Jefferson C. Glassie, FASAE

Jefferson C. Glassie, FASAE

PARTNER
jglassie@wtplaw.com
WASHINGTON
T: 202.689.3156
F: 202.327.6188



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. 

Recognitions

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

  • Best Lawyers Designation
  • ICE Designation

Nonprofit Organizations and Associations

Provides a broad range of legal advice to nonprofit and tax exempt organizations, and to trade, professional, and membership associations

Entity Formations

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

Governance/Fiduciary Duties

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

Membership Programs

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

International Practice

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.

PRESENTATIONS & PUBLICATIONS

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

ARTICLES

Act Now on Privacy and Cybersecurity Issues!

There is no question that the newest and biggest liability risk for associations arises from online activities.  It’s not a question of ‘if’ your association will suffer a data security breach, but ‘when.’  Savvy association execs and operational professionals will get ready now for the inevitable breach – whether from a pernicious hack, phishing, or just a lost staff computer or personal device.  In fact, the laws of several states – which apply if the association has personally identifiable information (“PII”) of any residents from those states – mandate that holders of such information have in effect a written information security plan/policy (“WISP”) to protect such information NOW!

Plan to Fail

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.


The 4th Circuit Reaffirms Judicial Deference to Accreditation Agencies

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.


Be on Guard for Cybersecurity Breaches

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.


Don't Send Your Association's Email Lists To Criminals

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.  


Travel Safe: Managing the Legal Risks that Arise from International Operations

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?


Are You Complying with Canada's New Anti-Spam Rules?

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.


Recent Antitrust Enforcement Actions

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. 


Privacy Is Now A Priority

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.


Copyrights Are Critical For Associations

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.


Legal Update and Summary of The New York Nonprofit Revitalization Act of 2013

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 


Upgrading Your Code of Ethics and Disciplinary Procedures: Practical and Legal Considerations

A key aspect of any professional certification program is a code of ethics and the code’s accompanying procedures. A code of ethics, sometimes referred to as a code of professional conduct, is a critical feature of a certification program both for the promotion of the safety of the public and the integrity of the program’s credential. For those programs seeking or maintaining the coveted National Commission for Certifying Agencies (NCCA) accreditation, a mark of quality for certification programs, disciplinary policies and procedures are required. (See the Responsibilities to Stakeholders section of the NCCA Standards, Standard 6.)

Association Social Media -- Is Permission Required To Post User Content?

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? 


New Handbook On Intellectual Property For Nonprofits Is Published

“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.


Establishing an Association Foundation

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.


Board Meeting Minutes -- Best Not To Get Too Wordy!

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. 


The Importance of Legal Audits

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.


Copyright Law and Your Association

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.


U.S. Embargoes Can Impact Certification Programs

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. 


NEWS

57 WTP Attorneys Listed in Best Lawyers in America 2019, Four Named "Lawyer of the Year"

57 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2019 (copyright 2018 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site.

59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

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. 


Jefferson Glassie Recipient of 2015 ICE Award

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.


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.


Jefferson Glassie Chosen for ASAE's 2014 Class of Fellows

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.


New Book On Intellectual Property Authored By Whiteford Lawyers

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.  


Jeff Glassie Joins Whiteford, Taylor & Preston

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.