Legal Risk Management for Associations

Legal Risk Management for Associations is intended to assist volunteers and employees who have positions of responsibility and authority for trade or professional associations in

• Avoiding violations of the law,
• Protecting their association's future, and
• Accomplishing their association's goals and objectives effectively and with increased confidence that legal problems will not interfere.

Associations of all kinds, whether large, medium, or small in size and whether national, state, or local in scope are affected or potentially affected by a host of laws and regulations at the federal, state, and local levels. Many of the applicable rules are highly technical and nonintuitive; common sense is simply not a sufficient guide to avoiding legal liability. Violations of the law, whether intentional or unintentional, can have severe consequences for the association and for the individuals involved. This book was written to help those who work with associations in any capacity protect themselves and their association.

Preface

How to Use This Book

I. Legal Issues For All Volunteers and Employees

Introduction

1. Loyalty and Conflicts of Interest
2. Respecting Confidentiality
3. Apparent Authority
4. Discrimination by Federal Grantees
5. Antitrust Generally
6. Defamation

II. Legal Issues in Self-Regulation

Introduction

7. Advice and Endorsements
8. Business and Professional Ethics
9. Accreditation and Approval
10. Guidelines, Advisories, Models, or Recommendations
11. Professional Specialization, Certification, Recognition, and Listing
12. Product Standards, Testing, and Certification
13. Membership

III. Legal Issues in Professional Practice Programs

Introduction

14. Fees, Reimbursement, and Modes of Practice
15. State Licensing

IV. Legal Issues in Business Price and Cost Programs

Introduction

16. Surveys of Prices or Costs
17. Discussions at Meetings

V. Legal Issues in Publishing

Introduction

18. Publications and Copyright Law

V. Legal Issues in Employment

Introduction

19. Employment Discrimination
20. Wrongful Discharge

Appendices

1. Sample Conflicts of Interest Policy
2. Sample Guidelines on Apparent Authority
3. Sample Antitrust Compliance Policy

Index

About the Authors