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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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.