FMJ Law Podcast

Hosted by Adam Brown

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Jul 2026

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About the show

Welcome to a fun and informative podcast about a variety of legal topics! Fafinski Mark and Johnson (FMJ) is a full-service commercial law firm with 18 different practice areas to handle just about anything a business or entrepreneur may need. This podcast is hosted by FMJ attorneys from multiple practice areas, and they will discuss a wide range of legal topics, including Business Law, Litigation, HR and Employment, Sports and Entertainment, Mergers and Acquisitions, Estate Planning, and even Aviation. Please visit fmjlaw.com to learn more about the firm, and you can click here for our showpage . We hope you enjoy listening!

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45 recent

August 25, 202625 min

The NCAA's New Five-Year Eligibility Rule - Episode 44

In this episode of the FMJ Law Podcast, Nate Snyder, Erick Kriewaldt, and Adam Brown discuss the NCAA’s new five-year, age-based eligibility model, what it means for college athletes, and why the transition has become the subject of ongoing litigation. The NCAA has adopted a new age-based eligibility model that fundamentally changes how Division I college athletes can use their eligibility. Under the new NCAA five-year eligibility rule, athletes will generally have five years to compete in five seasons once their eligibility clock begins. An athlete’s five-year eligibility period begins upon initial full-time enrollment at a college/university or at the beginning of the academic year following the athlete’s 19th birthday, whichever occurs first. The new system is intended to simplify college athletics eligibility, reduce the need for redshirts and eligibility waivers, and provide athletes and schools with more predictable rules. However, the change does not apply equally to every athlete. Athletes who completed their fourth season of eligibility during the 2025-26 academic year generally are not automatically granted a fifth season. At the same time, schools have flexibility in applying the previous eligibility rules or the new age-based model to certain athletes who still have eligibility remaining. The transition to the new framework has already led to lawsuits around the country, including Glancey v. NCAA and Wisne v. NCAA, which raise issues about which athletes should be entitled to a fifth season of eligibility, contract issues, implied covenants, good faith and fair dealing, antitrust questions, and more. The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.

July 28, 202641 min

The Curious Case of Brendan Sorsby - Episode 43

In this episode of the FMJ Law Podcast, attorney Nate Snyder and law clerk Erick Kriewaldt join Adam Brown to discuss the case of college quarterback Brendan Sorsby as a detailed study of the ongoing legal developments in the world of NIL and Sports Law. The team discusses Brendan Sorsby’s career trajectory, what has happened in his case so far, and a number of other related issues, including the following: In This Episode Transfer Rules The Transfer Portal NIL Agreements and Contracts Breach of Contract Claims Liquidated Damages Damages Clauses NFL Draft Supplemental Draft The New Five-Year Eligibility RuleRedshirt Process Pending Lawsuits Sports Gambling Fantasy Sports Prediction Markets Minnesota Gambling and Prediction Market Legislation Sports Gambling Rules for College and Professional Athletes Claims and Defenses in Sports Law Cases NIL v. Pay to Play Employment Law in Sports And more! Check out this great conversation about the current state of so many sports law issues that are in play and very much in transition right now. The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.

June 25, 202625 min

Prenuptial and Postnuptial Agreements in Minnesota - Episode 42

In this episode of the FMJ Law Podcast, attorney Karen Schlotthauer joins Adam Brown to discuss prenuptial and postnuptial agreements under Minnesota law. Karen explains how these agreements work, what they can and cannot accomplish, and the legal requirements necessary to ensure they are enforceable. As Karen discusses, prenuptial and postnuptial agreements can often be misunderstood, and many people assume these agreements are only for wealthy individuals or couples anticipating divorce. In reality, they can be valuable planning tools for a wide range of people, including business owners, individuals entering a second marriage, those with significant inherited assets, or couples simply looking to create clarity around financial expectations. The conversation explores the differences between prenuptial and postnuptial agreements and how these agreements can help protect assets, address debt concerns, and support broader estate planning goals. Karen also discusses common misconceptions about these agreements, how couples can approach these conversations productively, and why timing matters when creating an agreement before a wedding (or after in the case of a postnuptial agreement). Whether you are planning a marriage, navigating changes in your financial circumstances, or reviewing your estate plan, this episode provides practical guidance on when these agreements may make sense and how to approach them thoughtfully. The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.

April 29, 202639 min

Bonus Episode! Live from the Tees and CLEs Event: AI and Law, NIL, In-House Insights, Business Development, and More - Episode 41.5

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. The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.

April 8, 202625 min

Golf Law in the News: Liability, NIL, Environmental Issues, and Trademark Disputes - Episode 41

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. The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.

March 16, 202636 min

Appeals 101 - Episode 40

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. The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.

November 25, 202531 min

Employment Contracts, Buyouts, Terminations, and Other Legal Issues in Sports - Episode 39

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. The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.

October 24, 202539 min

Family Office Planning for Athletes and Business Leaders - Episode 38

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. The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.

September 30, 202531 min

Youth Sports Organizations - Episode 37

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. The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.

August 18, 202527 min

Planning for Incapacity: Medical and Legal Authority - Episode 36

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. The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.