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|Improper Agricultural Manure Usage or Storage May Be Subject to RCRA Liability|
Hubert T. Lee; Morris Polich & Purdy LLP;
April 22, 2015, previously published on March 23, 2015On January 14, 2015, the Eastern District of Washington in Cmty. Ass'n for Restoration of the Env't, Inc. v. Cow Palace, LLC, No. 13-CV-3016-TOR, 2015 WL 199345, at *41 (E.D. Wash. Jan. 14, 2015) ruled that dairy farms were liable under the Resource Conservation and Recovery Act...
|Turning Bytes of Data into a Farming Boon|
John W. Mashni; Foster, Swift, Collins & Smith, P.C.;
April 9, 2015, previously published on March 27, 2015In an industry built around nature, the earth and the environment, it would have been hard to predict - even 20 years ago - the integral role technology would ultimately play in the agriculture industry. The modern farm operation is using satellite- and microchip-driven equipment, high-tech seeds...
|A Guide to Land-Lease Agreements for Farmers and Landowners|
Todd W. Hoppe; Foster, Swift, Collins & Smith, P.C.;
March 20, 2015, previously published on January 27, 2015Farmers have two basic options when it comes to holding land: own it or lease it. Though many farmers prefer to own all of their land, it is rarely possible. Good farmland is often held by families for generations, and is rarely offered for sale. When land is offered for sale, stiff competition...
|Liability Releases for Agritourism Activities - Myths and Realities|
Julie I. Fershtman; Foster, Swift, Collins & Smith, P.C.;
March 19, 2015, previously published on January 27, 2015Owners and operators of farms that offer certain agritourism activities to the public, such as horseback riding and horse-drawn hay or sleigh rides, sometimes assume that liability waivers or releases are off-limits. Many operators fall prey to common myths surrounding these documents. Let’s...
|Executive Women in Agriculture Conference Provided Abundance of Information|
Kim Hafley; Foster Swift Collins Smith P.C.;
March 19, 2015, previously published on January 27, 2015More than 320 women from around the United States attended Top Producer’s 4th Annual Executive Women in Ag Conference, held December 4-5 in Chicago. The agenda was the perfect blend of networking opportunities, trade show and dynamic speakers, providing loads of business, finance and...
|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...
|2014 Farm Bill Opportunities for Young and Beginning Farmers|
Allison M. Collins; Foster, Swift, Collins & Smith, P.C.;
March 19, 2015, previously published on December 11, 2014Only six percent of farm operators nationwide are under 35 years old, and as the age of the average American farmer continues to increase, so does the need for a new generation of farmers to replace retirees and carry forward the agricultural industry. The 2014 Farm Bill recognized the need to...
|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...