Form990
Click to see attachment
Department of the Treasury
Internal Revenue Service
Return of Organization Exempt From Income Tax
Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung benefit trust or private foundation)

MediumBullet The organization may have to use a copy of this return to satisfy state reporting requirements.
OMB No. 1545-0047
2011
Open to Public Inspection
A For the calendar year, or tax year beginning 01-01-2011 and ending 12-31-2011
BCheck if applicable:
CName of organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Doing Business As
 
 
Number and street (or P.O. box if mail is not delivered to street address)
53 CENTURY BOULEVARD
 
Room/suite
City or town, state or country, and ZIP + 4
NASHVILLE, TN372143682
D Employer identification number

62-1570449
E Telephone number

G Gross receipts $ 3,109,428
F Name and address of principal officer:
DONALD A DANNER
1201 F ST NW SUITE 200
WASHINGTON,DC20004
I
Tax-exempt status: (   ) LeftBullet (insert no.) or
J
Website:MediumBullet
WWW.NFIB.COM/LEGAL
H(a)
Is this a group return for
affiliates?
H(b)
Are all affiliates included?
If "No," attach a list. (see instructions)
H(c)
Group exemption number MediumBullet  
K Form of organization:
 
L Year of formation: 1994
M State of legal domicile: TN
Part I
Summary
Activities  & Governance 1 Briefly describe the organization’s mission or most significant activities: THE NFIB SMALL BUSINESS LEGAL CENTER'S MISSION IS TO BE THE VOICE FOR SMALL BUSINESS IN THE NATION'S COURTS AND THE LEGAL RESOURCE FOR SMALL BUSINESS OWNERS NATIONWIDE.
2 Check this box MediumBullet
3 Number of voting members of the governing body (Part VI, line 1a)..... 3 15
4 Number of independent voting members of the governing body (Part VI, line 1b) .... 4 14
5 Total number of individuals employed in calendar year 2011 (Part V, line 2a) ... 5 3
6 Total number of volunteers (estimate if necessary) .... 6 25
7a Total unrelated business revenue from Part VIII, column (C), line 12 .. 7a 0
b Net unrelated business taxable income from Form 990-T, line 34 .. 7b  
Revenues; Prior Year Current Year
8 Contributions and grants (Part VIII, line 1h) ......... 2,158,440 3,108,877
9 Program service revenue (Part VIII, line 2g) ......... 0 0
10 Investment income (Part VIII, column (A), lines 3, 4, and 7d ) .... 665 551
11 Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and 11e) 0 0
12 Total revenue—add lines 8 through 11 (must equal Part VIII, column (A), line 12)................... 2,159,105 3,109,428
Expenses; 13 Grants and similar amounts paid (Part IX, column (A), lines 1–3 )... 0 0
14 Benefits paid to or for members (Part IX, column (A), line 4)..... 0 0
15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5–10) 533,426 541,732
16a Professional fundraising fees (Part IX, column (A), line 11e)..... 0 10,280
b Total fundraising expenses (Part IX, column (D), line 25) MediumBullet261,653    
17 Other expenses (Part IX, column (A), lines 11a–11d, 11f–24f).... 1,669,566 2,404,307
18 Total expenses. Add lines 13–17 (must equal Part IX, column (A), line 25) 2,202,992 2,956,319
19 Revenue less expenses. Subtract line 18 from line 12....... -43,887 153,109
Net Assets or Fund Balances; Beginning of Current Year End of Year
20 Total assets (Part X, line 16)............. 409,551 700,084
21 Total liabilities (Part X, line 26)............. 239,212 376,636
22 Net assets or fund balances. Subtract line 21 from line 20..... 170,339 323,448
Part II
Signature Block
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge.
Sign Here
JumboBullet
Signature of officer Date
JumboBullet
Type or print name and title.
Paid preparer use only
Print/type preparer's name
 
Preparer's signature
Date
PTIN
Firm's name Right pointing arrowhead image

Firm's EIN Right pointing arrowhead image
Firm's address Right pointing arrowhead image



Phone no.
May the IRS discuss this return with the preparer shown above? See instructions .........bullet
For Paperwork Reduction Act Notice, see the separate instructions.
Cat. No. 11282Y
Form 990 (2011)
Form 990 (2011)
Page 2
Part III
Statement of Program Service Accomplishments
Check if Schedule O contains a response to any question in this Part III .........
1
Briefly describe the organization’s mission: THE NFIB SMALL BUSINESS LEGAL CENTER IS A NONPROFIT PUBLIC BENEFIT CORPORATION CREATED UNDER THE TENNESSEE NONPROFIT CORPORATION ACT. IT IS ORGANIZED EXCLUSIVELY FOR CHARITABLE, EDUCATIONAL, AND SCIENTIFIC PURPOSES AS PERMITTED BY SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE"), INCLUDING, FOR SUCH PURPOSES, MAKING DISTRIBUTIONS TO ORGANIZATIONS THAT QUALIFY AS EXEMPT ORGANIZATIONS UNDER SECTION 501(C)(3) OF THE CODE. THE LEGAL CENTER IS A SUPPORTING ORGANZIATION PURSUANT TO SECTION 509(A)(3) OF THE CODE AND IS ORGANIZED AND OPERATED FOR THE BENEFIT OF NATIONAL FEDERATION OF INDEPENDENT BUSINESS ("NFIB"), WHICH IS A 501(C)(6) ORGANIZATION. THE LEGAL CENTER IS ORGANIZED TO CARRY ON CHARITABLE ACTIVITIES OF PROVIDING LEGAL EDUCATION AND REPRESENTATION ON ISSUES OF BROAD PUBLIC INTEREST.
2
Did the organization undertake any significant program services during the year which were not listed on
the prior Form 990 or 990-EZ? ....................
If “Yes,” describe these new services on Schedule O.
3
Did the organization cease conducting, or make significant changes in how it conducts, any program services? ..........................
If “Yes,” describe these changes on Schedule O.
4
Describe the organization’s program service accomplishments for each of its three largest program services, as measured by expenses. Section 501(c)(3) and 501(c)(4) organizations and section 4947(a)(1) trusts are required to report the amount of grants and allocations to others, the total expenses, and revenue, if any, for each program service reported.
4a (Code:   ) (Expenses $ 2,660,294 including grants of $ 0 ) (Revenue $ 0 )
SEE SCHEDULE O FOR SUMMARY OF 2011 CASES
4b (Code:   ) (Expenses $   including grants of $   ) (Revenue $   )
4c (Code:   ) (Expenses $   including grants of $   ) (Revenue $   )
4d Other program services (Describe in Schedule O.)
(Expenses $   including grants of $   ) (Revenue $   )
4e Total program service expensesMediumBullet$ 2,660,294
Form 990 (2011)
Form 990 (2011)
Page 3
Part IV
Checklist of Required Schedules
Yes
No
1
Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? If “Yes,” complete Schedule AClick to see attachment.....................
1
Yes
 
2
Is the organization required to complete Schedule B, Schedule of Contributors? Click to see attachment........
2
Yes
 
3
Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office? If “Yes,” complete Schedule C, Part I..........
3
 
No
4
Section 501(c)(3) organizations. Did the organization engage in lobbying activities? If “Yes,” complete Schedule C,
Part II
.........................
4
 
No
5
Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments, or similar amounts as defined in Revenue Procedure 98-19? If “Yes,” complete Schedule C, Part III........................
5
 
 
6
Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? If “Yes,” complete Schedule D, Part IClick to see attachment....................
6
 
No
7
Did the organization receive or hold a conservation easement, including easements to preserve open space,
the environment, historic land areas or historic structures? If “Yes,” complete Schedule D, Part IIClick to see attachment
...
7
 
No
8
Did the organization maintain collections of works of art, historical treasures, or other similar assets? If “Yes,” complete Schedule D, Part III Click to see attachment....................
8
 
No
9
Did the organization report an amount in Part X, line 21; serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation services? If “Yes,”
complete Schedule D, Part IV
Click to see attachment
...................
9
 
No
10
Did the organization, directly or through a related organization, hold assets in temporarily restricted endowments, permanent endowments, or quasi-endowments? If “Yes,” complete Schedule D, Part VClick to see attachment
10
 
No
11
If the organization’s answer to any of the following questions is ‘Yes,’ then complete Schedule D, Parts VI, VII, VIII, IX, or X as applicable:
a
Did the organization report an amount for land, buildings, and equipment in Part X, line10? If “Yes,” complete Schedule D, Part VI.Click to see attachment
11a
 
No
b
Did the organization report an amount for investments—other securities in Part X, line 12 that is 5% or more of its total assets reported in Part X, line 16? If “Yes,” complete Schedule D, Part VII.Click to see attachment
11b
 
No
c
Did the organization report an amount for investments—program related in Part X, line 13 that is 5% or more of its total assets reported in Part X, line 16? If “Yes,” complete Schedule D, Part VIII.Click to see attachment
11c
 
No
d
Did the organization report an amount for other assets in Part X, line 15 that is 5% or more of its total assets reported in Part X, line 16? If “Yes,” complete Schedule D, Part IX.Click to see attachment
11d
Yes
 
e
Did the organization report an amount for other liabilities in Part X, line 25? If “Yes,” complete Schedule D, Part X.Click to see attachment
11e
Yes
 
f
Did the organization’s separate or consolidated financial statements for the tax year include a footnote that addresses the organization’s liability for uncertain tax positions under FIN 48 (ASC 740)? If “Yes,” complete Schedule D, Part X.Click to see attachment
11f
Yes
 
12a
Did the organization obtain separate, independent audited financial statements for the tax year?
If “Yes,” complete Schedule D, Parts XI, XII, and XIII Click to see attachment
12a
Yes
 
b
Was the organization included in consolidated, independent audited financial statements for the tax year? If “Yes,” and if the organization answered ‘No’ to line 12a, then completing Schedule D, Parts XI, XII, and XIII is optional Click to see attachment
12b
Yes
 
13
Is the organization a school described in section 170(b)(1)(A)(ii)? If “Yes,” complete Schedule E
13
 
No
14a
Did the organization maintain an office, employees, or agents outside of the United States?....
14a
 
No
b
Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, investment, and program service activities outside the United States or aggregate foreign investments valued at $100,000 or more? If “Yes,” complete Schedule F, Part I.........
14b
 
No
15
Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or assistance to any organization or entity located outside the U.S.? If “Yes,” complete Schedule F, Part II..
15
 
No
16
Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or assistance to individuals located outside the U.S.? If “Yes,” complete Schedule F, Part III..
16
 
No
17
Did the organization report a total of more than $15,000, of expenses for professional fundraising services on Part IX, column (A), lines 6 and 11e? If “Yes,” complete Schedule G, Part I
17
 
No
18
Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII, lines 1c and 8a? If “Yes,” complete Schedule G, Part II..........
18
 
No
19
Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a? If “Yes,” complete Schedule G, Part III...................
19
 
No
20a
Did the organization operate one or more hospitals? If “Yes,” complete Schedule H.....
20a
 
No
b
If “Yes” to line 20a, did the organization attach a copy of its audited financial statement to this return? Note. All Form 990 filers that operated one or more hospitals must attach audited financial statements.
20b
 
 
Form 990 (2011)
Form 990 (2011)
Page 4
Part IV
Checklist of Required Schedules (continued)
21
Did the organization report more than $5,000 of grants and other assistance to any government or organization in the United States on Part IX, column (A), line 1? If “Yes,” complete Schedule I, Parts I and II..
21
 
No
22
Did the organization report more than $5,000 of grants and other assistance to individuals in the United States on Part IX, column (A), line 2? If “Yes,” complete Schedule I, Parts I and III.....
22
 
No
23
Did the organization answer “Yes” to Part VII, Section A, questions 3, 4, or 5, about compensation of the organization’s current and former officers, directors, trustees, key employees, and highest compensated employees? If “Yes,” complete Schedule J................ Click to see attachment
23
Yes
 
24a
Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 2002? If “Yes,” answer questions 24b–24d and complete Schedule K. If “No,” go to line 25................
24a
 
No
b
Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception?...
24b
 
 
c
Did the organization maintain an escrow account other than a refunding escrow at any time during the year
to defease any tax-exempt bonds?
......................
24c
 
 
d
Did the organization act as an “on behalf of” issuer for bonds outstanding at any time during the year?...
24d
 
 
25a
Section 501(c)(3) and 501(c)(4) organizations. Did the organization engage in an excess benefit transaction with a disqualified person during the year? If “Yes,” complete Schedule L, Part I......
25a
 
No
b
Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported on any of the organization’s prior Forms 990 or 990-EZ? If “Yes,” complete Schedule L, Part I................
25b
 
No
26
Was a loan to or by a current or former officer, director, trustee, key employee, highly compensated employee, or disqualified person outstanding as of the end of the organization’s tax year? If “Yes,” complete Schedule L,
Part II
.........................
26
 
No
27
Did the organization provide a grant or other assistance to an officer, director, trustee, key employee, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity or family member of any of these persons? If “Yes,” complete Schedule L, Part III.........
27
 
No
28
Was the organization a party to a business transaction with one of the following parties? (see Schedule L, Part IV instructions for applicable filing thresholds, conditions, and exceptions):
a
A current or former officer, director, trustee, or key employee? If “Yes,” complete Schedule L, Part IV .........................
28a
 
No
b
A family member of a current or former officer, director, trustee, or key employee? If “Yes,”
complete Schedule L, Part IV
...................
28b
 
No
c
An entity of which a current or former officer, director, trustee, or key employee (or a family member thereof) was an officer, director, trustee, or owner? If “Yes,” complete Schedule L, Part IV..
28c
 
No
29
Did the organization receive more than $25,000 in non-cash contributions? If “Yes,” complete Schedule M
29
 
No
30
Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? If “Yes,” complete Schedule M............
30
 
No
31
Did the organization liquidate, terminate, or dissolve and cease operations? If “Yes,” complete Schedule N,
Part I
...........................
31
 
No
32
Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? If “Yes,” complete Schedule N, Part II.......................
32
 
No
33
Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3? If “Yes,” complete Schedule R, Part I........ Click to see attachment
33
 
No
34
Was the organization related to any tax-exempt or taxable entity? If “Yes,” complete Schedule R, Parts II, III, IV, and V, line 1..................... Click to see attachment
34
Yes
 
35a
Did the organization have a controlled entity within the meaning of section 512(b)(13)?
35a
Yes
 
b
If ‘Yes’ to line 35a, did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)? If “Yes,” complete Schedule R, Part V, line 2... Click to see attachment
35b
Yes
 
36
Section 501(c)(3) organizations. Did the organization make any transfers to an exempt non-charitable related organization? If “Yes,” complete Schedule R, Part V, line 2........... Click to see attachment
36
Yes
 
37
Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes? If “Yes,” complete Schedule R, Part VIClick to see attachment
37
 
No
38
Did the organization complete Schedule O and provide explanations in Schedule O for Part VI, lines 11 and 19? Note. All Form 990 filers are required to complete Schedule O. ............
38
Yes
 
Form 990 (2011)
Form 990 (2011)
Page 5
Part V
Statements Regarding Other IRS Filings and Tax Compliance
Check if Schedule O contains a response to any question in this Part V .........
Yes
No
1a
Enter the number reported in Box 3 of Form 1096. Enter -0- if not applicable. .......
1a
17
b
Enter the number of Forms W-2G included in line 1a. Enter -0- if not applicable.
1b
0
c
Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming (gambling) winnings to prize winners? ..................
1c
Yes
 
2a
Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax Statements filed for the calendar year ending with or within the year covered by this return .....................
2a
3
b
If at least one is reported on line 2a, did the organization file all required federal employment tax returns?

Note. If the sum of lines 1a and 2a is greater than 250, you may be required to e-file. (see instructions)
2b
Yes
 
3a
Did the organization have unrelated business gross income of $1,000 or more during the year?.............................
3a
 
No
b
If “Yes,” has it filed a Form 990-T for this year? If “No,” provide an explanation in Schedule O.....
3b
 
 
4a
At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a financial account in a foreign country (such as a bank account or securities account)?.......................
4a
 
No
b
If "Yes," enter the name of the foreign country: MediumBullet
See instructions for filing requirements for Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts.
5a
Was the organization a party to a prohibited tax shelter transaction at any time during the tax year?..
5a
 
No
b
Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction?
5b
 
No
c
If “Yes” to line 5a or 5b, did the organization file Form 8886-T? ........
5c
 
 
6a
Does the organization have annual gross receipts that are normally greater than $100,000, and did the organization solicit any contributions that were not tax deductible?..........
6a
 
No
b
If “Yes,” did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible?........................
6b
 
 
7
Organizations that may receive deductible contributions under section 170(c).
a
Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payor?....................
7a
 
No
b
If “Yes,” did the organization notify the donor of the value of the goods or services provided?.....
7b
 
 
c
Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 8282?...........................
7c
 
No
d
If “Yes,” indicate the number of Forms 8282 filed during the year ....
7d
 
e
Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract?..........................
7e
 
No
f
Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract?..
7f
 
No
g
If the organization received a contribution of qualified intellectual property, did the organization file Form 8899 as required?...................
7g
 
 
h
If the organization received a contribution of cars, boats, airplanes, or other vehicles, did the organization file a Form 1098-C?...............
7h
 
 
8
Sponsoring organizations maintaining donor advised funds and section 509(a)(3) supporting organizations. Did the supporting organization, or a donor advised fund maintained by a sponsoring organization, have excess business holdings at any time during the year?................
8
 
 
9
Sponsoring organizations maintaining donor advised funds.
a
Did the organization make any taxable distributions under section 4966?.........
9a
 
 
b
Did the organization make a distribution to a donor, donor advisor, or related person?......
9b
 
 
10
Section 501(c)(7) organizations. Enter:
a
Initiation fees and capital contributions included on Part VIII, line 12 ...
10a
 
b
Gross receipts, included on Form 990, Part VIII, line 12, for public use of club facilities
10b
 
11
Section 501(c)(12) organizations. Enter:
a
Gross income from members or shareholders .........
11a
 
b
Gross income from other sources (Do not net amounts due or paid to other sources against amounts due or received from them) ........
11b
 
12a
Section 4947(a)(1) non-exempt charitable trusts. Is the organization filing Form 990 in lieu of Form 1041?
12a
 
 
b
If “Yes,” enter the amount of tax-exempt interest received or accrued during the year.
12b
 
13
Section 501(c)(29) qualified nonprofit health insurance issuers.
a
Is the organization licensed to issue qualified health plans in more than one state?
Note.
All 501(c)(29) organizations must list in Schedule O each state in which they are licensed to issue qualified health plans, the amount of reserves required by each state, and the amount of reserves the organization allocated to each state.
13a
 
 
b
Enter the aggregate amount of reserves the organization is required to maintain by the states in which the organization is licensed to issue qualified health plans.
13b
 
c
Enter the aggregate amount of reserves on hand.
13c
 
14a
Did the organization receive any payments for indoor tanning services during the tax year?.....
14a
 
 
b
If "Yes," has it filed a Form 720 to report these payments? If “No,” provide an explanation in Schedule O..
14b
 
 
Form 990 (2011)
Form 990 (2011)
Page 6
Part VI
Governance, Management, and Disclosure For each “Yes” response to lines 2 through 7b below, and for a “No” response to lines 8a, 8b, or 10b below, describe the circumstances, processes, or changes in Schedule O. See instructions.
Check if Schedule O contains a response to any question in this Part VI .........
Section A. Governing Body and Management
Yes
No
1a
Enter the number of voting members of the governing body at the end of the tax year
If the governing body delegated broad authority to an executive committee or similar committee, explain in Schedule O.
1a
15
b
Enter the number of voting members included in line 1a, above, who are independent .................
1b
14
2
Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee? .................
2
 
No
3
Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers, directors or trustees, or key employees to a management company or other person? .
3
 
No
4
Did the organization make any significant changes to its governing documents since the prior Form 990 was filed?
4
 
No
5
Did the organization become aware during the year of a significant diversion of the organization’s assets? .
5
 
No
6
Did the organization have members or stockholders? ................
6
 
No
7a
Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? .................
7a
 
No
b
Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or persons other than the governing body? ............
7b
 
No
8
Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following:
a
The governing body? .........................
8a
Yes
 
b
Each committee with authority to act on behalf of the governing body? ..........
8b
Yes
 
9
Is there any officer, director, trustee, or key employee listed in Part VII, Section A, who cannot be reached at the organization’s mailing address? If “Yes,” provide the names and addresses in Schedule O .....
9
 
No
Section B. Policies (This Section B requests information about policies not required by the Internal
Revenue Code.)
Yes
No
10a
Did the organization have local chapters, branches, or affiliates? ............
10a
 
No
b
If “Yes,” did the organization have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes? ....
10b
 
 
11a
Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form?
11a
 
No
b
Describe in Schedule O the process, if any, used by the organization to review the Form 990. .....
12a
Did the organization have a written conflict of interest policy? If “No,” go to line 13.......
12a
Yes
 
b
Were officers, directors or trustees, and key employees required to disclose annually interests that could give rise to conflicts? ........................
12b
Yes
 
c
Did the organization regularly and consistently monitor and enforce compliance with the policy? If “Yes,” describe in Schedule O how this was done ....................
12c
Yes
 
13
Did the organization have a written whistleblower policy? ...............
13
Yes
 
14
Did the organization have a written document retention and destruction policy? .........
14
Yes
 
15
Did the process for determining compensation of the following persons include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision?
a
The organization’s CEO, Executive Director, or top management official ...........
15a
Yes
 
b
Other officers or key employees of the organization ................
15b
Yes
 
If "Yes," to line 15a or 15b, describe the process in Schedule O (see instructions).
16a
Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity during the year? ......................
16a
 
No
b
If “Yes,” did the organization follow a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization’s exempt status with respect to such arrangements? ............
16b
 
 
Section C. Disclosure
17
List the States with which a copy of this Form 990 is required to be filedMediumBullet
AL , AK , AZ , AR , CA , CO , CT , DC , FL , GA , HI , IL , KS , KY , ME , MD , MA , MI , MN , MS , NH , NJ , NM , NY , NC , ND , OH , OK , OR , PA , RI , SC , TN , UT , VA , WA , WV , WI
18
Section 6104 requires an organization to make its Form 1023 (or 1024 if applicable), 990, and 990-T (501(c)(3)s only) available for public inspection. Indicate how you made these available. Check all that apply.
19
Describe in Schedule O whether (and if so, how), the organization made its governing documents, conflict of interest policy, and financial statements available to the public during the tax year.
20
State the name, physical address, and telephone number of the person who possesses the books and records of the organization: MediumBullet
JEFF SMITH
53 CENTURY BLVD SUITE 250
NASHVILLE,TN372143682
(615) 872-5800
Form 990 (2011)
Form 990 (2011)
Page 7
Part VII
Compensation of Officers, Directors,Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors
Check if Schedule O contains a response to any question in this Part VII .........
Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees
1a Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization’s tax year.
RoundBullet List all of the organization’s current officers, directors, trustees (whether individuals or organizations), regardless of amount
of compensation, and current key employees. Enter -0- in columns (D), (E), and (F) if no compensation was paid.

RoundBullet List all of the organization’s current key employees, if any. See instructions for definition of "key employee."
RoundBullet List the organization’s five current highest compensated employees (other than an officer, director, trustee or key employee)
who received reportable compensation (Box 5 of Form W-2 and/or Box 7 of Form 1099-MISC) of more than $100,000 from the
organization and any related organizations.

RoundBullet List all of the organization’s former officers, key employees, or highest compensated employees who received more than $100,000
of reportable compensation from the organization and any related organizations.

RoundBullet List all of the organization’s former directors or trustees that received, in the capacity as a former director or trustee of the
organization, more than $10,000 of reportable compensation from the organization and any related organizations.

List persons in the following order: individual trustees or directors; institutional trustees; officers; key employees; highest
compensated employees; and former such persons.
Check this box if neither the organization nor any related organizations compensated any current or former officer, director, or trustee.
(A)
Name and Title
(B)
Average hours per week (describe hours for related organizations in Schedule O)
(C)
Position (do not check more than one box, unless person is both an officer and a director/trustee)
(D)
Reportable compensation from the organization (W- 2/1099-MISC)
(E)
Reportable compensation from related organizations (W- 2/1099-MISC)
(F)
Estimated amount of other compensation from the organization and related organizations
Individual Trustee or Director; Institutional Trustee; Officer; Key Employee; Highest compensated employee; Former;
(1) BRADLEY EIFFERT
DIRECTOR
1.0 X           0 17,200 203
(2) SUNDER RAMANI
DIRECTOR
1.0 X           0 22,000 203
(3) TIMOTHY CLAYTON
CHAIRMAN
1.0 X           0 34,158 203
(4) RUTH LOPEZ NOVODOR
DIRECTOR
1.0 X           0 17,300 203
(5) A JUNE LENNON
DIRECTOR
1.0 X           0 22,000 135
(6) THOMAS MICHAEL NOBIS
DIRECTOR
1.0 X           0 17,200 203
(7) MARIA COAKLEY DAVID
DIRECTOR
1.0 X           0 22,377 203
(8) DAVID M GUERNSEY
DIRECTOR
1.0 X           0 22,000 203
(9) NEVIN GROCE
DIRECTOR
1.0 X           0 17,200 203
(10) BETTY NEIGHBORS
DIRECTOR
1.0 X           0 17,200 203
(11) KURT SUMMERS
DIRECTOR
1.0 X           0 24,877 203
(12) JAMES HERR
DIRECTOR
1.0 X           0 17,200 203
(13) BRUCE O'DONOGHUE
DIRECTOR
1.0 X           0 16,200 203
(14) STEVE SCHRAMM
DIRECTOR
1.0 X           0 17,400 203
(15) DONALD A DANNER
PRESIDENT/CEO
1.0 X   X       0 701,332 42,344
(16) MARY BLASINSKY
SVP/SECRETARY
1.0     X       0 272,700 38,150
(17) TAMMY S BOEHMS
SVP/CFO
1.0     X       0 346,185 25,484
Form 990 (2011)
Form 990 (2011)
Page 8
Part VII
Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees (continued)
(A)
Name and Title
(B)
Average hours per week (describe hours for related organizations in Schedule O)
(C)
Position (do not check more than one box, unless person is both an officer and a director/trustee)
(D)
Reportable compensation from the organization (W- 2/1099-MISC)
(E)
Reportable compensation from related organizations (W- 2/1099-MISC)
(F)
Estimated amount of other compensation from the organization and related organizations
Individual Trustee or Director; Institutional Trustee; Officer; Key Employee; Highest compensated employee; Former;
(18) JEFF SMITH
TREASURER
1.0     X       0 160,757 17,014
(19) KAREN R HARNED
EXECUTIVE DIRECTOR
40.0       X     197,480 0 16,000
(20) SUSAN M ECKERLY
SVP
5.0       X     0 289,766 26,838
(21) BETH MILITO
SENIOR EXECUTIVE COUNSEL
40.0         X   150,415 0 5,923


















1b Sub-Total................MediumBullet
c Total from continuation sheets to Part VII, Section A....MediumBullet
d Total (add lines 1b and 1c)............MediumBullet 347,895 2,055,052 174,527
2
Total number of individuals (including but not limited to those listed above) who received more than $100,000 of reportable compensation from the organizationMediumBullet2
Yes
No
3
Did the organization list any former officer, director or trustee, key employee, or highest compensated employee on line 1a? If “Yes,” complete Schedule J for such individual .............
3
 
No
4
For any individual listed on line 1a, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? If “Yes,” complete Schedule J for such individual...........................
4
Yes
 
5
Did any person listed on line 1a receive or accrue compensation from any unrelated organization or individual for services rendered to the organization? If “Yes,” complete Schedule J for such person .....
5
 
No
Section B. Independent Contractors
1
Complete this table for your five highest compensated independent contractors that received more than $100,000 of compensation from the organization. Report compensation for the calendar year ending with or within the organization’s tax year.
(A)
Name and business address
(B)
Description of services
(C)
Compensation
JONES DAY
51 LOUISIANA AVE NW
WASHINGTON,DC20001
LEGAL SERVICES 1,240,730
RANDY E BARNETT
1745 SWANN STREET NW
WASHINGTON,DC20009
LEGAL SERVICES 401,756
CREATIVE RESPONSE CONCEPTS
2760 EISENHOWER AVE 4TH FLOOR
ALEXANDRIA,VA22314
PUBLIC RELATIONS 203,701
2
Total number of independent contractors (including but not limited to those listed above) who received more than $100,000 of compensation from the organization MediumBullet3
Form 990 (2011)
Form 990 (2011)
Page 9
Part VIII
Statement of Revenue
(A)
Total revenue
(B)
Related or
exempt
function
revenue
(C)
Unrelated
business
revenue
(D)
Revenue
excluded from
tax under sections
512, 513, or 514
Contributions, Gifts, Grants and Other Similar Amounts 1a Federated campaigns..1a  
b Membership dues....1b  
c Fundraising events....1c  
d Related organizations...1d 397,039
e Government grants (contributions)1e  
f All other contributions, gifts, grants, and
similar amounts not included above
1f
2,711,838
g Noncash contributions included in lines 1a-1f:$  
h Total. Add lines 1a-1f.......MediumBullet 3,108,877
 Program Service Revenue Business Code
2a
b
c
d
e
f All other program service revenue .        
g Total. Add lines 2a–2f........MediumBullet 0
 Other Revenue 3 Investment income (including dividends, interest
and other similar amounts).....MediumBullet 551 0 0 551
4 Income from investment of tax-exempt bond proceeds..MediumBullet 0      
5 Royalties............MediumBullet 0      
(i) Real (ii) Personal
6a Gross rents    
b Less: rental expenses    
c Rental income or (loss)    
d Net rental income or (loss).......MediumBullet        
(i) Securities (ii) Other
7a Gross amount from sales of assets other than inventory    
b Less: cost or other basis and sales expenses    
c Gain or (loss)    
d Net gain or (loss)..........MediumBullet 0      
8a Gross income from fundraising events (not including
$  
of contributions reported on line 1c). See Part IV, line 18 ...
a  
b Less: direct expenses ...b  
c Net income or (loss) from fundraising events..MediumBullet 0    
9a Gross income from gaming activities.
See Part IV, line 19 ...
a  
b Less: direct expenses ...b  
c Net income or (loss) from gaming activities...MediumBullet 0      
10a Gross sales of inventory, less
returns and allowances .
a  
b Less: cost of goods sold ..b  
c Net income or (loss) from sales of inventory..MediumBullet 0      
Miscellaneous Revenue Business Code
11a            
b            
c            
d All other revenue ....        
e Total. Add lines 11a–11d ......MediumBullet 0
12 Total revenue. See Instructions....MediumBullet 3,109,428 0 0 551
Form 990 (2011)
Form 990 (2011)
Page 10
Part IX
Statement of Functional Expenses
Section 501(c)(3) and 501(c)(4) organizations must complete all columns. All other organizations must complete column (A) but are not required to complete columns (B), (C), and (D).
Check if Schedule O contains a response to any question in this Part IX. .........
Do not include amounts reported on lines 6b,
7b, 8b, 9b, and 10b of Part VIII.
(A)
Total expenses
(B)
Program service expenses
(C)
Management and general expenses
(D)
Fundraising expenses
1 Grants and other assistance to governments and organizations in the United States. See Part IV, line 21 0  
2 Grants and other assistance to individuals in the United States. See Part IV, line 22 0  
3 Grants and other assistance to governments, organizations, and individuals outside the United States. See Part IV, lines 15 and 16 0  
4 Benefits paid to or for members 0  
5 Compensation of current officers, directors, trustees, and key employees .... 213,480 213,480    
6 Compensation not included above, to disqualified persons (as defined under section 4958(f)(1)) and persons described in section 4958(c)(3)(B) .... 0      
7 Other salaries and wages 247,514 247,514    
8 Pension plan accruals and contributions (include section 401(k) and 403(b) employer contributions) .... 0      
9 Other employee benefits ....... 54,006 54,006    
10 Payroll taxes ........... 26,732 26,732    
11 Fees for services (non-employees):        
a Management ...... 0      
b Legal ......... 1,925,525 1,917,373   8,152
c Accounting ........... 11,850   11,850  
d Lobbying ........... 0      
e Professional fundraising. See Part IV, line 17.. 10,280 10,280
f Investment management fees ...... 0      
g Other .......... 248,850 149,766   99,084
12 Advertising and promotion .... 2,647 2,555 92  
13 Office expenses ....... 187,457 31,583 12,101 143,773
14 Information technology ...... 0      
15 Royalties .. 0      
16 Occupancy ........... 0      
17 Travel ............ 24,448 16,075 8,009 364
18 Payments of travel or entertainment expenses for any federal, state, or local public officials ...... 0      
19 Conferences, conventions, and meetings .... 3,530 1,210 2,320  
20 Interest ........... 0      
21 Payments to affiliates ....... 0      
22 Depreciation, depletion, and amortization ..... 0      
23 Insurance .............. 0      
24 Other expenses. Itemize expenses not covered above (List miscellaneous expenses in line 24f. If line 24f amount exceeds 10% of line 25, column (A) amount, list line 24f expenses on Schedule O.)
a
b
c
d
e
f All other expenses        
25 Total functional expenses. Add lines 1 through 24f 2,956,319 2,660,294 34,372 261,653
26 Joint costs. Complete this line only if the organization reported in column (B) joint costs from a combined educational campaign and fundraising solicitation. Check here MediumBullet if following SOP 98-2 (ASC 958-720).        
Form 990 (2011)
Form 990 (2011)
Page 11
Part X Balance Sheet
(A)
Beginning of year
(B)
End of year
Assets 1 Cash—non-interest-bearing .......... 0 1 0
2 Savings and temporary cash investments ....... 204,041 2 572,932
3 Pledges and grants receivable, net ......... 0 3 8,798
4 Accounts receivable, net ......... 157,257 4 541
5 Receivables from current and former officers, directors, trustees, key employees, and highest compensated employees. Complete Part II of
Schedule L .......... 0 5 0
6 Receivables from other disqualified persons (as defined under section 4958(f)(1)) and persons described in section 4958(c)(3)(B). Complete Part II of
Schedule L .......... 0 6 0
7 Notes and loans receivable, net ............. 0 7 0
8 Inventories for sale or use .............. 0 8 0
9 Prepaid expenses and deferred charges ............ 0 9 0
10a Land, buildings, and equipment: cost or other basis. Complete Part VI of Schedule D 10a  
b Less: accumulated depreciation. ..... 10b   0 10c  
11 Investments—publicly traded securities .......... 0 11 0
12 Investments—other securities. See Part IV, line 11 ...... 0 12 0
13 Investments—program-related. See Part IV, line 11 .. 0 13 0
14 Intangible assets ......... 0 14 0
15 Other assets. See Part IV, line 11 ........... 48,253 15 117,813
16 Total assets. Add lines 1 through 15 (must equal line 34)... 409,551 16 700,084
Liabilities 17 Accounts payable and accrued expenses . 199,051 17 341,119
18 Grants payable .......... 0 18 0
19 Deferred revenue .......... 0 19 0
20 Tax-exempt bond liabilities .......... 0 20 0
21 Escrow or custodial account liability. Complete Part IV of Schedule D.. 0 21 0
22 Payables to current and former officers, directors, trustees, key
employees, highest compensated employees, and disqualified
persons. Complete Part II of Schedule L.......... 0 22 0
23 Secured mortgages and notes payable to unrelated third parties .. 0 23 0
24 Unsecured notes and loans payable to unrelated third parties .... 0 24 0
25 Other liabilities (including federal income tax, payables to related third parties, and other liabilities not included on lines 17-24). Complete Part X of Schedule D..... 40,161 25 35,517
26 Total liabilities. Add lines 17 through 25..... 239,212 26 376,636
Net Assets or Fund Balance Organizations that follow SFAS 117, check here MediumBullet and complete lines 27 through 29, and lines 33 and 34.
27 Unrestricted net assets ..... 155,339 27 323,448
28 Temporarily restricted net assets ..... 15,000 28 0
29 Permanently restricted net assets ..... 0 29 0
Organizations that do not follow SFAS 117, check here MediumBullet and complete lines 30 through 34.
30 Capital stock or trust principal, or current funds .....   30  
31 Paid-in or capital surplus, or land, building or equipment fund .....   31  
32 Retained earnings, endowment, accumulated income, or other funds   32  
33 Total net assets or fund balances ..... 170,339 33 323,448
34 Total liabilities and net assets/fund balances ..... 409,551 34 700,084
Form 990 (2011)
Form 990 (2011)
Page 12
Part XI
Reconcilliation of Net Assets
Check if Schedule O contains a response to any question in this Part XI .........
1
Total revenue (must equal Part VIII, column (A), line 12) ...
1
3,109,428
2
Total expenses (must equal Part IX, column (A), line 25) ....
2
2,956,319
3
Revenue less expenses. Subtract line 2 from line 1 ...
3
153,109
4
Net assets or fund balances at beginning of year (must equal Part X, line 33, column (A)) ..
4
170,339
5
Other changes in net assets or fund balances (explain in Schedule O) ...
5
 
6
Net assets or fund balances at end of year. Combine lines 3, 4, and 5 (must equal Part X, line 33, column (B)) ....
6
323,448
Part XII
Financial Statements and Reporting
Check if Schedule O contains a response to any question in this Part XII .........
Yes
No
1
Accounting method used to prepare the Form 990:  
If the organization changed its method of accounting from a prior year or checked "Other," explain in
Schedule O.
2a
Were the organization’s financial statements compiled or reviewed by an independent accountant?....
2a
 
No
b
Were the organization’s financial statements audited by an independent accountant?........
2b
Yes
 
c
If “Yes,” to 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant? If the organization changed either its oversight process or selection process during the tax year, explain in Schedule O. ...........................
2c
 
No
d
If “Yes” to line 2a or 2b, check a box below to indicate whether the financial statements for the year were issued on a separate basis, consolidated basis, or both:
3a
As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A-133? ................
3a
 
No
b
If “Yes,” did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits, explain why in Schedule O and describe any steps taken to undergo such audits. ..
3b
 
 
Form 990 (2011)
Additional Data


Software ID:  
Software Version:  
Form 990, Special Condition Description:
Special Condition Description
SCHEDULE A
(Form 990 or 990EZ)

Department of the Treasury
Internal Revenue Service
Public Charity Status and Public Support

Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
right arrow Attach to Form 990 or Form 990-EZ. right arrow See separate instructions.
OMB No. 1545-0047
2011
Open to Public
Inspection
Name of the organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Part I
Reason for Public Charity Status (All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
f
g
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization? ................
11g(i)
 
No
(ii) a family member of a person described in (i) above? ......................
11g(ii)
 
No
(iii) a 35% controlled entity of a person described in (i) or (ii) above? ................
11g(iii)
 
No
h
(i)
Name of supported organization
(ii)
EIN
(iii)
Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv)
Is the organization in col. (i) listed in your governing document?
(v)
Did you notify the organization in col. (i) of your support?
(vi)
Is the organization in col. (i) organized in the U.S.?
(vii)
Amount of support?
Yes No Yes No Yes No
(1) NFIB INC
 
940707299 0 Yes           0
Total                  

For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi)
(Complete only if you checked the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III. If the organization fails to qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in) (a) 2007 (b) 2008 (c) 2009 (d) 2010 (e) 2011 (f) Total
1 Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....            
2 Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......            
3 The value of services or facilities furnished by a governmental unit to the organization without charge..            
4 Total. Add lines 1 through 3..            
5 The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f)..            
6 Public Support. Subtract line 5 from line 4.            
Section B. Total Support
Calendar year(or fiscal year beginning in) (a) 2007 (b) 2008 (c) 2009 (d) 2010 (e) 2011 (f) Total
7 Amounts from line 4..            
8 Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..            
9 Net income from unrelated business activities, whether or not the business is regularly carried on..            
10 Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..            
11 Total support (Add lines 7 through 10).            
12
12
 
13
Section C. Computation of Public Support Percentage
14
14
 
15
15
 
16a
b
17a
b
18
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2)
(Complete only if you checked the box on line 9 of Part I or if the organization failed to qualify under Part II. If the organization fails to qualify under the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in) (a) 2007 (b) 2008 (c) 2009 (d) 2010 (e) 2011 (f) Total
1 Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .            
2 Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......            
3 Gross receipts from activities that are not an unrelated trade or business under section 513..            
4 Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...            
5 The value of services or facilities furnished by a governmental unit to the organization without charge..            
6 Total. Add lines 1 through 5.            
7a Amounts included on lines 1, 2, and 3 received from disqualified persons...            
b Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.            
c Add lines 7a and 7b..            
8 Public Support (Subtract line 7c from line 6.)            
Section B. Total Support
Calendar year (or fiscal year beginning in) (a) 2007 (b) 2008 (c) 2009 (d) 2010 (e) 2011 (f) Total
9 Amounts from line 6...            
10a Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..            
b Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.            
c Add lines 10a and 10b.            
11 Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.            
12 Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)            
13 Total support (Add lines 9, 10c, 11 and 12.).            
14
Section C. Computation of Public Support Percentage
15
15
 
16
16
 
Section D. Computation of Investment Income Percentage
17
17
 
18
18
 
19a
b
20
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 4
Part IV
Supplemental Information. Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
 
Explanation
 
 
 
 
Schedule A (Form 990 or 990-EZ) 2011

Additional Data


Software ID:  
Software Version:  
Schedule B
(Form 990, 990-EZ,
or 990-PF)
Department of the Treasury
Internal Revenue Service
Schedule of Contributors
Arrow Bullet Attach to Form 990, 990-EZ, or 990-PF.
OMB No. 1545-0047
2011
Name of organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Organization type (check one):
Filers of:
Section:
Form 990 or 990-EZ





Form 990-PF




Check if your organization is covered by the General Rule or a Special Rule.  
Note. Only a section 501(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule. See instructions.
General Rule
Special Rules
......................... Arrow Bullet   $    
Caution. An Organization that is not covered by the General Rule and/or the Special Rules does not file Schedule B (Form 990,
990-EZ, or 990-PF), but it must answer “No” on Part IV, line 2, of its Form 990; or check the box on line H of its
Form 990-EZ or on Part I, line 2, of its Form 990-PF, to certify that it does not meet the filing requirements of Schedule B (Form 990,
990-EZ, or 990-PF).
For Paperwork Reduction Act Notice, see the Instructions
for Form 990, 990-EZ, or 990-PF.
Cat. No. 30613XSchedule B (Form 990, 990-EZ, or 990-PF) (2011)

Page 2
Schedule B (Form 990, 990-EZ, or 990-PF) (2011)
Name of organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Part I
Contributors (see Instructions). Use duplicate copies of Part I if additional space is needed.
     
(a)
No.
(b)
Name, address, and ZIP + 4
(c)
Total contributions
(d)
Type of contribution
RESTRICTED
RESTRICTED
 

     
RESTRICTED
RESTRICTED  
RESTRICTED, RESTRICTED   RESTRICTED

$RESTRICTED




(Complete Part II if there is a noncash contribution.)
(a)
No.
(b)
Name, address, and ZIP + 4
(c)
Total contributions
(d)
Type of contribution
 
 
 

     
 
   

$  




(Complete Part II if there is a noncash contribution.)
(a)
No.
(b)
Name, address, and ZIP + 4
(c)
Total contributions
(d)
Type of contribution
 
 
 

     
 
   

$  




(Complete Part II if there is a noncash contribution.)
(a)
No.
(b)
Name, address, and ZIP + 4
(c)
Total contributions
(d)
Type of contribution
 
 
 

     
 
   

$  




(Complete Part II if there is a noncash contribution.)
(a)
No.
(b)
Name, address, and ZIP + 4
(c)
Total contributions
(d)
Type of contribution
 
 
 

     
 
   

$  




(Complete Part II if there is a noncash contribution.)
(a)
No.
(b)
Name, address, and ZIP + 4
(c)
Total contributions
(d)
Type of contribution
 
 
 

     
 
   

$  




(Complete Part II if there is a noncash contribution.)
Schedule B (Form 990, 990-EZ, or 990-PF) (2011)

Page 3
Schedule B (Form 990, 990-EZ, or 990-PF) (2011)
Name of organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Part II
Noncash Property (see Instructions). Use duplicate copies of Part II if additional space is needed.
     
(a) No.
from
Part I
(b)
Description of noncash property given
(c)
FMV (or estimate)
(see instructions).
(d)
Date received
 
$    
(a) No.
from
Part I
(b)
Description of noncash property given
(c)
FMV (or estimate)
(see instructions).
(d)
Date received
 
$    
(a) No.
from
Part I
(b)
Description of noncash property given
(c)
FMV (or estimate)
(see instructions).
(d)
Date received
 
$    
(a) No.
from
Part I
(b)
Description of noncash property given
(c)
FMV (or estimate)
(see instructions).
(d)
Date received
 
$    
(a) No.
from
Part I
(b)
Description of noncash property given
(c)
FMV (or estimate)
(see instructions).
(d)
Date received
 
$    
(a) No.
from
Part I
(b)
Description of noncash property given
(c)
FMV (or estimate)
(see instructions).
(d)
Date received
 
$    
Schedule B (Form 990, 990-EZ, or 990-PF) (2011)

Page 4
Schedule B (Form 990, 990-EZ, or 990-PF) (2011)
Name of organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Part III
Exclusively religious, charitable, etc., individual contributions to section 501(c)(7), (8), or (10) organizations
that total more than $1,000 for the year. Complete columns (a) through (e) and the following line entry.
For organizations completing Part III, enter the total of exclusively religious, charitable, etc.,
contributions of $1,000 or less for the year. (Enter this information once. See instructions.) Arrow Bullet $  

Use duplicate copies of Part III if additional space is needed
(a) No.
from
Part I
(b)
Purpose of gift
(c)
Use of gift
(d)
Description of how gift is held
 
(e)
Transfer of gift
Transferee's name, address, and ZIP 4 Relationship of transferor to transferee
 
 
       
 
(a) No.
from
Part I
(b)
Purpose of gift
(c)
Use of gift
(d)
Description of how gift is held
 
(e)
Transfer of gift
Transferee's name, address, and ZIP 4 Relationship of transferor to transferee
 
 
       
 
(a) No.
from
Part I
(b)
Purpose of gift
(c)
Use of gift
(d)
Description of how gift is held
 
(e)
Transfer of gift
Transferee's name, address, and ZIP 4 Relationship of transferor to transferee
 
 
       
 
(a) No.
from
Part I
(b)
Purpose of gift
(c)
Use of gift
(d)
Description of how gift is held
 
(e)
Transfer of gift
Transferee's name, address, and ZIP 4 Relationship of transferor to transferee
 
 
       
 
Schedule B (Form 990, 990-EZ, or 990-PF) (2011)

Additional Data


Software ID:  
Software Version:  
SCHEDULE D
(Form 990)
Department of the Treasury
Internal Revenue Service
Supplemental Financial Statements
SchDMd Bullet Complete if the organization answered "Yes," to Form 990,
Part IV, line 6, 7, 8, 9, 10, 11a, 11b, 11c, 11d, 11e, 11f, 12a, or 12b
SchDMd Bullet Attach to Form 990. SchDMd Bullet See separate instructions.
OMB No. 1545-0047
2011
Open to Public Inspection
Name of the organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Part I
Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts. Complete if the organization answered "Yes" to Form 990, Part IV, line 6.
(a) Donor advised funds (b) Funds and other accounts
1 Total number at end of year .......    
2 Aggregate contributions to (during year) ...    
3 Aggregate grants from (during year) ...    
4 Aggregate value at end of year .......    
5
Did the organization inform all donors and donor advisors in writing that the assets held in donor advised
funds are the organization's property, subject to the organization's exclusive legal control? ............
6
Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be
used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring impermissible private benefit? ...................................
Part II
Conservation Easements. Complete if the organization answered "Yes" to Form 990, Part IV, line 7.
1
Purpose(s) of conservation easements held by the organization (check all that apply).
2
Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year.
Held at the End of the Year
a Total number of conservation easements ....................... 2a  
b Total acreage restricted by conservation easements .................. 2b  
c Number of conservation easements on a certified historic structure included in (a) ..... 2c  
d Number of conservation easements included in (c) acquired after 8/17/06, and not on a historic structure listed in the National Register .................... 2d  
3
Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during
the tax year SchDMd Bullet  
4
Number of states where property subject to conservation easement is located SchDMd Bullet  
5
Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations, and
enforcement of the conservation easements it holds? .............................
6
Staff and volunteer hours devoted to monitoring, inspecting and enforcing conservation easements during the year SchDMd Bullet  
7
Amount of expenses incurred in monitoring, inspecting, and enforcing conservation easements during the year
SchDMd Bullet $  
8
Does each conservation easement reported on line 2(d) above satisfy the requirements of section
170(h)(4)(B)(i) and 170(h)(4)(B)(ii)? ....................................
9
In Part XIV, describe how the organization reports conservation easements in its revenue and expense statement, and
balance sheet, and include, if applicable, the text of the footnote to the organization’s financial statements that describes
the organization’s accounting for conservation easements.
Part III
Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets.
Complete if the organization answered "Yes" to Form 990, Part IV, line 8.
1a
If the organization elected, as permitted under SFAS 116 (ASC 958), not to report in its revenue statement and balance sheet works of
art, historical treasures, or other similar assets held for public exhibition, education or research in furtherance of public service,
provide, in Part XIV, the text of the footnote to its financial statements that describes these items.
b
If the organization elected, as permitted under SFAS 116 (ASC 958), to report in its revenue statement and balance sheet works of art,
historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service,
provide the following amounts relating to these items:
(i)
Revenues included in Form 990, Part VIII, line 1 ........................SchDMd Bullet $  
(ii)
Assets included in Form 990, Part X ..............................SchDMd Bullet $  
2
If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the
following amounts required to be reported under SFAS 116 (ASC 958), relating to these items:
a
Revenues included in Form 990, Part VIII, line 1 ..........................SchDMd Bullet $  
b
Assets included in Form 990, Part X ...............................SchDMd Bullet $  
For Privacy Act and Paperwork Reduction Act Notice, see the Intructions for Form 990
Cat. No. 52283D
Schedule D (Form 990) 2011

Schedule D (Form 990) 2011
Page 2
Part III
Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets (continued)
3
Using the organization’s accession and other records, check any of the following that are a significant use of its collection
items (check all that apply):
a
d
b
e
 
c
4
Provide a description of the organization’s collections and explain how they further the organization’s exempt purpose in
Part XIV.
5
During the year, did the organization solicit or receive donations of art, historical treasures or other similar
assets to be sold to raise funds rather than to be maintained as part of the organization’s collection?........
Part IV
Escrow and Custodial Arrangements. Complete if the organization answered "Yes" to Form 990,
Part IV, line 9, or reported an amount on Form 990, Part X, line 21.
1a
Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not
included on Form 990, Part X? ....................................
b
If "Yes," explain the arrangement in Part XIV and complete the following table:
Amount
c Beginning balance ................................. 1c  
d Additions during the year .............................. 1d  
e Distributions during the year ............................. 1e  
f Ending balance ................................... 1f  
2a
Did the organization include an amount on Form 990, Part X, line 21? .....................
b
If “Yes,” explain the arrangement in Part XIV.
Part V
Endowment Funds. Complete if the organization answered "Yes" to Form 990, Part IV, line 10.
(a)Current Year (b)Prior Year (c)Two Years Back (d)Three Years Back (e)Four Years Back
1a Beginning of year balance ....        
b Contributions ........        
c Net investment earnings, gains, and losses ...        
d Grants or scholarships .....        
e Other expenditures for facilities
and programs ........
       
f Administrative expenses ....        
g End of year balance ......        
2
Provide the estimated percentage of the year end balance (line 1g) held as:
a
Board designated or quasi-endowment SchDMd Bullet  
b
Permanent endowment SchDMd Bullet  
c
Temporarily restricted endowment SchDMd Bullet  
The percentages in lines 2a, 2b, and 2c should equal 100%.
3a
Are there endowment funds not in the possession of the organization that are held and administered for the
organization by:

Yes
No
(i) unrelated organizations ........................
3a(i)
 
 
(ii) related organizations ........................
3a(ii)
 
 
b
If "Yes" to 3a(ii), are the related organizations listed as required on Schedule R? .........
3b
 
 
4
Describe in Part XIV the intended uses of the organization's endowment funds.
Part VI
Land, Buildings, and Equipment. See Form 990, Part X, line 10.
Description of property (a) Cost or other basis (investment) (b)Cost or other basis (other) (c) Accumulated depreciation (d) Book value
1a Land .................      
b Buildings ................        
c Leasehold improvements ............        
d Equipment ................        
e Other .................        
Total. Add lines 1a through 1e. (Column (d) must equal Form 990, Part X, column (B), line 10(c).).......SchDMdBullet  
Schedule D (Form 990) 2011

Schedule D (Form 990) 2011
Page 3
Part VII
Investments—Other Securities. See Form 990, Part X, line 12.
(a) Description of security or category
(including name of security)
(b)Book value (c) Method of valuation:
Cost or end-of-year market value
(1)Financial derivatives    
(2)Closely-held equity interests    
Other








Total. (Column (b) must equal Form 990, Part X, col. (B) line 12.)Small Bullet  
Part VIII
Investments—Program Related. See Form 990, Part X, line 13.
(a) Description of investment type (b) Book value (c) Method of valuation:
Cost or end-of-year market value








Total. (Column (b) must equal Form 990, Part X, col.(B) line 13.)Small Bullet  
Part IX
Other Assets. See Form 990, Part X, line 15.
(a) Description (b) Book value
(1) DUE FROM AFFILIATES 117,813








Total. (Column (b) must equal Form 990, Part X, col.(B) line 15.)...........Small Bullet 117,813
Part X
Other Liabilities. See Form 990, Part X, line 25.
1.(a) Description of Liability (b) Book value
Federal Income Taxes 0
DUE TO AFFILIATES 16,837
PAYROLL TAX LIABILITY 3,660
VACATION ACCRUAL 15,020






Total. (Column (b) must equal Form 990, Part X, col.(B) line 25.)Small Bullet 35,517
2. Fin 48 (ASC 740) Footnote. In Part XIV, provide the text of the footnote to the organization's financial statements that reports the organization's liability for uncertain tax positions under FIN 48 (ASC740).
Schedule D (Form 990) 2011

Schedule D (Form 990) 2011
Page 4
Part XI Reconciliation of Change in Net Assets from Form 990 to Financial Statements
1 Total revenue (Form 990, Part VIII, column (A), line 12) .................... 1 3,109,428
2 Total expenses (Form 990, Part IX, column (A), line 25) ..................... 2 2,956,319
3 Excess or (deficit) for the year. Subtract line 2 from line 1 ............. 3 153,109
4 Net unrealized gains (losses) on investments .......................... 4  
5 Donated services and use of facilities ............................. 5  
6 Investment expenses ................................... 6  
7 Prior period adjustments .................................. 7  
8 Other (Describe in Part XIV.) ................................. 8  
9 Total adjustments (net). Add lines 4 through 8 ......................... 9  
10 Excess or (deficit) for the year per financial statements. Combine lines 3 and 9 ......... 10 153,109
Part XII Reconciliation of Revenue per Audited Financial Statements With Revenue per Return
1 Total revenue, gains, and other support per audited financial statements ....... 1 3,333,465
2 Amounts included on line 1 but not on Form 990, Part VIII, line 12:
a Net unrealized gains on investments .......... 2a  
b Donated services and use of facilities ......... 2b 224,037
c Recoveries of prior year grants ........... 2c  
d Other (Describe in Part XIV.) ............ 2d  
e Add lines 2a through 2d ..................... 2e 224,037
3 Subtract line 2e from line 1..................... 3 3,109,428
4 Amounts included on Form 990, Part VIII, line 12, but not on line 1:
a Investment expenses not included on Form 990, Part VIII, line 7b . 4a  
b Other (Describe in Part XIV.) ........... 4b  
c Add lines 4a and 4b....................... 4c  
5 Total Revenue. Add lines 3 and 4c. (This must equal Form 990, Part I, line 12.) ...... 5 3,109,428
Part XIII Reconciliation of Expenses per Audited Financial Statements With Expenses per Return
1 Total expenses and losses per audited financial statements ............. 1 3,180,356
2 Amounts included on line 1 but not on Form 990, Part IX, line 25:
a Donated services and use of facilities .......... 2a 224,037
b Prior year adjustments .............. 2b  
c Other losses ................ 2c  
d Other (Describe in Part XIV.) ............ 2d  
e Add lines 2a through 2d...................... 2e 224,037
3 Subtract line 2e from line 1..................... 3 2,956,319
4 Amounts included on Form 990, Part IX, line 25, but not on line 1:
a Investment expenses not included on Form 990, Part VIII, line 7b .. 4a  
b Other (Describe in Part XIV.) ............ 4b  
c Add lines 4a and 4b....................... 4c  
5 Total expenses. Add lines 3 and 4c. (This must equal Form 990, Part I, line 18.) ...... 5 2,956,319
Part XIV
Supplemental Information
Complete this part to provide the descriptions required for Part II, lines 3, 5, and 9; Part III, lines 1a and 4; Part lV, lines 1b and 2b;
Part V, line 4; Part X; Part XI, line 8; Part XII, lines 2d and 4b; and Part XIII, lines 2d and 4b. Also complete this part to provide any additional information.
Identifier Return Reference Explanation
FIN 48 (ASC TOPIC 740) FOOTNOTE SCHEDULE D, XIV THE LEGAL CENTER IS EXEMPT FROM THE PAYMENT OF INCOME TAXES ON RELATED INCOME UNDER THE PROVISIONS OF SECTION 501(A) OF THE INTERNAL REVENUE CODE AS AN ENTITY DESCRIBED UNDER 501(C)(3). THE LEGAL CENTER IS, HOWEVER, SUBJECT TO FEDERAL AND STATE INCOME TAX ON UNRELATED BUSINESS INCOME. THE LEGAL CENTER DID NOT HAVE ANY MATERIAL UNRELATED BUSINESS INCOME TAX LIABILITY FOR THE THE YEARS ENDED DECEMBER 31, 2011 AND 2010; NOR DID THE LEGAL CENTER HAVE ANY SIGNIFICANT UNCERTAIN TAX POSITIONS FOR THE YEARS ENDED DECEMBER 31, 2011 AND 2010.
Schedule D (Form 990) 2011

Additional Data


Software ID:  
Software Version:  




Schedule J
(Form 990)
Department of the Treasury
Internal Revenue Service
Compensation Information
For certain Officers, Directors, Trustees, Key Employees, and Highest
Compensated Employees
SchJMediumBullet Complete if the organization answered "Yes" to Form 990,
Part IV, question 23.
SchJMediumBullet Attach to Form 990. SchJMediumBullet See separate instructions.
OMB No. 1545-0047
2011
Open to Public Inspection
Name of the organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Part I
Questions Regarding Compensation
Yes
No
1a
Check the appropiate box(es) if the organization provided any of the following to or for a person listed in Form
990, Part VII, Section A, line 1a. Complete Part III to provide any relevant information regarding these items.
b
If any of the boxes in line 1a are checked, did the organization follow a written policy regarding payment or reimbursement or provision of all the expenses described above? If "No," complete Part III to explain....
1b
Yes
 
2
Did the organization require substantiation prior to reimbursing or allowing expenses incurred by all
officers, directors, trustees, and the CEO/Executive Director, regarding the items checked in line 1a? ....
2
Yes
 
3
Indicate which, if any, of the following the organization uses to establish the compensation of the
organization's CEO/Executive Director. Check all that apply. Do not check any boxes for methods
used by a related organization to establish compensation of the CEO/Executive Director, but explain in Part III.
4
During the year, did any person listed in Form 990, Part VII, Section A, line 1a with respect to the filing organization or a related organization:
a
Receive a severance payment or change-of-control payment? ...............
4a
 
No
b
Participate in, or receive payment from, a supplemental nonqualified retirement plan? ........
4b
Yes
 
c
Participate in, or receive payment from, an equity-based compensation arrangement? ........
4c
 
No
If "Yes" to any of lines 4a-c, list the persons and provide the applicable amounts for each item in Part III.
Only 501(c)(3) and 501(c)(4) organizations only must complete lines 5-9.
5
For persons listed in form 990, Part VII, Section A, line 1a, did the organization pay or accrue any
compensation contingent on the revenues of:
a
The organization? ...........................
5a
 
No
b
Any related organization? .........................
5b
 
No
If "Yes," to line 5a or 5b, describe in Part III.
6
For persons listed in form 990, Part VII, Section A, line 1a, did the organization pay or accrue any
compensation contingent on the net earnings of:
a
The organization? ...........................
6a
 
No
b
Any related organization? .........................
6b
 
No
If "Yes," to line 6a or 6b, describe in Part III.
7
For persons listed in Form 990, Part VII, Section A, line 1a, did the organization provide any non-fixed
payments not described in lines 5 and 6? If "Yes," describe in Part III ............
7
Yes
 
8
Were any amounts reported in Form 990, Part VII, paid or accured pursuant to a contract that was
subject to the initial contract exception described in Regulations section 53.4958-4(a)(3)? If "Yes," describe
in Part III .............................
8
 
No
9
If "Yes" to line 8, did the organization also follow the rebuttable presumption procedure described in Regulations section 53.4958-6(c)? .........................
9
 
 
For Privacy Act and Paperwork Reduction Act Notice, see the Intructions for Form 990
Cat. No. 50053T
Schedule J (Form 990) 2011

Schedule J (Form 990) 2011
Page 2
Part II
Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees. Use duplicate copies if additional space is needed.
For each individual whose compensation must be reported in Schedule J, report compensation from the organization on row (i) and from related organizations, described in the
instructions on row (ii). Do not list any individuals that are not listed on Form 990, Part VII.

Note. The sum of columns (B)(i)-(iii) for each listed individual must equal the total amount of Form 990, Part VII, Section A, line 1a, applicable column (D) and column (E) for that individual.
(A) Name (B) Breakdown of W-2 and/or 1099-MISC compensation (C) Retirement and other deferred compensation (D) Nontaxable
benefits
(E) Total of columns
(B)(i)-(D)
(F) Compensation
reported as deferred
in prior Form 990
(i) Base compensation (ii) Bonus & incentive compensation (iii) Other reportable compensation
(1) MARY BLASINSKY (i)
(ii)
0
212,924
0
48,074
0
11,702
0
14,274
0
23,876
0
310,850
 
 
(2) TAMMY S BOEHMS (i)
(ii)
0
277,426
0
60,126
0
8,633
0
11,048
0
14,436
0
371,669
 
 
(3) KAREN R HARNED (i)
(ii)
182,509
0
13,291
0
1,680
0
2,053
0
13,947
0
213,480
0
 
 
(4) BETH MILITO (i)
(ii)
142,643
0
6,092
0
1,680
0
5,252
0
671
0
156,338
0
 
 
(5) JEFF SMITH (i)
(ii)
0
146,001
0
13,370
0
1,386
0
7,962
0
9,052
0
177,771
 
 
(6) SUSAN M ECKERLY (i)
(ii)
0
230,526
0
56,000
0
3,240
0
10,817
0
16,021
0
316,604
 
 
(7) DONALD A DANNER (i)
(ii)
0
508,752
0
150,050
0
42,530
0
11,739
0
30,605
0
743,676
 
 









Schedule J (Form 990) 2011

Schedule J (Form 990) 2011
Page 3
Part III
Supplemental Information
Complete this part to provide the information, explanation, or descriptions required for Part I, lines 1a, 1b, 3, 4c, 5a, 5b, 6a, 6b, 7, and 8. Also complete this part for any additional information.
Identifier Return Reference Explanation
DISCRETIONARY SPENDING ACCOUNT SCHEDULE J, PART I, LINE 1 THE EXECUTIVE DIRECTOR AND SENIOR EXECUTIVE COUNSEL OF THE COMPANY RECEIVE CELLULAR PHONE/DATA SERVICE ALLOWANCE. IN COMPLIANCE WITH IRS CODE SECTION 132, THESE FRINGE BENEFITS ARE TREATED AS TAXABLE SALARY, SUBJECT TO WITHHOLDING, ON THE EMPLOYEE'S W-2.
COMPENSATION ESTABLISHED BY RELATED ORGANIZATION SCHEDULE J, PART I, LINE 3 NFIB SMALL BUSINESS LEGAL CENTER RELIES ON THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC., A RELATED ORGANIZATION, TO ESTABLISH THE CEO/EXECUTIVE DIRECTOR'S COMPENSATION. NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. USES ONE OR MORE OF THE METHODS DESCRIBED ON SCHEDULE J, LINE 3 TO ESTABLISH THE CEO/EXECUTIVE DIRECTOR'S COMPENSATION.
SUPPLEMENTAL NONQUALIFIED RETIREMENT PLAN SCHEDULE J, LINE 4B THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. PROVIDES SUPPLEMENTAL EXECUTIVE RETIREMENT PLANS (SERPS). THESE NONQUALIFIED PLANS COVER CERTAIN KEY MANAGMENT AND EXECUTIVE PERSONNEL. PARTICIPATION IN ALL SERPS HAS BEEN FROZEN AND FUTURE BENEFIT ACCRUALS FOR THE PLANS HAVE CEASED. NO PAYMENTS WERE MADE TO ANY SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN IN 2011.
INCENTIVE COMPENSATION PLAN SCHEDULE J, LINE 7 THE EXECUTIVE DIRECTOR AND SENIOR EXECUTIVE COUNSEL OF NFIB SMALL BUSINESS LEGAL CENTER PARTICIPATE IN AN INCENTIVE COMPENSATION PLAN WITH A PORTION OF THE INCENTIVE BASED ON MANAGEMENT'S REVIEW OF THEIR PERFORMANCE DURING THE YEAR.
Schedule J (Form 990) 2011

Additional Data


Software ID:  
Software Version:  
SCHEDULE O
(Form 990 or 990-EZ)

Department of the Treasury
Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ

Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
MediumBullet Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2011
Open to Public
Inspection
Name of the organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Identifier Return Reference Explanation
VOLUNTEERS FORM 990, PART I, LINE 6 IN 2011, THE NFIB SMALL BUSINESS LEGAL CENTER USED THE SERVICES OF TWENTY FIVE VOLUNTEERS. THE LEGAL CENTER HAS A FOURTEEN MEMBER ADVISORY BOARD CONSISTING OF PRO BONO ATTORNEYS ADVISING THE LEGAL CENTER OF WHICH CASES TO GET INVOLVED IN HELPING SMALL BUSINESSES. THE LEGAL CENTER ALSO HAD SEVEN PRO BONO ATTORNEYS WRITE LEGAL BRIEFS FOR THE CENTER. FOUR ADDITIONAL ATTORNEYS ACTED IN PRESENTING WEBINARS TO NFIB MEMBERS REGARDING SMALL BUSINESS LEGAL ISSUES.
SUMMARY OF LEGAL CASES FOR 2011 FORM 990, PART III, LINE 4a APAC-TENNESSEE, INC. V. BRYANT - LIMITING NONECONOMIC DAMAGE AWARDS MISSISSIPPI SUPREME COURT APAC-TENNESSEE, INC. V. BRYANT CONCERNS THE CONSTITUTIONALITY OF MISSISSIPPI'S $1 MILLION LIMIT ON NONECONOMIC DAMAGES IN GENERAL CIVIL ACTIONS. NFIB SUPPORTS THE LIMIT ON NONECONOMIC DAMAGES IN THESE TYPES OF CASES. THIS IS THE SECOND APPEAL PENDING BEFORE THE MISSISSIPPI SUPREME COURT INVOLVING THE CONSTITUTIONALITY OF THE CAP. STATUS: PENDING. AMICUS BRIEF FILED. AUTOMOTIVE UNITED TRADES ORGANIZATION (AUTO) V. WASHINGTON - GAS TAX CHALLENGE WASHINGTON SUPREME COURT GAS STATION OWNERS ARE SUING WASHINGTON FOR $90 MILLION IN FUEL TAX FUNDS THAT THEY SAY HAVE BEEN UNLAWFULLY PAID TO INDIAN TRIBES. AUTO SEEKS TO STOP THE STATE FROM PAYING THE TRIBES REFUND ON THE GAS TAX BECAUSE THE TRIBES DID NOT PAY THE TAXES WHICH THE STATE IS ISSUING REFUNDS. THE TAX REFUNDS PERMIT TRIBAL GAS STATIONS TO SELL FUEL AT A MUCH LOWER PRICE (AROUND 5 CENTS PER GALLON LESS). MIXED IN WITH THIS IS A DIFFICULT PROCEDURAL ISSUE WHERE THE COUNTY JUDGE DISMISSED THE CASE SINCE TRIBES CANNOT BE SUED IN STATE OR FEDERAL COURT. HOWEVER, AUTO ARGUES THAT THE TRIBES ARE INDISPENSABLE PARTIES TO THE SUIT WHERE THE SUIT CANNOT BE LITIGATED FAIRLY AND COMPLETELY IN THEIR ABSENCE. STATUS: PENDING. AMICUS BRIEF FILED 7/5/11. COURT GRANTED REVIEW 9/8/11. BARABIN V. ASTENJOHNSON - ANY ASBESTOS EXPOSURE TOO SPECULATIVE TO HOLD DEFENDANT LIABLE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PLAINTIFF BARABIN ARGUES THAT HE CAN SUE AND WIN BASED ON "ANY EXPOSURE" TO ASBESTOS NO MATTER HOW MINUTE. HERE, PLAINTIFF WAS EXPOSED TO ASBESTOS IN 1974 WHEN HE CAME INTO CONTACT WITH A PAPER MACHINE PART THAT CONTAINED TRACE AMOUNTS OF ASBESTOS, BUT HE IS UNABLE TO CONFIRM THAT DEFENDANT MANUFACTURED THE PART. STATUS: PENIDNG. AMICUS BRIEF FILED 05/26/11. BETZ V. PNEUMO ABEX - LEGAL REFORM PENNSYLVANIA SUPREME COURT THE CASE INVOLVES A KEY ISSUE IN ASBESTOS LITIGATION TODAY - THE "ANY EXPOSURE" THEORY OF CAUSATION. THE PA SUPERIOR COURT AUTHORED ONE OF THE MORE THOUGHTFUL OPINIONS EXPLAINING WHY THIS THEORY BEING PROMOTED BY PAID EXPERTS FOR PLAINTIFFS IS "JUNK SCIENCE." THE APPELLATE COURT REVERSED. THE APPEAL TO THE PA SUPREME COURT ASKS THE COURT TO REINSTATE THE SUPERIOR COURT OPINION. STATUS: DECIDED. AMICUS BRIEF FILED 4/22/11. THE PENNSYLVANIA SUPREME COURT REVERSED THE GRANT OF SUMMARY JUDGMENT TO BRAKE MANUFACTURERS. BRINKER V. SUPERIOR COURT - EXPANSION OF MANDATORY MEAL AND REST BREAK CALIFORNIA SUPREME COURT VOIDING A TRIAL COURT'S 2006 DECISION THAT AN ESTIMATED 59,000 TO 63,000 CURRENT AND FORMER EMPLOYEES COULD JOIN A LAWSUIT AGAINST THE DALLAS-BASED COMPANY, THE CALIFORNIA 4TH DISTRICT COURT OF APPEAL RULED THAT EMPLOYER BRINKER ONLY HAD TO "MAKE AVAILABLE" MEAL AND REST BREAKS TO ITS WORKERS, NOT TO "ENSURE" THE BREAKS WERE TAKEN. THE APPELLATE COURT RULED THAT EMPLOYERS NEED ONLY MAKE MEAL BREAKS AVAILABLE TO EMPLOYEES; IF THE EMPLOYEE FOR SOME REASON DOESN'T WANT TO TAKE IT OR VOLUNTARILY WORKS THROUGH IT, THE EMPLOYER CANNOT BE PENALIZED. THE EMPLOYEES HAVE APPEALED THE DECISION TO THE STATE SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED ON 8/19/09. BUSINESS FOR A BETTER NY V. NY DEPT. OF LABOR - URGING REPEAL OF STRICT LIABILITY U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT PLAINTIFFS HAVE CHALLENGED NEW YORK'S INFAMOUS LABOR LAW 240-241, A.K.A. "LADDER LAW" OR "SCAFFOLD LAW", WHICH PROVIDES THAT CONTRACTORS ASSUME TOTAL LIABILITY FOR EMPLOYEE INJURIES REGARDLESS OF FAULT OR WORK CONDITIONS. NEW YORK IS THE ONLY STATE THAT STILL HAS SUCH A LAW ON THE BOOKS; MOST OTHERS HAVE A "COMPARATIVE NEGLIGENCE" STATUTE, WHICH PARTITIONS LAWSUITS ACCORDING TO BLAME. A BUSINESS ALLIANCE HAS CHALLENGED THE LAW ON CONSTITUTIONAL GROUNDS AND ALSO ARGUED THAT FEDERAL OSHA PREEMPTS. STATUS: PENDING. BRIEF IN SUPPORT OF BBNY FILED ON 07/31/07. DISTRICT COURT DISMISSED CHALLENGE AND APPEAL FILED IN THE U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT. BRIEF IN SUPPORT OF BBNY FILED WITH APPELLATE COURT ON 12/21/07. ORAL ARGUMENTS HEARD IN U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT ON MAY 21, 2009. CHERRY V. SHAW COASTAL - LABOR & EMPLOYMENT AND TITLE VII U.S. FIFTH CIRCUIT COURT OF APPEALS THE DISTRICT COURT DISMISSED PLAINTIFF'S LAWSUIT BROUGHT UNDER TITLE VII CLAIMING A SAME-SEX HOSTILE WORK ENVIRONMENT. WHILE NFIB CONCEDES THE EMPLOYEE ACCUSED OF CREATING THE HOSTILE ENVIRONMENT WAS APPROPRIATELY TERMINATED AND THAT HIS CONDUCT WAS RUDE AND OBNOXIOUS, NFIB BELIEVES HIS CONDUCT DOES NOT REPRESENT AN ACTIONABLE LEGAL CLAIM UNDER TITLE VII. NFIB URGED THE FIFTH CIRCUIT TO REINFORCE THE WELL-SETTLED PRINCIPLE THAT TITLE VII IS NOT A GENERAL CIVILITY CODE. CONDUCT MUST BE SEVERE OR PERSUASIVE TO BE ACTIONABLE. STATUS: PENDING. AMICUS BRIEF FILED 6/22/11. COLE V. HARVEYLAND - STATE EMPLOYMENT LAW EXEMPTION FOR SMALL BUSINESS WASHINGTON COURT OF APPEALS THE ISSUE IS WHETHER WASHINGTON COURTS HAVE JURISDICTION TO HEAR EMPLOYMENT DISCRIMINATION SUITS AGAINST EMPLOYERS WITH FEWER THAN EIGHT EMPLOYEES. THE WASHINGTON LAW AGAINST DISCRIMINATION SAYS THAT SMALL EMPLOYERS ARE EXEMPT FROM THE LAW. THE COURT WILL DETERMINE WHETHER THE EXEMPTION OPERATES AS A JURISDICTIONAL BAR. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 11/1/10. COLONY COVE V. CITY OF CARSON - PROPERTY RIGHTS AND JUDICIAL REVIEW U.S. SUPREME COURT - CERT. PETITION NFIB JOINED A PETITION THAT URGED THE SUPREME COURT TO OVERTURN PRECEDENT REQUIRING PROPERTY OWNERS TO RIPEN THEIR CLAIMS FOR JUST COMPENSATION IN STATE COURT AS A PREREQUISITE FOR A CLAIM UNDER 42 U.S.C. 1983. THE BRIEF WOULD DISCUSS THE TENSION BETWEEN THE INTENT OF 1983 AND THE SUBSEQUENT MIX OF STATUTE AND PRECEDENT THAT EFFECTIVELY BLOCKS PROPERTY OWNERS FROM A HEARING IN FEDERAL COURT. STATUS: PENDING. AMICUS BRIEF FILED 9/14/11. COMER V. MURPHY OIL USA - LIABILITY FOR GREENHOUSE GAS EMISSIONS U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT MISSISSIPPI RESIDENT NED COMER IS THE LEAD PLAINTIFF IN THIS CLASS-ACTION LAWSUIT DEMANDING MAJOR DAMAGE PAYMENTS FROM A HOST OF ENERGY COMPANIES ON THE THEORY THAT THE COMPANIES' CARBON EMISSIONS CONTRIBUTED TO GLOBAL WARMING, WHICH IN TURN SUPPOSEDLY CAUSED A STRENGTHENING OF HURRICANE KATRINA, WHICH DAMAGED THEIR PROPERTIES IN 2005. THE DISTRICT COURT DISMISSED THE SUIT. STATUS: PENDING. AMICUS BRIEF FILED 5/7/10. THE APPEAL IS DISMISSED BECAUSE ANOTHER JUDGE RECUSED HIMSELF, DEPRIVING THE EN BANC COURT OF THE QUORUM TO HEAR THE CASE. CRV V. UNITED STATES - GOVERNMENT TAKINGS U.S. SUPREME COURT - CERT. PETITION IN 1999 THE EPA ISSUED A DECISION TO CLEAN UP A COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT SITE ON THE SOUTH SHORE OF THE OLD MORMON SLOUGH IN STOCKTON, CALIFORNIA. THE DECISION STATED THAT THE EPA MIGHT INSTALL A LOG BOOM TO CUT OFF NAVIGATION IN THE WATERS OF THE SLOUGH. FOLLOWING ISSUANCE OF THIS DECISION, CRV ENTERPRISES ACQUIRED A PROPERTY ON THE NORTH SHORE OF THE SLOUGH. THE PROPERTY INCLUDED A MARINA AND CRV INTENDED TO CONTINUE OPERATING THE MARINA. IN 2006 THE EPA INSTALLED A LOG BOOM IN THE WATERS OF THE SLOUGH, CUTTING OFF NAVIGATION TO AND FROM CRV'S MARINA. IN RESPONSE, CRV FILED A TAKINGS CLAIM IN THE COURT OF FEDERAL CLAIMS SEEKING JUST COMPENSATION FOR THE LOSS OF ITS RIGHT OF ACCESS TO NAVIGABLE WATERS. STATUS: DECIDED. AMICUS BRIEF FILED 4/22/11. CERT DENIED BY THE SUPREME COURT ON 5/16/11.
SUMMARY OF LEGAL CASES FOR 2011 (CONT.)   DOWNING/SALT POND V. RHODE ISLAND - CHALLENGING STATE TAKING IN FEDERAL COURT U.S. SUPREME COURT - CERT. PETITION NFIB JOINED A PETITION THAT URGED THE SUPREME COURT TO OVERTURN PRECEDENT REQUIRING PROPERTY OWNERS TO RIPEN THEIR CLAIMS FOR JUST COMPENSATION IN STATE COURT AS A PREREQUISITE FOR A CLAIM UNDER 42 U.S.C. 1983. THE BRIEF WOULD DISCUSS THE TENSION BETWEEN THE INTENT OF 1983 AND THE SUBSEQUENT MIX OF STATUTE AND PRECEDENT THAT EFFECTIVELY BLOCKS PROPERTY OWNERS FROM A HEARING IN FEDERAL COURT. (RELATED CASE COLONY COVE). STATUS: PENDING. AMICUS BRIEF FILED 9/23/11. EEOC V. CRST VAN EXPEDITED - ATTORNEY FEES ASSESSED AGAINST EEOC U.S. COURT OF APPEALS FOR THE 8TH CIRCUIT THE EEOC FILED A SERIES OF CLAIMS AGAINST TRUCKING COMPANY CRST VAN EXPEDITED, ALLEGING SEXUAL HARASSMENT OF FEMALE EMPLOYEES. THE DISTRICT COURT DISMISSED THE CASE, FINDING THE EEOC HAD FAILED TO INVESTIGATE AND CONSOLIDATE INDIVIDUAL CLAIMS PRIOR TO BRINGING THE TITLE VII LAWSUIT. THE JUDGE DID NOT APPRECIATE THE EEOC'S LITIGATION STRATEGY OF 'SUE FIRST, ASK QUESTIONS LATER' AND ISSUED AN ORDER REQUIRING THE EEOC TO PAY MORE THAN $4.5 MILLION DOLLARS IN COSTS AND ATTORNEYS FEES TO THE TRUCKING COMPANY. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT ON 9/7/10. ELKIN HILLS POWER V. CALIFORNIA - TAXATION OF INTANGIBLE PROPERTY 4TH APPELLATE DISTRICT NFIB URGED THE APPELLATE COURT TO REVIEW A LOWER COURT DECISION THAT, IN VIOLATION OF THE CALIFORNIA CONSTITUTION, PERMITTED THE TAXATION OF INTANGIBLE PROPERTY. STATUS: PENDING. AMICUS LETTER FILED ON 8/4/11. EXXONMOBIL V. NYC - CAUSATION IS ATTACKED BY DEFENDANT'S APPEAL COURT OF APPEALS FOR THE SECOND CIRCUIT EXXON HAS APPEALED ITS $100 MILLION JURY VERDICT REGARDING MTBE. THE AMICUS BRIEF FILED IN SUPPORT OF EXXON MAINTAINS THAT THE ENTIRE AWARD WAS BASED ON HYPOTHETICAL DAMAGE THAT MIGHT OCCUR. THE BRIEF ARGUES THAT AN AWARD BASED ON A "IF THIS THEN THAT" FUTURE INJURY VIOLATES BASIC TORT PRINCIPLES OF CAUSATION AND COULD BE VERY PROBLEMATIC IN THE PRODUCT LIABILITY ARENA. STATUS: PENDING. AMICUS BRIEF FILED 4/28/11. GUGGENHEIM V. CITY OF GOLETA - PROPERTY RIGHTS U.S. SUPREME COURT - CERT PETITION THE PETITION ASKS THE COURT TO DECIDE WHETHER A PLAINTIFF MAY EVER SUCCEED IN CHALLENGING A REGULATION UNDER THE TAKINGS CLAUSE IF THE REGULATION WAS IN EFFECT WHEN THE PLAINTIFF PURCHASED THE RELEVANT PROPERTY. THE COUNTY OF SANTA BARBARA, CALIFORNIA, ADOPTED AN ORDINANCE THAT SEVERELY CAPPED THE RENT THAT OWNERS OF MOBILE-HOME PARKS COULD CHARGE TENANTS FOR USE OF THE LAND. PLAINTIFFS PURCHASED A MOBILE HOME PARK WITHIN THE COUNTY AND THEN FILED SUIT SEEKING MONEY DAMAGES AND A DECLARATORY JUDGMENT THAT THE ORDINANCE WAS VOID UNDER THE TAKINGS CLAUSE. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF PROPERTY OWNERS REQUEST FOR CERT ON 4/13/11. CERT DENIED BY THE SUPREME COURT ON 5/16/11. HESS V. A.I. DUPONT HOSPITAL - MEDICAL MONITORING U.S. COURT OF APPEALS FOR THE 3RD CIRCUIT VICTORY! THE COURT WILL DECIDE WHETHER DELAWARE RECOGNIZES A MEDICAL MONITORING CAUSE OF ACTION. THE CASE INVOLVES A PLAINTIFF WHO HAD A STENT IMPLANTED TO TREAT A CONGENITAL HEART DEFECT; THE STENT HAD NOT RECEIVED FDA PREMARKET APPROVAL AT THE TIME IT WAS IMPLANTED BY DOCTORS AT THE DEFENDANT'S HOSPITAL. STATUS: DECIDED. AMICUS BRIEF FILED ON 03/09/10. COURT RULED IN FAVOR THE DEFENDANT AND DISMISSED PLAINTIFF'S CLAIMS. THE COURT REVERSED THE DISTRICT COURT AND HELD THAT THERE WAS NO DUTY TO MEDICALLY MONITOR A MINOR PLAINTIFF AND EVEN IF DELAWARE LAW WOULD ALLOW MEDICAL MONITORING, THE PLAINTIFFS FAILED TO ESTABLISH ELEMENTS NEEDED FOR MEDICAL MONITORING CLAIM JANKEY V. LEE - ATTORNEY FEE AWARDS IN ADA LAWSUITS CALIFORNIA SUPREME COURT THE COURT WILL DETERMINE WHETHER CALIFORNIA'S MANDATORY "PREVAILING PARTY" ATTORNEY'S FEE PROVISION REQUIRES A PREVAILING DEFENDANT TO ESTABLISH THAT THE PLAINTIFF'S CLAIM WAS FRIVOLOUS BEFORE AN ATTORNEY'S FEE AWARD CAN BE MADE. STATUS: PENDING. AMICUS BRIEF IN SUPPORT OF DEFENDANT FILED ON 1/7/11. KASTEN V. SAINT-GOBAIN PERFORMANCE - RETALIATION CLAIMS UNDER WAGE & HOUR LAW U.S. SUPREME COURT THE PLAINTIFF FILED SUIT AGAINST HIS FORMER EMPLOYER UNDER THE FLSA AFTER HE WAS TERMINATED FOR VIOLATING THE EMPLOYER'S TIME-CLOCK-PUNCHING POLICY. THE SUIT ALLEGED THAT HE WAS TERMINATED IN RETALIATION FOR HIS ORAL COMPLAINTS, TO SUPERVISORS AND HUMAN RESOURCES PERSONNEL, THAT THE PLACEMENT OF THE TIME CLOCK WAS ILLEGAL. THE DISTRICT COURT GRANTED SUMMARY JUDGMENT TO THE EMPLOYER, HOLDING THAT, ALTHOUGH INTRA-COMPANY WRITTEN COMPLAINTS COULD FORM THE BASIS FOR A RETALIATION CLAIM, ORAL COMPLAINTS COULD NOT. THE SEVENTH CIRCUIT AFFIRMED (585 F.3D 310). WHILE ACKNOWLEDGING A DIVISION OF AUTHORITY ON THE ISSUE, THE COURT OF APPEALS REASONED THAT THE TERM "FILED" IMPLIES A WRITTEN COMPLAINT AND THAT ORAL COMPLAINTS THEREFORE COULD NOT SUPPORT A CAUSE OF ACTION. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 08/23/10. ORAL ARGUMENT SET FOR 10/13/10. COURT FOUND IN FAVOR OF PLAINTIFF ON 3/1/11. KIVALINA V. EXXONMOBIL - LEGAL REFORM/CLIMATE CHANGE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT THE SUIT SEEKS MONETARY DAMAGES FROM VARIOUS ENERGY COMPANIES FOR THE ALLEGED DESTRUCTION OF KIVALINA, ALASKA BY CLIMATE CHANGE. THE SPECIFIC ISSUE IN THE CASE IS WHETHER THE PUBLIC NUISANCE CLAIMS SEEKING TO SUBJECT AMERICAN BUSINESSES THAT EMIT CO2, METHANE AND OTHER SUCH GASSES TO LIABILITY FOR WEATHER-RELATED EVENTS ALLEGEDLY CAUSED BY GLOBAL WARMING VIOLATE THE POLITICAL QUESTION DOCTRINE UNDER ARTICLE III OF THE CONSTITUTION. THE SUIT WAS DISMISSED BY THE U.S. DISTRICT COURT. STATUS: PENDING. AMICUS BRIEF FILED 07/07/10. LAMONS GASKET CO. V. SWIU - NLRB OPENS DOOR TO MORE STEALTH CARD CHECK AGREEMENTS NATIONAL LABOR RELATIONS BOARD IN A 3-2 DECISION ON AUGUST 27, THE BOARD VOTED TO REVIEW A LANDMARK 2007 CASE, DANA CORPORATION, IN WHICH IT GRANTED DISSENTING WORKERS THE RIGHT TO UNDO A SUCCESSFUL (I.E., EMPLOYER-RECOGNIZED) UNION CARD CHECK CAMPAIGN AND DEMAND A SECRET BALLOT ELECTION. PRIOR TO THIS DECISION, EMPLOYEES HAD NO WAY TO DEMAND AN ELECTION IF THE EMPLOYER AGREED TO RECOGNIZE A UNION BASED ON AUTHORIZATION CARDS. WORKERS ACROSS THE COUNTRY HAVE ALREADY USED ELECTIONS TO KICK OUT UNWANTED UNIONS, DEMONSTRATING THE UNRELIABILITY OF CARD CHECK INSTANT ORGANIZING CAMPAIGNS. WORKERS FREQUENTLY SIGN UNION AUTHORIZATION CARDS DUE TO UNION ORGANIZERS' INTIMIDATING TACTICS OR EVEN OUTRIGHT LIES ABOUT WHAT SIGNING A CARD MEANS. STATUS: PENDING. NFIB FILED TWO AMICUS BRIEFS ON 11/1/10 IN SUPPORT OF PRESERVING DANA CORPORATION.
SUMMARY OF LEGAL CASES FOR 2011 (CONT.)   LEWIS V. HUMBOLDT ACQUISITION CORP. - BURDEN OF PROOF FOR ADA CLAIMS U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT THIS CASE TESTS THE STANDARDS FOR PROVING AN AMERICANS WITH DISABILITIES ACT CLAIM. NOW BEING HEARD EN BANC, THE COURT IS BEING ASKED TO REVERSE THE DISTRICT COURT AND THREE-JUDGE PANEL DECISIONS' THAT HELD A PLAINTIFF MUST PROVE THAT HER DISABILITY WAS THE SOLE, RATHER THAN A MOTIVATING, REASON FOR THE DEFENDANT-EMPLOYER'S ADVERSE EMPLOYMENT DECISION. STATUS: PENDING. AMICUS BRIEF FILED 8/10/11 IN SUPPORT OF THE EMPLOYER. LOCKE V. SHORE - REGULATORY RESTRICTION ON INTERIOR DESIGNER U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT NFIB JOINED A LAWSUIT THAT CHALLENGED A FLORIDA LAW THAT PROHIBITS PEOPLE FROM PRACTICING INTERIOR DESIGN UNLESS THEY FIRST GET THE GOVERNMENT'S PERMISSION. THE LAW REQUIRES THAT THEY SPEND SIX YEARS AND THOUSANDS OF DOLLARS JUMPING THROUGH THE ARBITRARY HOOPS OF FLORIDA'S INTERIOR DESIGN LICENSING LAW. IN MARCH 2011, THE APPELLATE COURT UPHELD A DISTRICT COURT RULING THAT FOUND THE REGULATION CONSTITUTIONAL. THE RULING COMES DESPITE ADMISSIONS BY THE STATE THAT THERE IS NO EVIDENCE THAT THE UNLICENSED PRACTICE OF INTERIOR DESIGN POSES ANY THREAT TO THE PUBLIC. STATUS: DECIDED. COURT UPHELD THE REGULATION ON 3/2/11. U.S. SUPREME COURT DENIED REVIEW ON 1/9/12. MCCALL V. UNITED STATES - DEFENDING FLORIDA'S DAMAGES CAP FLORIDA SUPREME COURT THE U.S. ELEVENTH CIRCUIT COURT OF APPEALS RECENTLY UPHELD FLORIDA'S NONECONOMIC DAMAGES CAP UNDER THE U.S. CONSTITUTION (SEE ESTATE OF MCCALL V. UNITED STATES, 2011 WL 2084069, 11TH CIR. MAY 27, 2011). THE CIRCUIT COURT CERTIFIED THE FLORIDA CONSTITUTIONAL QUESTIONS TO THE FLORIDA SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANTS ON 9/15/11. MCDONALD V. CITY HOSPITAL - CHALLENGE TO WEST VIRGINIA'S PUNITIVE DAMAGES CAP WEST VIRGINIA SUPREME COURT OF APPEALS NFIB JOINED A COALITION AMICUS BRIEF IN A CHALLENGE TO THE STATE'S CAP ON NONECONOMIC DAMAGES FOR MEDICAL LIABILITY ACTIONS. THE COALITION ARGUED IN SUPPORT OF THE STATUTORY CAP ON NONECONOMIC DAMAGES BECAUSE WITHOUT THEM THE DOOR WILL BE OPENED TO SUBJECTIVE, RUNAWAY NONECONOMIC DAMAGE AWARDS. STATUS: PENDING. ORAL ARGUMENTS HELD MARCH 8, 2011. MERRILL V. OHIO - PROPERTY RIGHTS OHIO SUPREME COURT THE CASE INVOLVES A CHALLENGE TO SHORELINE PROPERTY OWNERS' RIGHT TO EXCLUDE TRESPASSERS ON DRY BEACHES ABOVE THE WATER'S EDGE. THIS IS AN IMPORTANT ISSUE NOT ONLY FOR RESIDENTIAL PROPERTY OWNERS, BUT FOR BUSINESSES ALONG LAKE ERIE WHO WANT TO BE ABLE TO EXCLUDE TRESPASSERS. THE TRIAL AND APPELLATE COURTS FOUND LARGELY IN FAVOR OF THE LANDOWNERS. THE OHIO DEPT. OF NATURAL RESOURCES HAS NOW APPEALED TO THE STATE SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED ON 9/20/10. ORAL ARGUMENT HELD 2/1/11. METROPOLITAN MILWAUKEE ASSOCIATION OF COMMERCE V. CITY OF MILWAUKEE - MANDATED SICK LEAVE CIRCUIT COURT FOR MILWAUKEE COUNTY MILWAUKEE REQUIRED THAT ALL CITY BUSINESSES PROVIDE THEIR EMPLOYEES WITH PAID SICK LEAVE THROUGH THE PASSAGE OF A BINDING REFERENDUM. NFIB ARGUED THAT THE MEASURE INTERFERES WITH EMPLOYERS' RIGHTS TO NEGOTIATE MUTUALLY BENEFICIAL LABOR AGREEMENTS WITH THEIR EMPLOYEES AND IS AN ILLEGAL EXTENSION OF MILWAUKEE'S AUTHORITY INTO AREAS OF LAW RESERVED TO THE STATE. STATUS: PENDING. AMICUS BRIEF FILED 01/28/09. CIRCUIT COURT GRANTED MMAC SUMMARY JUDGMENT ON OCTOBER 14, 2010. HOWEVER, THE COURT OF APPEALS REVERSED AND REMANDED THE CASE BACK TO THE CIRCUIT COURT ON MARCH 24, 2011. MIMS V. ARROW FINANCIAL SERVICES, INC. - LEGAL REFORM U.S. SUPREME COURT THE APPEAL STEMS FROM THE 11TH CIRCUIT COURT OF APPEALS HOLDING THAT FEDERAL COURTS LACK SUBJECT MATTER JURISDICTION OVER PRIVATE ACTIONS UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. 227. NFIB'S BRIEF DISCUSSES THE EXTORTION THAT SMALL BUSINESSES FACE WHEN THEY UNINTENTIONALLY VIOLATE A CONSUMER PROTECTION STATUTE, LIKE THE TCPA OR DO-NOT-FAX, AND THEN FACE A BARRAGE OF DEMAND LETTERS AND FORM COMPLAINTS FROM PLAINTIFFS' COUNSEL. STATUS: DECIDED. AMICUS BRIEF FILED ON 10/28/11. COURT RULED IN FAVOR OF PLAINTIFF MIMS ON 1/L7/12. MULHALL V. UNITE HERE - UNION ORGANIZING U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT VICTORY! THE APPELLATE COURT WILL DECIDE WHETHER THE ORGANIZING ASSISTANCE THAT INCLUDES LISTS OF INFORMATION ABOUT NONUNION EMPLOYEES, USE OF PRIVATE COMPANY PROPERTY FOR ORGANIZING, AND A GAG-CLAUSE ON COMPANY COMMUNICATIONS WITH ITS EMPLOYEES ABOUT UNIONIZATION ARE "THINGS OF VALUE," MAKING IT ILLEGAL UNDER SECTION 302 OF THE LABOR MANAGEMENT RELATIONS ACT FOR THE UNION TO DEMAND THEM. IF THE CASE IS SUCCESSFUL, IT WILL BE ILLEGAL IN FLORIDA, GEORGIA, AND ALABAMA (AND POTENTIALLY ELSEWHERE) FOR UNIONS TO DEMAND THAT FROM AN EMPLOYER. STATUS: DECIDED. AMICUS BRIEF IN SUPPORT OF MULHALL FILED 3/28/11. COURT RULED IN FAVOR OF MULHALL ON 1/19/12. NATIONAL ASSOC. OF HOMEBUILDERS V. ARMY CORPS OF ENGINEERS - ADMIN PROCEDURE CHALLENGE U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA NAHB HAS APPEALED A DECISION FROM THE D.C. DISTRICT COURT THAT HELD A PARTY MUST SHOW THERE IS "NO SET OF CIRCUMSTANCES" UNDER WHICH THE RULE BEING CHALLENGED IS VALID. IF UPHELD, THIS RESULT WILL MAKE IT MUCH MORE DIFFICULT TO BRING FACIAL CHALLENGES TO ANY REGULATION. STATUS: PENDING. AMICUS BRIEF FILED 4/11/11. NATIONAL RESTAURANT ASSOCIATION (NRA) V. DOL U.S. DISTRICT COURT NFIB JOINED A CASE CHALLENGING THE NOTICE OF PROPOSED RULEMAKING (NPRM) PROCEDURES USED TO ALTER "TIP CREDIT" DISCLOSURE REGULATIONS. TIP CREDITS ALLOW EMPLOYERS TO PAY EMPLOYEES RECEIVING TIPS UNDER MINIMUM WAGE AS LONG AS THE EMPLOYEE'S HOURLY WAGE AND TIPS EXCEEDS MINIMUM WAGE. THE RULEMAKING NOTICE CONTAINED VERY LIMITED CHANGES TO THE CURRENT REGULATIONS, YET THE PROMULGATED REGULATIONS REQUIRE EXTENSIVE ADDITIONAL TIP CREDIT DISCLOSURE REQUIREMENTS FOR EMPLOYERS. THE NEW REGULATIONS REPRESENT A HUGE NEW ADMINISTRATIVE BURDEN WITH COSTLY PENALTIES FOR FAILED COMPLIANCE FOR BUSINESSES. STATUS: PENDING. COMPLAINT FILED 6/16/11. NATSO, INC. V. 3 GIRLS ENTERTAINMENT U.S. SUPREME COURT - CERT PETITION THE CASE CONCERNS THE USE OF OVERBROAD DISCOVERY REQUESTS TO SEEK TRADE ASSOCIATION COMMUNICATIONS WITH THEIR CORPORATE MEMBERS REGARDING LOBBYING STRATEGIES. THE TENTH CIRCUIT ORDERED SUCH DISCLOSURES, A RULING IN DIRECT CONFLICT WITH DECISIONS BY THE SUPREME COURT AND OTHER CIRCUIT COURTS. STATUS: PENDING. NFIB FILED AMICUS BRIEF ON 10/20/11. REVIEW DENIED ON 1/9/12. O'NEIL V. CRANE - ASBESTOS REFORM CALIFORNIA SUPREME COURT VICTORY! THE ISSUE OF WHETHER A DEFENDANT SUCH AS A PUMP AND VALVE MAKER CAN BE HELD LIABLE FOR ASBESTOS PRODUCTS MADE BY ANOTHER COMPANY AND AFFIXED POST-SALE SUCH AS BY THE NAVY IS FREQUENTLY LITIGATED. THE FIRST DISTRICT APPELLATE COURT CHOSE TO FOLLOW WASHINGTON STATE, HOLDING THAT MANUFACTURERS ARE RESPONSIBLE ONLY FOR THEIR OWN PRODUCTS. THE PLAINTIFFS HAVE APPEALED. STATUS: DECIDED. AMICUS LETTER BRIEF FILED 11/12/09. COURT GRANTED CERT PETITION 12/24/09. AMICUS BRIEF FILED 2/22/10. COURT RULED ON 1/12/11 THAT THERE IS NO LIABILITY FOR PRODUCT MANUFACTURER UNLESS SAID PRODUCT CONTRIBUTED SUBSTANTIALLY TO THE HARM.
SUMMARY OF LEGAL CASES FOR 2011 (CONT.)   PPL MONTANA V. MONTANA - UNCONSTITUTIONAL TAKING OF PROPERTY U.S. SUPREME COURT THIS CASE STEMS FROM A MONTANA COURT DECISION REGARDING THE PROPERTY RIGHTS OF CERTAIN RIVERS. THE RESULT OF THE MONTANA DECISION IS THAT AFTER MORE THAN 100 YEARS, PRIVATE LANDOWNERS HAVE BEEN STRIPPED OF THEIR OWNERSHIP OF SO-CALLED NAVIGABLE RIVER PROPERTIES AND THE STATE IS CLAIMING MILLIONS IN RETROACTIVE RENT AND FEES STATUS: PENDING. AMICUS BRIEF FILED 9/7/2011 IN SUPPORT OF PROPERTY OWNERS. RITE AID - NLRB OPENS DOOR TO MORE STEALTH CARD CHECK AGREEMENTS IN A 3-2 DECISION ON AUGUST 27, THE BOARD VOTED TO REVIEW A LANDMARK 2007 CASE, DANA CORPORATION, IN WHICH IT GRANTED DISSENTING WORKERS THE RIGHT TO UNDO A SUCCESSFUL (I.E., EMPLOYER-RECOGNIZED) UNION CARD CHECK CAMPAIGN AND DEMAND A SECRET BALLOT ELECTION. PRIOR TO THIS DECISION, EMPLOYEES HAD NO WAY TO DEMAND AN ELECTION IF THE EMPLOYER AGREED TO RECOGNIZE A UNION BASED ON AUTHORIZATION CARDS. IN VOTING TO REVISIT THE DANA CASE, THE OBAMA NLRB HAS SIGNALED ITS INTENT TO DENY WORKERS THE ABILITY TO VOTE ACCORDING TO THEIR CONSCIENCE AND REMOVE AN UNWANTED UNION FROM THEIR WORKPLACE. NFIB HAS FILED AN AMICUS BRIEF WITH THE BOARD, URGING IT NOT TO REVOKE THE NEW PROTECTIONS ACCORDED TO WORKERS SWEPT INTO UNION RANKS THROUGH CARD CHECK FORCED UNIONISM. STATUS: PENDING. ROUNDY'S - MEANING OF "DISCRIMINATION" IN NONEMPLOYEE ACCESS CASES NATIONAL LABOR RELATIONS BOARD THE NLRB SOLICITED AMICUS BRIEFS TO RESOLVE THE ISSUE OF THE PROPER DEFINITION OF "DISCRIMINATION" IN CASES WHERE EMPLOYERS DENY NONEMPLOYEE UNION ORGANIZERS ACCESS TO THE EMPLOYER'S PROPERTY. THE NLRB'S INTERPRETATION OF THE CURRENT RULE FORCES BUSINESS OWNERS' TO PERMIT UNION ORGANIZERS TO CONDUCT A BOYCOTT ON THE BUSINESS' PRIVATE PROPERTY. NFIB ARGUED THAT IT IS WRONG TO REQUIRE A BUSINESS OWNER TO ALLOW UNION ORGANIZERS ONTO THEIR PRIVATE PROPERTY FOR THE PURPOSE OF HARMING THE BUSINESS. SINCE BOYCOTTS ARE ESPECIALLY DEVASTATING TO SMALL BUSINESSES, THE BOARD'S CURRENT INTERPRETATION IMPERMISSIBLY INTRUDES ON BUSINESS OWNER'S PRIVATE PROPERTY RIGHTS. STATUS: PENDING. FILED AMICUS BRIEF ON 1/7/11. SACKETT V. EPA - REGULATORY TAKING U.S. SUPREME COURT - CERT PETITION AND MERITS BRIEF THE CASE CONCERNS A CLEAN WATER ACT VIOLATION THAT THE ENVIRONMENTAL PROTECTION AGENCY ISSUED TO THE SACKETTS, LANDOWNERS IN IDAHO. EPA CLAIMS THE LAND IS SUBJECT TO THE CWA, AND WHEN THE SACKETTS PLACED FILL MATERIAL ON THE LOT FOR THE CONSTRUCTION OF A HOME, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER DIRECTING THE SACKETTS TO REMOVE THE FILL AND RESTORE THE LOT TO ITS ORIGINAL CONDITION. A THREE-JUDGE PANEL OF THE NINTH CIRCUIT RULED THEY CAN NOT GET JUDICIAL REVIEW UNLESS THEY FIRST GO THROUGH THE LIKELY FUTILE PROCESS OF APPLYING FOR A FEDERAL WETLANDS PERMIT; A PROCESS THAT COULD TAKE YEARS AND COST TENS OF THOUSANDS OF DOLLARS. STATUS: PENDING. NFIB AMICUS BRIEF FILED ON 3/25/11. COURT ACCEPTED REVIEW AND MERITS BRIEF FILED ON 9/30/11. SCHLAUD V. SNYDER- FIGHTING THE FORCED UNIONIZATION OF HOME DAY-CARE WORKERS UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN THIS CASE CONCERNS THE COMPULSORY UNIONIZATION OF HOME DAY CARE PROVIDERS WHERE INDEPENDENT BUSINESSES WILL BE FORCED TO PAY UNION DUES AND SERVICE FEES TO NATIONAL UNIONS, BUT THEIR EMPLOYEES WILL NOT HAVE ACCESS TO ANY OF THE BENEFITS TRADITIONALLY SOUGHT BY EMPLOYEES WHO UNIONIZE. STATUS: PENDING. NFIB AMICUS BRIEF FILED 3/17/11. SECRETARY OF LABOR V. AVCON, INC. AND ALTOR, INC. - FIGHTING OSHA AGAINST INCREASED LIABILITY U.S. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION VICTORY! IN ITS BRIEF, THE NFIB LEGAL CENTER ARGUED THAT OSHRC SHOULD NOT CHANGE EXISTING LAW AND PIERCE THE CORPORATE VEIL THEREBY CREATING PERSONAL LIABILITY FOR SMALL BUSINESS OWNERS. STATUS: DECIDED. NFIB AMICUS BRIEF FILED 03/24/04. IN MAY 2011 OSHRC AGREED THAT THERE WAS NO PERSONAL LIABILITY ON THE PART OF THE OWNERS BUT FOUND THE CORPORATE ENTITIES LIABLE FOR SAFETY CITATIONS. SECRETARY OF LABOR V. VOLKS CONSTRUCTORS A/K/A AKM LLC V. SECRETARY OF LABOR - FIGHTING TO UPHOLD OSHA'S STATUTE OF LIMITATIONS OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT THE NFIB LEGAL CENTER FILED A BRIEF ASKING OSHA'S REVIEW COMMISSION TO UPHOLD THE SIX-MONTH TIME LIMIT FOR OSHA TO ISSUE A CITATION FOR A RECORD-KEEPING VIOLATION. DESPITE THIS LAW, OSHA CONTINUES TO ISSUE CITATIONS FOR FAILING TO PROPERLY RECORD INJURIES IN ITS FORM 300 LOG FOR VIOLATIONS THAT HAVE OCCURRED UP TO FIVE YEARS AGO. THE NFIB LEGAL CENTER BELIEVES THAT MAKING SMALL BUSINESSES SPEND TIME AND MONEY TRYING TO RECALL THE FACTS AND FIND FORMER EMPLOYEES IN AN ATTEMPT TO DEFEND AGAINST STALE CLAIMS IS UNFAIR. STATUS: PENDING. NFIB AMICUS BRIEF FILED ON 11/27/07. IN A 2-1 DECISION, THE COMMISSION AFFIRMED OSHA'S AUTHORITY TO PUNISH EMPLOYERS FOR RECORDKEEPING VIOLATIONS THAT OCCURRED UP TO FIVE YEARS BEFORE THE EXPIRATION OF THE SIX-MONTH STATUTE OF LIMITATIONS GOVERNING SUCH RECORDKEEPING ERRORS, ON THE GROUNDS THAT IMPROPER RECORDKEEPING MAY CONSTITUTE A CONTINUING VIOLATION OF OSHA'S MANDATORY FIVE-YEAR RECORD RETENTION REGULATION. EMPLOYER APPEALED TO FEDERAL COURT. AMICUS BRIEF FILED 8/3/11. SEE'S CANDY SHOPS - WAGE AND HOUR (ROUNDING PRACTICES) CALIFORNIA SUPREME COURT - PETITION FOR REVIEW THIS CLASS ACTION INVOLVES A DISPUTE OVER WHETHER AN EMPLOYER PROPERLY CALCULATED THE TIME WORKED BY EMPLOYEES BY NEUTRALLY "ROUNDING" TIME ENTRIES TO THE NEAREST TENTH OF AN HOUR. BOTH THE CALIFORNIA DIVISION OF LABOR STANDARDS ENFORCEMENT (DLSE) AND FEDERAL LAW SAY YES. BUT A CALIFORNIA TRIAL COURT RULED THE EMPLOYER VIOLATED STATE AND FEDERAL WAGE AND HOUR LAW IN DOING SO. STATUS: PENDING. AMICUS LETTER BRIEF FILED IN SUPPORT OF THE EMPLOYER 11/23/11. SIMPKINS V. CSX TRANSPORTATION - WORKPLACE ASBESTOS EXPOSURE (PREMISES LIABILITY) SUPREME COURT OF ILLINOIS THE BRIEF ARGUES THAT PREMISES OWNERS, SUCH AS THE DEFENDANT RAILROAD, OWE NO LEGAL DUTY OF CARE TO REMOTE PLAINTIFFS ALLEGEDLY INJURED AS A RESULT OF SECONDHAND EXPOSURE TO ASBESTOS OR OTHER SUBSTANCES EMITTED IN THE WORKPLACE. THE SUBJECT ACTION INVOLVES THE ESTATE OF A WOMAN WHO WAS ALLEGEDLY EXPOSED TO ASBESTOS CARRIED HOME ON THE PERSON AND CLOTHING OF HER FORMER HUSBAND, WHO WORKED FOR THE DEFENDANT'S PREDECESSOR RAILROAD FROM 1958 TO 1964. STATUS: PENDING. AMICUS CURIAE BRIEF IN SUPPORT OF CSX TRANSPORTATION FILED 4/25/11. COURT DENIED AMICUS BRIEFS ON 5/31/11. SPECIALTY HEALTHCARE - NLRB DECIDES WHETHER "MICRO UNIONS" PERMITTED NATIONAL LABOR RELATIONS BOARD THE NLRB WILL SOON DECIDE WHETHER OR NOT LABOR UNIONS WILL BE ALLOWED TO BREAK OFF DIFFERENT SECTIONS OF WORKFORCES INTO SMALL GROUPS TO ORGANIZE FIVE OR 10 WORKERS AT A TIME INSTEAD OF THE WHOLE WORKPLACE AT ONCE - OR ORGANIZE USING "MICRO UNIONS." THE "MICRO UNIONS" WOULD ESSENTIALLY ALLOW LABOR ORGANIZERS TO SECTION OFF COMPANY EMPLOYEES BY SPECIFIC JOB DESCRIPTIONS. FOR EXAMPLE, IF A UNION WERE TRYING TO ORGANIZE A RESTAURANT STAFF, LEADERS WOULD TARGET SERVERS, BUSBOYS, DISHWASHERS, COOKS AND HOSTESSES SEPARATELY. STATUS: PENDING. AMICUS BRIEF FILED 3/7/11.
SUMMARY OF LEGAL CASES FOR 2011 (CONT.)   SPEED V. MISSISSIPPI - RESTRICTING EMINENT DOMAIN MISSISSIPPI SUPREME COURT VICTORY! THE SUIT SEEKS TO STOP THE SECRETARY OF STATE FROM PLACING A PROPOSED CONSTITUTIONAL AMENDMENT RESTRICTING EMINENT DOMAIN ON THE NOVEMBER 8, 2011 ELECTION BALLOT. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF THE BALLOT INITIATIVE ON 8/26/11. COURT HELD BALLOT INITIATIVE WAS APPROPRIATE AND PLACED ON THE BALLOT. STAPLETON V. CITIZENS NATIONAL - LEGAL REFORM KENTUCKY SUPREME COURT THE COURT IS REVIEWING WHETHER BUSINESS OWNERS OWE A DUTY TO CUSTOMERS TO WARN OR REMOVE NATURAL CONDITIONS SUCH AS SNOW AND ICE. THE CURRENT STANDARD, WHICH HAS BEEN IN PLACE FOR DECADES, IMPOSES NO SUCH DUTY UNLESS ACTIONS BY THE BUSINESS OWNER HEIGHTEN OR CONCEAL THE HAZARD OF THE NATURAL CONDITION. NFIB IS PARTICIPATING IN THIS CASE BECAUSE WE BELIEVE THAT OVERTURNING LONGTIME PRECEDENT ON THIS ISSUE WOULD BE AN UNREASONABLE BURDEN UPON BUSINESSES. STATUS: DECIDED. AMICUS BRIEF FILED JANUARY 2011. PARTIES SETTLED IN MAY 2011. STATE OF FLORIDA V. HHS - NFIB SUES TO STOP HEALTH CARE LAW U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ON MAY 14, 2010, NFIB JOINED THE MULTI-STATE LAWSUIT CHALLENGING THE CONSTITUTIONALITY OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. THE SUIT WAS FILED ON BEHALF OF NFIB BY THE NFIB SMALL BUSINESS LEGAL CENTER IN U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA. THERE ARE A NUMBER OF LEGAL CLAIMS IN THE LAWSUIT; HOWEVER, NFIB IS PRIMARILY CONCERNED ABOUT THE UNCONSTITUTIONALITY OF THE INDIVIDUAL MANDATE. NFIB STRONGLY BELIEVES THAT CONGRESS LACKS THE AUTHORITY TO FORCE AMERICANS TO PURCHASE A PRIVATE PRODUCT, SUCH AS HEALTH INSURANCE, OR FACE PAYING A PENALTY. ON JANUARY 31, 2011, FEDERAL DISTRICT JUDGE ROGER VINSON RULED THAT THE INDIVIDUAL MANDATE IN THE HEALTHCARE LAW IS UNCONSTITUTIONAL. JUDGE VINSON ALSO FOUND THAT THE MANDATE CAN NOT BE SEVERED FROM THE REST OF THE HEALTHCARE LAW, THE ENTIRE ACT MUST BE DECLARED VOID. THE GOVERNMENT HAS APPEALED JUDGE VINSON'S RULING TO THE ELEVENTH CIRCUIT WHERE BRIEFING IS SCHEDULED TO CONCLUDE IN MAY 2011. STATUS: PENDING. STAUB V. PROCTOR HOSPITAL - EMPLOYER LIABILITY FOR SUBORDINATE'S DISCRIMINATION U.S. SUPREME COURT THE ISSUE IS WHETHER AN EMPLOYER CAN BE HELD LIABLE BASED ON POTENTIALLY UNLAWFUL INTENT OF OFFICIALS WHO CAUSED OR INFLUENCED BUT DID NOT MAKE THE ULTIMATE EMPLOYMENT DECISION. THE EMPLOYEE ASSERTED THAT HE WAS FIRED BASED ON HIS ASSOCIATION WITH THE MILITARY. THE SEVENTH CIRCUIT HELD THAT NO REASONABLE JURY COULD HAVE CONCLUDED THAT THE PLAINTIFF WAS FIRED BECAUSE HE WAS A MEMBER OF THE MILITARY. STATUS: DECIDED. AMICUS BRIEF FILED 9/8/10. ORAL ARGUMENT SET FOR 11/2/10. COURT FOUND IN FAVOR OF THE PLAINTIFF ON 3/1/11. STEWART & JASPER ORCHARDS V. SALAZAR - UNCONSTITUTIONAL WATER RESTRICTIONS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT U.S. SUPREME COURT THE CENTRAL VALLEY PROJECT AND THE STATE WATER PROJECT ARE THE TWO WATER SYSTEMS THAT PUMP NECESSARY WATER FROM THE NORTH TO THE SOUTH. IN 2008, THE U.S. FISH AND WILDLIFE SERVICE (FWS) LIMITED THE AMOUNT OF WATER THAT CAN BE PUMPED THROUGH THE SYSTEMS BASED UPON ENVIRONMENTALISTS' ARGUMENTS THAT PUMPING THREATENED THE SMELT POPULATION. AS A RESULT, THOUSANDS OF SMALL BUSINESSES NO LONGER GET THE WATER THEY NEED TO SUSTAIN THEIR COMPANIES, LEADING TO NFIB'S DECISION TO PARTICIPATE IN THE LAWSUIT. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF FARMERS CHALLENGING THE FEDERAL WATER RESTRICTIONS ON 6/2/10. ORAL ARGUMENTS ON 2/15/11. IN MARCH 2011, THE COURT RULED THAT THE WATER RESTRICTIONS ARE CONSTITUTIONAL. AMICUS BRIEF FILED IN SUPPORT OF CERT PETITION TO U.S. SUPREME COURT 7/25/11. COURT DENIED CERT ON 10/31/11. THOMPSON V. NORTH AMERICAN STAINLESS - DEFINING SCOPE OF TITLE VII ANTI-RETALIATION BAR U.S. SUPREME COURT THE COURT WILL DETERMINE WHETHER TITLE VII'S ANTI-RETALIATION PROVISION PROTECTS AN EMPLOYEE WHO ALLEGED HE WAS TERMINATED IN RETALIATION FOR HIS THEN-FIANCE'S EEOC CLAIM ALLEGING SEX DISCRIMINATION. THE COMPANY ARGUED THAT HE WAS NOT RETALIATED AGAINST WITHIN THE MEANING OF TITLE VII BECAUSE THOMPSON DID NOT ACTIVELY OPPOSE ANY UNLAWFUL EMPLOYMENT PRACTICE OR PARTICIPATE IN ANY DISCRIMINATION PROCEEDING. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 10/29/10. ORAL ARGUMENT SET FOR 12/7/10. DECIDED 1/24/11 IN FAVOR OF PLAINTIFF. U.S. V. HOME CONCRETE & SUPPLY, LLC - CHALLENGING RETROACTIVE IRS RULE U.S. SUPREME COURT THE COURT IS BEING ASKED TO DETERMINE WHETHER A FINAL REGULATION PROMULGATED BY THE IRS, WHICH REFLECTS THE IRS'S VIEW THAT AN UNDERSTATEMENT OF GROSS INCOME ATTRIBUTABLE TO AN OVERSTATEMENT OF BASIS CAN TRIGGER THE EXTENDED SIX-YEAR ASSESSMENT PERIOD, IS ENTITLED TO JUDICIAL DEFERENCE. THIS CASE WILL HAVE IMPORTANT RAMIFICATIONS ON THE LEVEL OF DEFERENCE IRS REGULATIONS RECEIVE, SINCE THE RULE ESSENTIALLY OVERTURNS EXISTING SUPREME COURT PRECEDENT AND APPLIES RETROACTIVELY. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF RESPONDENT ON 12/22/11. VICKNAIR V. PHELPS DODGE - FORUM SHOPPING NORTH DAKOTA SUPREME COURT VICTORY! IN A MOVE AIMED TO CURB FORUM-SHOPPING PLAINTIFFS, DEFENDANT ARGUED THAT NORTH DAKOTA'S STATUTE OF LIMITATIONS APPLIES TO CLAIMS BROUGHT BY NONRESIDENTS WHO HAVE NO CONNECTION TO NORTH DAKOTA. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT ON 7/22/10. COURT RULED IN FAVOR OF DEFENDANTS AND THE TRIAL COURT'S DISMISSAL OF CLAIMS. WATTS V. COX MEDICAL CENTER - DAMAGE CAP MISSOURI SUPREME COURT THE COURT HAS BEEN ASKED TO DETERMINE THE CONSTITUTIONALITY OF MISSOURI'S DAMAGES CAP. STATUS: PENDING. AMICUS BRIEF FILED 12/30/11.
FORM 990 PROVIDED TO GOVERNING BODY PART VI, SECTION B: POLICIES, LINE 11 FOLLOWING AN INDEPENDENT AUDIT OF ITS FINANCIAL STATEMENTS, A DRAFT OF NFIB SMALL BUSINESS LEGAL CENTER'S FORM 990 IS PREPARED. THIS FORM 990 IS REVIEWED INTERNALLY BY NFIB'S TAX ACCOUNTANT, CONTROLLER/TREASURER, AND SVP/CFO. ANY QUESTIONS ARISING FROM THE INITIAL REVIEW ARE ADDRESSED TO ENSURE THE RETURN IS COMPLETE AND ACCURATE. ANY NECESSARY CHANGES/CORRECTIONS ARE MADE ON THE FORM 990 AND THE RETURN AGAIN GOES THROUGH NFIB SMALL BUSINESS LEGAL CENTER'S INTERNAL REVIEW PROCESS. UPON APPROVAL OF THE SVP/CFO, THE FINAL RETURN IS FILED WITH THE INTERNAL REVENUE SERVICE. THE FINAL RETURN IS MADE AVAILABLE TO THE BOARD OF DIRECTORS FOR REVIEW.
WRITTEN CONFLICT OF INTEREST POLICY PART VI, SECTION B: POLICIES, LINE 12 EVERY BOARD MEMBER, OFFICER, AND KEY EMPLOYEE OF NFIB SMALL BUSINESS LEGAL CENTER IS REQUIRED TO DISCLOSE ANY ACTUAL OR POTENTIAL CONFLICTS OF INTEREST ON AN ANNUAL BASIS.
PROCESS OF DETERMINING COMPENSATION FOR OFFICERS AND OTHER KEY EMPLOYEES PART VI, SECTION B: POLICIES, LINE 15 THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS IS RESPONSIBLE FOR DETERMINING COMPENSATION FOR THE CEO, CFO, SECRETARY AND CERTAIN KEY EMPLOYEES OF THE ORGANIZATION. THE TREASURER'S AND EXECUTIVE DIRECTOR'S COMPENSATION IS REVIEWED AND SET BY THE CEO. IN LATE 2010, AN OUTSIDE COMPENSATION CONSULTING FIRM WAS ENGAGED TO PROVIDE EXPERT ANALYSES REGARDING THE REASONABLENESS OF THE TOTAL COMPENSATION PACKAGE FOR THE EXECUTIVES OF NFIB AND ITS AFFILIATED ORGANIZATIONS. THE 2010 RESULTS WERE PROVIDED TO THE CHAIRMAN OF THE BOARD FOR THE EXECUTIVE COMMITTEE AT THEIR JANUARY 2012 MEETING. THE COMMITTEE RELIES ON THIS INDEPENDENT REVIEW TO ENSURE THAT REASONABLE COMPENSATION IS PAID TO THE CEO, CFO, SECRETARY AND CERTAIN KEY EMPLOYEES. THE COMMITTEE'S PHILOSOPHY IS TO ENSURE THAT THE COMPENSATION FOR THESE POSITIONS RELATIVE TO MARKET COMPARISONS IS COMPETITIVE IN ORDER TO ATTRACT, RETAIN AND MOTIVATE QUALIFIED EMPLOYEES WHILE NOT BEING AT THE TOP OF THE RANGE. THE COMMITTEE SETS THE COMPENSATION FOR THE CEO, CFO, SECRETARY AND CERTAIN KEY EMPLOYEES EACH YEAR DURING THEIR MEETING WHICH IS TYPICALLY HELD IN JANUARY OR FEBRUARY. MINUTES FROM THESE ANNUAL MEETINGS ARE TAKEN BY THE CORPORATE SECRETARY DURING THE MEETING. WHEN THE MINUTES ARE REVIEWED AND APPROVED, THEY ARE RETAINED WITH ALL OTHER CORPORATE RECORDS.
DOCUMENTS AVAILABLE TO THE PUBLIC FORM 990, PART VI, LINE 19 IT IS NFIB SMALL BUSINESS LEGAL CENTER'S ("THE CENTER") POLICY TO MAKE AVAILABLE FOR PUBLIC INSPECTION, UPON REQUEST, EITHER WRITTEN OR IN PERSON, ITS EXEMPTION APPLICATION, SUPPORTING DOCUMENTS AND ANY LETTER OR DOCUMENT ISSUED BY THE IRS CONCERNING THE APPLICATION. THE CENTER ALSO MAKES AVAILABLE FOR PUBLIC INSPECTION AND COPYING, UPON REQUEST, EITHER WRITTEN OR IN PERSON, ITS FEDERAL FORM 990, RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX. THE FORM 990 IS AVAILABLE FOR A THREE-YEAR PERIOD BEGINNING WITH THE DUE DATE OF THE RETURN (INCLUDING ANY EXTENSION OF TIME FOR FILING). THE FOUNDATION'S CONFLICT OF INTEREST POLICY IS ALSO AVAILABLE TO THE PUBLIC UPON REQUEST, EITHER WRITTEN OR IN PERSON.
HOURS DEVOTED FOR RELATED ORGANIZATION FORM 990 PART VII NAME:DONALD A DANNER TITLE:PRESIDENT/CEO HOURS:40
HOURS DEVOTED FOR RELATED ORGANIZATION FORM 990 PART VII NAME:MARY BLASINSKY TITLE:SVP/SECRETARY HOURS:40
HOURS DEVOTED FOR RELATED ORGANIZATION FORM 990 PART VII NAME:TAMMY S BOEHMS TITLE:SVP/CFO HOURS:40
HOURS DEVOTED FOR RELATED ORGANIZATION FORM 990 PART VII NAME:JEFF SMITH TITLE:TREASURER HOURS:40
HOURS DEVOTED FOR RELATED ORGANIZATION FORM 990 PART VII NAME:SUSAN M ECKERLY TITLE:SVP HOURS:35
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.
Cat. No. 51056K
Schedule O (Form 990 or 990-EZ) 2011

Additional Data


Software ID:  
Software Version:  
SCHEDULE R
(Form 990)

Department of the Treasury
Internal Revenue Service
Related Organizations and Unrelated Partnerships
MediumBulletComplete if the organization answered "Yes" to Form 990, Part IV, line 33, 34, 35, 36, or 37.
MediumBulletAttach to Form 990. MediumBullet See separate instructions.

OMB No. 1545-0047
2011
Open to Public Inspection
Name of the organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Part I
Identification of Disregarded Entities (Complete if the organization answered "Yes" on Form 990, Part IV, line 33.)
(a)
Name, address, and EIN of disregarded entity


(b)
Primary activity


(c)
Legal domicile (state
or foreign country)

(d)
Total income



(e)
End-of-year assets


(f)
Direct controlling
entity



















Part II
Identification of Related Tax-Exempt Organizations (Complete if the organization answered "Yes" on Form 990, Part IV, line 34 because it had one or more related tax-exempt organizations during the tax year.)
(a)
Name, address, and EIN of related organization


(b)
Primary activity


(c)
Legal domicile (state
or foreign country)

(d)
Exempt Code section



(e)
Public charity status
(if section 501(c)(3))

(f)
Direct controlling
entity

(g)
Section 512(b)(13) controlled organization
Yes No
(1) NATIONAL FEDERATION OF INDEPENDENT BUS

53 CENTURY BLVD SUITE 250

NASHVILLE,TN37214
94-0707299
MEM. REPRES. CA 501(C)(6) N/A NA
 
 
 
(2) NFIB RESEARCH FOUNDATION

53 CENTURY BLVD SUITE 250

NASHVILLE,TN37214
04-3592337
RESEARCH TN 501(C)(3) SUP. ORG. I NFIB
 
 
 
(3) NFIB YOUNG ENTREPRENEUR FOUNDATION

53 CENTURY BLVD SUITE 250

NASHVILLE,TN37214
62-1557196
EDUCATION TN 501(C)(3) SUP. ORG. I NFIB
 
 
 
(4) NFIB SAVE AMERICAS FREE ENTERPRISE TRUST

53 CENTURY BLVD SUITE 250

NASHVILLE,TN37214
94-2532364
PAC CA 527 N/A NFIB
 
 
 
(5) NFIB THE VOICE OF FREE ENTERPRISE

53 CENTURY BLVD SUITE 250

NASHVILLE,TN37214
27-3615830
SOC. WELFARE TN 501(C)(4) N/A NFIB
 
 
 




For Privacy Act and Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 50135Y
Schedule R (Form 990) 2011
Schedule R (Form 990) 2011
Page 2
Part III
Identification of Related Organizations Taxable as a Partnership (Complete if the organization answered "Yes" on Form 990, Part IV, line 34 because it had one or more related organizations treated as a partnership during the tax year.)
(a)
Name, address, and EIN of
related organization



(b)
Primary activity




(c)
Legal
domicile
(state or foreign
country)


(d)
Direct controlling
entity



(e)
Predominant income(related, unrelated, excluded from tax under sections 512-514)

(f)
Share of total income




(g)
Share of end-of-year
assets



(h)
Disproprtionate allocations?




(i)
Code V—UBI
amount in box 20 of
Schedule K-1
(Form 1065)
(j)
General or
managing
partner?



(k)
Percentage
ownership


Yes No Yes No












Part IV
Identification of Related Organizations Taxable as a Corporation or Trust (Complete if the organization answered "Yes" on Form 990, Part IV, line 34 because it had one or more related organizations treated as a corporation or trust during the tax year.)
(a)
Name, address, and EIN of related organization



(b)
Primary activity



(c)
Legal domicile
(state or
foreign
country)
(d)
Direct controlling
entity


(e)
Type of entity
(C corp, S corp,
or trust)

(f)
Share of total income



(g)
Share of
end-of-year
assets

(h)
Percentage
ownership


(1) NFIB MEMBER SERVICES CORPORATION
53 CENTURY BLVD SUITE 250
NASHVILLE,TN372143682
94-2899404
MEMBER BENEFITS CA NA
 
C      












Schedule R (Form 990) 2011
Schedule R (Form 990) 2011
Page 3
Part V
Transactions With Related Organizations (Complete if the organization answered "Yes" on Form 990, Part IV, line 34, 35, 35A, or 36.)
Note. Complete line 1 if any entity is listed in Parts II, III or IV.
Yes
No
1 During the tax year, did the orgranization engage in any of the following transactions with one or more related organizations listed in Parts II-IV?
a Receipt of (i) interest (ii) annuities (iii) royalties (iv) rent from a controlled entity . . . . . . . . . . . . . . . . . . . . . . .
1a
 
No
b Gift, grant, or capital contribution to related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1b
 
No
c Gift, grant, or capital contribution from related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1c
Yes
 
d Loans or loan guarantees to or for related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1d
 
No
e Loans or loan guarantees by related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1e
 
No
f Sale of assets to related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1f
 
No
g Purchase of assets from related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1g
 
No
h Exchange of assets with related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1h
 
No
i Lease of facilities, equipment, or other assets to related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1i
 
No
j Lease of facilities, equipment, or other assets from related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . .
1j
 
No
k Performance of services or membership or fundraising solicitations for related organization(s) . . . . . . . . . . . . . . . . . . . .
1k
 
No
l Performance of services or membership or fundraising solicitations by related organization(s) . . . . . . . . . . . . . . . . . . . .
1l
 
No
m Sharing of facilities, equipment, mailing lists, or other assets with related organization(s) . . . . . . . . . . . . . . . . . . . . .
1m
Yes
 
n Sharing of paid employees with related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1n
Yes
 
o Reimbursement paid to related organization(s) for expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1o
Yes
 
p Reimbursement paid by related organization(s) for expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1p
Yes
 
q Other transfer of cash or property to related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1q
 
No
r Other transfer of cash or property from related organization(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1r
 
No
2
If the answer to any of the above is "Yes," see the instructions for information on who must complete this line, including covered relationships and transaction thresholds.
(a)
Name of other organization
(b)
Transaction
type(a-r)
(c)
Amount involved
(d)
Method of determining amount involved
(1) NFIB YOUNG ENTREPRENEUR FOUNDATION

LINE 195,358  
(2) NATIONAL FEDERATION OF INDEPENDENT BUSINESS

LINE 201,681  
(3) NATIONAL FEDERATION OF INDEPENDENT BUSINESS

LINE 114,611  
(4) NATIONAL FEDERATION OF INDEPENDENT BUSINESS

LINE 174,979  
(5)

(6)

Schedule R (Form 990) 2011
Schedule R (Form 990) 2011
Page 4
Part VI
Unrelated Organizations Taxable as a Partnership (Complete if the organization answered "Yes" on Form 990, Part IV, line 37.)
Provide the following information for each entity taxed as a partnership through which the organization conducted more than five percent of its activities (measured by total assets or gross revenue) that was not a related organization. See instructions regarding exclusion for certain investment partnerships.
(a)
Name, address, and EIN of entity
(b)
Primary activity
(c)
Legal domicile
(state or foreign
country)
(d)
Predominant income(related, unrelated, excluded from tax under sections 512-514)

(e)
Are all
partners
section
501(c)(3)
organizations?
(f)
Share of total income




(g)
Share of
end-of-year
assets
(h)
Disproprtionate allocations?
(i)
Code V—UBI
amount in box
20 of Schedule K-1
(Form 1065)
(j)
General or
managing
partner?
(k)
Percentage
ownership


Yes No Yes No Yes No






























Schedule R (Form 990) 2011
Schedule R (Form 990) 2011
Page 5
Part VII
Supplemental Information
Complete this part to provide additional information for responses to questions on Schedule R (see instructions).
Identifier Return Reference Explanation
Additional Data


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