For those of you interested in a written bull lease, consider these terms: Term: The term of the breeding season should be listed (e.g., March 1 to June 30, July 1 to September 1). Number of Bulls: Note the number of bulls leased from the lessor plus any other bulls leased from other cattlemen during the breeding season. Payment: The …
A Few Important Farm Lease Terms
For those of you who are thinking about your farm lease, here are a few terms to consider: Parties: Ensure that all intended parties to the lease are named and adequately identified by the inclusion of their addresses or other unique identifying information. Purpose: It is recommended that farm leases note the purpose of the lease (e.g., corn production). Property …
Common Equine Contracts: What They Are, Pitfalls to Avoid, and Ideas for Effective Drafting
I will be moderating this upcoming CLE for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division’s Agriculture Law Committee on December 9th on Common Equine Contracts. I’m super excited to have equine law attorneys Julie Fershtman, Thomas Nicholl, and Avery Chapman on board to present on this very useful topic. We will be discussing the following …
What Should a Non-Disclosure Agreement Address?
Is your farm or food business in business negotiations and you you considering using a Confidentiality Agreement or Non-Disclosure Agreement (“NDA”)? In most instances, bilateral NDA’s should cover the following issues: (1) Legal Name of the Parties and Location. The NDA should use the parties’ legal name, address, and state of incorporation (if appropriate). It may be prudent to ask …
The Termination of Spousal Maintenance in New York
I get a lot of questions from client regarding spousal maintenance (or alimony) and when it terminates. No matter how much maintenance is awarded or how long the duration of the maintenance is, in all cases maintenance ends upon remarriage of the recipient spouse, cohabitation of the recipient spouse with another man or woman (even if you are not legally …
Want To See What A Divorce Consultation With Me Is Like?
I will be giving a Mock Divorce Consultation to my BNI Chapter on December 2nd from 6 to 7:30pm at Club 101 in Midtown Manhattan. BNI is a great networking organization. For those of you in New York City, please come visit! More info here. If you are interested in visiting, please let me know. Share this Article
Excellence in Agriculture Law Award
I had a great time at the American Agriculture Law Association (“AALA”) Annual Meeting two weeks ago in Albuquerque,New Mexico. I moderated a roundtable aimed at helping food and agriculture attorneys in solo and small firm settings run a successful (and profitable) law practice. I also really enjoyed several of the sessions throughout the conference, especially the session on food …
New and Improved Kindle Version Available for NY Food and Agriculture Law Book
A new and improved, more user-friendly Kindle version of the “Field Manual: Legal Guide for New York Farmers and Food Entrepreneurs” is available on Amazon.com here for $9.99. If you purchase the hard-copy of the book, the Kindle version is only an additional $2.99 – a cheap way to make sure that the “Field Manual” is always with you… and your Kindle/iPad/Tablet. …
Why Your Farm Estate Plan Should be Revisited Every Few Years
It is prudent to revisit your estate plan every 3-5 years or when there is a major life event (e.g., marriage, divorce, purchase/sale of major assets, bankruptcy, children). Estate planning leads to business planning, which leads to tax planning, which leads to business succession, which should lead to disaster planning, which may lead to federal farm program planning, which should …
My Presentation on “Getting Paid” at the American Agriculture Law Association Annual Meeting
Had a great time at the American Agriculture Law Association (“AALA”) Annual Meeting this past week. I moderated a roundtable discussion on “Getting Paid: Billing and Collection Strategies for the Food and Agriculture Lawyer.” My presentation has none of the answers – only the questions! However, I did provide a substantive outline for the attendees that is located here. The …
Keep Your Pets in Mind with Your Estate Plan
Farms and pets go hand-in-hand. There are three vehicles that can be used to protect your pets (including horses) after you die: 1) Last Will and Testament, 2) Pet Trusts, and 3) Pet Protection Agreement. Last Will and Testament: In New York, pets are considered personal property like a car or a diamond ring. It should be noted that wills …
Breaking Down the Basics – Some Farm Estate Planning Definitions
Knowing these basic estate-planning definitions may be helpful in any conversation you may have with an estate planning professional: A Last Will and Testament (usually just called a “will” for short), is a document that gives your directions on what to do with your property when you die. It takes effect only after you have actually died, and it must …