Jefferson C. Glassie, FASAE
Mr. Glassie represents associations and nonprofit organizations on a wide range of legal matters, including antitrust, tax, certification, accreditation, contracts, employment, merger, intellectual property and corporate issues. Mr. Glassie has concentrated in the field of nonprofit membership organizations for over 30 years.
He is a partner and co-chair of the practice at Whiteford. He received his law degree from the George Washington University School of Law in 1985, with honors, and is admitted in the District of Columbia and Maryland.
ASAE Fellow: American Society of Association Executives, 2014
Listed in Best Lawyers in America, 2013 - present
Recipient: Counsel Services Award, The Mississippi John Hurt Foundation, 2007
Recipient: International Section Excellence Award, ASAE, 1987
Memberships & Activities
Member: Board of Directors of the Council of Engineering and Scientific Specialty Boards
Member: American Bar Association
Member: Maryland Bar Association
President: Jefferson Islands Club, 2009 to date
Former Chair: Legal Section Council, ASAE and the Annual Legal Symposium
Former Chairman: Greater Washington Society of Association Executives, Law and Legislative Committee
Nonprofit Organizations and Associations
Provides a broad range of legal advice to nonprofit and tax exempt organizations, and to trade, professional, and membership associations
Handle and advise on formation of many nonprofit nonstock tax exempt corporations, as well as limited liability companies, for-profit stock corporations; including providing advice on Articles of Incorporation, organizational matters, obtaining Employer Identification Numbers, organizational resolutions, and tax exemption applications, as well as state registration, doing business as/fictitious name applications, corporate registrations
Counsels on Board of Directors, Executive Committee, governance matters, including Bylaws, policies such as conflicts of interest, as well as officer and director nominations, elections, removals, and ethical and fiduciary duty matters
Joint Ventures and Subsidiaries
Advises on establishing and maintaining joint ventures such as for trade shows and publications, as well as partnerships, limited liability companies, and both nonprofit and for-profit subsidiaries, affiliates, foundations, and other related organizations
Labor and Employment Matters
Provides advice on nonprofit organization and association employment matters, such as CEO employment agreements, employee hiring and termination, discrimination, Americans with Disabilities Act, and excess benefits safe harbor compensation issues
Counsels on legal aspects of all manner of association and nonprofit organization membership programs, including trade shows and conferences, scholarly journals, newsletters, e-publishing, affinity programs, educational programs, examination preparation courses, certification, accreditation, and certificate programs
Nonprofit Corporate Services
Provides advice on services to members and the public offered by nonprofit organizations, including antitrust, contract, intellectual property, and tort liability
Tax-Exempt Status Recognition
Advises on tax exemption issues, including applications, charitable contributions and grants, chapter and affiliate issues under group exemptions, including federal and state tax exemption
Unrelated Business Income Analysis
Counsels on UBIT issues, including advertising, corporate sponsorships, affinity programs, royalty and licensing agreements, non-dues revenue issues
Advises on wide range of nonprofit and association international issues, including opening offices in other countries, export controls, embargoes administered by Office of Foreign Assets Control, certification, copyrights, trademarks, affiliation agreements, taxation, etc.
Speaker: "HELP! I've been hacked!" ASAE Annual Meeting & Exposition, 2015
Panelist: "Is Your Association Doing All It Can to Protect Its Intellectual Property (IP) in the Electronic Age," ASAE Law Symposium, September 16, 2011, Washington DC
Panelist: "Finding Your Pot of Gold: How to Identify New Revenue Sources," Institute for Credentialing Excellence, 2011 Annual Educational Conference (New Orleans)
Co-author: “What Do Marijuana Laws Mean for the Workplace?” Associations Now Plus, March 2017
Co-author: "Be on Guard for Cybersecurity Breaches." ICE Digest, March 2015
Co-Author: Intellectual Property for Nonprofit Organizations and Associations, American Society of Association Executives, 2012
Author: International Legal Issues for Nonprofit Organizations, 2nd Edition, American Society of Association Executives, 2010
Author: Certification and Accreditation Law Handbook, 2nd Edition, American Society of Association Executives, 2004
Your association will be hacked. Are you ready?
You often hear lawyers talking about risk -- potential legal and other problems that can arise for an association. Well, there is one new risk that isn’t just a possibility: Your association will suffer a cybersecurity breach at some point in the future, and you’d better be ready.
On March 24, 2015, the United States Court of Appeals for the Fourth Circuit issued a published opinion in Professional Massage Training Center, Incorporated (PMTC) v. Accreditation Alliance of Career Schools and Colleges, d/b/a Accrediting Commission of Career Schools and Colleges (ACCSC), in which PMTC filed a civil lawsuit against ACCSC for alleged violation of due process after ACCSC denied PMTC’s application to renew its accreditation. As further explained below, the Fourth Circuit’s ruling is significant for both accreditation and certification organizations, as it affirms judicial deference to decision making by credentialing bodies. The opinion is available online.
Over the last few years, cyber attacks on businesses have become a regular occurrence. The banking, retail, gaming and health care industries have all fallen victim to cyber attacks. The news media has been replete with stories about for-profit businesses experiencing security lapses or breaches by hackers, but nonprofit certification programs can also be targeted.
On an almost daily basis, we hear about a high profile company falling victim to a cyber-attack. While the news media has been replete with stories about high profile, for-profit businesses falling victim to computer hackers, nonprofit associations are now also a prime target for cyber criminals.
Nonprofit organizations are becoming increasingly active in global activities, which are very complex because of cultural, linguistic, operational, and risk issues. Adding to the complexity are legal issues. When does United States law apply, and when does the law of the local country apply? And what exactly are local laws that nonprofits have to watch out for? It’s not possible to know the laws of all the countries around the world, so how does one manage some of the key legal risks?
The majority of Canada’s Anti-Spam Legislation (CASL) went into effect on July 1, 2014, and this has many U.S. associations and nonprofit organizations concerned. We are not Canadian lawyers, but we can tell you what we know about the new law.
The Supreme Court will hear a case this fall as to whether state licensing boards composed of regulated professionals are entitled to the ‘state action’ exception to the antitrust laws.
In recent years, the Antitrust Division of the Department of Justice and the Federal Trade Commission (FTC), the two federal agencies charged with antitrust enforcement, initiated very few enforcement actions involving associations. In 2009, however, the Obama Administration publically promised that the days of relaxed anti-trust enforcement were gone and that it would employ vigorous antitrust enforcement efforts as a necessary means of reviving the economy. Two key cases filed by the FTC against trade associations in 2013 show that the FTC is committed to upholding its enforcement promise and that associations are not exempt from enforcement action.
A new privacy code for apps tries to help consumers understand what is really happening with their data.
The National Telecommunications and Information Administration of the U.S. Department of Commerce announced a new Short Form Notice Code of Conduct to Promote Transparency in Mobile App Practices this summer, and industry groups are busy commenting on pros and cons. The code is voluntary, but would be applicable to apps that associations and nonprofits develop.
Co-Author: Jennifer Kirkpatrick Howard, a producer at Lockton Companies and a risk management consultant and insurance broker, firstname.lastname@example.org.
Choosing insurance coverage for a chapter or affiliate can be overwhelming. Here are a few tips to help you get started in figuring out what coverage is right for your chapters.
Books, publications, websites, white papers, conference proceedings, magazines and newsletters constitute some of the most valuable property that associations have. These materials may be protected by the copyright laws, and it’s critical that associations maximize such protection. It’s important to make sure both that the organization owns or has adequate rights to use and publish any materials, and also that it has the ability to maintain control of them for purposes of ensuring their integrity and maximizing value to the organization.
The New York State Legislature recently passed the Nonprofit Revitalization Act of 2013 (the “New Act”), which contains several amendments to the New York Not-For-Profit Corporation Law. If signed by Governor Cuomo, provisions of the New Act will become effective July 1, 2014 and will apply to nonprofit corporations that are incorporated in New York.1
As user-generated content becomes a growing source of information on the Internet, associations should be mindful of the potential legal problems that relate to using user-generated content. For example, if John Smith posts comments on an association’s website or social media page, can an association use John Smith’s comments in the association’s newsletter without contacting John Smith for permission?
“Intellectual property (IP), in the form of copyrights, trademarks, lists of members, attendees, exhibitors, and others are often an association’s most valuable property. And in this modern internet era, everything is electronic, so understanding and implementing the rules, best practices, and protections for IP of nonprofit organizations and associations is critical. We thought it was timely to help associations protect their IP by giving them a clear, concrete reference book to turn to,” says the co-author of the just published Intellectual Property for Nonprofit Organizations and Associations, Jefferson Glassie.
Jeff and his co-authors Eileen Johnson and Dana Lynch are attorneys with the boutique law firm, Whiteford, Taylor, and Preston, in Washington, DC.
Many nonprofit Section 501(c)(6) organizations set up separate foundations to carry on certain charitable or educational activities for the parent organization. We have helped many nonprofit organizations set up subsidiary foundations--this is very common and can enhance the activities and fundraising options for the parent organization. Provided below is background information on setting up a foundation.
Many association executives have asked questions about the proper scope and content of board meetings. It’s important to keep minutes in accordance with legal and organizational governance best practices. Here are some thoughts about keeping board meeting minutes.
Legal audits provide a good opportunity for nonprofit organizations and associations to prevent unexpected liability by addressing and resolving problematic issues before they escalate. Risks of liability are a serious concern for nonprofit organizations and associations. A legal audit is particularly important if the association or nonprofit organization has recently undergone a change in management, so that preexisting problems are not attributed to the new leadership.
What is the work-for-hire doctrine, and how does it apply to associations?
The work-for-hire doctrine is a statutory provision under the Federal Copyright Act that acts to transfer copyright ownership in certain cases. However, the doctrine is often misunderstood.
The United States imposes embargoes against several countries, including most prominently Cuba, Iran, Sudan, and Burma. These sanctions programs, administered by the Office of Foreign Assets Control (OFAC), are very broad and essentially prohibit any business dealings by U.S. persons and organizations with those countries, though the Cuban sanctions are the most restrictive. There is, however, a general exception under the law for transmission of information, which applies to many nonprofit organization and association activities.
59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.usnews.com.
In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.
59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"
Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.
In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice.
On October 29, Jeff Glassie received the 2015 volunteer service award from the Institute for Credentialing Excellence (ICE) at its annual educational conference in Portland, Oregon. The award is given annually to an individual who has displayed exemplary service and commitment to the organization, who has been instrumental in facilitating the achievement of the organization’s goals, and who has demonstrated a history of volunteer service in ICE.
59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2016, Eight Named as “Lawyers of the Year”
Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2016 (copyright 2015 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.
63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"
Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.
In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.
The ASAE Foundation is collaborating with Green Seal and Whiteford, Taylor & Preston LLP to pilot an innovative Association Office Greening Program that will award up to 15 grants for workplace sustainability reviews. Applications are due August 15. The program is spearheaded and funded by a $25,000 grant from the law firm Whiteford, Taylor & Preston LLP.
Whiteford Taylor & Preston is delighted to announce that Jefferson Glassie, co-chair of the firm’s Nonprofit Organizations & Associations practice, has been named an ASAE Fellow, one of only 250 in the nation. This recognition is bestowed on leaders in the field, in light of their “innovation, leadership and commitment to the profession,” and is indeed a signal honor.
61 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America; Nine Named as "Lawyers of the Year"
Sixty-one lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2014 (copyright 2013 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices, including the firm's new Roanoke office.
In addition, nine lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.
60 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America Five Named as "Lawyers of the Year"
Sixty lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2013 (copyright 2012 by Woodward/White, Inc., of Aiken S.C.).
This represents an increase of seven over last year. The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.
In addition, five lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.
Whiteford, Taylor & Preston lawyers have written a new book titled Intellectual Property for Nonprofit Organizations and Associations, which is now the definitive publication in the field.
Jeff Glassie, Eileen Morgan Johnson, and Dana Lynch, partners with WTP, are co-editors of the new book, published by the American Society of Association Executives and released at the ASAE convention in Dallas, August 11-15, 2012.
Whiteford, Taylor & Preston is delighted to announce that Jefferson C. Glassie has joined the firm’s Nonprofit Organizations Group as a partner. He is based in the firm’s Washington office and will Co-Chair the firm’s nonprofit practice. Accompanying him in his move to the firm is an associate, Megan Spratt.