Navigating Legal Uncertainty: Philadelphia’s Nonprofit Leaders Chart a Strategic Course Forward
Recently, leaders from across Greater Philadelphia’s nonprofit sector gathered at WHYY’s headquarters for the summer convening of the Nonprofit Leaders Group, a coalition of local leaders who have met biweekly since January 2025 to exchange timely updates, share resources, and build community. While one panel focused on strategic partnerships as tools for organizational strength, another tackled the complex legal landscape nonprofits are navigating in 2025.
The legal challenges panel, moderated by Loree D. Jones, CEO of Philabundance, featured two of the region’s most respected legal experts: Marcel Pratt, Managing Partner at Ballard Spahr and former City Solicitor of Philadelphia, and Morgen Cheshire, Managing Attorney at the Cheshire Law Group and creator of PAnonprofitlaw.com. Their combined expertise, spanning both large-scale corporate and municipal law and specialized nonprofit practice, provided attendees with both big-picture perspective and general insights about navigating the current legal landscape. While the panelists were clear that they were not providing specific legal advice to attendees, their discussion offered valuable frameworks for thinking strategically about organizational risk and response.
The Power of Pause: Strategic Response Over Reactive Decisions
Rather than focusing solely on the headlines, both panelists emphasized the importance of deliberate, strategic decision-making when organizations face legal uncertainty. Cheshire, named Outstanding Nonprofit Lawyer of the Year in 2024 by the American Bar Association and whose firm was named by the Pennsylvania Bar Association as Small Firm of the Year , stressed the distinction between addressing real, immediate challenges versus getting caught up in the “political theater.”
“Get grounded during this time,” Cheshire advised. “Focus on what you can control – your budget, your business issues, your team.” Her approach centers on helping clients distinguish between urgent threats requiring immediate action and broader uncertainties that demand thoughtful preparation rather than hasty responses.
This strategic mindset extends to how organizations handle official inquiries or requests for certifications. Both panelists emphasized that time and silence can be organizational assets. “You want to be very deliberate before you sign anything,” Pratt noted, explaining that signed certifications may become the basis for future litigation. The message was clear: pause, consult legal counsel, and resist the pressure to respond immediately without proper consideration.
Building Internal Resilience Through Smart Communication
The panelists highlighted that one of the greatest risks organizations face isn’t external pressure, but internal vulnerabilities that can be exposed during challenging times. This includes everything from communication protocols to compliance gaps that may have seemed manageable in calmer periods but become critical under pressure and scrutiny.
Cheshire emphasized the importance of self-reflection, noting that “your vulnerabilities are probably something systemic within your organization.” She encouraged leaders to examine their own management styles and organizational blind spots, recognizing that some risks aren’t legal but operational, from budget pressures to leadership transitions that could affect organizational stability.
Both experts stressed the need for tight coordination between executive teams and boards, with clear communication protocols that ensure alignment on values and responses. As Pratt noted, organizations should ensure that “whatever you say internally matches what you might also be telling the federal government.” This isn’t about limiting authentic communication, but about maintaining consistency and intentionality across all organizational touchpoints.
The Philadelphia Advantage: Collaboration as Strategic Asset
Perhaps the most powerful theme from the panel was the recognition that Philadelphia’s nonprofit sector has already addressed one of its biggest potential vulnerabilities: isolation. Both panelists praised the collaborative approach that has emerged through initiatives like the Nonprofit Leaders Group, noting how it has transformed the sector’s capacity to respond to challenges.
“You’ve already solved a huge blind spot, which is access to information,” Pratt observed, crediting the convening organizers with creating a space where rumors and false information are replaced by factual updates and peer support. This collaborative infrastructure represents the kind of cross-sector partnership Philadelphia Foundation has long championed as essential for addressing complex challenges.
The panelists’ emphasis on collaboration extended beyond information sharing to practical resource sharing. They encouraged organizations to find “additional ways to advocate,” whether through state and local engagement, amicus briefs in relevant litigation, or simply connecting with organizations that have complementary expertise and resources.
Philadelphia’s nonprofit sector is fortunate to have legal minds like Pratt and Cheshire, professionals who combine deep technical expertise with genuine commitment to the sector’s mission. Their guidance reflects not just legal acumen but understanding of how nonprofit organizations actually operate and the real-world pressures they face.
Courage Over Caution: The Path Forward
As the legal landscape continues to evolve, the panel’s message was ultimately one of strategic confidence rather than defensive retreat. Cheshire’s closing thoughts captured this perfectly: “It is not a failure to close doors, to collaborate, to reconfigure, to reorganize. These are brave and courageous decisions.” The focus, she emphasized, should remain on “doing the work” rather than mere organizational survival.
In a moment when national discourse often emphasizes division and crisis, Philadelphia’s nonprofit leaders are modeling a different approach. An approach based on information sharing, strategic thinking, and collective resilience. This collaborative foundation will serve the sector well, whatever legal challenges lie ahead.