You can download my substantive outline discussing a few of the major contractual issues that affect production agriculture on my JD Supra page here. The outline discusses a myriad of contracts issues including: agriculture production contracts, purchase agreements (for land, livestock and farm equipment), leases (for land, livestock and farm equipment), special contracts (e.g., custom feeding arrangements, embryo transfer contracts, …
How to Make a Freedom of Information Act Request – Part 5
This is Part 5 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 5: Pay Fees There is no initial fee to file a FOIA request; however, federal agencies are allowed to request “reasonable standard charges for document search, duplication, …
How to Make a Freedom of Information Act Request – Part 4
This is Part 4 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 4: Wait for Government Response Federal governmental agencies are required to respond to FOIA requests within twenty business days, excluding weekends and holidays, beginning from receipt of …
How to Make a Freedom of Information Act Request- Part 3
This is Part 3 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 3: Draft and Mail Your Written FOIA Request Letter You cannot make a FOIA request to a federal agency over the telephone. All FOIA requests must be …
How to Make a Freedom of Information Act Request – Part 1
This is Part 1 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 1: Decide If It Is Necessary To File a FOIA Request Not all agency records require a written FOIA request. In 1996, Congress passed the Electronic Freedom of Information …
New and Improved Kindle Version Available for NY Food and Agriculture Law Book
A new and improved, more user-friendly Kindle version of the “Field Manual: Legal Guide for New York Farmers and Food Entrepreneurs” is available on Amazon.com here for $9.99. If you purchase the hard-copy of the book, the Kindle version is only an additional $2.99 – a cheap way to make sure that the “Field Manual” is always with you… and your Kindle/iPad/Tablet.
Partnership Agreements for Farmers, Agri-businesses and Food Entrepreneurs
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 …
Choice of Business Entities Blog Series: The Cooperative
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question …
Choice of Business Entities Blog Series: The Limited Liability Company
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question may …
Some Thoughts on Operating Agreements for Limited Liability Companies
If you have decided to form a Limited Liability Company (“LLC”) or Family Limited Liability Company (“FLLC”), you should strongly consider creating an Operating Agreement. In New York, the Operating Agreement must be executed within 90 days of forming your LLC. Farms and food entrepreneurs are discouraged from using an online form as the Operating Agreement should be tailored to …
Contract Management for the Food or Agri-Business
I have been working on a contract management spreadsheet for a agri-business client of mine over the last month or so. I think this is a healthy exercise for all food and agri-businesses, no matter the size. It’s a nice way to understand who the company has contracts with, including Non-Disclosure/ Confidentiality Agreements with (potential) customers or employees/independent contractors. When …