Howard S. Silver
Howard Silver has been helping nonprofit and tax-exempt organizations succeed for more than 30 years. Early to recognize the sector's need for dedicated legal capability, Howard counsels on navigating the maze of tax, governance, structuring, compensation, and other regulatory issues and transaction challenges facing today's nonprofits.
He works closely with a wide range of charitable and other nonprofit entities, including healthcare, educational and research institutions, private foundations, trade associations and coalitions, as well as other nonprofits and for-profits that relate to, or transact business with, these organizations. Howard's experience includes forming and structuring nonprofits, their subsidiaries, and affiliated enterprises; securing tax exemptions; advising on governance and fiduciary matters; establishing, reorganizing, and combining healthcare and university systems, and other complex ventures; and planning for executive compensation arrangements.
He also advises on restructuring nonprofits by merger, acquisition, affiliation, spin-off, dissolution, and reincorporation; minimizing exposure to unrelated business income taxes (UBIT); developing joint venture, licensing, sponsorship, and other commercial agreements; and advising on intermediate sanctions and foundation excise tax rules. Howard also focuses on converting nonprofits to for-profits, and vice-versa; comporting with exempt bond requirements; complying with fundraising rules; advising on lobbying and political activity parameters; implementing grant-making and other nonprofit activities abroad; preparing IRS ruling requests and assisting with audits and appeals; and counseling on other legal complexities impacting nonprofits.
A perennial firm leader in pro bono commitments, Howard helped establish Gifts for the Homeless and served on its board, as well as on those of other nonprofits. He is active in advising public interest organizations. Early in his career, he was a research assistant to former U.S. Supreme Court Justice and UN Ambassador Arthur Goldberg.
Advised on market-leading academic health center restructurings, including integrated delivery systems and whole hospital joint ventures.
Counseled universities, other educational institutions, and numerous charities on governance and fiduciary responsibilities.
Formed a variety of joint ventures for charitable and research organizations.
Represented trade associations in the structuring of trade shows and exhibitions.
Empire State Counsel
New York State Bar Association, in recognition of performing 50 or more hours of free legal services to low income individuals in 2015