With offices located in States containing some of the best ranch and farmland in the nation, Dykema has some of the broadest agricultural law experience in the AmLaw 200.^® And our lawyers have agriculture in their genes. Included in our ranks are numerous lawyers who have worked on and operated dairy and livestock farms, raised cattle and whose families have not only spent generations living on ranches and farms, but continue to do so. We know agribusiness lending, farm land development and family farm preservation.

Over the years, Dykema attorneys have provided a myriad of legal services in the field of agribusiness, and the firm’s Agriculture team includes lawyers from a cross-section of the firm’s many practices such as real estate, tax, corporate transactions, litigation, lending and intellectual property.

Our collective experience allows us to represent clients in matters such as:

• Structuring and formation of agribusiness entities, such as closely-held corporations, farm and dairy cooperatives under the Capper-Volstead Act and related laws, limited and general partnerships, among many others.
• Agribusiness lending issues, including the farm subsidies, underwriting, credit analyses, structuring and drafting of loan and security agreements and related documentation as well as loan workouts, foreclosures and exercise of creditors rights to live stock when necessary.
• Labor, employment, migrant labor and worker safety issues, such as farm equipment injuries, OSHA and wage & hour compliance.
• Dairy and livestock issues, including the purchase of sale of livestock and dairy products, advice to dairy cooperatives, and the drafting of embryo transfer agreements.
• Advising clients on laws pertinent to dairy and produce safety, such as the Food Security Act of 1985, and the Perishable Agricultural Commodities Act.
• Negotiation of farming, grazing and hunting leases.
• Real estate development, including the development of rural land into subdivisions and the resulting needs for tax free exchanges and family wealth transfer planning.
• Environmental issues, such as air emissions and wastewater discharge issues, and the representation of farmers, dairy cooperatives and ranchers in environmental litigation.
• Energy matters, including the creation and operation of rural electric cooperatives.
• Litigation arising out of land disputes, water and mineral rights, employment issues, food safety, livestock warranties, electric utilities, environmental issues and any number of other potential disputes that may arise in the agriculture industry.
• Taxation issues, including the representation of landowners in audits and tax appraisal disputes such as those involving ad valorem taxes.

Current or recent representations include:

• Representation of a large agricultural corporation in connection with the purchase of the assets of an insolvent farming corporation.
• Litigation against dairy cattle drug manufacturer arising out of regulatory approval of a dairy cattle prostaglandin product designed to regulate reproduction in large dairy cattle herds.
• Litigation arising out of impact of stray voltage and other electric utility systems on dairy and other farming operations.
• Securing of state tax incentives for agricultural processing company involved in the distribution and sale of fruit and vegetables.
• Structuring, formation and representation of numerous rural electric cooperatives.
• Representation of large farm organization on legal issues arising out of packaging, sale and distribution of vegetables.
• Structuring of agreements for regional hog raising operation.
• Development of programs to inventory, sell and distribute nursery products.
• Representation of farming clients in boundary dispute litigation.
• Representation of banks in connection with farming entities' default on a variety of special purpose loans.
• Providing legal documentation and other representation of bank in connection with coal rights under farmland.
• Representation of foreign investor in acquisition under FIRPTA and related USDA regulations, of active farmland, with livestock.
• Representation of Illinois Finance Authority in a variety of direct and participated loans to farmers, including capital transactions to finance both land and equipment.

For further information about Dykema’s Agriculture team, or to make an appointment with one of our attorneys or other professionals, please contact:
George N. Gilkerson, Jr., Team Leader, 630-577-2828