Category Archives: Legal Education

Bachelor moves on to private practice

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Evin Bachelor at OSU Farm Science Review

Mentoring is a rewarding part of my position with OSU, but it is often a bittersweet experience to see young people come and go.  Such is the case with our law fellow Evin Bachelor, whom I’ve had the privilege of mentoring for the past two years.  Evin left the Farm Office on September 30 to pursue private practice.

While I’m happy to send Evin off to serve farmers with his brilliant legal mind, I’m sad to see him go.  I will miss his passion, his cleverness, his analytical gifts, and his hearty laugh.  But it’s been a joy to help Evin evolve from a law student curious about agricultural law to an attorney prepared to impact the world of agricultural law.  He has deftly exceeded every challenge I’ve given him.

One of those challenges was to co-author a set of law bulletins on legal documents used in farm financing arrangements, his final project.  The Financing the Farm law bulletin series, which specifically targets new and beginning farmers, is now available.  The series includes explanations of mortgages, promissory notes, installment contracts, leasing arrangements and secured transactions, and how they’re used in farm financing.  Access the law bulletins in the Financing the Farm series here.

Evin will be practicing law with our good friends at Wright & Moore Law Co. LPA in Delaware, Ohio.  He’s an excellent addition to an already outstanding agricultural law firm.  You’ll continue to see his work on the Farm Office, however, as I’ll be contracting with Evin on a few more finance and farm transition projects in the next year.  The mentorship and Evin’s time at OSU is over, but the relationship will continue.  A bittersweet ending, to be sure.

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Live from Farm Science Review, it’s the ag law team!

FSR19 Ag Law A

Somehow it’s mid-September already, and that can only mean one thing: it’s time for Farm Science Review!  We’re excited to get back out to the Molly Caren Agricultural Center to talk with farmers about our latest publications and answer their questions.

Check out the schedule above for the talks we will be giving on solar leasing, hemp law, and food regulations.  If you can’t make one of the presentations, or want to learn more about other topics on agricultural law, visit us at our booth in the Firebaugh Building, which is located at 384 Friday Avenue.

We will have free copies of our most popular law bulletins available, including:

  • Do’s and Don’ts of Dealing with Trespassers on the Farm
  • Ohio’s Line Fence Law: Frequently Asked Questions
  • Creating an Enforceable Farmland Lease
  • A Checklist of Farmland Lease Provisions
  • Ohio’s Recreational User Statute: Limiting Liability for Hunters, Snowmobilers, and More
  • Ohio’s Noxious Weed Laws
  • And many more!

We will also be bringing along some of our new law bulletins, including:

  • Legal or Not? Growing Industrial Hemp in Ohio
  • The Farmland Owner’s Solar Leasing Checklist
  • Laws that Provide Defenses for Agricultural Production Activities
  • Youth Labor on the Farm: Laws Farmers Need to Know

For more information about Farm Science Review, including directions, tickets, and a list of events and exhibitors, visit http://fsr.osu.edu.  We’ll see you there!

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Filed under Legal Education, Webinars and Events

National Ag Law Center to host Agricultural and Environmental Law Conference

Written by Evin Bachelor, Law Fellow, OSU Extension Agricultural & Resource Law Program

As fans of Elvis and good barbeque, we can’t help but be excited that the National Agricultural Law Center (NALC) is hosting its sixth annual Mid-South Agricultural and Environmental Law Conference soon in Memphis, Tennessee.  Most exciting, however, is that the conference will provide timely legal information for attorneys, lenders, accountants, tax professionals, students and others with a passion for agriculture.  The NALC is the nation’s leading source of agricultural and food law research and information, and we are honored to partner with NALC on a number of research projects and outreach efforts.

The 2019 conference will be on Friday, June 7th in downtown Memphis at the University of Memphis School of Law.  You won’t want to miss the welcome reception on Thursday, June 6th at The Rendezvous Restaurant, which is well known for its Memphis-style BBQ.  The schedule on Friday is packed with a diverse mix of speakers and topics that is intended to encourage dialog about the range of legal issues facing agriculture today.

Here’s a sneak peek at the sessions:

  • Keynote address by the USDA’s General Counsel Stephen Vaden
  • Agricultural Labor and Immigration: Do’s and Don’ts–Brandon Davis of Phelps Dunbar LLP
  • Updates from the senior attorneys from the U.S. House and Senate Ag Committees
  • Law and Lending in a Down Farm Economy: Recent Trends and Outlooks with Greg Cole of AgHeritage Farm Credit Services and Michael O’Neal of GreenStone Farm Credit Services
  • Navigating Environmental Law Issues for Attorneys, Lenders, and Landowners–Jim L. Noles, Jr., Partner, Barze Taylor Noles Lowther, LLC
  • The Ethics of Succession Planning for Lawyers–Shannon Ferrell, Oklahoma State University
  • Understanding Ag Bankruptcy–Stephen L. Gershner, Davidson Law Firm

In addition to the presentations, there will be time for discussion with conference attendees during the welcome reception on Thursday and a lunch and networking session on Friday.  For law practitioners, the conference has been approved for CLE credit in some states and NALC will assist with obtaining CLE credit in other states.  The American Society of Farm Managers and Rural Appraisers has also approved the program for 7 hours of CE credit.

Register by May 14 and receive access to a two-hour bonus online program that will feature a one hour session on Divorce on the Farm with attorney Cari Rincker and agricultural and environmental law updates from around the country by Elizabeth Rumley of NALC, Ross Pifer of the Center for Agricultural & Shale Law at Penn State Law, Stephanie Showalter Otts of the National Sea Grant Law Center and our own Peggy Kirk Hall of the Agricultural & Resource Law Program at The Ohio State University.

For more information about the conference and to register, visit the NALC’s website HERE.

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Ohio law students excel at American Agricultural Law Association Conference

Evin and Devon AALA 2017

The American Agricultural Law Association held its national conference last week in Louisville, Kentucky, and two Ohio law students from OSU Moritz College of Law and Capital University Law School took top honors in the student competitions.  Evin Bachelor and  Devon Alexander joined forces with U. of Houston law student Sara Luther and finished first in the Student Quiz Bowl competition.  The Quiz Bowl requires law students to correctly answer questions about law, agriculture and agricultural law.

Bachelor also entered and took first place in the Student Research Poster Competition with his research project titled “Ohio: The Midwestern Ag Mediation Holdout.” Bachelor discussed the potential for Ohio to become one of the last midwestern states to engage in USDA’s Agricultural Mediation Program.  Bachelor is a third year law student at OSU’s Moritz College of Law and Alexander is a second year law student at Capital University Law School.  Both hope to work in the agricultural law arena after law school.

OSU was able to send the students to the conference due to the generous support of the Paul L. Wright Endowment in Agricultural Law at OSU.

For more information about the American Agricultural Law Association, visit https://www.aglaw-assn.org/.

 

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Webinar will Help Attorneys Guide Clients through the New Farm Bill

Attorney Bill Bridgforth will present OSU’s next webinar on “The 2014 Farm Bill:  Guiding a Client through the New Law” on Friday, January 9 at 1 pm EST.  Bridgforth is a senior partner in the Arkansas law firm of Ramsay, Bridgforth, Robinson & Raley, LLP who represents agricultural producers around the United States.  He will explain the election decisions producers and landowners must make under the new Farm Bill and will provide examples of decision making impacts.

There is no registration or fee required for the webinar, which is accessible at https://carmenconnect.osu.edu.  A recording of the webinar and a listing of additional webinars is available at aglaw.osu.edu.

The Ohio Food, Agriculture & Environmental Law Webinar Series is an outreach project of OSU Extension’s Agricultural & Resource Law Program.

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GMO Webinar Kicks Off New Agricultural & Food Law Consortium

Ohio State University Extension’s Agricultural and Resource Law Program is excited to announce a new partnership with a group of universities creating a new Agricultural and Food Law Consortium. To read this post, go to our new blog site at aglaw.osu.edu/blog.

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Should your Agricultural Business Consider a Non-Disclosure Agreement?

 Catharine Daniels,  Attorney, OSU Extension Agricultural and Resource Law Program

Attorneys across Ohio recently came together for the 2013 Ohio Agricultural Law Symposium to learn about current legal issues for Ohio farmers and agribusinesses.  In a session about protecting the farm and agribusiness,  Cari Rincker, a food and agricultural law attorney in New York City, discussed why farm and agribusinesses might consider using a Non-Disclosure Agreement (NDA) to safeguard confidential business information.

An NDA is not typically a tool that a farm or agribusiness would think of using in a business transaction.  According to Rincker,  however, NDAs are underutilized in the food and agriculture industry.  Many farms and agribusinesses develop their own ideas, concepts, know-how, trade secrets, intellectual property, business plans or financial information.  Preventing other parties from disclosing these types of information can be important to the long-term health and viability of the farm or agribusiness.

Rincker highlighted two common situations for using an NDA.  One is when a farm or agribusiness is entering into business discussions with another party; confidential information could be disclosed during the course of these discussions.  For example, if a farmer approached a website developer about his or her proposed online agribusiness, that farmer may wish to have an NDA with the website developer to keep the business plan confidential.   The second situation concerns employees or independent contractors.  An NDA  binds employees and contractors to  confidentiality about private information they acquire from working for the business.  An agribusiness may want a bookkeeper to maintain confidentiality about business finances, for example.

What’s in a Non-Disclosure Agreement?  According to Rincker,  an NDA  should address at least these questions:

  1. Who will be exchanging confidential information?
  2. What is the purpose of the exchange of confidential information?
  3. What type of information will be considered “confidential” for purposes of protection under the NDA?
  4. How can the confidential information be used and who can use it?
  5. How will the secrecy of the confidential information be maintained?
  6. How long will the confidentiality of the information be maintained?
  7. What are the consequences of a breach or misuse of the confidential information?

Maintenance of confidential information should not be taken lightly, states Rincker.  If your farm or agribusiness could be harmed by the disclosure of private information, talk with your attorney about an NDA.  For more information on NDAs, visit the Rincker Law website and blog at http://rinckerlaw.com/blog/.

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