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HTMLCalifornia 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;
Legal Alert/Article
February 15, 2013, previously published on February 14, 2013
In 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...

 

Adobe PDFCurrent and Prospective Amendments to the Fisheries Act RSC 1985, c F-14
Scott R. Harcus; Alexander Holburn Beaudin + Lang LLP;
Legal Alert/Article
February 8, 2013, previously published on February 5, 2013
The 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...

 

HTMLReform of Commercial Agreements in the Agricultural and Food Supply Chain in Italy
Andrea Zulli; Norton Rose Canada LLP;
Legal Alert/Article
February 6, 2013, previously published on February 2013
The Monti government introduced a number of significant legislative reforms over the last year.

 

HTMLVeggin’ 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;
Legal Alert/Article
February 1, 2013, previously published on January 31, 2013
On 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....

 

HTMLHeightened Pleading Standards for Affirmative Defenses
Gregory L. Arbogast; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
January 28, 2013, previously published on January 2013
In 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...

 

HTMLStriking an Effective Balance between the Resources, Agriculture and Urban Development Sectors in Queensland
Amelia Gaulton, Robert Milbourne; Norton Rose Canada LLP;
Legal Alert/Article
January 28, 2013, previously published on January 2013
Changes to the strategic cropping land regime look set to deliver much needed clarification to the use of strategically important land in Queensland.

 

HTMLYour Ag Business Needs A Succession Plan
Todd W. Hoppe, Ryan E. Lamb, David VanderHaagen; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
January 28, 2013, previously published on January 2013
Planning 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...

 

HTMLFederal 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;
Legal Alert/Article
January 12, 2013, previously published on January 9, 2013
Following 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....

 

HTMLUnited States District Court Enters Judgment against Environmental Group, and in favor of Poultry Farm
Wayne Heavener; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
December 27, 2012, previously published on December 2012
In 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,...

 

HTMLDecision in Arkansas Fish & Game v. United States Good for Property Rights Advocates
Amy Brigham Boulris, Terry Cole; Gunster;
Legal Alert/Article
December 27, 2012, previously published on December 19, 2012
Gunster 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...

 


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