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HTMLA Systematic Plan for Debt Collection by Agribusinesses
Scott A. Chernich, Patricia Joan Scott; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
February 10, 2016, previously published on January 29, 2016
There is nothing quite like a big sale to a new customer - the prospect of recurring revenue from a new source, the validation of business strategy, or the culmination of a successful negotiation.

 

HTMLEmployee or Independent Contractor?
Deanna Swisher; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
February 10, 2016, previously published on January 29, 2016
If you have someone work for you, then you, the employer, need to determine whether you have hired an “independent contractor” or an “employee.” “Classification” is the term employment lawyers use to sort out whether the worker is an employee or an independent...

 

HTMLPlanning Around Section 179
Michael C. Zahrt; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
January 7, 2016, previously published on November 30, 2015
In its usual fashion, Congress has not yet continued the increased $500,000 deduction amount under Section 179 for 2015. In July, the Senate Finance Committee approved a bill that would extend the higher Section 179 levels, bonus depreciation, and other tax incentives (commonly referred to as...

 

HTMLAssignments Of PACA Claims: New Opportunities For Unpaid Produce Sellers, Credit Insurance Companies, Claims Purchasers & Others
Jonathan S. Bodner; Ruskin Moscou Faltischek, P.C.;
Legal Alert/Article
November 17, 2015, previously published on November 15, 2015
The Perishable Agricultural Commodities Act (“PACA”) is an invaluable tool for produce sellers to ensure repayment for goods sold and delivered. Traditionally, it has been used by sellers of produce to recover against purchasers for unpaid goods inside and outside of bankruptcy...

 

HTMLLarge USDA Loan Awarded to North Dakota Electric Coop
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 19, 2015, previously published on August 18, 2015
The U.S. Department of Agriculture (USDA) has approved a $46 million loan to Central Power Electric Cooperative (CPEC). The loan will help finance over 50 miles of new power lines and several substations. CPEC serves over 50,000 customers in 25 North Dakota counties.

 

HTMLWashington Enacts Tax Legislation that Addresses Critical Infrastructure and Agricultural Issues
David H. Godenswager, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
August 7, 2015, previously published on July 30, 2015
The federal government has struggled for years to pass measures that could help address the nation’s infrastructure problems. Similarly, lawmakers in many states are at odds with each other over the best way to address crumbling roads and bridges. The situation has become increasingly...

 

HTMLSenate Approps Advances Another Bill
McDonald Hopkins LLC;
Legal Alert/Article
July 29, 2015, previously published on July 17, 2015
On Thursday, the Senate Appropriations Committee approved a $20.5 billion Agricultural bill. This is the 11th of 12 spending bills that has moved forward out of committee in the Senate.

 

HTMLMichigan Department of Environmental Quality Announces Change to CAFO Permits Which Restricts Use of Manure Received from CAFOs
Charles E. Barbieri, Zachary W. Behler; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
July 28, 2015, previously published on July 17, 2015
The Michigan Department of Environmental Quality (DEQ) regulates how, when and where Concentrated Animal Feeding Operations (CAFOs) may spread manure. The permitting process authorized under the federal Clean Water Act, and administered by the DEQ, is intended to ensure that large farms avoid...

 

HTMLContract Considerations for Farm Data
Michael C. Zahrt; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
July 28, 2015, previously published on July 17, 2015
The emergence of “precision agriculture” offers farmers the opportunity to be more efficient (and more profitable) in their day-to-day operations. Autosteering technology helps farmers reduce planting and tillage overlap. Farm management software collects a wide variety of data produced...

 

HTMLSixth Circuit Holds Cucumber Harvesters Were Employees, Not Independent Contractors
Liza Catherine Moore; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
July 28, 2015, previously published on July 17, 2015
On June 22, 2015, the Sixth Circuit Court of Appeals affirmed a judgment from the Western District of Michigan that a farm had violated provisions in the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act. Perez v. D. Howes, LLC, 2015 U.S. App. LEXIS 10476 (6th...

 


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