Risk Management

2014 marked the expiration of Monsanto’s patent on the first generation Roundup Ready© technology. But, this expiration does not mean that farmers using seed from first generation Roundup Ready© technology will be able to save harvested seed for planting a subsequent crop. Many seed companies utilizing this technology may consider other federal law protections afforded them. One such protection would be the Plant Variety Protection Act (PVPA). Another protection would be the use of contracts. A company also may look at utilizing patent law to limit seed saving. You will need to consider each one of these to determine if saving the seed is allowed. Author: Paul Goeringer; Title: Legal Liability of Saving Seeds in an Era of Expiring Patents (FS-1000)

Selecting an attorney to represent you is not always an easy prospect especially if it is your first time needing legal help. You may not know how to go about finding the right attorney or what questions to ask. Does the attorney have experience handling cases like yours? Do you understand how the attorney will bill you? Are you paying a flat fee or being billed hourly? Selecting the right attorney and understanding expectations on both sides will hopefully lead to a successful attorney-client relationship. Author: Paul Goeringer; Title: Finding An Attorney for Your Case Requires Asking the Right Questions (FS-1097)

Managing legal risks can mean following a well-thought-out process to hire new employees, correctly training new employees, allowing them additional training to stay current on the most recent chemical application and animal welfare practices, and developing other proactive strategies to limit legal challenges impacting a farm operation. This publication assists readers in better understanding what can go into this process. Title: Developing Proactive Legal Strategies for Handling Protesters and Hiring Employees to Limit Legal Issues on Your Farm (FS-1163). Author: Paul Goeringer, Ellen Pearson

This fact sheet can serve as another tool in a farmer’s risk management plans by providing information on how farmers can protect themselves from legal challenges from a nuisance or violation of an environmental permit. The information discussed in this fact sheet will not eliminate threats of lawsuits. Elimination of 100 percent of legal risk is not possible. Understanding Agricultural Liability: Legal Risk Management Considerations is available here http://drum.lib.umd.edu/handle/1903/16345. Author: Paul Goeringer, Title: Understanding Agricultural Liability: Legal Risk Management Considerations (FS-995)