Thomas K. Hyatt

Nationally recognized practitioner and thought leader in nonprofit law and policy. Experienced in governance matters, and in transactional and regulatory issues for nonprofits. Veteran counsel to executives and governing boards of higher education institutions and foundations, healthcare systems, nonprofit associations, and nonprofit start-up organizations. Skilled in public speaking, writing, facilitating, consulting, and training. Widely published on nonprofit and tax-exempt organization topics.

Tom’s practice focuses on corporate, nonprofit regulatory and tax-exempt organization issues for higher education institutions and their related foundations and health care providers.

He frequently works with boards of directors and senior management teams on governance, corporate structure, and strategic planning issues. He makes educational presentations to boards of directors on current issues, conducts in-service training, and facilitates board discussions and retreats.

Tom regularly lectures on governance, business, and tax planning issues and he has written books and numerous articles in these areas.

EXPERIENCE

Tom represents organizations including public and private hospitals, multi-hospital systems, clinically integrated delivery systems, academic medical centers, home health agencies, health maintenance organizations, continuing care retirement communities, provider associations, physician clinics, faculty practice plans, physician-hospital organizations and shared services organizations.

Tom also represents higher education organizations and institutions on governance and public policy matters. He is particularly experienced in facilitating the process between governing boards of colleges and universities (and institutionally related foundations) and presidents for preparing and revising employment agreements and for undertaking an appropriate compensation analysis.
 
A substantial portion of Tom's practice involves counseling nonprofit organizations on governance and transactional matters. He frequently works with nonprofit governing boards and board committees to address such issues as regulatory compliance, fiduciary duty, conflicts of interest, bylaws development and revision, senior management compensation and benefits, CEO transition, succession planning, fundraising, lobbying and political campaign activity, board development, membership matters, policy development, corporate restructuring, mergers and joint ventures.
 
Tom was a Partner in Dentons, the world’s largest law firm, from 2009-2022, where he co-chaired the US Nonprofit Entities Practice.

INSIGHTS

• Co-author, The Law of Tax-Exempt Healthcare Organizations, John Wiley and Sons, New York, 4th Edition, 2013, Cum Supp 2021
• Author, Chapter Two: Fiduciary Responsibilities of Foundation Boards, The New Realities for Public Higher Education Boards, AGB Press 2020
• Co-author, Presidential Compensation: A Comprehensive Guide for Higher Education Governing Boards and Chief Executives, AGB Press 2018
• Author, AGB Effective Committee Series Guidebook, The Compensation Committee, AGB Press, 2013

• Author, The Effective Hybrid Board, AGB Trusteeship Magazine, 2022
• Author, The Tandem Tightrope Walk: The Balancing Act of Institution-Foundation Partnerships, AGB Trusteeship Magazine, 2017

ACTIVITIES AND AFFILIATIONS

Board Service and Memberships

• American Health Lawyers Association: Board of Directors, 1992–1998; chair emeritus, faculty member, Annual Tax Issues in Healthcare Organizations Seminar; and charter fellow
• Appalachian Regional Healthcare, Board of Directors, 2008–2017, board chair, 2015-2017 
• Association of Governing Boards of Universities and Colleges, Senior Fellow for Public Policy; general counsel
• Catholic Network of Volunteers, Board of Directors, 2004–2009
• Maryland Nonprofits, Board of Directors, 2009–2014, board chair, 2012–2014
• Roosevelt University, Board of Trustees, 2023-present
• Standards for Excellence Institute-Licensed Consultant
• University of Pittsburgh School of Law, Health Law Certificate Program, advisory board
• American Bar Association
• American Health Law Association
• National Association of College and University Attorneys
• DC Bar
• Pennsylvania Bar

RECOGNITION

Honors and Awards

• 2017 Outstanding Nonprofit Lawyer Award, American Bar Association
• Ranked, District of Columbia, Chambers USA: America’s Leading Lawyers for Business, Healthcare, Since 2012
• Martindale-Hubbell, AV Preeminent Attorney
• Listed, Best Lawyers in America
  • Health Care Law (2005–present)
  • Nonprofit / Charities Law since (2008–present)
• Listed in Expert Guides to the Leading Lawyers—Best of the Best USA 2013, Healthcare Category
• Listed in Washington, DC, Super Lawyers, 2007-2011, 2013-present
• Listed in Washingtonian Magazine's "Best Lawyers in DC, Healthcare," December 2013
• Recommended, The Legal 500 in the area of Healthcare, 2014
• David J. Greenburg Service Award, 2004, American Health Law Association
• Charter Fellow, American Health Law Association