The Dave Thomas Foundation for Adoption (DTFA) is a national nonprofit public charity dedicated exclusively to finding permanent homes for the more than 140,000 children waiting in North America’s foster care systems. Created by Wendy’s® founder Dave Thomas who was adopted, the Foundation implements evidence-based, results-driven national service programs, foster care adoption awareness campaigns and innovative grantmaking. The Foundation has an opening for a full-time Staff Attorney, Marketing, Development & Compliance.

Statement of Purpose
In concert with and reporting to the SVP, General Counsel to draft agreements to support the Foundation’s Marketing & Development Department; to provide counsel regarding complex charitable gifts, state charitable and registration requirements, structure agreements with corporate development partners, and external fundraising and awareness partners; and research federal and state laws to support the mission of the Foundation.

  • Review and/or draft development contracts and templates as assigned, including gift agreements, suggested language for grants from donor advised funds, and required documentation required for trusts, wills, or other bequests
  • Ensure Foundation’s compliance with all regulations regarding privacy issues
  • Research state solicitation and business compliance statutes and regulations in states, oversee external compliance vendor (if any), and work with other Foundation departments to ensure compliance
  • Understand state laws and IRS regulations surrounding charitable solicitation partnerships (professional solicitors, professional fundraising counsel, commercial co-venturers, etc.), draft contracts governing these various charitable solicitation partnerships as assigned, interact with attorneys representing charitable solicitation partners as needed, advise on appropriate copy to recognize commercial co-venturers and third-party fundraisers, ensure compliance with state regulations and maintain records of all such partnerships
  • Review and draft, as necessary, all contracts with external Marketing & Development Department vendors
  • Review and/or draft business agreements and templates, including services, consulting, supply, and purchasing agreements
  • Assist with intellectual property matters, as necessary
  • Review and draft, as necessary, all contracts and letters of intent with the Foundation’s brand ambassadors and other partners in building awareness of foster care adoption
  • Provide training to the Marketing & Development Department, as appropriate, to facilitate increased learning on relevant topics, including third-party fundraisers, outside charitable solicitation partners, unrelated business income tax exemptions, and state and federal compliance statutes and regulations that govern their work
  • Serve as backup for any Legal Department procedure
  • Other responsibilities and assistance to SVP, General Counsel, as assigned

Knowledge and Skills
  • Strong legal research, drafting, contract review, and negotiation skills
  • Excellent problem solving and creative thinking abilities with the ability to develop innovative solutions
  • Strong and clear verbal and written communications and ability to listen to others
  • Demonstrated ability to work on multiple projects simultaneously in diverse legal subject areas while remaining responsive and following through on projects
  • Ability to interact confidently with executive and non-executive staff and government representatives, and to cultivate authentic relationships with colleagues
  • Excellent organizational skills, and acute attention to detail
  • Proven ability to work effectively in a team environment
  • Ability to exercise sound judgment and maintain a high level of discretion and confidentiality
  • Ability to guide non-lawyers with application of legal standards
  • Complex charitable gift, fundraising, unrelated business income tax, and state charitable regulation knowledge

Education And/or Experience
  • Juris Doctor (JD) degree from an ABA-approved law school required
  • Ohio Bar admission required
  • Three or more years of experience with development departments, marketing departments, and/or charitable solicitation regulations required
  • Experience in drafting gift agreements involving complex gifts, including noncash gifts and cryptocurrency preferred
  • Experience in-house at a highly regulated corporation, state agency, or non-profit organization preferred

Work Environment
Rarely, travel required