Equine Law Essentials: Liability, Business Protection, and Growth Strategies (2025 Edition)

Julie Fershtman | Foster Swift Collins & Smith

Julie I. Fershtman is a Shareholder with the Foster Swift Collins & Smith, PC, in Michigan, where she serves a nationwide clientele of businesses, insurers, associations, and horse owners on equine liability, contract, fraud, business, and insurance disputes. Her practice also includes commercial litigation, insurance law, insurance coverage, products liability, and personal injury defense. She has tried Equine Law cases before juries in 4 states and has served as pro hac vice counsel in 20 jurisdictions.

She is listed in The Best Lawyers in America® in categories of Commercial Litigation and Insurance Law and has been listed in Michigan Super Lawyers® as well as in its list of Michigan’s “Top 100 Super Lawyers” and “Top 50 Women Super Lawyers.” Michigan Lawyer’s Weekly named her to its 2024 “Hall of Fame” and previously singled her out as its “2016 Woman of the Year.” The ABA awarded her its “Excellence in the Advancement of Animal Law” Award. She is a past President of the 46,000-member State Bar of Michigan and served on the ABA House of Delegates. She is a past Vice Chair of the ABA-TIPS Animal Law Committee.

A frequent author and speaker on Equine Law, her speaking engagements span 29 states. In addition, she has written over 425 published articles and 4 books on Equine Law. The ABA published her newest book, Equine Law and Horse Sense, which received four national book awards. She graduated from Emory College and Emory Law School.

Allison Eklund | Eklund Law

Allison Fabyanske Eklund has been practicing law in Minnesota since 1998. After almost a decade in litigation and a national practice in Federal Indian law, she started Eklund Law, PC in 2007 to combine professional experience with personal interest in horses and contacts in the horse industry. Her exposure to a broad variety of legal issues supports a diverse solo practice focusing on equine public policy and business law as well as estate planning and legacy lands. Since 2006, Ms. Eklund has offered award-winning estate planning presentations for landowners in collaboration with the University of Minnesota Extension. Her experience in equine land use issues has led to successes in Minnesota tax court, zoning and conditional use permit disputes. As attorney for the Minnesota Horse Council, Ms. Eklund has been instrumental in passing property tax, land use, and agricultural legislation favorable to horse owners and equine businesses. She has formed numerous equine nonprofit organizations, including the Minnesota Stable Owners Association, MQHA Foundation, and MHC Foundation. On behalf of the Minnesota Horse Council and its related nonprofits, Ms. Eklund works to encourage best practices as well as to educate and inspire the public about the benefits and enjoyment of working with horses.

Robert C. Webb | Frost Brown Todd

Seasoned veteran attorney, Bob Webb, applies savvy strategies when dealing with IRS matters to help you achieve your best outcome.

Bob was President of the Tax Bar Association, he has spoken at the American Bar Association Criminal Tax Institute for many years, and he is one of the top advisors on how to litigate and resolve complex hobby loss cases in all different types of businesses. Growing up in Kentucky, Bob has particular expertise resolving multi-million-dollar tax cases involving the thoroughbred and quarter horse industries.

Bob deeply understands how to work with the IRS based on his experience working for the Department of Justice Civil Tax Division, where he had an insider’s view of how the IRS and the Department of Justice pursue taxpayers for criminal and civil tax violations. Armed with this knowledge, Bob knows how to prevent taxpayers from being audited by the IRS and how to litigate and resolve complex tax disputes across a wide variety of situations.

Bob attended Georgetown University Law Center where he obtained his Master of Law and he also taught federal taxation of entities for Bellarmine College. Additionally, Bob authored the first criminal tax practice monograph for the University of Kentucky College of Law.

Session I – Equine Liability Laws: Navigating EALAs, Negligence, and Insurance for the Equine Industry | 1:00pm – 2:00pm

• The 48 state EALAs, common characteristics, exceptions that could allow liabilities, and sign posting and contract language requirements, and national trends
• Negligence liability in non-EALA states (California and Maryland) and some states with EALA negligence exceptions
• Liabilities of boarding and training stables for horses owned by others
• Liability insurance coverages unique to the equine industry and avoidable insurance coverage disputes

Break | 2:00pm – 2:10pm

Session II – Equine Business Protection: Crafting Waivers, Rules, and Risk Management Plans | 2:10pm – 3:10pm

• Key elements for waivers and releases in boarding, training, and event contracts
• Establishing and enforcing stable rules for liability management
• Risk management strategies for equine businesses
• Crisis management and emergency response planning for equine related incidents

Break | 3:10pm – 3:20pm

Session III – Building Your Equine Business: Legal Structures and Tax Strategies | 3:20pm – 4:20pm

• Legal structures for equine businesses: Syndication, corporation, and LLC formation
• Tax planning and compliance issues for equine businesses
• Optimizing business structure to maximize legal protection and tax efficiency