Fryberger, Buchanan, Smith & Frederick, P.A.

Natural Resources

Practicing Attorneys

General Corporate / Business Law

Practicing Attorneys

Eric Johnson : J. Steve Nys

Government Relations and Legislation

The Fryberger government relations services span the full range of “lobbying” at all levels of state government including the governor’s office, legislators, administrative agencies, and local government. Whether you need assistance with the passage or defeat of specific legislation or simply monitoring the legislature or a state agency concerning proposals that might affect you, Fryberger lawyers have the experience to successfully advocate on your behalf. 

Practicing Attorneys

Samuel Richie : Kevin Walli

Bankruptcy and Creditors’ Remedies

Our attorneys assist businesses and individuals in collecting debts and protecting their claims. We deal with all aspects of bankruptcy for both individuals and businesses in Minnesota and Wisconsin. We have extensive experience as counsel for secured creditors, unsecured creditors and creditors’ committees.

Practicing Attorneys

Robert Kanuit

Income and Transfer Tax Planning

Our attorneys can develop comprehensive tax analysis to coordinate compensation planning, business succession arrangements, gifts and inheritances with the continually evolving tax systems of federal, state and local government. Intergenerational transfers of business interests, recreational real estate and retirement benefits receive ongoing attention from our planning lawyers to identify the most tax efficient methods of achieving client objectives.

Practicing Attorneys

Michael Cowles : J. Steve Nys : James Stewart

Public Contracting

Our attorneys offer public entities a full range of services including drafting requests for proposals and invitations to bid, and developing integrated contract documents in compliance with the complicated maze of statutes and regulations governing public procurement. Once a program or a project is underway, Fryberger attorneys assist our public entity clients with the myriad issues which can and do arise, including change order evaluation and negotiation, contract disputes and other project administration issues. 

Practicing Attorneys

David Oberstar

Public Labor and Employment Law

Public sector employment presents its own unique legal challenges. Negotiating and drafting collective bargaining agreements, representing the employer in grievances and arbitration proceedings, NLRB proceedings, and providing strategic decision-making advice to public sector employers are a few of the wide range of services offered by our attorneys.

Practicing Attorneys

Donald Erickson : Joseph Mihalek

General Municipal Law

We provide general counsel services and special project services to cities, towns, counties_, redevelopment agencies, housing and redevelopment authorities, economic development authorities and special purpose government units such as sanitary districts and school districts. We have assisted in the creation of special purpose municipal corporations such as sanitary districts, ambulance districts, economic development authorities and housing and redevelopment authorities. In addition, we assist in economic development activities, contract drafting, tax increment financing, ordinance drafting and enforcement, bylaws drafting and revision, negotiating with state and federal agencies, preparation of permit and license application forms, special assessments, construction and employment contract review.

Practicing Attorneys

Matthew Hanka : David Oberstar : Mary Frances Skala : Mia Thibodeau : Robert Toftey : Christopher Virta

Election Law

We offer guidance to local units of government on compliance with state and federal election laws. 

Practicing Attorneys

Mary Frances Skala : Christopher Virta

Economic Development

The Fryberger firm provides a wide variety of services related to economic development activities by the public sector. Our services include drafting agreements between public entities and private developers. We have the experience necessary to address the complexities of land sales and acquisition (including acquisition by eminent domain or condemnation), land use compliance issues, rezoning, financing through the public entity, tax increment financing assistance and environmental concerns.  We have provided general counsel or special finance counsel to housing and redevelopment authorities, economic development authorities, port authorities, city councils, town boards, county boards, water and sanitary districts and subordinate service district advisory committees. We also provide representation on legislative matters affecting economic development. We have helped many clients obtain special legislation to address their unique economic development needs or problems.

Practicing Attorneys

Daniel Maddy : Mary Frances Skala : Mia Thibodeau : Robert Toftey : Christopher Virta

Project Development

The attorneys in the project development group have extensive experience representing owners, developers and investors in a wide array of residential, office, retail, hotel, industrial, common interest communities and other project development. Please contact us to discuss how our project development team can help you.

Practicing Attorneys

Neal Hessen : Robert Kanuit : Daniel Maddy

Labor Law

Our firm has extensive experience in state and federal labor matters, including union organization, negotiation and mediation of collective bargaining agreements, local area labor agreements, project labor agreements, grievances, and representation against unfair labor charges before the National Labor Relations Board.  

We are experienced in representing employers in all state and federal courts on labor issues, including claims of pension or health and welfare fund assessments. We also advise employers on pension fund withdrawal liability issues and the avoidance of litigation or unfair labor practice charges. 

We represent employers in the sale or purchase of businesses with pension funds, successor liability, or other labor-related issues.

Practicing Attorneys

Donald Erickson : Matthew Hanka

Equity Capitalization

Our experience and knowledge will provide you with up-to-date information and appropriate advice regarding securities issues for equity capitalization of your business. 

Practicing Attorneys

Daniel Maddy

Energy Project Development

The Fryberger law firm is experienced in projects involving pipeline development and construction and wind energy development. We provide a variety of legal services which are necessary in the development process, including land or easement acquisition, advice and assistance on state permitting, project agreements, and contract preparation and review.

Practicing Attorneys

John Gasele : Paul Kilgore : Kevin Walli

Electronic Commerce

Extensive regulations govern electronic commerce, domain names, advertising, spam and privacy-related issues on the Internet. The Fryberger firm can assist you in making sure that you conduct business according to these regulations by helping you minimize risk, protect your property, and protect your business interests.

Practicing Attorneys

John Gasele

Business Entities

We provide existing and emerging businesses and individuals with business and tax advice regarding every aspect of creating, organizing, financing, operating, reorganizing, merging, acquiring and selling businesses. 

Practicing Attorneys

Michael Cowles : John Gasele : Robert Kanuit : Daniel Maddy

Workers’ Compensation

Fryberger lawyers can help if someone is injured at work. Whether on behalf of the employer or employee, we will help you through the maze of rules governing payment of compensation, reimbursement of medical expenses and rehabilitation benefits under Workers’ Compensation laws. Our attorneys can represent you at administrative conferences, evidentiary hearings and appeals of workers’ compensation claims. Our workers’ compensation attorneys have more than 60 years of combined experience in the field. 

Practicing Attorneys

Donald Erickson : Joseph Mihalek

Timber Law

Timber sale contracts and dispute resolution, road easements and sale of timber land are just a few of the issues where we can offer our experience and assistance. Our lawyers can assist you with issues involving units of government including the state, counties and United States Forest Service. We also have experience in federal and state environmental review and litigation. We also have extensive experience representing associations of various forest products industries and professionals.

Practicing Attorneys

Michael Cowles : David Oberstar

Real Estate

Our firm represents developers, buyers, sellers and financial institutions in commercial and residential real estate transactions and developments. We can help you prepare a lease, deed, contract, mortgage or any other document required to convey, finance and register title to your property. We can also represent you in a wide range of disputes or litigation involving real estate. 

Practicing Attorneys

Neal Hessen : Robert Kanuit : Paul Kilgore : Paul Loraas : Daniel Maddy : J. Steve Nys : Mia Thibodeau

Personal Injury, Wrongful Death and Products Liability

Our team of skilled litigators is equipped to handle all manner of personal injury claims. From wrongful death claims to motor vehicle accidents, industrial accidents, liquor liability, defective products, professional malpractice and other negligent acts, we will represent your interests and fight to recover the damages you are entitled to receive.

Practicing Attorneys

Stephanie Ball : Donald Erickson

Non-Profit and Tax-Exempt Organizations

Our work for non-profit organizations extends beyond simply obtaining and maintaining tax-exempt status. Our attorneys assist nonprofit foundations and public charities with tax reporting and other compliance measures essential to carrying out grant-making programs and charitable activities. 

Practicing Attorneys

Michael Cowles

Municipal Financing

Fryberger is nationally-recognized for providing bond counsel services. We are the only Minnesota law firm outside of the Minneapolis-St. Paul metropolitan area that provides these services. The Fryberger attorneys assist cities, towns, counties, redevelopment agencies, housing and redevelopment authorities, economic development authorities and special purpose government units such as sanitary districts and school districts in Minnesota, Wisconsin, Michigan and North Dakota with their borrowing needs. In addition, we provide bond counsel services to the Minnesota Higher Education Facilities Authority, the Minnesota Office of Higher Education and the Minnesota Department of Employment and Economic Development and the Minnesota Department of Agriculture.

Practicing Attorneys

Mary Frances Skala : Mia Thibodeau : Robert Toftey : Christopher Virta

Mining and Minerals

The mining and mineral development industries have long histories in Northeastern Minnesota and Northern Wisconsin, and the recent expansion of non-ferrous mining activity is an exciting development for the region. We have assisted these industries by representing fee owners, leasehold developers and mining companies. Our lawyers have significant experience in drafting mineral royalty leases, obtaining land and mineral rights, prospecting permits, exploration licenses, mineral purchase agreements and options, and addressing state and federal environmental issues. 

Practicing Attorneys

Michael Cowles : Paul Kilgore : Paul Loraas : David Oberstar : James Stewart

Litigation, Arbitration and Appeals

As full-time litigators, our trial attorneys have the background and experience to bring even the most complicated cases to trial. Our firm represents organizations and businesses in all types of business, construction, real estate and contract disputes. The Fryberger trial lawyers handle a wide variety of disputes including construction defects, real estate, personal injury, contracts, and most other civil cases where an individual needs representation before a court. We can also put our expertise and knowledge of the intricacies of appellate practice to work for you, whether or not we represented your interests at the trial court level. Not every case has to be decided on the floor of a state or federal courtroom. In many instances, individuals and businesses commit to arbitration as a way to settle their contractual and legal disputes without involving the courts. In addition being knowledgeable and experienced litigators, our attorneys have experience representing clients in arbitration proceedings.  

Practicing Attorneys

Stephanie Ball : Donald Erickson : Matthew Hanka : Richard Hansen : Eric Johnson : Joseph Mihalek : Thomas Witt

Land Use and Zoning

Assisting our clients with land use and zoning issues is a significant part of our firm’s real estate practice. The development and use of real estate is governed by a web of township, county, municipal, state and federal laws and regulations. We assist businesses and individuals in navigating these laws, working with public officials, and appearing before zoning boards and land use commissions. We assist our municipal clients in understanding these laws, drafting and revising ordinances, assistance in interpretive law, and guidance in applying the law.

Practicing Attorneys

Harold Frederick : Matthew Hanka : Neal Hessen : Paul Kilgore : Daniel Maddy : David Oberstar

Intellectual Property

We are experienced in registering trade names, trademarks and copyrights, and in opposing registration of trademarks which infringe those of our clients. We can also help protect trade secrets through confidentiality agreements. Our attorneys can represent you in the sale, purchase or license of copyrighted materials, trademarks and technology.

Practicing Attorneys

John Gasele

Insurance Claims

Insurance claims often involve complex factual and legal issues. We can help businesses and individuals resolve all types of insurance claims for property, casualty and business losses resulting from fires, floods, storms and other disasters. Our attorneys also defend you against claims for personal injuries, defective products, professional malpractice and property damage. 

Practicing Attorneys

Stephanie Ball : Donald Erickson : Matthew Hanka

Hospitality Law

More than 60 hotel properties have benefited from the expertise and careful planning of the Fryberger attorneys. We represent development and management companies, which own, control or operate motel, hotel, and related facilities throughout the United States.

Practicing Attorneys

Estate Planning, Trust and Probate

Many of our clients want to put in place arrangements which will reliably manage family resources for themselves and their families in the event of death or incapacity. Our attorneys can develop an estate plan tailored to those needs and objectives of our clients. An estate plan may include simple or complex wills, various types of trusts, business transfer plans, prenuptial agreements, gift planning techniques, preservation of assets, and long term health care issues. Our attorneys act on behalf of personal representatives and heirs in probate and trust administration proceedings.

Practicing Attorneys

Michael Cowles : Neal Hessen : Robert Kanuit : J. Steve Nys : James Stewart : Mia Thibodeau

Environmental Law

Our attorneys have years of experience with the government agencies responsible for environmental issues. We can assist with environmental review and permitting using a problem-solving approach to environmental compliance. State and Federal permitting issues, environmental impact statements, environmental assessment worksheets, property contamination, NEPA litigation, wetlands regulation, solid waste disposal, forest management issues, mining, and many other subjects of regulation and litigation are within the range of skills and experience of our attorneys.

Practicing Attorneys

John Gasele : Paul Kilgore : Paul Loraas : Daniel Maddy : David Oberstar

Employment Law

Our firm has extensive experience in all aspects of employment law, providing advice for both employers and employees. Our attorneys assist businesses in the hiring process of employees and executives and in negotiating and litigating employment contracts with non-competition, non-solicitation, confidentiality, protection of intellectual property rights, and other restrictive covenants. Our attorneys assist individuals in negotiating employment contracts, wrongful termination, discrimination and harassment, hostile work environment, whistleblower, non-compete agreements and wage and hour issues.

We have experience in wage and hour issues and workplace issues including drug testing in the workplace, health care plans, HIPPA and other workplace privacy issues, discrimination investigations and complaints, Employee Handbooks and employment policies. We represent clients before the U. S. Equal Employment Opportunity Commission, the Minnesota Department of Human Rights and in litigation in all state and federal courts concerning a wide range of employment related issues.

 We help businesses establish and maintain welfare and retirement plans, including qualified pension and profit sharing arrangements, as well as non-qualified deferred compensation plans including change of control agreements with incentives for key executives and employees. Employers also call on us to provide assistance with layoffs, terminations, disciplinary actions, discrimination questions or claims, affirmative action plans and union organization campaigns. We advise and defend employers against workers’ compensation and unemployment compensation claims.  

We emphasize the value of preventing personnel-related problems from occurring. Our attorneys alert employers to applicable laws and regulations and assist in compliance efforts. We also develop and deliver training on a variety of employment-related subjects.  

Practicing Attorneys

Donald Erickson : Matthew Hanka : Joseph Mihalek : Thomas Witt

Eminent Domain

The Fryberger firm has represented various units of government in the process of acquiring property for a public use. We are experienced in the eminent domain process from beginning to end, including the commencement of the eminent domain proceedings, appraisal analysis, relocation benefits, commissioners’ hearings and trials. 

Practicing Attorneys

Harold Frederick : Daniel Maddy : David Oberstar

Divorce/Family Law

Fryberger lawyers provide advice and counsel in adoptions, guardianships, conservatorships, prenuptial agreements, marital property agreements, divorces, separations, child custody disputes, and court ordered modification proceedings 

Practicing Attorneys

David Oberstar : Mia Thibodeau : Thomas Witt

Contracts

Our attorneys provide clients with business and tax advice regarding every aspect of contract law, from drafting a contract to fit your needs to enforcing the rights contained in the contract.

Practicing Attorneys

John Gasele : Matthew Hanka : Eric Johnson : Robert Kanuit : Paul Loraas : Thomas Witt

Condemnation

If property is being taken or adversely affected by a governmental body for public purposes, our attorneys can help the property owner receive fair and just compensation.

Practicing Attorneys

Harold Frederick : Paul Kilgore : David Oberstar

Collections

Our attorneys provide advice and create strategies for the protection and collection of debts through foreclosure of real estate mortgages, repossession of personal property, involuntary bankruptcies, garnishments, executions and other legal process.

Practicing Attorneys

Matthew Hanka : Robert Kanuit

Business Succession Planning

Each business owner’s concerns are unique when planning for the transfer of the business. Succession planning may include reorganizing the business, updating wills, creating trusts, buy-sell agreements, insurance, and tax advice. Our attorneys offer a full range of services to help develop and implement a strategy for the smooth transition of the business.

Practicing Attorneys

Michael Cowles : Neal Hessen : J. Steve Nys : James Stewart : Mia Thibodeau

Banking and Lending Support Services

Fryberger attorneys offer lenders decades of experience and advice on loan structuring, loan agreements, loan modifications, securing collateral and perfecting security interests. We assist lenders with loan workouts, loan modifications, forbearance agreements and transfer of loans. Our lender assistance attorneys have the experience and working knowledge of laws and strategies vital for meeting the needs of lending institution clients.

Practicing Attorneys

Eric Johnson : Robert Kanuit : Paul Loraas : Daniel Maddy

Annexation and Municipal Boundaries

We have assisted many cities and towns in Minnesota in conjunction with a change to their boundaries through annexation and consolidation. We make recommendations regarding the statutory procedure appropriate to the facts, draft resolutions and notices relating to orderly annexation, represent municipalities in contested case hearings and advise regarding the statutory procedural requirements.

Practicing Attorneys

Harold Frederick : Matthew Hanka : Mary Frances Skala

Administrative Law

Our attorneys represent clients before various municipal, state and federal councils, commissions and boards, including agencies as diverse as the Minnesota Public Utilities Commission, Minnesota Pollution Control Agency, the Interstate Commerce Commission, and local town boards, city councils, and planning and zoning commissions. Our established relationships with local, state and federal agencies enable us to approach issues pending before them in a constructive, problem-solving manner.

Practicing Attorneys

John Gasele : David Oberstar : Samuel Richie : Kevin Walli