Podcast #2 of “Ag Law Today” is now live! Listen to MMA Lawyer, David Fish, talk about employment law contracts. David had a great common sense approach to life and business. Hear his words of wisdom here. Share this Article
Illinois Family Law: Supervised Visitation
Supervised visitation requires the presence of a third party during parenting time. 750 ILCS 5/600(m). This restriction on parenting time can only be imposed after a hearing where the court finds the child’s physical, mental, moral or emotional health is “seriously endangered.” This is not as a strict a restriction of termination of parental rights. Instances where supervised visitation may …
I’m Starting a New Business – Should I Use an LLC (Taxed as a Partnership) or an S Corporation?
Entrepreneurship has been called the new American dream. Hanging a shingle starts with an idea that develops into a business plan, but not without careful financial and legal considerations. Among the decisions that new business owners grapple with is whether to form a limited liability company taxed as a partnership (LLC) or a corporation making an S election (S corp).* …
Business Trademarks: What’s Really in a Name?
If you’re thinking of starting a business (or already have a business in the works), make sure that the name you use is not already taken. Original names are essential for three reasons: marketing power, clarity, and trademark infringement avoidance. For example, if you’ve decided to open a coffee shop, it’s fairly easy to determine that the name “Starbucks” is …
5 Things Every New Mother Needs to Know About Wills
As a new mother, you naturally want to ensure your new baby’s future in every way. For many new mothers, infancy is a time for celebrating new life, and making a will is the last thing on their minds. For others, the process of bringing new life into the world sparks intense feelings of wanting control and needing organization. Regardless …
Ask Cari: What Licenses/Permits are Required at the New York State and Federal Levels to Import and Wholesale Wine?
New York requires the “Federal Wholesaler’s Permit” and “Federal Importer’s Permit” in order to be a wholesaler or importer. These two distinctions are obtained via the Federal “Basic Permit,” guided under the Alcohol and Tobacco Tax and Trade Bureau (“TTB”). There is no separate application for New York State. On the Federal level, the TTB requires the “Basic Permit”, which …
Ask Cari: What Does “At Will Employment” Mean?
The term “at will employment” may be interpreted many ways by a lay person, but it is actually a legal term meaning that either party (employer or employee) may terminate employment at any time without notice for any reason (with limited exceptions), unless there is a contract stating otherwise. However, a contract may modify that by wording such as “I …
Illinois Family Law: Termination of Parental Rights
A parent very rarely completely loses parental rights altogether; however, it does happen. The court has to find that the parent is unfit to terminate parental rights. 750 ILCS 50/1. Instances where parental rights were terminated include the following examples (case citations are provided): People v. Ferrell, Ill.App.3d 1110 (4th 2002)-Mother’s parental rights terminated where mother had chronic schizophrenia that …
3 Tips for Overwhelmed Executors
While it is an honor to be named as an executor of a will or estate, it can also be a sobering and daunting responsibility. Being an executor (sometimes called a personal representative) requires a high level of organization, foresight, and attention to detail to meet responsibilities and ensure that all beneficiaries receive the assets to which they are entitled. …
Ag Law Today Podcast: Grazing Leases (Episode 1)
I’m very excited to announce that I have my very own podcast! It’s called “Ag Law Today” and coordinated and published with the help of Purdue University Extension Education. Its website is here– and you can watch the podcast feed here. Tiffany Dowell Lashmet from Texas A & M University Extension Education is my guest for the premier podcast – …
New York Employment Law: Sick Days in New York City
In New York State, there is no requirement for employers to provide sick day benefits to employees (either paid or unpaid). However, Section 195.5 of the New York Labor Law states: “Every employer shall notify his employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours.” If an employer does not …