Equine Law

The equine industry is one of the largest industries that is hidden in plain sight. The annual impact of the equine industry is significant – involving some $300 billion dollars and 1.6 million full-time jobs worldwide. In the United States alone, it is estimated that the equine industry has a $122 billion impact on the U.S. economy and it is growing every year. The industry also provides a total employment impact of approximately 1.74 million jobs, and generates approximately $79 billion in total salaries, wages and benefits. The current number of horses in the United States stands at approximately 7.2 million. Texas, California, and Florida continue to be the top three states with the highest population of horses.

With the equine industry being such a large sector of the worldwide market, it is unavoidable that the industry faces many legal issues. Equine or Equestrian Law is a complex and multidimensional practice of law that has its own traditions, customs, and conventions. Our team “walks the walk” and “jumps the jump” in the equine world and has an in-depth knowledge of the industry. Our industry expert attorneys work closely with all the attorneys at Buchalter who have the requisite experience to make sure our clients’ needs are met to the highest satisfaction. Our attorneys utilize their knowledge, industry relationships, and in-depth understanding of the legal issues facing the equine world to help the firm’s clients succeed in a wide range of equine-related matters.

Buchalter is able to handle equine-related litigation and transactional matters that affect the daily operations and livelihoods of entities and individuals in the equine industry, such as real estate, labor and employment, general corporate and contractual matters, tax and estate planning, land use and environmental issues, intellectual property and branding issues, and government law and policies. Buchalter’s attorneys represent horse owners, trainers, riders, breeders, boarding and training facilities, veterinarians, and other equine industry players in a wide range of litigated and transactional matters.

The major areas of Buchalter’s Equine Industry Group include:
• Corporate
• Litigation
• Real Estate transactions
• Contracts, Partnerships, and LLCs
• Labor and Employment
• Tax Planning, Benefits, and Estate Planning
• Government, Regulatory, and Administrative Law and Policy
• Land use and Environmental law
• Intellectual Property and Branding
• Products Liability
• Financing
• Insolvency and Financial Law Group
• International business and trade
• Privacy and Data Security

The following are some examples of the type of matters in which Buchalter provides representation:
• Agent purchase and sale issues
• Auctions
• Bill of Sale Drafting and Issues
• Breeding Contracts
• Boarding Agreements
• Commissions Agreements
• Contract Disputes
• Counsel and representation before equine sport governing bodies
• Disciplinary Hearings
• Drug and Medication Rules Violations
• Employment issues (including employee vs. independent contractor issues)
• Equine Business formation, transactions and counseling
• Equine liens (also known as horse liens, agister’s liens, stablekeeper’s liens)
• Gaming and licensing issues
• Insurance policies and coverage disputes
• Jockey Issues
• Liability Releases
• Liens for Stablekeepers, Farriers, Veterinarians and others providing horse care
• Permitting and Construction of Equestrian and Polo Facilities
• Purchase and sale contracts
• Racetrack Issues
• Steward disputes
• Drug and Medications violations
• Labor disputes
• Racing and Licensing Regulation Issues
• Releases, Waivers and Liability Disputes
• Sales Commissions Disputes
• Syndication Agreements
• Tax and Value Adjustment Board applications and appeals
• Tax exemptions and other issues affecting equine businesses
• Trainer Liability
• Wage and Hour issues
• Zoning Applications and Zoning Appeals

Representative Experience

  • Representing top equine veterinary practice in general corporate matters
  • Draft contracts related to the purchase, sale, and lease of horses
  • Representing equine vets in various areas of their practice
  • Represented clients in IRS audits related to horse breeding and horse ownership
  • Represented trainer before the discipline governing body and USEF stemming from accusations of over schooling at a horse show
  • Defended a thoroughbred rehabilitation facility in a contentious personal injury lawsuit.
  • Sales and Acquisition of various equine facilities and equine properties
  • Negotiated lease of large show facility in California
  • Negotiated sale of large show facility in California
  • Advised on issues related to environmental concerns including water runoff at equestrian facilities, including working with governmental agencies including the Coast Keeper and Army Corps
  • Various acquisition and lease structures related to equestrian facilities
  • Obtained CUPs for structures (including covered arenas)
  • Rescission of horse sale contract where doping was discovered
  • Disgorgement of fees by trainer re commissions and failure to disclose
  • Negotiated a settlement between owner and trainer regarding a horse that got loose at the trainer’s facility and subsequently had to be euthanized
  • Advised owner/trainer of large show barn on employee classification and wage and hour issues
  • Prepared and revised employment and independent contractor agreements
  • Revised training contract and code of conduct for large show barn
  • Advised facilities owner on requirement state law postings
  • Advised owners/trainers on employee pay and leave issues
  • Prepared employee handbook for large show barn
  • Represent riding facility against personal injury claim based on a horse kick
  • Advised client on a property easement issue
  • Trademark work for horse farms and equestrian centers
  • Advised apparel manufacturers and clothing retailers in brand protection, trademark clearance and enforcement, and licensing transactions, including risk assessment of advertising campaigns and social media posts
  • Advised on tax issues related to horses
  • Advised clients with estate planning and wealth transfer tax issues related to ownership, purchase, and training of horses, including importation of horses from overseas