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Litigation: Not For Profit Corporate & Organization Litigation
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Thomas S. Richey
Michael H. Chanin
Frank S. McGaughey, III
Jennifer Devine Odom
W. Scott Sorrels

Powell Goldstein provides non-profit corporations, trade associations, charitable trusts, and similar organizations with counsel and advice on tax, fiduciary issues, corporate governance, legal compliance, employment and litigation matters.

We have represented non-profit entitites in a variety of disputes and litigation, as well as in administrative proceedings and enforcement matters. We make every effort to handle disputes on a firm, effective and economical basis, mindful of the organization's mission and reputational concerns, as well as the unique legal principles that govern non-profit organizations and affect their liability.

We also help our clients with non-profit insurance, indemnification, investigations and corporate governance matters both nationally and in Georgia.

Litigation

We have represented non-profit organizations and their officers and directors, both as plaintiffs and defendants, in litigation, arbitration, mediation and in the informal assessment and resolution of disputes and claims concerning:

  • Contractual, transactional and property rights, including financial and investment issues
  • Corporate governance matters, including director and officer liability and interested party transactions
  • Employment disputes, including alleged wrongful termination, discrimination in hiring and promotion, sexual harrassment
  • Healthcare litigation, including Medicare and Medicaid reimbursement appeals, CMS determinations, certificate of need proceedings, charity and uninsured patient claims, regulatory and enforcement proceedings, including Stark violations, qui tam litigation
  • Disputes regarding control of the organization, including validity of membership votes, election of directors, and corporate actions
  • Rights of charitable organizations as beneficiaries of trusts and decendents' estates
  • Antitrust matters, involving trade associations, healthcare services and in other areas
  • Intellectual property, trade secret and unfair competition disputes
  • ERISA issues

Internal Investigations

We conduct internal investigations involving issues of corporate governance, financial reporting and audit committee matters, government and private grants, legal compliance and whistle-blower allegations of management misconduct. We have also represented non-profit organizations and their officers and directors in investigations conducted by state attorneys general, by federal and state regulatory agencies and grand jury matters.

Insurance and Indemnification

We advise non-profit organizations on policy provisions and coverage issues and claims under director and officer liability policies, as well as other forms of insurance. We also assess and advise non-profit clients on indemnification of officers and directors.

     
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