I make no secret on this blog that I believe farmers and ranchers should make sure to get contracts in writing, including farm or ranch leases. I want to stress that this is just as important for a family farm where the Landlord and Tenant may be family members. Even if the Landlord and Tenant are different entities (with the …
Completed NY Child Custody & Visitation Mediation Training
This weekend I completed New York child custody and visitation mediation training in Queens at Community Mediation Services, Inc. It was a complementary training to my divorce mediation training this winter with the New York Peace Institute. I am continually impressed by the quality of the education at our Community Dispute Resolution Centers (“CDRC”) in the state of New York. …
5 State Approaches for Using Animal Societies to Enforce Animal Cruelty Statutes
As I have noted in this blog on several occasions, duly incorporated animal societies in the State of New York have the authority to search and seize livestock. This article does a nice job illustrating the five state law approaches with using animal societies to enforce livestock animal cruelty laws. Ordinary Rights The majority of states have this approach. In …
Debrief From Skype Convo About Being an Agriculture Attorney
Wow. Cannot believe how fast May is passing. Time flies when you are having fun. I had a pleasant conversation with some lovely ladies earlier this month who wish to have a career in agriculture law. Here were a couple of the questions. 1. How did you get started? I started my law practice by moving to New York City …
“Contested” vs. “Uncontested” Divorces – So What Exactly is the Difference?
In New York, a contested divorce is one where the parties do not agree on whether or not to get divorced, on what the grounds for divorce will be, and/or on all or some of the ancillary issues to the divorce including but not limited to durational/rehabilitative spousal maintenance, child support, and equitable distribution. All or some of the issues stated …
An Overview of State Laws Prohibiting Undercover Video Surveillance
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 …
Missed the Local Food CLE? Don’t Worry, You Can Get the Recording
Last Thursday I moderated a fantastic local food law CLE (i.e., “Continuing Legal Education”). The faculty worked hard putting together substantive materials for the attendees including relevant ancillary materials (such as this, this, and this). If you missed the live webinar, you can purchase the CLE from the American Bar Association’s (“ABA”) webstore here. Though the CLE was directed to …
Licenses, Degrees, and Professional Practices/Businesses in NY Divorce Actions
New York uniquely classifies a spouse’s enhanced earning capacity (a professional degree or license) or professional practice or business as an asset for equitable distribution purposes. In order for enhanced earning capacity or interest in a business or professional practice to be considered during equitable distribution, it must be “marital property.” For example, a license or degree is marital property …
Animal Law Mediation
I was recently asked whether I handle animal law mediation. And the answer is, “why yes I do.” I am a previous member of the New York State Bar Association Committee on Animals in the Law, New Jersey State Bar Association Committee on Animal Law, and the New York Lawyers’ Association Committee on Animal Law. I have also had …
Overview of Equitable Distribution in New York
New York courts in a matrimonial action uses the term “equitable distribution” to describe how the assets will be divided between the two spouses. The term “equitable distribution” refers the equitable (not necessarily equal) distribution of marital assets upon a divorce. (When I tell my clients that the court divides things “equitably” not not necessarily “equally” I get a …
Debrief from Skype Conversation About Being an Ag Lawyer
I had the opportunity to speak to a great crew via Skype last Friday about being an agriculture lawyer. It’s casual “open mic” style so we talked about whatever the participants wanted to talk about. I have been getting a lot of these types of inquiries lately from folks in many different stages of life/career. I want to note a …