; (B) to pursue all damages available under applicable law; and (C) to seek an award of attorneys’ fees, if available under applicable law. (3) Termination of a poultry growing arrangement or swine production contract with no basis other than an allegation that the poultry grower or swine production contract grower failed to comply with an applicable law, rule, or regulation. (4) A representation, omission, or practice that is likely to mislead a livestock producer, swine production contract grower, or poultry grower regarding a material condition or term in a contract or business transaction. (d) Undue or unreasonable preferences, advantages, prejudices, and disadvantages (1) In general Acts by a packer, swine contractor, or live poultry dealer that violate subsection (b)(2) include the following: (A) The execution, termination, extension, or renewal of a contract or agreement that materially disadvantages a livestock producer, swine production contract grower, or poultry grower unless the packer, swine contractor, or live poultry dealer can show, by a preponderance of the evidence, that the acts were predominantly motivated by— (i) compliance with applicable regulations; (ii) a distinct and materially disadvantageous change to the financial relationship with the livestock producer, swine production contract grower, or poultry grower