Not For Profit/Exempt Organizations Blog
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Scott Harshbarger

Scott Harshbarger is a senior counsel. His practice focuses on strategic counsel and litigation, corporate investigations and defense, corporate and not-for-profit governance and government regulation. Scott’s distinguished career has included major public office, not-for-profit executive management, numerous board directorships and private legal counsel.

Scott’s lengthy record in public service as a public defender, civil rights attorney, district attorney and Massachusetts Attorney General provides him with the experience to offer strategic counsel and legal advice to CEOs, general counsel, trustees, public officials and boards on such matters as fiduciary responsibilities, governmental inquiries and regulation, fraud investigations, compliance, ethics issues and crisis management.

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ACT Report on IRS and Small Exempt Organizations

The Advisory Committee on Tax Exempt and Government Entities (ACT) has released its annual report and recommendations to the IRS on selected issues concerning exempt organizations, employee benefit plans, tax-exempt financing, and state and local governmental entities. See our post about last year’s report here. The annual ACT report is always an important indicator and … Continue Reading

Attorney General’s Statement on Hospital Transfer Could Have Much Broader Implications

On October 6, 2010, Massachusetts Attorney General Martha Coakley released a report related to the proposed transfer of the Caritas Christi Hospital System ("Caritas") to Steward Health Care System LLC, an affiliate of Cerbeus Capital Management, L.P. The report ("The Statement") contains the Attorney General's analysis - under Massachusetts charitable law and the Attorney General's role as public charities' overseer -- of its five month evaluation and assessment of the proposed sale of Caritas to Steward, a newly-created for-profit entity, controlled, owned and funded by Cerberus, a private equity fund. The Statement can serve as a very useful primer or guide to any charitable organization and its board, not just healthcare organizations. … Continue Reading

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