I will be speaking at the Texas Bar CLE Agriculture Law Conference on May 23-24, 2013 at Texas Tech University, School of Law on drafting embryo transfer contracts for livestock producers. I will also (very briefly) touch on artificial insemination, ultrasound, suggested sales terms from livestock breed associations, cloning, and a few other cutting edge topics affecting the seedstock livestock …
Pace Law School: Survey to Food and Agriculture Law
Exciting news! I will be teaching a 1 credit summer course at Pace Law School, my alum, that will give a cursory overview of the laws regulating the U.S. food and agriculture system. The class will touch on the various practice areas affecting production agriculture and food entrepreneurs including farm programs, disaster assistance, environmental law, financing, right-to-farm, employment/labor law, livestock …
Picking the Right Management for Your Limited Liability Company
So you’ve decided to form a limited liability company — congrats on your new business venture. After filing the Articles of Organization with the Department of State and complying with any publication requirement, the next step is to draft the LLC’s operating agreement. In doing so, you must decide whether you want your limited liability company to be member-managed or …
New York Sanitation Requirements for Direct Marketing of Food Products
New York State Department of Agriculture & Markets (“NYSDAM”) has sanitation requirements for the direct marketing of food products. Pursuant to Article 17, NYSDAM regulates the food sanitary conditions of “retail food stores.” Said “retail food stores” do not include roadside stands, on-farm outlets, and farmers’ markets. Even though farmers participating in these methods are still subject to inspection, if …
Confidentiality Agreements for Your Farm or Agri-Business
I recently wrote an article on confidentiality agreements for the agriculture community. It can be found on my JD Supra page here. I understand that Non-Disclosure Agreements (“NDA’s”) lack the “excitement factor” but a misappropriate of confidential information can have deleterious effects on a farm or agri-business. I encourage my readers to gain a cursory understanding in confidentiality agreements and …
How to Get LinkedIn– Social Media Guide for Beef Producers
With efforts spearheaded by Jena Swanson, the National Cattlemen’s Beef Association’s (“NCBA”) Young Producer’s Council (“YPC”) has authored another social media guide for young beef producers concentrating on LinkedIn. Other authors of the guide include myself, Jesse Bussard, Brandi Buzzard and Katy Starr. This particular guide can be helpful for folks in other segments in the agriculture industry as well …
Local Food Law CLE at Pace Law School Rescheduled for Spring
The Continuing Legal Education (“CLE”) seminar at Pace Law School giving a “Survey of Local Food Law” in New York has been rescheduled for Wednesday, March 13, 2013. It was originally scheduled for October 29th — the day Hurricane Sandy decided to pay a visit to the East Coast. I hope that you will plan to attend the adjourned spring …
Difference Between Owning Property at Death as Tenancy in Common or Joint Tenancy with Rights of Survivorship
I’ve enjoyed reading this book by Neil Harl on farm and estate planning. Harl does a nice job illustrating the difference in holding property at death in Tenancy in Common vs. Joint Tenancy (with rights of survivorship). Harl explains (page 22), “[a]t death of a tenant in common, that individual’s undivided interest passes to that individual’s heirs under state law …
Grow NYC Report on Greenmarket Farmers: “Farmers on the Edge”
Last month, I had an opportunity to visit with someone at Grow NYC (who runs Greenmarket), who shared this report with me (funded by the Doris Duke Charitable Foundation): “Farmers on the Edge: An Assessment of Greenmarket Farmers’ Needs, and the Growing Challenges of Keeping Their Farms Viable.” I finally had an opportunity to review the report in detail. It …
Registration Form Available for Local Food Law Seminar at Pace Law School
The registration form is available for the Continuing Legal Education (“CLE”) Seminar at Pace Law School in White Plains, New York on Monday, October 29th on a survey of local food law. It is open to the public and the general admission is only $15. There will be approximately 20 minutes or so of Q & A so come ready …
Online Business Plan Course for NY Farms
I hope my readers had a fantastic Labor Day. I was beachside getting some R & R. Cornell Small Farms Program‘s Northeast Beginning Farmers Project will be offering an online course title “Planning for Sustainability – Writing Your Business Plan” where participants will hear from farmers, business management educators, and bankers about business plans. The course begins on October 4th and …
My Path Becoming an Agriculture Lawyer in New York City
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 …