Cape Law Firm Blog

by Joel Cape

An Ag Coalition Puppet, Free Farm Electricity and More
Agriculture

An Ag Coalition Puppet, Free Farm Electricity and More

Bayer Spawns Another Meaningless Ag Lobby Group An Ag lobby group bearing the name “Modern Ag Alliance” was recently formed by Bayer, with the catchy tagline “Control Weeds, Not Farming.” Although the group’s website doesn’t come right out and say it, their unmistakable mission is convincing state legislators to give immunity to pesticide manufacturers and scaring people (mainly farmers) into believing the world will starve without more glyphosate. It would almost be funny except for the hoard of uninformed, mindless endorsements from other Ag organizations. There is little doubt that most (if not all) of the so-called “Partners” listed on Modern Ag’s website have signed on to the mission without

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12 of 23 Another Year, Another Dicamba Label | Cape Law Firm
Agriculture

12 of 23 Another Year, Another Dicamba Label | Cape Law Firm

New Dicamba Label Open for Public Comment The Environmental Protection Agency (EPA) has opened a 30-day public comment period for Bayer’s dicamba laberl – the herbicide, called “KHNP0090,” formerly known as Xtendimax. This is apparently Bayer’s second registration submission for dicamba following a federal court’s order vacating the previous dicamba label registrations earlier this year. A copy of the proposed label is attached here. Changes include: No post-emergence application in soybeans, i.e., there is no over-the-top option; June 12 application cut-off for soybeans; July 30 application cut-off for cotton; and A reduction in the maximum annual rate to 44 oz. for both soybeans and cotton. While Bayer publicly proclaims that it

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Learn More Legal News at Cape Law Firm | Non-Competes
Legal News

1 of 16 Non-Competes Banned Nationwide, Plants Designed for A.I.

FTC Bans Employer Non-Compete Agreements Nationwide The FTC has moved forward with a national ban on non-compete agreements and clauses between employers and employees. The FTC final rule, published on April 23, spans over 560 pages and eliminates virtually any sort of contractual term or agreement that has the effect of being a non-compete clause. Under the rule a term or condition that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from” working after his or her current employment ends is illegal. Existing non-competes with Senior Executives may remain, but new competes with them will also be prohibited after the effective date of the

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Agriculture

The State Frontier of Pesticide Immunity | Farmer Seed Liaison

Bayer’s Quiet Campaign for Immunity Heads to State Legislatures Bayer’s effort to find a cure for its Roundup litigation hangover is quietly crawling into State legislatures – specifically in the form of legislation that will give pesticide immunity to the company for its pesticide products. In at least three States, Bayer’s lobbyists have ushered in Bills that would provide immunity from State law claims and eliminate lawsuits, particularly those involving product labeling: ​Idaho SB 1245​ ​Missouri SB 1416​ ​Iowa HSB 646 and SBS 3188​ The Bills in Idaho and Iowa are quite broad, reaching far beyond the cancer warnings at the center of the Roundup litigation to include health, safety, “or any

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Plant Breeding for the 'Biome, Forever Fertilizer - Other Legal News
Agriculture

Plant Breeding for the ‘Biome, Forever Fertilizer – Other Legal News

Seed’s Microbiome – An Emerging Frontier of Seed Technology New research points to the potential of seed’s microbiome as a trait to consider for plant breeding. In the never-ending quest for more resilient, higher-yielding crops, microbiome research (microbiomics) is emerging as a new scientific frontier that may shape the future of plant breeding. Recent research on the microbiome of fonio (a type of millet) indicated that at least a portion of a seed’s microbiome is heritable, i.e., it can be transmitted to the next generation of plants. The study identified several genes that appear to influence the community of microbes in fonio, which indicates that plant genetics play a role

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Feds Come Marching In, Sriracha Farming & More | Cape Law Firm
Agriculture

Feds Come Marching In, Sriracha Farming & More | Cape Law Firm

Government’s I.P. March-In Rights Affirmed A federal law known as the Bayh-Dole Act has allowed inventors, particularly universities and small businesses, to retain ownership or exclusive licenses to inventions developed with federal funding. However, the law provides the government with certain rights to such inventions, such as a non-exclusive, paid-up license to practice the invention or the right to “march-in” and license patents for the invention to third parties. This is to ensure that the public receives the benefit of taxpayer-funded innovations. Historically, the Government has not exercised these rights, however, the Government has begun examining whether to take a more active role in licensing federally supported innovations. The Federal Circuit

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