David W. Tate, Esq., San Francisco and California – firstname.lastname@example.org
I have provided below a link to an article by Dr. Eugene Fram titled “Nonprofit Board Disruption – A Board Member’s Reflections. Gene’s discussion is very pertinent in this time of disruption, including personal, physical, and economic disruption, and perhaps sometimes also with related mental or emotional discomfort.
The term “disruption” has different meanings, i.e., there are different levels and types of disruption. For example, there can be disruption in the sense that something isn’t going as planned, which might also be viewed as something that is disruptive in the context of the ongoing operational risk management which all nonprofits should be doing as a matter of ongoing business. But, of course, disruption such as the type that we are currently seeing and experiencing can also be debilitating or result in a shake-up of the entity or of the industry short-term or long-term.
Reaching answers, and decision making right now aren’t easy. As Gene writes, sometimes disruption is worked through, but sometimes not. Different people have different skill sets, personalities, levels of experience, and communication abilities or propensities. It can be hard to keep board members, the CEO, and perhaps other stakeholders on a constructive and successful path. If it becomes necessary, sometimes it can be beneficial to get help from people who can assist or facilitate with the process.
Immediately below is the link to Dr. Fram’s discussion:
Best to you, Dave Tate, Esq. (San Francisco and California) – email@example.com
Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.
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Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only.
I am also the Chair of the Business Law Section of the Bar Association of San Francisco.
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My law practice primarily involves the following areas and issues:
Trust, Estate, Probate Court, Elder and Dependent Adult, and Disability Disputes and Litigation
- Trust and estate disputes and litigation, and contentious administrations representing fiduciaries, beneficiaries and families; elder abuse; power of attorney disputes; elder care and nursing home abuse; conservatorships; claims to real and personal property; and other related disputes and litigation.
Business, Business-Related, and Workplace Disputes and Litigation: Private, Closely Held, and Family Businesses; Public Companies; Nonprofit Entities; and Governmental Entities
- Business v. business disputes including breach of contract; unlawful, unfair and fraudulent business practices; fraud, deceit and misrepresentation; unfair competition; licensing agreements, breach of the covenant of good faith and fair dealing; etc.
- Misappropriation of trade secrets.
- M&A disputes.
- Founder, officer, director and board, investor, shareholder, creditor, VC, control, governance, decision making, fiduciary duty, conflict of interest, independence, voting, etc., disputes.
- Buy-sell disputes.
- Funding and share dilution disputes.
- Accounting, lost profits, and royalty disputes and damages.
- Insurance coverage and bad faith.
- Access to corporate and business records disputes.
- Employee, employer and workplace disputes and processes, discrimination, whistleblower and retaliation, harassment, defamation, etc.
Investigations, Governance, and Responsibilities and Rights
- Corporate, business, nonprofit and governmental internal investigations.
- Board, audit committee, governance committee, and special committee governance and processes, disputes, conflicts of interest, independence, culture, ethics, etc.; and advising audit committees, governance committees, officers, directors, and boards.
Mediations and Services as a Mediator
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