Director, Legal Affairs and Associate General Counsel (Nonprofit Tax Exempt Lawyer)

Location US-DC-Washington
Posted Date 2 months ago(5/5/2020 2:48 PM)
Job ID
2020-6238
Department
Legal Affairs
Company
The Pew Charitable Trusts

Overview

The Pew Charitable Trusts uses data to make a difference. For more than 70 years, we have focused on serving the public, invigorating civic life, conducting nonpartisan research, advancing effective public policies and practices, and achieving tangible results. Through rigorous inquiry and knowledge sharing, we inform and engage public-spirited citizens and organizations, linking diverse interests to pursue common cause. We are a dedicated team of researchers, communicators, advocates, subject matter experts, and professionals working on today’s big challenges – and we know we are more effective and creative collectively than we are individually. With Philadelphia as our home town and the majority of our staff located in Washington, DC, our U.S. and international staff find working at Pew personally and professionally rewarding.

 

Wise stewardship of resources allows Pew employees to pursue work that strategically furthers our philanthropic mission in significant and measurable ways. We collaborate with a diverse range of philanthropic partners, public and private organizations, and concerned citizens who share our interest in fact-based solutions and goal-driven investments to improve society. Pew attracts top talent, people of integrity who are service-oriented and willing to take on challenging assignments. We provide competitive pay and benefits, a healthy work-life balance, and a respectful and inclusive workplace. Pew employees are proud of their colleagues, proud of where they work, and proud of the institution’s reputation.

 

Legal Affairs
The Legal Affairs department of The Pew Charitable Trusts is responsible for a wide and growing variety of general corporate legal and risk management matters in addition to overseeing relationships with outside counsel and managing board communications and relations. The department’s work continues to grow based on Pew’s change from private foundation to public charity status in 2004, enabling a dramatic expansion of Pew’s charitable activities and increasing the amount and complexity of the department’s work. Legal Affairs provides legal advice to the board, senior management, and staff regarding all of the institution’s activities, from directly operating projects to lobbying, fundraising and grant making. The department is also involved in the design and development of new policies and procedures affecting Pew’s operations. The Legal Affairs department is currently comprised of 32 individuals, consisting of 19 legal staff, five compliance staff, and eight board services members.

 

Position Overview
The Director is responsible for managing the delivery of risk-informed legal counsel and legally-informed business counsel to Pew’s program, operations, and cross-cutting units regarding complex gifts, grants, collaborations and transactions, and on matters related to fundraising and philanthropy. The position requires significant experience advising section 501(c)(3) organizations on the appropriate structure, documentation, and execution of sophisticated charitable giving vehicles (such as legacy gifts, charitable trusts, and donor-advised funds) and complex transactions and collaborations (such as strategic partnerships, joint ventures and impact investments). The position also requires significant experience advising on laws unique to public charities and philanthropy, including charitable solicitation law, nonprofit corporation law, and federal tax laws regulating charitable giving.


The Director serves as the principal legal liaison to Pew’s Institutional Partnerships department and leads a small team of attorneys that supports the structuring, negotiation, and execution of complex transactions and partnerships and advises Pew on matters related to fundraising.

 

This position reports to the Senior Director for Operations and Tax and is based in Pew’s Washington, DC office.

Responsibilities

Fundraising and Philanthropy

  • Serve as a subject-matter expert in legal and tax issues arising from Pew’s donor engagement activities, including charitable solicitation law and laws regulating planned giving, philanthropic investing, inbound gifts and grants, gifts in-kind, and donor-advised funds.
  • Structure and review agreements, communications and other documents related to public support of Pew, including but not limited to issue funds, charitable trusts, program-related investments, donor-advised funds, planned giving vehicles and other gift arrangements, to assure compliance with applicable laws.
  • Review and provide advice on fundraising collateral, press releases, and other documents intended for public dissemination
  • Review and revise institutional policies and procedures related to gift acceptance and fundraising matters

Partnerships and Transactions

  • Manage the delivery of legal advice to cross-functional teams regarding the structuring, governance, financing, and execution of complex institutional partnerships and programmatic collaborations with external parties; review and draft legal agreements in support of these partnerships
  • Provide strategic advice to cross-functional teams regarding the spin-off and disposition of charitable programs, projects, and assets; aid in the transition of Pew-funded projects to Pew or its grantees or partners
  • Create, review and negotiate a broad range of programmatic and administrative contracts and grant agreements in connection with Pew's work

Institutional/Departmental

  • Serve as the primary source of in-house counsel for Pew’s Institutional Partnerships unit, which leads Pew’s fundraising efforts, develops strategic partnerships for the organization and, through Pew’s office in the United Kingdom, seeks opportunities to enhance Pew’s reputation in Europe.
  • Effectively lead and support a small team of attorneys that provides legal advice and business counsel on institutional partnerships and transactions, inbound gifts and grants, and matters related to fundraising.
  • Serve as a subject matter expert on tax laws applicable to gifts, bequests, and vehicles for tax-efficient charitable wealth transfer. Assist in providing counsel on other tax issues that apply to tax-exempt section 501(c)(3) public charities.
  • Identify and assess legal and business risks to the organization; help identify business and reputational risks.
  • Conduct research and analysis of specific legal questions and prepare memoranda and opinions setting forth research results, recommendations and conclusions.
  • Develop and implement trainings on legal topics for Institutional Partnerships staff.
  • Lead and participate in specific departmental and institutional projects and initiatives
  • Monitor and stay up-to-date on relevant developments in the areas of philanthropy, charitable and planned giving, non-profit advocacy, prohibited campaign intervention, tax-exempt organizations, and contract law, among others
  • Select and manage outside counsel and associated costs.
  • Other duties as assigned.

Requirements

  • J.D. with at least 12 years of legal experience required.
  • Minimum of five years of direct supervisory experience including experience managing the performance management process for direct reports and providing career development advice and counsel required.
  • Extensive experience (through significant law firm and/or in-house experience) providing risk-calibrated advice to sophisticated public charities and their donors on legal issues related to fundraising, grantmaking, planned giving, donor-advised funds, and vehicles for tax-efficient charitable wealth transfer required.
  • Demonstrated success structuring, negotiating, and executing complex strategic partnerships, gifts, grants, joint ventures, impact investments, and other transactions on behalf of tax-exempt organizations required.
  • Experience advising section 501(c)(3) organizations on general tax compliance and nonprofit advocacy preferred.
  • Experience advising section 501(c)(3) organizations on legal issues arising from international operations, programs, and fundraising activities preferred.
  • Strong client service skills and demonstrated ability to resolve problems creatively and effectively; to identify underlying issues in complex situations; to recognize patterns and trends; and to apply relevant expertise and experience to diverse legal questions.
  • Leadership skills, seasoned judgment, high integrity, and the ability to learn quickly, gain credibility, and influence the organization. The successful candidate must be confident and collaborative, with strong interpersonal skills, and must have the capacity to develop productive relationships at all levels, establish trust, and provide thoughtful counsel.
  • Exemplary written and oral communication skills, including the ability to summarize issues and make recommendations in a clear, concise manner. Excellent listener. Highly attentive to detail in all communications.
  • Demonstrated ability to work effectively under pressure, juggle competing priorities, manage projects, organize time and identify resources for projects.
  • Ability to make decisions, justify recommendations, and be responsive to staff requests for legal guidance in a timely and diplomatic manner.
  • Ability to handle sensitive and confidential issues in a fast-paced environment.
  • Highly collaborative and collegial working style well-developed sense of humor, and the ability to work cooperatively with diverse teams of legal and nonlegal professionals.
  • Licensed to practice law in the District of Columbia or eligible for such admission promptly upon hiring.

 

Total Rewards
We offer a competitive salary and benefit program, including: comprehensive, affordable health care through medical, dental, and vision coverage; financial security with life and disability insurance; opportunities to save using health savings and flexible spending accounts; retirement benefits to help prepare for the future; and work/life benefits to maintain a good balance.


The Pew Charitable Trusts is an equal opportunity employer, committed to a diverse and inclusive workplace. Pew considers qualified applicants for employment without regard to age, sex, ethnicity, religion, disability, marital status, sexual orientation or gender identity, military/veteran status, or any other basis prohibited by applicable law.

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