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HTMLInterest Rates: How to Impose Rates Higher than the Statutory Rate
David Brown; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 26, 2013, previously published on March 19, 2013
As counsel for commercial creditors of all kinds, I often see invoices that read, “1.5% finance charge per month after 30 days.” This translates to a high, but rather common interest rate of 18% per annum. Unfortunately, unless the interest rate was set forth and agreed to in an...


HTMLFDA Public Comment Sessions: Engaging the Industry
Bradley A. McKinney, Kimberly J. Walker; Faegre Baker Daniels;
Legal Alert/Article
March 21, 2013, previously published on March 20, 2013
The U.S. Food and Drug Administration (FDA) recently concluded the second of three public meetings being held to solicit public comment on two Proposed Rules released by the agency in early January.


HTMLPrelude to a Mandatory Food Recall - and Suspension of Registration?
Hyman Phelps McNamara P.C.;
Legal Alert/Article
March 11, 2013, previously published on March 5, 2013
The Notification of Opportunity to Initiate a Voluntary Recall that FDA recently issued to a pet treat manufacturer gives a good indication of the type of evidence and circumstances that can prompt the agency to exercise its new mandatory recall authority. Before mandating a recall under FDCA...


Adobe PDFLien and Mean: These Obscure Liens Will Affect Secured Lenders
Capehart Scatchard P.A.;
Legal Alert/Article
March 8, 2013, previously published on February 2013
Any good secured lender knows to watch out for existing real estate liens, mechanic’s liens, and even good old-fashioned federal tax liens. However, lurking in the shadows are liens of which you may have never heard or never really understood. Allow this to be a checklist and primer on...


Adobe PDFBIA Issues Final Regulations Governing Residental, Business, and Wind and Solar Resource Leasing on Indian Lands
Modrall Sperling Roehl Harris Sisk P.A.;
Legal Alert/Article
March 8, 2013, previously published on Winter 2013
The Revised Rule: On November 27, 2012, the Bureau of Indian Affairs issued the long-awaited and substantially revised regulations addressing non-agricultural surface leasing of Indian land under the Indian Long Term Leasing Act.


HTMLBankruptcy Court Approves Sale of Stamp Farms Assets to Boersen Farms
Laura J. Genovich; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
February 19, 2013, previously published on February 2013
Following an expedited auction process, the United States Bankruptcy Court for the Western District of Michigan entered an order on February 8, 2013, approving the sale of substantially all of the assets of Stamp Farms to Boersen Farms, Inc. As many Michigan farmers are aware, Stamp Farms (and...


HTMLApplications for Michigan AG Exporter of the Year Due March 12, 2013
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
February 19, 2013, previously published on February 2013
The Michigan Department of Agriculture and Rural Development (MDARD) is accepting applications until March 12, 2013, with the top exporter receiving recognition at an event to be announced at a later date. To be eligible for the award, a company's products must be over 50 percent grown, processed...


HTMLFarm Service Agency Guaranteed Loans: Simple Steps to Improve Performance
Bruce Wallace; Nexsen Pruet, LLC;
Legal Alert/Article
February 15, 2013, previously published on February 12, 2013
Associations that participate in the Farm Service Agency’s Guaranteed Loan Program understand how beneficial it can be. But, you might not recognize that through a few simple steps, you can improve your loan performance under the Program.


HTMLCalifornia Court of Appeal Recognizes That Wide Discretion Granted to a Board of Directors Under the Business Judgment Rule May Be Tempered By a Corporation's Private Contractual Obligations to Its Shareholders/Members
Alejandro E. Moreno, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 15, 2013, previously published on February 14, 2013
In Scheenstra v. California Dairies, Inc., No. F062768, --- Cal. Rptr. 3d ---, 2013 WL 363148 (Cal. App. 5th Dist. Jan. 30, 2013), the California Court of Appeal, Fifth District, affirmed the judgment of the California Superior Court, Tulare County, that the board of directors of defendant...


Adobe PDFCurrent and Prospective Amendments to the Fisheries Act RSC 1985, c F-14
Scott R. Harcus; Alexander Holburn Beaudin + Lang LLP;
Legal Alert/Article
February 8, 2013, previously published on February 5, 2013
The Fisheries Act (Canada) is undergoing changes that will have an impact on the regulation of Canada’s fish habitats and waterways. An initial set of amendments came into force on July 18, 2012. A second set of amendments will come into force at a yet to be set date. The initial amendments...


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