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2015 Agriculture Law CLE
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Approved for 6.0 hours CLE, including 1.0 hour ethics and professionalism in Kansas and Missouri.

When: Friday, November 20, 2015
Registration begins at 8:30 AM, Programming begins at 9:00 AM and meeting adjourns at 4:45 PM
Where: Kansas Farm Bureau
2627 KFB Plaza
Manhattan, Kansas  66503
Contact: Leslie Garwood

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Approved for 6.0 hours CLE, including 1.0 hour ethics and professionalism in  Kansas and Missouri.


Meeting Agenda:


8:30 AM ● Registration & Continental Breakfast


9:00 AM ● Hot Topics in Agriculture Law
Chelsea Good, Livestock Marketing Association, Kansas City, MO
Aaron Popelka, Kansas Livestock Association, Topeka, KS
This fast-paced session will provide an overview of common issues dealt with by Kansas agriculture attorneys as well as some emerging agriculture law issues. Topics covered will vary from zoning laws and drafting farm leases to drones and data use.  The panel discussion will conclude with an open forum, where the panel will tackle issues from the audience.


9:50 AM ● Break


9:55 AM ● Using Irrevocable Income Only Trusts for Asset Protection: Is it a Myth or Reality

Emily Donaldson, Stevens & Brand  LLP, Topeka, KS
This presentation will focus on the use of irrevocable income only trusts in the context of long-term care planning, specifically the treatment of these trusts for Kansas Medicaid eligibility.


10:45 AM ● BREAK


10:55 AM ● Prepare Yourself and Your Client: Ethical Obligations Surrounding Cyber-Security Issues

Teresa Shulda, Foulston Siefkin LLP, Wichita, KS

By now, nearly all of us have received a notice from one company or another disclosing a data-security breach that may have exposed those oh-so-personal numbers that identify who we are. For lawyers and our clients, the question is no longer "if” but "when”  technology systems will be compromised. In a time when data-security breaches are near daily news, lawyers must understand the risks associated with the use of their own and their clients’ technology. That doesn’t mean lawyers must become cyber whiz-kids, but they must recognize data-security issues when they come up and learn how to competently advise clients or when to consult with available experts. And it’s just as important to understand how to protect clients’ confidential information from unauthorized intrusion on law firm computers, servers, and devices. This session will cover some recent data security breach cases. We’ll discuss how some companies got it right and why others missed the mark. Throughout the session, we’ll discuss an attorney’s ethical obligations to clients both before and after data-security issues arise.


11:45 AM ● Lunch (provided)


1:00 PM ● Syngenta GMO Corn Litigation: Up to your ears in Corn?

Patrick Stueve, Stueve Siegel Hanson LLP, Kansas City, MO

Patrick J. Stueve of Stueve Siegel Hanson LLP  is co-lead counsel in the Federal  MDL pending in the District of Kansas (In re Syngenta AG MIR 162 Corn Litigation MDL No. 2591).  He will summarize the claims asserted in the case on behalf of Corn farmers, various non-producers, and Milo growers, Syngenta’s response and the Court’s recent ruling  denying in part Syngenta’s motion to dismiss.  He will discuss the status of the case and  the likely timing of any  class and individual bellwether trials.  He will also answer any questions lawyers representing corn or Milo farmers and non-producer  like grain elevators, ethanol plants and exporters may have in  evaluating potential claims.


1:50 PM ● BREAK


2:00 PM ● Waters of the U.S., The Final Rule: What Does it Mean and Where is it Going?

Michael Irvin, Kansas Farm Bureau Legal Foundation, Manhattan, KS
Aaron Popelka, Kansas Livestock Association, Topeka, KS

On August 28, 2015, the U.S. Environmental Protections Agency’s (EPA) Waters of the U.S. (WOTUS) jurisdictional rule became final.  In the first half of the course, Popelka will focus on the language of the final rule, how it relates to existing case law, and the implications for agriculture if it is enforced.  The second half of the course will feature Mr. Irvin explaining the litigation that has followed publication of the final rule and where the rule stands now.


2:50 PM ● BREAK


3:00 PM ● The Community Foundation: Maybe the Most Versatile Ag Planning Tool in Your Entire Box

Peter Peterson, Clark, Mize & Linville, Chartered, Salina, KS

The local community foundation is a frequently overlooked solution to challenges donors often face with regard to their charitable giving.   First of all, it affords them a cost- effective way endow their gifts to their favorite "destination charities.”  It also provides them with an "independent screen” between their money and those same charities, insofar as principal invasion is concerned.  And, finally, it is a perfect landing spot for "difficult assets” commonly owned by our farmer/stockmen clients – grain, livestock, equipment, and land.



3:50 PM ● Adjourn  



Chelsea Good, Livestock Marketing Association, Kansas City, MO  Chelsea Good is the Vice President of Government and Industry Affairs at  Livestock Marketing Association. LMA is the Kansas City based trade organization representing livestock sales auctions across the United States. Chelsea represents these markets’ interests in federal, state, and industry policy meetings.  Chelsea is a graduate of Washburn University School of Law. She also has a master’s degree in communications studies and bachelor’s degrees in agricultural communications and journalism, political science, and public relations, all from Kansas State University. Prior to joining LMA, Chelsea worked at the Kansas Department of Agriculture, first as the Communications Director and then as a Staff Attorney specializing in animal health law and policy.





Aaron Popelka, Kansas Livestock Association, Topeka, KS

Aaron Popelka serves as Vice President of Legal and Governmental Affairs for the Kansas Livestock Association (KLA). Popelka represents beef cattle, dairy and other livestock producers’ policy priorities at the state and federal levels of government. He also consults with KLA members on legal and regulatory matters. Prior to joining KLA in January 2012, Popelka was Chief Counsel in Senator Jerry Moran’s Washington, D.C., office. He joined Moran’s congressional office in February 2006, advised on agriculture, energy, environment, trade, and water policy issues, and counseled Moran on other general legal and regulatory matters. Popelka is a 2001 summa cum laude graduate of Kansas State University, where he received a bachelor’s degree in agriculture He graduated with distinction from the University Of Nebraska College Of Law in 2004 with a concentrated program of study in agricultural law.







Emily A. Donaldson, Stevens & Brand, L.L.P., Topeka, Kansas
Emily A. Donaldson has been practicing in the areas of elder law and estate planning for over fifteen years and is a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation.  Her practice consists of advising clients on the complex issues encountered in long-term care planning, particularly access to long-term care Medicaid and Veterans’ benefits. Emily is an accredited attorney with the Veterans Administration. In addition, Emily holds an advanced legal degree in estate planning and assists clients with designing and structuring their estate plans. She has counseled numerous individuals and families with special needs children through the complex legal and financial issues raised by the impairment. These issues often require the appointment of a guardian and conservator, as well as special needs trust creation and administration. Emily was selected as a member of the Special Needs Alliance, an invitation-only, national non-profit collective of leading disability and public benefits attorneys. She is a frequent author and speaker on these and other issues affecting the aged and individuals with disabilities. She is the co-editor of the Kansas Long-Term Care Handbook, Second Edition, published by the Kansas Bar Association; and has published numerous articles related to elder law issues.  She is a frequent speaker on elder law topics at seminars sponsored by the KBA, Topeka Bar Association and Douglas County Bar Association, and often speaks to community groups and advocates in the elder law arena. 



Teresa Shulda, Foulston Siefkin LLP, Wichita, KS

Teresa Shulda is a partner at Foulston Siefkin practicing employment law. Teresa has represented both employers and employees in a variety of employment litigation matters, including civil rights, federal and state anti-discrimination laws, contract disputes, wrongful discharge, wage and hour laws, and other federal and state law claims. Teresa also provides clients with daily employment law counseling, including legal advice on proposed terminations and discipline, leave of absence issues, reasonable accommodations, and workplace investigations. As part of her counseling practice, Teresa regularly provides HR and management with employment law training to ensure workplaces are compliant and that companies utilize best practices to lower legal risks associated with personnel matters.




Patrick Stueve, Stueve Siegel Hanson LLP, Kansas City, MO
Patrick J. Stueve has been recognized by his peers as one of the top commercial trial lawyers in the country for his efforts over the past 25 years. He has been named to Best Lawyers® 2016 Antitrust Law "Lawyer of the Year" in Kansas City, Missouri, The Best Lawyers® in America for Bet The Company, Commercial and Antitrust Litigation, Top 100 Super Lawyers in Kansas and Missouri, "Local Litigation Star" by Benchmark Plaintiffs, and "Best of the Bar" by the Kansas City Business Journal.


Patrick has prosecuted claims in federal and state courts nationwide in the areas of antitrust, intellectual property, securities fraud and other commercial torts against some of the largest businesses in the world including Formula 1 Racing, ITW, Citigroup, United Health Care, and AIG. Patrick has also successfully prosecuted several national and state wide class actions against global giants including Volkswagen, Merck & Co. and Mitsubishi. His national practice includes privately-held companies like Heartland Spine & Specialty Hospital and Associated Wholesale Grocers as well as publicly traded Fortune 500 companies like Seaboard Corporation and Kawasaki.

Patrick is a founder of Stueve Siegel Hanson LLP, one of the largest firms in the Midwest specializing solely in litigation of complex commercial cases.  Stueve Siegel has offices in San Diego and recently opened an office in New York.


Patrick graduated with honors in 1984 with a B.A. in Economics from Benedictine College.  In 1987, he graduated Order of the Coif from the University of Kansas Law School where he served as an Editor of the Kansas Law Review and the Criminal Justice Review. He served as law Clerk to John W. Oliver, Federal District Court Judge for the Western District of Missouri and then worked and later became a partner at what was then the largest firm in Kansas City - Stinson Mag & Fizzell - now Stinson Leonard Street.



Peter Peterson,  Clark Mize & Linville Chtd, Salina, KS
Pete has focused primarily on tax, financial, charitable, and estate planning for individuals (including wills, trusts, and probate) since 1971. Pete is a Certified Financial Planner, a Fellow in the American College of Trust and Estate Counsel, and the author and presenter of numerous continuing education programs for both lawyers and non-lawyers. He has been listed since inception in The Best Lawyers in America in the areas of trusts and estates, tax law, and non-profit/charities law. Pete has been “AV” rated by Martindale-Hubbell for over 25 years, and is also listed in Kansas-Missouri Super Lawyers in the area of trusts and estates






Mike Irvin,  Kansas Farm Bureau Legal Foundation, Manhattan, KS
Mike Irvin is the Director of Kansas Farm Bureau’s Legal Foundation.   Mike is a native of Goodland, Kansas, where he grow up on a farm and practiced law for over twelve years before he began his work with Kansas Farm Bureau.  He has an extensive background in commercial and civil litigation and public administration.  Mike earned an undergraduate degree in Business Finance from Kansas State University, a Masters in Public Administration from the University of Kansas, and a Juris Doctorate from Washburn University School of Law, Topeka, Kansas.  Mike, his wife Robin, and their three children, reside in Manhattan, Kansas.