The agriculture community has faced problems with animal welfare organizations using undercover videos that are sensationalizing alleged acts of animal cruelty on livestock operations. Larger livestock farmers using conventional production practices and concentrated animal feeding operations are at greater risk. Due to the media attention from these undercover videos, several states have developed legislation aimed to proscribe undercover video surveillance …
Internship Programs Under the Fair Labor Standards Act
Summer is around the corner.. and ’tis the season for unpaid interns! I recently came across this helpful factsheet from the U.S. Department of Labor, Wage and Hour Division, on internship programs under the Fair Labor Standards Act (“FLSA”). The factsheet clearly defines the test that is used for determining whether the “trainee” test for interns is satisfied so that …
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 …
Save The Date: Local Food Law CLE
With my work as the Chair of the ABA General Practice, Solo & Small Firm Division’s Agriculture Law Committee, I will be moderating a local food law CLE on May 10, 2012 from 2-4pm. The purpose of this CLE webinar is to give the practitioner the tools necessary to properly counsel various segments of the local food movement. You do …
New Jersey Civil Roster of Mediators
I was recently approved as a R. 1:40 qualified mediator for the New Jersey Superior Court’s Civil, General Equity and Probate Cases and Civil Presumptive Mediation Program. You can find my profile on the Roster here. I believe that mediation is a great alternative to litigation providing an effective means to reach an amicable solution. I am also available for …
Arguments Over Fencelines? Law of Adverse Possession
Sometimes farms and ranches may have fencelines up for generations and then one day a land survey will tell a different story. An article by Jay Girvin in the July 18, 2011 issue of Country Folks reminded me about this potential issue affecting the agriculture community. In these cases, the law of adverse possession applies. This is a common law …
Proposed Rule for Animal Disease Traceability
Last month, the U.S. Department of Agriculture (“USDA”) Animal and Plant Health Inspection Service (“APHIS”) issued the long-awaited proposed rule on Traceability for Livestock Moving Interstate. The new proposed system will replace the National Animal Identification System (“NAIS”) and will be primarily managed at the state level. The USDA is currently seeking comments on the proposed rule for Animal Disease Traceability. …
Evaluating Real Estate Appraisals
Roger F. Tibble, Esq. recently published an excellent article in the ABA GP Solo & Small Firm Division’s Law Trends regarding the value of real estate appraisals. I found this article of particular interest to me because I practice matrimonial law where the Husband and Wife’s appraisals may significantly vary from one another. I don’t envy the job of an …
Next on the Bookshelf: Animal Factory
Animal Factory by David Kirby has been sitting on my Manhattan bookshelf for a few weeks. The weather is so nice in New York City now that I am yearning for some time in Central Park with a book. As the title suggests, the book is about “factory farming” and Concentrated Animal Feeding Operations (“CAFO’s”). As I have noted previously …
Wind Energy Property Agreements
I came across a great article this morning by Jessica Shoemaker from the Farmers’ Legal Action Group, Inc. (“FLAG”) titled “Negotiating Wind Energy Property Agreements.” You can find the article online here. I also co-authored an article on wind leases that you can find here. If you are interested in negotiating a wind lease on your farm or ranch I …
Attending New York Agri-Women Long Island Meet-Up This Wednesday
I will be getting in my jeep and heading out to Suffolk County on Wednesday for the New York Agri-Women Long Island meet-up. The event will be at Laurel Lake Vineyards in Laurel, New York. I will be there to answer questions about New York Agri-Women. We have had a great response so far and I am excited to meet …
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