Legal Counsel

Organization Description:
Tides Advocacy is a bold partner for those advancing racial and social justice, helping them mobilize communities, build political power, and drive policy change. Founded in 1992 as a California-based 501(c)(4) social welfare organization, we provide fiscal sponsorship, infrastructure support, grantmaking, convening, and donor organizing to strengthen organizations working toward a healthier and more equitable democracy, equality, human rights, environmental justice, and systemic transformation, among others.

Our current partners include Black, Indigenous, and people of color (BIPOC)-led initiatives that center those most impacted by injustice. Guided by our core values-Joy, Equity, Integrity, Sustainability, and Solidarity-we support our partners to empower communities and drive meaningful change.

Recently, Tides Advocacy has grown significantly with expected ebbs and flows, managing a dynamic network of about 70 fiscally sponsored projects, funds, and collaboratives ("partners"). Our collective workforce is around 200 employees, with consolidated revenues of approximately $65.2 million in FY 2023. This work is supported by our 32-member home office team, alongside consultants, outside counsel, and temporary staff. The FY 2023 operating expense budget of Tides Advocacy's home office was approximately $10.8 million. For more information, please visit tidesadvocacy.org.

Position Summary:
The Legal Counsel is a member of a dynamic Legal, Risk and Compliance ("LRC") Team that supports the Tides Advocacy home office team as well as partners on a wide array of legal and compliance matters. Under the supervision of the General Counsel, the Legal Counsel will advise on legal matters and resolution of legal claims, provide legal support to Tides Advocacy's partners, and support a number of legal and compliance areas, including jurisdictional reporting, special events, insurance management, new partner vetting, partner separations, internal investigations, contract review, and periodic staff training. In particular, the Legal Counsel will assist Tides Advocacy and its partners on tax law issues related to Tides Advocacy's 501(c)(4) status and compliance with 501(c)(3) grant funding and cost-sharing, campaign finance laws, and other laws applicable to fundraising and charitable solicitation, lobbying, and political engagement strategies. The Legal Counsel may also assist on labor and employment issues.

The Legal Counsel must be able to think proactively and creatively, provide strategic and legal advice and consultation, work cross-departmentally, support and manage strategic initiatives, including in connection with staff and partner education, and be committed to supporting Tides Advocacy's mission.

The Legal Counsel is an exempt position and works collaboratively with the department at large. Exempt employees are expected to work the appropriate and necessary time in order to complete key assignments and related tasks on schedule.

Essential Duties and Responsibilities:

Fiscally Sponsored Partner Guidance and Support

• Advise partners on tools and requirements for legal compliance.
• Work with Compliance Director to develop tools and resources to support effective jurisdictional reporting and registrations.
• Stay up to date regarding key changes to law and latest trends and provide strategic advice to protect the organizations' operations and partners.
• In partnership with staff of other departments, including staff of fiscally sponsored partners, track risk and compliance inquiries/issues - including those related to HR, finance and programmatic activities - recommend solutions, and escalate appropriate issues to the General Counsel or others as needed.
• Track, research, and help structure and resolve any legal issues raised by new partnership opportunities.
• Provide legal support in structuring separation of Tides Advocacy's fiscally sponsored partners from related entities (501(c)(3)s and/or PACs).
• Provide legal support on review and intake of new fiscally sponsored partners and on transitioning partners to independent entities or other fiscal sponsors, or on wrapping up operations, as required
• Respond to inquiries from within the organization on domestic and international matters, including taxes, grants & contracts, insurance, risk management, licensing, and organizational policy.
• Work with and coordinate outside legal counsel as needed to support success and compliance of fiscally sponsored partner work.
• Research and analyze specific legal questions and prepare memoranda setting forth research results as requested by the General Counsel.

Compliance and Risk Management

• Assist in managing corporate compliance program associated with fiscally sponsored partners, including: duties of advisory committees, conflicts of interest, charitable solicitation and business registrations, and insurance compliance.
• Investigate and evaluate the legal implications of compliance issues, and recommend operational changes or alternative policies and procedures.
• Issue spot to identify structural and operational risks associated with programs and recommend substantive updates to enhance policies and procedures.
• Identify practical tools to support internal and partner staff in understanding and complying with risk management policies and procedures.
• Support other members of the LRC team with respect to policy roll-out and input, as needed.

Contract and Document Review

• Review and revise, and suggest to the General Counsel modifications to, Tides Advocacy's standard templates for contracts and internal legal documents, such as partnership agreements; cost sharing agreements; grant agreements; consulting and vendor contracts; software license and other information technology-related agreements; subscription agreements; employment-related documents; legal policies and procedures; communications with governmental authorities; and operational and governance policies.
• Support drafting, reviewing, and negotiating existing or proposed nonstandard contracts as needed.
• Investigate and evaluate the legal implications of compliance issues raised by proposed contractual agreements, and recommend operational changes or alternative policies and procedures.
• Explain, as needed, contracts and contract provisions to partners and internal staff.
• Recommend substantive and process updates to contract review to enhance compliance and support efficiency of review.

Strategic Initiatives and Partner and Staff Training

• Actively assist the larger LRC Team in developing effective legal, risk and compliance education and training tools and memos for fiscally sponsored partners and staff, including leading live and/or recorded training sessions.
• Identify areas of partnership with intra- and interdepartmental staff, and train staff on legal topics relevant to the organization, including internal policies and procedures and compliance with applicable laws.
• Assist in updating and creating new training sessions as needed and offer solutions to help staff achieve desired outcomes.
• Provide additional flexible support to other departments, as necessary.
• Engage in continuing education to ensure that the organizations remain compliant with respect to changing areas of the law.

Department Support

• Support legal team education / management of resources.
• Other duties as assigned by the General Counsel.

Knowledge, Skills, and Abilities

• Ability to hold self and others accountable for high-quality, timely, and effective results.
• Adapts easily to working with a variety of stakeholders and to the varying needs of the organization, while maintaining a strong voice for legal compliance.
• Demonstrates commitment to meeting the needs of internal and external clients; ability to strive for a high level of satisfaction.
• Strong ability to cooperate and work collaboratively toward solutions that generally benefit all involved parties.
• Demonstrates ability to engage in a direct, truthful, and professional manner; ability to present accurate and appropriate information.
• Exercises excellent judgment in handling confidential information and other potentially-sensitive matters.
• Strong communication skills, with ability to understand and communicate effectively with different stakeholders in different fields of expertise.
• Commitment to Tides Advocacy's Vision, Mission and Approach and Pro-Black framework.
• Maintains high-level and consistent work ethic.
• Proficiency with MS Office suite of products.
• Strong verbal and written communication skills.

Education and Experience

• Juris Doctor and current law license in at least one U.S. state (or DC) required; law license in CA, DC, or NY preferred.
• 3-4 years' experience in the areas of general corporate, tax, and/or nonprofit law; in-house experience preferred.
• 2+ years' experience with relevant lobbying and/or campaign finance laws.