Contracts are an essential component of effective business management and development. Savvy business owners recognize the value of contracts but often explore ways to reduce the cost of obtaining them. In some instances, business owners attempt to create their own contracts by using templates available online. However, creating your own contract is fraught with risks. What you do not know …
More and more, transactions between small businesses and their customers, vendors, and service providers occur online rather than on paper. Yet some feel uneasy about the enforceability of these electronically-signed documents. Is an electronic signature as valid as a conventional handwritten signature? Under state and federal law, e-signatures are recognized as valid and enforceable: Most states have adopted the Uniform …
Save the dates for several upcoming agriculture law webinars at Lawline in Lower Manhattan. I will be giving live presentations for those of you around New York City. The recordings can be viewed afterwards. Each are 1 hour presentations worth 1 Continuing Legal Education (“CLE”) credit in New York (CLE credits available in other states) Survey of Legal Issues Affecting …
Farmers, agri-businesses and food entrepreneurs are highly encouraged to put the terms of an agreement in writing. Simple partnership agreements are also recommended for agreements to share ownership in one livestock animal, such as a bull, ram, boar, or show animal. Partnership agreements serve several purposes. First, absent a partnership agreement, the New York “default rules” will apply. Second, when …
I’m speaking tonight at the American Farmland Trust Legal Workshop on farm leases in Westchester County. I posted an updated outline on farm leases here on my JD Supra page. Whether you are a landlord or a tenant, I highly suggest working with a licensed attorney in your state to memorialize the terms of a written farm lease.
In case you missed my webinar on farm leases, you can review my outline on my JD Supra page here. It provides some helpful information that I was not able to talk about during the CLE last week with the National Agricultural Law Center (“NALC”). You may request a recording by reaching out to NALC directly. Hope it is a …
Although most CSA’s do not have a written contract, I highly suggest that farms have a simple CSA Agreement signed by the subscribers. Not only does it help secure payment terms, but the CSA Agreement should mitigate potential liability in the case of a food safety issue arising from the mishandling or misuse of the food product. It doesn’t have …
Last month, I spoke to a group of Texas 4-H kids at a Texas A & M University via Skype about my work as an agriculture lawyer in New York City. I was asked to share a bit about my path and how I become an agriculture lawyer in the Big Apple. Here was my response: I grew up on …
For the second year in a row, I have been appointed as the Chair of the American Bar Association’s (“ABA”) General Practice, Solo & Small Firm Division’s Agriculture Law Committee for the 2012-2013 year. It has been an exciting first year getting the Committee up and going again with two fantastic Continuing Legal Education (“CLE”) webinars on crop/livestock insurance and …
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 …
Because of my work on the Rule 1:40-12 Roster of Civil, General Equity and Probate Action Mediators in New Jersey (and recent mediation training in New York), I was reviewing the New Jersey Uniform Mediation Act this week. I wanted to stress something to my readers that may or may not be clear: (almost) everything that happens during mediation is …
Dear Fellow Agriculture Attorneys (and Law Students): This is a friendly reminder to register for the crop and livestock/equine insurance law CLE that is scheduled for Wednesday, January 25, 2012. The CLE is hosted by the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division’s Agriculture Law Committee. If you cannot attend the live webinar, a recording can …