“Umbrella insurance” is a special additional coverage for liability not covered by your existing policies. The name “umbrella” improperly infers that umbrella insurance adds coverage in the “holes” of existing insurance policies; instead, umbrella insurance should be viewed as a “top hat.” It essentially raises your already existing limits and existing coverage. For example, if you have a $1 million …
Overview of Common Types of Insurance for Farms and Food Entrepreneurs
There are many different kinds of insurance that farms, agri-business and food entrepreneurs should consider. The most common types of insurance for food and agriculture operations are as follows: 1. Farmers Comprehensive Personal Liability (“FCPL”) Policy (a/k/a farmowner’s insurance): Most farms use a farmowner’s insurance policy to cover the ordinary risks of a farming operation. This type of policy normally …
Overview of Copyrights
Copyright is a form of intellectual property protection provided to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. Any expression, however, once written down in unique form, qualifies for copyright protection. Copyright protection comes into being as soon as an expression is recorded in some manner (in …
Questions about Being an Ag Lawyer
I was recently interviewed by a student writing a paper about agriculture careers. Here are a few of my responses to his questions. What interest did you have in agriculture that made you want to be an agriculture lawyer? When did that interest start? Did you always plan to be were you are now or did you expect something …
My Outline on “Ag Gag” Law & Pending Legislation
My presentation on “Ag Gag” Law with the New York State Bar Association’s (“NYSBA”) Committee on Animals and the Law was postponed due to a snowstorm (I did enjoy sledding though). Please stay tuned for the date and time. I have posted my outline giving a general overview of current and pending legislation on my JD Supra page here.
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 …
Presenting on “Ag Gag” at the New York State Bar Association Annual Meeting
I will be talking about “ag gag” laws next month at the New York State Bar Association (“NYSBA”) Committee on Animals and the Law (“CAL”) on January 28, 2015 at 1pm. I have been charged with the the responsibility of speaking from the perspective of the livestock producer. I will be giving an overview of “ag gag” laws and pending …
Some Terms for Bull Leases
For those of you interested in a written bull lease, consider these terms: Term: The term of the breeding season should be listed (e.g., March 1 to June 30, July 1 to September 1). Number of Bulls: Note the number of bulls leased from the lessor plus any other bulls leased from other cattlemen during the breeding season. Payment: The …
A Few Important Farm Lease Terms
For those of you who are thinking about your farm lease, here are a few terms to consider: Parties: Ensure that all intended parties to the lease are named and adequately identified by the inclusion of their addresses or other unique identifying information. Purpose: It is recommended that farm leases note the purpose of the lease (e.g., corn production). Property …
Excellence in Agriculture Law Award
I had a great time at the American Agriculture Law Association (“AALA”) Annual Meeting two weeks ago in Albuquerque,New Mexico. I moderated a roundtable aimed at helping food and agriculture attorneys in solo and small firm settings run a successful (and profitable) law practice. I also really enjoyed several of the sessions throughout the conference, especially the session on food …
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.
Why Your Farm Estate Plan Should be Revisited Every Few Years
It is prudent to revisit your estate plan every 3-5 years or when there is a major life event (e.g., marriage, divorce, purchase/sale of major assets, bankruptcy, children). Estate planning leads to business planning, which leads to tax planning, which leads to business succession, which should lead to disaster planning, which may lead to federal farm program planning, which should …