I had the opportunity to speak on “Ag Gag” Legislation this past week before the New York State Bar Association’s Committee on Animals and the Law. My presentation focused on procedures for farms to help prevent a problem with undercover surveillance from employees. You can view my presentation below and my handout giving an overview of the laws here. [slideshare id=46222274&doc=aggag-150324092612-conversion-gate01]
Common Equine Contracts: What They Are, Pitfalls to Avoid, and Ideas for Effective Drafting
I will be moderating this upcoming CLE for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division’s Agriculture Law Committee on December 9th on Common Equine Contracts. I’m super excited to have equine law attorneys Julie Fershtman, Thomas Nicholl, and Avery Chapman on board to present on this very useful topic. We will be discussing the following …
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 …
Hobby Farm Rules
Those who are just beginning a farm operation or food business, those who work off-farm or those who are slowly withdrawing from farming would do well to familiarize themselves with the Internal Revenue Code § 183, “Activities Not Engaged in for Profit,” occasionally referred to as “The Horse Shelter” or “Hobby Loss Rules.” IRC § 183 is designed to prevent …
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 …
Overview of Farm Leases
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.
Choice of Business Entity Blog Series: The Corporation
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 …
Choice of Business Entities Blog Series: The Limited Partnership
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 General Partnership
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 Entity Blog Series: The Sole Proprietorship
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 …
Overview of New York Local Food Law
I recently wrote this article giving an overview of local food law in New York. It gives an overview of the myriad of legal issues affecting farmers and food entrepreneurs involved in the local food movement including direct farm marketing, cottage food operation law, and a checklist of other legal issues such food safety, contract law, land use and zoning, insurance …
Upcoming Agriculture Law CLE on 1031 Exchanges
As I noted in this post, I will be moderating a Continuing Legal Education (“CLE”) webinar on May 29th at 2pm ET for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division (“GP Solo”) Agriculture Law Committee on 1031 Exchanges. (Whew- that’s a mouthful). Members of the American Agriculture Law Association (“AALA”) can attended at the ABA …