Ag Looks Ahead at Key Legal Issues

(L to R) Eric Lausten, Curt Blades, Andrea Sellers

As more details emerge about how President Biden will handle regulations that were loosened while Trump occupied the White House, Bob Thompson, partner at Bryan Cave Leighton Paisner, moderated a discussion with three legal specialists who began to unpack some of the implications re-regulation might have in store for the ag industry.  The Council’s annual legal update was sponsored by Bryan Cave Leighton Paisner and featured Eric Lausten, principal, Husch Blackwell Strategies, Curt Blades, senior VP for agriculture and forestry at the Association of Equipment Manufacturers, and Andrea Sellers, co-chair agribusiness at Stinson law firm. 

AEM’s Blades said farmers have always had and will continue to have the ability to repair their own equipment. “Equipment manufactures stand solid in their support of a farmer’s right to repair their equipment [but] stand equally opposed to the modification of equipment that could impact safety, regulatory compliance or infringe on intellectual property.” The scope of the legislation, he pointed out,  is typically broad and covers personal and business technology devices, home appliances, medical equipment, heavy off-highway equipment, boats, snowmobiles, ATVs, and more.

AEM is opposed to new “Right to Repair” legislation, Blades explained, because it is unnecessary legislation. It’s AEM’s position that it puts farmer safety at risk, provide avenues to bypass regulation, disregards aspects of intellectual property, and could make farmers unknowing pawns in a larger digital special interest agenda. The issue is complex. More information is available from AEM and the Equipment Dealers Association.

Andrea Sellers focused her remarks on intellectual property rights applicable to seed, contracts relating to R&D and contracts relating to use and distribution. She noted that “protectable innovations” included GMO plants, plants produced by traditional breeding techniques and germplasm with restricted access. Sellers said disputes over IP rights often emerge over raw data when ‘payers’ claim rights to innovation breakthroughs because of their investment or sponsorship. They don’t – so innovation and investment parties have to work out arrangements going into the research and development.

In his “Transition 2021,” Eric Lausten, principal for Husch Blackwell Strategies based in Washington, D.C., provided an extensive analysis of the political impact the Biden administration will likely have on agricultural policy.  He said the president will seek a centrist approach and bipartisanship where possible. “But recent events and each party’s vocal wings are apt to disrupt.” Lausten pointed out that USDA Secretary Vilsack’s appointment could be a sore spot for the progressive Democrats who see Sec. Vilsack as maybe too close to corporate agriculture.  On the other hand “rural economic development is a priority for House Dem Whip (and kingmaker) Jim Clyburn.”

Lausten’s presentation is thorough, exhaustive and enlightening. Copies of his presentation are available from the Council. Contact Erica Venancio for further information.