Publications for Agri-Business

A general understanding of the litigation process can help relieve some of that anxiety. This article is a general outline of the litigation process in case you find yourself in a situation where you have been sued or you need to sue someone else.

Is it time for your first meeting with an estate planning attorney? We understand that the initial meeting with an estate planning attorney can be a stressful event.

A record-setting wet spring, fluctuating commodity prices, tariffs, and rising input costs are just a few of the pressing challenges for farmers and ag-related businesses. While the federal and state governments are being supportive of Michigan farmers as they face during this difficult time, providing disaster relief, crop insurance flexibility and loan programs, the reality is that many farms and agribusinesses are facing money troubles beyond the relief offered by these programs.

Estate planning is done to avoid family disputes, but despite the best of intentions, disputes happen when money is at stake.

Thanks to increased urbanization, livestock facilities and agribusiness operations are closer than ever to highways and population centers, heightening the risk of accidents.  It is important to understand liabilities under Michigan law if livestock or farm animals escape.

The Federal Motor Carrier Safety Administration (FMCSA) could require you to follow certain regulations as to your hours-of-service, including the Electronic Logging Device (ELD) rule.

Drones have quickly become popular and their use has rapidly expanded throughout the U.S.

Looking to enhance business productivity and performance? This article addresses the best practices involved in holding great meetings.

Tractors, trucks and other vehicles used by the farmers working their fields must, like all vehicles traveling on public roads, be registered and have some form of identification. 

Following fierce debate, extensive negotiations, and votes - then re-votes - in Congress, on December 20, 2017, the U.S. Senate and U.S. House of Representatives approved the Tax Cuts and Jobs Act (“Tax Reform”), and sent a final bill to President Trump for his signature.

We have written about the significant increase in the usage of drones for both recreational and commercial purposes.

As of noon on February 10, 2017 spring weight restrictions are in effect and enforced on Michigan roads. The spring weight restrictions protect the roads as the ground begins to thaw and the surface of our roads becomes unstable.

Information technology is becoming increasingly important for agribusinesses looking to improve productivity, efficiency and effectiveness. From monitoring crops, to managing workforces, agribusinesses are adopting technological solutions to gather, analyze and use information to make decisions and optimize performance.

As a general matter, the Fair Labor Standards Act requires that an employer pay an employee the federal minimum wage plus one-and-a-half times the employee’s standard pay rate for time worked over 40 hours in a work week. The Act also creates an “agricultural exemption” from this general rule.  

Public Act 317 was designed to control the spread of infectious diseases of livestock and animals in Michigan.

The Agricultural Guestworker Act, a bill to provide American farmers with a revised temporary guestworker program, was introduced into the House of Representatives in late April.

Featuring several remarks from her presentation at the National Conference on Equine Law, Fershtman discusses the topic of recoverability of attorney fees in equine litigation.

The term "Ag Exemption" is frequently used, yet because there are actually three separate and distinct types of tax-related "Ag Exemptions," they are often combined or confused in discussion.

Effective March 14, 2013, the FMCSA adopted a rule that expands an hours-of-service (HOS) exemption that has been in effect since 1995 for farm-related operations during the planting and harvesting season.

The United States Bankruptcy Court for the Western District of Michigan entered an order approving the sale of substantially all of the assets of Stamp Farms to Boersen Farms, Inc.

On January 4, 2013, the U.S. Food and Drug Administration announced its proposal of new food safety rules. The public may submit online or written comments on the proposed rules by May 16, 2013.

I-9 enforcement is not primarily concerned with locating illegal workers with the goal of deporting them. Instead, I-9 enforcement is heavily focused on Form I-9 itself, and the employer’s strict accuracy in completing the form and complying with related regulations in assembling its workforce.

The Michigan Legislature in late December passed clean corporate citizenship legislation which was signed by Lt. Governor Calley in early January for execution.

Planning for the future of your ag business is critical. Advanced planning allows the family to transfer management and ownership how they want and to address legal, tax, and family relationship issues sooner rather than being forced to react after the death of a family member.

In order to qualify for the agricultural use tax exemption, an entity claiming the exemption must satisfy two requirements. Read about the requirements here.

The last few years have witnessed significant increases in workforce audits and raids by U.S. Immigration and Customs Enforcement ("ICE") at all levels. Therefore, while proper I-9 compliance has always been important, it has never been more essential.

From commodity prices to the weather, uncertainty is a fact of life in agriculture. There is one essential factor for long term success, however, that a family farm can control – careful estate and succession planning.

Imagine the shock of returning to your farm from out of town only to learn that your prize bull became ill and died soon after you left.

Succession planning is the process of formally transitioning management and ownership of an agricultural business from one generation to the next.

The Michigan Department of Agriculture & Rural Development authorized a referendum to establish a Michigan Wheat Program, to be conducted June 20, 2011 through July 1, 2011.

Under the H-2A program, agricultural employers who anticipate a shortage of domestic workers can petition the U.S. Citizenship and Immigration Service to bring foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

Michigan Governor Rick Snyder has proposed a replacement for the largely unpopular and complex Michigan Business Tax.