Tennessee General Assembly Considers Bill

The Tennessee General Assembly is considering Senate Bill 2495 (House Bill 2445) which would authorize the production, sale, possession and research of industrial hemp.  This bill defines "industrial hemp" as the plants and plant parts of the genera cannabis that do not contain a delta-9 tetrahydrocannabinol (THC) concentration more than three tenths of one percent on a dry mass basis, grown from certified seed. This bill requires the department of agriculture to regulate the farming of industrial hemp through a system of licensure and rules. Any person who grows industrial hemp without a license will be subject to prosecution in the same manner as a person who is growing marijuana. This bill specifically excludes industrial hemp from the definitions of illegal cannabis and schedule VI controlled substances. This bill also includes industrial hemp as a farm product under the Right to Farm Act, which means industrial hemp operations will be presumed to not be a nuisance under such Act.

Ray Hansen, content specialist, AgMRC, Iowa State University provided an “industrial hemp profile” which provides a thorough history of industrial hemp, including its production in the United States and an explanation of the differences between industrial hemp and marijuana.  The Profile was updated August 2012 by Malinda Geisler, AgMRC, Iowa State University. 

To view it, click here.

Keep an eye on Senate Bill 2495 (House Bill 2445). 

Riegel v. Wilkerson

This is an easement case in which the Appellant, the servient estate owner, appeals the trial court’s grant of injunctive relief in favor of the Appellee, the dominant estate owner. Specifically, the trial court found that Appellant had interfered with Appellee’s use of the easement by erecting a gate across it. The trial judge ordered the Appellant to remove the gate, and enjoined her from further interference with the Appellee’s use of the easement. Discerning no error, we affirm and remand.

View the full details of the case here.

Immigration Matter

United States Supreme Court declined to hear appeals regarding anti-immigrant laws finding that the issues of immigration are a matter for federal agencies, not local governments, to regulate. Hazleton, Pennsylvania and Farmers Ranch, Texas attempted to enact housing and employment rules directly aimed at people in the country illegally. Such rules included fining landlords who rented to people living in the county illegally, denying businesses permits who gave jobs to persons in the country illegally and requiring prospective tenants to register with City Hall for a rental permit.

SMALL BUSINESS HEALTH CHECK-UP

Every business, regardless of size, occasionally needs a check-up.  The best practice is to annually review your procedures, agreements and business practices to see what works and what needs changing.  Here is a small business health check to help you get started.

SMALL BUSINESS HEALTH CHECK-UP

I. General Information:
A. Name
B. Address
C. Business entity, if any
D. Number of members/shareholders/partners
E. Are the partners related by blood or marriage?

II. Protection Against Liability
A. Are you utilizing a limited liability entity such as an LLC or S-corporation to protect your personal assets?
B. Is the limited liability entity you are using right for your business?
C. Are you holding annual meetings as required by your Bylaws or Operating Agreement and maintaining minutes of those meetings?
D. Are you using separate checking accounts for your business and personal expenses?
E. Are your directors, officers or members protected from liability and indemnified?

III. Employee Relations
A. Have you collected the appropriate information from your employees to ensure their legal status?
B. Do you have an employment handbook with policies to protect and guide you and your employees?
C. Have you filed the required forms for unemployment and payroll withholding?
D. Do you have policies in place to avoid discriminatory employment practices in hiring, firing and employing people?
E. Are you properly classifying people as employees or independent contractors?
F. Do you have well drafted non-compete and non-disclosure agreements?

IV. Lease Agreements
A. Are your office or equipment leases flexible?
B. Do you clearly understand your lease costs?
C. Are the leases automatically renewable?
D. Do you have a deadline to provide notice to avoid an automatic renewal provision, and do you have a system in place to remind you of the deadline?
E. Have you provided ways to void long-term agreements if there is a change in circumstances?

V. Clear Contracts
A. Are your company’s important agreements set forth in carefully drafted written contracts?
B. Do you have a system for keeping track of important obligations and notice requirements under your contracts and agreements?
C. Have you structured your contracts to minimize personal and business exposure to liability when possible?
D. Can the average person understand your contract?
E. Does your company’s agreements contain protection from liability for defective products and services?
F. Do you have protection in your default clauses so you can recover interest, attorney fees and other expenses if you have to make efforts to collect from a customer?

VI. Litigation Prevention
A. Do your contracts require parties to resolve disputes with cost-effective arbitration or mediation provisions?
B. Do your agreements limit the other party’s right to sue you?

VII. Compliance with Laws and Regulations
A. Does your company undergo periodic legal checkups to ensure compliance with the latest laws and regulations?
B. Do you have current permits for all your business operations?
C. Do you know what your company’s environmental obligations are?
D. Is your advertising truthful and not deceptive?
E. As you expand into new states, are you properly registering your business?
F. As you work in other states, are you paying taxes to the proper local, state and federal agencies?

VIII. Internet Business
A. Is your website content protected?
B. Is your use of third party content allowed?
C. Is your domain name protected?
D. Is customers’ information, such as credit card information, secure?

Employee Online Privacy Act of 2014

"In a meeting this morning, the group was discussing the use of Social Media,
including LinkedIn and Facebook, when researching potential customers"

To read the rest of this post learn more about the Employee Online Privacy Act of 2014, click here.