Adam Hertzke is a member of the Faegre Baker Daniels business and corporate services practice and is an active member of the firm's food and agriculture industry team. Adam has broad experience in the food and agriculture industry representing clients in connection with commodity agreements, mergers and acquisitions, state and federal regulation, general contracting, lending, restructuring, bankruptcy and litigation support.  Adam regularly advises food and agriculture clients and those serving the food and agriculture industry as to the unique aspects of law affecting that industry, including federal regulation of commodity contracts, bankruptcy preference defenses, the application of the Food Security Act and other lien priority issues, state production contract laws, anti-corporate farming laws and foreign land ownership restrictions.  Adam also does a variety of work across industries, including mergers and acquisitions and lending. 

Work Experience

Commodity Agreements and Regulation. Adam has experience drafting domestic and international commodity procurement agreements on behalf of meat and poultry processors, dairy product manufacturers, vegetable companies, ethanol producers, grain elevators and industry trade organizations. In connection with this practice, Adam advises clients as to the application of state and federal commodity statutes and regulations, including the Commodity Exchange Act, Commodity Futures Trade Commission regulations, Grain Inspection, Packers and Stockyards Administration regulation, to their purchasing programs and assists clients in structuring purchasing programs compliant with those statutes and regulations.

Mergers and Acquisitions. Adam represents buyers and sellers in a variety of M&A transactions types, from purchases and sales of both private companies to carve-out transactions and joint ventures.

Finance.  Adam has assisted the firm's lending clients by drafting and negotiating the documentation for private financing transactions. Representative transactions include syndicated and non-syndicated multi-facility credit agreements and loan assignments.

Bankruptcy and Restructuring. Adam has represented firm clients in connection with counterparty bankruptcy and insolvency issues, including distressed loans and bankruptcy preference claims.

General Corporate Counseling.  Adam is involved in advising companies on general corporate matters including corporate governance, contract preparation and negotiation, financing issues, restructurings, and ongoing strategic, transactional and regulatory matters.

Prior to joining the firm, Adam interned at the Chicago Mercantile Exchange with an international derivatives brokerage firm. While interning with that firm, he assisted brokers in executing multimillion dollar options contracts and learned options trading strategies.

Professional Associations

• Iowa Bar Association
• Polk County Bar Association
• Greater Des Moines Leadership Institute — Class of 2010-11
• Justice for All Committee Member
• Big Brothers Big Sisters — Finance Committee Member

Legal Updates

•  What You Need to Know About Lien Priorities
  Pork Magazine (2011); Co-Author
• Vertical Coordination as a way to Capture Market Value
  Feed & Grain (2011); Co-Author
• A Changing Landscape for Nutrient Management Agreements
  Pork Magazine (2011); Co-Author
• The Impact of Contract Laws: How Grain Licensing and Financial Regulation Affect Your Contracts and the Markets
  Feed & Grain (2010); Co-Author
• Derivates Market Regulatory Overhaul
  Faegre Baker Daniels Publication (2010); Co-Author
• Lien Priority is More Important Than Ever
  Pork Magazine (2010); Co-Author