 2019|

Private Screening Opportunity/Just Mercy   I recently had the good fortune to attend a screening of great film being released on Christmas Day, “Just Mercy".  Featuring an all-star cast (Michael B. Jordan, Jamie Foxx, Brie Larson), the film is based on the book by Bryan Stevenson, the founder and executive director of the Equal Justice Initiative.  Mr. Stevenson is one of the most important and impressive people in our legal community, working heroically to combat the impact of racial injustice and poverty on both those charged with capital crimes and those on death row.  The film is the story of one his first cases where, in Alabama, he fought to free a death row inmate who had been wrongly convicted of murder.  The film is as powerful, moving and well-done as can be.   Over the years I have done a great deal of work with one of the film’s producing companies, Participant Media.  They make movies with a social message and frequently launch social action campaigns around the theme of their films.  In this instance, Participant is making the film available for both pre and post release screenings.  For a minimal cost, Participant will help you set up a private screening in your city to which you can invite your firm’s lawyers, clients, recruits, staff, alums, and other guests.  It is an incredible opportunity to couple the screening with a panel or presentation focused on pro bono, equal justice, criminal reform and other issues.    Our firm has done this with Participant in the past.  It has been a huge hit.  Attached is a flyer that explains the proposal in more detail.  If you have any questions, please let me know.   David David A. Lash [email protected] 213-430-8366

2019-11-18T19:59:46-06:00November 18th, 2019|

Book report – new edition of Fiscal Sponsorship: 6 Ways to Do It Right   “The” book on fiscal sponsorship just came out with a new edition, worth buying in my humble opinion for anyone whose firm advises newly forming nonprofits or existing nonprofits that are considering fiscal sponsorship agreements. It’s Fiscal Sponsorship: 6 Ways to Do It Right by Greg Colvin and Stephanie Petit, and the third edition—released November 2019—updates the previous 2005 version with a new model of sponsorship, updated law, and substantially expanded details and examples.  Both courts and IRS rulings cite this book (in its previous edition) as the seminal book on the subject.  If you don’t have time or interest in reading a whole textbook, here’s my own take, in just 600 words.    Is this book worth buying? Definitely, if your firm counsels nonprofits, especially newly-forming nonprofits.  I would suggest at least one library copy for your firm, or several copies if you do a lot of nonprofit work.    Hang on, what’s fiscal sponsorship? (Skip the next three Qs if you already know) It’s an arrangement through which an existing 501c3 takes a new nonprofit-ish project under its wing through a contract called a fiscal sponsorship agreement, and thus enables the project to immediately raise tax-deductible money to support a particular exempt purpose (animal rescue, for example).  The purpose of the project has to further the mission of the sponsor.  Sometimes fiscal sponsorship is temporary—either because the project is waiting for its own 501c3 application to be processed or because the project itself is temporary (disaster relief, construction of a new playground, etc.)—and sometimes fiscal sponsorship is long-term.   Who can be a fiscal sponsor?  Any 501c3 can be a fiscal sponsor.  Some 501c3 orgs do a lot of this and have professionalized their processes quite a bit.  Others might sponsor one particular project because of its connection to that project’s mission.    Why would any existing nonprofit bother with fiscal sponsorship?  What’s the benefit to them? Existing nonprofits often sponsor projects because they want to support groups and projects that further their mission or that have unique abilities to serve their target population. In exchange for the management and supervisory services a sponsor provides, the sponsor typically keeps 5-10% of the funds raised by the project.   Okay, got it.  Back to the book—what’s new with the new edition? They dropped one model and added a new one, which is why it’s still “Six Ways of Doing It Right.”  They also updated the law, substantially expanded the details and examples, added a very helpful summary table, added glossy color photos, and added an outline of typical provisions for agreements under Models A and C (the two most common models).  It’s also paperback now instead of hard cover.   What’s the new model they added in this new edition? The sponsored project forms an LLC, which is wholly owned by the sponsoring 501c3 organization.  Because it’s a single-member LLC, the book abbreviates this as SMLLC.    Are a lot of people using the new model? No, it’s still fairly new and has a pretty specific use case.  But time will tell whether the nonprofit world adopts it more widely.    Which models do people use the most and what are they? Models A and C are the most commonly used, with Model C being slightly more popular.  In Model A, the sponsor org takes on the project as part of its own operations.  It makes for a pretty light admin lift for the project, but also means that any liabilities of the project inure to the sponsor. In Model C, the project forms its own entity and essentially applies for a “pre-approved grant” from the sponsor.  Importantly, in both Model A and C, the donors’ money goes to the sponsor, not the project, and the sponsor retains ultimate control over how it will spend and distribute the money. That is critical for these arrangements to work from a tax and governance perspective.      How much does the new edition cost?  Should I buy the previous edition and save money? The new edition is around $40 plus shipping.  If you already have a copy of the 2nd edition I wouldn’t necessarily toss it since a lawyer can still reference it for the most commonly used models and concepts, but the third edition is substantially better, in my opinion. 

2019-11-18T17:03:32-06:00November 18th, 2019|

FOIA litigation/Brady issue in Western District of Pennsylvania   In the event you have folks interested in FOIA litigation, Brady issues, or trial proceedings in Pittsburgh, PA, please see below for more details about a case in which we currently represent a client on appeal in the Third Circuit, and are unable to represent him on the remanded proceedings in the Western District of Pennsylvania.   The client has a FOIA case against three entities including the FBI, Executive Offices of the United States Attorneys (“EOUSA"), and Cuyahoga County Mortgage Task Force ("Task Force") to determine whether the government withheld evidence that it was obligated to disclose under the Supreme Court’s decision in Brady v. Maryland. The District Court dismissed his case as to the Task Force and granted summary judgment in favor of the EOUSA and FBI so the client appealed to the Third Circuit, where Covington currently represents him.   The government conceded that the Third Circuit needed to vacate the District Court’s grant of summary judgment in favor of the EOUSA on the basis that the EOUSA inaccurately described the documents that were withheld from the client. The Third Circuit stayed the appeal as to the Task Force and FBI, but remanded the proceedings as to the EOUSA for the EOUSA to file a new Vaughn index and the parties to litigate whether the EOUSA has satisfied its disclosure obligations under FOIA. Once the remand is resolved, the EOUSA portion of this case will come back to the Third Circuit, where Covington remains appellate counsel.   While the remand is ongoing, we would be happy to provide high-level thoughts, feedback, and guidance to the extent that would be of assistance to developing an ideal record for appeal.   Please let me know if anyone at your firm might be interested in picking this up. Thanks!

2019-11-18T15:34:03-06:00November 18th, 2019|