• 132: Bigger and Better | Can the Trump Administration Target Nonprofits?
    Feb 20 2025

    In this episode of Charity Therapy, Meghan and I are answering the big question - can the Trump administration target nonprofits?. We’re getting real about the fears of funding cuts and increased scrutiny, and dive in on the looming threat of the HR 9495 bill, which could label some nonprofits as terrorist organizations.

    Keeping your nonprofit in good standing feels like a never-ending battle, especially with all this uncertainty swirling around. That's why we're sharing practical tips to help you armor up with preparedness and compliance. From IRS requirements to solid financial controls, we've got your back. Plus, we talk about the power of building a supportive network of like-minded pros who align with your mission.

    So, what can you do to stay afloat in these tumultuous times? First, keep your affairs in order, and maybe stash away a legal defense fund—just in case. Professionalizing your bookkeeping might sound boring, but trust us, it’s a game-changer. And if you’re feeling overwhelmed, download our survival guide for more detailed advice.

    We're all in this together, and with a little preparation and a dash of humor, we’ll help you steer your nonprofit through whatever comes next.

    In this episode, you will hear:
    • Potential threats to nonprofits during the Trump administration, especially on those working in immigration, LGBTQ+ rights, and reproductive rights

    • The concerns surrounding losing funding just because your nonprofit promotes diversity and inclusion

    • Tips for staying compliant with IRS rules, beefing up your financial controls, and making sure your books are squeaky clean

    • All the details on the HR 9495 bill, which could let the government label nonprofits as terrorist organizations without much evidence

    • How to protect your organization, no matter your mission

    Resources from this Episode

    Download our 2025 Survival Guide for nonprofits: www.birkenlaw.com/2025-survival-guide

    See OFAC Rules question on IRS 1023: www.irs.gov/instructions/i1023#en_US_202412_publink100022027

    Sign up for the Birken Law Email list: birkenlaw.com/signup

    Facebook page: www.facebook.com/birkenlaw

    Follow and Review:

    We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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    17 mins
  • 131: Everything Turned Out Fine? | Major Funding Changes with the Trump Administration
    Feb 6 2025

    Hey there, it's Jess, and I'm so glad you're tuning in to this episode of Charity Therapy. We're diving into the choppy waters of nonprofit funding, especially with all the political changes shaking things up. Meghan and I are here to help you navigate these uncertain times.

    We'll talk about the crucial role federal funding plays in supporting nonprofits, particularly those focused on important causes like racial justice and reproductive rights. Plus, we'll chat about how economic factors like inflation could change how donors think about giving.

    Feeling a bit panicky about the potential funding shifts? You're not alone! We know it's easy to let fear take the wheel, but we've got some tips to keep you grounded. We'll discuss why separating your emotional reactions from strategic planning is essential. We'll also cover the importance of having a backup plan and knowing when to make tough decisions, like prioritizing staff retention or preparing for the worst-case scenario. We'll even tackle a real-life question from a social services agency board member about adapting funding strategies in these unpredictable times.

    Grab a cup of coffee (or maybe something stronger), and join us as we explore the world of nonprofit funding. We'll laugh, we'll commiserate, and most importantly, we'll share strategies to help you stay resilient and prepared for whatever comes your way. So, if you're ready to face the funding rollercoaster with a bit of humor and a whole lot of heart, hit play, and let's dive in!

    In this episode, you will hear:
    • What we know (or don’t know) about upcoming changes to federal nonprofit funding
    • The vital role of federal dollars in supporting nonprofits, especially those focusing on hot topics like racial justice and reproductive rights
    • Keeping calm and planning ahead instead of letting panic steer the ship
    • What is “rage giving” and how it might change with today’s economic challenges, like inflation and corporate decisions like Target's recent DEI pullback
    • A board member's question sparks an honest talk about diversification struggles and how to prepare for the unexpected
    • How to get to know your nonprofit’s financial picture. What’s your backup plan if the money train derails?
    Resources from this Episode

    Download our 2025 Survival Guide for nonprofits: www.birkenlaw.com/2025-survival-guide

    Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

    Facebook page: https://www.facebook.com/birkenlaw

    Follow and Review:

    We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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    20 mins
  • 130: Pleasantries & Pontificating | Great Nonprofit Board Meetings with Maria Huntley
    Jan 23 2025

    Hey there, it's Jess Birken, your go-to nonprofit law buddy, here to save you from those endless board meetings that make you want to pull your hair out!

    In this episode of Charity Therapy, I'm chatting with my friend Maria Huntley, the executive director of the Minnesota Academy of Family Physicians. She's got the inside scoop on how to run nonprofit board meetings that are not only more productive but also a whole lot more fun. Say goodbye to those never-ending life stories and hello to meetings that start AND end on time.

    We dive deep into the world of board meeting magic, exploring tips like how to be a rockstar facilitator and why having some solid ground rules can be a game changer. Maria shares her genius ideas on mixing social time with business, making sure everyone gets a say, and keeping those discussions on point. If you're sick of people using the mic to relive their glory days, we have some hilarious insights on managing that, too. Plus, Maria dishes on how to set the right tone with board orientations and training so everyone’s on the same page from day one.

    Whether you're a seasoned pro or just starting your nonprofit adventure, this episode is packed with advice to make your board meetings a breeze. And if you're as nerdy as Maria and me, we've even got a handy recipe for facilitating discussions up for grabs.

    In this episode, you will hear:
    • Managing board meetings effectively to ensure they start and end on time

    • Facilitator skills and employing ground rules to help achieve effective meetings

    • Be mindful of dominating the conversation

    • Leading statements can help ensure everyone has an equitable chance to voice their opinions

    • A consent agenda for streamlining meetings and increasing their overall efficiency

    • Shifting to a positive board culture through training and orientation

    • Respecting board members' time and keeping meetings short and well-structured

    • Having a clear structure in place for successful board discussions

    Resources from this Episode

    Recipe for a Generative Discussion: https://birkenlaw.com/wp-content/uploads/2024/12/Generative-Discussion-Recipe.pdf

    Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

    Facebook page: https://www.facebook.com/birkenlaw

    Follow and Review:

    We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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    18 mins
  • 129: Varying Degrees of F’d Up | Giving Up Your IRS Nonprofit Status
    Jan 9 2025

    On today’s episode of Charity Therapy, we’re diving right in with a big question - what REALLY makes a nonprofit a nonprofit? (Spoiler alert - it’s more than just the IRS status!) If you ever wondered if a nonprofit should really just be a regular for-profit business, we’ve got some juicy ideas (and a reality check) for you.

    We’ll share a listener's story about a farmer’s market that lost its nonprofit status and wants to switch gears to become a for-profit. It’s not as simple as it sounds! We’re here to break down the details, explain what really happens when you lose your IRS tax-exempt status, and help you really understand the differences between nonprofits and for-profits. Trust us, you’ll want to hear this before making any big moves!

    We’ll unravel common misconceptions and help you navigate these tricky transitions without getting lost. Remember, whether you’re a seasoned pro or just dipping your toes into the nonprofit waters, we’re here to support you every step of the way. Enjoy the episode, and don’t forget to share it with your friends who might be pondering the same questions!

    In this episode, you will hear:
    • Unpacking the differences between owning a for-profit business and operating a nonprofit

    • Why converting isn't just a walk in the park but more like a complex dance

    • A listener's question about a farmer's market losing its nonprofit status: Can it just become a small business?

    • Why losing tax-exempt status doesn't mean you're suddenly a for-profit.

    • The implications of operating without income tax exemption

    • When you need to seek out some professional advice

    Resources from this Episode

    Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

    Facebook page: https://www.facebook.com/birkenlaw

    Follow and Review:

    We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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    14 mins
  • 128: Don't Let Rich People Boss You Around | Do Grants Make the Nonprofit Worth It?
    Dec 26 2024

    In this episode of Charity Therapy, we’re answering the big question - what even the nonprofit industrial complex?

    We’re pulling back the curtain on those nonprofits that seem more focused on keeping the lights on than actually solving the problems they set out to tackle. We’re also answering a burning question from a listener thinking about flipping their for-profit mental health service into a nonprofit, all for the sake of snagging some grant money. Should they do it? Spoiler alert: it might be more trouble than it’s worth!

    Now, let's get real for a second. Turning your business into a nonprofit isn’t just about filing a couple of forms and calling it a day. There are tax IDs, regulations, and more red tape than you can shake a stick at. But don't worry, we've got some alternative ideas up our sleeves, like pass-through grants that might just save the day.

    Whether you’re knee-deep in the nonprofit world or just curious about it, we promise you’ll leave with a few nuggets of wisdom and maybe a laugh or two. Grab your headphones and settle in—it's time to get our nonprofit nerd on!

    In this episode, you will hear:
    • Are some nonprofits just keeping themselves alive instead of tackling real issues?

    • Weighing the pros and cons of switching from for-profit to nonprofit for grant money

    • Starting a nonprofit is a whole new ballgame with tax IDs, tax exemptions, and regulations

    • How the pressure to become a nonprofit can be a big ask

    • Alternative funding ideas, like pass-through grants and keeping the mission alive without losing your sanity

    • You can’t just “become” a nonprofit

    Resources from this Episode

    Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

    Facebook page: https://www.facebook.com/birkenlaw

    Follow and Review:

    We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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    19 mins
  • 127: Waiting for the Cat | Nonprofit Audits & Financial Transparency with Peter Farstad
    Dec 12 2024

    Today, we’re diving deep into the world of nonprofit financial audits with my amazing guest, Peter Farstad. Peter is a pro when it comes to nonprofit finance, and he's here to help us unravel the sometimes scary world of audits and financial transparency. We know how daunting those big, scary financial statements can seem, especially if you're a Minnesota nonprofit pulling in over $750,000 a year.

    In this episode of Charity Therapy, Peter and I chat about why sharing your financial audits with donors isn’t just a good idea—it’s a trust-builder! We totally get why your executive director might be hesitant about posting those reports online, especially if it’s a new practice. But fear not! We’ll give you the lowdown on gently nudging your organization toward more transparency, which is key for building donor trust and credibility. Plus, we throw in some humor and personal stories to keep things light because, let’s face it, finances can be a snooze-fest without a little laughter.

    Whether you're a new development director or a seasoned pro looking to up your game, this episode is packed with practical tips and a good dose of empathy. Let’s dive in and make financial transparency a fun and achievable goal for your nonprofit!

    In this episode, you will hear:
    • Peter Farstad, a nonprofit finance whiz, breaks down the complicated world of nonprofit financial audits

    • Audit 101: If you're a nonprofit in Minnesota pulling in over $750k, you're in for a financial audit ride!

    • Resources like the National Council of Nonprofits for audits

    • Why transparency is key and a superpower for building trust with donors

    • How to handle the executive jitters about sharing financial audits

    • Tips on how to smooth over any internal awkwardness about financial transparency

    • Convincing your team that sharing is caring and how it can take your nonprofit to the next level

    Resources from this Episode

    Learn more about Peter’s firm: nonprofitfinancialacumen.com

    Find out your state’s audit requirements here: www.councilofnonprofits.org/running-nonprofit/nonprofit-audit-guidec/state-law-nonprofit-audit-requirements

    Sign up for the Birken Law Email list: birkenlaw.com/signup

    Facebook page: www.facebook.com/birkenlaw

    Follow and Review:

    We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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    20 mins
  • 126: Unicorns and Rainbows and Care Bears | Giving Tuesday with Ephraim Gopin
    Nov 28 2024

    Hey there, nonprofit enthusiasts! In this episode of Charity Therapy, Jess is joined by her good friend and nonprofit fundraising guru, Ephraim Gopin, to chat about the highs and lows of Giving Tuesday and year-end fundraising. Spoiler alert: Ephraim isn’t the biggest fan of Giving Tuesday.

    We dive into listener questions, including one from someone whose Giving Tuesday campaign didn't quite hit the mark. We discuss setting realistic goals and understanding donor moods—especially during the chaos of Thanksgiving when everyone's minds are on turkey and Black Friday deals.

    Ephraim and I also explore alternative approaches, like Gratitude Tuesday, which is all about appreciating your donors instead of chasing after their wallets. Ephraim shares some fantastic advice on managing board members' expectations, emphasizing the importance of building relationships rather than just focusing on the almighty dollar. Plus, we highlight why sometimes skipping a Giving Tuesday campaign can actually be a strategic move backed by solid data.

    Thanks for tuning in, and remember: fundraising is about building bonds, not just bucks!

    In this episode, you will hear:
    • Tearing apart Giving Tuesday. Spoiler: Ephraim Gopin gives it two thumbs down!

    • Setting goals is great, but setting realistic goals is even better

    • Thanksgiving Vibes vs. December Giving Feels: Newsflash! People are more about turkey and travel during Thanksgiving

    • Hitting board members with data and implementing Gratitude Tuesday

    • Keep trying new things and learn from both your wins and your epic fails

    Resources from this Episode

    Sign up for the Birken Law Email list: birkenlaw.com/signup

    Facebook page: www.facebook.com/birkenlaw

    Sign up for the 1832 Communications newsletter: 1832communications.com/nonprofit-newsletter

    Follow and Review:

    We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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    21 mins
  • 125: True Crime Mukbangs | Understanding Scammy Nonprofits
    Nov 14 2024

    In this episode of Charity Therapy, Meghan and I are diving into the wild world where nonprofits and for-profit businesses collide.

    Ever wondered what happens when one person owns both a nonprofit and a business? Spoiler alert: it can get messy. We'll answer your burning questions about these murky waters, help you spot the red flags, and remind you why transparency is crucial. Plus, we'll chat about how the IRS keeps a close eye on potential scams and insider deals.

    We won't sugarcoat it—things can get shady when a nonprofit starts buying from its owner's business. We're talking about the nitty-gritty of private inurement and excess benefit transactions. If that sounds like a foreign language, don’t worry—we break it down in plain English. We'll even throw in some hypothetical scenarios to help you see the potential tax perks and pitfalls. Whether you're a nonprofit newbie or a seasoned pro, you'll leave this episode with a better understanding of what to watch out for.

    Finally, we tackle the tricky topic of scams. They're not just harmful—they're often pointless, too! We encourage you to cut ties with any sketchy schemes and share your stories with us. Got a friend tangled up in a dubious venture? We'd love to hear about it and offer our take.

    Remember, you're not alone on this nonprofit journey, and we're here to help you navigate it with a bit of humor and a lot of heart.

    In this episode, you will hear:
    • Spotting sneaky nonprofit tricks: nonprofits linked to for-profit businesses and suspicious money flows between them

    • Why owning both a nonprofit and a for-profit can lead to IRS issues and is usually discouraged

    • How nonprofits purchase from the owner's business, hinting at potential misconduct

    • Scams, avoiding shady dealings, and adhering to nonprofit ethics

    • Nonprofits require effort and aren't a shortcut to riches

    Resources from this Episode

    Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

    Facebook page: https://www.facebook.com/birkenlaw

    Follow and Review:

    We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

    Episode Credits

    If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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    18 mins