Wendell Bird

Wendell Bird (Atlanta, Georgia) is a legal historian, and formerly practiced law (nonprofit organizations and litigation).

Not to be confused with Wendell Byrd.

He is the author of Press and Speech Under Assault (Oxford University Press 2016),[1] of Criminal Dissent: Prosecutions under the Alien and Sedition Acts (Harvard University Press 2020),[2] of The Revolution in Freedoms of Press and Speech: From Blackstone to the First Amendment and Fox's Libel Act (Oxford University Press 2020),[3] and of legal history articles.[4] He earned his D.Phil. in legal history at University of Oxford,[5] and his J.D. from Yale Law School.[6] He is a visiting scholar at Emory University School of Law.[7]

Nonprofit organization law

He has published three tax chapters and more than 20 articles on the laws affecting nonprofit organizations and charitable giving.[8] He has been an annual faculty member of the Washington Non-Profit Legal & Tax Conference for over 30 years,[9] and is a member of the Board of Advisors of the RIA Thomson Reuters publication, Taxation of Exempts.[10] He has been a member of the Board of Advisors of New York University School of Law's National Center on Philanthropy and the Law.[11]

Litigation

In litigation Bird primarily represented securities claims, such as a suit against Merrill Lynch and its Focus Twenty Fund,[12] or a suit against TH Lee Putnam Ventures and Merrill Lynch,[13] both of which resulted in favorable decisions; and charitable fraud and diversion claims, such as a suit on behalf of the M. L. Simpson Foundation[14] or a suit against the Chatlos Foundation.[15]

In 2004, Bird represented APA Excelsior III (owned by predecessor to APAX Partners) and other large Wall Street private equity funds (managed by APAX Partners) in a federal court lawsuit alleging securities law violations in connection with a sale to Healthfield Holdings, Inc.[16]

In 2000-2002, he represented the Bengard Group in a trial and appeal involving sale of a business, winning in excess of $44 million.[17]

In the early 1980s, Bird worked for an Atlanta law firm, and also served as a special assistant attorney general for the State of Louisiana, for which he argued Edwards v. Aguillard to the U.S. Supreme Court.[18]

Other

Bird graduated from Vanderbilt University (B.A., summa cum laude).[19] While at Yale Law School, he served on the Yale Law Journal Board of Editors,[20] and received the Egger Prize of Yale Law School.

He is a member of the American Society for Legal History and of the Society for Historians of the Early Republic. He is also a member of the American Law Institute,[21] a fellow of the American Bar Foundation,[22] a member of the American Bar Association, and was co-chair of its Subcommittee on Charitable Contributions for nearly 20 years.[23] He is listed in Who's Who in America (1995–present) and Who's Who in the World (1995–present).[23]

Nonprofit organization law chapters and articles
  • Wendell R. Bird, "Religious Organizations and Tax Law," Federal and State Taxation of Exempt Organizations, Chapter 4, Warren Gorhan & Lamont Publishers, 1994.[23]
  • Wendell R. Bird & Russell Reach, "Unrelated Debt-Financed Income," 8 CCH's Federal Tax Service J: Chapter 6 (1995).[23]
  • Wendell R. Bird & Russell Reach, "Debt-Financed Income," Bender's Federal Tax Service J: Chapter 6 (1988).[23]
  • Wendell R. Bird, "No Relief But Much Red Tape for Charities and Foundation," 17 Taxation of Exempts 201 (2006).[8]
  • Wendell R. Bird, " IRS Offers Guidance on "Election Year Issues" for Exempt Organizations," 15 Taxation of Exempts 269 (2004).[8]
  • Wendell R. Bird, "Charitable Giving Techniques and Other Estate Techniques," Journal of Retirement Planning at 9 (Nov.-Dec. 2003).[24]
  • Wendell R. Bird, "The Shape of Charitable Gift Planning After 'Repeal' of the Federal Estate Tax," 14 Taxation of Exempts 114 (2002).[8]
  • Wendell R. Bird, "Political Activities and Exempt Organizations," 12 Journal of Taxation of Exempt Organizations 243 (2000).[8]
  • Wendell R. Bird, "Exempt Organizations Rules on Political Activities," 7 Journal of Tax Exempt Organizations 195, (1996). [31]
  • Wendell R. Bird & Harvey Koning III, "Exempt Organizations Face Sales and Use Taxes in the Aftermath of Quill," 6 Journal of Tax Exempt Organizations 16 (1994).[8]
  • Wendell R. Bird & Timothy W. Townsend, "Current Developments in the State and Local Taxation of Exempt Organizations", 4 Journal of Tax'n of Exempt Org. (WGL) 20 (1992).[8]
  • Wendell R. Bird & Timothy W. Townsend, "Sales Tax Relief Not Automatic for Tax-Exempt Entities," 2 Journal of Multistate Taxation 203 (1992).[8]
  • Wendell R. Bird & T.O. Kotouc, "Exempt Religious Organizations Have Strict Limits", 48 Taxation for Accountants 207 (1992).[8]

References
  1. https://global.oup.com/academic/product/press-and-speech-under-assault-9780190461621?cc=us&lang=en&#
  2. Wendell Bird, Criminal Dissent: Prosecutions under the Alien and Sedition Acts (Harvard University Press 2020): https://www.hup.harvard.edu/catalog.php?isbn=9780674976139
  3. Wendell Bird, The Revolution in Freedoms of Press and Speech: From Blackstone to the First Amendment and Fox's Libel Act (Oxford University Press 2020): https://global.oup.com/academic/product/the-revolution-in-freedoms-of-press-and-speech-9780197509197?lang=en&cc=us
  4. Wendell Bird, "Liberties of Press and Speech: 'Evidence Does Not Exist To Contradict the . . . Blackstonian Sense' in Late 18th Century England?," 36 Oxford Journal of Legal Studies 1-25 (Spring 2016) (Copyright Oxford University Press 2015): http://ojls.oxfordjournals.org/cgi/reprint/gqv010?ijkey=RbcpZ2ZIUb8uIpP&keytype=ref
    - Wendell Bird, "New Light on the Sedition Act of 1798: The Missing Half of the Prosecutions," 34 Law and History Review 541-614 (August 2016) (Copyright Cambridge University Press 2016): http://journals.cambridge.org/repo_A10JkAhxxDDneY
    - https://lccn.loc.gov/2018059158
  5. Bird, Wendell (2011). "Freedoms of press and speech in the first decade of the U.S. Supreme Court". Oxford Research Archive. Cite journal requires |journal= (help)
  6. http://ora.ox.ac.uk/objects/uuid%3A1a9de49a-b8c8-4500-a214-12a1719f6425
  7. https://open.library.emory.edu/profiles/wbird/
  8. "NCPL Database Search Results:Search "Wendell and Bird"". National Center on Philanthropy and the Law:NYU School of Law. 2009. Retrieved 2009-12-29.
  9. "46th Annual Washington Non-Profit Legal & Tax Conference Faculty". Washington Non-Profit Legal & Tax Conference. 2009. Retrieved 2009-12-29.
  10. "Taxation of Exempts". Thomson Reuters. 2009. Retrieved 2009-12-29.
  11. https://ncpl.law.nyu.edu/past-members
  12. https://www.courtlistener.com/docket/5037045/merrill-lynch-co-v/?page=2 "Notice of Motion Admitting Wendell R. Bird and Richard L. Brittain as Counsel for Plaintiff". July 9, 2003. Retrieved 2012-03-19.
  13. https://dealbreaker.com/2006/04/there-was-a-discrepancy-with-reality https://www.wsj.com/articles/SB114410690898415872%22There+Was+A+Discrepancy+With+Reality%22.+April+4,+2006.+Retrieved+2012-03-19.
  14. https://ody.dekalbcountyga.gov/portal/Home/WorkspaceMode?p=0 "Ministry says $80M-plus trust is mismanaged". May 27, 2010. Retrieved 2012-04-05.
  15. "Joy Chatlos D'Arata vs. The Chatlos Foundation, Inc. Brief on Jurisdiction" (PDF). Retrieved 2012-04-05.
  16. https://casetext.com/case/apa-excelsior-iii-2 "APA Excelsior III v. Windley, Venture Capital Litigation Reporter, Vol. 2, No. 10" (PDF). Page Mill Publishing. 2005. Retrieved 2009-12-29.
  17. https://ocapps.occourts.org/civilwebShoppingNS/ShowCase.do?index=0&number=797567&tab=0#caseAnchor "Orange County California Superior Court, Case No. 797567, Judgment of 1/29/01".
    - "Minutes 9/16/08, California State Board of Equalization:Bengard Group" (PDF). California Board of Equalization. 2008. Retrieved 2009-12-30.
    - "Partial List of Dispute Analysis and Expert Testimony". Mammoth Advisors. 2009. Retrieved 2009-12-30.
  18. "Edwards v. Aguillard, 482 U.S. 578". Retrieved 2009-12-30.
  19. http://www.martindale.com/Wendell-R-Bird-PC/866649-lawyer.htm
  20. "The Yale Law Journal" (PDF). November 1977. Retrieved 2010-11-15.
  21. "Member Directory:Search Term=Bird". American Law Institute. 2009. Retrieved 2009-12-29.
  22. http://www.americanbarfoundation.org/fellows/news/Life_Fellows_Giving_Societies__New_Members.html
  23. http://www.martindale.com/Wendell-R-Bird-PC/866649-lawyer.htm
  24. http://www.birdlawfirm.com/pdf/ACharitableGiving2003.pdf
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