Hope you are having a lovely holiday season. I’m home visiting family in Illinois right now at the Rincker Ranch. This blog is long overdue. I enjoyed reading this book last summer beachside in Coney Island. A friend of mine, Jeanne Berger, one of the top financial advisors at Chase Bank, suggested “Smart Women Finish Rich” by David Bach to …
C-Corp, S-Corp, B-Corp- Huh? What’s Best for Your Food and Agriculture Operation
Under NY Business Corporation Law (“BCL”), a corporation is formed in New York by filing a Certificate of Incorporation with the NYS Department of State. Individual shareholders will not be held personally liable for the debt of the corporation unless the “corporate shield” can be pierced. The corporate shield can be pierced in New York if a court finds that the …
Lawline Lecture: Counseling the Local Food Movement
As I noted in this post, last month, I enjoyed presenting at Lawline on Counseling the Local Food Movement Part II. It was Part III of a Three Part series that I did at Lawline this fall on food and agriculture law. In this presentation, I discuss I discuss Food Safety Modernization Act, the National Organic Program, Right-to-Farm law, backyard …
Some Thoughts on Bull Partnership Agreements
Are you going *in* on a bull partnership? Getting a written bull partnership agreement is a way to help ensure that everyone is on the same page. Here are some thoughts for a bull partnership agreement. 1. Who are the original business partners and ownership shares? 2. Will unanimous or majority consent be required if a partner decides to sell …
Partnerships – A Common Entity Choice for Food and Agriculture Operations
At one point or another, most food and agriculture operations form a partnership with another person or entity. Perhaps it is a partnership on a single head of livestock (e.g., stallion, bull, boar, show heifer) or perhaps it is a more long-term partnership where profits and losses will be shared among family members or multiple people and entities. Partnerships can happen …
How Organization Can Help You Save Money in Your Divorce
I help people through the emotional, life-changing experience of a divorce. A new chapter awaits on the other side. But first, the parties have to get through the divorce process. There is a lot of financial transparency in a divorce. The parties each have the legal right to financial disclosures from the other party. If the parties choose to go …
Upcoming Farm Commons Webinars for Farmers
Rachel Armstong of Farm Commons has put together a killer list of webinars on a myriad of legal topics important for farmers, among them include: – Overview of Farm Legal Issues – Community Supported Agriculture Legal Issues – Hosting On-Farm Events – Workers and Employees -Selling Products to Larger Buyers -Starting a Farm -Adding Value to Farm Products -Food Safety …
Overview of “Sealed” Divorce Papers in New York
New York has stronger privacy laws with divorces when compared to other states. Under New York Domestic Relations Law (“DRL”) § 235, pleadings to a matrimonial action are sealed for 100 years (in other words, for your lifetime). Only the parties themselves or the attorneys’ of record may obtain the court files. However, the court may order for the divorce …
Counseling the Local Food Movement Part II
Below is the presentation from last night’s webinar “Part II: Counseling the Local Food Movement” for Lawline. It was the third presentation in a three part series. Free Continuing Legal Education (“CLE”) credits are available for each one. I think that Lawline is a worthwhile investment for attorneys – over the weekend I was able to listen to a matrimonial …
Watch the Video Lecture: Counseling Food Movement Part 1
As I noted in this post, I enjoyed presenting at Lawline last month on counseling the local food movement. There’s so much to talk about so I’m giving Part II of the presentation on November 18, 2013. In Part I of the presentation, I talk about direct farm marketing, cottage food operation law, liability and insurance. It runs for about …