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From Right to Repair to rules regarding H2A worker program, Lashmet addresses legal questions

Lashmet covers relevant law topics for farmers and ranchers, interviews law experts

The Ag Law in the Field Podcast continues to grow in popularity, so I wanted to share some info about the podcast and recap our most recent guests for those of you who have yet to join in the fun.  The Ag Law in the Field Podcast is basically me interviewing an ag lawyer each episode on a various ag law topic.  A person can listen on their smart phone’s podcast app, on iTunes, or on the computer at our website.  Listening is free and on-demand, so you can listen to any prior episode at anytime.

In case you may have missed them, here is a rundown of the most recent episodes, numbers 21-30 of the Ag Law in the Field Podcast, along with links to the website and show notes for each one as well.   [If you missed the recap of Episodes 1-10, click here, for the recap of Episodes 11-20, click here, and for the recap of Episodes 21-30, click here.]

Also, remember, I’m always looking for interesting topics that would be useful to my listeners, so shoot over any ideas you might have!

  • Episode #31:  Todd Janzen (Right to Repair)  This was a topic requested by a couple of podcast listeners and blog readers, so we listened!  Indiana-based attorney, Todd Janzen, is a national expert on agricultural technology and the law.  On this episode, we tackle the question of whether a person purchasing a new tractor with important software systems has the legal “right to repair” that piece of equipment.
  • Episode #32: Drew Kershen (Agricultural Biotechnology Law) I was thrilled and honored to have agricultural law legend, Drew Kershen, on the podcast.  Drew has taught for years at the University of Oklahoma College of Law and one of his specialties is biotechnology.  On this episode, we looked at various regulatory schemes applicable to biotechnology in agriculture.  Don’t let that topic scare you off–Drew breaks things down on a level everyone can understand!  We focus extensively on the law applicable to genetic engineering and gene editing in the United States and abroad, and how these legal issues can impact international trade.
  • Episode #33: Nicholas Miller (Negotiating an Oil and Gas Lease)  In one of our most popular episodes to-date, Austin-based attorney Nicholas Miller discusses considerations for mineral owners negotiating an oil and gas lease.  Nicholas walks through various laws applicable to oil and gas leases, discusses common legal issues related to lease agreements, and offers us some key tips when negotiating with a production company.
  • Episode #34: Kyle Farmer (H2A Agricultural Guest Worker Program)   The H2A Guest Worker program has been in the news a good deal during discussions of immigration policy in the United States.  Kyle Farmer joined us on the show to discuss the rules surrounding the H2A program, common issues that agricultural producers or agribusiness see in seeking to obtain H2A employees, and to provide an update on potential legislative changes to the process.
  • Episode #35: Andrew Crocker (End of Life Planning)  This is an episode that everyone needs to listen to, regardless of age and regardless of involvement in agriculture.  My colleague Andy Crocker and I chat about some important conversations and decisions that folks need to make related to end of life care.  From tips on how to start these conversations, to the documents that everyone should consider drafting, to rules surrounding medicare, this podcast provides important information that applies to every person in Texas.
  • Episode #36: Dr. Jason Johnson (PRF Rainfall Insurance)  This topic is a bit different than our normal legal topic, but PRF insurance is an important risk management tool for landowners to consider.  Dr. Johnson, an Extension Economist with Texas A&M University AgriLife Extension came on the show to explain an insurance product through the USDA Risk Management Agency that allows a producer to essentially insure average rainfall for his or her area, and receive an indemnity payment if no rainfall occurs.  This episode will provide an overview of the program and walks you through the four decisions that must be made in order to enroll.  We also talk about how to sign up, including the deadline to do so, who you can purchase through, and how the RMA shares in the premium cost.
  • Episode #37: Jake Parker (North Carolina Hog Farm Nuisance Litigation)  If you follow agricultural law news at all, you’ve seen the news out of North Carolina involving nuisance lawsuits against hog farms owned by Smithfield Foods.  Twenty-six lawsuits were filed by neighbors of various hog farms that contracted with Smithfield.  The first three lawsuits have resulted in large verdicts against Smithfield.  This has caused concern across the livestock industry and across the United States.  Jake Parker came on the show to talk about these lawsuits, explain the court’s ruling that the Right to Farm statue did not apply, and recent amendments to the NC Right to Farm Act to attempt to protect ag operations in the future.
  • Episode #38: Amber Miller (Adverse Possession)  Adverse possession (also known as “squatter’s rights”) is a topic for which there is a good deal of inaccurate information floating around.  When can a person claim ownership of the property of another through this legal theory called adverse possession?  If a fence is built off the property line and stays there for decades, can the owner claim adverse possession to the property that has been enclosed by the fence?  Amber Miller, a Lubbock-based attorney who has litigated these issues, joins me to clear up some myths and walk through Texas law related to adverse possession.
  • Episode #39: Cari Rincker (Grazing Leases)  A topic near and dear to my heart…grazing leases.  In my role here at Texas A&M, I get the most requests to come and speak on this topic.  I was excited to have my friend (and TAMU Animal Science Alum) Cari Rincker on the show to talk about this important topic.  Why should leases be in writing?  What topics should be included?  What should a person think about if hiring an attorney to help? Cari and I walk through all of that and more in this episode.
  • Episode #40:  Stephanie Bradley Fryer (Texas Probate Process)  Probate is a topic that is concerning to many Texans.  What exactly is probate?  What are the steps that have to be taken to probate a will?  How does probate work if no will exists?  My friend and Texas A&M School of Law alum Stephanie Bradley Fryer appeared on the show to talk about probate in Texas on a very practical level.  She walks us, step by step, through exactly what happens after a person dies with regard to probate.
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