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Government Contracts: Alert - November 12, 2009

On November 30, 2009, the Supreme Court will hear oral argument in Graham County Soil & Water Conservation District v. United States ex rel. Wilson, a qui tam action brought under the False Claims Act (FCA) and appealed from a Fourth Circuit decision. The Court will use the case to resolve a split among the circuits over the scope of the FCA's "public disclosure" bar. A decision affirming the Fourth Circuit could increase qui tam litigation against any organization that does business with, or receives federal money through, federal, state and local governmental entities – and would further expand the reach of the FCA to any state or local program involving the use of federal funds.

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Holland & Knight Forms National Health Care Reform Task Force

As Congress debates the specifics of national health care reform, Holland & Knight has established a Health Care Reform Task Force to help clients around the country address the reform issues and changing federal policy.

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Books
Family Businesses

Managing Conflicts of Interest: A Primer for Nonprofit Boards
 

BoardSource

March 1, 2006
 

The key for nonprofit boards is not to try to avoid all possible conflict-of-interest situations, but to identify and follow a process for handling them effectively. How an organization manages conflicts of interest and assures open and honest deliberation affects all aspects of its operations and is critical to making good decisions, avoiding legal problems and public scandals, and remaining focused on the organization’s mission.

Help promote a culture of disclosure in your nonprofit by exploring the meaning of conflicts of interest and understanding the legal rules relating to them. “Managing Conflicts of Interest: A Primer for Nonprofit Boards,” acknowledges the difficulty in identifying problematic conflicts of interest, and gives recommendations for practice. This new edition discusses:

  • The most recent state and federal laws governing conflicts of interest
  • Important legal concepts, including private inurement, private benefit, and intermediate sanctions
  • Situations that give rise to conflicts of interest
  • Creation of a conflict-of-interest policy and the requirement for proper disclosure
  • Establishing a procedure for responding to existing conflicts
  • Organizational code of ethics and maintaining an overall culture of integrity
  • Special considerations for private foundations in dealing with conflicts of interest

“Managing Conflicts of Interest: A Primer for Nonprofit Boards” is available for purchase at http://www.boardsource.org/Bookstore.asp?Item=182 or by calling 800-883-6262.

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