Agri-Business

Complex is the single word that describes today's farming operations. Farmers and vendors supporting the agricultural business need legal counsel that understand the business of farming as well as the laws that impact it. There are three advantages Foster Swift offers our agri-related clients:

• Experience. Our attorneys serve as counsel for all sizes and types of farm and agricultural related organizations including the largest general farm association and the principal commodity marketing cooperatives in Michigan. Additionally, with 100-plus attorneys we have immediate access to subject matter experts on virtually any area of business law or litigation.
• Stability. The majority of our farm clients have been with us for decades as we stay abreast of the changing needs of their operation and assist them in proactively addressing their legal challenges.
• Commitment. Many of our attorneys and staff grew up in the agricultural industry and are personally invested in the advancement of this business.

Foster Swift agri-business attorneys assist clients with:

• Entity selection, formation and organization planning
• Mergers and acquisitions
• Federal and state tax planning
• Construction and real estate issues
• Federal and state marketing
• Trade practices and antitrust
• Securities regulation
• Succession and exit planning
  • Management succession
  • Family limited partnerships
  • Gift programs
  • Recapitalization
  • Buy-sell agreements
  • Profit sharing/pension planning
  • Business valuation
  • Private Annuities
  • Stock bonus plans
  • Installment sales
  • Gift/Sale transactions
  • Salary Continuation Agreement
  • Employee stock ownership plans (ESOPs)
  • Self canceling installment notes (SCINs)
  • Sales to intentionally defective grantor trusts (IDGTs)
  • Grantor retained annuity trusts (GRATs)
  • Deferred Compensation
  • Estate Planning

Representative Experience

• Assisted an agricultural cooperative in connection with the financing of a food processing facility
• Obtained regulatory approvals and assisted in obtaining fundraising for major plant expansion for a cooperative
• Gained a Security of Approval for a Large Agricultural Entity
• Successfully Defended Crop Insurance Agency against Rebating Claims by the U.S. Department of Agriculture
• Assisted in transfer of ownership of Michigan sugar beet processing operation from foreign to farmer ownership
• Negotiated long term contracts with customers to aid dairy cooperative with capacity management and marketing
• Formed Michigan Turkey Producers Cooperative
• Formed national marketing agency for the tart cherry industry

Publications & Alerts

• Hidden Risks In Land Contracts, Foster Swift Agricultural Law Update, January 2012
• Hydraulic Fracturing In Oil And Gas Development, Foster Swift Agricultural Law Update, January 2012
• I-9 Compliance & E-Verify – A Potentially Usefull Tool, But Not A Substitute For A Comprehensive Compliance Policy, Foster Swift Agricultural Law Update, January 2012
• Managing Risk In Contracts, Foster Swift Agricultural Law Update, January 2012
• Most Favored Nations Clauses In Wind Farm Contracts, Foster Swift Agricultural Law Update, January 2012
• The Significance Of The Primary Term On Oil And Gas Leases, Foster Swift Agricultural Law Update, January 2012

For more, click here

News

• Julie I. Fershtman Speaks at National Insurance Conference, April 5, 2011

Events

• Estate and Succession Planning for Family-Owned Agri-Businesses, Michigan Cattlemen's Association, January 21, 2012