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The Food Safety Modernization Act
Comprising the largest rewrite of U.S. food safety regulations in more than 70 years, the Food Safety Modernization Act (FSMA), which was signed into law on Jan. 4, 2011, has broad implications for almost all constituents involved in the food and feed industry. See Food Safety Modernization Act Public Law III – 353, 124 Stat. 3885, Jan. 4, 2011; 21 U.S.C. 301 et seq. The significant impact of the law was anticipated by food growers, producers, manufacturers, importers, carriers, distributors and retailers, but FSMA's effect on equipment lessors and other secured lenders requires some consideration and analysis.
At the recent ELFA Legal Forum, a passing mention of FSMA by panelists at the Legal Update Session likely came as no surprise to lawyers practicing in the agriculture sector, but it definitely raised curiosity among leasing lawyers who don't routinely represent clients involved in the food and feed supply chain. A high-level review of FSMA, however, quickly reveals just how seriously the law impacts most companies directly and indirectly that are involved in this large segment of the U.S. economy, including equipment manufacturers, lessors and lenders.
Background
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?