Mark C. Franco, ICE-CCP

Mark C. Franco, ICE-CCP

COUNSEL
FALLS CHURCH
T: 703.280.3383
F: 703.259.6525

Mr. Franco assists Associations, Nonprofit Organizations and small businesses on corporate legal matters involving Chapter Relations, Charitable Solicitation, Contracts, Data Security, Due Process, Employment, Entity Formation, Fundraising, Governance, Intellectual Property, Management, Policy Development, Privacy, Professional Ethics and Tax.  He is an I.C.E. Certified Credentialing Professional and provides counsel to professional credentialing programs on matters involving Accommodations, Accreditation, Certification, Cheating, Codes of Conduct, Discipline, Eligibility, Exam Development, Infringement, Score Validation, Standards Development, Test Administration and Vendor Relations and is the author on professional codes of conduct/ethics in the publication titled Certification, The ICE Handbook.  Mr. Franco also volunteers for industry groups in the areas of ethics, diversity, equity and inclusion and as a public member on credentialing bodies to represent the public interest.  He has worked with tax exempt, nonprofit and credentialing organizations since 2003 and received his BS in Business Administration from Georgetown University McDonough School of Business and his JD from the George Mason University Antonin Scalia Law School.

Recognitions

  • Institute for Credentialing Excellence: Certified Credentialing Professional Certificate (March 2022)
  • Institute for Credentialing Excellence: Credentialing Specialist Certificate (March 2017)
 

Memberships & Activities 

  • Board Member: Council of Engineering and Scientific Specialty Boards
  • Chair: Institute for Credentialing Excellence Diversity, Equity & Inclusion Committee
  • Council Member: Institute for Credentialing Excellence Accreditation Services Council
  • Council Member: Accreditation Council on Orthopedic Manual Physical Therapy Education
  • Committee Member: American Society of Association Executives Ethics Committee
  • Member: American Society of Association Executives
  • Member: American Bar Association
INSIGHTS

Moderator: New Year, More Questions, Certification Network Group, February 2024

Presenter: The Current State of DE&I In Credentialing Bodies, Institute for Credentialing Excellence Webinar, 2024

Podcast: The Impact of the 2023 SCOTUS Ruling on DEI, Institute for Credentialing Excellence, January 2024

Speaker: Let’s Continue the DE&I Conversation!, Certification Network Group, November 2023

Speaker: DE&I Coffee Talk - No Big Whoop, Institute for Credentialing Excellence’s Annual Exchange, October 2023

Speaker: Beyond Diversity, Equity, and Inclusion (DEI) and into Belonging (B): Including B in the DEI Framework, Institute for Credentialing Excellence’s Annual Exchange, October 2023

Speaker: Why Accessibility isn’t Just About Meeting Legal Requirements, Institute for Credentialing Excellence’s Annual Exchange, October 2022

Presenter: Far-Reaching Russian Sanctions in the U.S. and an unprecedented speed in enforcement, Webinar, April 2022

Author: "Responding to Exam Security Breaches," Insitute for Credentialing Excellence, March 2022

Author: When the “Social” in Social Media Becomes a Problem for Organizations, Maryland State Bar Association Labor & Employment Newsletter, Winter 2022

Presenter: Managing Your Certification Program During the COVID Era and Beyond: Part 2 - Maintaining Agility in the Face of Future Uncertainty, Webinar, October 2020

Presenter: Managing Your Certification Program During the COVID Era and Beyond: Part 1 - Understanding Your Future Candidate Pipeline, Webinar, August 2020

Author: “Key Business and Legal Considerations for Credentialing Organizations During the COVID-19 Pandemic,” Institute for Credentialing Excellence, April 2020

Speaker: Legal Risks for Accrediting Associations, International Council Advancing Independent School Accreditation Winter Council Meeting, February 2020

Speaker: Avoiding Workplace Harassment, Guns in Communities, and Other Hot Legal Topics, LeadingAge Virginia Annual Conference & Expo, June 2019

Presenter: Understanding the Impact of Medical Marijuana, LeadingAge Virginia Webinar, May 21, 2019

Presenter: Project and Personnel Management for the Young Professional, ASAE Young Professionals Live Stream, May 2019

Speaker: Legal Implications of Remote Employees, ASAE Reston-Loudoun Idea Swap, February 7, 2019

Speaker: Through the Looking Glass... Perspectives on Contracting From the Other Side, 2018 ICE Exchange, November 2018

Speaker: The Legal Implications of Workplace HarassmentLeadingAge Annual Meeting & Expo, October 30, 2018

Speaker: Legal Implications Regarding Harassment for the Modern Healthcare Organization, 2018 LifeSpan/HFAM Annual Conference, October 25, 2018

Speaker: Beginner's Guide to Contracts, Foundation Center, February 2018

Speaker: Employee Performance Improvement Plan: What Does It Really Improve?LeadingAge MD Annual Conference, April 2017

Speaker: Using Your 990 as a Marketing ToolVirginia Association of Free and Charitable Clinics, February 2017

Speaker: IRS Reporting Compliance for 501 (c)(3) OrganizationsAlliance of Hazardous Materials Professionals Annual Conference, August 2016

ARTICLES

Best Practices to Maintain an Enforceable Code of Conduct

Originally published by ASAE here

A code of conduct outlines an organization’s mission, values, and principles, and links them with standards of professional conduct. Here’s an overview of key issues to consider when implementing an enforceable code of conduct for your association.

IRS Clarifies Royalty Income Considerations for Job Board Revenue

In addition to being great resources for individuals and organizations within a profession, job boards can also be a good source of non-dues revenue to the association. However, the IRS has re-affirmed non-dues revenue from a job board can be taxable as unrelated business income even if designated as a royalty.

Whiteford Celebrates International Language Day

In celebration of International Mother Language Day, attorneys and staff from across the firm share their greetings in Cape Verdean Creole, Chinese (Mandarin & Cantonese), Dutch, Farsi, French, German, Korean, Mongolian, Russian, Serbo Croatian, Tagalog, Urdu and Romanian.

Asian American Pacific Islander Heritage Month with Dorothy Deng and Mark Franco

In this short video, Dorothy Deng and Mark Franco share their experiences and what led them to write their article for WTOP News.  As Asian American Pacific Islander Heritage Month continues, we remind and encourage you, "to learn about things you can do to stop violence, be a good ally, and also read about the history of this country."

Celebrating Asian American Pacific Islander Heritage Month

Dorothy Deng and Mark Franco share their personal stories as Asian-Pacific Americans living in the U.S., their perspective on diversity and inclusion, and some ideas about how to celebrate Asian American Pacific Islander (AAPI) Heritage Month.

Maintaining Community in Certification Organizations During a Pandemic

This "Zoomcast" interview is an extension of the podcast series, “Associations Creating Community.” Sara Lake, Executive Director of the International Board of Lactation Consultant Examiners, and Bill Ellis, Executive Director of the Board of Pharmacy Specialties, were interviewed by Whiteford attorneys Jefferson Glassie and Mark Franco. Both organizations worked diligently during the pandemic to re-schedule exams, disseminate information about changes and provided helpful information to the certification communities, while remaining flexible and learning to plan on the fly. Sara felt that the pandemic has made the IBCLC credential more valuable, and Bill noted that maintaining the integrity of the credential became even more important.  Bill and Sara also said that they emphasized thanking volunteers, candidates, and certificants for all they had done during the pandemic. Lastly, watch for a special guest appearance by Sara’s cat, Chloe!

Interpreting Force Majeure in the Era of COVID-19

COVID-19’s impact on the meetings held by organizations is unlike anything ever seen before. The significant risks to the health and safety of attendees have caused organizations to question whether meetings and events where people gather in person, a long-time pillar for nonprofit, tax exempt organizations, should take place.

Client Alert: Addressing Contract Performance Impacted by the Coronavirus under District of Columbia Law

The COVID-19 pandemic has had a wide-ranging impact on all types of businesses operating in the District of Columbia.  Some businesses have had to shut down their operations because employees have contracted the coronavirus.  Other businesses have had to cease operations because government orders have required them to close as part of the DC government’s efforts to minimize the spread of the coronavirus.  And a few businesses have had to close simply because customer demand has vanished due to any number of a combination of factors including fear, diminishing customer disposable income and one or more of the government orders described above.

Ethical Misconduct in Coaching

The recent news of athletic department recruitment scandals - accepting bribes to gain admissions using dedicated roster spots for non-athletes - and for the practice to so easily escape detection is diagnostic of a greater issue within the results-oriented world of collegiate athletics.[1] An environment conducive to ethical misconduct may exist where rules are stretched, improprieties are overlooked and whistleblowing only occurs at great personal risk, both for athletic department employees, as well as students.  Inadequate oversight of unethical misconduct can result in severe consequences, such as the recent and tragic death of a University of Maryland athlete.  In that case, an entire University Board was forced to functionally admit a major athletic program oversight.   Schools and universities must take steps now to ensure that oversight of ethical misconduct, particularly in the athletic department, is being handled appropriately.

The Legal Implications of Workplace Harassment

On 10/30, Mark Franco, Peter Guattery and Sigrid Haines co-presented "The Legal Implications of Workplace Harassment" at the 2018 LeadingAge Annual Meeting & Expo at the Pennsylvania Convention Center in Philadelphia, PA.


UBI Now Calculated for Each Unrelated Trade and Business Activity

The Tax Cuts and Jobs Act that became effective on January 1, 2018, brought sweeping changes to the way organizations calculate and report federal taxes.  Organizations exempt from federal tax were not spared from these changes.  One change that could result in significant unrelated business income tax (“UBIT”) and/or operational burdens on exempt organizations is the change in the manner in which exempt organizations must calculate certain taxable income and the resulting UBIT.


NEWSLETTERS

Associations, Nonprofits and Political Organizations Report - Spring 2022

Beware of Contingent Fee Restrictions When Your Association Hires a Lobbyist

IRS Clarifies Royalty Income Considerations for Job Board Revenue

Responding to Exam Security Breaches

Virginia Exempts Property of Certain Charitable Single Member LLCs from Taxation

Employment Offer Letters

Introducing New ANPO Attorneys at Whiteford

Tax Reminder for Organizations

Recent and Upcoming Interviews

Upcoming Ask Us Anything! Session


Associations, Nonprofits and Political Organizations Report - Spring 2021

Celebrating Asian American Pacific Islander Heritage Month

Unexpected Tax Consequences of Remote Workers

Association Community in the Age of COVID

Legal Issues for Meetings: Lessons Learned and Planning Ahead

Meet the Team - Dorothy Deng

Can Your Association Adopt a COVID-19 Vaccine Requirement?

"Ask Us Anything!" Series - Upcoming Programs


PRESENTATIONS

“Associations Creating Community" Video Interviews

An extension of the “Associations Creating Community" podcast series, these "Zoomcast" video discussions provide timely tips and information about how associations can create community on a local and global level.

Webinar: Managing Your Certification Program During the COVID Era and Beyond: Part 1 - Understanding Your Future Candidate Pipeline

The first of a three-part webinar series, this webinar will focus on applying lessons learned and adopting new approaches and strategies suitable for nonprofit, tax exempt certification organizations to be better prepared to sustain and grow their certification activities in furtherance of their tax exempt purposes – even in an uncertain and challenging environment.