Cameron Caprio, the founder of VentureMFO, joins Nate Snyder, David Ness, and Adam Brown to discuss Family Offices and the strategic business and wealth management options they can provide for high-wealth individuals, including business leaders, athletes, and entertainers. The group discusses the mechanics of family and multi-family office structures, how to create these business entities, and how they operate. They also address the strategic advantages of bringing together a team of advisors to help with taxes, income and cash flow management, overall management, employment considerations, retirement planning, charitable giving, risk management, disability and other insurance options, and much more. Specific topics include charitable accounts, donor advised funds, foundations, charitable funding, disability planning, social capital and brand management, financial planning and structures, income taxes, multiple tax filings, residency considerations, tax deferred accounts, payroll and employment issues, retirement and next-stage planning, and "jock taxes." Ultimately, family offices allow high-wealth individuals to assemble a team of trusted advisors to handle the business side of their lives, which allows them to focus on their craft and perform their best in the boardroom, the studio, or the arena.

What are the current legal issues facing youth sports organizations? In this episode, Nate Snyder and Adam Brown discuss the variety of legal services, assistance, and advising that youth sports organizations and other sports businesses and organizations need but may not know about. They first discuss corporate and nonprofit formation and governance issues, including forms, formalities and requirements, governance documents and bylaws, onboarding, turnover, risk management, litigation preparation, and more. Then the team discusses vendors and sponsors, agreements needed, and sponsorship structures. In addition, Nate addresses some of the things to consider with arena and facility licensing and development.

Nate and Adam move on to discuss “employment” issues, including coaches, officials, employment law considerations, HR issues, board of directors, independent contractors, volunteers, employees, dispute resolution processes (including appeals), and necessary structures to address any type of issues that may arise in this area. Nate also provides insight into current trends in youth sports, including outside investments, private equity, charitable gambling, and some of the large dollar interests involved with youth sports. 

There are so many legal issues that sports organizations need to think about and address, especially when there is so much turnover as volunteers and members move in and out of the system. An attorney can help create processes, systems, and procedures to help provide stability, manage risk, plan for succession, and help organizations improve their function, which allows for more focus on the sports experience and the improvement of the players on the field.

In this episode, Daniel Wyatt and Adam Brown discuss estate planning strategies for potential periods of incapacity. Have you asked questions like these before: “Who can make medical decisions for me if I cannot?” “Can I help my adult child with medical and financial issues if they are incapacitated?” Daniel outlines strategies and planning documents available to help with healthcare and medical decisions, financials, and legal issues when the primary decision maker is incapacitated. Daniel and Adam talk about a variety of documents and tools, including Health Care Directives (medical power of attorney, advanced medical directive, living will), Power of Attorney (financial power of attorney, durable power of attorney), HIPAA releases, and more.

Daniel addresses the process for executing, distributing, and retaining these planning documents, and the flexibility, options, and creativity involved with this type of planning. He also discusses cancellation and termination of these documents and permissions.

Planning for major life events such as medical care and treatment, children reaching adulthood, and others can be very important and can save loved ones a great deal of difficulty as they try to help. Daniel also talks about the additional benefits and uses for these types of documents, and the importance of working with an attorney on these types of documents because of the broad range of planning options available.

Minnesota’s statewide paid family and medical leave program (PFML) goes into effect January 1, 2026. By the end of 2025, every covered employer must have a compliant PFML policy in place. Is your organization ready?

In this episode, Natolie Hochhausen and Adam Brown discuss the history of this legislation and the PFML program’s evolution, compliance deadlines, program mechanics, coverage and application, employee benefits, benefit caps and payment scales, the lack of a small employer exception, compliance options for employers (including opting in to the state’s program, creating your own plan, or purchasing a third-party coverage plan), notice requirements, workplace posters, earned sick and safe time, handbooks, ADA and FMLA overlap, and more. This is a complicated program. Almost every employer in Minnesota is covered, and they will need to make at least some changes to their policies, procedures, handbooks, and more. So, it is time to start working on your organization’s PFML policies now!

V. John Ella and Adam Brown discuss defamation and reputation protection in Minnesota. John provides a definition of defamation (including a discussion of the somewhat antiquated terms “libel” and “slander”), lays out the elements of any defamation claim, and addresses defenses, statements of opinion, defamation v. disparagement, and so on. The team also discusses online reviews and responses, along with the FTC's new regulations regarding online reviews, fake reviews, and other online trends.

John talks about the realities of damages in defamation claims, and he discusses per se damages as well. John also discusses freedom of speech and public policy issues, and he talks about litigation trends such as using litigation as a bullying tactic. Finally, John and Adam discuss Anti-SLAPP laws. SLAPP stands for Strategic Lawsuit Against Public Participation, and Anti-SLAPP laws are designed to encourage participation and help avoid litigation as a bullying technique. Minnesota recently passed its own Anti-SLAPP law called the Minnesota Uniform Public Expression Protection Act.

Nate Snyder, Adam Brown, and our law clerk, Erick Kriewaldt, tackle the legal landscape surrounding high school sports, athlete transfers, and NIL (Name, Image, and Likeness) compensation. They break down a California antitrust lawsuit challenging high school athletic transfer rules, examine Minnesota State High School League policies, and discuss how NCAA transfer portal regulations affect college athletes. With insights on eligibility appeals, NIL contracts, student-athlete rights, and compliance risks, this episode is a must-listen for athletes, families, schools, and sports organizations navigating today’s complex legal environment.

It's finally Cabin Season! In this episode of the podcast, David Ness and Adam Brown sit down to discuss estate planning strategies for cabins, family farms, condos, and other types of property and unique assets. As David said, the goal of planning is to avoid a mess, so he and Adam talk about ways to ensure that cabins and unique assets pass from one generation to another without the mess. Learn more about succession planning, co-ownership challenges and strategies, concerns about estate, gift, and capital gains taxes (including carryover basis), risk protection, liability, valuation and appreciation, controlling interests and ownership structures, payment considerations, cabin trusts, LLCs, revisions and amendments, and more. David talks about the important decision to transfer the property as part of a lifetime gift or as part of the estate after death. He also discusses the key strategy element: establishing a Cabin Fund.

Nate Snyder, Adam Brown, and our intrepid law clerk, Erick Kriewaldt, analyze the House v. NCAA case, which is groundbreaking litigation in the NIL and college sports arena. The team talks about the settlement hearing and the concerns raised by the judge, potential future litigation, testimony raised, the complexities of the case itself and the classes of clients involved, including former college athletes, and the impact the settlement could have on future college athletes. Nate, Erick, and Adam also talk about the $20.5 million cap per school, roster caps, potential Title IX issues (that are not being addressed right now), backpay for former athletes, antitrust issues, the transfer portal, Dr. Evil, Rudy, and more! Make sure to stretch, and get ready for this college sports episode of the FMJ Law Podcast.

In this episode, Nate Snyder and Adam Brown talk about recent legal developments in sports. They start with a discussion of the types of clients we represent at FMJ Law, from owners and athletes to conferences, leagues, teams, and local associations. Nate and Adam also talk about the Minnesota Timberwolves ownership changes, including legal issues, sale structure, disputes, and arbitration. And they talk about the NBA's possible expansion into Europe, private equity and its increased involvement in college and professional sports, and developments in the WNBA. This episode is a full-court press of basketball talk (sorry, we couldn't resist).

Let the Madness begin.

In this episode, Nate Snyder and Adam Brown discuss the legal considerations involved with hosting a tournament, concert, show, or other event. Nate talks about the work he does with a variety of organizations, from huge sporting conferences and entertainment organizations to local youth sports organizations, and he discusses some of the initial considerations for hosting an event. Nate and Adam also go through so many of the other considerations involved, including RFPs/bids, concessions, sponsors, vendors, volunteers, venues/locations, municipalities, finances, revenue, fundraising, tax considerations, unions, insurance, risk management, liability concerns, and all of the contracts, agreements, policies, and procedures that go into trying to manage everything. With regard to local and youth sports associations, Nate and Adam also talk about the importance of succession planning, transitions, training, bylaws and policies, and more.

David Ness joins Adam Brown to discuss new developments in estate planning in 2025 including federal exclusion amounts, federal exemption amounts, state exemptions and considerations in Minnesota (including the three-year look back period), and gifting strategies.

Dave also talks about the potential January 1, 2026 sunset for the Tax Cuts and Jobs Act, potential changes with the new administration and changes in the U.S. government, the proposed federal Death Tax Repeal Act, and potential changes in Minnesota. In addition, Dave outlines current trends such as non-probate conveyance, delays in the probate system and the reasons more people are turning to trusts and other non-probate options, and advantages of other planning options such as the Spousal Lifetime Access Trust (SLAT). Dave also explains the intricacies of calculating the value of an estate and someone’s “worth upon death,” inefficiencies in the probate process and associated costs, and unique asset planning (e.g., cabins, closely held businesses, farms, etc.).

Finally, Dave and Adam talk about the current status of the Corporate Transparency Act and Beneficial Ownership Information (BOI) reporting as it continues to work through the litigation process.  CTA UPDATE: Since this episode released, a Texas federal judge stayed his order barring enforcement of the CTA’s BOI reporting requirements. In response, the Department of the Treasury announced that most companies are required to comply with BOI reporting by March 21, 2025. The CTA’s status could change yet again, but if you have an LLC or other business entity, you will likely be required to meet these new deadlines. Please click here to learn more.

Nate Snyder and our legal extern, Erick Kriewaldt, sit down with Adam Brown to talk about influencers.

During this episode, the team talks about the definition of "influencer," an influencer's role in branding and marketing, "athlete creators," sponsored content, affiliate marketing, revenue and monetization, group licensing, types of sponsorship agreements, and strategies when creating or reviewing a sponsorship agreement. The conversation also covers applicable regulations (including FDA and FTC), ownership and content rights, commercial content, visa and employment concerns, potential legislation, and the legal framework and considerations for influencers and athlete creators. In addition, the team talks about the ways that FMJ can help influencers, athletes, and brands/businesses that are working in these spaces.

David Ness joins Adam Brown to talk about hot topics in estate planning right now, especially the sunset of the Tax Cuts and Jobs Act of 2017 and Beneficial Ownership Information (BOI) reporting under the Corporate Transparency Act (which applies to almost anyone that has a business or holds property in an LLC or other business entity).

Dave provides a primer on estate and gift taxes to help explain the process and strategies to consider as part of an overall estate plan. This includes caps, exclusions, exemptions, and other background information. Dave also talks about the sunset of the Tax Cuts and Jobs Act at the end of 2025, which will increase the number of estates subject to federal estate taxes. And Dave compares state and federal estate tax considerations. For example, Minnesota includes a three-year lookback period for gifts. Dave also addresses planning for potential changes in residency.

In addition, Dave talks about some of the current trends with core planning strategies, he outlines considerations such as beneficiary designations and power of attorney, and he discusses one of the most popular planning strategies right now, the Spousal Lifetime Asset Trust (SLAT).

Dave and Adam then switch gears to discuss the Corporate Transparency Act (CTA) and the upcoming deadline for Beneficial Ownership Information (BOI) reporting. Most LLC or small business entities need to submit a BOI report before January 1, 2025, and this includes anyone that holds property (including the family cabin) in an LLC or business entity. Dave outlines reporting considerations, the definition of beneficial owners, required reporting information, and potential exemptions. FMJ has been helping a number of clients to complete the reporting requirements, to analyze whether they need to report in the first place, and to prepare tracking structures in case updated reports might be needed in the future.

There have been so many recent developments in the legal landscape of college athletics. Nate Snyder sits down with Adam Brown to help Adam make sense of it all. Plus, they are joined by FMJ's legal extern for the Fall Semester, Erick Kriewaldt. During this episode, the team talks about conference restructuring (including the apparent success for the Big 10 and the issues for the Mountain West and Pac 12), contracts and agreements between conferences, potential poaching fees, lawsuits and potential damages, antitrust issues, redshirt questions and developments (including the recent situation at UNLV), collectives, NIL developments and issues, player and athlete empowerment in college sports, boosters and new guidelines/definitions in that space, new developments in the House v. NCAA case, and more. Phew! There is so much happening on and off the field, and FMJ is here to help.

Jamie Briones and Adam Brown are back to discuss additional topics and items that arise in pre-litigation stages. Specifically, they talk about document management and retention, communications (including emails and texts), contracts or evidence of agreements between parties, attorney-client privilege, and confidentiality. Jamie also goes through the settlement process and what goes into a settlement agreement, including provisions such as payments and terms, releases, and non-disparagement provisions.

Click below to listen to Episode 24, or you can find us on most major podcast platforms. Also, check out Episode 18: Pre-Litigation (Part 1).

Natolie Hochhausen and Adam Brown analyze the new pay transparency law in Minnesota, which requires covered employers to include wage/salary ranges and benefit information in job postings.

Natolie and Adam discuss covered employers, requirements under the new law, its effective date (spoiler alert - it's January 1, 2025), and the policy behind pay transparency laws. They also discuss the impact this law will have and the numerous questions it raises, including compliance and enforcement issues, potential penalties, if any, the level of detail and information that will be required, and the lack of specificity in the law as it is currently drafted. This new law will likely have a significant impact on covered employers, and it is time to start thinking about strategies now.

In this special episode of the FMJ Law Podcast, Bob Fafinski takes a look back at the history of the firm and talks about its bright future. Bob and Adam Brown discuss Bob's career trajectory, the origin story of FMJ, the firm's practice philosophy, the keys to success over the years, and the next steps for the firm.

Bob also talks about his entrepreneurial spirit, the need for attorneys to have a "servant's heart," the importance of creating strong professional relationships with clients and colleagues, and his overall practice philosophy. Bob discusses changes in the legal industry over the years, moves that have worked well for the firm, and transitioning from operator to owner. This was a fun conversation, and it was great to hear Bob talk about building a successful business, the firm's dedication to serving the middle market, and providing sophisticated legal service at a compelling value. It was also fun to listen to Bob as he reflected on working with so many great people and friends over the years, and as he looked ahead to the future of FMJ.

Are you thinking of buying or selling a business? In this episode, Rob Fafinski and Adam Brown go through the transaction process from start to finish. Rob breaks down a deal at each step along the way, on both the buy and sell side, including asset deals, equity/stock deals, entrepreneurship through acquisition (ETA), and self-funded searches. Rob and Adam talk about letters of intent (LOI), EBITDA analysis, SBA loans and conventional lending, financial diligence, quality of earnings (Q of E), negotiations, legal due diligence, purchase agreements, earnouts, promissory notes, indemnity, warranties, disclosure schedules, and the closing process.

Rob also discusses a number of other considerations involved when a business is sold, including ongoing management of the business, HR & employment considerations, employee benefits, real estate matters, leasing, third-party contracts, leasing, funds flow, insurance and risk management, potential litigation or liability questions, carve outs, indemnification agreements, enumerated liabilities, and more. Rob and Adam also talk about the importance of building strong, lasting client relationships and trying to make this complicated and very involved experience as positive as possible for everyone involved.

Nate Snyder and Adam Brown discuss the recent 2.8 billion dollar settlement the NCAA has entered into in multiple class action lawsuits, including House v. NCAA, Hubbard v. NCAA, and Carter v. NCAA. These were cases based in antitrust law, and the settlement is still subject to approval by a Federal Judge. The settlement does not necessarily establish legal precedent, but it does give some indication as to what the NCAA will do in the coming years, and it opens the door to a model that is much closer to a "pay-for-play" setup. There are other antitrust-based cases that are not part of this settlement, including the Fontenot case, and there are other employment and unionization cases pending in other areas. Nate and Adam talked about what could happen going forward with all of these cases, and they discussed this settlement's potential Title IX implications, its possible impact on the transfer portal and collectives, what will happen with so-called "non-revenue" athletes and sports, and other emerging areas to watch going forward.

V. John Ella and Adam Brown discuss Executive Compensation in Minnesota and the United States.  John and Adam talk about a variety of topics in the Executive Compensation and HR space, and they cover a wide range of topics, including the definition of what makes an "executive," the history of executive and employee compensation in the U.S., benefits, salaries, stock, equity/ownership, restricted stock, stock options, stock appreciation rights, valuation appraisals, and phantom equity. They also discuss strategies for incentivization and retention, bonuses (retention, signing, annual, and performance), commissions, "Pay for Performance," 409A plans, and newer trends such as private equity investments, profits interest agreements, supplemental executive retirement plans (SERPs), deferred compensation, long-term incentive plans, and non-voting membership interests. So, they cover quite a bit!