Matt Berger works with farmers, ranchers, food processors, and other businesses—both in the board room and the courtroom—to make sure their businesses are protected and can thrive. Matt provides outside general counsel services and general business advice for several agricultural businesses and trade associations; assists business with contract negotiation, drafting, and dispute resolution; and works on a wide variety of other legal matters that modern businesses must manage. Matt also represents farmers, ranchers, and other clients regarding land use, permitting, environmental, and regulatory enforcement matters involving federal, state, county, and local governments.

Practice Areas

Main Practices

Other Practice Areas

Experience

Outside General Counsel and Business Experience
- Serves as outside general counsel for Minnesota Pork Producers Association, Minnesota Corn Growers Association, and Minnesota Agri-Growth Council, Inc.
- Serves as outside general counsel or provides comprehensive business advice for numerous pork producers with operations located in multiple states throughout the Midwest
- Serves as board counsel for a large dairy cooperative with operations in multiple states throughout the Midwest
- Assisted multiple businesses of all sizes in drafting organizational documents and establishing and implementing governance procedures for new business organizations
- Represented livestock farmers and ranchers in negotiating and drafting agreements for acquisitions of real property, operating facilities, and existing business operations
- Negotiated, drafted, and reviewed numerous contracts, including marketing contracts between livestock farmers and packers, independent contractor agreements between livestock producers and contract growers, branding and custom processing agreements for branded meat products, wind and solar easement agreements, carbon contracts, and numerous other unique contracts
- Advised businesses on compliance with the Packers & Stockyards Act, corporate farming laws, Clean Water Act, and other laws, regulations, and permits governing environmental, zoning, antitrust, employment and worker safety, farm and small business programs, and other areas subject to strict government regulation
- Assisted multiple businesses and responding to crises such as fires, weather events, activist activities, and other outside events that threaten business operations
Litigation Experience
- Co-drafted amicus brief to the United States Supreme Court on behalf of state pork producer associations and farm bureaus from 11 states, and the Minnesota Agri-Growth Council, challenging the constitutionality of a California law that would regulate hog farmers throughout the country
- Represents a dairy farm challenging the denial of a variance from a county animal-unit cap to authorize an expansion of the dairy farm—obtained summary judgment declaring the denial of the variance void due to bias by the county board of commissioners and board of adjustment
- Defended an international swine genetics company in a breach-of-contract and agency liability case in which the plaintiff sought an award of approximately $2 million—obtained summary judgment dismissing all claims against our client
- Represented minority shareholder in claims against majority shareholders and company for violations of dissenters’ rights, breach of fiduciary duties, unfairly prejudicial conduct, and violation of member control agreement and operating agreement—following a bench trial, obtained judgments against the company totaling more than $1.1 million
- Represented community bank in lender liability case seeking an award of more than $17 million in damages—obtained summary judgment dismissing all claims against the bank and a judgment in favor of the bank totaling approximately $2 million on counterclaims asserted by the bank
- Represented beef farmer asserting claims against beef packer for violation of a cattle supply contract and the company who issued the payment bond securing payment for the cattle—obtained favorable settlement requiring payment to cattle farmer of $3.75 million
- Represented beef farmer in lawsuit against the Minnesota Pollution Control Agency after the agency wrongfully withheld a modified feedlot permit—MPCA issued permit after the lawsuit was filed
- Represented pork farmer in challenge to a township zoning ordinance—following a bench trial, obtained judgment declaring the township zoning ordinance invalid
- Represented beef farmer in administrative proceeding by Minnesota Pollution Control Agency claiming that farmer was required to obtain a feedlot permit to feed cattle on his crop fields over the winter months—obtain decision by Minnesota Supreme Court holding that an NPDES permit is not required to feed cattle on crop fields during the winter and limiting circumstances when SDS permit is required
- Represented bank in a breach-of-contract lawsuit claiming that the bank violated a participation agreement—obtained favorable outcome following a bench trial
- Represented multiple farmers in trespass and nuisance actions involving livestock facilities and spray drift issues
- Represented landowners and obtained favorable outcomes in multiple adverse possession and property boundary disputes

Honors & Awards

Super Lawyers2021-2023
Rising Star2014-2017

Associations

GreenSeem Board of Governors2022 - Present
New Ulm Turnverein (Turner Hall) - President2018 - Present