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|Debt Forgiveness Opportunities for Farmers Facing Disabilities|
Laura J. Genovich; Foster, Swift, Collins & Smith, P.C.;
March 19, 2015, previously published on December 11, 2014An unexpected disability, whether from injury or illness, presents unique hardships for farmers, whose livelihoods often depend on their ability to undertake manual labor and their capacity to manage a business. A disability can also bring significant financial hardship, as a farmer can lose all...
|Mere Compliance With Privacy Requirements By Corporations may no Longer be Enough|
Antoine Brylowski, Mathieu Courchesne, Sean Griffin; McCarthy Tétrault LLP;
March 4, 2015, previously published on February 25, 2015The Office of the Privacy Commissioner of Canada (‘‘OPC’’) recently published a research paper entitled ‘‘Privacy and Cyber Security: Emphasizing privacy protection in cyber security activities’’ in which are outlined the common interests and tensions...
|New Jersey Supreme Court Restricts Ability to Label Workers as Independent Contractors|
Salvador P. Simao; Ford Harrison LLP;
February 18, 2015, previously published on January 14, 2015Executive Summary: On January 13, 2015, the New Jersey Supreme Court issued a unanimous decision that will likely have a far reaching effect on employers by severely limiting their ability to classify workers as independent contractors. In Hargrove et. al. v. Sleepy's, LLC, the Court held that the...
|U.S. Imposes Sweeping Sanctions on Crimea|
Kara M. Bombach, Sandra K. Jorgensen, Julia Sorrentino; Greenberg Traurig, LLP;
February 16, 2015, previously published on December 22, 2014On Dec. 19, 2014, President Obama signed an Executive Order prohibiting most transactions by U.S. persons with respect to the Crimea Region of Ukraine (Crimea) and blocking the property of certain individuals and entities (together, Crimea Sanctions). Additionally, the Office of Foreign Assets...
|Realizing the Potential to Become the Breadbasket of the World|
Vicky B. McPherson; Greenberg Traurig, LLP;
January 16, 2015, previously published on November 20, 2014The commentary is well-known about the potential for Africa to become the breadbasket for the world amid the wide-spread need for food security. However, despite this widely regarded potential, not very many countries in Africa have addressed the equally well-known challenges to making this more...
|Horses, Hops, and the Hobby Loss Rules|
Timothy M. White; Smith Haughey Rice & Roegge, P.C.;
December 12, 2014, previously published on November 12, 2014If you take a drive through northern Michigan you are likely to come across at least a few horse farms. Increasingly, you may also spy large trellises draped with hops, and it seems as though anyone with more than an acre lot is planting a few grape vines these days. Sometimes, these horse and...
|Mending Your Fence: Business Procedures to Protect the Farm and Your Family|
William H. Franks, Jeffrey R. Wonacott; Smith Haughey Rice & Roegge, P.C.;
December 12, 2014, previously published on November 12, 2014There are a variety of reasons that you may choose or have chosen to operate your farming business through a legal entity (generally a corporation or limited liability company (LLC)). One of the most important benefits from operating your business through a legal entity is the limited liability...
|Co-Packing: An Alternate Route to the Organic Marketplace|
Marnie A. Jensen; Husch Blackwell LLP;
December 8, 2014, previously published on November 9, 2014The USDA organic regulations state that the term “organic” can only be used on the label of a product that is produced or handled by a certified operation (again, the usual exceptions apply). Getting this organic certification, though, can be a tedious, costly, and burdensome endeavor...
|Substantive Review of NOP Appeals and the Resolution of Appeals|
Gene Summerlin; Husch Blackwell LLP;
December 8, 2014, previously published on November 25, 2014In our last post, we discussed the procedural requirements necessary to pursue an appeal of an adverse action taken by the NOP, a State organic program, or an organic certification agency.
|Use a Trust and an LLC to Plan Ahead for the Family Farm|
Christine H. DeMarea; Husch Blackwell LLP;
December 8, 2014, previously published on November 11, 2014Many farm clients falsely believe that because they have a trust they do not need to establish a limited liability company (“LLC”). This is simply not true. The purpose for using an LLC is very different than using a trust. In practice, a family farm should have both.