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
- MDEQ 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 MDEQ 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
- No Need to Drone On: A Quick Overview of the New FAA Rules
- Help Drone Pilots Stay on the FAA's Nice List this Holiday Season
- FAA’s Takedown Orders Don’t Fly: Do You Need to Take Down Your Drone Videos?
- FAA Releases Proposed Rules for Drones
- Legal Issues and Drones
- Why Can't I Plant My Own Seeds?
- Damage Caused by Boarded Horses -- Who Pays for It?
- How to Hire an Equine Lawyer
- Bankruptcy Court Denies Creditors Request for Relief from Automatic Stay to Arbitrate its Claims and Progress Setoff and Recoupment Rights
- IRC §108 – Income from Discharge of Indebtedness
Publications & Alerts
- USDA to Reopen CFAP2: Additional $6 Billion in Aid, March 31, 2021
- Farm Bankruptcy Reorganizations for Agribusinesses, Foster Swift Agricultural Law News, December 1, 2020
- When it Comes to Land Contracts, One is the Loneliest Number, Foster Swift Agricultural Law News, October 27, 2020
- How Do Recent Michigan Supreme Court and MDHHS Orders Regarding COVID-19 Impact Employers?, Foster Swift Legal Update E-blast, October 6, 2020
- Judge Upholds MDHHS Order Requiring COVID-19 Testing of Migrant Workers, Foster Swift Agricultural Law News, September 28, 2020
- USDA Announces CFAP 2: $14 Billion in Direct Payments to Producers, Foster Swift Agricultural Law News E-blast, September 25, 2020
Events
- Case Studies: Lessons We Can Learn from Two Contentious Agricultural Liability Lawsuits, International Risk Management Institute (IRMI) Agribusiness Conference - “Agri Con”, May 17, 2021
- Equine Waivers Signed On Behalf Of Minors, 35th Annual National Conference on Equine Law, April 28, 2021
- Adjusting Loose Livestock Claims and Application of Fence Law, Agricultural Claims Conference, April 20, 2021
- Liability Waivers/Releases – and – Avoiding Disputes with Insurers, United Professional Horsemen’s Association, April 6, 2021
- Risk Management: Insights & Tips on Avoiding Liability from a Lawyer, Cornell Cooperative Extension – Madison County, March 25, 2021
- Risk Management, Compliance and Agribusinesses, Michigan Agri-Business Association (MABA): Virtual Winter Conference, January 12, 2021
- Equine Activity Liability Laws: What Horse Owners, Associations, and Equine Professionals Need to Know, EquitanaUSA National eQuestrian Celebration, September 4, 2020
News
- 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
- Gismondi Shares What New Michigan No-Fault Laws Mean For Employees, Michigan Business Network, June 9, 2020
- Fershtman Published in ABA-TIPS Law Journal, February 12, 2020
- Collins and Smith Named to SBM Ag Law Council, Foster Swift Agricultural Law News, October 4, 2019