FMJ Law Podcast

In this bonus episode of the FMJ Law Podcast, Nate Snyder and Adam Brown are joined by Addison Watson, in-house attorney and co-founder of the Tees & CLEs event, for a wide-ranging conversation at the intersection of law, business development, and the evolving legal and technology landscape. The group took some time away from the event to record the podcast live!The episode kicks off with the origin story behind Tees & CLEs and a discussion of how Addison turned his concept into a dynamic event blending continuing legal education with meaningful relationship-building and fun activities designed to help legal professionals connect and learn together. Addison shares insight into the mission behind the event, along with the often-overlooked legal and contractual considerations involved in planning and executing a successful conference.As the episode progresses, Nate talks about his his presentation at the conference regarding the rapidly shifting sports landscape, including the current state of Name, Image, and Likeness (NIL) and what attorneys and businesses need to understand as this area continues to develop. Adam then walks through practical strategies for maximizing conference attendance, from pre-event preparation to being intentional during the event and turning good conversations into lasting professional relationships. They also get into Adam's presentation about AI in marketing and the ethical considerations that go along with it. The group also explores broader themes shaping the profession, including how AI is influencing client expectations, what general counsel are really looking for from outside counsel, how lawyers can more effectively approach business development in a competitive market, and some of the other topics covered at the Tees and CLEs event, including nonprofit law, corporations transitioning from Delaware to Texas, Trademarks, and more.

In this episode of the FMJ Law Podcast, Adam Brown is joined by Nate Snyder for a wide-ranging conversation that uses golf as a surprisingly effective lens to explore some of today’s most pressing legal issues.Adam and Nate tee off with real estate, and they discuss a variety of considerations tied to golf course development, from land use issues, environmental law, and conservation/protections to emerging concerns like PFAS contamination and the high-profile scrutiny of courses and environmental concerns in the Washington, D.C. area. They also discuss agriculture, deforestation, pesticide use, and even global events impacting supply chains and costs in the golf industry. The discussion then shifts to the rules that govern the game beyond the scorecard, comparing public and private courses, and unpacking the layers of city, state, and regulatory oversight that shape operations.On the litigation side, Adam and Nate break down liability risks in golf, including assumption of risk, negligence claims, course design issues, and the role of third parties such as architects and designers. They also explore how celebrity intersects with the law, including well-known legal challenges involving professional golfers.The conversation also takes a turn into intellectual property, examining trademark disputes involving LIV Golf, brand conflicts, and the concept of reverse dilution, along with a few unexpected pop music tie-ins.Finally, Nate and Adam dive into the evolving world of NIL in golf, discussing college athletes, sponsorship structures, eligibility requirements, and the complexities of contracts in a rapidly changing landscape.Be sure to listen through to the end for details on Adam and Nate’s upcoming appearance at the Tees & CLEs event in Arizona, where they will both be speaking and then recording a live episode of the FMJ Law Podcast!Whether you are a golfer, a business owner, or simply interested in how legal issues play out in everyday contexts, this episode covers a lot of relevant ground.

Attorney Anna Swiecichowski and Adam Brown break down the fundamentals of the appellate process and explain what can happen after a trial court issues a decision. Anna and Adam begin with the basics: what is an appeal and how does a case reach the appellate stage? They discuss the procedural history that typically leads to an appeal and explain the role appellate courts play in the legal system. Unlike trial courts, appellate courts are generally focused on reviewing the record for legal errors, not re-trying the case or hearing new evidence. The conversation explores what appellate courts can and cannot do, including their primary role as “error-correcting” courts. Anna and Adam also explain the role of appellate courts and their limits, determining whether an order or decision is appealable, strategic considerations and whether to appeal and how to respond, notices of appeal (starting the appeal process), discretionary appeals vs. appeals as of right, key timelines in the appellate process,the record on appeal, briefing requirements, oral arguments, and appellate decisions, precedent, and next steps.The team also discusses the economic realities of the appeal process, the importance of responding to an appeal, and how negotiation and settlement can still play a role even after a case moves into the appellate phase. If you are interested in learning about the way cases move through the judicial system after a trial, this episode provides a great introduction to the appellate process from start to finish.

Nate Snyder and Adam Brown explore the legal issues behind employment contracts in sports, including cause and without-cause terminations, liquidated damages, offsets, and mitigation obligations. Using recent college football coaching changes as examples, they discuss the ways in which carefully drafted contracts control multi-million-dollar outcomes and how legal guidance can protect both organizations and individuals. This episode highlights the type of strategic advice FMJ provides to clients navigating employment and contractual matters at all levels of the sports industry and beyond. The conversation also highlights the importance of contracts, negotiations, planning, and written agreements and the impact they can have on sports organizations, coaches, executives, volunteers, and paid personnel at all levels of sports.Contracts in sports are more than administrative documents. They define rights, obligations, and financial consequences.Proper legal planning allows organizations and employees to manage transitions confidently while limiting risk.

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!

Meet Jamie Briones! Jamie is one of our Litigation Attorneys at FMJ, and she will be joining the podcast rotation going forward. In this episode Jamie and Adam discuss a variety of topics and items that arise in pre-litigation stages. Specifically, they talk about demand letters/cease and desist letters, strategies before litigation formally begins, Litigation Holds, Service of a Summons and Complaint, Hip Pocket or Pocket Service rules, service by publication, and personal service. Jamie also gives insight into the pre-litigation process and the strategy considerations that go into a case before it technically becomes a case.

In this episode, our special guest Matt Klein, a Principal in the Tax Department of Olsen Thielen, joins Rob Fafinski and Adam Brown to talk about current trends in accounting. Matt works primarily with privately-held businesses, including S-Corporations, closely-held corporations, partnerships, and individuals, and his work overlaps quite a bit with the legal work we are doing at FMJ.The group discusses a variety of accounting topics, and the interactions with the legal side, in a variety of practice areas, including manufacturing, mergers and acquisitions, and estate planning. Matt discusses planning strategies, valuations, pass through entity tax deductions, bonus depreciation changes, R&D taxation and potential fixes, and the December 2017 Tax Act with its upcoming estate tax exemption sunset. In addition, Matt discusses current trends and topics he is seeing in the accounting industry.It was a fast-paced, fun discussion covering a broad spectrum of topics, and there was even a reference to Hallmark movies. We are thankful to Matt for taking the time to join us!

Pat Shriver and Adam Brown analyze the Corporate Transparency Act (CTA), which became effective on January 1, 2024. The CTA is a federal law that includes new reporting requirements applicable to almost any business registered or doing business in the United States. Pat and Adam discuss the history and purpose of the CTA, how it works, what needs to be reported, and who needs to report. They also talk about deadlines, beneficial ownership information, company applicants, exemptions, civil and criminal penalties, potential strategies for tracking and compliance, updating reports, ongoing requirements, and more.Pat confirmed that we do not need to panic, but every organization needs to be aware of the CTA and analyze whether they need to file a report. This can be a rather complicated analysis, and it is probably something most organizations should discuss with their legal advisors soon.

In this episode, Nate Snyder and Adam Brown discuss copyrights in detail. Nate explains copyright law basics, common misconceptions, copyright registration, enforcement, infringement and defenses, and the strategic and financial decisions that are often involved with copyright issues. The team also discusses licensing, artificial intelligence, copyright "trolls," and strategies if you receive a cease-and-desist letter. Copyright issues can be complicated, and it is always a good idea to consult legal counsel when they arise.

In this episode, Nate Snyder and Adam Brown are joined by Natolie Hochhausen and V. John Ella, who are attorneys in FMJ's HR & Employment Law Practice Group. The team discusses Minnesota's new statewide sick and safe time law, which takes effect on January 1, 2024. Topics include employees that are covered, exceptions (or a lack thereof) for employers, application, accrual and tracking methods, changes to policies and handbooks, interaction between this new law and current PTO and attendance policies, necessary language and handbook and policy changes to consider, administrative changes and issues, lingering questions, and more. In addition, Natolie and John briefly touch on a number of the other Minnesota HR and Employment Law changes, such as legalized cannabis and the new ban on non-compete agreements/clauses. Stay tuned to hear more about those other new laws in future episodes.There have been so many changes in HR and Employment Law in Minnesota. Please check our website for additional information, and check in with employment counsel soon to ensure that your organization is making the correct changes.

In this episode, Nate Snyder and Adam Brown are joined by FMJ Law's sports and entertainment externs, Hallie Cooper and Meredith Lavine!The team discusses externship programs and experiential learning opportunities for law students, starting a career in sports and entertainment law (and the variety of different career paths available), current events and issues the team is tracking in the arena of sports and NIL, emerging and evolving women's professional leagues, and new laws regarding sports agents that are gaining traction around the country.

In the final installment of our three-part primer series on Name, Image, and Likeness (NIL), Nate Snyder and Adam Brown spoke with Professor David Grenardo from the University of St. Thomas School of Law to discuss NIL and to see where Professor Grenardo believes NIL is headed in the future. Professor Grenardo is one of the leading scholars examining NIL and its surrounding issues, and he shares his thoughts and opinions regarding the next steps for NIL, including possibilities such as pay-for-play models, a free-market system, unionization, and revenue sharing. Professor Grenardo also discusses collectives, scholarships, the transfer portal, and the potential effects of a pay-for-play type of system on the structures in place in college athletics. Professor Grenardo talks about some of the policy considerations involved, both positive and negative, with NIL and its continued evolution, including the potential for exploitation of student-athletes, contract considerations and concerns, the potential impact on youth sports, opportunities for student-athletes to receive increased financial benefits, and the potential gains for sports, schools, and/or student-athletes at the margins. In addition, Professor Grenardo highlights some of the potential legislation, pending cases, and other things to watch for in the NIL arena (pun intended). Thank you to Professor Grenardo for joining us for this very interesting conversation!

Nate Snyder and Adam Brown discuss intellectual property basics this week. Essentially, Nate teaches Adam IP 101, including trademark, copyright, patent law, and even a bit about trade secrets. Nate also outlines the registration processes, gives examples from each category, and outlines some of the enforcement strategies and options. Nate and Adam also discuss potential IP implications as AI becomes more prevalent, along with the potential response to these changes (such as the new FAIR Act that has been proposed). This episode is a great introduction to intellectual property law and the considerations/decisions that should be top of mind for businesses, entrepreneurs, and creators.

Nate Snyder and Adam Brown sit down with Matt Quammen to discuss cyber security topics, issues, and tips. Matt is the President and Co-Founder of Optimize Cyber, which is working at the cutting edge of cyber security, technology, and risk management. Matt addresses the common fears and concerns that are often associated with cyber security, and he does a nice job of explaining complicated topics in an accessible way.Matt, Nate, and Adam discuss the importance of educating your team about potential threats and attacks. And, perhaps more importantly, Matt highlights the importance of supporting and encouraging increased awareness and reporting of potential threats and attacks. The group also talks about the types of attacks and strategies bad actors are using, wire fraud, cyber insurance, and the wide variety of strategies available to help protect data, finances, and more. In addition, Nate discusses some of the legal services FMJ can provide to clients in the cyber security space. The good news is that there are a number of affordable and accessible steps businesses and individuals can take today to help improve their cyber security.

Nate Snyder and Adam Brown sit down to talk about Name Image Likeness (NIL) issues in college athletics. This episode is the second part of a series on NIL, and Nate breaks down the "current events" in NIL, including a detailed discussion about collectives, the way collectives operate, the lawsuit around EA Sports bringing back its college sports games, NIL positives for students, concerns about NIL and collectives, tax questions that are emerging, and an introduction to some of the media rights issues that are on the horizon.

Attorney Josh Damberg from FMJ's Trusts & Estates Practice Group joined Adam Brown to talk about estate planning topics that new professionals and people just starting their estate planning journey should be thinking about. It is never too early to start planning! Josh outlines some of the reasons to start planning now, and he discusses the basics such as wills, trusts, health care directives, and power of attorney. Josh explains to Adam what happens if there is no estate plan in place, and Josh dispels some of the myths about probate. Josh also talks about estate planning topics involving children and guardianship, beneficiary designation, buying property, digital assets and accounts, student loans, and even estate planning for your pets! Note: the producers are fairly positive that should something happen to Adam, Josh accepted custody of Adam's dog, Madison.

Rob Fafinski and Adam Brown discuss Price Escalation Clauses in contract drafting.Rob outlines the types of Price Escalation Clauses available, the reasons to use them, strategies for successful utilization and implementation, and the ways that these clauses can be beneficial for both manufacturers and their customers. Rob and Adam discuss the Manufacturing Practice Group at FMJ and the great work that team is doing. They also talk about Barbenheimer, kid germs, and Napoleon before getting back on track to discuss the appeal of these types of price escalation arrangements for business buyers and sellers, and Rob gives Adam an economics lesson about just-in-time fulfillment.

Nate Snyder and Adam Brown sit down to talk about Name Image Likeness (NIL) issues in college athletics. This episode is the first part of a series on NIL, and Nate breaks down the basics of NIL. Future episodes will address the current legal status of NIL and where it is headed.In this first episode about the basics of NIL, Nate and Adam introduce NIL and talk about how it has evolved. They also discuss rights and restrictions for athletes, the mechanics of how NIL works, advantages and concerns about NIL, collectives and boosters, and an introduction to the oversight and regulation (or sometimes lack thereof) from schools, conferences, the NCAA, and state and federal governments. Nate also outlines the cutting edge work FMJ is doing in this space for individual athletes and creators as well as organizations of all sizes, ranging from teams and schools to conferences.

Cody Blades and Adam Brown discuss what happens if you or your business are sued (or if you think you might be).

Rob Fafinski and Adam Brown talk about Rob's experience working with self-funded groups searching to buy and acquire businesses. Rob also discusses the appeal of Entrepreneurship Through Acquisition (ETA). He has been doing a great deal of work in this space lately, and FMJ's corporate and M&A teams are particularly well-suited to help searchers and entrepreneurs during all phases of this process - from the search and Letter of Intent (LOI) stages through purchase, closing, and then turnover and operations.Rob does a nice job of explaining a complicated process, and he makes the concepts more accessible. He also outlines the timeline for this process, the appeal of this type of search model, and the reasons people might choose ETA or a self-funded search model instead of a pure startup.

Nate Snyder and Adam Brown talk about the PGA Tour and LIV golf. They discuss the history of the two organizations, their legal issues and disputes, and the recent merger between the two groups.

Cody Blades and Adam Brown talk about a recent case involving a crash while a Tesla was in autopilot mode. The case includes evidence questions about statements that the company argues could be potential deepfakes. Cody and Adam also talk about strategies for authenticating evidence, the discovery process, and steps to take when litigation may be imminent.

Welcome to the FMJ Law Podcast! Meet the host team: Cody Blades, Nate Snyder, Rob Fafinski, and Adam Brown. This episode includes an introduction to the work we do at FMJ law firm, and a discussion of a few legal topics, including M&A trends, Sports and Entertainment Law, Litigation, and recent HR & Employment Law changes in Minnesota.