Jeffrey C. O'Brien

Top rated Business & Corporate attorney in Minneapolis, Minnesota

Husch Blackwell LLP
Jeffrey C. O'Brien
Husch Blackwell LLP

Practice Areas: Business & Corporate, Real Estate, Cannabis Law; view more

Licensed in Minnesota since: 2000

Education: William Mitchell College of Law

Selected to Super Lawyers: 2013 - 2019, 2023 - 2024 Selected to Rising Stars: 2008 - 2012
Free Consultation

Husch Blackwell LLP

80 S 8th St
Suite 2800
Minneapolis, MN 55402 Visit website

Details

Jeffrey C. O’Brien is a partner with the Minneapolis office of Husch Blackwell. Focusing his practice on business law, real estate law, intellectual property, liquor law and cannabis law, he has over two decades of experience practicing law. 

In addition to Minnesota, Mr. O’Brien is admitted to practice in the States of Iowa, North Dakota, South Dakota and Wisconsin, and before the United States District Court for the District of Minnesota, the District of South Dakota and the Northern and Southern Districts of Iowa. He is board-certified by the Minnesota State Bar Association as a real property law specialist and is a member of the Board of Directors of the State Bar of Wisconsin Non-Resident Lawyer Division (NRLD).

Using his vast experience and skill for the benefit of his clients, Mr. O’Brien handles all cases in an efficient manner. He communicates well and keeps his clients informed through every stage in their case. He advises real estate investors and developers and also serves as general counsel to many small businesses. 

Graduating cum laude, Mr. O’Brien has a Bachelor of Science degree in manufacturing engineering from the University of St. Thomas. He served as the president of the college Republicans and the Society of Manufacturing Engineers. He earned his doctorate in jurisprudence cum laude from the William Mitchell College of Law.

Mr. O’Brien lectures and writes articles on topics related to business and real estate. He regularly appears as a guest at prominent podcasts and radio shows and also voices the Minnesota Home Talk Legal Minute on 1500 ESPN. Recognized for his legal contributions, he was named on the 40 Under 40 list by the Minneapolis-St. Paul Business Journal.

Mr. O’Brien is an active member of the: 

  • Wisconsin Entertainment Lawyers Association
  • Master Brewers Association of America’s St. Paul/Minneapolis Chapter
  • Minnesota State Bar Association
  • Hennepin County Bar Association
  • State Bar of Wisconsin
  • American Bar Association
  • Minnesota Craft Brewers Guild
  • Minnesota State Bar Association’s Real Property Law Section
  • American Bar Association, Real Property Probate and Trust Law Section

Practice areas

Business/Corporate, Real Estate: Business, Cannabis Law, Entertainment & Sports, Intellectual Property

Focus areas

Business Formation and Planning, Business Organizations, Contracts, Entertainment, Sports & Leisure Law, Intellectual Property Law, Limited Liability Companies

  • 40% Business/Corporate
  • 30% Real Estate: Business
  • 10% Cannabis Law
  • 10% Entertainment & Sports
  • 10% Intellectual Property

First Admitted: 2000, Minnesota

Professional Webpage: https://www.huschblackwell.com/professionals/jeffrey-obrien

Bar/Professional Activity:
  • Member, Wisconsin State Bar, 2006-Present
  • Member, State Bar Association of North Dakota, 2023
  • United States District Court, District of South Dakota, July 2003-Present, 2023
  • United States District Court, Southern District of Iowa, 2023
  • United States District Court, Northern District of Iowa, 2023
  • Member, State Bar of South Dakota, October 2022 - Present
  • South Dakota
  • American Bar Association, Real Property Probate and Trust Law Section
  • Minnesota State Bar Association, Real Property Law Section
  • Hennepin County Bar Association
  • Master Brewers Association of America, St. Paul/Minneapolis Chapter
  • Minnesota Craft Brewers Guild
  • Wisconsin Entertainment Lawyers Association (WELA)
  • United States District Court for the District of Minnesota
  • Iowa
  • Wisconsin
  • Minnesota
  • Member, American Bar Association
  • Member, Iowa State Bar Association, 2021 - Present
  • Member, Board of Directors, State Bar of Wisconsin Non-Resident Lawyers Division (NRLD)
  • Member, Minnesota State Bar Association, 2004-Present
Verdicts/Settlements (Case Results):
  • Represented Minnesota Industrial Hemp Association in co-authoring an amicus curiae brief to the Minnesota Supreme Court together with the Minnesota Cannabis Association in the matter of State v. Loveless; decision pending., 2022
  • Bright Red Group, LLC, et al. v. City of Minneapolis and Jacob Frey, in his official capacity as Mayor of Minneapolis - Court File No. 27-CV-22-867: part of team of lawyers involved with lawsuit against Minneapolis Mayor Jacob Frey on behalf of a coalition of Minneapolis bar and restaurant owners which resulted in Mayor Frey lifting an executive order requiring bars and restaurants to require proof of COVID-19 vaccination or negative test two weeks ahead of schedule.    , 2022
  • Willy McCoys of Albertville, LLC et al. vs Tim Walz et al., 62-CV-21-38:  Part of team of lawyers from the firm involved with suit against Minnesota Governor Tim Walz on behalf of coalition of bar and restaurant owners seeking to lift the Governor's second shutdown of bars and restaurants under his COVID-19 emergency actions; Governor called press conference an hour after being served for two days later and lifted such restrictions., 2021
Videos:
  • Starting a brewery requires significant capital. Oftentimes this capital is found through the sale of equity in the business. This program will explore the history of securities registration and exempt “private offerings” with an emphasis on Regulation D and the recent changes to Regulation CF, the SEC rule governing equity crowdfunding. In addition to legal compliance for a securities offering, the issuer must decide what they are offering, while planning for future financing needs in a manner which allows the founders to maintain control over the business. This program will also discuss techniques and structures to accommodate outside investors such as preferred equity, put and call rights, convertible debt and SAFEs., Show Me the Money: Legal Issues in Raising Funds for Your Brewery, Law, Breweries, Startups, 2023
  • Kicking off the first episode of Insights from the Inside, David Carpentier, co-founder and CEO of Assurely hosts David Duccini, CEO of Silicon Prairie, and Jeffrey O'Brien, attorney at Chestnut Cambronne. Sharing their tips for startups, businesses, and investors in finding success, the three dive into what they hear most from Issuers in the crowdfunding space., Crowdfunding: Small Steps to Achieve Big Results for Businesses and Investors, Law, 2022
  • We discuss Marketing and Personal Branding for Professionals. Minnesota lawyer Jeffrey O'Brien is always up to something. He could be on local radio, practicing real estate, signing a new food & beverage client, or representing a sport legend., Marketing and Branding for Professionals, Law, Marketing, Public Relations, 2019
Transactions:
  • Represented seller in $6.5 million asset sale, 2022
  • Represented personal training/fitness business in $6.6 million equity investment transaction, 2022
  • Represented emerging SaaS company on $2 million equity infusion, 2022
Special Licenses/Certifications:
  • MSBA Board Certified Real Property Specialist
Pro bono/Community Service:
  • Member, Board of Directors, Minnesota Industrial Hemp Association
  • Member, Community Advisory Board, Financial Security Bank
Honors/Awards:
  • 40 Under Forty, Minneapolis-St. Paul Business Journal, 2014
Educational Background:
  • J.D., William Mitchell College of Law (Cum Laude), 2000
  • University of St. Thomas, B.S., 1997
White Papers:
Scholarly Lectures/Writings:
  • Discussed various legal issues involving the cannabis industry and real estate, including valuation, land use and zoning, environmental compliance and landlord/tenant liability., Presenter, "Cannabis Properties", Real Estate Transaction Oddities and Challenges: From Farms to Green Buildings, National Business Institute, Law, Cannabis, Industrial Hemp, 2024
  • Lawyers advising businesses in search of seed money from "small" investors (individuals and entities with relatively low amounts at their disposal) must be aware of federal and Wisconsin laws regarding crowdfunding., Author, Money Matters: How Regulation CF Affects Equity Crowdfunding for Small Businesses, Wisconsin Lawyer, Law, Business, 2023
  • A discussion of Minnesota's unique THC beverage industry; how it came into being and how the 2023 cannabis legalization law affects prior laws., Presenter, "Cannabanoid Food and Beverages - Issues Around Infusing Cannabis, CBD, Hemp, and THC Into Edible and Drinking Products", 2023 Cannabis Law Conference, Minnesota CLE, Law, Cannabis, Industrial Hemp, 2023
  • Under the right circumstances, the conversion and domestication provisions of the Revised Act can be powerful tools for practitioners to efficiently and expeditiously position a client's business entity for a significant transaction, more favorable tax treatment, or to strengthen management's position., Author, Change of Domicile Under Wisconsin's New LLC Law, WisBar Inside Track, Law, Business, 2023
  • Join this panel presentation to learn about the Loveless a/k/a “leafy green” decision, thecritical legal issues involved and their far reaching impact on the Minnesota industrial hempand retail CBD industries, including the potentially significant adverse economic fallout. Youwill also learn about efforts to curtail these impacts via an appeal of Loveless to theMinnesota Supreme Court and potential legislation from attorneys, an author of correctivelegislation, and ab industry CEO., Panelist, The Cold Shoulder of Loveless - turning its back on law abiding industrial hemp and CBD businesses, Minnesota State Bar Association, Agricultural and Rural Law Section, Law, Industrial Hemp, CBD, 2022
  • The 50 Contract Cases Every Lawyer Must Know Inside and Out!; Presented "Determining Intent and Ambiguity in a Contract" and "Capacity Issues" sections, Presenter, The Contract Law 50, Minnesota CLE, Law, 2022
  • An overview of Federal and State securities law with particular focus of Regulation CF and comparisons to Regulation D, Co-Presenter, Financing the New Business – With Special Emphasis on How to Conduct a Crowd Funding Offering Under the New Reg CF Changes, Minnesota CLE: 2022 Business Law Institute, Law, 2022
  • The two major issues that arise after formation are when (1) a small business should really have been a non-profit, and (2) problems a small business runs into with improperly converting to or merging with a different entity. Learn how to properly address both issues and help your client avoid costly mistakes., Presenter, 2 Common Pitfalls with Entity Formation for a Small Business – Non-Profit and Converting or Merging an Entity, Minnesota CLE, Law, 2022
  • For many Minnesotans, there is a desire to keep their cabin “within the family.” For practitioners, there are several tools available to accomplish this objective, and this session will cover some of the more common methods to pass a family cabin down through successive generations., Presenter, Keeping the Cabin in the Family: Tools for Real Estate and Estate Planning Practitioners, Minnnesota CLE, Law, 2022
  • The brewing and distilling industries are rapidly growing, but complex state and federal regulations are ever-present obstacles to startups and established businesses alike. This online seminar will teach you how to help your clients build a solid business; minimize liability; and navigate the licensing, labeling, and tax reporting challenges along the way. You will also learn how to effectively protect your client's intellectual property, avoid legal landmines in advertising, and receive valuable tips for negotiating distribution agreements., Presenter, Brewery and Distillery Law in Kentucky, National Business Institute (NBI), Law, Breweries, 2022
  • Starting an alcoholic beverage business presents the aspiring brewer, distiller, or winemaker with an enormous challenge. From obtaining licenses and permits, to financing facilities and expensive equipment, to navigating complex state and federal rules and regulations, each decision must be made with care. Do you have the information you need to help your clients get their small businesses off the ground? Our experienced faculty will equip you with the tools you need to navigate the most common legal issues alcoholic beverage producers will encounter., Presenter, Distillery, Brewery and Winery Start-Up Toolkit, National Business Institute (NBI), Law, Breweries, Distilleries, 2022
  • Starting a brewery, distillery or winery requires significant capital.  Oftentimes this capital is found through the sale of equity in the business.  This program will explore the history of securities registration and exempt “private offerings” with an emphasis on the recent changes to Regulation CF, the SEC rule governing equity crowdfunding., Presenter, Equity Crowdfunding for Breweries, Distilleries and Wineries, LawPractice CLE, LawPractice CLE, Law, Liquor, 2022
  • This installment in the Contracts Fundamentals A to Z series will focus on contract interpretation issues. Presenters will address: Determining Intent Statute of Frauds Conditions Precedent, Presenter, Contract Fundamentals A to Z: Contract Interpretation, Minnesota CLE, Law, 2021
  • In this installment in the Contract Fundamentals A to Z series, the presenters will address issues that arise in contract formation. Topics addressed include: Offer and Acceptance Consideration Capacity Issues, Presenter, Contract Fundamentals A to Z: Contract Formation, Minnesota CLE, Law, 2021
  • What every estate planner must know about real estate law, including: Transfer on Death Deeds Mechanics of Real Estate Transfers How to Keep the Cabin in the Family Drafting Considerations, Course Co-Chair/Presenter, Real Estate Strategies For Estate Planning & Medical Assistance Practitioners, Minnesota CLE, Law, 2019
Other Outstanding Achievements:
  • Voice of the "Legal Minute" on Minnesota Home Talk (SKOR North AM 1500) since 2014
  • Regular Guest on Justice in the Morning (fka Justice & Drew), Twin Cities News Talk 1130 AM
  • Weekly guest, The BS Show with Bob Sansevere (podcast)
Firm News (Newsletters):
  • A discussion of the legal structure surrounding Minnesota's unique THC beverage industry, and how the industry is impacted by Minnesota's new recreational cannabis law., Effects of the Recreational Cannabis Legislation, Law, Cannabis, Breweries, Craft Beverage Manufacturers
  • A basic discussion of how the Federal crowdfunding exemption - Regulation CF - works and its uses, Show Me the Money: Equity Crowdfunding Under Regulation CF, Law, Business
  • Several sources are predicting explosive growth in the market for cannabinoid beverages. The Global CBD-Infused Beverages Market size is estimated to grow from USD 3,400 million in 2020 to USD 14,600 million by 2026, at a CAGR of approximately 27.5% between 2021 and 2026, according to Facts and Factors. Cannabis research agency, Brightfield Group, estimates that cannabis beverages will account for $1 billion in U.S. sales by 2025.  The anticipation of a cannabinoid beverage boom is being boosted by legalization efforts across the U.S. and cannabis reform movements worldwide. Technology has also evolved, making it easier to incorporate cannabinoids into various beverages available across legal outlets worldwide. Yet, with every step forward, there are new challenges to overcome. Companies who want to jump in on potential opportunities in cannabis beverages need access to money to fund everything from research and product development to production. The options for funding your cannabis beverage company are growing, but the landscape can be confusing.   , How To Use Equity Crowdfunding to Finance Your Cannabinoid Beverage, Law, Business, Breweries, Industrial Hemp, CBD, THC
Industry Groups:
  • Breweries
  • CBD/Hemp/Cannabis
  • Commercial Real Estate
  • Distilleries
  • Startups
  • Wineries

Office location for Jeffrey C. O'Brien

80 S 8th St
Suite 2800
Minneapolis, MN 55402

Phone: 612-852-2723

Selections

9 Years Super Lawyers
5 Years Rising Stars
  • Super Lawyers: 2013 - 2019, 2023 - 2024
  • Rising Stars: 2008 - 2012

Certificates and credentials

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