Form990
Click to see attachment
Department of the TreasuryInternal Revenue Service
Return of Organization Exempt From Income Tax
Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private
foundations)
MediumBullet Do not enter social security numbers on this form as it may be made public.
MediumBullet Information about Form 990 and its instructions is at www.IRS.gov/form990.
OMB No. 1545-0047
2015
Open to Public Inspection
A For the 2015 calendar year, or tax year beginning 01-01-2015 , and ending 12-31-2015
BCheck if applicable:
CName of organization
NFIB SMALL BUSINESS LEGAL CENTER
 
% JEFF SMITH
Doing business as
 
 
Number and street (or P.O. box if mail is not delivered to street address)
53 CENTURY BOULEVARD Suite 250
 
Room/suite
City or town, state or province, country, and ZIP or foreign postal code
NASHVILLE, TN372143682
D Employer identification number

62-1570449
E Telephone number

G Gross receipts $ 1,534,832
F Name and address of principal officer:
JUANITA D DUGGAN
1201 F ST NW SUITE 200
WASHINGTON,DC20004
I
Tax-exempt status: (   ) LeftBullet (insert no.) or
J
Website:MediumBullet
WWW.NFIB.COM/FOUNDATIONS/LEGAL-CENTER
H(a)
Is this a group return for
subordinates?
H(b)
Are all subordinates
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 2015 (Part V, line 2a) ...... 5 4
6 Total number of volunteers (estimate if necessary) ............. 6 16
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 0
Revenues Prior Year Current Year
8 Contributions and grants (Part VIII, line 1h) ......... 1,149,672 1,534,089
9 Program service revenue (Part VIII, line 2g) ......... 0 0
10 Investment income (Part VIII, column (A), lines 3, 4, and 7d ) .... 226 743
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) 1,149,898 1,534,832
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) 653,677 642,348
16a Professional fundraising fees (Part IX, column (A), line 11e) ..... 32,662 30,344
b Total fundraising expenses (Part IX, column (D), line 25) MediumBullet232,850    
17 Other expenses (Part IX, column (A), lines 11a–11d, 11f–24e).... 480,673 829,781
18 Total expenses. Add lines 13–17 (must equal Part IX, column (A), line 25) 1,167,012 1,502,473
19 Revenue less expenses. Subtract line 18 from line 12....... -17,114 32,359
Net Assets or Fund Balances; Beginning of Current Year End of Year
20 Total assets (Part X, line 16)............. 301,075 353,598
21 Total liabilities (Part X, line 26)............. 123,391 143,555
22 Net assets or fund balances. Subtract line 21 from line 20..... 177,684 210,043
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 MediumBullet
Firm's EIN MediumBullet
Firm's address MediumBullet



Phone no.
May the IRS discuss this return with the preparer shown above? (see instructions) ..........
For Paperwork Reduction Act Notice, see the separate instructions.
Cat. No. 11282Y Form 990 (2015)
Form 990 (2015)
Page 2
Part III
Statement of Program Service Accomplishments
Check if Schedule O contains a response or note to any line 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 ORGANIZATION 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 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 $ 1,230,360 including grants of $   ) (Revenue $   )
SEE SCHEDULE O FOR SUMMARY OF 2015 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 expensesMediumBullet1,230,360
Form 990 (2015)
Form 990 (2015)
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 (see instructions)? 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, or have a section 501(h) election in effect during the tax year? 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
 
No
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 for escrow or custodial account liability; 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 IVClick 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, line 10?
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 VIIClick 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 VIIIClick 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 IXClick to see attachment............
11d
 
No
e
Did the organization report an amount for other liabilities in Part X, line 25? If "Yes," complete Schedule D, Part XClick 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 XClick 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 and XII 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 and XII 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, Parts I and IV.........
14b
 
No
15
Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or other assistance to or for any foreign organization? If “Yes,” complete Schedule F, Parts II and IV.....
15
 
No
16
Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to or for foreign individuals? If “Yes,” complete Schedule F, Parts III and IV...
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 (see instructions) ....Click to see attachment
17
Yes
 
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............ Click to see attachment
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...................Click to see attachment
19
 
No
20a
Did the organization operate one or more hospital facilities? If "Yes," complete Schedule H....
20a
 
No
b
If "Yes" to line 20a, did the organization attach a copy of its audited financial statements to this return?
20b
 
 
Form 990 (2015)
Form 990 (2015)
Page 4
Part IV
Checklist of Required Schedules (continued)
21
Did the organization report more than $5,000 of grants or other assistance to any domestic organization or domestic government 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 or other assistance to or for domestic individuals 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, line 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 lines 24b through 24d and complete Schedule K. If “No,” go to line 25a...............
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), 501(c)(4), and 501(c)(29) 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
Did the organization report any amount on Part X, line 5, 6, or 22 for receivables from or payables to any current or former officers, directors, trustees, key employees, highest compensated employees, or disqualified persons? 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 direct or indirect 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, Part II, III, or IV, and Part 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 11b and 19? Note. All Form 990 filers are required to complete Schedule O. ............
38
Yes
 
Form 990 (2015)
Form 990 (2015)
Page 5
Part V
Statements Regarding Other IRS Filings and Tax Compliance
Check if Schedule O contains a response or note to any line in this Part V...........
Yes
No
1a
Enter the number reported in Box 3 of Form 1096 Enter -0- if not applicable ..
1a
26
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
4
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” to line 3b, 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, securities account, or other financial account)? ..
4a
 
No
b
If "Yes," enter the name of the foreign country: MediumBullet
See instructions for filing requirements for FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR).
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 as charitable contributions? ...
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.
Did a donor advised fund maintained by the sponsoring organization have excess business holdings at any time during the year? .........................
8
 
 
9a
Did the sponsoring organization make any taxable distributions under section 4966?...
9a
 
 
b
Did the sponsoring 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.
See the instructions for additional information the organization must report on Schedule O.
13a
 
 
b
Enter the 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 amount of reserves on hand ............
13c
 
14a
Did the organization receive any payments for indoor tanning services during the tax year?.....
14a
 
No
b
If "Yes," has it filed a Form 720 to report these payments? If "No," provide an explanation in Schedule O..
14b
 
 
Form 990 (2015)
Form 990 (2015)
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 or note to any line 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
1a
15
If there are material differences in voting rights among members of the governing body, or if the governing body delegated broad authority to an executive committee or similar committee, explain in Schedule O.
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 this 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
 
No
b
Other officers or key employees of the organization ................
15b
 
No
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 , NV , 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, address, and telephone number of the person who possesses the organization's books and records:
MediumBulletJEFF SMITH53 CENTURY BLVD SUITE 250   NASHVILLE,TN372143682 (615) 872-5800
Form 990 (2015)
Form 990 (2015)
Page 7
Part VII
Compensation of Officers, Directors,Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors
Check if Schedule O contains a response or note to any line 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. 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 organization compensated any current officer, director, or trustee.
(A)
Name and Title
(B)
Average hours per week (list any hours for related organizations below dotted line)
(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; OfficerInd; Key Employee; Highest compensated employee; FormerOfcrDirectorTrusteeInd;
(1) STEVE SCHRAMM......................................................................
CHAIRMAN
0.25
.................
2.0
X           0 36,872 250
(2) DAVID M GUERNSEY......................................................................
DIRECTOR
0.25
.................
2.0
X           0 17,700 250
(3) MARIA COAKLEY DAVID......................................................................
DIRECTOR
0.25
.................
2.0
X           0 25,455 250
(4) NEVIN GROCE......................................................................
DIRECTOR
0.25
.................
2.0
X           0 24,546 250
(5) BETTY NEIGHBORS......................................................................
DIRECTOR
0.25
.................
2.0
X           0 20,158 250
(6) KURT SUMMERS......................................................................
DIRECTOR
0.25
.................
2.0
X           0 24,736 250
(7) BRUCE O'DONOGHUE......................................................................
DIRECTOR
0.25
.................
2.0
X           0 24,000 250
(8) JEFF READY......................................................................
DIRECTOR
0.25
.................
2.0
X           0 19,200 250
(9) JOSE VILLA......................................................................
DIRECTOR
0.25
.................
2.0
X           0 19,851 250
(10) SHERRY WUEBBEN......................................................................
DIRECTOR
0.25
.................
2.0
X           0 22,500 250
(11) TOM BRYCE......................................................................
DIRECTOR
0.25
.................
2.0
X           0 24,667 250
(12) PATTI MELLARD......................................................................
DIRECTOR
0.25
.................
2.0
X           0 18,436 206
(13) DOUGLASS HENRY......................................................................
DIRECTOR
0.25
.................
2.0
X           0 19,200 250
(14) GREG POWELL......................................................................
DIRECTOR
0.25
.................
2.0
X           0 19,200 250
(15) DONALD A DANNER......................................................................
PRESIDENT/CEO
1.0
.................
39.0
X   X       0 856,116 35,039
(16) MARY BLASINSKY......................................................................
SVP/SECRETARY
1.0
.................
39.0
    X       0 329,532 34,886
(17) TAMMY S BOEHMS......................................................................
SVP/CFO
1.0
.................
39.0
    X       0 409,848 25,984
Form 990 (2015)
Form 990 (2015)
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 (list any hours for related organizations below dotted line)
(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; OfficerInd; Key Employee; Highest compensated employee; FormerOfcrDirectorTrusteeInd;
(18) JEFF SMITH........................................................................
TREASURER
1.0
.......................39.0
    X       0 193,757 31,378
(19) BRAD CLOSE........................................................................
SVP
1.0
.......................39.0
    X       0 298,301 40,907
(20) KAREN R HARNED........................................................................
EXECUTIVE DIRECTOR
40.0
.......................0.0
    X       225,846 0 22,233
(21) BETH MILITO........................................................................
SENIOR EXECUTIVE COUNSEL
40.0
.......................0.0
        X   188,627 0 7,752


















1b Sub-Total................MediumBullet
c Total from continuation sheets to Part VII, Section A....MediumBullet
d Total (add lines 1b and 1c)...........MediumBullet 414,473 2,404,075 201,635
2
Total number of individuals (including but not limited to those listed above) who received more than $100,000 of reportable compensation from the organization MediumBullet2
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
KIRKLAND ELLIS LLP,
655 FIFTEENTH STREET NW
WASHINGTON,DC20005
LEGAL SERVICES 108,234
CASS ASSOCIATES PC,
10560 FOX FOREST DRIVE
GREAT FALLS,VA220661743
LEGAL SERVICES 125,000
2
Total number of independent contractors (including but not limited to those listed above) who received more than $100,000 of compensation from the organization MediumBullet2
Form 990 (2015)
Form 990 (2015)
Page 9
Part VIII
Statement of Revenue
Check if Schedule O contains a response or note to any line in this Part VIII .............
(A)
Total revenue
(B)
Related or
exempt
function
revenue
(C)
Unrelated
business
revenue
(D)
Revenue
excluded from
tax under sections
512-514
Contributions, Gifts, GrantAmt and OtherAmt Similar Amounts 1a Federated campaigns..1a  
b Membership dues..1b  
c Fundraising events..1c  
d Related organizations1d 532,252
e Government grants (contributions)1e  
f All other contributions, gifts, grants, and similar amounts not included above1f 1,001,837
g Noncash contributions included in lines 1a-1f:$  
h Total.Add lines 1a-1f.......MediumBullet 1,534,089
 Program Service RevenueAmt Business Code
2a
b
c
d
e
f All other program service revenue.        
g Total.Add lines 2a–2f.....MediumBullet 0
 OtherAmt RevenueAmt 3 Investment income (including dividends, interest, and othersimilar amounts) ..........MediumBullet 743 0 0 743
4 Income from investment of tax-exempt bond proceedsMediumBullet 0      
5 Royalties...........MediumBullet 0      
(ii) Personal (i) Real
6a Gross rents    
b Less: rental expenses    
c Rental income or (loss) 0 0
d Net rental income or (loss)......MediumBullet 0      
(ii) Other (i) Securities
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      
Business Code Miscellaneous Revenue
11a            
b            
c            
d All other revenue ....        
e Total. Add lines 11a–11d ...... MediumBullet 0
12 Total revenue. See Instructions......MediumBullet 1,534,832 0 0 743
Form 990 (2015)
Form 990 (2015)
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).Check if Schedule O contains a response or note to any line 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 domestic organizations and domestic governments. 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 .... 248,079 248,079    
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 309,048 309,048    
8 Pension plan accruals and contributions (include section 401(k) and 403(b) employer contributions) .... 0      
9 Other employee benefits ....... 55,502 55,502    
10 Payroll taxes ........... 29,719 29,719    
11 Fees for services (non-employees):        
a Management ...... 0      
b Legal ......... 522,243 522,243    
c Accounting ........... 12,797   12,797  
d Lobbying ........... 0      
e Professional fundraising services. See Part IV, line 17 30,344 30,344
f Investment management fees ...... 0      
g Other (If line 11g amount exceeds 10% of line 25, column (A) amount, list line 11g expenses on Schedule O) 91,786 1,057 375 90,354
12 Advertising and promotion .... 10,000 10,000    
13 Office expenses ....... 161,149 31,561 17,436 112,152
14 Information technology ...... 0      
15 Royalties .. 0      
16 Occupancy ........... 0      
17 Travel ............ 28,886 20,231 8,655  
18 Payments of travel or entertainment expenses for any federal, state, or local public officials . 0      
19 Conferences, conventions, and meetings .... 2,920 2,920    
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 24e. If line 24e amount exceeds 10% of line 25, column (A) amount, list line 24e expenses on Schedule O.)
a
b
c
d
e All other expenses        
25 Total functional expenses. Add lines 1 through 24e 1,502,473 1,230,360 39,263 232,850
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 (2015)
Form 990 (2015)
Page 11
Part X
Balance Sheet
Check if Schedule O contains a response or note to any line in this Part IX ..............
(A)
Beginning of year
(B)
End of year
Assets 1 Cash–non-interest-bearing ........ 0 1 0
2 Savings and temporary cash investments ......... 269,600 2 324,323
3 Pledges and grants receivable, net ...... 23,600 3 19,315
4 Accounts receivable, net ............. 0 4 0
5 Loans and other receivables from current and former officers, directors, trustees, key employees, and highest compensated employees. Complete Part II of Schedule L
0 5 0
6 Loans and other receivables from other disqualified persons (as defined under section 4958(f)(1)), persons described in section 4958(c)(3)(B), and contributing employers and sponsoring organizations of section 501(c)(9) voluntary employees' beneficiary organizations (see instructions) 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 3,068
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 ........... 7,875 15 6,892
16 Total assets. Add lines 1 through 15 (must equal line 34)... 301,075 16 353,598
Liabilities 17 Accounts payable and accrued expenses ..... 69,728 17 81,514
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 Loans and other 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 53,663 25 62,041
26 Total liabilities. Add lines 17 through 25.. 123,391 26 143,555
Net Assets or Fund Balance Organizations that follow SFAS 117 (ASC 958), check here MediumBullet and complete lines 27 through 29, and lines 33 and 34.
27 Unrestricted net assets 177,684 27 210,043
28 Temporarily restricted net assets ........... 0 28 0
29 Permanently restricted net assets 0 29 0
Organizations that do not follow SFAS 117 (ASC 958), 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 ........... 177,684 33 210,043
34 Total liabilities and net assets/fund balances ........ 301,075 34 353,598
Form 990 (2015)
Form 990 (2015)
Page 12
Part XI
Reconcilliation of Net Assets
Check if Schedule O contains a response or note to any line in this Part XI ..............
1
Total revenue (must equal Part VIII, column (A), line 12) ............
1
1,534,832
2
Total expenses (must equal Part IX, column (A), line 25) ............
2
1,502,473
3
Revenue less expenses. Subtract line 2 from line 1 ..............
3
32,359
4
Net assets or fund balances at beginning of year (must equal Part X, line 33, column (A)) ..
4
177,684
5
Net unrealized gains (losses) on investments ...............
5
 
6
Donated services and use of facilities .................
6
 
7
Investment expenses .....................
7
 
8
Prior period adjustments .....................
8
 
9
Other changes in net assets or fund balances (explain in Schedule O) ........
9
 
10
Net assets or fund balances at end of year. Combine lines 3 through 9 (must equal Part X, line 33, column (B))
10
210,043
Part XII
Financial Statements and Reporting
Check if Schedule O contains a response or note to any line 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
If ‘Yes,’ check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis, consolidated basis, or both:
b
Were the organization’s financial statements audited by an independent accountant?
2b
Yes
 
If ‘Yes,’ check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both:
c
If "Yes," to line 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?
2c
Yes
 
If the organization changed either its oversight process or selection process during the tax year, explain in Schedule O.
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 (2015)
Form 990 (2015)
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 Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2015
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
6
7
8
9
10
11
a
b
c
d
e
f
Enter the number of supported organizations .............. 1

g
Provide the following information about the supported organization(s).
(i)Name of supported organization (ii) EIN (iii) Type of organization (described on lines 1- 9 above (see instructions)) (iv) Is the organization listed in your governing document? (v) Amount of monetary support (see instructions) (vi) Amount of other support (see instructions)
Yes No
(A) NFIB INC
 
940707299 9 Yes   0 0
Total 1 0 0

For Paperwork Reduction Act Notice, see the Instructions for
Form 990 or 990-EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2015

Schedule A (Form 990 or 990-EZ) 2015
Page 2
Part II
Support Schedule for Organizations Described in Sections 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) right arrow (a) 2011 (b) 2012 (c) 2013 (d) 2014 (e) 2015 (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) right arrow (a) 2011 (b) 2012 (c) 2013 (d) 2014 (e) 2015 (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. Do not include gain or loss from the sale of capital assets (Explain in Part VI.)..            
11 Total support. Add lines 7 through 10.  
12
12
 
13
First five years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stop here........................................right arrow
Section C. Computation of Public Support Percentage
14
14
 
15
15
 
16a
b
17a
b
18
Private foundation. If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions ..................................................... right arrow
Schedule A (Form 990 or 990-EZ) 2015

Schedule A (Form 990 or 990-EZ) 2015
Page 3
Part III
Support Schedule for Organizations Described in Section 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) right arrow (a) 2011 (b) 2012 (c) 2013 (d) 2014 (e) 2015 (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) right arrow (a) 2011 (b) 2012 (c) 2013 (d) 2014 (e) 2015 (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 VI.) ..            
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) 2015

Schedule A (Form 990 or 990-EZ) 2015
Page 4
Part IV
Supporting Organizations
(Complete only if you checked a box on line 11 of Part I. If you checked 11a of Part I, complete Sections A and B. If you checked 11b of Part I, complete Sections A and C. If you checked 11c of Part I, complete Sections A, D, and E. If you checked 11d of Part I, complete Sections A and D, and complete Part V.)
Section A. All Supporting Organizations
Yes
No
1
Are all of the organization’s supported organizations listed by name in the organization’s governing documents?
If "No," describe in Part VI how the supported organizations are designated. If designated by class or purpose,
describe the designation. If historic and continuing relationship, explain.
1
Yes
 
2
Did the organization have any supported organization that does not have an IRS determination of status under section 509(a)(1) or (2)? If "Yes," explain in Part VI how the organization determined that the supported organization was described in section 509(a)(1) or (2).
2
 
No
3a
Did the organization have a supported organization described in section 501(c)(4), (5), or (6)? If "Yes," answer (b) and (c) below.
3a
Yes
 
b
Did the organization confirm that each supported organization qualified under section 501(c)(4), (5), or (6) and satisfied the public support tests under section 509(a)(2)? If "Yes," describe in Part VI when and how the organization made the determination.
3b
Yes
 
c
Did the organization ensure that all support to such organizations was used exclusively for section 170(c)(2)(B) purposes? If "Yes," explain in Part VI what controls the organization put in place to ensure such use.
3c
Yes
 
4a
Was any supported organization not organized in the United States ("foreign supported organization")? If “Yes” and if you checked 11a or 11b in Part I, answer (b) and (c) below.
4a
 
No
b
Did the organization have ultimate control and discretion in deciding whether to make grants to the foreign supported organization? If “Yes,” describe in Part VI how the organization had such control and discretion despite being controlled or supervised by or in connection with its supported organizations.
4b
 
 
c
Did the organization support any foreign supported organization that does not have an IRS determination under sections 501(c)(3) and 509(a)(1) or (2)? If “Yes,” explain in Part VI what controls the organization used to ensure that all support to the foreign supported organization was used exclusively for section 170(c)(2)(B) purposes.
4c
 
 
5a
Did the organization add, substitute, or remove any supported organizations during the tax year? If “Yes,” answer (b) and (c) below (if applicable). Also, provide detail in Part VI, including (i) the names and EIN numbers of the supported organizations added, substituted, or removed; (ii) the reasons for each such action; (iii) the authority under the organization's organizing document authorizing such action; and (iv) how the action was accomplished (such as by amendment to the organizing document).
5a
 
No
b
Type I or Type II only. Was any added or substituted supported organization part of a class already designated in the organization's organizing document?
5b
 
 
c
Substitutions only. Was the substitution the result of an event beyond the organization's control?
5c
 
 
6
Did the organization provide support (whether in the form of grants or the provision of services or facilities) to anyone other than (i) its supported organizations, (ii) individuals that are part of the charitable class benefited by one or more of its supported organizations, or (iii) other supporting organizations that also support or benefit one or more of the filing organization’s supported organizations? If “Yes,” provide detail in Part VI.
6
 
No
7
Did the organization provide a grant, loan, compensation, or other similar payment to a substantial contributor (defined in section 4958(c)(3)(C)), a family member of a substantial contributor, or a 35% controlled entity with regard to a substantial contributor? If “Yes,” complete Part I of Schedule L (Form 990 or 990-EZ) .
7
 
No
8
Did the organization make a loan to a disqualified person (as defined in section 4958) not described in line 7? If “Yes,” complete Part I of Schedule L (Form 990 or 990-EZ).
8
 
No
9a
Was the organization controlled directly or indirectly at any time during the tax year by one or more disqualified persons as defined in section 4946 (other than foundation managers and organizations described in section 509(a)(1) or (2))? If “Yes,” provide detail in Part VI.
9a
 
No
b
Did one or more disqualified persons (as defined in line 9a) hold a controlling interest in any entity in which the supporting organization had an interest? If “Yes,” provide detail in Part VI.
9b
 
No
c
Did a disqualified person (as defined in line 9a) have an ownership interest in, or derive any personal benefit from, assets in which the supporting organization also had an interest? If “Yes,” provide detail in Part VI.
9c
 
No
10a
Was the organization subject to the excess business holdings rules of section 4943 because of section 4943(f) (regarding certain Type II supporting organizations, and all Type III non-functionally integrated supporting organizations)? If “Yes,” answer line 10b below.
10a
 
No
b
Did the organization have any excess business holdings in the tax year? (Use Schedule C, Form 4720, to determine whether the organization had excess business holdings).
10b
 
 
Schedule A (Form 990 or 990-EZ) 2015

Schedule A (Form 990 or 990-EZ) 2015
Page 5
Part IV
Supporting Organizations (continued)
Yes
No
11
Has the organization accepted a gift or contribution from any of the following persons?
a
A person who directly or indirectly controls, either alone or together with persons described in (b) and (c) below, the governing body of a supported organization?
11a
 
No
b
A family member of a person described in (a) above?
11b
 
No
c
A 35% controlled entity of a person described in (a) or (b) above? If “Yes” to a, b, or c, provide detail in Part VI.
11c
 
No
Section B. Type I Supporting Organizations
Yes
No
1
Did the directors, trustees, or membership of one or more supported organizations have the power to regularly appoint or elect at least a majority of the organization’s directors or trustees at all times during the tax year? If “No,” describe in Part VI how the supported organization(s) effectively operated, supervised, or controlled the organization’s activities. If the organization had more than one supported organization, describe how the powers to appoint and/or remove directors or trustees were allocated among the supported organizations and what conditions or restrictions, if any, applied to such powers during the tax year.
1
Yes
 
2
Did the organization operate for the benefit of any supported organization other than the supported organization(s) that operated, supervised, or controlled the supporting organization? If “Yes,” explain in Part VI how providing such benefit carried out the purposes of the supported organization(s) that operated, supervised or controlled the supporting organization.
2
 
No
Section C. Type II Supporting Organizations
Yes
No
1
Were a majority of the organization’s directors or trustees during the tax year also a majority of the directors or trustees of each of the organization’s supported organization(s)? If “No,” describe in Part VI how control or management of the supporting organization was vested in the same persons that controlled or managed the supported organization(s).
1
 
 
Section D. All Type III Supporting Organizations
Yes
No
1
Did the organization provide to each of its supported organizations, by the last day of the fifth month of the organization’s tax year, (i) a written notice describing the type and amount of support provided during the prior tax year, (ii) a copy of the Form 990 that was most recently filed as of the date of notification, and (iii) copies of the organization’s governing documents in effect on the date of notification, to the extent not previously provided?
1
 
 
2
Were any of the organization’s officers, directors, or trustees either (i) appointed or elected by the supported organization(s) or (ii) serving on the governing body of a supported organization? If "No," explain in Part VI how the organization maintained a close and continuous working relationship with the supported organization(s).
2
 
 
3
By reason of the relationship described in (2), did the organization’s supported organizations have a significant voice in the organization’s investment policies and in directing the use of the organization’s income or assets at all times during the tax year? If "Yes," describe in Part VI the role the organization’s supported organizations played in this regard.
3
 
 
Section E. Type III Functionally-Integrated Supporting Organizations
1
Check the box next to the method that the organization used to satisfy the Integral Part Test during the year (see instructions):
a
b
c
2
Activities Test. Answer (a) and (b) below.
Yes
No
a
Did substantially all of the organization’s activities during the tax year directly further the exempt purposes of the supported organization(s) to which the organization was responsive? If "Yes," then in Part VI identify those supported organizations and explain how these activities directly furthered their exempt purposes, how the organization was responsive to those supported organizations, and how the organization determined that these activities constituted substantially all of its activities.
2a
 
 
b
Did the activities described in (a) constitute activities that, but for the organization’s involvement, one or more of the organization’s supported organization(s) would have been engaged in? If "Yes," explain in Part VI the reasons for the organization’s position that its supported organization(s) would have engaged in these activities but for the organization’s involvement.
2b
 
 
3
Parent of Supported Organizations. Answer (a) and (b) below.
a
Did the organization have the power to regularly appoint or elect a majority of the officers, directors, or trustees of each of the supported organizations? Provide details in Part VI.
3a
 
 
b
Did the organization exercise a substantial degree of direction over the policies, programs and activities of each of its supported organizations? If "Yes," describe in Part VI. the role played by the organization in this regard.
3b
 
 
Schedule A (Form 990 or 990-EZ) 2015

Schedule A (Form 990 or 990-EZ) 2015
Page 6
Part V
Type III Non-Functionally Integrated 509(a)(3) Supporting Organizations
1
Section A - Adjusted Net Income (A) Prior Year (B) Current Year
(optional)
1 Net short-term capital gain 1    
2 Recoveries of prior-year distributions 2    
3 Other gross income (see instructions) 3    
4 Add lines 1 through 3 4    
5 Depreciation and depletion 5    
6 Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) 6    
7 Other expenses (see instructions) 7    
8 Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) 8    

Section B - Minimum Asset Amount (A) Prior Year (B) Current Year
(optional)
1 Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): 1
a Average monthly value of securities 1a    
b Average monthly cash balances 1b    
c Fair market value of other non-exempt-use assets 1c    
d Total (add lines 1a, 1b, and 1c) 1d    
e Discount claimed for blockage or other factors
(explain in detail in Part VI):  
2 Acquisition indebtedness applicable to non-exempt use assets 2    
3 Subtract line 2 from line 1d 3    
4 Cash deemed held for exempt use. Enter 1-1/2% of line 3 (for greater amount, see instructions). 4    
5 Net value of non-exempt-use assets (subtract line 4 from line 3) 5    
6 Multiply line 5 by .035 6    
7 Recoveries of prior-year distributions 7    
8 Minimum Asset Amount (add line 7 to line 6) 8    

Section C - Distributable Amount Current Year
1 Adjusted net income for prior year (from Section A, line 8, Column A) 1  
2 Enter 85% of line 1 2  
3 Minimum asset amount for prior year (from Section B, line 8, Column A) 3  
4 Enter greater of line 2 or line 3 4  
5 Income tax imposed in prior year 5  
6 Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) 6  
7
Schedule A (Form 990 or 990-EZ) 2015

Schedule A (Form 990 or 990-EZ) 2015
Page 7
Part V
Type III Non-Functionally Integrated 509(a)(3) Supporting Organizations (continued)
Section D - Distributions Current Year
1 Amounts paid to supported organizations to accomplish exempt purposes  
2 Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in
excess of income from activity
 
3 Administrative expenses paid to accomplish exempt purposes of supported organizations  
4 Amounts paid to acquire exempt-use assets  
5 Qualified set-aside amounts (prior IRS approval required)  
6 Other distributions (describe in Part VI). See instructions  
7Total annual distributions. Add lines 1 through 6.  
8 Distributions to attentive supported organizations to which the organization is responsive (provide
details in Part VI). See instructions
 
9 Distributable amount for 2015 from Section C, line 6  
10 Line 8 amount divided by Line 9 amount  

Section E - Distribution Allocations (see instructions) (i)
Excess Distributions
(ii)
Underdistributions
Pre-2015
(iii)
Distributable
Amount for 2015
1 Distributable amount for 2015 from Section C, line
6
 
2 Underdistributions, if any, for years prior to 2015
(reasonable cause required--see instructions)
 
3 Excess distributions carryover, if any, to 2015:
a
b
c
d From 2013.......  
e From 2014.......  
fTotal of lines 3a through e  
g Applied to underdistributions of prior years  
h Applied to 2015 distributable amount  
i Carryover from 2010 not applied (see
instructions)
j Remainder. Subtract lines 3g, 3h, and 3i from 3f.  
4Distributions for 2015 from Section D, line 7:
$  
a Applied to underdistributions of prior years  
b Applied to 2015 distributable amount  
c Remainder. Subtract lines 4a and 4b from 4.  
5 Remaining underdistributions for years prior to
2015, if any. Subtract lines 3g and 4a from line 2
(if amount greater than zero, see instructions)
 
6 Remaining underdistributions for 2015. Subtract
lines 3h and 4b from line 1 (if amount greater than
zero, see instructions)
 
7 Excess distributions carryover to 2016. Add lines
3j and 4c.
 
8 Breakdown of line 7:
a
b
c Excess from 2013.......  
d From 2014.......  
e From 2015.......  
Schedule A (Form 990 or 990-EZ) (2015)

Schedule A (Form 990 or 990-EZ) 2015
Page 8
Part VI
Supplemental Information. Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; Part III, line 12; Part IV, Section A, lines 1, 2, 3b, 3c, 4b, 4c, 5a, 6, 9a, 9b, 9c, 11a, 11b, and 11c; Part IV, Section B, lines 1 and 2; Part IV, Section C, line 1; Part IV, Section D, lines 2 and 3; Part IV, Section E, lines 1c, 2a, 2b, 3a and 3b; Part V, line 1; Part V, Section B, line 1e; Part V Section D, lines 5, 6, and 8; and Part V, Section E, lines 2, 5, and 6. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
 
Return Reference Explanation
PART I, LINE 11G(A)(VI): NFIB SMALL BUSINESS LEGAL CENTER PROVIDES A VOICE FOR SMALL BUSINESS IN THE NATION'S COURTS AND THE LEGAL RESOURCE FOR SMALL BUSINESS OWNERS NATIONWIDE. BY SUPPORTING SMALL BUSINESS IN THE NATION'S COURT AND LEGAL SYSTEM, NFIB SMALL BUSINESS LEGAL CENTER PROVIDES VALUABLE ASSISTANCE TO THE INDIVIDUALS FOR WHICH NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. IS SERVING. PART IV, LINE 3B: WITH THE ASSISTANCE OF KPMG, LLP, NFIB SMALL BUSINESS LEGAL CENTER ANNUALLY COMPLETES A PRO-FORMA SCHEDULE A UTILIZING THE FINANCIAL DATA OF NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC ("NFIB") IN ORDER TO CONFIRM THAT NFIB MEETS THE PUBLIC SUPPORT TEST UNDER IRC SEC. 509(A)(2). IN ADDITION, NFIB SMALL BUSINESS LEGAL CENTER CONFIRMS WITH NFIB THAT IT MAINTAINS A VALID 501(C)(6) DETERMINATION LETTER.
PART IV, LINE 3C: DURING 2015, NFIB SMALL BUSINESS LEGAL CENTER DID NOT PROVIDE ANY MONETARY SUPPORT TO NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. THEREFORE, NO STEPS WERE NECESSARY TO ENSURE THAT ALL SUPPORT WAS USED FOR SECTION 170(C)(2)(B) PURPOSES.
Schedule A (Form 990 or 990-EZ) 2015


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.
Arrow Bullet Information about Schedule B (Form 990, 990-EZ, or 990-PF) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2015
Name of the 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 its Form 990PF, Part I, line 2, 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) (2015)
Schedule B (Form 990, 990-EZ, or 990-PF) (2015) Page 2
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


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

   
 
 

$  


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

   
 
 

$  


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

   
 
 

$  


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

   
 
 

$  


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

   
 
 

$  


(Complete Part II for noncash contributions.)
Schedule B (Form 990, 990-EZ, or 990-PF) (2015)
Schedule B (Form 990, 990-EZ, or 990-PF) (2015)
Page 3
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) (2015)
Schedule B (Form 990, 990-EZ, or 990-PF) (2015)
Page 4
Name of organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Part III
Exclusively religious, charitable, etc., contributions to organizations described in section 501(c)(7), (8), or (10) that total more than $1,000 for the year from any one contributor. 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) (2015)

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," on 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.
Information about Schedule D (Form 990) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2015
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" on Form 990, Part IV, line 6.
(a) Donor advised funds (b) Funds and other accounts
1 Total number at end of year ....    
2 Aggregate value of contributions to (during year)    
3 Aggregate value of 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" on 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, handling of violations, and enforcing conservation easements during the year
SchDMd Bullet  
7
Amount of expenses incurred in monitoring, inspecting, handling of violations, 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 section 170(h)(4)(B)(ii)? .............................
9
In Part XIII, 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" on 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 XIII, 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)
Revenue included on 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
Revenue included on Form 990, Part VIII, line 1 ..........................SchDMd Bullet $  
b
Assets included in Form 990, Part X ...............................SchDMd Bullet $  
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 52283D
Schedule D (Form 990) 2015

Schedule D (Form 990) 2015
Page 2
Part III
Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets (continued)
3
Using the organization’s acquisition, 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 XIII.
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" on 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 XIII 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, for escrow or custodial account liability?
b
If "Yes," explain the arrangement in Part XIII. Check here if the explanation has been provided in Part XIII ........
Part V
Endowment Funds. Complete if the organization answered "Yes" on 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 current year end balance (line 1g, column (a)) held as:
a
Board designated or quasi-endowment SchDMd Bullet  
b
Permanent endowment SchDMd Bullet  
c
Temporarily restricted endowment SchDMd Bullet  
The percentages on 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" on 3a(ii), are the related organizations listed as required on Schedule R? .........
3b
 
 
4
Describe in Part XIII the intended uses of the organization's endowment funds.
Part VI
Land, Buildings, and Equipment.
Complete if the organization answered 'Yes' on Form 990, Part IV, line 11a. 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) 2015

Schedule D (Form 990) 2015
Page 3
Part VII
Investments—Other Securities. Complete if the organization answered 'Yes' on Form 990, Part IV, line 11b. 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    
(3)Other
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
Total. (Column (b) must equal Form 990, Part X, col. (B) line 12.)Small Bullet  
Part VIII
Investments—Program Related. Complete if the organization answered 'Yes' on Form 990, Part IV, line 11c. See Form 990, Part X, line 13.
(a) Description of investment (b) Book value (c) Method of valuation:
Cost or end-of-year market value
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Total. (Column (b) must equal Form 990, Part X, col.(B) line 13.)Small Bullet  
Part IX
Other Assets. Complete if the organization answered 'Yes' on Form 990, Part IV, line 11d. See Form 990, Part X, line 15.
(a) Description (b) Book value
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Total. (Column (b) must equal Form 990, Part X, col.(B) line 15.)...........Small Bullet  
Part X
Other Liabilities. Complete if the organization answered 'Yes' on Form 990, Part IV, line 11e or 11f. See Form 990, Part X, line 25.
1.(a) Description of liability (b) Book value
(1) Federal income taxes 0
DUE TO AFFILIATES 33,423
VACATION ACCRUAL 28,618
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Total. (Column (b) must equal Form 990, Part X, col.(B) line 25.)Small Bullet 62,041
2. Liability for uncertain tax positions. In Part XIII, 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 (ASC 740). Check here if the text of the footnote has been provided in Part XIII
Schedule D (Form 990) 2015

Schedule D (Form 990) 2015
Page 4
Part XI Reconciliation of Revenue per Audited Financial Statements With Revenue per Return Complete if the organization answered 'Yes' on Form 990, Part IV, line 12a.
1 Total revenue, gains, and other support per audited financial statements ....... 1 1,553,364
2 Amounts included on line 1 but not on Form 990, Part VIII, line 12:
a Net unrealized gains (losses) on investments .... 2a  
b Donated services and use of facilities ......... 2b 18,532
c Recoveries of prior year grants ........... 2c  
d Other (Describe in Part XIII.) ............ 2d  
e Add lines 2a through 2d ..................... 2e 18,532
3 Subtract line 2e from line 1.................. 3 1,534,832
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 XIII.) ........... 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 1,534,832
Part XII Reconciliation of Expenses per Audited Financial Statements With Expenses per Return. Complete if the organization answered 'Yes' on Form 990, Part IV, line 12a.
1 Total expenses and losses per audited financial statements ........... 1 1,521,005
2 Amounts included on line 1 but not on Form 990, Part IX, line 25:
a Donated services and use of facilities ......... 2a 18,532
b Prior year adjustments ............ 2b  
c Other losses ................ 2c  
d Other (Describe in Part XIII.) ............ 2d  
e Add lines 2a through 2d.................... 2e 18,532
3 Subtract line 2e from line 1................... 3 1,502,473
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 XIII.) ............ 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 1,502,473

Part XIII
Supplemental Information
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, line 2; Part XI, lines 2d and 4b; and Part XII, lines 2d and 4b. Also complete this part to provide any additional information.
Return Reference Explanation
FIN 48 (ASC TOPIC 740) FOOTNOTE SCHEDULE D, XIII 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 UNRELATED BUSINESS INCOME TAX LIABILITY FOR THE THE YEARS ENDED DECEMBER 31, 2015 AND 2014; NOR DID THE LEGAL CENTER HAVE ANY UNCERTAIN TAX POSITIONS FOR THE YEARS ENDED DECEMBER 31, 2015 AND 2014.
Schedule D (Form 990) 2015


Additional Data


Software ID:  
Software Version:  




SCHEDULE G (Form 990 or 990-EZ)
Department of the Treasury
Internal Revenue Service
Supplemental Information Regarding
Fundraising or Gaming Activities
Complete if the organization answered "Yes" on Form 990, Part IV, lines 17, 18, or 19, or if the organization entered more than $15,000 on Form 990-EZ, line 6a. right arrowAttach to Form 990 or Form 990-EZ.
right arrowInformation about Schedule G (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2015
Open to Public Inspection
Name of the organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Part I
Fundraising Activities. Complete if the organization answered "Yes" on Form 990, Part IV, line 17.
Form 990-EZ filers are not required to complete this part.
1
Indicate whether the organization raised funds through any of the following activities. Check all that apply.
a e
b f
c g
d
2a
Did the organization have a written or oral agreement with any individual (including officers, directors, trustees
or key employees listed in Form 990, Part VII) or entity in connection with professional fundraising services?
b
If "Yes," list the ten highest paid individuals or entities (fundraisers) pursuant to agreements under which the fundraiser is
to be compensated at least $5,000 by the organization.


(i) Name and address of individual
or entity (fundraiser)
(ii) Activity (iii) Did fundraiser have custody or control of contributions? (iv) Gross receipts
from activity
(v) Amount paid to
(or retained by)
fundraiser listed in
col. (i)
(vi) Amount paid to
(or retained by)
organization
Yes No
NATIONAL CAPITAL TELESERVICES LLC TELE MARKETING   No 43,600 30,344 13,256
             
             
             
             
             
             
             
             
             
Total . . . . . . . . . . . . . . . . . . . . right arrow 43,600 30,344 13,256
3
List all states in which the organization is registered or licensed to solicit contributions or has been notified it is exempt from registration or licensing.
AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.
Cat. No. 50083H
Schedule G (Form 990 or 990-EZ) 2015
Schedule G (Form 990 or 990-EZ) 2015
Page 2
Part II
Fundraising Events. Complete if the organization answered "Yes" on Form 990, Part IV, line 18, or reported more than $15,000 of fundraising event contributions and gross income on Form 990-EZ, lines 1 and 6b. List events with gross receipts greater than $5,000.




VerticalRevenue
(a) Event #1

 
(event type)
(b) Event #2

 
(event type)
(c) Other events

 
(total number)
(d) Total events
(add col. (a) through col. (c))

1

Gross receipts . . . . .

 

 

 

 

2

Less: Contributions . . . .

 

 

 

 
3 Gross income (line 1 minus
line 2) . . . . . .

 

 

 

 



VerticalDirectExpenses
4 Cash prizes . . . . .        
5 Noncash prizes . . . .        
6 Rent/facility costs . . . .        
7 Food and beverages . . .        
8 Entertainment . . . .        
9 Other direct expenses . . .        
10 Direct expense summary. Add lines 4 through 9 in column (d) . . . . . . . . . . right arrow  
11 Net income summary. Subtract line 10 from line 3, column (d). . . . . . . . . . right arrow  
Part III
Gaming. Complete if the organization answered "Yes" on Form 990, Part IV, line 19, or reported more than $15,000 on Form 990-EZ, line 6a.
VerticalRevenue
(a) Bingo (b) Pull tabs/Instant
bingo/progressive bingo
(c) Other gaming (d) Total gaming (add col.(a) through col.(c))

1

Gross revenue . . . . .

 

 

 

 
VerticalDirectExpenses

2

Cash prizes . . . . .

 

 

 

 

3

Noncash prizes . . . .

 

 

 

 

4

Rent/facility costs . . . .

 

 

 

 

5

Other direct expenses . . .

 

 

 

 


6


Volunteer labor . . . .
%
%
%


7

Direct expense summary. Add lines 2 through 5 in column (d) . . . . . . . . . . right arrow

 

8

Net gaming income summary. Subtract line 7 from line 1, column (d). . . . . . . . . right arrow

 

9
Enter the state(s) in which the organization conducts gaming activities:
a
Is the organization licensed to conduct gaming activities in each of these states? . . . . . . . .
b
If "No," explain:
 
10a
Were any of the organization's gaming licenses revoked, suspended or terminated during the tax year? . . .
b
If "Yes," explain:
 
Schedule G (Form 990 or 990-EZ) 2015
Schedule G (Form 990 or 990-EZ) 2015
Page 3
11
Does the organization conduct gaming activities with nonmembers? . . . . . . . . . . .
12
Is the organization a grantor, beneficiary or trustee of a trust or a member of a partnership or other entity
formed to administer charitable gaming? . . . . . . . . . . . . . . . . .
13
Indicate the percentage of gaming activity conducted in:
a
The organization's facility . . . . . . . . . . . . . . . . . .
13a
%
b
An outside facility . . . . . . . . . . . . . . . . . . . .
13b
%
14
Enter the name and address of the person who prepares the organization's gaming/special events books and records:
Name right arrow
Address right arrow
15a
Does the organization have a contract with a third party from whom the organization receives gaming
revenue? . . . . . . . . . . . . . . . . . . . . . . . .
b
If "Yes," enter the amount of gaming revenue received by the organization right arrow $   and the
amount of gaming revenue retained by the third party right arrow $   .
c
If "Yes," enter name and address of the third party:
Name right arrow
Address right arrow
 
 
16
Gaming manager information:
Name right arrow
Gaming manager compensation right arrow $  
Description of services provided right arrow
 
17
Mandatory distributions:
a
Is the organization required under state law to make charitable distributions from the gaming proceeds to
retain the state gaming license? . . . . . . . . . . . . . . . . . . .
b
Enter the amount of distributions required under state law distributed to other exempt organizations or spent
in the organization's own exempt activities during the tax year right arrow$  
Part IV
Supplemental Information. Provide the explanations required by Part I, line 2b, columns (iii) and (v); and Part III, lines 9, 9b, 10b, 15b, 15c, 16, and 17b, as applicable. Also complete this part to provide any additional information (see instructions).
Return Reference Explanation
Schedule G (Form 990 or 990-EZ) 2015
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" on Form 990, Part IV, line 23.
SchJMediumBullet Attach to Form 990.
SchJMediumBullet Information about Schedule J (Form 990) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2015
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 on 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 of 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
directors, trustees, officers, including the CEO/Executive Director, regarding the items checked in line 1a? ..
2
Yes
 
3
Indicate which, if any, of the following the filing organization used 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 on 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), 501(c)(4), and 501(c)(29) organizations must complete lines 5-9.
5
For persons listed on 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," on line 5a or 5b, describe in Part III.
6
For persons listed on 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," on line 6a or 6b, describe in Part III.
7
For persons listed on 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 on 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" on line 8, did the organization also follow the rebuttable presumption procedure described in Regulations section 53.4958-6(c)? .........................
9
 
 
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 50053T
Schedule J (Form 990) 2015

Schedule J (Form 990) 2015
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 on 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 (E) amounts for that individual.
(A) Name and Title (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 in column(B) reported as deferred on prior Form 990
(i) Base compensation (ii) Bonus & incentive compensation (iii) Other reportable compensation
1DONALD A DANNERPRESIDENT/CEO (i)

(ii)
0
-------------
580,252
0
-------------
200,175
0
-------------
75,689
0
-------------
12,281
0
-------------
22,758
0
-------------
891,155
0
-------------
0
2MARY BLASINSKYSVP/SECRETARY (i)

(ii)
0
-------------
237,857
0
-------------
62,300
0
-------------
29,375
0
-------------
12,153
0
-------------
22,733
0
-------------
364,418
0
-------------
0
3TAMMY S BOEHMSSVP/CFO (i)

(ii)
0
-------------
311,908
0
-------------
76,100
0
-------------
21,840
0
-------------
12,489
0
-------------
13,495
0
-------------
435,832
0
-------------
0
4JEFF SMITHTREASURER (i)

(ii)
0
-------------
174,416
0
-------------
17,200
0
-------------
2,141
0
-------------
9,906
0
-------------
21,472
0
-------------
225,135
0
-------------
0
5BRAD CLOSESVP (i)

(ii)
0
-------------
245,741
0
-------------
48,000
0
-------------
4,560
0
-------------
10,430
0
-------------
30,477
0
-------------
339,208
0
-------------
0
6KAREN R HARNEDEXECUTIVE DIRECTOR (i)

(ii)
207,206
-------------
0
15,780
-------------
0
2,860
-------------
0
4,391
-------------
0
17,842
-------------
0
248,079
-------------
0
0
-------------
0
7BETH MILITOSENIOR EXECUTIVE COUNSEL (i)

(ii)
178,492
-------------
0
8,575
-------------
0
1,560
-------------
0
6,604
-------------
0
1,148
-------------
0
196,379
-------------
0
0
-------------
0
Schedule J (Form 990) 2015

Schedule J (Form 990) 2015
Page 3
Part III
Supplemental Information
Provide the information, explanation, or descriptions required for Part I, lines 1a, 1b, 3, 4a, 4b, 4c, 5a, 5b, 6a, 6b, 7, and 8, and for Part II. Also complete this part for any additional information.
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 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 EXECUTIVE DIRECTOR'S COMPENSATION.
SUPPLEMENTAL NONQUALIFIED RETIREMENT PLAN SCHEDULE J, LINE 4B NFIB PROVIDES A SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN (SERP). THIS NONQUALIFIED PLAN COVERS DONALD A. DANNER, MARY BLASKINSKY, TAMMY S. BOEHMS AND STEPHEN WOODS. PARTICIPATION IN THIS SERP HAS BEEN FROZEN AND FUTURE BENEFIT ACCRUALS FOR THE PLAN HAVE CEASED.
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) 2015
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 990-EZ or to provide any additional information.
MediumBullet Attach to Form 990 or 990-EZ.
MediumBullet Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2015
Open to Public
Inspection
Name of the organization
NFIB SMALL BUSINESS LEGAL CENTER
 
Employer identification number

62-1570449
Return Reference Explanation
VOLUNTEERS FORM 990, PART I, LINE 6 IN 2015, THE NFIB SMALL BUSINESS LEGAL CENTER USED THE SERVICES OF 16 VOLUNTEERS. THE LEGAL CENTER HAS A 15-MEMBER ADVISORY BOARD CONSISTING OF PRO BONO ATTORNEYS AND SUBJECT-MATTER EXPERTS WHO ADVISE THE LEGAL CENTER OF WHICH CASES TO GET INVOLVED IN HELPING SMALL BUSINESSES. THE LEGAL CENTER ALSO HAD ONE PRO BONO ATTORNEY WRITE A LEGAL BRIEF FOR THE CENTER.
SUMMARY OF LEGAL CASES FOR 2015 ABC TEXAS AND NFIB V. NLRB - LABOR U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT NFIB JOINED WITH THE ASSOCIATED BUILDERS & CONTRACTORS TEXAS IN CHALLENGING THE ACCELERATED UNION ELECTION RULES ISSUED BY THE NLRB. STATUS: PENDING. COMPLAINT FILED 1/13/15. DISTRICT COURT UPHELD THE RULES ON 6/1/15. NOTICE OF APPEAL FILED ON 6/3/15. OPENING BRIEF ON APPEAL FILED ON 8/11/15. AMERICAN FARM BUREAU FEDERATION V. EPA REGULATORY REFORM U.S. COURT OF APPEALS FOR THE EIGHTH CIRCUIT IN THIS CASE, THE AMERICAN FARM BUREAU FEDERATION AND NATIONAL PORK PRODUCERS COUNCIL CHALLENGE THE DISCLOSURE OF SENSITIVE INFORMATION ABOUT FARMERS AND RANCHERS. EPA PROPOSES TO RELEASE INFORMATION DOCUMENTING THE HOME ADDRESSES, TELEPHONE NUMBERS, EMAIL ADDRESSES, GPS COORDINATES, AND OTHER INFORMATION ABOUT FARMS AND RANCHES THROUGHOUT THE COUNTRY. THIS PROPOSED DISCLOSURE WAS IN RESPONSE TO A FREEDOM OF INFORMATION ACT REQUEST FROM ENVIRONMENTAL ACTIVISTS. NFIB SMALL BUSINESS LEGAL CENTER FILED AN AMICUS BRIEF ARGUING THAT INDIVIDUALS RETAIN THEIR FEDERALLY PROTECTED PRIVACY RIGHTS, EVEN WHEN ENGAGED IN COMMERCIAL ACTIVITIES. ACCORDINGLY, NFIB SMALL BUSINESS LEGAL CENTER ARGUES THAT SMALL BUSINESS OWNERS ARE ENTITLED TO CHALLENGE THE DISCLOSURE OF INFORMATION ABOUT THEIR BUSINESS BECAUSE SUCH INFORMATION COMMONLY REVEALS PERSONAL INFORMATION ABOUT THE OWNERS. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF AFBF ON 5/1/15. AMERICAN FARM BUREAU V. U.S. EPA PROPERTY RIGHTS U.S. SUPREME COURT CERT PETITION THE COURT HAS BEEN ASKED TO ONCE AGAIN REVIEW THE SCOPE OF EPAS POWER UNDER THE CLEAN WATER ACT. HERE THE POWER EPA HAS ASSERTED IN THE CHESAPEAKE BAY WATERSHED, UNDER THE GUISE OF A "TOTAL MAXIMUM DAILY LOAD", GIVES IT THE POWER TO RESTRICT THE USE OF LANDS FOR FARMING, HARVESTING TREES, BUILDING HOMES, OR COMMERCIAL DEVELOPMENT-REGARDLESS OF ECONOMIC IMPACT, REGARDLESS OF ANY PROXIMITY TO "WATERS OF THE U.S.", AND REGARDLESS OF THE VIEWS AND PREFERENCES OF STATE AND LOCAL GOVERNMENTS. IT AMOUNTS TO FEDERAL SUPER-ZONING AUTHORITY. ITS ALSO FAR BEYOND EPAS STATUTORY AUTHORITY, AND THE LEVEL OF DEFERENCE THE LOWER COURTS HAVE SHOWN TO EPA IS UNPRECEDENTED. STATUS: DECIDED. BRIEF FILED 12/9/15. PETITION DENIED 3/1/16. ARRIGONI V. TOWN OF DURHAM PROPERTY RIGHTS U.S. SUPREME COURT CERT PETITION IN 1985 THE U.S. SUPREME COURT HELD THAT A PROPERTY OWNER MAY NOT INITIATE AN INVERSE CONDEMNATION CLAIM SEEKING JUST COMPENSATION FOR THE TAKING OF PROPERTY AGAINST STATE OR LOCAL GOVERNMENT UNLESS THE OWNER HAS FIRST PURSUED STATE REMEDIES BY SUING FOR JUST COMPENSATION IN STATE COURT. BUT OVER THE PAST 30 YEARS ITS BECOME CLEAR THAT THIS AMOUNTS TO AN EFFECTIVE BAR ON BRINGING TAKINGS CLAIMS IN FEDERAL COURT. ACCORDINGLY, NFIB SMALL BUSINESS LEGAL CENTER IS ASKING THE SUPREME COURT TO TAKE THIS CASE IN ORDER TO RECONSIDER ITS INITIAL DECISION IN WILLIAMSON COUNTY REGIONAL PLANNING COMMISSION V. HAMILTON BANK. STATUS: PENDING. AMICUS BRIEF FILED ON 12/18/15. ASSOCIATED BUILDERS & CONTRACTORS V. CITY OF LANSING LABOR MICHIGAN SUPREME COURT IN THIS CASE, PLAINTIFF CHALLENGES A CITY OF LANSING ORDINANCE REQUIRING CITY CONTRACTORS TO PAY PREVAILING WAGES TO EMPLOYEES. ABC CONTENDS THAT THE ORDINANCE VIOLATES THE MICHIGAN CONSTITUTION, AS THE MICHIGAN SUPREME COURT STRUCK DOWN AN IDENTICAL ORDINANCE, FROM THE CITY OF DETROIT, IN 1923. HERE THE LOWER COURT RULED THAT THE LANSING ORDINANCE IS UNCONSTITUTIONAL, AND THAT THE 1923 DECISION REMAINS BINDING. BUT, THE COURT OF APPEAL REVERSED. AS SUCH, NFIB SMALL BUSINESS LEGAL CENTER URGED THE MICHIGAN SUPREME COURT TO AFFIRM ITS 1923 DECISION, AND EMPHASIZED THE DOCTRINE OF STARE DECISIS. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF ABC ON 3/30/15. BAKER DC V. NLRB LABOR U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BAKER DC, LLC, A CONSTRUCTION COMPANY, WAS ONE OF THE FIRST EMPLOYERS TO FACE AN ELECTION PETITION UNDER THE 'NEW' AMBUSH ELECTION RULES. THE COMPANY FILED FOR A TEMPORARY RESTRAINING ORDER (TRO) TO PREVENT THE ELECTION FROM MOVING FORWARD UNDER THE NEW RULES. AS A MEMBER OF THE COALITION FOR A DEMOCRATIC WORKPLACE (CDW), NFIB SMALL BUSINESS LEGAL CENTER JOINED AN AMICUS BRIEF IN SUPPORT OF BAKERS TRO. STATUS: DECIDED. AMICUS BRIEF FILED 4/21/15. TRO DENIED. BCI COCA-COLA OF LOS ANGELES V. JOSUE - EMPLOYMENT HAWAII FIRST CIRCUIT COURT NFIB SMALL BUSINESS LEGAL CENTER FILED AN AMICUS BRIEF EXPLAINING THE PRACTICAL DIFFICULTIES THAT WOULD BE IMPOSED ON EMPLOYERS IF THE COURTS SHOULD ACCEPT THE DEPARTMENT OF LABORS INTERPRETATION OF A STATUTE SO AS TO REQUIRE EMPLOYERS TO RETURN AN EMPLOYEE TO THE SAME POSITION HE OR SHE HELD BEFORE AN INJURY WITHOUT REGARD TO HOW LONG THE EMPLOYEE HAS BEEN OUT OF COMMISSION. NFIB SMALL BUSINESS LEGAL CENTER ARGUED THAT THE EMPLOYER SHOULD ONLY BE REQUIRED TO MAKE REASONABLE ACCOMMODATIONS. STATUS: PENDING. AMICUS BRIEF FILED 07/02/14; SECOND BRIEF FILED 4/6/15. BETTIE PAGE CLOTHING V. NLRB LABOR U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT IN APRIL 2013, THE NATIONAL LABOR RELATIONS BOARD HELD THAT THE BETTIE PAGE CLOTHING COMPANY UNLAWFULLY FIRED EMPLOYEES WHO USED FACEBOOK TO DISCUSS COMPLAINTS ABOUT THEIR SUPERVISORS CONDUCT AND OTHER WORK-RELATED CONCERNS, REJECTING THE EMPLOYERS CLAIM IT WAS TRICKED INTO FIRING THE WORKERS. POST-NOEL CANNING, THE CASE REVIEW WAS TRANSFERRED FROM THE NINTH CIRCUIT TO THE D.C CIRCUIT. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 2/25/15. BRIDGESTONE RETAIL OPERATIONS LLC V. BROWN - LABOR AND EMPLOYMENT U.S. SUPREME COURT CERT PETITION THE FEDERAL ARBITRATION ACT WAS ENACTED BY CONGRESS IN ORDER TO ENSURE THAT BUSINESS OWNERS CAN RESOLVE DISPUTES THROUGH BINDING ARBITRATION AGREEMENTS. BUT THE CALIFORNIA SUPREME COURT HOLDS THAT ARBITRATION AGREEMENTS CANNOT INHIBIT AN EMPLOYEE FROM BRINGING A LAWSUIT UNDER THE STATES PRIVATE ATTORNEY GENERAL ACT. WE ARE ASKING THE U.S. SUPREME COURT TO REVIEW BECAUSE WE ARE CONCERNED THIS RULE ENABLES STATES TO CIRCUMVENT THE FAA. STATUS: DECIDED. AMICUS BRIEF FILED 3/26/15. PETITION DENIED 6/1/15. CALIFORNIA BUILDING INDUSTRY ASSOCIATION V. SAN JOSE PROPERTY RIGHTS U.S. SUPREME COURT CERT PETITION PLAINTIFFS ARE CHALLENGING SAN JOSES RULES FORCING DEVELOPERS TO SET ASIDE A NUMBER OF UNITS AT BELOW MARKET RATES BECAUSE THIS LIKEWISE FORCES LANDOWNERS TO DEDICATE PROPERTY TO A PUBLIC USE. THE CITY OFFERS NO COMPENSATION FOR THESE DEVELOPERS. STATUS: DECIDED. AMICUS BRIEF FILED 10/19/15. PETITION DENIED 3/1/16. CITY OF DALLAS V. HIGHWAY 205 FARMS PROPERTY RIGHTS U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT EMINENT DOMAIN PROCEEDINGS IN TEXAS ARE INITIATED UPON FILING A CONDEMNATION PETITION IN COURT. THIS CASE ASKS WHAT HAPPENS WHEN THE CONDEMNING AUTHORITY FAILS TO PROSECUTE THEIR CASE AFTER INITIATING EMINENT DOMAIN PROCEEDINGS-WHERE THE PROCESS STALLS DURING THE "ADMINISTRATIVE" PORTION OF THE CASE, SUCH THAT THE SPECIAL COMMISSIONERS NEVER SUBMIT A REPORT FROM WHICH THE LANDOWNER CAN APPEAL. NFIBS LEGAL CENTER BRIEF ARGUES THAT THERE MUST BE SOME OPPORTUNITY FOR A LANDOWNER TO LIFT A CLOUD ON THE TITLE OF HIS PROPERTY ONCE EMINENT DOMAIN PROCEEDINGS HAVE BEGUN, AND THAT THE LANDOWNER SHOULD BE ENABLED TO SEEK A DISMISSAL FOR WANT OF PROSECUTION IF THE CONDEMNING AUTHORITY UNREASONABLY FAILS TO MOVE THE PROCEEDINGS FORWARD. STATUS: PENDING. AMICUS BRIEF FILED 2/10/15. CHAMBER OF COMMERCE V. ENVIRONMENTAL PROTECTION AGENCY ENVIRONMENTAL/REGULATORY U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH THE U.S. CHAMBER OF COMMERCE TO BLOCK THE EPA AND THE ARMY CORPS OF ENGINEERS FROM ENFORCING A CONTROVERSIAL NEW RULE THAT WOULD REGULATE EVERY TRICKLE OF WATER IN AMERICA-NO MATTER HOW SMALL-AS PART OF A REGULATORY POWER GRAB THAT COULD DESTROY HOMETOWN BUSINESSES AND LOCAL ECONOMIC DEVELOPMENT. EPA EARLIER IN 2015 FINALIZED REGULATIONS, RECENTLY APPROVED BY THE WHITE HOUSE, WHICH GREATLY EXPAND FEDERAL AUTHORITY OVER PRIVATE PROPERTY UNDER THE CLEAN WATER ACT. THE EPA SAYS THAT THE RULE IS NECESSARY TO PROTECT LOCAL DRINKING WATER. THE WATERS THAT EPA NOW SEEKS TO REGULATE ARE ALREADY HEAVILY REGULATED AT THE STATE AND LOCAL LEVELS. STATUS: PENDING. COMPLAINT FILED 7/10/15. CONDON V. ADVANCE THERMAL HYDRONICS LEGAL REFORM NEW JERSEY SUPREME COURT THE CASE CONCERNS WHETHER DEFENDANTS AT TRIAL CAN TRY TO ALLOCATE FAULT TO SETTLED DEFENDANTS IN THE CASE, OR WHETHER THE PLAINTIFF MAY RECEIVE NEARLY A FULL RECOVERY FROM SETTLED DEFENDANTS AND THEN RECEIVE AN ADDITIONAL, COMPLETE RECOVERY FROM ANY JUDGMENT DEFENDANT. UNDER THE OTHER SIDES APPROACH, A PLAINTIFF WOULD ESSENTIALLY RECEIVE A DOUBLE RECOVERY IN THE TORT SYSTEM. STATUS: PENDING. AMICUS BRIEF FILED 11/24/15.
SUMMARY OF LEGAL CASES FOR 2015 (CONT.) CONSTELLATION BRANDS V. NATIONAL LABOR RELATIONS BOARD LABOR U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT THE LEGAL CENTER JOINED AN AMICUS BRIEF CHALLENGING THE NATIONAL LABOR RELATIONS BOARDS APPLICATION OF ITS SPECIALTY HEALTHCARE RULE TO CREATE A "MICROUNION" COMPOSED OF A SUBSET OF EMPLOYEES FOR COLLECTIVE BARGAINING PURPOSES. THE BOARDS DISRUPTIVE APPLICATION OF THE SPECIALTY HEALTHCARE RULE IS CURRENTLY BEING LITIGATED IN OTHER CASES. STATUS: PENDING. AMICUS BRIEF FILED 12/17/15. COOPER V. TAKEDA PHARMACEUTICALS LEGAL REFORM CALIFORNIA SUPREME COURT PETITION FOR REVIEW THE STATES HIGHEST COURT IS BEING ASKED TO DETERMINE HOW DAUBERT IS TO BE APPLIED IN CALIFORNIA COURTS FOLLOWING THE CALIFORNIA SUPREME COURTS ADOPTION OF DAUBERT A FEW YEARS AGO IN THE SARGON CASE. TAKEDA SUCCEEDED AT THE TRIAL COURT IN GETTING PLAINTIFFS SPECIFIC CAUSATION EXPERT EXCLUDED, BUT THE CALIFORNIA COURT OF APPEALS REVERSED. TAKEDA IS NOW SEEKING REVIEW FROM THE CALIFORNIA SUPREME COURT. STATUS: PENDING. LETTER BRIEF IN SUPPORT OF PETITION FOR REVIEW FILED 10/15/15. COOPERATIVE HOME CARE V. CITY OF ST. LOUIS EMPLOYMENT/MINIMUM WAGE CIRCUIT COURT FOR CITY OF ST. LOUIS MISSOURI SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED A CONSORTIUM OF GROUPS SUED LAST MONTH IN AN ATTEMPT TO STOP THE CITY FROM INSTITUTING AN $11 MINIMUM WAGE BY 2018. THE SUIT ALLEGED THE ACTION CONFLICTED WITH CURRENT STATE LAW. A CIRCUIT JUDGE STRUCK DOWN THE CITYS MINIMUM WAGE LAW IN OCTOBER JUST HOURS BEFORE IT WAS SET TO GO INTO FORCE. THE CIRCUIT COURT DECLARED THE CITYS LAW VOID AND IN VIOLATION OF STATE LAW THAT SETS THE MINIMUM WAGE AT $7.65. THE CITY APPEALED. STATUS: PENDING. COMPLAINT FILED 9/15/15. CIRCUIT COURT STRUCK DOWN THE NEW WAGE ORDINANCE. CITY APPEALED TO THE STATE SUPREME COURT. CRST V. EEOC LEGAL REFORM U.S. SUPREME COURT CERT PETITION AND MERITS BRIEF IN THIS CASE THE EEOC INITIATED LEGAL ACTION AGAINST A BUSINESS WITHOUT COMPLYING WITH ITS STATUTORY OBLIGATION TO REASONABLY INVESTIGATE THE ALLEGED VIOLATION AND TO CONCILIATE BEFORE FILING SUIT. ACCORDINGLY, THE DEFENDANT COMPANY SUCCEEDED IN OBTAINING AN ORDER DISMISSING THE CASE ON PROCEDURAL GROUNDS. THE ISSUE PRESENTED AT THIS STAGE IS WHETHER THE EEOC SHOULD BE REQUIRED TO PAY ATTORNEYS FEES. NFIB SMALL BUSINESS LEGAL CENTER FILED IN SUPPORT OF THE EMPLOYER, ARGUING THAT ATTORNEYS FEES SHOULD BE AWARDED TO A PREVAILING BUSINESS DEFENDANT REGARDLESS OF WHETHER A CASE IS DISMISSED ON PROCEDURAL GROUNDS OR RESOLVED ON THE MERITS. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF CERT PETITION 6/19/15. AMICUS FILED ON THE MERITS ON 1/26/16. DAGOSTINO V. PATRICK LABOR U.S. COURT OF APPEALS FOR THE FIRST CIRCUIT THIS CASE ASKS WHETHER A STATE MAY COMPEL HOME CARE WORKERS TO JOIN A UNION AGAINST THEIR WILL BY CLASSIFYING THESE WORKERS AS PUBLIC EMPLOYEES. NFIBS LEGAL CENTER AMICUS BRIEF ARGUED THAT, IN LIGHT OF THE SUPREME COURTS DECISION IN HARRIS V. QUINN, THE STATES ATTEMPT TO COMPEL UNIONIZATION IS INAPPROPRIATE BECAUSE HARRIS MAKES CLEAR A STATE CANNOT SIMPLY PRONOUNCE WORKERS "PUBLIC EMPLOYEES." STATUS: DECIDED. AMICUS BRIEF FILED 7/31/15. COURT RULED IN FAVOR OF COMMONWEALTHS UNION SCHEME. DEPARTMENT OF NATURAL RESOURCES V. WHITETAIL BLUFF - REGULATORY INDIANA COURT OF APPEALS INDIANA SUPREME COURT REQUEST FOR REVIEW INDIANA IS HOME TO HUNDREDS OF SMALL BUSINESSES THAT OPERATE DEER AND ELK HUNTING PRESERVES. ACTIVISTS HAVE PRESSURED THE STATE FOR YEARS TO SHUT THEM DOWN. SEVERAL YEARS AGO OFFICIALS FROM THE INDIANA DEPARTMENT OF NATURAL RESOURCES (DNR) PASSED A RULE BANNING THE CLOSED HUNTING PRESERVES. A CIRCUIT COURT RULED IN FAVOR OF NFIB MEMBER RODNEY STONE FINDING THAT DNR OVERSTEPPED ITS AUTHORITY BY TRYING TO CLOSE THE BUSINESSES. NFIB IS SUPPORTING MR. STONE IN THE STATES APPEAL. STATUS: DECIDED. AMICUS BRIEF FILED 8/14/14. COURT RULED IN FAVOR OF MR. STONE AND STATE REQUESTED REVIEW BY SUPREME COURT. NFIB FILED BRIEF OPPOSING REVIEW ON 3/27/15. COURT DENIED REVIEW. EEOC V. ABERCROMBIE & FITCH EMPLOYMENT U.S. SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER FILED A BRIEF IN SUPPORT OF ABERCROMBIE, THE CLOTHING RETAILER, WHO IS ACCUSED OF DISCRIMINATION FOR DECLINING TO HIRE AN APPLICANT THAT CLAIMED IT WAS DUE TO HER WEARING RELIGIOUS GARB. THE PLAINTIFF IS ALLEGING DISCRIMINATION EVEN THOUGH SHE NEVER MADE CLEAR THAT SHE WOULD NEED AN EXEMPTION FROM THE COMPANYS DRESS CODE. STATUS: DECIDED. BRIEF FILED 1/28/15. COURT RULED IN FAVOR OF PLAINTIFF. ENERGY AND ENVIRONMENT LEGAL INSTITUTE V. JOSHUA EPEL REGULATORY REFORM U.S. SUPREME COURT CERT PETITION AT QUESTION IN THE CASE OF ENERGY AND ENVIRONMENT LEGAL INSTITUTE V. JOSHUA EPEL IS WHETHER COLORADO STATE LAW CAN REQUIRE ELECTRICITY GENERATORS TO ENSURE THAT A CERTAIN AMOUNT OF ELECTRICITY THEY SELL TO COLORADO CONSUMERS COMES FROM RENEWABLE SOURCES. THIS BECOMES A PROBLEM BECAUSE COLORADO RESIDENTS RECEIVE THEIR ELECTRICITY FROM A GRID THAT SERVES ELEVEN STATES AND PORTIONS OF CANADA AND MEXICO. EELI, AND NFIB, ARE ARGUING THAT UNDER THE DORMANT COMMERCE CLAUSE THIS IS UNCONSTITUTIONAL. BECAUSE THE CONSTITUTION GIVES THE FEDERAL GOVERNMENT JURISDICTION OVER INTERSTATE COMMERCE, A STATES POWER TO REGULATE IS LIMITED TO CONDUCT OCCURRING WITHIN THE STATE, OR CONDUCT THAT HAS LOCAL EFFECTS. BY IMPOSING SUCH STRINGENT ENERGY REGULATIONS, COLORADO IS CONTROLLING ENERGY SOURCES THAT ARE OUTSIDE OF ITS BORDERS. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 11/16/15. COURT DENIED REVIEW. FRIEDRICHS V. CA TEACHERS ASSOC. LABOR U.S. SUPREME COURT THE COURT HAS BEEN ASKED TO DECIDE WHETHER ABOOD V. DETROIT BD. OF ED. SHOULD BE OVERRULED AND PUBLIC-SECTOR "AGENCY SHOP" ARRANGEMENTS INVALIDATED UNDER THE FIRST AMENDMENT; AND WHETHER IT VIOLATES THE FIRST AMENDMENT TO REQUIRE THAT PUBLIC EMPLOYEES AFFIRMATIVELY OBJECT TO SUBSIDIZING NONCHARGEABLE SPEECH BY PUBLIC-SECTOR UNIONS, RATHER THAN REQUIRING THAT EMPLOYEES AFFIRMATIVELY CONSENT TO SUBSIDIZING SUCH SPEECH. STATUS: DECIDED. A SPLIT 4-4 DECISION SO NINTH CIRCUITS DECISION IN FAVOR OF UNIONS REMAINS. GREEN V. BRENNAN EMPLOYMENT U.S. SUPREME COURT THE UNITED STATES SUPREME COURT WILL DECIDE WHETHER FEDERAL EMPLOYMENT DISCRIMINATION LAW ALLOWS WORKERS TO FILE CONSTRUCTIVE DISCHARGE CLAIMS WELL AFTER THEY HAVE RESIGNED, OR WHETHER THE CLOCK SHOULD START RUNNING WHEN THE ALLEGED ABUSES ARE HAPPENING. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER 10/7/15. HAVER V. BNSF RAILWAY LEGAL REFORM CALIFORNIA SUPREME COURT THE COURT WILL DETERMINE WHETHER TAKE HOME ASBESTOS EXPOSURE CLAIMS ARE BARRED UNDER CALIFORNIA ASBESTOS MEDICAL CRITERIA LAW AND ALSO FAIL UNDER A NEGLIGENCE THEORY BECAUSE NO DUTY IS OWED TO PERSONS EXPOSED OFF-SITE. THE INTERMEDIATE APPELLATE COURT ALLOWED THE CLAIMS TO PROCEED. STATUS: PENDING. AMICUS BRIEF FILED 3/11/15. HILLCREST PROPERTIES V. PASCO COUNTY PROPERTY RIGHTS U.S. SUPREME COURT - CERT PETITION IN THIS CASE A PROPERTY OWNER ADVANCES A FACIAL DUE PROCESS CHALLENGE TO AN ORDINANCE THAT PLAINLY VIOLATES THE TAKINGS CLAUSE IN REQUIRING LANDOWNERS TO DEDICATE LAND, IN THE FOOTPRINT OF A PLANNED HIGHWAY, AS A CONDITION OF GETTING A PERMIT APPROVAL. AFTER PREVAILING IN THE DISTRICT COURT, THE 11TH CIRCUIT REVERSED, HOLDING THAT THE CLAIM WAS BARRED BY THE STATUTE OF LIMITATIONS BECAUSE IT WAS BROUGHT A FEW YEARS AFTER THE ORDINANCE WAS ENACTED. OUR AMICUS BRIEF URGES THE SUPREME COURT TO TAKE THE CASE IN ORDER TO MAKE CLEAR THAT A FACIAL CHALLENGE MAY BE ADVANCED AT ANY POINT BECAUSE THE CONSTITUTIONAL INJURY OCCURS NOT WITH ENACTMENT, BUT WITH ENFORCEMENT OF THE ORDINANCE. STATUS: PENDING. AMICUS BRIEF FILED 2/20/15. HINCHY V. WALGREEN EMPLOYMENT INDIANA SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH OTHER BUSINESS GROUPS IN URGING THE INDIANA SUPREME COURT TO REVERSE A COURT OF APPEAL DECISION, WHICH HELD EMPLOYERS LIABLE FOR AN EMPLOYEES CONDUCT THAT THE EMPLOYER HAD NO CONTROL OVER. THE AMICUS ARGUED THAT THE COURT SHOULD AFFIRM LONG-STANDING COMMON LAW RULES LIMITING THE DOCTRINE OF RESPONDENT SUPERIOR. AN EMPLOYER SHOULD ONLY BE HELD LIABLE FOR THE ACTIONS OF AN EMPLOYEE IF THE EMPLOYEE WAS ACTING TO FURTHER THE BUSINESS INTERESTS, OR WHERE THE EMPLOYER HAS FAILED TO TAKE REASONABLE ACTIONS TO CONTROL THE EMPLOYEES CONDUCT. STATUS: PENDING. AMICUS BRIEF FILED 2/16/15.
SUMMARY OF LEGAL CASES FOR 2015 (CONT.) HORNE V. USDA PROPERTY RIGHTS U.S. SUPREME COURT CERT PETITION AND MERITS (2012, 2013) U.S. SUPREME COURT CERT PETITION AND MERITS (2014, 2015) UNDER THE AGRICULTURAL MARKETING AGREEMENT ACT OF 1937, RAISIN GROWERS MUST TURN OVER A SUBSTANTIAL PORTION OF THEIR CROP (SOMETIMES REACHING PERCENTAGES AS HIGH AS 30 OR 47 PERCENT OF THE ANNUAL CROP) FOR BELOW-MARKET OR NO COMPENSATION IN EXCHANGE FOR THE "PRIVILEGE" OF SELLING THE REMAINDER ON THE OPEN MARKET. THE NINTH CIRCUIT DENIED GROWERS THE RIGHT TO APPROPRIATELY CONTEST MONETARY FINES IMPOSED ON THE GROWERS WHO ALLEGEDLY FAILED TO COMPLY WITH THE SET-ASIDE. NOW THE SUPREME COURT HAS TAKEN THE CASE TO DECIDE WHETHER THIS REGIME VIOLATES THE TAKINGS CLAUSE OF THE FIFTH AMENDMENT. STATUS: DECIDED. AMICUS BRIEF FILED 8/27/12. COURT GRANTED CERT AND MERITS BRIEF FILED 1/16/13. ORAL ARGUMENT HELD 3/20/13. COURT RULED IN FAVOR OF THE GROWERS 6/10/2013. REMANDED TO NINTH CIRCUIT, WHICH RULED AGAINST GROWERS. CERT PETITION REFILED TO SUPREME COURT ON 10/19/14. MERITS BRIEF FILED ON 3/9/15. COURT RULED IN FAVOR OF HORNE. IN RE: DWYER V. COLORADO TAX COLORADO SUPREME COURT IN 2012, THE NFIB SMALL BUSINESS LEGAL CENTER FILED AN AMICUS BRIEF IN THE COLORADO SUPREME COURT IN THE LOBATO, A SCHOOL FUNDING CASE, WHICH ARGUED THAT IF THE PLAINTIFFS WERE SUCCESSFUL, THE GENERAL ASSEMBLY WOULD BE FORCED TO DEDICATE VIRTUALLY THE ENTIRE GENERAL FUND BUDGET TO PUBLIC EDUCATION AND, AS A RESULT, THE ECONOMY AND BUSINESS CLIMATE WOULD BE DECIMATED. THE PROPONENTS OF THAT LITIGATION ARE NOW ARGUING THAT THE LEGISLATURE IS NOT FOLLOWING THE MANDATE OF AMENDMENT 23 REQUIRING ANNUAL INCREASES TO PUBLIC EDUCATION FUNDING. THE STATE SOUGHT TO DISMISS THE CASE BEFORE TRIAL, BUT THE TRIAL JUDGE DENIED THAT REQUEST. SO THE STATE HAS APPEALED DIRECTLY TO THE COLORADO SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED 4/22/15. IN RE: LONGVIEW ENERGY COMPANY LEGAL REFORM TEXAS SUPREME COURT THIS CASE INVOLVES WHETHER TEXASS $25 MILLION APPEAL BOND CAP, ENACTED AS PART OF THE STATES 2003 TORT REFORM PACKAGE, SHOULD BE APPLIED PER JUDGMENT OR PER DEFENDANT. THE TRIAL COURT REQUIRED A $100 MILLION+ BOND BY MULTIPLYING THE $25 MILLION BY FOUR DEFENDANTS, RATHER THAN ALLOWING THEM TO POST A SINGLE $25 MILLION BOND. THE INTERMEDIATE APPELLATE COURT REVERSED. OUR AMICUS BRIEF ARGUES THE BOND APPLIES PER JUDGMENT. STATUS: PENDING. AMICUS BRIEF FILED 2/20/15. IN RE: PG&E APPLICATION TAX CALIFORNIA PUBLIC UTILITIES COMMISSION PG&E IS A PRIVATELY OWNED PUBLIC UTILITIES COMPANY, GOVERNED BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION. PG&E HAS SUBMITTED AN APPLICATION TO INSTALL ELECTRIC VEHICLE (EV) CHARGING STATIONS THROUGHOUT ITS SERVICE AREA IN ORDER TO HELP FACILITATE CALIFORNIAS GOAL OF ENCOURAGING CONSUMERS TO PURCHASE LOW EMISSION VEHICLES, SO AS TO REDUCE THE GREENHOUSE GAS EMISSIONS. THE REQUEST ASKS THE COMMISSION TO APPROVE A RATE HIKE FOR EXISTING UTILITIES CONSUMERS TO PAY FOR THIS INFRASTRUCTURE PROJECT. NFIB SMALL BUSINESS LEGAL CENTER FILED AN OBJECTION ARGUING THAT IT WAS UNREASONABLE TO ALLOW A PUBLIC UTILITIES TO FORCE EXISTING CONSUMERS TO PAY FOR A SERVICE THAT IS NOT DIRECTLY BENEFITING THEM, AND FURTHER THAT PG&ES PROPOSAL WOULD AMOUNT TO AN ILLEGAL TAX UNDER CALIFORNIA LAW. STATUS: PENDING. AMICUS BRIEF FILED 3/13/15. INTERNATIONAL UNION OF PAINTERS V. TIVOLI VILLAGE LABOR NEVADA SUPREME COURT THIS CASE RAISES IMPORTANT EMPLOYER PROPERTY RIGHTS ISSUES AND A NEW UNION TACTIC CALLED "PHOTO-BOMBING" IN WHICH A UNION PROJECTS ITS HANDBILLING MESSAGES ONTO THE FAADE OF AN EMPLOYERS BUILDING BY USING LARGE PROJECTION EQUIPMENT LOCATED ON PUBLIC PROPERTY. THE UNION USES THE FAADE LIKE A GIANT MOVIE SCREEN AND PROJECTS HANDBILLING MESSAGES THAT ARE OFTEN SEVERAL STORIES HIGH. IT IS LIKE "BANNERING" ON STEROIDS. TIVOLI VILLAGE WAS SUCCESSFUL IN OBTAINING INJUNCTIVE RELIEF. HOWEVER, THE UNION HAS TAKEN AN APPEAL FROM THE DISTRICT COURT TO THE NEVADA SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED 9/1/15. JOHNSON V. WYNNS EXTENDED CARE LEGAL REFORM U.S. COURT OF APPEALS FOR THE THIRD CIRCUIT THIS CASE RAISES THE QUESTION OF WHETHER THE NEW JERSEY TRUTH IN CONSUMER CONTRACT AND WARRANT NOTIFICATION ACT (TCCWNA) AUTHORIZES LAWSUITS AGAINST BUSINESSES USING ARBITRATION AGREEMENTS THAT EITHER (A) REQUIRE THE PARTIES TO COVER THEIR OWN ATTORNEYS FEES; (B) DESIGNATE THE PLACE OF ARBITRATION IN ANOTHER JURISDICTION; (C) INCLUDE A FONT SIZE THAT IS ALLEGED TO BE TOO SMALL; OR (D) WAIVES THE RIGHT TO A JURY TRIAL. BECAUSE THE ACT AUTHORIZES LITIGANTS TO BRING CLASS ACTION SUITS THAT CAN PROVE RUINOUS TO SMALL BUSINESSES, NFIB SMALL BUSINESS LEGAL CENTER FILED IN THIS CASE TO LIMIT APPLICATION OF THE TCCWNA. WE JOINED WITH OTHER BUSINESS GROUPS IN ARGUING THAT THE FEDERAL ARBITRATION ACT PRECLUDES AN EXPANSIVE INTERPRETATION. STATUS: PENDING. AMICUS BRIEF FILED 6/10/15. KERR V. HICKENLOOPER TAX U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT THE 10TH CIRCUIT HAS BEEN ORDERED TO RECONSIDER ITS PREVIOUS DECISION ALLOWING A GUARANTEE CLAUSE CHALLENGE TO MOVE TO THE MERITS. PREVIOUSLY THE 10TH CIRCUIT HELD THAT INDIVIDUAL LEGISLATORS HAD STANDING TO ADVANCE THIS CHALLENGE, AND THAT THE CLAIM IS JUSTICIABLE. BUT THE SUPREME COURT VACATED THAT DECISION AND ORDERED THE TENTH CIRCUIT TO RECONSIDER IN LIGHT OF ITS DECISION IN ARIZONA STATE LEGISLATURE V. ARIZONA INDEPENDENT REDISTRICTING COMMISSION. OUR AMICUS BRIEF ARGUES THAT, IN LIGHT OF THE ARIZONA DECISION, THE CASE SHOULD BE DISMISSED UNDER THE POLITICAL QUESTIONS DOCTRINE. STATUS: PENDING. AMICUS BRIEF FILED 7/31/15. KESNER V. SUPERIOR COURT LEGAL REFORM CALIFORNIA SUPREME COURT THE COURT WILL DETERMINE WHETHER TAKE HOME ASBESTOS EXPOSURE CLAIMS ARE BARRED UNDER CALIFORNIA ASBESTOS MEDICAL CRITERIA LAW AND ALSO FAIL UNDER A NEGLIGENCE THEORY BECAUSE NO DUTY IS OWED TO PERSONS EXPOSED OFF-SITE. THE INTERMEDIATE APPELLATE COURT ALLOWED THE CLAIMS TO PROCEED. STATUS: PENDING. AMICUS BRIEF FILED 3/11/15. LALLI V. GNC EMPLOYMENT U.S. COURT OF APPEALS FOR THE FIRST CIRCUIT NFIBS LEGAL CENTER AMICUS BRIEF ARGUES THAT WHEN AN EMPLOYER PAYS AN EMPLOYEE A FIXED SALARY FOR VARIABLE HOURS (A FLUCTUATING WORKWEEK), THE EMPLOYER IS ALSO PERMITTED TO PAY THE EMPLOYEE A BONUS (WHETHER BASED ON HOURS, PERFORMANCE, OR ANY OTHER METRIC), AND TO CALCULATE OVERTIME BASED ON THE "WAGES DIVIDED BY HOURS EQUALS REGULAR RATE." STATUS: PENDING. AMICUS BRIEF FILED 7/27/15. LINERT V. FORD MOTOR CO. LEGAL REFORM OHIO SUPREME COURT NFIB JOINED AN APPEAL OF A LOWER-COURT DECISION THAT REQUIRES MANUFACTURERS SELLING PRODUCTS IN OHIO TO WARN CONSUMERS POST-SALE OF ANY KNOWN RISK INVOLVING THE PRODUCT, EVEN IF THE PRODUCT IS NOT DEFECTIVE. STATUS: PENDING. AMICUS BRIEF FILED 8/17/15. LOMPE V. SUNRIDGE PARTNERS LLC LEGAL REFORM U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT THIS CASE INVOLVES TWO ISSUES AT THE CORE OF TWO CRITICAL DUE PROCESS CONSIDERATIONS: (1) DILIGENT POST-TRIAL EVALUATION BY THE DISTRICT JUDGE OF THE PUNITIVE DAMAGES AWARD IN LIGHT OF THE NATURE OF THE CONDUCT, THE INJURIES, AND THE OTHER FACTORS RECOGNIZED TO PLACE MEANINGFUL LIMITS ON A JURY'S POWER TO PUNISH A CIVIL DEFENDANT. THE DISTRICT JUDGE IN THIS CASE LET THE JURY USE WORLDWIDE WEALTH EVIDENCE TO JUSTIFY ITS $25.5 MILLION AWARD, AND THEN ESSENTIALLY GAVE COMPLETE DEFERENCE TO THE JURY'S FINDING WITHOUT CONSIDERING DUE PROCESS VIOLATIONS. STATUS: PENDING. AMICUS BRIEF FILED 2/9/15. MACHINISTS LOCAL V. WALKER LABOR CIRCUIT COURT DANE COUNTY THE LEGAL CENTER JOINED A BUSINESS COALITION BRIEF THAT IS DEFENDING WISCONSINS RIGHT TO WORK LAW. STATUS: PENDING. AMICUS BRIEF FILED 5/6/15. MACYS V. UNITED COMMERCIAL FOOD WORKERS/NLRB LABOR NLRB U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT THE NLRBS REGIONAL DIRECTOR APPLIED THE UNIT DETERMINATION STANDARD ANNOUNCED IN SPECIALTY HEALTHCARE TO FIND THE EMPLOYEES WORKING IN THE FRAGRANCE DEPARTMENT IN A MACY'S DEPARTMENT STORE AN APPROPRIATE UNIT. THE YEAR PRIOR, THE UNION HAD FAILED TO ORGANIZE A WALL-TO-WALL UNIT IN THE SAME STORE. THE BRIEF ATTACKS THE MICRO-UNIT STANDARD APPLIED BY THE BOARD. STATUS: PENDING. AMICUS BRIEF FILED 2/27/13. NLRB RULED IN FAVOR OF UNION AND EMPLOYER APPEALED. AMICUS BRIEF FILED IN SUPPORT OF APPEAL ON 4/27/15.
SUMMARY OF LEGAL CASES FOR 2015 (CONT.) MALONE INVESTMENTS LLC V. SOMERSET COUNTY PROPERTY RIGHTS MARYLAND COURT OF APPEALS PETITION FOR REVIEW NFIB SMALL BUSINESS LEGAL CENTER HAS ASKED MARYLANDS HIGHEST COURT TO TAKE-UP A CASE TO DETERMINE WHETHER LOCAL GOVERNMENT MAY-CONSISTENT WITH THE FIFTH AMENDMENT OF THE U.S. CONSTITUTION-WITHHOLD ACCESS TO PUBLIC SERVICES,EXCEPT ON THE CONDITION THAT A BUSINESS PAY TO COVER DISPROPORTIONATE COSTS OF A PUBLIC WORKS PROJECT. NFIB ARGUES THAT KOONTZ V. ST. JOHN RIVER MANAGEMENT DISTRICT PROHIBITS SUCH EXTORTIONATE CONDITIONS. STATUS: DECIDED. AMICUS BRIEF FILED 10/16/15. PETITION DENIED 1/4/16. MAY V. AIR & LIQUID SYSTEMS LEGAL REFORM MARYLAND COURT OF APPEALS MARYLANDS HIGHEST COURT WILL DECIDE WHETHER A MANUFACTURER HAS A DUTY TO WARN WITH RESPECT TO ASBESTOS-CONTAINING PRODUCTS MANUFACTURED, SUPPLIED, OR PLACED IN THE STREAM OF COMMERCE BY THIRD-PARTIES. STATUS: DECIDED. AMICUS BRIEF FILED 5/29/15. COURT RULED IN FAVOR OF PLAINTIFFS 12/18/15. MCCRORY V. BERGER REGULATORY REFORM NORTH CAROLINA SUPREME COURT THE NFIB SMALL BUSINESS LEGAL CENTER JOINED A COALITION BRIEF OVER WHETHER THE LEGISLATURE HAS THE POWER TO APPOINT MEMBERS OF CERTAIN COMMISSIONS OR WHETHER THE GOVERNOR HAS SOLE AUTHORITY. THE CASE STARTED WHEN THE GENERAL ASSEMBLY CREATED THE COAL ASH COMMISSION TO OVERSEE CLEANUP OF THE STATES COAL ASH PONDS. THE LEGISLATURE APPOINTED SIX OF THE COMMISSIONS NINE MEMBERS. GOVERNOR MCCRORY HAS ARGUED THAT THOSE APPOINTMENTS ENCROACHED ON "CORE EXECUTIVE BRANCH FUNCTIONS" AND THEREFORE VIOLATED THE CONSTITUTIONAL SEPARATION OF POWERS. THE BUSINESS GROUPS, INCLUDING NFIB LEGAL CENTER, HAVE ARGUED THAT ITS WITHIN THE LEGISLATURES CONSTITUTIONAL AUTHORITY TO APPOINT MEMBERS TO COMMISSIONS. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF THE LEGISLATURE ON 5/4/15. COURT RETAINED THE CURRENT RULES COMMISSION STRUCTURE IN DECISION ISSUED 2/3/16. MENDOZA V. NORDSTROM EMPLOYMENT CALIFORNIA SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER ARGUES IN THIS CASE THAT THE CALIFORNIA LABOR CODE SHOULD BE CONSTRUED TO ALLOW EMPLOYERS FLEXIBILITY IN SCHEDULING, AND THAT THIS IS GOOD FOR EMPLOYEES AS WELL. SPECIFICALLY, WE ARGUED THAT THE LABOR CODES DAY OF REST REQUIREMENT SHOULD BE CONSTRUED AS APPLYING ON A FIXED WEEKLY BASIS BECAUSE APPLYING THE REQUIREMENT ON A ROLLING BASIS WOULD RESULT IN PRACTICAL DIFFICULTIES FOR EMPLOYERS AND EMPLOYEES ALIKE. STATUS: PENDING. AMICUS BRIEF FILED 11/20/15. MICHIGAN V. EPA REGULATORY REFORM U.S. SUPREME COURT THIS CLEAN AIR ACT CASE, ASKS WHETHER EPA IMPROPERLY IMPOSED REGULATORY BURDENS-ESTIMATED TO COST INDUSTRY OVER $10 BILLION A YEAR-WITHOUT ADEQUATELY CONSIDERING WHETHER THE REGULATION COULD BE JUSTIFIED IN LIGHT OF THE MINIMAL BENEFITS TO THE PUBLIC. NFIB SMALL BUSINESS LEGAL CENTER ARGUED THAT SUCH REGULATIONS ARE ONLY NECESSARY AND APPROPRIATE WHERE THERE IS CLEAR AND CONVINCING EVIDENCE THAT PUBLIC HEALTH BENEFITS OUTWEIGH THE BURDENS. STATUS: DECIDED. AMICUS FILED 1/27/15. ON 6/29/15, THE COURT BLOCKED EPAS RULE AND ORDERED IT TO REVIEW AND REWRITE IT, TAKING COSTS INTO CONSIDERATION. MORNING STAR / CAL. CHAMBER V. CAL. AIR RESOURCES BOARD REGULATORY REFORM CALIFORNIA COURT OF APPEAL IN THIS CASE, THE NFIB SMALL BUSINESS LEGAL CENTER LEADS A COALITION OF INDUSTRY GROUPS CHALLENGING THE LEGALITY OF REGULATIONS PROMULGATED BY THE CALIFORNIA AIR RESOURCES BOARD, WHICH PROVIDE FOR THE AUCTIONING OF EMISSION ALLOWANCES UNDER CALIFORNIAS CAP-AND-TRADE PROGRAM. THE BRIEF ARGUES THAT THE AUCTIONING OF EMISSION ALLOWANCES UNREASONABLY RAISES THE COST OF COMPLIANCE FOR THE REGULATED COMMUNITY AND NEEDLESSLY RESULTS IN HIGHER ENERGY COSTS FOR THE SMALL BUSINESSES. NFIBS LEGAL CENTER SPECIFICALLY ARGUES THAT THE BOARD EXCEEDED ITS STATUTORY AUTHORITY IN CHOOSING TO FORCE BUSINESSES TO PAY BILLIONS OF DOLLARS FOR THE RIGHT TO CONTINUE THEIR OPERATIONS. STATUS: PENDING. AMICUS BRIEF FILED 5/15/15. MORRISS V. BNSF RAILWAY EMPLOYMENT U.S. COURT OF APPEALS FOR THE EIGHTH CIRCUIT THE COURT IS BEING ASKED TO DECIDE WHETHER OBESITY NOT CAUSED BY A PHYSIOLOGICAL CONDITION IS A DISABILITY FOR PURPOSES OF ACCOMMODATION UNDER THE ADA. STATUS: PENDING. AMICUS BRIEF FILED 5/22/15. MOTOROLA, INC. V. MURRAY LEGAL REFORM DISTRICT OF COLUMBIA COURT OF APPEALS REQUEST FOR REVIEW AND MERITS THE D.C. COURT IS BEING ASKED TO REJECT THE FRYE STANDARD AND ADOPT THE MORE RELIABLE AND MODERN DAUBERT STANDARD FOR EXPERT TESTIMONY. STATUS: PENDING. AMICUS BRIEF FILED 10/24/14. COURT GRANTED REVIEW AND AMICUS BRIEF AND BRIEF ON MERITS FILED 2/25/15. MURR V. STATE OF WISCONSIN PROPERTY RIGHTS U.S. SUPREME COURT CERT PETITION IN THIS CASE NFIB SMALL BUSINESS LEGAL CENTER JOINS WITH THE NATIONAL ASSOCIATION OF HOMEBUILDERS AND THE CALIFORNIA CATTLEMENS ASSOCIATION IN ASKING THE U.S. SUPREME COURT TO TAKE UP AN IMPORTANT ISSUE OF CONCERN TO MANY SMALL BUSINESS OWNERS WHO OWN ADJOINING PARCELS OF LAND. IN THIS CASE WISCONSIN COURTS HELD THAT A LANDOWNER CAN BE DENIED THE RIGHT TO BUILD ANYTHING ON AN ADJACENT PARCEL OF LAND WITHOUT INCURRING AN OBLIGATION TO PAY FOR THE TAKING OF THE OWNERS PROPERTY RIGHTS. THE WISCONSIN COURTS INAPPROPRIATELY TREATED TWO SEPARATE LOTS AS A SINGLE PROPERTY TO DEFEAT THE OWNERS TAKINGS CLAIM. ACCORDINGLY, THE CASE IS CONCERNING FOR SMALL BUSINESS LANDOWNERS WHO MAY BE INTERESTED IN EXPANDING THEIR OPERATIONS ON ADJACENT LOTS, OR INTERESTED IN INVESTING IN OTHER DEVELOPMENT OPPORTUNITIES NEAR THEIR EXISTING FACILITIES. STATUS: PENDING. AMICUS BRIEF FILED 9/17/15. CERT GRANTED. MYERS V. CROUSE-HINDS LEGAL REFORM INDIANA SUPREME COURT NFIBS LEGAL CENTER AMICUS BRIEF ARGUED THAT INDIANAS WELL-ESTABLISHED STATUTE OF REPOSE JURISPRUDENCE IS CONSTITUTIONALLY CORRECT, AND ENHANCES THE ABILITY OF INDIANA MANUFACTURERS AND OTHER BUSINESSES TO MEET THE NEEDS OF THE MILLIONS OF HOOSIERS AND OTHER CONSUMERS THEY SERVE. STATUS: PENDING. AMICUS BRIEF FILED 7/20/15. NERRTAVICH V. PPL LEGAL REFORM PENNSYLVANIA SUPREME COURT IN THIS CASE THE PENNSYLVANIA SUPREME COURT HAS BEEN ASKED TO HOLD PROPERTY OWNERS LIABLE FOR NEGLIGENT ACTS OF THEIR EMPLOYEES, WITHOUT REGARD TO WHETHER THE PROPERTY OWNER HAS EXERTED ANY CONTROL OVER THE CONTRACTORS WORK. NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH THE U.S. CHAMBER OF COMMERCE IN THIS FILING, ARGUING THAT THE COURT SHOULD AFFIRM THE HISTORIC COMMON LAW RULE THAT A LANDOWNER IS NOT LIABLE FOR THE ACTIONS OF A CONTRACTOR EXCEPT IN THE EVENT THAT HE OR SHE DIRECTS THE CONTRACTOR TO TAKE SPECIFIC ACTIONS THAT DIRECTLY CAUSE INJURY TO ANOTHER. STATUS: PENDING. AMICUS BRIEF FILED 8/7/15. NATIONAL RESTAURANT ASSOCIATION V. NY LABOR BOARD - EMPLOYMENT NEW YORK INDUSTRIAL BOARD OF APPEALS NEW YORK SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED AN AMICUS LETTER BRIEF FILED IN THE NATIONAL RESTAURANT ASSOCIATIONS CHALLENGE WITH THE STATE INDUSTRIAL BOARD OF APPEALS, ASKING THE PANEL TO THROW OUT A SEPTEMBER ORDER FROM THE STATE DEPARTMENT OF LABOR IMPLEMENTING A HIGHER MINIMUM WAGE AT FAST-FOOD CHAINS LIKE MCDONALDS AND BURGER KING. CRITICS OF THE MINIMUM-WAGE BUMP, WHICH WOULD GRADUALLY RAMP UP TO $15-AN-HOUR STATEWIDE BY JULY 2021. THE STATES CURRENT MINIMUM WAGE IS $8.75. NFIB SMALL BUSINESS LEGAL CENTER ARGUED IN THE AMICUS THAT THE LABOR DEPARTMENT'S ORDER IS A "THINLY VEILED ATTEMPT BY GOVERNOR CUOMO" TO ILLEGALLY BYPASS THE STATE LEGISLATURE. STATUS: PENDING. AMICUS BRIEF FILED 12/4/15. AMICUS BRIEF FILED WITH NEW YORK SUPREME COURT 2/5/16. NESTLE-DREYER V. NLRB LABOR U.S. COURT OF APPEALS FOR THE FOURTH CIRCUIT ON DECEMBER 28, 2011, THE NLRB UPHELD A REGIONAL DIRECTOR'S UNIT DETERMINATION OF MAINTENANCE EMPLOYEES AT NESTLE DREYER'S ICE CREAM PLANT. THE REGIONAL DIRECTORS DECISION WAS BASED ON THE MICRO-UNION STANDARD FROM SPECIALTY HEALTHCARE. NESTLE-DREYER LOST THE ELECTION AND REFUSED TO BARGAIN. ON MAY 18, THE BOARD ISSUED A DECISION FINDING THE COMPANY COMMITTED A ULP BY DOING SO. NESTLE DRYER HAS APPEALED THE ULP DECISION TO THE U.S. COURT OF APPEALS FOR THE FOURTH CIRCUIT CHALLENGING THE MICRO UNION STANDARD. STATUS: PENDING. NFIB FILED AMICUS BRIEF ON 7/11/12. AGAIN CONSIDERED BY THE BOARD AND FOURTH CIRCUIT (POST-NOEL CANNING). BRIEF FILED 1/13/15. NEW JERSEY BUSINESS & INDUSTRY ASSOC. V. CITY OF TRENTON - EMPLOYMENT SUPERIOR COURT OF NEW JERSEY, MERCER COUNTY NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH OTHER INDUSTRY GROUPS THAT CHALLENGED TRENTONS NEWLY PASSED PAID SICK LEAVE ORDINANCE. THE COMPLAINT ARGUES, AMONG OTHER CLAIMS, THAT NEW JERSEYS LAW VIOLATES THE STATE CONSTITUTION. STATUS: DECIDED. COMPLAINT FILED 2/27/15. COURT DISMISSED COMPLAINT.
SUMMARY OF LEGAL CASES FOR 2015 (CONT.) NFIB V. GESSLER - TAX DISTRICT COURT CITY AND COUNTY OF DENVER COLORADO SUPREME COURT SEEKING ENFORCEMENT OF THE TAXPAYER BILL OF RIGHTS UNDER THE STATES CONSTITUTION, NFIB SUED THE SECRETARY OF STATE SCOTT GESSLER. ACCORDING TO THE LAWSUIT, THE STATE COLLECTS APPROXIMATELY $20 MILLION PER YEAR FROM BUSINESSES THAT ARE REQUIRED TO FILE CERTAIN DOCUMENTS WITH THE STATE. HOWEVER, THE SECRETARY OF STATES OFFICE DOESNT JUST REGULATE BUSINESSES, IT RUNS THE STATES ELECTIONS OPERATIONS, REGULATES BINGOS AND RAFFLES, AND CONDUCTS OTHER FUNCTIONS NOT RELATED TO BUSINESSES, ALL OF WHICH IS FUNDED BY THE MONEY COLLECTED FROM BUSINESSES SMALL AND LARGE. THE OFFICE RECEIVES NO MONEY FROM THE STATES GENERAL FUND. STATUS: PENDING. DISTRICT COURT UPHELD THE FEE AND NFIB APPEALED TO THE SUPREME COURT IN DECEMBER 2015. NORTH DAKOTA V. HEYDINGER REGULATORY REFORM MINNESOTA SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH PACIFIC LEGAL FOUNDATION IN THIS CASE, ARGUING THAT MINNESOTAS GREEN ENERGY STANDARDS VIOLATE THE DORMANT COMMERCE CLAUSE. IN THIS CASE MINNESOTAS REGULATIONS EFFECTIVELY CONTROL OUT-OF-STATE CONDUCT, IN A MANNER THAT AMOUNTS TO EXTRATERRITORIAL REGULATION. STATUS: PENDING. AMICUS BRIEF FILED 1/22/15. PAINTCARE V. MORTENSEN REGULATORY REFORM CALIFORNIA SUPREME COURT THIS CASE RAISES THE QUESTION OF WHETHER A STATE AGENCY HAS GENERAL "GAP-FILLING" AUTHORITY TO REGULATE ON MATTERS FOR WHICH A STATUTE IS SILENT. WE URGED THE CALIFORNIA SUPREME COURT TO TAKE THE CASE BECAUSE WE THINK THIS IS A FUNDAMENTAL QUESTION OF ADMINISTRATIVE LAW ON WHICH CALIFORNIA COURTS ARE DIVIDED. OUR POSITION IS THAT AN AGENCYS AUTHORITY SHOULD GENERALLY BE NARROWLY CONSTRUED CONSISTENT WITH TEXT AND STRUCTURE OF THE STATUTE IN QUESTION. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF PAINTCARE ON 4/17/15. PASCO COUNTY V. HILLCREST PROPERTY, LLP PROPERTY RIGHTS U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT U.S. SUPREME COURT CERT PETITION HILLCREST PROPERTY CHALLENGES A COUNTY ORDINANCE REQUIRING LANDOWNERS TO DEDICATE PROPERTY TO THE PUBLIC FOR PLANNED FUTURE HIGHWAYS. THE CONDITION IS IMPOSED AS A TERM OF APPROVAL FOR ANY NEW DEVELOPMENT PROJECT WHEN THE OWNER HOLDS LAND IN THE FOOTPRINT OF A PLANNED FUTURE HIGHWAY. NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH PACIFIC LEGAL FOUNDATION IN ARGUING THAT THIS CONDITION IS UNCONSTITUTIONAL. STATUS: DECIDED. AMICUS BRIEF FILED 8/26/13. COURT REVERSED DISTRICT COURT ON STATUTE OF LIMITATIONS ISSUE, AND NEVER ADDRESSED THE MERITS (6/13/14). AMICUS BRIEF FILED IN SUPPORT OF PETITION FOR CERTIORARI 2/20/15. CERTIORARI DENIED. PEOPLE V. ATLANTIC RICHFIELD CO. ET AL. LEGAL REFORM CALIFORNIA COURT OF APPEAL IN THIS CASE, COMPANIES THAT ONCE MANUFACTURED LEAD-PAINT APPEAL A SUPERIOR COURT DECISION HOLDING THEM LIABLE FOR A PUBLIC NUISANCE. THIS RULING WAS CONTROVERSIAL IN PART BECAUSE CURRENT STATUTES PERMIT LANDOWNERS TO MAINTAIN BUILDINGS WITH LEAD PAINT UNDER CERTAIN SPECIFIED CONDITIONS. FURTHER, THE CASE HAS SERIOUS IMPLICATIONS FOR SMALL BUSINESSES PROPERTY OWNERS-AT LEAST FOR THOSE OWNING OLDER PROPERTIES THAT MAY CONTAIN LEAD PAINT. ACCORDINGLY, NFIB SMALL BUSINESS LEGAL CENTER FILED AN AMICUS BRIEF ARGUING THAT THE SUPERIOR COURTS DECISION SHOULD BE REVERSED. STATUS: PENDING. AMICUS BRIEF FILED 2/23/15. PEOPLE FOR THE ETHICAL TREATMENT OF PROPERTY OWNERS (PETPO) V. US FWS REGULATORY REFORM U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH THE CHAMBER OF COMMERCE IN SUPPORT OF PROPERTY OWNERS CHALLENGING THE REGULATORY AUTHORITY OF THE U.S. FISH AND WILDLIFE SERVICES TO ENFORCE ENDANGERED SPECIES ACT (ESA) RESTRICTIONS FOR THE UTAH PRAIRIE DOG. THE U.S. DISTRICT COURT FOR THE DISTRICT OF UTAH HELD THAT THE FEDERAL GOVERNMENT HAS NO AUTHORITY TO ENFORCE ESA RESTRICTIONS WITH REGARD TO THIS SPECIES BECAUSE IT IS FOUND ONLY IN UTAH, HAS NO COMMERCIAL VALUE AND HAS NO IMPACT ON INTERSTATE COMMERCE. OUR JOINT-AMICUS BRIEF EMPHASIZES THAT THE COMMERCE CLAUSE HAS MEANINGFUL LIMITATIONS AND THAT IGNORING THOSE LIMITATIONS HAS SEVERE ADVERSE IMPACTS ON BUSINESSES IN THIS CASE. STATUS: PENDING. AMICUS BRIEF FILED 5/26/15. PROPERTY RESERVE V. DWR PROPERTY RIGHTS CALIFORNIA COURT SUPREME COURT IN THIS CASE LANDOWNERS SUCCESSFULLY ARGUED BEFORE THE COURT OF APPEAL THAT THE STATE HAD EFFECTED A TAKING-REQUIRING PAYMENT OF JUST COMPENSATION-FOR A TEMPORARY PHYSICAL INVASION OF THEIR LAND WHEN STATE AGENTS ENTERED THE PROPERTY FOR THE PURPOSES OF CONDUCTING ENVIRONMENTAL AND ENGINEERING STUDIES NECESSARY TO DETERMINE WHETHER A CONTEMPLATED PROJECT PUBLIC WORKS PROJECT WAS FEASIBLE. DURING THESE STUDIES STATE AGENTS ENTERED THE PROPERTIES REPEATEDLY OVER THE COURSE OF SEVERAL MONTHS, AND BORE HOLES IN THE GROUND. BUT THE STATE MAINTAINS THAT THOSE STUDIES WERE CONDUCTED FOR THE PURPOSE OF DETERMINING WHETHER THE STATE WANTED TO ACTUALLY EXERCISE ITS EMINENT DOMAIN POWERS AND THAT IT WOULD MAKE IT LOGISTICALLY VERY DIFFICULT FOR THE STATE TO CARRY OUT PUBLIC WORKS PROJECTS IF IT COULD NOT DO PRELIMINARY STUDIES WITHOUT EFFECTING A TAKING. IN RESPONSE, NFIB SMALL BUSINESS LEGAL CENTER ARGUED IN THE CALIFORNIA SUPREME COURT THAT ANY NON-TRIVIAL PHYSICAL INVASION OF PROPERTY IS A PER SE TAKING. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF LANDOWNERS ON 3/19/15. RAINS V. STAYTON BUILDERS LEGAL REFORM OREGON SUPREME COURT THIS CASE INVOLVES THE CONSTITUTIONALITY OF OREGONS DAMAGE CAP. THE TRIAL RESULTED IN A VERDICT OF $5.2 MILLION IN ECONOMIC DAMAGES PLUS $3.1 MILLION IN NONECONOMIC DAMAGES TO AN INJURED CONSTRUCTION WORKER AND AN ADDITIONAL $1 MILLION TO HIS WIFE FOR LOSS OF CONSORTIUM. THE INTERMEDIATE APPELLATE COURT REVERSED THE TRIAL COURTS DECISION THAT THE CAP WAS INVALID AS APPLIED TO ALL CLAIMS. STATUS: PENDING. AMICUS BRIEF FILED 7/2/15. SAKKAB V. LUXOTTICA RETAIL NORTH AMERICA, INC. - EMPLOYMENT U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT THE QUESTION PRESENTED IN THIS CASE IS WHETHER EMPLOYERS MAY ENFORCE ARBITRATION AGREEMENTS WITH THEIR EMPLOYEES. NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH PACIFIC LEGAL FOUNDATION IN ARGUING THAT ARBITRATION AGREEMENTS SHOULD BE ENFORCED-PURSUANT TO THE FEDERAL ARBITRATION ACT-ON THE SAME TERMS AS ANY OTHER AGREEMENT. GIVEN A STRING OF DECISIONS FROM STATE COURTS LIMITING THE ENFORCEABILITY OF ARBITRATION AGREEMENTS, WE MAINTAIN THAT ITS ESPECIALLY IMPORTANT FOR THE FEDERAL COURTS TO ENFORCE THIS POINT OF FEDERAL LAW. STATUS: PENDING. AMICUS BRIEF FILED 11/20/15. SCAPA DRYER FABRICS, INC. V. KNIGHT LEGAL REFORM GEORGIA SUPREME COURT THE LEGAL CENTER JOINED A COALITION BRIEF ASKING THE STATE SUPREME COURT TO OVERTURN AN APPELLATE DECISION THAT UPHELD AN AWARD OF MORE THAN $4 MILLION TO A RETIRED SHEET METAL WORKER AND HIS WIFE. THE PLAINTIFF HERE DID NOT EXHIBIT SYMPTOMS OF MESOTHELIOMA UNTIL DECADES AFTER HIS INITIAL ASBESTOS EXPOSURE. STATUS: PENDING. AMICUS BRIEF FILED 5/15/15. SOLUS INNOVATIONS LLC V. SUPERIOR COURT LEGAL REFORM CALIFORNIA SUPREME COURT OUR AMICUS BRIEF ARGUED THAT CALIFORNIA DISTRICT ATTORNEYS LACK AUTHORITY TO IMPOSE PENALTIES ON TOP OF THOSE ALREADY ASSESSED BY CAL/OSHA FOR WORKPLACE SAFETY VIOLATIONS. SPECIFICALLY, WE CONTEND THAT THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT PREEMPTS ALL STATE REGULATION OF WORKPLACE SAFETY ISSUES, EXCEPT AS AUTHORIZED BY THE SECRETARY OF LABOR IN AN APPROVED STATE WORKPLACE SAFETY PLAN. SINCE IN THIS CASE THE DISTRICT ATTORNEY OF ORANGE COUNTY SOUGHT TO IMPOSE PENALTIES EXPONENTIALLY GREATER THAN THOSE ALREADY IMPOSED BY CAL/OSHA, AND WITHOUT ANY AUTHORITY UNDER CALIFORNIAS APPROVED PLAN, WE ARGUE THAT THE SUPREME COURT SHOULD RULE IN FAVOR OF THE EMPLOYER-DEFENDANTS. STATUS: PENDING. AMICUS BRIEF FILED 5/27/15. SPOKEO, INC. V. ROBINS LEGAL REFORM U.S. SUPREME COURT UNDER ARTICLE III OF THE U.S. CONSTITUTION, A PLAINTIFF MUST ALLEGE THAT HE OR SHE HAS SUFFERED AN "INJURY-IN-FACT" TO ESTABLISH STANDING TO SUE IN FEDERAL COURT. IN THIS CASE, THE COURT WILL DECIDE WHETHER CONGRESS MAY CONFER ARTICLE III STANDING BY AUTHORIZING A PRIVATE RIGHT OF ACTION BASED ON A BARE VIOLATION OF A FEDERAL STATUTE, EVEN THOUGH THE PLAINTIFF HAS NOT SUFFERED ANY CONCRETE HARM. STATUS: PENDING. AMICUS BRIEF FILED 7/9/15. STAHL V. HIALEAH HOSPITAL EMPLOYMENT FLORIDA SUPREME COURT THE COURT HERE WILL DECIDE WHETHER TO UPHOLD REFORMS TO FLORIDAS WORKERS COMPENSATION SYSTEM. STATUS: PENDING. AMICUS BRIEF FILED 12/2/15.
SUMMARY OF LEGAL CASES FOR 2015 (CONT.) STATE OF OREGON V. ALDERWOOD PROPERTY RIGHTS OREGON SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH PACIFIC LEGAL FOUNDATION IN A FILING BEFORE THE OREGON SUPREME COURT IN STATE V. ALDERWOOD, ARGUING THAT LANDOWNERS SHOULD BE COMPENSATED WHEN THE STATE IMPEDES OR OBSTRUCTS ACCESS FROM PRIVATE PROPERTY ONTO PUBLIC ROADS. THE STATE CONTENDS THAT THE OWNER SHOULD NOT BE ENTITLED TO ENTER EVIDENCE OF LOST VALUES RESULTING FROM SUCH AN OBSTRUCTION; HOWEVER, WE CONTEND THAT ACCESS RIGHTS ARE COMPENSABLE AND PROTECTED BY THE TAKINGS CLAUSE. STATUS: PENDING. AMICUS BRIEF FILED ON 3/27/15. STEPHENSON V. PFIZER EMPLOYMENT U.S. COURT OF APPEALS FOR THE FOURTH CIRCUIT THE APPELLATE COURT IS BEING ASKED TO DETERMINE WHETHER PROVIDING A FULL-TIMER DRIVER IS A REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT. STATUS: DECIDED. AMICUS BRIEF FILED 5/11/15. COURT RULED FOR THE PLAINTIFF ON 3/2/16. STREET STONE PARTNER V. CHICAGO LEGAL REFORM ILLINOIS SUPREME COURT THE STATE HAS ARGUED THAT NON-ATTORNEYS SHOULD NOT BE PERMITTED TO REPRESENT PARTIES IN STATE ADMINISTRATIVE HEARINGS. NFIB SMALL BUSINESS LEGAL CENTERS AMICUS ARGUES THAT ADMINISTRATIVE AGENCY HEARINGS, LIKE UNEMPLOYMENT MATTERS, CAN BE HANDLED MORE EFFICIENTLY AND LESS EXPENSIVELY BY NON-ATTORNEY REPRESENTATIVES. STATUS: PENDING. AMICUS BRIEF FILED 1/7/15. SUTTNER V. CRANE CO. LEGAL REFORM NEW YORK COURT OF APPEALS THE STATES HIGHEST COURT WILL CONSIDER WHETHER A MANUFACTURER OF A PRODUCT SUCH AS A PUMP OR VALVE HAS A DUTY TO WARN ABOUT ASBESTOS-CONTAINING REPLACEMENT PARTS (GASKETS AND PACKING) OR EXTERNALLY APPLIED THERMAL INSULATION MADE BY OTHERS AND USED IN CONJUNCTION WITH THE MANUFACTURERS PRODUCTS. STATUS: PENDING. AMICUS BRIEF FILED 6/18/15. TYSON V. BOUAPHAKEO LEGAL REFORM U.S. SUPREME COURT NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH THE U.S. CHAMBER OF COMMERCE ON A BRIEF URGING THE SUPREME COURT TO RIGIDLY ENFORCE FEDERAL RULES PRECLUDING CERTIFICATION OF CLASS ACTION LAWSUITS. SPECIFICALLY, WE ARGUED THAT IT IS IMPROPER TO CERTIFY A CLASS ACTION SUIT TO PROCEED IN THE ABSENCE OF SOLID EVIDENCE THAT ALL OF THE CLASS MEMBERS HAVE BEEN INJURED IN THE SAME WAY. NFIBS LEGAL CENTER BRIEF ARGUED, ITS IMPROPER TO RELY ON MODELS BECAUSE THEY WOULD ULTIMATELY AWARD DAMAGES TO SOME INDIVIDUALS WHO HAD NOT BEEN INJURED (OR GREATER DAMAGES THAN THEY OUGHT TO RECEIVE), WHILE CONVERSELY DENYING PROPER COMPENSATION TO INDIVIDUALS WHO MAY HAVE SUFFERED A MORE SERIOUS INJURY THAN THE STATISTICAL MEAN AVERAGE OF THE REPRESENTATIVE CLASS. STATUS: DECIDED. AMICUS BRIEF FILED 8/14/15. COURT RULED IN FAVOR OF PLAINTIFFS. UNITED AUTO WORKERS V. VOLKSWAGEN - LABOR NATIONAL LABOR RELATIONS BOARD NFIB SMALL BUSINESS LEGAL CENTER JOINED AN AMICUS BRIEF ARGUING THAT THE NLRBS SPECIALTY HEALTHCARE RULE VIOLATES THE FUNDAMENTAL PRINCIPLES OF THE NATIONAL LABOR RELATIONS ACT BY CEDING TO THE UNION THE BOARDS RESPONSIBILITY TO DECIDE WHAT BARGAINING UNIT IS APPROPRIATE, AND ALLOWS FOR THE "BALKANIZATION" OF EMPLOYER WORKPLACES BY ALLOWING FOR THE CREATION OF MULTIPLE MICRO-UNITS THAT WILL CAUSE ENDLESS NEGOTIATIONS, CONFLICTING UNION DEMANDS AND BURDENSOME ADMINISTRATIVE OBLIGATIONS. STATUS: PENDING. AMICUS BRIEF FILED 12/23/15. US LEGAL SERVICES V. ATALESE LEGAL REFORM U.S. SUPREME COURT CERT PETITION THE FEDERAL ARBITRATION ACT WAS ENACTED WITH THE EXPLICIT PURPOSE OF ENSURING THAT ARBITRATION AGREEMENTS WILL BE RESPECTED IN COURTS, SO AS TO REDUCE LITIGATION COSTS FOR BUSINESSES. UNFORTUNATELY SOME STATES HAVE CONTINUALLY SOUGHT TO INVALIDATE ARBITRATION AGREEMENTS UNDER JUDICIALLY CRAFTED RULES. IN THIS CASE, THE NEW JERSEY SUPREME COURT HELD THAT AN ARBITRATION AGREEMENT WAS INVALID BECAUSE IT DID NOT CLEARLY STATE THAT THE CONSUMER WOULD BE WAIVING HIS/HER RIGHT TO A JURY TRIAL; HOWEVER, THE TERMS OF THE AGREEMENT WERE PERFECTLY CLEAR IN STATING THAT THE PARTIES WERE AGREEING TO "BINDING ARBITRATION". ACCORDINGLY,NFIB SMALL BUSINESS LEGAL CENTER JOINED WITH CATO INSTITUTE IN ARGUING THAT THE NEW JERSEY SUPREME COURTS DECISION UNDERMINES THE NATIONAL POLICY OF ENFORCING ARBITRATION AGREEMENTS BY THEIR TERMS. AND OF GREATER CONCERN, THE BRIEF ARGUED THAT NEW JERSEYS RULE HAS NATIONWIDE IMPLICATIONS BECAUSE ANY COMPANY DOING BUSINESS WITH A NEW JERSEY CUSTOMER MUST EMPLOY SPECIAL LANGUAGE IN FUTURE ARBITRATION AGREEMENTS. STATUS: DECIDED. AMICUS BRIEF FILED 2/23/15. PETITION DENIED 6/8/15. UPMC SHADYSIDE V. NLRB LABOR U.S. COURT OF APPEALS FOR THE THIRD CIRCUIT UPMC AND UPMC PRESBYTERIAN SHADYSIDE FILED AN APPEAL INVOLVING TWO ISSUES: (1) WHETHER A DISTRICT COURT HAS THE POWER TO MODIFY BROAD SUBPOENAS ISSUED BY AN ADMINISTRATIVE AGENCY (HERE, THE NATIONAL LABOR RELATIONS BOARD); AND (2) WHETHER THE NLRB CAN HOLD ONE PARENT ENTITY RESPONSIBLE FOR THE ALLEGED UNFAIR LABOR PRACTICES OF ANOTHER SEPARATELY-INCORPORATED AND SEPARATELY-OPERATED SUBSIDIARY COMPANY UNDER A "SINGLE EMPLOYER" THEORY OF LIABILITY. STATUS: PENDING. AMICUS BRIEF FILED 4/15/15. WEST VIRGINIA V. EPA ENVIRONMENTAL/REGULATORY U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT NFIB SMALL BUSINESS LEGAL CENTER JOINED A COALITION OF BUSINESS GROUPS IN A LAWSUIT TO INVALIDATE THE EPAS NEW POWER PLANT RULE, WHICH FORCES STATES TO SHUT DOWN MANY OF THEIR ELECTRIC ENERGY GENERATORS IN FAVOR OF COSTLY AND ALTERNATIVES THAT MIGHT NOT BE AS RELIABLE. THE POWER PLANT REGULATION IS PART OF THE ADMINISTRATIONS SO-CALLED CLEAN POWER PLAN. IT FORCES STATES TO SHUTTER COAL-POWER ELECTRICITY GENERATORS, WHICH SUPPLY MOST OF AMERICAS ELECTRICITY, AND SUBMIT PLANS FOR MORE ALTERNATIVE ENERGY SOURCES. EVEN THE ADMINISTRATION EXPECTS THE REGULATION TO DRIVE UP THE COST OF ELECTRICITY, THE IMPACT OF WHICH WILL FALL HARD ON SMALL BUSINESSES THAT DEPEND HEAVILY ON AFFORDABLE ENERGY. STATUS: PENDING. NFIBS PETITION FILED 10/23/15. YAAKOV V. FCC LEGAL REFORM U.S. COURT OF APPEALS FOR THE DC CIRCUIT NFIBS LEGAL CENTER AMICUS BRIEF ARGUED THAT THE FCCS SOLICITED FAX RULE EXCEEDS THE FCCS STATUTORY AUTHORITY, PARTICULARLY UNDER THE FIRST AMENDMENT. IF THE COURT AGREES AND VACATES THE SOLICITED FAX RULE, NFIBS MEMBERS WILL NO LONGER BE SUBJECT TO CLASS-ACTION LAWSUITS FOR VIOLATING THIS FCC RULE. STATUS: PENDING. AMICUS BRIEF FILED 5/22/15.
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 RETURN IS REVIEWED BY THE CHAIR OF THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS. THE FINAL RETURN IS THEN FILED WITH THE INTERNAL REVENUE SERVICE.
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 PART VI, SECTION B: POLICIES, LINE 15 THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS OF NFIB IS RESPONSIBLE FOR DETERMINING COMPENSATION FOR THE CEO, CFO, SECRETARY AND SVPS OF THE ORGANIZATION. THE TREASURER'S AND EXECUTIVE DIRECTOR'S COMPENSATION IS REVIEWED AND SET BY THE CEO. IN OCTOBER 2015, 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 COMMITTEE RELIES ON THIS INDEPENDENT REVIEW TO ENSURE THAT REASONABLE COMPENSATION IS PAID TO THE CEO, CFO, SECRETARY AND SVPS. 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 SVPs EACH YEAR DURING THEIR MEETING WHICH IS TYPICALLY HELD IN 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 PART VI, SECTION C: DISCLOSURE, 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.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.
Cat. No. 51056K
Schedule O (Form 990 or 990-EZ) 2015


Additional Data


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SCHEDULE R
(Form 990)

Department of the Treasury
Internal Revenue Service
Related Organizations and Unrelated Partnerships
MediumBulletComplete if the organization answered "Yes" on Form 990, Part IV, line 33, 34, 35b, 36, or 37.
MediumBulletAttach to Form 990.
MediumBullet
Information about Schedule R (Form 990) and its instructions is at www.irs.gov/form990.

OMB No. 1545-0047
2015
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 (if applicable) 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 entity?
Yes No
(1)NATIONAL FEDERATION OF INDEPENDENT BUS
53 CENTURY BLVD SUITE 250

NASHVILLE,TN37214
94-0707299
MEM. REPRES. CA 501(C)(6)   NA
 
 
No
(2)NFIB RESEARCH FOUNDATION
53 CENTURY BLVD SUITE 250

NASHVILLE,TN37214
04-3592337
RESEARCH TN 501(C)(3) 11a-Type I NFIB
 
Yes
 
(3)NFIB YOUNG ENTREPRENEUR FOUNDATION
53 CENTURY BLVD SUITE 250

NASHVILLE,TN37214
62-1557196
EDUCATION TN 501(C)(3) 11a-Type I NFIB
 
Yes
 
(4)NFIB SAVE AMERICAS FREE ENTERPRISE TRUST
53 CENTURY BLVD SUITE 250

NASHVILLE,TN37214
94-2532364
PAC CA 527   NFIB
 
Yes
 
(5)NFIB THE VOICE OF FREE ENTERPRISE INC
53 CENTURY BLVD SUITE 250

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




For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 50135Y
Schedule R (Form 990) 2015
Schedule R (Form 990) 2015
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
(i)
Section 512(b)(13) controlled entity?
Yes No
(1) NFIB MEMBER SERVICES CORPORATION

53 CENTURY BLVD SUITE 250
NASHVILLE,TN372143682
94-2899404
MEMBER BENEFITS CA NA
 
C       Yes  












Schedule R (Form 990) 2015
Schedule R (Form 990) 2015
Page 3
Part V
Transactions With Related Organizations Complete if the organization answered "Yes" on Form 990, Part IV, line 34, 35b, or 36.
Note. Complete line 1 if any entity is listed in Parts II, III, or IV of this schedule.
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, or (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 Dividends from related organization(s) ............................
1f
 
No
g Sale of assets to related organization(s) ............................
1g
 
No
h Purchase of assets from related organization(s) ............................
1h
 
No
i Exchange of assets with related organization(s) ............................
1i
 
No
j Lease of facilities, equipment, or other assets to related organization(s) .......................
1j
 
No
k Lease of facilities, equipment, or other assets from related organization(s) ......................
1k
 
No
l Performance of services or membership or fundraising solicitations for related organization(s) .....................
1l
 
No
m Performance of services or membership or fundraising solicitations by related organization(s) .................
1m
Yes
 
n Sharing of facilities, equipment, mailing lists, or other assets with related organization(s) ...................
1n
Yes
 
o Sharing of paid employees with related organization(s) ............................
1o
Yes
 
p Reimbursement paid to related organization(s) for expenses ............................
1p
Yes
 
q Reimbursement paid by related organization(s) for expenses ............................
1q
Yes
 
r Other transfer of cash or property to related organization(s) ............................
1r
Yes
 
s Other transfer of cash or property from related organization(s) ............................
1s
 
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 related organization
(b)
Transaction
type (a-s)
(c)
Amount involved
(d)
Method of determining amount involved
(1) NFIB THE VOICE OF FREE ENTERPRISE INC

LINE 532,252 FMV
(2) NATIONAL FEDERATION OF INDEPENDENT BUSINESS

LINE 103,727 FMV
(3) NATIONAL FEDERATION OF INDEPENDENT BUSINESS

LINE 227,362 FMV
(4) NATIONAL FEDERATION OF INDEPENDENT BUSINESS

LINE 75,359 FMV


Schedule R (Form 990) 2015
Schedule R (Form 990) 2015
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) 2015
Schedule R (Form 990) 2015
Page 5
Part VII
Supplemental Information
Provide additional information for responses to questions on Schedule R (see instructions).
Return Reference Explanation
Schedule R (Form 990) 2015

Additional Data


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