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A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics.
  • What We Do
  • Who We Are
    • Joel Cape | Attorney
    • Brynn Crab | Operations Administrator
  • Media
  • Blog
  • Contact

Protecting Plant Varieties is a lot harder than it looks – Why you need to spend some time in Deep Thought before you license

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Cape Law Firm Blog

by Joel Cape

Legal News | Cancer Roundup Appeal
Legal News

Spirits from the Delta, U.S. Solicitor Says “No” to Roundup Cancer Appeal | Other Legal News

Delta Dirt Distillery’s Sweet Vodka Farms willing to take a leap and step outside of the commodity cycle can reap some fine rewards, and Harvey Williams, Jr. has done just that with his launch of Delta Dirt Distillery in Helena, Arkansas. On the Phillips County farm that Williams’ grandfather bought in 1949, the Williams family raises sweet potatoes and grain which they use in their newly opened distillery to make craft vodka, gin, and whisky. Their Sweet Blend Vodka, made with sweet potatoes and corn from the family farm, recently won the Double Gold award at the San Francisco World Spirits Competition, one of the world’s largest competitions of its kind. The dirt

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joelcape May 13, 2022
Supreme Leak
Legal News

Not-So-Sweet Honey, A Supreme Leak, and Other News

Uninformed Honey Bees Ah, the pitfalls of the “all natural” marketing claim. What could be more natural that bees making honey? Apparently, it depends on the integrity of the bees and whether they knew better than to forage on glyphosate herbicide. A consumer class action against Sioux Honey, a cooperative in Sioux City, Iowa, is going forward on allegations that Sioux Honey has falsely labeled its honey as “Pure” and “100% Pure” and “all natural” because it contains trace amounts of glyphosate. In essence, the suit claims that Sioux Honey misled consumers with claims that its honey was all natural and failed to warn of the presence of glyphosate, resulting

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joelcape May 6, 2022
Trademark Exhaustion News
Legal News

USDA Seeking Ag Competition Comments, Trademark Exhaustion, and More

USDA Requests Comments on Anti-Competitive Issues in Seed, Fertilizer, and Ag Inputs ​USDA recently launched an inquiry seeking public comments on the current market structures and consolidation in three market segments: (i) fertilizer, (ii) seed and agricultural inputs, and (iii) retail. Stemming from the 2021 Executive Order, “Promoting Competition in the American Economy,” the inquiry aims to gather information on the effects of consolidation in key agricultural sectors which will be used to shape policy solutions. USDA’s notice cites several statistics that suggest that industry consolidation has significantly reduced competition, squeezing farmers and ranchers into unsustainable positions, raising prices for consumers, and undermining the American economy. Examples include: Four companies supply

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joelcape May 2, 2022
non-solicitation agreements
Legal News

The Slippery Slope of Solicitation, Guilt-Free Sausage, and other Legal News

The Slippery Slope of “Solicitation” in Non-Solicitation Agreements Although non-solicitation agreements are routinely used to protect trade secrets and prevent unfair competition, in practice these agreements can be challenging to draft and enforce. A recent Texas case addressed what it means to “solicit” in an employment agreement for an employee that went to work for a competitor. A company sought a preliminary injunction against its former employee (a salesperson) to stop him from soliciting the company’s customers on behalf a competitor. The parties disagreed over the type of conduct that constituted “solicitation” under the employment agreement – the employee argued that solicitation required some sort of “active conduct,” while the

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joelcape April 22, 2022
Herbicides News
Agriculture

Benefits of Longer-Term Farm Leasing, Seed Treatment in the Crosshairs

Conservation Benefits of Farm Lease Terms Longer terms for farm leases may motivate more conservation practices on the land according to an Iowa State University study recently highlighted by DTN Progressive Farmer. Although conservation practices for farms and farmland provides a number of benefits “on and off-farm,” the research indicates that leased land can pose an obstacle to adoption of such practices. A significant amount of U.S. farmland is leased to operators, often under short-term leases that are less than 2 years. The study noted the importance of leasing on conservation adoption since “more than half of Midwestern farmland is rented out.” Evidence from the study showed that adoption of cover crops,

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joelcape April 15, 2022
Russian Bread Basket
Agriculture

Ag’s Russian Bread Basket, Hemp’s Happy Cows, & Other Legal News

Ag’s Biggest Players Keep Their Russian Business ​A recent article in the Wall Street Journal revealed that some of the biggest names in agriculture, including Bayer, Cargill, Syngenta, and ADM, have continued to do business in Russia after its invasion of Ukraine. While many other global companies have put Russian operations on hold or severed ties completely, Ag’s big players have continued to sell seed and handle grain crops in the country. Most of the ag companies that have remained in Russia argue that they are obliged to continue operations there out of humanitarian concerns over food availability to Russian citizens. Cargill stated that “Food is a basic human right and

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joelcape April 8, 2022
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