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|California Court of Appeal Recognizes That Wide Discretion Granted to a Board of Directors Under the Business Judgment Rule May Be Tempered By a Corporation's Private Contractual Obligations to Its Shareholders/Members|
Alejandro E. Moreno, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
February 15, 2013, previously published on February 14, 2013In Scheenstra v. California Dairies, Inc., No. F062768, --- Cal. Rptr. 3d ---, 2013 WL 363148 (Cal. App. 5th Dist. Jan. 30, 2013), the California Court of Appeal, Fifth District, affirmed the judgment of the California Superior Court, Tulare County, that the board of directors of defendant...
|Current and Prospective Amendments to the Fisheries Act RSC 1985, c F-14|
Scott R. Harcus; Alexander Holburn Beaudin + Lang LLP;
February 8, 2013, previously published on February 5, 2013The Fisheries Act (Canada) is undergoing changes that will have an impact on the regulation of Canada’s fish habitats and waterways. An initial set of amendments came into force on July 18, 2012. A second set of amendments will come into force at a yet to be set date. The initial amendments...
|Reform of Commercial Agreements in the Agricultural and Food Supply Chain in Italy|
Andrea Zulli; Norton Rose Canada LLP;
February 6, 2013, previously published on February 2013The Monti government introduced a number of significant legislative reforms over the last year.
|Veggin’ Out: New FDA Proposed Rule Would Raise Standards for Produce in the United States|
Robert "Rob" E. Browne, Matthew M. Morrissey, William P. Pipal, Diane J. Romza-Kutz; Troutman Sanders LLP;
February 1, 2013, previously published on January 31, 2013On January 16, 2013, the U.S. Food and Drug Administration (the “FDA”) published in the Federal Register a proposed rule designed to put into practice the goals set forth in the Food Safety Modernization Act (the “FSMA”) signed into law by President Obama on January 4, 2011....
|Heightened Pleading Standards for Affirmative Defenses|
Gregory L. Arbogast; Semmes, Bowen & Semmes A Professional Corporation;
January 28, 2013, previously published on January 2013In Hammer v. Peninsula Poultry Equip. Co., Inc., the United States District Court for the District of Maryland struck some unsupported affirmative defenses in one (1) of the two (2) Defendants’ Answers, and permitted both Defendants to amend their Answers. Judge Bennett held that Defendants...
|Striking an Effective Balance between the Resources, Agriculture and Urban Development Sectors in Queensland|
Amelia Gaulton, Robert Milbourne; Norton Rose Canada LLP;
January 28, 2013, previously published on January 2013Changes to the strategic cropping land regime look set to deliver much needed clarification to the use of strategically important land in Queensland.
|Your Ag Business Needs A Succession Plan|
Todd W. Hoppe, Ryan E. Lamb, David VanderHaagen; Foster, Swift, Collins & Smith, P.C.;
January 28, 2013, previously published on January 2013Planning for the future of your ag business is critical. Many owners postpone succession planning and estate planning, thinking they will have plenty of time in the future or that they can "just wait until "X" happens." The problem is that often "Y" happens first and...
|Federal District Court Grants Victory to Farmer and Poultry Integrator After Bench Trial in Clean Water Act Citizen Suit|
David Chung, Kirsten L. Nathanson; Crowell & Moring LLP;
January 12, 2013, previously published on January 9, 2013Following a ten-day bench trial, a federal district court in Maryland found that a plaintiff environmental group failed to show, by a preponderance of the evidence, that a farm's poultry operations discharged pollutants into waters of the United States. The case, Waterkeeper Alliance, Inc. v....
|United States District Court Enters Judgment against Environmental Group, and in favor of Poultry Farm|
Wayne Heavener; Semmes Bowen Semmes A Professional Corporation;
December 27, 2012, previously published on December 2012In Waterkeeper Alliance, Inc. v. Hudson, the United States District Court for the District of Maryland held that a non-profit environmental organization failed to establish liability against poultry farmers for alleged violations of the Clean Water Act (CWA). The plaintiff, Waterkeeper Alliance,...
|Decision in Arkansas Fish & Game v. United States Good for Property Rights Advocates|
Amy Brigham Boulris, Terry Cole; Gunster;
December 27, 2012, previously published on December 19, 2012Gunster wishes to alert its clients and friends of the firm with agricultural interests to a potentially significant decision by the United States Supreme Court this month concerning protection available under the Takings Clause of the U.S. Constitution (“nor shall private property be taken...