In many types of business agreements, including agricultural ones, it is important for parties to be able to safeguard information they wish to remain secret. Non-disclosure agreements (“NDAs”) can be helpful in ensuring that information stays between the parties of the agreement. Put simply, there are two types of NDAs: bilateral and unilateral. A bilateral NDA is one where both …
Presentation on Common Agriculture Contacts
[slideshare id=64362431&doc=overviewofcommonagriculturecontracts-7-25-16-160725160412] I will be going through the above presentation for a live webcast this Thursday at 3:30pm ET via Lawline. The recording will be available soon after my presentation via Lawline. You can register for the live webcast here. In this presentation, I will be discussing a few of the major contractual issues that affect production agriculture including agriculture production …
New York Agriculture Liens: Truckman’s Lien
Under Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the truckman or drayman. See NY Lien Law § 187[1]. Possession of the property is required for this lien. Please note that …
New York Agriculture Liens: Lien on Stray Animals
Under NY Town Law § 310, if a person has any strayed horses, cattle, sheep, swine, goats or other livestock animal upon their property which is not adjoined to the livestock owner’s property (in other words, not your immediate neighbor), then that person may have a lien claim against the stray animals. The livestock must have caused property damage and the escape of the …
New York Agriculture Liens: Stableman’s Lien
Under Section 183 of NY Lien Law, any veterinarian who renders treatment to or boards any dog, cat, or other domestic animal or person keeping a livery stable, boarding stable or pasturing animals has a lien over the animal and any equipment kept and stored in conjunction with the animal, such as a “wagon, truck, cart, carriage, vehicle or harness”. Possession of this …
New York Agriculture Liens: Liens for Service of Stallions or Bulls
Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .” However, said lien will not be able to be enforced if the owner falsely states the …
New York Agriculture Lien Law: Landlord’s Lien
A landlord’s lien used to be superior to other creditors’ claims; however, in New York, it does not arise automatically because a landlord-tenant relationship is created. Landlords who want to retain title to the products of the land against the tenant’s other creditors must explicitly include a provision to that effect in the lease. Both the landlord and tenant should memorialize their …
New York Agriculture Liens: Background
The scope of the revised Uniform Commercial Code (“UCC”) Article 9 is newly expanded to cover the perfection, priority, and enforcement of nonpossessory “Agricultural Liens” in the farm products of those borrowers involved in farming operations. The definition of “agricultural liens” is different than the broader and more general category of “secured interest”. UCC Article 9 does not supersede any existing statutory …
Interested in Learning More About Insurance for Farms, Ranches, Agri-Businesses and Food Entrepreneurs?
I moderated a webinar for the American Bar Association’s (“ABA”) General Practice Solo & Small Firm Division’s Agriculture Law Committee on insurance for the farmer, rancher, agri-business or food entrepreneur. The recording is available for purchase here. This is a substantive CLE program covering many types of insurance including, but not limited to, Farmowners’ Comprehensive Liability Program (“FCLP”), commercial insurance, …
Video Lecture on Protecting the Food & Agribusiness with NDA’s, Contract Management and Intellectual Property
I gave a presentation a few weeks ago for Lawline titled “Protecting the Agribusiness: Managing Contracts, Trademarks and Non-Disclosure Agreements.” The video and slideshare presentation are posted below but if you are an attorney I suggest getting Continuing Legal Education credit directly from Lawline by registering here. Lawline Presentation: Protecting the Agribusiness- Managing Contracts, Trademarks and Non-Disclosure Agreements from Cari Rincker
Overview of Business Entities, Liability and Insurance for the Food and Agriculture Producer
[slideshare id=43294080&doc=grownyc-businessentitiesandinsurance-150107134228-conversion-gate02] I spoke last night to GrowNYC Greenmarket Farmers about choice of business entities, liability, and insurance. A copy of my presentation is available above. This presentation gives an overview of business entities (e.g., sole proprietorship, general and limited partnerships, limited liability companies, corporations, cooperatives), trusts and not-for profit corporations for farms and food businesses. It then goes on …
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 …