Funding Round for Zoox, a Sign of Increased Interest in Automotive Tech

Tim Higgins and Rolfe Winkler reported yesterday at The Wall Street Journal Online that, “Zoox Inc., the secretive Silicon Valley startup working to build its own self-driving cars, has quietly raised another round of funding that puts its valuation at $1.55 billion, a big jump from just a few months prior and a sign of increased interest in automotive technology.

“The Menlo Park, Calif., company founded by Tim Kentley-Klay, an Australian entrepreneur and designer, and Jesse Levinson, from Stanford University’s self-driving car program, raised $50 million in October, according to people familiar with the matter.”

The Journal writers noted that, “Founded in 2014, Zoox had already raised $240 million, including $200 million this past summer at a valuation of $1 billion, said the people familiar with the matter. Zoox hadn’t planned on raising more after that, these people said, but decided to capitalize on huge investor interest in the sector to sock away cash in case of an economic downturn.”

The Journal article explained that, “Investor interest has swelled following several high-profile advances in the self-driving industry. The technology being developed by Zoox is similar to efforts by Alphabet’s Google, which has already logged more than 2 million miles on public roads, and General Motors Inc.’s Cruise Automation, a startup that the Detroit auto maker acquired in a deal valued at $1 billion earlier this year.

“Uber Technologies began testing self-driving taxis in Pittsburgh this year and acquired Otto, a startup aimed at making semi-trucks fully autonomous. Tesla, which already has a semiautonomous system on the road that is seen as a major step toward self-driving, began shipping vehicles last month with the hardware included that could one day be enabled by software to make them fully autonomous cars.”

The Journal writers added that, “When Hong Kong-based AID Partners Capital Holdings Ltd. disclosed in May a $20 million investment in Zoox, the investment firm said it believed Zoox can deploy a fleet of fully autonomous vehicles by 2020 for ride-sharing services like those Uber offers.”

Posted in Start-up Company Law | Comments closed

House Members Seek Help for Struggling Dairy Farmers

In a news release from Friday, House Ag Committee Member Annie Kuster (D., N.H.) indicated that, “Today, [Rep. Kuster] wrote to the House Appropriations Committee with 15 other members of Congress, calling for action to assist struggling American dairy producers. Over the past two years, dairy producers have experienced a significant drop in milk prices, increasing the challenges that many American dairy producers are facing.

“‘As you continue to work on appropriations legislation for Fiscal Year 2017, we write to request your assistance for American dairy producers who have been struggling with near-record low milk prices and unstable domestic and international market conditions,’ wrote Congresswoman Kuster. ‘Specifically, we request the Committee to explore reimbursement options for enrolled producers within the Margin Protection Program (MPP), remove a funding prohibition currently in place within the U.S. Department of Agriculture (USDA), and direct the National Agriculture Statistics Service (NASS) to conduct a survey of state average feed costs.'”

A copy of Rep. Kuster’s letter, which was also signed by several other members of the House, is available here.

Meanwhile, Jim Martin reported today at the Erie Times-News (Pa.) Online that, “Few places in Pennsylvania have seen a more dramatic decline than Erie County, where the number of dairy farms fell 57 percent between 2002 and 2012, sliding from 170 to just 73. That’s according to the 2012 Census of Agriculture, which provides the most recent numbers available.

“The loss of dairy farms in other parts of the country has been more gradual, but substantial. In 2002, Pennsylvania was home to 9,629 dairy farms. Ten years later, that number had fallen to 7,829 farms. In Crawford County, 217 dairy farms became 181.

“Low prices, coupled with drought conditions in New England, contributed to the loss of 19 of New Hampshire’s 120 dairy farmers in the past few months, according to The New York Times.”

Mr. Martin added that, “As recently as 2014, dairy farmers were collecting some of the highest prices in history, said James Dunn, professor of agricultural economics at Pennsylvania State University.

“Farmers, who sell milk not in gallons, but in 100-pound increments, were collecting an average of $25.64 per hundred pounds or the equivalent of about $2.98 a gallon in 2014, Dunn said. In 2015, that fell to $18.48 per hundred pounds or $2.14 a gallon. For the first six months of this year, he said, the price fell to $16.45 per hundred pounds, about $1.91 a gallon.”

Graph From USDA-NASS, Agricultural Prices

And the most recent Agricultural Prices report from USDA’s National Agricultural Statistics Service (NASS) stated that, “The September all milk price, at $17.30 per cwt, is up 20 cents from August but is down 20 cents from September 2015.”

Posted in Agriculture Law | Comments closed

As Farmers Cut Back- the Doldrums Caused by Lackluster Prices for Crops Start to Ripple onto Rural Main Street

Tom Meersman reported today at the Minneapolis Star Tribune Online that, “Ed McNamara sat in the driver’s seat of his John Deere combine recently, musing about crop prices as he mowed through six rows of corn at a time.

“Thousands of Minnesota farmers have withstood stubbornly low crop prices during the past 27 months, and farmers’ average net income has been dropping steadily for the past three years. McNamara, who has been farming just south of the Twin Cities near Goodhue since 1978, has seen the farm economy cycle up and down several times and knows the drill when profit margins are slim to none.

“‘Tighten your belt, cut back on inputs but don’t hurt your yield, run machinery a little bit longer, and try to get the best deal for supplies,’ he said, including seed, fertilizer and other chemicals.”

Today’s article indicated that, “As farmers cut back, the doldrums caused by lackluster prices for crops and livestock have started to ripple onto the main streets of rural Minnesota. When farmers have less money to spend, it affects anyone who is selling farm equipment, marketing fertilizer, or building new barns, bins and sheds.

“Low commodity prices also put a squeeze on cash rents for land that many retired farmers or their families depend on for income.”

Mr. Meersman explained that, “But David Preisler, executive director of the Minnesota Pork Producers Association, said the direct effects of weak crop and livestock prices show up quickly in many small towns.

“‘The first ripple effect you see is going to be any sort of capital purchases that are more discretionary in nature,’ he said.”

The Star Tribune article added that, “The average spending for machinery and equipment in 2012 and 2013, when crop prices peaked, was about $117,000 per farm. That plummeted to about $67,500 in 2014 and $48,000 in 2015. Farm building purchases such as grain bins and hog barns had a similar drop-off, from about $36,000 per farm in 2013 to $21,000 in 2014 and $16,000 in 2015.”

Today’s article noted that, “If low prices persist well into 2017, [Harold Wolle, president of the Minnesota Corn Growers Association] said farmers with equity and experience will tough it out, while beginning farmers or those who have aggressively expanded and paid high rents will be more vulnerable.

“Ag lenders have been working with producers already, he said, sometimes charging interest only on farmland loans or devising other ways to stretch out payments. Helping cash flows temporarily are the federal farm program payments that many producers received last month because of market downturns in 2015, Wolle said.”

Posted in Agriculture Law | Comments closed

Farmers and Ranchers Take a Hit from Drought Conditions in Parts of the South

Cameron McWhirter reported in Saturday’s Wall Street Journal that, “Severe drought is hitting parts of the South, even as North Carolina and Louisiana experienced historic flooding this year.

“Although the drought has spared some major agricultural sectors, including the area’s large poultry industry, it has left livestock and hay producers scrambling.

“Ranchers raising more than 2.35 million cattle and calves in Alabama and Georgia, out of about 92 milllion nationwide, expect major losses. Hay production, valued in 2015 at about $369 million in those two states, could drop significantly.”

The Journal article noted that, “The drought—covering parts of Tennessee, Mississippi and the Carolinas in addition to Georgia and Alabama—has scorched pasture land, hurting cattle herds and farms across the region.”

Graph From The Wall Street Journal

“Some cattle ranchers here, including 58-year-old David Bailey, are selling off herds to cut expenses. ‘I have never been so stressed and aged,’ said Mr. Bailey, who also raises chickens.”

Saturday’s article added that, “Cotton, peanuts and other row crops have seen lower yields in drought areas, especially on nonirrigated land, said Jeffrey Harvey, the Georgia Farm Bureau’s legislative director.”

Posted in Agriculture Law | Comments closed

Trade, Exports Remain a Crucial Outlet for Grain, Soybeans

Financial Times writer Gregory Meyer reported yesterday that, “If trade has fallen into disrepute this US election season, no one bothered to tell the grain market.

Ships laden with millions of tonnes of US-grown wheat, corn and soyabeans have been leaving ports for destinations across the globe. Soyabean exports have been heavy enough to propel economic growth in the third quarter.

“For US farmers it is a welcome change from year ago, when the effects of a strong dollar and ample supplies elsewhere trapped some crops inside the country. Since the US consistently grows more food than it needs, exports are a crucial outlet.”

Graph From The Financial Times

The FT article explained that, “The exports come at an ugly time for US agriculture. Grain prices are depressed and farm income is the lowest since the global financial crisis. “

Posted in Agriculture Law | Comments closed

Startups Look to Perfect a Meatless Hamburger

Jacob Bunge and Patrick McGroarty reported yesterday at The Wall Street Journal Online that, “A new generation of startups is racing to solve a puzzle: how to make a juicy burger without harming a single steer.

“Food scientists are mixing pea, soybean and beet molecules into concoctions that mimic ground beef. Bioengineers are growing muscle tissue from animal cells in steel tanks.

“The question is whether either method can find favor beyond vegetarians and animal-rights activists among the U.S. consumers who overwhelmingly identify themselves as carnivores.”

The Journal article noted that, “‘The key to us isn’t to focus on those who’ve already chosen plant-based foods, but on those that really love a great-tasting burger,’ said David Lee, chief operating officer of Impossible Foods Inc., a Redwood City, Calif., startup that makes patties from molecules derived from potatoes, coconuts and legumes.

“Mr. Lee and others in the startup sector say that consumers have an appetite for foods that are easier on the environment to produce.”

Bunge and Patrick McGroarty pointed out that, “So far, chefs are charging $12 to $19 for Impossible Burgers of varying sizes, but Mr. Lee says the product would compete on price with conventional beef as production scales up. In 2014, it cost Impossible Foods about $20 to produce one patty, while conventional ground beef recently sold at wholesale for roughly $1.62 a pound, according to the U.S. Department of Agriculture.”

The Journal article added that, “Another pack of startups is growing meat without slaughtering a single animal. ‘We do have the ability, which plant-based products might not have, to produce an exact mimic,’ said Mark Post, co-founder of Netherlands-based Mosa Meat.

“Using self-renewing animal cells, scientists for Memphis Meats Inc., Mosa, and Tel Aviv-based SuperMeat are growing skeletal muscle in bioreactor tanks that can be harvested and formed into meatballs, burgers and chicken strips. The founders envision brewery-like facilities churning out ‘clean meat’ with a fraction of the water that poultry and livestock require.”

Posted in Agriculture Law, Start-up Company Law | Comments closed

Surprising Twist in the Evolution of Fintech- Partnering with Banks

Telis Demos reported in yesterday’s Wall Street Journal that, “Startups aiming to disrupt banks have been a decent bet for venture capitalists. But what do some think might be an even better bet? Banks.

“For the first time in over a decade, a group of Silicon Valley’s top venture firms are making a sizable bet on a deposit-taking U.S. bank. Battery Ventures LP, Andreessen Horowitz, and Ribbit Capital are investing $28 million in a fundraising round for CRB Group Inc., the holding company for eight-year-old Cross River Bank, according to the firms.”

The article explained that, “In many respects, Cross River looks like many other small lenders: It is a New Jersey-chartered community bank with one branch, in Teaneck. It makes commercial loans to businesses like specialty grocery stores in and around New York City, and offers personal savings and checking accounts.

“But the little-known bank, with $543 million in assets, has quietly risen to national prominence in tech circles. Since its founding in 2008, it has partnered with some of the highest-profile financial technology, or fintech, startups offering online loans and payments, such as Affirm Inc., Stripe Inc., and TransferWise Inc. It is also linked up with tech giants MasterCard Inc. and Google parent Alphabet Inc.

“Cross River uses its position as a chartered and Federal Deposit Insurance Corp.-member bank to do things that are tougher for nonbank firms under U.S. rules. That includes originating loans in any state and moving funds over the banking system’s rails on behalf of its partners or customers.”

Mr. Demos noted that, “The Silicon Valley firms’ pivot to investing in a bank is a surprising twist in the evolution of fintech. Many investors believed that banks were ripe for disruption by tech-first upstarts, in the same way that taxi cabs and hotels were upended by Uber Technologies Inc. and Airbnb Inc.

“But startups such as LendingClub Corp., which makes online loans, and Simple, which offers smartphone banking services, have ended up partnering with banks to varying degrees to grow their businesses.”

Posted in Start-up Company Law | Comments closed

Startup Digitizing the Claim Procedure for Flight Delays

Matthias Verbergt reported yesterday at The Wall Street Journal Online that, “A league of startup companies is industrializing the process of claiming compensation from airlines, helping stranded passengers turn the table on carriers and transforming delayed flights into a fast-growing stream of revenue.

“Launched in Denmark, AirHelp Ltd. offers to sift through your emails, check your booking information against effective takeoff and landing times for the past three years, and seek compensation you might not even know you were entitled to.

“The company promises to pick up all administrative and legal bills, and swiftly let customers know how much money they may collect—minus a cut of at least 25% it charges for fighting in their names.”

The Journal article noted that, “From lawyers to consumer-rights associations, compensation-claim intermediaries have been around for a long time but procedural costs typically exceeded potential rewards…[B]y digitizing the claim procedure, the likes of AirHelp, Flightright, EUclaim and Gate28 are transforming the business into a mass-service that could tilt the balance of power between airlines and passengers.

“The business is rising exponentially. EUclaim says it has collected €58 million (about $64 million) since 2007, including more than €20 million this year alone. AirHelp says it recovered €57 million on behalf of 800,000 passengers in the first six months of the year, compared with €28 million for 400,000 passengers between its creation in 2013 and 2015.”

Yesterday’s Journal article added that, “Passenger rights got a boost in 2004, when the European Union spelled out payments airlines had to make for flight delays or cancellations. Such compensation kicks in as soon as delays exceed three hours and can run as high as €600 a flight, making the EU one of the most passenger-friendly skies when problems occur.

“Because non-EU carriers departing from the EU also are subject to the European compensation rule, claim companies actively are trying to reach plaintiffs not just in Europe but world-wide.”

Posted in Start-up Company Law | Comments closed

Extension Paper: Transferring Business Ownership of Farm Assets

The Iowa State University Extension Service recently published a short overview paper titled, “Transferring Business Ownership.”

The Extension item indicated that, “Once the younger party has made a long-term commitment to farming, the parties should consider how to transfer control and ownership of farm assets. In many two-generation farming arrangements, the younger party begins by working for a fixed wage. Eventually, however, the younger party will want to become an operator, not just an employee. Achieving this requires that control and ownership of part or all of the farm assets are transferred to the younger party.”

The Iowa State University article went on to outline general principles for consideration with respect to transferring assets such as: machinery, breeding stock, ownership in grain and market livestock, and land.

The article also touched on strategic objectives and the different potential methods that could be implemented to transfer assets and noted that, “So a business transfer strategy must be developed before choosing a method for transferring ownership.

“The planning horizon for transferring farm business assets from the older party to the younger party is an important consideration when developing an ownership transfer strategy. It usually corresponds to the length of time the parties intend to farm together. Fast strategies transfer the business from the older party to the younger party quickly or at one point in time. Gradual strategies transfer the business over a period of years and are used when the two parties plan to farm together for an extended period of time.”

More specifically, the Iowa State article indicated that, “With a gradual business transfer strategy, the two parties farm together for a period of years. The younger party may join the business and form a multi-person arrangement or the younger person may spin off and develop a separate business but still jointly own machinery and/or livestock with the older party. The transfer of machinery and breeding and market livestock occurs gradually over this period of time. Methods for accomplishing this include a gradual sale, lease with option to buy, gradual sale with lease, gradual sale with gift, and others.”

Posted in Agriculture Law | Comments closed

Federal Crop Insurance’s 2016 Harvest Price Guarantees Settled

DTN writer Marcia Taylor reported yesterday at the Minding’s Ag Business Blog that, “Some last-minute flurries in corn and soybean prices this October will put a damper on 2016 crop revenue insurance claims. Federal crop insurance’s 2016 harvest price guarantees settled at $3.49 per bu. for corn and $9.75 per bushel for soybeans when markets closed today, although the Risk Management Agency won’t make that official until tomorrow. The spring guarantees for those crops were $3.86 and $8.85 respectively.

“For corn, that’s just enough to put most growers with slightly below normal yields in ‘no-man’s land’–still paying premiums but with revenue losses too low to trigger an indemnity. On revenue products with the harvest option included, federal crop guarantees use the higher of the spring or the fall price when determining revenue calculations. When fall prices are significantly lower than spring prices, as they were in 2013, it means growers need less–or sometimes minor–yield damage to collect revenue claims.”

The DTN update noted that, “In most of the country, yield reports of 10% to 30% above growers’ Actual Production Histories also make crop insurance payouts largely moot this year. According to the Risk Management Agency, indemnities claimed as of mid-September totaled only $911 million nationwide, less than half the claims of a year ago and about 10% of 2014 levels.”

Posted in Agriculture Law | Comments closed