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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
 
Jennifer L. Franklin
Senior Counsel
 
425 Lexington Avenue
New York, NY 10017 
 
Email:
Phone: +1-212-455-3597
Fax: +1-212-455-2502

Jennifer Franklin is Senior Counsel in the Firm’s Exempt Organizations Practice. She advises a variety of international and domestic exempt organizations, including both private foundations and public charities, and has worked on transactional and tax matters, including the merger or dissolution of non-profit corporations, for private foundations and public charities. Jennifer has significant experience in the areas of charitable gift-planning, where she works with donor-advised fund and supporting organization structures and she also structures endowment fund gifts. Jennifer’s experience also includes art law, where she advises artist foundations on governance and tax issues and individual and foundation donors on charitable gifts of works of art. 

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Work Highlights
  • Structured, negotiated and documented a promised gift of Cubist art, together with a monetary gift to fund a new research center devoted to Modern art, to a New York museum.
  • Represented a private operating foundation since its formation in 1999, including with respect to gifts of approximately $175 million to support a New York museum’s endowment and gifts of art totaling over $250 million to the same New York museum.
  • Incorporated and advised a new company foundation formed to address harmful drinking through evidence-based scientific interventions, including with respect to governance, tax, contract, human resources and data protection matters.
  • Represented a foundation having over $1 billion in assets in its conversion from a New York charitable trust to a New York not-for-profit corporation.
  • Represented a public charity in connection with a multi-year, complex IRS audit involving potential excess benefit transactions, including related to executive compensation. 
  • Represented a public charity having a large membership in connection with member-initiated litigation involving interpretation of the charity’s governing documents.
Education
  • Duke University School of Law, 1998 J.D.
    magna cum laude; Duke Journal of Comparative & International Law, 1996–1998
  • Georgetown University, 1993 B.S.
    magna cum laude
Associations
  • American Bar Association, Member, Exempt Organizations Committee
  • American Bar Association Section of Taxation, Co-Chair, Subcommittee on Small Tax-Exempt Organizations of the Exempt Organizations Committee
  • American Bar Association Section of Taxation, Former Secretary of the the Exempt Organizations Committee
  • Duke University School of Law Young Alumni Award 2008
Admissions
  • New York 1999

Jennifer is Senior Counsel at Simpson Thacher & Bartlett LLP where she practices in the Exempt Organizations Practice. She advises a variety of international and domestic exempt organizations, including both private foundations and public charities, and has worked on transactional and tax matters, including the merger or dissolution of non-profit corporations, for private foundations and public charities. Jennifer has significant experience in the areas of charitable gift-planning, where she works with donor-advised fund and supporting organization structures and she also structures endowment fund gifts. Jennifer’s experience also includes art law, where she advises artist and collector foundations on governance and tax issues and individual and foundation donors on charitable gifts of works of art. 

Jennifer’s professional associations include membership with the ABA Section of Taxation’s Exempt Organizations Committee, where she currently serves as the Co-Chair of its Subcommittee on Small Tax-Exempt Organizations. She also serves on the Teleconference CLE Subcommittee of the American Bar Association Section of Taxation’s Professional Services Committee. Jennifer was named a John S. Nolan Fellow of the ABA Section of Taxation for 2002-2003 and served as the Secretary of the ABA Section of Taxation’s Exempt Organizations Committee from 2001-2003. 

Jennifer has also been a speaker on several panels at meetings of the ABA Section of Taxation’s Exempt Organizations Committee, discussing topics such as revisions to IRS Form 1023, Application for Recognition of Tax Exemption, the applicability of Circular 230 to exempt-organization practitioners, practical charitable-giving solutions involving the use of donor advised funds and the structuring of art gifts. Jennifer has spoken on a variety of exempt-organization topics at the New York City Bar Association, the New York Regional Association of Grantmakers, the AICPA’s National Not-for-Profit Industry Conference, the Western Conference on Tax-Exempt Organizations, the Georgetown Law Conference on Representing and Managing Tax-Exempt Organizations, the University of Texas School of Law Nonprofit Organizations Compliance and Internal Review Workshop and at programs sponsored by New York Lawyers for the Public Interest and Legal Aid Society of New York.

Jennifer co-authored an article with David Shevlin entitled “Heading Into the Year-End: Issues for Donors and Charities to Consider When Making and Accepting Gifts of Restricted Stock,” published in the February 2002 edition of The Exempt Organization Tax Review. Jennifer also published an article entitled “Final Regulations Provide Guidance on the Treatment of Corporate Sponsorship Payments" in the July/August 2002 edition of Taxation of Exempts and wrote the “Letter Ruling Alert” in the July 2002 edition of The Exempt Organization Tax Review. More recently, Jennifer published an article entitled “Using a Donor Advised Fund for Charitable Giving” in the April 2012 edition of the Orange County Lawyer.

Jennifer currently serves on the Board of Directors of the Law Alumni Association of Duke University School of Law, on the Board of Directors of Good+ Foundation (formerly Baby Buggy), a charity dedicated to providing needy families with essential clothing and gear for their infants and children, and on the Advisory Council of the New York Landmarks Conservancy.

Jennifer earned her J.D. at Duke University, where she graduated magna cum laude, and earned her B.S. degree from Georgetown University, where she also graduated magna cum laude. Jennifer was awarded the Young Alumni Award from Duke University School of Law in 2008.

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