I took this picture several years ago at the Lake Land College livestock judging contest. This is a class of Yorkshire gilts for the youngsters.

I was interviewed for this month’s career issue of Drive.  You can find my interview on page 88 here.  You can also find Drive on Twitter and Facebook.

I will be a panelist at this event on May 16th from 8:00 to 10:00 am with the Association of the Bar for the City of New York (“City Bar”) titled “Feeding Ourselves, Sustaining the Planet.”  I will be presenting on sustainability developments in “Big Ag.”  It is sponsored by City Bar’s Committee on International Environmental Law and the Committee on Environmental Law.  It is co-sponsored with the Women’s Network for Sustainable Future.  There is a continental breakfast at 8am and program.  It is free for City Bar members.

The panel is moderated by Adeeb Fadil from Simpson Thacher & Barlett LLP and the Chair of the City Bar International Environmental Law Committee and Roberta Gordon from Bryan Cave LLP and the City Bar Environmental Law Committee.  Other panelists include  Mark Lipson, the Organic and Sustainable Policy Advisor with the U.S. Department of Agriculture, Tim Searchinger, an Associate Research Scholar and Lecturer in Public and International Affairs at the Woodrow Wilson School at Princeton University, and Judith Labelle, the President of Glynwood.  Feel very honored to be on the same panel with such a prestigious group.

Have thoughts on sustainability developments in “Big Ag?”  Would love to hear them.  Please post your comment below or email me directly at cari@rinckerlaw.com.  I posted an event on Facebook here.

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!).

Cold December day at the Rincker Ranch

Happy Sunday.  I wanted to alert my readers on a deadline that right around the corner.  The American National Cattlewomen, Inc. (“ANCW”) is currently taking applications for the National Beef Speakers Bureau (“NBSB”) through December 15, 2011.  You can find the application here.  Last year was the first year for the program.  With the help of cattlewomen from coast to coast, volunteers were able to reach both urban and rural consumers educating them about the U.S. beef cattle industry.

I have been on the NBSB for the last year and have enjoyed reaching out to consumers in metropolitan New York City.  I’m a big proponent of “agvocacy” via social media, local news outlets, and face-to-face conversations with the people around you — whether you are at the grocery store, in an elevator, on an airplane, or speaking to groups in your community.  It’s paramount for the agriculture industry to “put a face on the plate” and help bridge the gap of understanding between consumers and the folks who are involved in food production.  When I have conversations with New Yorkers about the livestock industry, I am repeatedly told that they want to hear the stories about the farmer pulling a calf out of a blizzard in the middle of the night or how the livestock producer gets up early, even on Christmas morning, to feed their animals.  Consumer yearn for both “hard cold facts” about why beef is safe to eat and feed to our families and “soft warm facts” about how farmers love and care for the animals they raise.

If you are considering applying for the NBSB, I also recommend completing the Master’s of Beef Advocacy (“MBA”) program through the National Cattlemen’s Beef Association (“NCBA”) (it makes a great New Year’s Resolution!) and the Beef Quality Assurance (“BQA”) Program through your NCBA State Affiliate.  I completed both the MBA and BQA programs and believe that it is well worth it.

Overall, I had a great experience on NBSB — met some lifelong friends, gained invaluable knowledge, and (hopefully) made a difference in how the public views the beef industry.  If you are interested in applying, I recommend it.  ANCW does a good job running the program and travel expenses are paid through grant monies.  It’s a busy holiday season so get that application in before it’s too late!

Contact the NBSB Program Manager at 303-850-3440 orsbohnenkamp@ancw.org for more information.

I’m excited for my new webinar series titled “Fridays with Cari.”  I will be discussing a variety of agriculture issues with my Friday webinar series ranging from livestock animal cruelty law to estate planning.  I believe that legal information should be affordable for everyone in the food and agriculture industry and I hope that my webinars will be educational to my attendees.

All of the webinars are on Fridays at 2pm ET.  I’m planning on doing the following webinars this fall/winter and would appreciate if my readers would share this information to those that may be interested:

1.  Overview of New York Livestock Animal Cruelty Law:  Today I will give an overview of livestock animal cruelty law in New York and discuss the law of search and seizure of livestock.

2.  Twitter 101:  Tweeting for the Food and Agriculture Industry:  Are you new to Twitter or thinking about joining?  Next Friday I will give the Twitter ABC’s and discussing everything from setting up a profile, using hashtags, and third party applications such as Tweetdeck and HootSuite.

3.  Embryo Transfer Contracts for the Livestock Industry:  On November 18th, I will be giving an overview of contracts dealing with embryo transfers in the horse and livestock industry.

4.  Pre-Nuptial and Post-Nuptial Agreements for the Agriculture Community:  Whether you are already married or recently engaged, on December 2nd I will give an overview on why farm/ranch families should think about whether pre- or post- nuptial agreements are for them.

5.  Overview of Estate and Succession Planning for the Agriculture Community:  This is a topic that I am extremely passionate about and hope many of my readers will sign up for this particular webinar.  On December 16th (entering the holiday season), I will give an overview on estate and succession planning for the ag community.

6.  New Year, New Resolution – Putting Livestock Sales Contracts in Writing:  I’m going discuss livestock sales contracts to bring in the New Year on January 6th.  I will give an overview of contract law and list suggested provisions that may be included in the livestock sales contract.

7.  New Year, New Resolution – General Partnership Agreements for the Food & Agriculture Community:   A general partnership is formed with more than one person enters an agreement to go into business together and share profits.  But what does that “agreement” entail?  The food and agriculture industry should think about putting general partnership agreements in writing.  On January 13th, I will give an overview of partnership law and suggest language that should be included in the general partnership agreement.

8.  New Year, New Resolution – Legal Issues Pertaining to NY Start-Up Businesses:  Are you considering starting a business in New York?  On January 27th, I will give an overview of legal issues that New York start-up businesses should consider including trademark law, business organizations, and business plans.

9.  Legal Issues Pertaining to Livestock Photographers:  Livestock photography law?  Huh?  Yes, that’s right.  On February 10th, I will discuss applicable laws including business formations, trademark law, and copyright law.

10.  Getting Divorced in New York:  An Overview of the Process:  Are you considering getting divorced in New York State?  I will discuss court procedures, stages in litigation, grounds for divorce including “no fault” divorce, separation agreements, child support, temporary/durational spousal maintenance, forensic accounting, and Alternative Dispute Resolution (e.g., mediation and collaborative divorce).

You can register for the webinar by visiting the Events Page.  I have received several emails inquiring whether the webinars will be recorded and sold at a later date.  Right now, I am planning on rerunning the webinars at a later date so if you miss the first one you can attend it in the future.  However, I am considering recording the webinars so please stay tuned for more details.

Participation in the webinars will be completely confidential.  I am very aware that some of the issues – particularly the webinars dealing with pre/post-nuptial agreements and divorce- are extremely sensitive topics.  Your identity will not be disclosed to the other participants.

It is important to note that the webinars are for informational purposes only and are not designed to give legal advice.  There will be no attorney-client privilege for questions asked during the webinar.  If you specific legal questions that need addressed, you are encouraged to speak directly to an attorney licensed in your jurisdiction.

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.

The Angus Journal had an article this month titled “Social Media 101” that mentioned that social media guides that I helped develop for the National Cattlemen’s Beef Association (“NCBA”) Young Producer’s Council (“YPC”) (@YPCBeef) along with a great crew of volunteers.  You can read my previous post on the guides here.  You can also find the guides on my JD Supra page for Twitter, Facebook, and Blogs.  Special thanks to Ranch House Designs (my web designer) for working on the design for the Facebook and blog guides for YPC.

YPC is currently developing a guide for LinkedIn.  If you are interested in volunteering, please contact YPC’s new PR gal, Jesse Bussard (@cowgirljesse).  The guides are geared to cattle producers but most information is applicable to folks involved in various industries.

In case you missed it, the YPC Cattle Call Blog moved this spring.  Please update your RSS Feed.  If you are a YPC member (or supporter), please make sure to join our Facebook group.

I took this picture during graduate school at the University of Illinois Beef Research Farm

I have previously noted on this blog my admiration for Dr. Temple Grandin as an animal scientist.  She truly is an extraordinary woman and has done so much for the livestock industry.  Last night, I was reading National Cattlemen’s Beef Association‘s (“NCBA”)Beef Issues Quarterly for Fall 2010 and on Page 23 there is a great interview with Dr. Temple Grandin.  I posted a few excerpts below that complement some of my previous posts/articles.

Dr. Jason Ahola:  Dr. Grandin, you’ve worked with the beef cattle industry on animal care and handling for years.  Can you tell me mroe about the changes you’ve seen over time?

Dr. Grandin:  Since I started out in the 70′s, I’ve seen a lot of improvements. * * * You see it in things like low-stress handling workshops; you didn’t have that before.  There’s a lot more awareness today.  The good sector of the industry- the people who are doing a good job-has expanded. * * * I feel very strongly about the industry’s communication with the public.  People in agriculture haven’t done a good job of communicating what they do.  I think ranchers need to be putting videos up on the Web of just the normal chores out on the ranch. * * *

I have previously raved of my love for social media on this blog (both as an attorney and agriculture woman) and how important “agvocacy” is both on- and off-line (but see this post regarding balancing technology and tradition).  In the last few years, we (the agriculture industry) keep hear how consumers want to “hear our story” — so much so that some of us are tired of hearing about how we need to “tell our story.”  But it is so important for the future of the agriculture industry.  When I have conversations with urban consumers in New York City do not like to buy meat products from “factory farms” I ask them what could be done to change their impression of the meat industry.  Time and time again I hear “I want to hear the story of the cattle producer who brings in his calf in the middle of the blizzard” or “I want to meet the sheep producers that care for their lambs on Christmas morning” or even “I want to understand that the animals are chickens being taken care of properly.”

I took this picture in the Sandhills of Nebraska while interning with the American Simmental Association

Not only can social media add transparency of your farm/ranch but it also helps generate a positive public image.  Livestock producers need to pay attention both to their brand/public image but also to their relationship with the consumer.  It can be one of the several necessary defensive moves against livestock animal cruelty charges.  For those of you who are just getting started with social media, I have posted the NCBA Young Producer Council (“YPC”) social media guides in this previous post.

Dr. Jason Ahola:  Based on your work and the changes you’ve seen, do you think animal welfare is a priority for cattle farmers and ranchers?

Dr. Grandin:  * * * I think we have to look at everything that we do and say, “If I brought my New York wedding guests out, what would they think?”  I can take people to our big packing plants here in Colorado and have them watch cattle going up the chute, and they say, “Wow, I just can’t believe they’re going so calmly up the chute.  This isn’t so bad.” * * * Simple changes to facilities . . . can make a huge difference.

I recently spoke to a group of livestock producers on livestock animal cruelty law in New York.  One of the recommendations that I gave to those folks were to walk/drive around their farm and make note of all the “broken windows.”  ”Broken windows” are the things that you see all the time but never notice.  I first heard this term from my pastor when I lived in Wyoming.  If a lay person from the public would come to your farm today, what would they see?  Are there any “broken windows” on your farm/ranch that need fixed to make sure you are putting your livestock operation with the best foot forward?  Are you participating in voluntary animal welfare programs and bragging about this involvement online?  Pay attention to public perception.  Make sure you are doing the “simple changes” to your facilities that make a big difference.

Dr. Jason Ahola:  Obviously you’ve seen the main concern for farmers and ranchers is proper care and welfare for animals.  I think the average farmer or rancher with a hundred head is also facing tough economic times.  What do you recommend for those folks as the single most important thing they should be doing to make a difference for animal care when working cattle?

Dr. Grandin:  Calm down.  You’ve got to calm down.  There are a lot of low-stress handling techniques but you can’t learn any of that stuff if you don’t calm down.  And then you’ve got to make sure that in the squeeze chute and coming out of the squeeze chute you’ve got non-slip flooring, because animals panic and fall down when they slip. * * * There are places for fancy things.  Large feedyards and large ranches where you have a lot of employee turnover is a place for fancy facilities.  But a small ranch can really make do with rudimentary facilities, especially if you calm down. * * *

What I love about this answer from Dr. Grandin is that #1 thing that cattle handlers can do from an animal welfare standpoint is to “calm down” and pay attention to their demeanor when working livestock.  This doesn’t cost a thing- maybe just a little more time for being calm and patient when cattle aren’t behaving the way they should.  Even so, I still recommend that livestock producers work with an extension specialist to make sure they are using the proper equipment and facilities to lower stress.  However, I love that Grandin points out that “calming down” is the most important animal handling technique.

For those of you who are NCBA members, I encourage you to read her full interview in your Beef Issues Quarterly.  She’s one brilliant woman with common sense and a heart for the livestock industry.  I was able to meet her for the first time last year at a book-signing in New York City.  She was a little confused how a cattle girl ended up in the Big City…

Picture of my grandpa Leland Rincker with his 4-H project. He's 86 now. A lot has changed in the beef industry while other things have remained the same.

Last week I spoke to the New York Farm Bureau (“NYFB”) Young Farmers and Ranchers (“YF&R”) about finding the right balance between tradition and technology.  I thought that I would share a few thoughts from my presentation here.

1.  The Use of Technology in Agriculture Is Traditional.  Farmers and ranchers have always used technological advancements to increase efficiency, quality, safety, and profitability.  The crop industry has experienced six major revolutions with the introduction of (a) mechanical equipment such as tractors and cotton-pickers, (b) hybrid seed, (c) fertilizers, (d) herbicides, insecticides, & fungicides, (e) biotechnology, and (f) information technology.  Farmland erosion has reduced by 43% in the  last 20 years.  In 1940, 1 farmer produced enough food for 19 people.  In 2010, 1 farmer produced enough food by 155 people.  A higher proportion of farmers use smartphones when compared to the general public (46% vs. 25%).

2.  ”The Times They Are A-Changin’” - Bob Dylan.  This isn’t your grandfather’s industry anymore.  Generation Y currently out-numbers baby-boomers.  Adoption rates for internet-based applications such as social media are much faster than traditional technological adoption rates.  It is estimated that mobile data traffic will increase 39 fold by 2014.  Businesses are changing the way they market themselves and cater to this growing demographic.  Furthermore, agriculture is being faced with younger leadership.  Between 2007 and 2030, 80 million U.S. employees will retire.  A 2008 Iowa State University survey of Midwestern farm families revealed that 42% of farmers planned to retire within the next 5 years.  There will consequently be a shift in leadership on our farms, ranches and agribusinesses.  Due to this, have my readers had *that* conversation with your family?  Poor succession planning is a huge threat to family farms.

3.  The Use of Technology Does Not Mean We Are Big Bad Corporate Agriculture. Even though 98% of the farms in the United States are family owed, it doesn’t change the fact that there is a negative stereotype about modern agriculture practices from U.S. consumers and the international community.  We need technology to feed a growing world population.  It is paramount that the agriculture community get involved and help educate the public about the use of technology in agriculture either via social media or face-to-face agvocacy.  Prepare that elevator speech and be prepared to talk to consumers about what you do – wherever you are.  It’s amazing the questions that I get when I wear my cowboy boots to the airport.  If you get discouraged about the negative press that the agriculture community is receiving regarding its use of technology, please remember that it isn’t “us vs. them.”  We are all Team Agriculture.  It isn’t Big Ag vs. Small Ag.  It isn’t Organic vs. Non-Organic.  It isn’t the Cattle Industry vs. the Corn Industry.  And it isn’t Agriculture vs. Consumers.  Consumers are our customers and we need to respectfully listen to their voice.

4.  There is No Need to Keep Up With the Joneses. Don’t use technology for the sake of using technology.  Use your business cap and make sure that the technology that you choose is cost-effective.  Judicially decide what types of technology to use based upon your specific operation, budget, brand and client base.

My dad checkin' his turnips

5.  Technology Cannot Replace Common Sense. As my grandpa says, “Red sky at night, sailors delight; red sky at morn’, sailors be warned” or “ring around the moon, rain come soon.”  Technology cannot replace knowledge and experience.  Don’t forget to use all five of your senses and don’t be afraid to open up the Farmer’s Almanac from time-to-time.

6.  With the Use of Technology, Don’t Forget the Old-Fashioned Values That Make This Industry Great. You know the values that I’m referring to.  The unbelievable sense of community.  Family Values.  Hard-work.  And helping that neighbor in a time of need.  Those are the things that make this industry worth fightin’ for.  So no matter what technological advancements come in our future, hold true to those values that make this industry great.

7.  Don’t Forget Real Life Relationships. I love Facebook and Twitter as much as everybody but it cannot replace real-life relationships.  Don’t let social media get in the way of family-time.  Don’t forget face-to-face networking.  It is great to be an agvocate online, but you can also do a lot of good for agriculture by talking to people in your community.  Technology is great but let’s not all be glued to our smartphones too much that we forget the wonderful relationships that we have IRL (“in real life”).

I am very excited to be one of the speakers at the 2011 New York Farm Bureau (“NYFB”) Young Farmers & Ranchers (“YF&R”) Leadership Conference from March 11 to March 12 at the Holiday Inn in Syracuse/Liverpool, NY.  This year’s theme is “Tradition and Technology.”  I think this is a great topic as young agriculture producers and business people struggle with the right balance of technology in their operation.

The substantive program includes speakers on crop insurance, legislative updates at the state and federal level, and the use of social media for “agvocacy.”  I will be the closing speaker during lunch on the 12th.  You can view the complete agenda here.

For more information please contact Patti Dugan at pdugan@nyfb.org.