Association Law (Trade Association)

Our Association Practice is experienced in forming, counseling, and representing trade associations, professional societies, and other nonprofit organizations and their taxable and tax-exempt subsidiaries. We provide legal and business solutions for the unique needs of trade associations in relation to general association laws and regulations as well as issues specific to our clients' industry and members. We have extensive expertise counseling associations on the breadth of compliance issues that arise under federal and state requirements. We have also developed an in-depth expertise of technology standards and intellectual property issues as they apply to trade associations.

Formation and Structure

Our Association attorneys are skilled in carefully structuring tax-exempt, non-profit organizations that comply with all federal and state regulations while effectively serving the organizations' legal and business objectives. We also structure non-profit and for-profit subsidiaries as well as joint ventures, affiliations, partnerships, and association-related foundations for our association clients.

Management and Governance

Our Association Practice also counsels and helps design governance and operational plans for the management structure of the organization. We draw on our Corporate and Employment Practices as well as our extensive business experience to design adequate employment policies and compensation arrangements, benefits, promotion and marketing campaigns, meeting and voting procedures, relations with chapters and affiliated organizations, and sponsorship liability. We assist associations by preparing and negotiating corporate documents and building association financial structures and member benefits programs according to federal and state regulations.

Tax

Tax exemption status is critical to the formation and continuation of an association. Our Practice offers a full range of federal and state tax counseling and planning services, covering all organizational and operational aspects in order to obtain and maintain tax-exemption. We also help design appropriate taxation features for special project and business activities.

Antitrust and Trade Regulation

We provide careful analysis, counseling, and documentation for our association clients to ensure that their activities comply with antitrust regulations. We review and help implement proper features of membership criteria and restrictions; ethics codes; standards, certification programs, and accreditation activities; promotional programs; purchasing programs; export activities; joint R&D activities; and joint intellectual property programs.

Political Affairs

We review our association clients' political affairs activities and provide guidance on regulatory restrictions, such as lobbying restrictions. We also intervene on behalf of our clients in analyzing, interpreting, or preparing a response or testimony to proposed or enacted governmental and regulatory action.

Technology and Intellectual Property

Building on our experience in technology law and business, we bring great technology expertise to our Association Practice through our Consortium and Standard Setting and Intellectual Property Practices.

Our Consortium and Standard Setting Practice is widely recognized for its expertise. We have represented more than 60 technology consortia, advocacy and standard setting organizations, testified before the Department of Justice and Federal Trade Commission, and filed amicus curiae briefs with the Federal Circuit Court, U.S. Supreme Court and Federal Trade Commission on behalf of over 8,600 member companies of consortia and standards development organizations in important cases involving standard setting. We bring our expertise in these areas to addressing the technology needs of our Association clients as well.

For more information on our Association Practice, please contact Andrew Updegrove (profile, email).