Hot Topics in Agricultural Law – 2013

This program is one of only a few that addresses
the legal issues specific to agricultural law!

With State law updates impending affecting estate, gift, and generation-skipping transfer taxes, federal legislation impacting drainage districts, and the recent failures in the commodity futures arena, it is imperative that agricultural practitioners stay abreast of recent developments. Join us for this full-day seminar that updates your knowledge on:

• Recent IRS rulings on producer and agribusiness issues;
• Agro-environmental litigation concerns;
• The regulatory structure for protecting consumer funds, including CFTC regulation and self-regulatory organization rules;
• The Environmental Protection Agency’s proposed regulation of Combined Animal Feedlot Operation;
• Oil and gas leasing issues;
• Federal funding opportunities for federal conservation and disaster programs;
• Drainage issues and the state and federal regulations affecting the application thereof; and
• The ethical issues an agricultural law attorney must consider.

Program Coordinators/Moderators:
Ann E. Hagerty, Mark J Walsh & Company, Chicago
Barry O. Hines, Attorney at Law, Springfield

Agenda

8:30 – 9:30 a.m.  Income Tax Update
Get the income tax updates you need to effectively counsel your clients with this informative presentation. Recent IRS rulings and court cases regarding producers and agribusinesses, as well as the results of Congressional action on the provisions set to expire on December 31, 2012 are also discussed.
Richard Walden, Certified Public Accountant, Carlinville

9:30 – 10:15 a.m.  Estate Tax Update
This segment examines the recent legislation and case law updates to gift, estate, and generation-skipping transfer taxes that have occurred in the last year – especially as they relate to the agricultural arena.
Michael G. Barton, Bellatti, Barton, & Cochran, LLC, Springfield

10:15 – 10:30 a.m.  Break (beverages provided)

10:30 – 11:45 a.m.  Hot Topics in Agricultural Law
Don’t miss this important discussion on several hot topic areas in the world of agricultural law, including:

• Agricultural Legislation and Litigation Update – This general overview of the agricultural-related legislation and litigation emphases agro-environmental issues.
• Commodity Futures Update – The recent failures of MF Global and Peregrine Financial Group have caused farmers, grain elevators and others to question the safety of customer funds deposited with commodity brokers. This portion of the presentation examines the regulatory structure that is in place to protect customer funds and analyzes the pending and recently enacted changes to CFTC regulation and self-regulatory organization rules.
• CAFO Update – Get the information you need regarding the ongoing Illinois Pollution Control Board regulatory proceedings concerning IEPA’s proposed Combined Animal Feedlot Operation regulation.

William J. Bolotin, Doyle & Bolotin, Ltd., Chicago
Prof. A. Bryan Endres, University of Illinois, Urbana
Claire A. Manning, Brown Hay & Stephens, LLP, Springfield

11:45 a.m. – 12:45 p.m.  Lunch (on your own)

12:45 – 2:15 p.m.  Oil & Gas Leasing and Development of Agricultural Lands
This comprehensive overview explores a number of oil and gas-related issues, including: ownership of oil and gas; removing minerals from the surface; implied easement to use surface; meaning/operation/effect of provisions commonly found in oil and gas leases; well spacing, pooling and unitization; agricultural use and surface owner concerns; horizontal drilling/completion; and hydraulic fracturing in the Illinois Basin. Recent developments regarding the New Albany Shale are discussed.
David M. Foreman, Foreman & Kessler, Ltd., Salem

2:15 – 2:30 p.m.  Break (refreshments provided)

2:30 – 3:30 p.m.  Drainage Issues
This segment explores the impact of federal legislation (such as the Clean Water Act and Endangered Species Act) upon drainage districts and landowners, as well as the federal funding opportunities available for federal conservation and disaster programs. Additional topics include: insurance and liability issues, chemical spraying, compliance with state statutes (such as those concerning prevailing wages, bidding and contracting), and the Open Meetings Act.
James L. Ayers, Shonkwiler & Ayers, Monticello
Christopher W. Byron, Byron Carlson Petri & Kalb, LLC, Edwardsville
Prof. Emeritus Donald Uchtmann, University of Illinois, Urbana

3:30 – 4:30 p.m.  Legal Ethics/Malpractice Update*
Join us for an examination of the numerous ethical issues an attorney must consider when practicing in the agricultural law field, including conflicts of interests, scope of representation, and intended beneficiaries of legal services.
George W. Spellmire, Spellmire Law Firm, LLC, Chicago
 

*Professional Responsibility MCLE credit subject to approval