How Technology Is Changing Farming Practices
The agriculture industry has undergone a radical transformation driven by advances in technology. From precision farming tools and artificial intelligence (AI) to biotechnology and drone systems, technological innovations are reshaping how food is grown, processed, and distributed. This transformation is necessary as food demands increase and environmental challenges—such as climate change and resource scarcity—demand new solutions. The integration of technology into agriculture offers the potential to increase productivity, improve sustainability, and enhance food security. To effectively represent AgTech clients, lawyers must understand some of the more common uses of technology in the industry. These technologies include (1) precision agriculture, (2) the use of drone technology, and (3) AI. These technologies are discussed in more detail below.
Precision agriculture, one of the most significant technological advancements in farming, involves the use of technology to monitor and optimize agricultural inputs such as water, fertilizer, and pesticides. By utilizing data from sensors, GPS systems, and satellite imagery, farmers can make more informed decisions about how much water, fertilizer, or pesticide to apply, where to apply it, and when. Key technologies in precision agriculture include soil sensors, GPS and GIS systems, variable rate technology (VRT), and drones and satellite imaging. Most farms today utilize some form of this technology.
Drones have rapidly become one of the most impactful technologies in agriculture, allowing farmers to monitor their fields in unprecedented detail. Equipped with high-resolution cameras and sensors, drones can capture images and collect data that help farmers assess crop health, detect irrigation problems, and monitor pest infestations. Drones can create detailed maps of a farm’s fields, allowing farmers to assess soil conditions, crop health, and plant growth in real time. With multispectral cameras, drones can detect signs of pests or diseases that may not be visible to the naked eye, enabling early intervention. Some drones are equipped with spraying mechanisms that can precisely apply fertilizers or pesticides, reducing waste and minimizing environmental impact.
AI plays an increasingly important role in the agriculture industry, providing farmers with powerful tools for analyzing data and automating decision-making processes. AI can analyze vast amounts of data—from weather patterns and soil conditions to crop growth rates—enabling more efficient and accurate farm management. Predictive analytics AI models can predict future trends in crop yields, weather conditions, and pest infestations, helping farmers plan for optimal planting and harvesting times. Automated AI-driven machines, such as autonomous tractors and harvesters, can operate with minimal human intervention, reducing labor costs and improving operational efficiency. Robots equipped with AI can be used for tasks such as planting, weeding, and harvesting crops. These robots can work continuously and with high precision, reducing the need for manual labor and increasing productivity. Finally, AI-powered image recognition software can analyze drone or satellite images to detect signs of crop diseases or pest infestations early, allowing for timely intervention. As with most industries, AI promises to change this industry from the top down.
Mitigating Risk and Liability
Agriculture is inherently risky due to its dependence on weather, environmental conditions, and other factors outside human control. The introduction of technology adds additional layers of risk, such as software failures, data breaches, and product liability issues. As legal counsel, you must help clients identify and mitigate these risks. The same technological advancements that can enhance crop yields, optimize resource usage, reduce environmental impact, and improve supply chains also bring with them a variety of legal and business risks that must be managed carefully to ensure that AgTech companies can thrive in this fast-changing environment.
For example, AgTech products—particularly those involving biotechnology or machinery—may be subject to product liability claims if they malfunction or cause harm. Lawyers must ensure that clients have appropriate product liability insurance and that contracts include indemnification clauses to protect the company from legal exposure. By providing proactive legal counsel and risk management strategies, lawyers can help farmers and AgTech companies protect their innovations, avoid costly disputes, and maintain compliance with complex regulations. Moreover, lawyers should ensure that their clients have a clear data privacy policy and implement strong data protection measures and data-sharing agreements that specify how data can be used and who has access to it.
When contemplating risks, lawyers must consider agriculture’s complex regulatory environment. Agriculture is a highly regulated industry, and the introduction of new technologies adds several layers of complexity. To provide effective representation, you must be familiar with these agricultural regulations. Key regulatory bodies in the agriculture sector include the U.S. Department of Agriculture (USDA, which oversees farming practices, food safety, and rural development), the Food and Drug Administration (FDA, which regulates food safety, including biotechnology products such as genetically modified organisms (GMOs)), and the Environmental Protection Agency (EPA, which enforces environmental regulations that impact agricultural practices, including pesticide use and emissions from agricultural operations). Understanding the rules and regulations imposed by these bodies is critical when dealing with AgTech cases, especially when representing clients involved in food production, livestock, or GMOs. AgTech often falls under additional regulations, including those related to data collection, cybersecurity, and intellectual property. For example, AgTech companies that collect data on farm operations or use drones for aerial surveys must comply with privacy laws and Federal Aviation Administration (FAA) regulations. Understanding your client’s regulatory burden is critical for protecting them from hefty fines and other penalties.
Finally, AgTech attorneys must assess whether all necessary permits, licenses, and certifications are in place. Legal counsel must continuously probe their client for potential regulatory violations that could form the basis of litigation or provide the opposing party with arguments for noncompliance. If any violations are found, counsel must carefully guide their client back into compliance.
Contractual Considerations
Contracts are fundamental in any industry; however, the mix of agriculture and technology makes contractual agreements more complex. Lawyers must draft and review contracts that address the unique risks and responsibilities associated with the development, deployment, and use of agricultural technology. For example, many AgTech companies license their technology to third-party users, including farmers, distributors, and other technology companies. Licensing agreements must be drafted to clearly define the scope of use, restrictions, and ownership of IP rights. If your client uses technology that involves software, you must ensure that the terms of the software license are clear, particularly regarding the rights of users to modify or distribute the software. For physical technologies such as drones or robotic equipment, leasing agreements should cover such issues as liability, maintenance responsibilities, and the duration of the lease. These agreements should also comply with data privacy laws, ensuring that clients are not exposed to legal risks associated with improper handling of sensitive information. The contractual considerations largely depend on the technology involved. Lawyers must identify all the relevant issues that technology presents to the contract.
Litigation: Preparing for Your Case
Preparing for a lawsuit involving AgTech means navigating a complex legal landscape where agricultural practices and advanced technologies converge. Lawyers must approach these cases with a deep understanding of the technology involved, as well as knowledge of regulatory frameworks, intellectual property protections, and product liability risks. Additionally, careful attention to relevant contracts, evidence preservation, and environmental considerations will help build a robust legal strategy. By taking a proactive approach and leveraging expert insights, lawyers can effectively represent AgTech clients and mitigate the legal risks associated with this rapidly growing industry.
Understanding the Tech
In order to effectively represent your AgTech client in litigation, it is crucial to grasp how these technologies are applied within agriculture and the unique challenges they pose. AgTech involves the use of advanced technologies such as AI, robotics, drones, blockchain, and big data analytics to improve various aspects of agriculture, from crop management to supply chain optimization. The AgTech sector is rapidly evolving, and new technologies and regulatory frameworks emerge regularly. To provide effective representation, lawyers must stay informed about the latest industry trends and legal developments. This involves continuous education, attending industry conferences, and networking with professionals in both the agriculture and technology sectors. Additionally, lawyers should consider developing partnerships with experts in agriculture and technology to better understand the technical aspects of their clients’ operations. Collaborating with agronomists, engineers, and data scientists can help lawyers build stronger cases and provide more informed legal advice. You must be able to identify applicable industry standards or best practices, particularly with respect to biotechnology, drone usage, data collection, and environmental impact. Cultivating a strong knowledge base regarding the technology relevant to your case will help you anticipate challenges or defenses based on claims of deviation from standard practices.
Jurisdictional Considerations
AgTech companies often operate across state or national borders, raising complex jurisdictional questions. Additionally, some contracts may include forum selection clauses or arbitration agreements that dictate where and how disputes are to be resolved. Lawyers must first determine whether any contracts contain forum selection or arbitration clauses that dictate where the litigation must take place. In cases involving international AgTech companies or products, ensure compliance with local laws and regulations and consider any relevant international treaties or trade agreements. Always take time to identify the most favorable jurisdiction for your client, accounting for factors such as the location of key witnesses, governing law, and potential jury biases.
Identifying and Preserving Key Evidence
AgTech lawsuits often involve highly technical data and records that need to be carefully preserved and analyzed for litigation. Lawyers must ensure that critical pieces of evidence are identified, collected, and safeguarded. Given the technological nature of AgTech, much of the evidence may be digital, such as software codes, drone footage, precision farming data, or IoT (Internet of things)–generated reports. Lawyers must ensure that relevant electronic data is preserved through effective litigation holds. AgTech companies often interact with complex supply chains involving farmers, distributors, and retailers. Lawyers must gather contracts, purchase orders, product records, and communications along the supply chain to trace any issues related to the lawsuit. If the dispute involves biotechnology or agricultural products, the lawyer must collect relevant testing and lab data. This may include environmental impact assessments, soil health reports, and crop yield analyses. It is important to maintain a clear and documented chain of custody for all evidence, ensuring its integrity and admissibility in court.
Other Litigation Considerations: A Real-World Example
Advancing technology may trigger litigation indirectly. In a matter that I recently litigated, farm employees sued their employer for racial discrimination, employment discrimination, and violation of several immigration statutes. On its face, this case would appear to be a labor and employment/immigration matter. The facts, however, revealed that the lawsuit revolved around the farm’s use of AgTech.
The farm utilized precision agriculture technology. Specifically, the farm used tractors that were guided by GPS satellites. As one might imagine, this technology requires computer-savvy operators. As the farm shifted toward this technology, older employees found it difficult to operate the technology. As such, the farm was forced to search for younger employees who were able to operate the tech. The older employees alleged that the farm was actively discriminating against them by replacing them with younger employees. (The plaintiffs also alleged other forms of discrimination in this lawsuit, including racial discrimination.) Litigating this matter required detailed knowledge of precision agriculture technology. It was also very important to have a comprehensive understanding of the relevant labor and employment laws that the farm was alleged to have violated. Finally, my team remained in constant contact with the client in order to learn as much about their operations as possible. These conversations helped us understand the nuances of their farming operations with the technology and helped us craft valuable defenses. As the technology continues to advance and the disruptions it causes spread, lawyers will see more cases like this.
A Fast-Changing Sector
Representing clients in cases that involve both agriculture and technology requires a deep understanding of both industries and the unique legal challenges they present. From navigating complex regulatory frameworks to mitigating risk and drafting complex contracts, lawyers must boast a wide range of legal skills to effectively advocate for their clients. Lawyers need to stay informed about industry trends by attending conferences, maintaining relationships with experts, and keeping in frequent communication with their clients. As demonstrated above, technology can create issues across several other areas of law, such as labor and employment. The fast-paced changes in the AgTech sector warrant effective counsel to guide these important clients.
