Agribusiness
Agribusiness organizations often face complex legal and regulatory issues as they grow. Phelps’ Agribusiness team works to take that burden off of our clients, so they can focus on the critical task at hand – feeding the world.
Our team of business, real estate, labor, regulatory and dispute resolution lawyers actively represent over 90 Agribusiness organizations in:
- Acquisition, financing, development and sale of agricultural properties
- Mergers, acquisitions, joint-ventures and related transactions
- Contractual advices
- Zoning, land use and governmental regulation
- Environmental regulatory counseling
- Labor and employment issues, including comprehensive H-2A and H-1B services
- Dispute resolution
We work with companies across the supply chain, with a strong focus on farms, agricultural associations, cooperatives and suppliers to the industry.
Services
H-2A Labor Program Services
We offer a turn-key labor solution that encompasses all aspects of the temporary worker, H-2A visa process, including:
- Preparing and submitting all required legal documentation to state workforce agencies, the U.S. Department of Labor, the U.S. Citizenship and Immigration Services and to the appropriate U.S. Embassies/Consulates abroad
- Managing required positive recruitment efforts and defense of requests for evidence
- Coordinating consular appointments for each returning or newly recruited worker
Our service eliminates the need for hiring separate service providers for consular and legal services.
Other Labor and Employment Solutions
With a Labor and Employment law team consisting of more than 30 lawyers throughout the country, we have extensive experience in representing farmers in the defense of employment claims alleging immigration, wage and hour and labor infractions under federal and state statutes. We regularly litigate such claims in state and federal court. Our agribusiness clients know that they can turn to us for sound advice and results-oriented solutions regarding the legal issues they face.
Environmental
Our environmental attorneys counsel clients regarding federal, state and local environmental laws and regulations. We routinely appear before the state and federal regulatory agencies pertinent to our agribusiness clients. We handle the environmental aspects of commercial transactions and have managed substantial litigation in federal and state courts involving a range of environmental issues, including:
- Permitting issues
- Compliance orders
- Penalties
- Environmental assessments
- Indemnity and hold harmless provisions
- Representations and warranties
- Environmental opinions of counsel
- Environmental due diligence issues in real estate transactions
We also help clients in preparing comments to proposed federal rule making and state administrative regulations, as well as in challenging federal and state rule making.
Corporate and Transactions
Phelps has over 70 corporate and transactions lawyers across our footprint, covering the entire spectrum of business needs for agriculture and related entities. Matters we routinely handle for our agriculture clients include:
- Business formation and structuring
- Distributorship agreements
- Equipment lease financing
- Joint ventures
- Mergers and acquisitions
- Purchase and sale agreements
- Real estate and construction
- Refinancing
- Sale of business
- Service agreements
We also counsel multiple timberland operators in comprehensive real estate matters, including financings, land acquisitions, environmental and other regulatory matters, as well as handle corporate, real estate and contract matters for large agricultural marketing cooperatives.