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    Patrick Ragan Richard Ragan Richard photograph

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    Brandon Davis

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    Related Practices

    • Intellectual Property

    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. 

    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:

    • Distributorship agreements
    • Equipment lease financing
    • Real estate and construction
    • Sale of business
    • Mergers and acquisitions
    • Joint ventures
    • Refinancing
    • Business formation and structuring
    • Purchase and sale agreements
    • 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.

    Experience

    CF Industries, a manufacturer and distributor of agricultural fertilizers, in complex real estate, financing, environmental and construction issues related to developing and expanding its manufacturing facility in the southern United States.
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    Daybrook Fisheries, a major U.S. menhaden harvester, in its $382 million sale to South Africa’s Oceana Group. The firm provided transactional as well as regulatory counsel, including structuring the deal to comply with the American Fisheries Act.
    Industrial hemp start-up as outside general counsel on complex regulatory compliance issues confronting North Carolina industrial hemp producers after the passing of the 2018 Farm Bill, such as stringent testing requirements for THC levels, pesticides and contaminants, as well as varying, patch-work state rules vs. USDA preliminary guidelines.
    Sugar Growers and Refiners, Inc. (SUGAR), an agricultural marketing cooperative composed of sugar cane growers, landowners and mills producing 2 billion pounds of sugar per year, as primary outside corporate, real estate, and contract counsel. We advised the cooperative on its integration into sugar refining by helping form, negotiate and develop Louisiana Sugar Refining, LLC, an entity owned by a large segment of the Louisiana sugar industry and Cargill, Incorporated.

    Insights

    • April 3, 2025

      U.S. Department of Labor Issues Updates to Allowable Charges for Seasonal Farmworkers …

    • May 16, 2024

      What Employers Can Expect From New DOL Rules for Seasonal Ag Workers …

    More +
    • April 29, 2024

      U.S. Department of Labor Enacts New Rule to Enhance Worker Protections in Agriculture…

    • April 12, 2024

      EPA Limits PFAS in its New Drinking Water Rules…

    • March 4, 2024

      How Do Federal Labor Laws Apply to Agricultural Employers? …

    • February 26, 2024

      Recent Federal Policy Changes Agricultural Employers Need to Know…

    • February 22, 2024

      Mid-South Agricultural Labor Seminar 2024…

    • December 15, 2023

      23rd Judicial District Bar Association Presents What Every Louisiana Lawyer Needs To Know About Immigration Law…

    • November 29, 2023

      Brandon Davis Tapped to Lead American Agricultural Law Association …

    • November 29, 2023

      NCAE 2023 Ag Employer Labor Forum …

    • October 19, 2023

      New DOL Tools for Agricultural Employers Address Workplace Housing, Transportation, and H-2A Rule Changes…

    • September 14, 2023

      Mississippi Farm Bureau Ag Labor Seminar…

    • September 8, 2023

      No Farm to Table Without Ag Labor…

    • August 9, 2023

      NALC Presents The Changing Landscape - Everything Agricultural Employers Should Understand About Farm Labor Law…

    • March 02, 2023

      Louisiana Farm Bureau Presents Shortcomings of H-2B Visa Program…

    • September 29, 2022

      Ag Allies Conference…

    • May 24, 2022

      The National Agricultural Law Center Presents H-2A, Adverse Effect Wage Rate Changes, and Related Issues for 2022 and Beyond …

    • February 23, 2022

      Mid-South Agricultural Labor Seminar…

    • February 17, 2022

      Common Issues With Using H2B Labor in Your Landscape Business…

    • November 3, 2021

      Agricultural Law Educational Symposium…

    • July 23, 2021

      10 Things You Need to Know About Biden’s EO on Promoting Competition…

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