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What You May Be Giving Up When You Agree To "Arbitration" In Your Farming Contracts

Although most people are unfamiliar with the arbitration process, it is common for many form contracts to contain "arbitration" clauses. The Texas Supreme Court, [ enhanced version available to lexis.com subscribers ], recently addressed cotton farmers’ challenge to an arbitration clause...

It's Time for Real Property Law to Join the 21st Century

I handle a number real estate transactions each year. It is not uncommon to find an error in the property description located in a deed. Often somewhere in the chain of title, someone made a typo which was then passed on from deed to deed to deed. Attorneys call such mistakes "scrivener's errors...

U.S. High Court Refuses To Review Arbitration Ruling Arising From Crop Damage

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court today rejected a nursery insured’s request to review the 11th Circuit U.S. Court of Appeals' refusal to vacate an arbitration award in favor of insurers in a coverage dispute over the insured's crop damage ( Campbell's Foliage...

Top 10 CAFO Violations

David Letterman has his Top 10 list. Now the Indiana Department of Environment Management (IDEM) has its Top 10 list for Concentrated Animal Feeding Operations (CAFOs). These large livestock producers are primarily regulated through IDEM's confined feeding operation (CFO) regulations. Recently, IDEM...

Indiana Sets Rules for "Satellite" Manure Storage Structures

A few years ago, concerned Indiana residents raised complaints with their elected officials about the storage of manure in remote ponds, or “lagoons” that were not sited next to existing livestock farms. There was also concern that poultry litter was being shipped across state lines from...

Farm Animals, Manure and Environmental Law

Here is the presentation by Meredith James on Farm Animals, Manure and Environmental Law for the Animal Law section of the OBA . The presentation focuses on the manure produced by farm animals. In particular, the presentation looks at how manure is regulated and how violations of the acts governing...

While FAA Regulations Stay Grounded, State Drone Laws Take Flight

Indiana is one of at least twelve states that enacted laws this past year limiting use of "unmanned aerial vehicles" (UAVs) or "drones." The Federal Aviation Administration (FAA) has known about the coming wave of drones for years, but as 2014 ended, the FAA still had no regulation...

Is Your Business Prepared for a Crisis?

A crisis can destroy a business’s reputation and bottom line. A crisis can come from anywhere: a surprise EPA, OSHA, or other regulatory inspection, a natural disaster, or a man-made catastrophe like the West, Texas fertilizer plant explosion last year. Though a business owner can never anticipate...

Farm Bureau Data Privacy Poll Produces Some Interesting Results

The American Farm Bureau Federation (Farm Bureau) recently polled over 2500 farmers about their concerns with data privacy and technology. Over 1000 of those surveyed indicated that they already use “precision technologies” on their farm, including data analysis tools operated by off-farm...

Ag Industry Releases Core Principles for Farm Data Privacy

This past year some of America’s leaders in agricultural technology products worked together with American Farm Bureau Federation and industry trade organizations to come up with a set of core principles for data privacy. The principles identified should help these agriculture technology providers...

Privacy and Security Principles for Farm Data

A few people have asked me for a link to the farm data core principles document released by ag technology providers and industry trade organizations. Below is the entire document, which represents a collaboration of American Farm Bureau Federation, American Soybean Association, Beck’s Hybrids,...

A Closer Look at Farm Data Ownership

A number of agriculture technology providers (ATPs) worked together recently to produce a document identifying core industry principles for data privacy and security on the farm. (Read the core principles document here: Privacy and Security Principles for Farm Data ). One principle addressed ownership...

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FAA Approves Ag Drone Flights for One Company: Is Decision a Road Map for Others?

The Federal Aviation Administration has granted a Washington company (Advanced Aviation Solutions LLC) an exemption to fly unmanned aerial vehicles ("UAVs" or "drones") commercially for "precision agriculture" and "crop scouting" purposes. In general, FAA regulations...

Big Data on the Farm: Presentation to Indiana Farm Bureau

My January 20, 2015 presentation to Indiana Farm Bureau's District Meeting can be found by clicking on the following link: Big Data on the Farm Don't forget to also check out American Farm Bureau Federation's Privacy and Security Principles for Farm Data . Read more at Janzen...

What You Need to Know about Farm Data Privacy

Here is my presentation to the Indiana Horticultural Congress on January 21, 2015. You can follow along online by clicking below: Farm Data Privacy: What You Need to Know Please check out other articles about the agriculture and technology on this blog. Read more at Janzen Ag Law...

Does Your Lease Address Big Data?

I've drafted and reviewed dozens of farmland leases over the years, but I yet to see a lease that addresses the issues associated with ownership and transfer of farm data. As farmers embrace new data storage and analytic tools, it’s time to modernize the traditional farm lease to address farm...

Big Data in Farm Leases: When the Landlord Wants Control

In my previous post, I discussed some ideas for drafting a lease to make sure that the tenant owns the farm data created during the lease. Another scenario arises when the landlord wants control of the farm data generated by the tenant. This might be the case where the landlord makes land management...

Big Data in Farm Leases: When Landlord and Tenant Both Want the Data

In my last two posts, I discussed what provisions one might add to a farm lease when either the landlord or the tenant wants ownership of farm data generated during the lease. Another scenario arises when the landlord and tenant both want equal access to the farm data. In this situation, the lease should...

Defining "Big Data" in Agriculture

A recent comment on one of my articles addressing big data concerns in farm leases asked why I used the term "big data" instead of just "data." This got me thinking about the definition of "big data" and what the term really means with respect to agriculture. Before looking...

Talking Big Data and Drones on Inside Indiana Business with Gerry Dick

I was recently lucky enough to be interviewed by Gerry Dick for his television show Inside Indiana Business. I was joined by Beck's Hybrid's Jim Shertzer who leads FARMserver , a web-based farm data storage and analysis tool. These are exciting times for agriculture! You can watch the video by...