Agriculture

Taft attorneys have a deep history representing agriculture and farming companies. Our team offers a wide range of services, including:

• Banking and Finance.
• Business Restructuring and Bankruptcy.
• Business Succession.
• Corporate and General Counsel Services.
• Employee Benefits and Executive Compensation.
• Energy.
• Environmental.
• Estate Planning.
• Intellectual Property.
• Labor and Employment.
• Litigation.
• Mergers and Acquisitions.
• Real Estate.
• Tax.

Our agribusiness representations have provided our attorneys with exposure in numerous areas of farming operations, including, but not limited to, issues pertaining to the financing, buying, and selling of feed, livestock and farm equipment, environmental matters, crop-related and agriculture machinery patent work, mergers and acquisitions, nuisance claims, farm lease negotiations, property line disputes, land development, and renewable energy and liquid fuel issues. We also assist manufacturers of agricultural equipment and chemicals, as well as seed suppliers, regarding intellectual property, labeling, advertising, pricing, distribution, and other matters.

Taft also has experience representing agricultural lenders, which gives us a unique perspective in advising farming clients on how the lender and suppliers work with the farming entity borrower.

• Represented a family-owned business in the sale of its premium branded and custom chicken product operations. The sale involved multiple production plants and a business with nearly 1,700 team members and 350 family farm partners with annual sales of approximately $400 million.
• Advised multiple financial service providers in connection with their collective loan portfolio related to dairy farms in Ohio and Indiana.
• Represented poultry processing companies in connection with various bankruptcy and commercial litigation matters.
• Assisted in setting up farm LLCs owned by revocable trusts to be properly formed as a business for farming operations.
• Represented one of the largest egg producers in the U.S. with facilities throughout the Midwest on multiple acquisitions of other egg farms.
• Counsel to a popcorn manufacturer in several M&A transactions, all involving large numbers of corn grower contracts and grain supply/manufacture operations.
• Represented a cheese and dairy processing company and one of the largest private companies in the state of Minnesota in the sale to one of Canada’s largest dairy cooperatives.
•  Advised a global provider of food, ingredients, agricultural solutions, and industrial products in a transaction involving the sale of a substantial portion of the company’s pork business.
• Represented multiple large sugar cane growers, refineries, and distributors in California, Louisiana, New York, and Baltimore in connection with employee benefit and executive compensation matters.
• Advised an animal feeding operation (CAFO) in a matter regarding manure lagoon and other related issues.
• Represented a group of farmers with environmental issues that stemmed from the maintenance of their levee.
• Represented an energy client in the acquisitions of biodigesters throughout the U.S. involving farming operations.
• Advised clients in carbon capture and sequestration matters involving farmland and transactions between farmers and CO2 companies.
• Represented farmers on intellectual property and branding issues in conversions from conventional crops to direct-to-consumer agricultural products, including organics and other specialty products.
• Handle the patent portfolio work for a large manufacturer of agricultural, construction, and forestry machinery, diesel engines, drivetrains used in heavy equipment, and lawn care equipment.
• Handled legal opinion work, including clearance, non-infringement, and invalidity opinions for a large manufacturer of agricultural, construction, and forestry machinery, diesel engines, drivetrains used in heavy equipment, and lawn care equipment.
• Assist with pricing and dealer issues for a large manufacturer of agricultural, construction, and forestry machinery, diesel engines, drivetrains used in heavy equipment, and lawn care equipment.
• Revise the distribution and supply agreements used by a premier worldwide manufacturer of dairy equipment and chemicals, successfully bringing new concepts to the business.
• Advise a multinational seed supplier on pricing and dealer issues.
• Represent an exporter of feed additives in trade secret litigation.
• Advise a skid steer manufacturer and related implement supplier on pricing and dealer matters.
• Provided a large manufacturer of microbial insecticides, nematicides, and plant growth regulators that are used in agricultural production with guidance on various pesticide laws, research on issues related to plants that are not approved to be genetically modified, labeling of various food products, patent work, freedom to operate analyses and other intellectual property related challenges.
• Counseled several grain elevators on employment matters, including an EEOC complaint and workers’ compensation matters.
• Represented two Ohio alpaca farms in multi-million-dollar litigation against a large feed manufacturer who produced and adulterated feed.
• Represented companies in various litigation matters ranging from poultry processing companies and large grain farmers to bovine insemination businesses and others.
• Represented farmers with large holdings in negotiating farm leases, estate planning, and conversion to development land.
• Assisted clients with property line disputes, partition actions, eminent domain, and 1031 exchanges.
• Represented farming clients on state and local tax exemption issues.