The U.S. Department of Agriculture offers a variety of direct subsidies
and tax incentives to landowners that are aimed at preserving natural
resources. In many cases, and irrespective of the size of your parcel,
these programs are worth taking the time to investigate. You may find a
win-win scenario in which you benefit the environment as well as your
bottom line. Some of these programs include the Environmental Quality
Incentives Program (EQIP), the Wetland Reserve Program (WRP), the
Conservation Reserve Program (CRP), the Wildlife Habitat Incentive
Program (WHIP) and the Alabama Agricultural and Conservation
Development Commission Program (AACDCP).
While these programs are no doubt geared to benefit anyone who
qualifies, the right program is often overlooked or misunderstood
without a careful study. For example, consider a scenario in which you
own property that abuts a waterway or wetland area and your family has
no intention of selling it in the foreseeable future. You may have a
financial incentive to participate in the Wetland Reserve Program
(WRP). The Alabama Forestry Commission summarized the WRP program as
follows:
Continue reading "Cost-Sharing Programs for Landowners: What are you Missing?" »
Over the past couple of months, some of my business clients have gotten
their first taste of legal disputes and the legal process—either
through threatening to sue another business or individual, being
threatened with a lawsuit, filing a lawsuit, or getting sued. These
legal imbroglios are never pleasant experiences for a business. My
clients often joke that I must love it when they get into these
situations, because it often results in an increase in their monthly
legal bills. I can assure you, however, that I do not enjoy these
situations any more than they do. In my opinion, it is almost always
the case that parties to a dispute can, if acting reasonably, negotiate
a better, more mutually satisfactory, and less costly (i.e., legal
fees, court costs, lost time, etc.) outcome than a court. Good
lawyering should help in this settlement process.
Continue reading "Filing a Lawsuit? Being Sued? Your Company Is Not Alone." »
It is one of those necessary but scary things that I believe I need to do as a corporate lawyer- read securities lawsuits and cases. When it comes to securities litigation, the fight can sometimes be as terrible as the result. As was widely reported in the press, Regions has recently been hit with a securities lawsuit. Reading these lawsuits is always frightening for lawyers because it is the hindsight that comes into play. Regardless of whether these lawsuits are with or without merit, the plaintiff’s and the plaintiff’s attorney have the benefit of 20/20 hindsight. So, with trepidation, I wallowed through the complaint.
Continue reading "Regions Financial Hit with Subprime Lawsuit" »
I would like to thank the Birmingham Venture Club for posting a recent article that was written by Russell and myself. The focus of the article is on the importance of contracts in your day to day process. The article can be found here. I have also included the article in full below:
Continue reading "Crossing Your T’s and Dotting Your I’s" »
The ongoing lawsuit over the validity of Jefferson County’s
occupational license tax is headed to mediation. Circuit Judge David
Rains ordered the mediation and has appointed John Carroll, dean of the
Cumberland School of Law, as the mediator. The attorney for the
plaintiffs in this case, Sam Hill, told the Birmingham News earlier
this month that “[w]e’ve said all along that this need to go to
mediation.” (See "Jefferson County Occupational Tax Case Heads to Mediation").
To my knowledge, Jefferson County’s attorneys have not spoken publicly
about the mediation. I have to believe that Jefferson County’s
attorneys have positive feelings as well about mediation.
Continue reading "Jefferson County Occupational Tax Case Goes to Mediation" »
We are pleased at Red Mountain Law to have the opportunity to blog about Borat. It came as no surprise to me that on January 19 the Alabama Supreme Court sided with Borat star Sasha Cohen and said etiquette teacher Kathie Martin could not sue Cohen or the companies that produced the movie in Alabama because she signed an agreement stating only courts in New York could hear disputes that arose from her appearance. In recent history our supreme court has become known for its strict interpretation of contracts.
Continue reading "“Borat” Survives Alabama Supreme Court" »
I guess every demographic gets its day before the U.S. Supreme Court, and dadgummit, on January 15, 2007, I got mine. Granted, third party securities advisors is a narrow class, and the ACLU does not get too passionate in defending my rights, but as a lawyer who advises companies on securities matters, the Stoneridge Investment Partners v. Scientifc Atlanta case was a welcome headline: “US Supreme Court refuses to extend liability to third party advisers.”
Continue reading "United States Supreme Court Benefits Me" »