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HTMLMending Your Fence: Business Procedures to Protect the Farm and Your Family
William H. Franks, Jeffrey R. Wonacott; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
December 12, 2014, previously published on November 12, 2014
There are a variety of reasons that you may choose or have chosen to operate your farming business through a legal entity (generally a corporation or limited liability company (LLC)). One of the most important benefits from operating your business through a legal entity is the limited liability...


HTMLUse a Trust and an LLC to Plan Ahead for the Family Farm
Christine H. DeMarea; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 11, 2014
Many farm clients falsely believe that because they have a trust they do not need to establish a limited liability company (“LLC”). This is simply not true. The purpose for using an LLC is very different than using a trust. In practice, a family farm should have both.


HTMLSubstantive Review of NOP Appeals and the Resolution of Appeals
Gene Summerlin; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 25, 2014
In our last post, we discussed the procedural requirements necessary to pursue an appeal of an adverse action taken by the NOP, a State organic program, or an organic certification agency.


HTMLCo-Packing: An Alternate Route to the Organic Marketplace
Marnie A. Jensen; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 9, 2014
The USDA organic regulations state that the term “organic” can only be used on the label of a product that is produced or handled by a certified operation (again, the usual exceptions apply). Getting this organic certification, though, can be a tedious, costly, and burdensome endeavor...


HTMLAgricultural Cooperative Antitrust Litigation Continues to Mushroom
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on November 3, 2014
Pennsylvania District Court certifies five year ruling for interlocutory appeal, that mushroom cooperative is not immune from antitrust claims based upon “advice of counsel” argument. In Re Mushroom Direct Purchaser Antitrust Litigation, Case No. 2:06-cv-00620, (E.D. Pa. October 17,...


HTMLALJ Bullock Grants Motion To Terminate Investigation In Certain Light Reflectors And Components (337-TA-924)
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 27, 2014, previously published on November 23, 2014
On November 20, 2014, Chief ALJ Charles E. Bullock issued Order No. 12 in Certain Light Reflectors And Components, And Packaging, and Related Advertising Thereof (Inv. No. 337-TA-924).


HTMLHave Passport? (Organic Product) Will Travel
Marnie A. Jensen; Husch Blackwell LLP;
Legal Alert/Article
November 12, 2014, previously published on October 29, 2014
In order to legally sell, label, or represent a product as “organic” in the United States, the product must comply with the USDA National Organic Program regulations (the “NOP”). In practice, this means that the production or handling operation must be certified by an...


HTMLDo You Really Want to Know What’s in Your Food? Connecticut Requires Labeling for Genetically Modified Foods
Eric W. F. Niederer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on March 3, 2014
Connecticut, the first state to pass a law that requires labeling for genetically engineered foods, is being joined by states with similar labeling requirements, but no labeling mandates. Despite the reluctance of some states to enact these labeling regulations, it appears that the trend is moving...


HTMLMinnesota Jury Rules in Favor of Dairy Farmers
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 4, 2014, previously published on October 29, 2014
A jury has awarded the owners of a family farm near Pine River, Minnesota damages based on claims against a local electric cooperative. The family claimed that stray voltage caused issues with its dairy cows.


HTMLBest Practices Agricultural Businesses Should Follow When Creating or Revising an Employee Handbook
Melissa J. Jackson; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
November 2, 2014, previously published on October 15, 2014
An employee handbook is one of the most important tools employers in the agricultural industry have at their disposal to communicate with employees about important workplace issues. It also can serve as an excellent defense to claims. Having a handbook signals to employees that the business regards...


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