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.