Barbara L. Berg

Counsel

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Corporate, Nonprofit Organizations, Tax

Admitted to Practice in:

California

EXPERIENCE

Nonprofit/Tax Exempt Organizations
Representing nonprofit organizations in mergers and other reorganizations.

Forming and obtaining recognition of tax exempt status for numerous nonprofit organizations, including trade and professional associations and charitable organizations.

Advising trade and professional associations regarding fiduciary duties of directors, corporate governance, chapter relationships, membership, tax and operational issues; formation of related charitable foundations.

Serving as outside general counsel for numerous nonprofit organizations including advice on protecting tax exempt status and other tax issues, corporate structure including formation of for-profit subsidiaries, and a wide range of contract and other operational issues.

Counseling private foundations in formation and operational issues.

Organizing and continuing representation of mutual water companies in corporate, securities and tax matters.

Other Corporate and Tax Matters
Representing California and multi-state corporations in California property tax matters, sales and use tax matters, franchise tax issues and employment tax matters, including appearances before State Board of Equalization and administrative law judge.

Representing trade association in challenging various local taxes imposed on industry members.

Representing major rental car company in California regulatory compliance and legislative implementation matters.

MEMBERSHIPS

Sacramento County Bar Association, Business Law Section, Past Chair; Legislative Affairs Committee, Past Chair; Taxation Section, Member

California Society of Association Executives, Associate Member; Legislative Committee, Past Chair

California Association of Nonprofits (CAN), Member

BoardLink Business Leadership Council Core Group, Former Member; Marketing Committee, Past Chair

Women Lawyers of Sacramento; Membership Committee, Former Member

EDUCATION

University of North Carolina, School of Law (J.D., 1984)

University of North Carolina, School of Public Health (M.P.H., 1981)

University of California, Davis (B.S., Graduated with Highest Honors, 1974)

PUBLICATIONS

The California Association Executive (A Publication of CalSAE), “In Pursuit of a Smoothly Running Association - A Checklist for a Legal Tune-Up,” July/August 2006, Author

Downey Brand LLP Nonprofit Law Update, “California's Nonprofit Integrity Act of 2004 (SB 1262): Compliance Issues for Charities,” January 2005, Author

Downey Brand LLP Nonprofit Law Update, “The Regulation of California Charities, Post-Enron,” March 2004, Author

The Executive (A Publication of CalSAE), “Can a For-Profit Subsidiary Work For You?” January/February 2004, Author

Downey Brand LLP Business Law Update, “Serving on a Nonprofit Board – Are you at risk for penalty taxes?” August 2001, Co-Author

California Business Law Practitioner, “Current Techniques of Executive Compensation,” Vol. III, No. 1, p. 45, Winter 1988, Co-Author

PRESENTATIONS

California Society of Association Executives, “2008 Annual Legal Issues Update,” 2008, Speaker

Lorman Education Services, “Tax-Exempt Organizations in California,” 2007, Co-Presenter

California Society of Association Executives, “Association Law: What You Really Must Know,” 2007, Speaker

California Society of Association Executives, “Get out of Jail Free… What's New and Changed in the World of Association Law,” 2006, Speaker

California Society of Association Executives, “What's New and Emerging in Association Management,” 2005, Speaker

Sacramento County Bar Association, Tax Section, ”Recent Developments in Tax-Exempt Organizations,” 2005, Speaker

The Nonprofit Resource Center, “Legal Issues for Nonprofit Boards,” 2002, Speaker

Sacramento County Bar Association, Business Law Section, “Ethical and Practical Issues for Lawyers Serving on Nonprofit Boards,” 2002, Speaker

Make a Difference Coalition, “Reducing Risks in Using Volunteers,” 2002, Speaker

California Society of Association Executives, “Associations and their Philanthropic Foundations,” 2002, Speaker

The Learning Exchange, “How to Form a Nonprofit Organization,” 1999, 2000, 2001, and 2002, Speaker

California Lawyers for the Arts, “Forming a Nonprofit Organization,” 2000 and 2001, Speaker

The Nonprofit Resource Center, “Starting a Nonprofit Organization,” 1998 and 1999, Speaker

Sacramento Branch of American Corporate Counsel Association, “Legislative Update on Business Law,” 1995, Speaker

California Continuing Education of the Bar, "Annual Recent Developments in Business Law Practice," 1995, Panelist

Business Law Section of Sacramento County Bar Association, "Annual Legislative Update," 1993, 1994, and 1995, Panelist