Wendell Bird

From Wikipedia, the free encyclopedia
Jump to navigation Jump to search

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

Legal history[edit]

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[edit]

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]


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]


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[edit]

  • 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]


  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. ^ a b c d e f g h i "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"There Was A Discrepancy With Reality". 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. ^ a b c d e http://www.martindale.com/Wendell-R-Bird-PC/866649-lawyer.htm
  24. ^ http://www.birdlawfirm.com/pdf/ACharitableGiving2003.pdf

External links[edit]