No matter whether the approach is to go on defense or offense, shoring up the organization’s compliance is critical. The following list of compliance matters from Gene Takagi, Principal at NEO Law Group, via Nonprofit Quarterly will help prepare a public charity or private foundation to address a threat.

1. Review your mission/purpose statements, particularly in your governing documents (for example, articles of incorporation, bylaws), to ensure that they are consistent with your activities and your public representations, including in your fundraising materials.
2. Ensure that the organization is operating consistent with its governing documents, including with respect to provisions governing elections, terms of service, board meetings, board actions by written consent, delegated authority to committees and officers, reports, amendments to bylaws, and voting membership rights (if applicable).
3. Ensure activities are operated consistent with all applicable laws, including Section 501c3 of the Internal Revenue Code and any licensing, registration, zoning, and contractual requirements.
4. Review your communications and communications policies to ensure that they do not create unnecessary risks of copyright or trademark infringement, defamation, fraudulent misrepresentations, or political campaign intervention.
5. Be prudent with your financial resources, looking not only to short-term consequences but also to long-term health, even if this forces you to make difficult decisions now.