Jerald Jacobs

About Jerald Jacobs

As the attorney leading Pillsbury’s Nonprofit Organizations practice, I have provided and quarterbacked legal counsel and advocacy for hundreds of national trade associations, professional societies, cause organizations, credentialing bodies, foundations, and charities. The practice includes a wide range of issues facing these organizations, including antitrust and trade regulation, health law, litigation, corporate governance, transactions, federal income tax exemption, and federal legislative and regulatory issues.I have served since 1996 as General Counsel for the American Society of Association Executives, the \"association of associations.\"I have singular experience and expertise in mergers, consolidations or other combinations of nonprofit organizations, having managed over 150 of those transactions as attorney/counselor to one or both merging organizations and, sometimes, as joint facilitator.Likewise I have special concentration in counseling and advocacy for nonprofit organizations in antitrust matters, including in Sherman Act, FTC, DOJ and other antitrust proceedings.My work extends overseas such as in having advised the governments of the EU and China on their regulation of nongovernmental organizations, as well as advising many US nonprofits on activities conducted abroad. I’ve written or edited a dozen books on nonprofit organization law, including the principal text in the field,\"Association Law Handbook,\" now in its 7th edition. This nearly book, with an Appendix containing 40 model/sample legal documents, is a broad overview of the laws, regulations, and decisions that govern nonprofits. There\'s also the \"Certification and Accreditation Law Handbook, 3rd Edition,\" written with fellow Pillsbury attorney authors, which addresses all legal aspects of non-governmental professional certification and institutional/entity accreditation. Another title is \"The Legal Guide to Nonprofit Mergers and Joint Ventures,\" which reflects what I have learned in many nonprofit mergers. Another title is:\"Legal Duties for Directors: An Association Board Member\'s Guide to Avoiding Risk While Advancing the Mission,\" a booklet intended to be purchased in bulk for distribution to members of governing boards of nonprofit organizations.[ATTORNEY ADVERTISING. Results depend on a number of factors unique to each matter. Prior results do not guarantee a similar outcome.]

Experience

1. Partner

   Pillsbury Winthrop Shaw Pittman LLP

   Dec 1999 — Present

   Nonprofit Organization Governance- Advise nonprofits on complex and creative governance solutions- Assist governing boards in understanding and complying with legal obligations- Form new nonprofits; revise governance and policy documents of existing nonprofitsNonprofit Organization Transactions- Negotiate and implement affinity programs of all kinds- Advise on mergers and other combinations of nonprofit organizations- Assist in resolving disputes over nonprofits\' transactionsNonprofit Organization Antitrust- First-chair major industry-wide Sherman Act litigation on behalf of nonprofit organizations- Negotiate FTC Advisory Opinions and DOJ Business Review Letters for nonprofits\' programs- Advise nonprofits on antitrust risk and complianceNonprofit Organization Tax Exemption- Assist in obtaining and maintaining tax exemption- Advise on structuring major nonprofit organization transactions consistent with tax exemption- Advocate exempt organizations\' interests in audit or compliance situationsNonprofit Organization Certification and Self-Regulation- Assist in creation and operation of specialty professional certification programs- Advise on all aspects of development and enforcement of codes of ethics/codes of conduct- Advocacy and defense in disputes regarding certification and self-regulationNonprofit Organization Meetings and Events- Negotiate agreements for nonprofit organization meetings and events- Assist in cancellation/attrition or other disputes regarding meetings and events- Advise on protection of intellectual property at meetings and eventsNonprofit Organization Specialty Legal Issues- Oversee assistance on human resources and benefits issues and disputes- Oversee assistance on patent and trademark registration and infringement situations- Oversee assistance on purchasing or leasing nonprofits\' headquarters space

Education

• Georgetown University

  Bachelor of Arts (B.A.), English Literature

  1963 — 1967

• Georgetown Law

  JD, Law

  1967 — 2001