I took this photo on the Rincker Ranch several years ago. I love black baldy cows! (and cowboys...)

I made it safe and sound to Opryland in Nashville, Tennessee, for the National Cattlemen’s Beef Association (“NCBA”) Annual Convention and Trade Show.  I will be at Cattlemen’s College today and this tweet-up this evening with these awesome ag tweeps.  Tomorrow afternoon and evening I will be at the Young Producer’s Council (“YPC”) (@YPCBeef)  meeting and reception.  I’m also on various NCBA Committees including the Agriculture Policy Committee, Tax & Credit Committee, and Property Rights and Environmental Management (“PREM”) Committee.

Throughout the week, you can follow my convention tweets from both @CariRincker and @RinckerLaw with the #NCBA12 and/or #CIC12 hashtag (Why are there two hashtags to follow?  Good question).

If you are at NCBA Convention, please come find me.  If you aren’t, you can follow the fun via Twitter.  I have always found reading tweets from agriculture conferences educational so I encourage you follow along.

As a final note, I will be tweeting on my iPad that I won last year at NCBA Convention from Pfizer (thanks again!).

I had some exciting news at the beginning of the month:  the ABA Journal selected this Food and Agriculture Law Blog in its Blawg 100 List.  It has been taking votes on the Top 100 Blawgs during the month of December.  If you have not voted yet, please do so today.  Registration only takes 30 seconds and you will find this blog in the “niche” category.  Also take a moment to vote on your other favorite law blogs (“blawgs”); here are mine.

Wishing you and your family a safe and happy 2012!   Huge thanks to my readers and clients for making 2011 a great year.

I will be speaking at the Top O’ Jersey 4-H Beef Club in Sussex County this evening at the New Jersey State Fair Administrative Building.  I will be talking to the 4-H kids about being an “advocate for the agriculture industry” in their community and online.  Furthermore, I will speaking briefly about agriculture law and policy and giving the kids an overview of the law-making process.  I’m looking forward to meeting the New Jersey youth involved in the beef industry.

Last month, the U.S. Department of Agriculture (“USDA”) Animal and Plant Health Inspection Service (“APHIS”) issued the long-awaited proposed rule on Traceability for Livestock Moving Interstate. The new proposed system will replace the National Animal Identification System (“NAIS”) and will be primarily managed at the state level.  The USDA is currently seeking comments on the proposed rule for Animal Disease Traceability.  Comments are due by November 9, 2011.  You can submit a comment here.

I would like to encourage all of my readers to get involved in the government process.  Read the proposed rule.  Get informed on the issues.  Talk to various agriculture commodity groups that have lobbying arms in Washington D.C.  Speak to an attorney so you can understand how the proposed rule might affect your particular livestock operation.  Submit a comment on the proposed rule before the deadline.

You can read the proposed rule from the Federal Register here.  You can find APHIS’s summary of the proposed rule by species here and its factsheet here.

As I noted in this previous post, I am the new Chair of the American Bar Association (“ABA”), General Practice, Solo and Small Firm’s Division, Agriculture Law Committee.  You can join the Committee and the Discussion List here.  I have restructured the subcommittees as follows:

1. Ag ADR: mediation, arbitration

2. Ag Estate/Succession Planning, Family Law, and Taxation: estate planning,succession planning, probate, tax law, pet trusts, prenuptial/postnuptial agreements, divorces, same-sex marriage

3. Ag Environmental Law & Water Law: water, air, hazardous materials, climate change, conservation, pesticides, herbicides, insecticides, fungicides, endangered species, biodiversity, livestock grazing, fertilizers

4. Ag Policy: Farm Bill, legislative/lobbying services, domestic food security/insecurity, rural development, subsidies, federal budget, agriculture education, minorities in agriculture

5. Agri-business Law: agriculture lending/finance, business structures/formations, not-for-profit law, secured transactions, commercial litigation, ag cooperatives, ag sales, ag bankruptcy (Chapter 12)

6. Food/Ag Employment & Labor Law: employment law, wage & hour, child labor law

7. Food/Ag Grant Writing: state and federal level

8. Food/Ag Insurance: crop insurance, livestock insurance, environmental insurance, disaster insurance

9. Food/Ag Intellectual Property: copyrights, trademarks, patents

10. Food/Ag Property & Land Use Law: real estate transactions, eminent domain, easements, grain storage, livestock grazing permits, landlord-tenant law, foreclosure, agri-tourism/agri-tainment, energy law

11. Food Law & Policy: food safety, food labeling, food permits, food product liability, nutrition programs

12. International Food/Ag Law & Policy: international trade, customs, immigration, international business transactions, United Nations, food security/insecurity in lesser developed nations, comparative food/ag law

13. Production Agriculture & Aquaculture: equine law, biotechnology, Right to Farm, livestock animal cruelty, livestock trespass, check-off programs, local agriculture, urban agriculture, organic agriculture, specialty crops, biosecurity, livestock space/confinement, fiber production, leather

As you can see from the above list, the subcommittees touch upon nearly every area of agriculture law.  I am very excited about the future of the Committee.

Please email me at cari@rinckerlaw.com if you are interested in joining (or chairing) any of the above subcommittees.  You must be a paid member of the ABA General Practice, Solo, and Small Firm Division in order to join the Agriculture Law Committee or any of the above subcommittees.

I took this photo at the Texas A & M University Beef Farm near College Station, Texas. (c) 2011

It’s been a busy week.  I have been catching up on my blog feed before heading to the gym.   This is what I found:

This month’s Pennsylvania State Agriculture Law Brief has updates on the G-20 Action Plan, Hydraulic Fracturing, and the White House Rural Council.

I excitedly received a Google+ invite this week from a respected family law colleague (and friend).  Do you think it will “dominate” social networking? Or do you think Google + will be another Google “failure?” (“the wave” never caught on…).  Only time will tell.  I have to say that I’m starting to get a little social media exhaustion …. however, I just put up my Google + profile yesterday and interested to see how it develops/changes social networking.  I’m still trying to figure out the +1 button.  My Google account is cari.rincker@gmail.com (you can GChat me via iChat anytime).

So what do you think about the GIPSA proposed rule?  It was the focus last month during the Senate Ag Committee livestock hearing.

Have you heard about the proposed legislation at the federal level regarding the size of hen cages?  See also this.

Here is some USDA news from the National Sustainable Agriculture Coalition.

I enjoyed listening to this podcast about bankruptcy with farm describing the difference between Chapter 11 and Chapter 12 bankruptcy and this podcast about the effect of the bank failures on the family farm.

Curious why food prices are up?

Does your farm need to purchase workers compensation insurance?

I liked this post:  How Your Horse Business Can Survive an IRS Audit.  Here are some thoughts on organizing your tax records.

This is correct.  The Defense of Marriage Act prevents same-sex married couples from filing jointly on federal tax returns.

I took this photo years ago -- it is ranchland outside of Cheyenne, Wyoming. (c) 2011

Are agriculture land values on the decline?

Are you interested in the Food Safety Modernization Act?

Thinking about getting a Last Will and Testament and/or Revocable Living Trust form online?  I agree with this post.  Hire an attorney.  Don’t take chances.  Your assets are too valuable.

I enjoyed this post regarding why savvy entrepreneurs need legal counsel.  Can’t afford not to.

A gentle reminder why contracts can make you money and help get you a good night’s rest.

I agree – I love my iPhone too.

As an attorney who practices family law, I enjoyed this post regarding the tax implications of voluntary spousal support.

This post is  a nice reminder why a Power of Attorney is important.  Do you have one?

So what is an “Article 10″ proceeding in New York?  It is a petition under the NY Family Court Act for child neglect/abuse.

Finally, I liked this post about why we have zoning ordinances.  Sometimes it’s good to remind ourselves why we have certain regulatory mechanisms put in place.

I took this photo of a buffalo herd while roadtripping through South Dakota with my dog, Taylor. Beautiful countryside. (c) 2011

Seems like just yesterday I was driving across South Dakota with my dog Taylor before starting Rincker Law, PLLC and this blog.  It’s been a great ride so far.  Big thank you to my friends, family, colleagues, contract attorneys/legal assistants, clients and blog readers for all your support.

It’s been a busy year indeed.  Over the last year, I am very thankful to have been honored as a Distinguished Alumni of Lake Land College (“LLC”) (read about my experience at LLC here), selected for the American Cattlewomen (“ANCW”) National Beef Speakers Bureau (“NBSB”), elected President of New York Agri-Women (“NYAW”), elected as the Secretary/Treasurer of the National Cattlemen’s Beef Association (“NCBA”) Young Producer’s Council (“YPC”), and profiled in the ABA Journal.  My work on the YPC social media guides has caught industry attention (we are currently working on a LinkedIn Guide for cattle producers).

I have had a busy spring with speaking engagements including the New Jersey State Bar Association (“NJSBA”) Annual Meeting, New York Farm Bureau (“NYFB” Animal Welfare Symposium, and NYFB Young Farmers & Ranchers (YF&R) Leadership Conference.  Additionally, I am also in the middle of a family/matrimonial law seminar series for mental health professionals.  I hope to have webinars available for the agriculture industry this fall/winter.

On the technology front, I have become an Apple-using attorney (“MacLawyer”) now using an iMac, iPhone, iPad (great for the courtroom), and Macbook Pro.  Even though I have found a few glitches in my system transfer, I have been very happy with my Apple products and customer service.  I have also entered the world of Skype.  I gave it the college try on my first video blog (hopefully more to come) and have been experimenting with WebEx in the animal & agriculture production law & policy course that I am currently enrolled in.  I am considering using WebEx for a platform with clients, Ag Book Club chats, and webinars.

And- I almost forgot- within the last year I became NCBA Beef Quality Assurance (“BQA”) certified.

In case you missed it, here are a few of my favorite blogs over the last year:

1.  I recently wrote an article on embryo transfer contracts for the livestock industry.  I feel very strongly that the agriculture industry needs a shift in business culture putting agreements in writing.  Embryo transfers/flushes are no exception.

2.  Does your sale abide by the “suggested sale terms” from your livestock breed association?  Make sure there is a meeting of the minds and put the terms of the agreement in writing.  As a caveat, pay attention to silent “suggested sale terms” (e.g., semen’s ability to freeze) that may be material.

3.  When is the last time you had fence maintenance on your farm?  This blog delves into a livestock owner’s potential liability with highway accidents.

4.  This post gives an overview of state laws relating to livestock space.  So what is next?

5.  Some folks really enjoyed this post regarding the role of a buyer’s attorney in a real estate closing.

6.  One of my personal favorites – this post memorializes why I think prenuptial agreements are romantic.

7.  I highly suggest seeking counsel before entering into a wind lease.

8.  Dr. Temple Grandin is on a short list of women that I look up to most in the livestock business.

9.  When is the last time you updated your employee handbook?

10.  Are you trying to decide what business structure is best for you?  Read this previous post first.

11. Are you considering getting divorced in New York?  Here is an overview of the new “no fault” divorce law.

12.  Why I am proud to be a member of the agriculture industry.

13.  Knock, knock.  ”Who’s there … and do you have a warrant?”  How New York livestock producers should handle visits from non-police officers.

14.  We are half-way through the 2011 tax year.  Have you thought about charitable deductions?

15.  So what do you think is the most important issue affecting the agriculture industry?

16.  I feel very passionate about succession/estate planning for farm/ranch families.  So when is the last time you had *that* conversation?

17.  Don’t just be thankful on Thanksgiving.  Why are you thankful?

18.  How to find the right attorney for you (Part I and Part II).

19.  Don’t just complain.  You can help change the law.

Thank you to for your loyal readership!  Seems like just yesterday I was celebrating my one-year blogging anniversary.  Looking forward to a fantastic year three.

This photograph was taken at an American Junior Simmental Association Regional Classic.

Over the next few months I will be participating in an online animals and agriculture production law and policy course for attorneys coordinated by Prof. Drew Kershen from the University of Oklahoma, College of Law.  Prof. Linda Chezem, Elizabeth Rumley, Esq. & Rusty Rumley, Esq. will be co-teachers for the course.  The weekly course will discuss important animal agriculture law/policy issues including animal welfare/cruelty, animals used for scientific research, veterinary care, animal slaughter/harvest, U.S. Department of Agriculture (“USDA”) National Organic Program, livestock identification, food labeling, use of antimicrobials, food safety, land use and zoning concerns such as livestock sitting statutes, international trade, and the USDA Grain, Inspection, Packers, and Stockyards Administration (“GIPSA”) proposed regulations.

I am very excited for the course and I know it will be worth-while.  I hope to post information on this blog applicable to my readers so please stay tuned.  If you are an attorney and interested in participating in the course in the future please contact Prof. Drew Kershen at dkershen@ou.edu.

This photo is from the Illinois State Fair Junior Heifer Show several years ago (I was a ringwoman that day in the photo). This photo is getting me excited for county fair season that is quickly approaching. I'm a big supporter for 4-H and FFA. Hard work teaches kids how to become good people.

Had a nice Saturday afternoon catching up on my RSS Feed.  This is what I found:

What are your thoughts regarding genetic biodiversity in our food system?

The G-20 Agriculture Ministers made an action plan last week to help mitigate hunger & food price volatility around the globe.

Let’s take the Taboo out of end-of-life conversations.  We are all going to die.  A loving family needs to discuss these things.  Are you prepared?  Never too early to start thinking of your estate plan.

I love seeing pictures of agriculture in other parts of the world.

When is the last time you thought about an unexpected disability?

In this digital age, I agree with the power of a handwritten card sent via “snail mail.”

Here is an update on estate tax proposed legislation.

What kind of leader are you?

Here are some thoughts on LLC Operating Agreements.

Check out the top urban farms in New York City.  Rooftop farming isn’t just a U.S. trend.
And have you thought about turning your front yard into a community garden?

Are you thinking about buying or selling a horse abroad?  Read this blog first.  A few years ago I had an international dispute regarding a horse partnership and the issues were preventable had the parties properly memorialized the agreement.

Wishing I was heading to Italy for this conference.  I will just have to settle for going to Little Italy this evening.

Nice blog regarding New York child support in shared parenting arrangements.  I also liked this post regarding “gross (total) income” for child support and spousal maintenance calculations.

I’m off for a run in Central Park.  Have a nice weekend!

I have two very exciting announcements today.  First, this month’s  ABA Journal has an article on yours truly!  You can read the full article here. I’m very proud to be one of the few cowgirls in NYC (and I think the only agriculture attorney).  Thank you to all my family, friends, colleagues, support staff, “ag tweeps” and regular blog readers for all the support.  And a very special thanks to the folks at Hudson Pines who let me come take the picture in front of beautiful Simmental cows.

Second, I’m happy to announce that this blog was added to the American Bar Association‘s Blawg Directory.  This blog is in good company with other wonderful “law blawgs.”  You can search the ABA Blawg Directory by topic, author-type, region, and/or law school.   I suggest checking out some of the other “blawgs” in the directory on animal law, business law, environmental law, energy law, copyright law, corporate law, Law in Popular Culture, trademark law, trusts and estates, and tax law.

Still looking for some law blogs?  I also recommend reviewing Justia’s Blawg Directory.  This food and agriculture law blog is listed in Justia’s agriculture law directory.