Cultural institutions are more than just buildings and organizations. They define the shape and character of a region. They house its treasures, host its talent, and highlight its history and people. Their mission calls for legal advisers who understand the unique opportunities, rewards, and challenges of cultural and philanthropic endeavors.
Our focused, interdisciplinary approach to advising and advocating for cultural and arts organizations harnesses our deep experience and skills across legal and business areas. Lawyers on our team are leaders in the field and advise on all aspects of cultural institutions’ governance, operations, fiscal administration, and people. Our broad client base includes organizations covering a wide range of size, scope, and subject matter, from small dance studios and galleries to world famous art museums and orchestras.
In addition, our attorneys are well-known for serving in leadership positions within dozens of local, regional, and national cultural and arts organizations across our national footprint, including on the boards of these organizations. This range of experience on the inside gives us a heightened level of understanding and appreciation of institutions driven by a cultural mission—and the constituencies that support them.
Depth and Breadth of Experience
Our depth of experience across legal areas, in concert with our network of 18 offices across the country, positions Ballard Spahr to advise and advocate for institutions nationwide, including: museums and galleries, collectors, concert halls and theaters, orchestras and operas, historic sites and monuments, and philanthropic foundations of all kinds.
We have successfully handled matters across a range of disciplines for major institutional clients including the National September 11 Memorial and Museum, Philadelphia Museum of Art, Museum of the American Revolution, Kimmel Center for the Performing Arts, Natural Lands Trust, Fogg Art Museum at Harvard University, The Frank Lloyd Wright Foundation, and many others.
Our attorneys draw on this experience to provide strategic counsel on:
- Renovation and Expansion: Development and Finance – We direct the often complex components to harmonize all legal aspects of funding, developing, and building of renovation and new construction projects. From land use entitlements to leasing and lending transactions—including tax-exempt bonds—our team handles all facets and includes recognized leaders in real estate finance and development who have successfully navigated major projects that enhance communities for decades.
- Corporate Governance and Compliance – Corporate attorneys on the team advise nonprofit and for-profit organizations of all sizes and stages of maturity on governance, management, and operational matters and the best legal framework to achieve their goals and missions. We provide mission-aligned, strategic counsel on nonprofit entity creation and administration, endowment and investment compliance and management, special initiatives, and board member qualification and conflict-of-interest issues.
- Strategic Transactions and Partnerships – Our team has deep experience in the full range of transactional matters for nonprofit and for-profit arts and cultural institutions, including strategic alliances. From mergers and acquisitions involving large organizations to singular agreements involving unique artifacts, our transactional lawyers handle all aspects of deals. We advise lenders and borrowers on issues specific to art, antiquities, and other cultural and intellectual property in a variety of lending and other commercial transactions.
We advise on title questions, provenance issues, tax ramifications, and compliance with national and international law for: M&A transactions, sales and purchase arrangements, auction agreements, consignments, loan agreements, business partnerships, joint ventures, trust creation and management, and major gift administration, including negotiation of naming rights and other terms.
- Reorganizations and Restructurings – In times of financial challenge, we advise and represent institutions on restructurings and reorganizations and, when necessary, advocate for them as creditors or debtors in court proceedings. Ballard Spahr is known nationally for its skill and experience with reorganizing debt, restructuring to meet new business objectives, and maximizing the value of assets. Our team includes lawyers with specific experience representing cultural organizations in restructuring and reorganization, which informs exceptional insight into the most beneficial solutions and how to best navigate the processes.
- Tax and Tax Exemption – We provide federal, state, and local tax advice to a diverse group of cultural institutions. Because tax-exempt status is among the most valuable fiscal assets for 501(c)(3) organizations and other nonprofits, several team members concentrate on federal and state tax-exemption law. We also help for-profit institutions minimize their tax burden and maximize tax credits, deductions, and exemptions. We advise on unrelated business income tax, charitable solicitations, and tax ramifications of transactions, including partnerships and joint ventures.
- The Workplace: Labor, Employment, and Employee Benefits Issues – Our attorneys understand the importance of the workforce in driving a cultural institution’s success. We have deep experience advising these organizations on everything from employee training to investigations and, when necessary, litigation. We handle traditional labor and union-related matters, spanning contract negotiations to labor arbitration. Our employee benefits lawyers have specific experience advising cultural and arts institutions on benefits, compensation, and related legal compliance. And our employment and benefits lawyers team up to provide advice on executive compensation issues, including drafting employment agreements.
- Intellectual Property: Patents, Trademarks, Copyrights, and Licensing – Protecting IP rights is especially important for organizations that create, exhibit, and disseminate creative content. Arts and cultural institutions need to safeguard their own intellectual property and be mindful of the IP rights of artists, scientists, and others. Ballard Spahr attorneys understand the critical value of patents, trademarks, copyrights, and licensing to institutions. We are nationally renowned for our capabilities in identifying, securing, protecting, and strategically growing institutional brands and their portfolios.
- Litigation and Dispute Resolution: Ballard Spahr is well-known for its litigation strength across all categories of disputes in state and federal courts, administrative proceedings, and arbitration. We have successfully advocated for cultural institutions in court cases involving land use, vendor contracts, access and rights agreements, employment claims, bankruptcy proceedings, and others. Our litigation success, award-winning litigators and practices, and reputation for excellence position us to favorably resolve many cases long before a full trial.