Because of the scale and diversity of agriculture in Michigan, many different and complicated legal issues arise day-to-day. Farmers and agribusiness people need help from attorneys that understand the business of Michigan agriculture as well as the laws that apply to the industry. Foster Swift has been privileged to serve the Michigan agriculture community for years, and we bring our experience and industry commitment to our representation.
Meet the Foster Swift Agricultural Law Team
Experience. Foster Swift attorneys serve as counsel for all sizes and types of farm and agricultural organizations including the largest general farm association and the principal commodity marketing cooperatives in Michigan. We understand the special considerations that are needed when dealing with family business issues. Plus, as a full-service law firm with nearly 100 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. Our clients and friends receive our Agricultural Law Update, an agriculture-specific newsletter we frequently publish containing information about changes in the law, important judicial decisions, and events that are of interest to farmers and agribusiness people. Please click here if you would like to receive the Agricultural Law Update.
Commitment. Many of our attorneys and staff grew up in the agricultural industry and are personally invested in the advancement of agriculture. We enjoy giving back to the agriculture community we serve. Foster Swift is a proud sponsor of the Michigan FFA Foundation, a repeat buyer at the Ingham County Fair auction and Michigan Livestock Expo Sale-abration, and a sponsor of many conferences and events related to agriculture in our state. In summer 2012, our attorneys helped create the new Agricultural Law Section of the State Bar of Michigan and our attorneys have held leadership roles in that organization since its formation.
LEGAL SERVICES
Many of Michigan’s most established farmers and ag-related organizations retain Foster Swift attorneys to assist with:
Business and Organization Planning
- Buy-sell agreements
- Entity selection and formation
- Federal and state farm rebate programs
- Federal and state marketing
- Intellectual Property
- Lease agreements
- Mergers and acquisitions
- Management succession
Construction
- Contracts
- Liens
- Bonds
- Claims & Arbitration
Energy
- Methane Digesters
- Solar Energy
- Wind Turbines/Farms
Environmental Matters
- Manure management
- EGLE compliance
- Water runoff
- Wetlands regulations
Equine Law
Estate Planning
- Estate tax planning
- Gift transactions
- Preserving the family farm
- Succession planning
Insurance
- Coverage disputes
- Liability defense
International Business & Trade
- Acquisitions
- Distributor agreements
- Exporting
- Importing
- Joint ventures
- Licensing agreements
Labor and Employment
- Deferred compensation
- Employment policy handbooks
- Employee stock ownership plans (ESOPs)
- Immigration
- OSHA and MIOSHA
- Profit sharing/pension planning
Litigation & Regulatory
- Contract & business disputes
- FDA, EPA and EGLE violations
- Liability defense
- Mediation services
- Right to Farm
Real Estate and Construction Matters
- Farm land preservation
- Land purchases
- Master plans, site, construction and expansion issues
- Oil and gas leases
- Zoning and land use
Tax
- Federal and state tax planning
- P.A. 116
- Property tax appeals
Transportation Law
REPRESENTATIVE CLIENTS
- Agricultural cooperatives
- Agricultural machinery dealers
- Beef, dairy, hog, poultry & cash crop farms
- Chemical & fertilizer manufacturers & suppliers
- Family farms
- Fruit & vegetable producers
- Grain elevators
- Insurance companies
- Michigan agricultural trade associations
- Specialty farms & product manufacturers
REPRESENTATIVE experience
- Represented a livestock insurer in securing dismissal of a coverage lawsuit in the U.S. District Court for the Northern District of Illinois.
- Defended horse owners in a lawsuit brought by their injured horse trainer by securing dismissal through a motion for summary judgment.
- Defended equestrian lesson training facility in a lawsuit brought by injured visitor by securing dismissal through a motion for summary judgment
- Successfully represented horse owners in business, contract and defamation dispute, including a nine-day trial
Recent Blog Posts
- Review Your Liability Insurance on Insurance Awareness Day
- Latest Word on “Dangerous Land” Under State Equine Activity Liability Acts
- How Equine Professionals Can Avoid Payment Disputes and Handle Them Legally if They Occur
- Equine Event Liabilities – Plan Ahead
- Equine Health Maintenance Programs at the Boarding Stable – What’s Best?
- The Seller’s Contract Includes an “As Is” Disclaimer – Now What?
- IRC §108 – Income from Discharge of Indebtedness
- Damage Caused by Boarded Horses -- Who Pays for It?
- Bankruptcy Court Denies Creditors Request for Relief from Automatic Stay to Arbitrate its Claims and Progress Setoff and Recoupment Rights
- No Need to Drone On: A Quick Overview of the New FAA Rules
Publications & Alerts
- Senate Passes Extension of 2018 Farm Bill, Foster Swift Agricultural Law News E-blast, November 16, 2023
- Michigan EGLE Issues CAFO Consent Order, Foster Swift Agricultural Law News, October 3, 2023
- Michigan Appeals Court Rules Invalid New Environmental Regulations, Foster Swift Agricultural Law News, September 5, 2023
- 2023 Legal and Regulatory Developments for Agribusinesses, Foster Swift Agricultural Law News, August 30, 2023
- How to Handle Bankruptcy Amid Record Levels of Debt in the Farm Industry, Foster Swift Finance Real Estate & Bankruptcy Law News, November 17, 2022
- Final Rule Issued on H-2A Visa Regulations, Foster Swift Agricultural Law News, November 9, 2022
Events
- When Your Insureds Host Events On or Off Their Property - Specialized Risk Management, IRMI AgriCon Central Conference, September 11, 2024
- Liabilities When Horses or Livestock are Injured in the Care of Your Insureds, IRMI AgriCon Central Conference, September 10, 2024
- Disputes Involving Equine Leases and Avoiding Them, National Conference on Equine Law, May 1, 2024
- Hosting Events Off-Premises: Risk Management and Coverage Issues, IRMI Emmett J. Vaughan Agribusiness Conference, March 13, 2024
- Liabilities When Horses or Livestock are in the Care of Insureds, IRMI Emmett J Vaughan Agribusiness Conference, March 12, 2024
- Enforceability of Liability Waivers/Releases in Sporting, Recreational, Farm, and “Agri-tainment” Activities, Agricultural Claims Association, February 21, 2024
- Livestock Mortality Insurance and Coverage Issues, Agricultural Claims Association, February 20, 2024
News
- New Video Series Discusses Legal Issues for the Michigan Farmer, Foster Swift Agricultural Law News, October 6, 2022
- Fershtman Elected Vice-President of the Michigan State Bar Foundation, Michigan State Bar Foundation, September 15, 2022
- Insurance Awareness Day: Foster Swift Highlights Importance of Reviewing Your Coverages, Yahoo! News, June 28, 2022
- Tjapkes Joins Grand Rapids Office of Foster Swift, January 26, 2021
- Foster Swift Elects Six Shareholders in 2021, January 13, 2021
- Resource Published to Help Organizations Link to Trending Legal Issues, Foster Swift Business & Tax Law News, November 17, 2020
- SBA Will Issue Questionnaires to Borrowers of $2 Million or More in PPP Loans, Foster Swift Legal Update E-blast, October 30, 2020
Media
Legal Strategies for the Michigan Farmer Video Series
- Entity Selection, 9/27/2022
- The Corporate Transparency Act and You, 10/11/22
- The Value-Add Component of Auctions, 10/18/22