Many farms and agribusinesses operate as a DBA (“doing business as”) or an “assumed name.” Many businesses in the state of New York, including those involved in the food and agriculture industry, are not properly registered. Pursuant to Section 130 of the NY General Business Law, no person or entity can “(i) carry on or conduct or transact business in …
Will be Presenting at the 2012 Animal Agriculture Alliance Stakeholders Summit
I will be speaking at the 2012 Animal Agriculture Alliance (“AAA”) Stakeholders Summit next month in Washington, D.C. on livestock animal welfare law. More specifically, I will be presenting on May 3rd during the “Legal Workshop” part of the program. The title of the presentation is “When Activists Come Calling – Know Your Rights.” I will give an overview of …
Upcoming CLE on “Counseling the Local Food Movement”
As I noted in this blog, I’m very excited to announce that the American Bar Association’s (“ABA”) General Practice, Solo and Small Firm Division’s Agriculture Law Committee will be hosting a CLE webinar on Thursday, May 10, 2012 titled “Counseling the Local Food Movement: What a Practitioner Should Know.” This is a very substantive CLE that will be two hours. …
So What If I Don’t Agree If My Marriage Is “Irretrievably Broken?”
As I noted in this post, New York now has “no fault” divorce permitting the court to award a divorce based on one spouse’s sworn statement that the marriage has been “irretrievably broken” for at least the prior six (6) months prior to the commencement of the divorce. So what exactly does it mean for a marriage to be “irretrievably …
So What Exactly is this Mediation Thing?
I have been blogging lately about mediation – but what is it exactly? Mediation is a type of Alternative Dispute Resolution (“ADR”) and is sharply different than arbitration. A mediator does not make the decision about the outcome of the case; instead, the parties (and their attorneys, if applicable) work toward a solution together. The mediator helps to facilitate this …
Watch the Livestream of the American Agri-Women Mid-Year Meeting
Yesterday, I enjoyed watching the livestream of the American Agri-Women(“AAW”) Mid-Year Meeting in Nebraska City, Nebraska (between Omaha and Lincoln). Today is the last day of the mid-year meeting. If you are a member of the agriculture community, I recommend taking some time todayto watch the livestream! I think it is great that food and agriculture organizations, like AAW, are making video livestreams …
Professional Service Limited Liability Companies in New York
Recently, during a real estate closing a borrower looked at my business card and asked me what a “PLLC” was. I thought it would be worth clarifying on this blog for my readers. Pursuant to Article 12 of the New York Limited Liability Company Law, a professional service limited liability company (PLLC) may be formed by one or more attorney …
Proud Business Sponsor of the Long Island Small Farm Summit
Rincker Law, PLLC is a proud “Friend of the Farmer” business sponsor for the Long Island Small Farm Summit scheduled on Saturday, April 14, 2012 at Hofstra University. The event has a great agenda chalk full of valuable educational workshops ranging from business planning, direct consumer marketing, laws affecting the local food movement, and “Neighbor-Supported Agriculture.” The afternoon has practical …
Types of Farm Leases: Cash-Rent vs. Crop-Share
Happy Friday! Last week, I stumbled across Rusty Rumley’s powerpoint presentation on “Agricultural Contracts and the Leasing of Land.” Rusty does a great job giving an overview of the building blocks. He’s a great teacher — he was one of my instructors in this agriculture law course last year— and I suggest looking at his presentation along with other useful …
Growing Mediation Practice
Part of the reason why Rincker Law, PLLC moved last week is due to my expanding mediation practice. Not only have I completed the 40-Hour Basic Training and Divorce Mediation Training with the New York Peace Institute but I am a R. 1:40 qualified mediator for the Civil, General Equity and Probate Cases and Civil Presumptive Mediation Program Roster in New …
Overview of the “No Fault” Divorce Ground in New York
As a matrimonial attorney, I receive a lot of questions about “no fault” divorce law. No fault law in New York did not remove the need for a “ground” in order to be divorced. In other words, New York has been and still is a “grounds” divorce state. Until October 12, 2010, there were only six grounds for divorce in …
Giving New Life to the Term “Spring Cleaning” – Does Your Farm or AgriBusiness Have a Scanner?
I have to give a shout-out to a small little machine that has made a big difference to my life and law practice — the Fujitsu ScanSnap S1500M. In preparation of my move to my new office space at 535 Fifth Avenue, I spent the weekend scanning files and documents. I purchased this Bad Boy a few months ago and …