About The Law Firm
Founded in 1876, Barrett McNagny LLP is one of the oldest law partnerships in the state of Indiana and among the largest in northeast Indiana. Our history dates back to 1876, when James M. Barrett, a law graduate of the University of Michigan, arrived in Fort Wayne to form a practice with Charles H. Aldrich.
In 1987, the firm moved to its current location on Berry Street in a building that is as much a part of Fort Wayne history as Barrett McNagny. Once known as the Elektron Building, it was built in 1895 and is centrally located in downtown Fort Wayne.
Since 1876, Barrett McNagny has helped establish and sustain many of the area's leading businesses and public institutions. Among our diversified client base are banks, utilities, insurance companies, health care providers, manufacturers, media companies, and many small and intermediate sized businesses, for which we offer a full range of legal services. We also provide personal legal services, which include handling Medicare/Medicaid issues, adoptions, divorces, wills, and living wills, trusts, and estates.
To better serve such diverse clientele, Barrett McNagny's attorneys are divided into specialty sections according to their general legal practice areas. This structure enables our attorneys to practice efficiently, develop in-depth experience, and promptly assemble teams with combined legal talents to handle matters that require knowledge in several areas of law. This structure also allows Barrett McNagny lawyers to handle the most sophisticated of legal needs for their business clients, saving clients time and money.
We have attorneys licensed to practice in several states, including Indiana, Michigan, Ohio, Illinois, Wisconsin, Vermont, New York, and Florida. Many of our attorneys are admitted to various courts throughout the U.S. and can be admitted through a process called pro hoc vice to other jurisdictions and courts as needed.
We're a team who is truly focused on getting our clients the results they deserve. And we do it all with the trusted, responsive counsel you've come to expect from Barrett McNagny.
Practice areas
Bankruptcy & Debt
Bankruptcy and Creditors' Rights Law
Barrett McNagny's Bankruptcy and Creditors' Rights Group is comprised of attorneys with decades of experience in the debtor/creditor's rights arena. Our attorneys counsel local, regional, and national clients, appearing before U.S. Bankruptcy Courts, U.S. District Courts, U.S. Courts of Appeals, and Indiana state courts in a variety of collection, bankruptcy, reorganization, and receivership proceedings. Our clients include financial institutions, other commercial/consumer lenders, a variety of secured and unsecured creditors (individuals and businesses), creditors' committees, Bankruptcy Trustees, and commercial debtors.
The firm's Bankruptcy and Creditors' Rights attorneys handle a wide range of insolvency-related matters, such as foreclosures, receiverships, forbearances/workouts, bankruptcies/reorganizations, liquidations, commercial collections, fraudulent conveyances, and turnover matters. Our attorneys also have extensive experience in counseling and litigation regarding the discharge ability of debts, adequate protection and valuation of collateral in bankruptcy, negotiating financing agreements inside and outside bankruptcy, purchasing and selling assets of distressed companies (including Section 363 Sales), and acting as mediators in commercial litigation, bankruptcy, and insolvency-related disputes.
Barrett McNagny lawyers pride themselves at skillfully guiding their clients through the complicated maze of debtor-creditor disputes while providing practical, cost-effective legal advice so our clients can meet their legal and business objectives. Because we are a full-service law firm, our Bankruptcy and Creditors' Rights Group is able to draw upon the knowledge of attorneys within the firm who have significant experience in related practice areas, such as litigation, real estate, tax, environmental law, employee benefits, securities, commercial transactions, labor and employment law, and consumer finance.
Our Bankruptcy and Creditors' Rights attorneys are frequent lecturers at continuing legal education seminars held regionally and nationally. Our attorneys have also assisted in the preparation of numerous articles on insolvency-related issues.
Intellectual Property
Copyrights
Copyrights protect original expressions of ideas such as literary, artistic, sculptural and musical works, video, architectural drawings and buildings, software and website content.
We can advise you in registering your copyrights and enforcing and licensing your copyrights in the U.S. and internationally.
Business
Corporate and Business Law
The lawyers in Barrett McNagny's Corporate and Business Law Group counsel clients with varied legal issues arising in the conduct of business. We represent a wide range of clients, from private businesses to publicly held corporations and from start-up businesses to established firms. Clients represented by the law firm's Corporate and Business Law Group span many major industry segments including manufacturing, distributing, retailing, banking and finance, health care, biotechnology, insurance, real estate, electronic commerce, and nonprofit. Because of our broad client base, we have substantial experience advising businesses in complicated multi-national and multi-state transactions, as well as assisting smaller or emerging businesses on general business matters.
We represent clients on a variety of matters, from the original establishment of the business enterprise through all aspects of its evolution and operation. Our areas of emphasis include:
Forming Businesses and Emerging Business Planning
Recognizing that businesses have different legal needs, we counsel clients on the diverse legal issues for various types of entities such as sole proprietorships, general partnerships, limited partnerships, limited liability partnerships (LLCs), corporations, and limited liability companies. Our attorneys also work with new business endeavors in financial planning, accessing capital, organization management, and strategic partnering.
Corporate Governance
We assist business clients in all aspects of corporate governance, including drafting internal governing documents such as articles, bylaws, minutes, and shareholder agreements. We also advise businesses with resolving disputes with major customers, suppliers, and owners, and offer counsel on officer and director liability.
Commercial and Common Business Transactions
We support our clients in a variety of contractual matters, including negotiations; development and documentation of distributor, franchise, sales agreements and programs; equipment sales; purchase agreements; equipment leases; technology licenses; and warranties. We counsel businesses in connection with contractual obligations including requirements and supply contracts with customers, suppliers, and distributors, and we assist clients with negotiating and drafting customized contracts to address unique business arrangements. We also advise businesses on structuring and preparing consulting agreements, executive compensation, arrangements, and management agreements.
Mergers and Acquisitions
Our lawyers within the Corporate and Business Group represent clients in all aspects of buying, selling, merging, and consolidating businesses, including tax, finance, structure, environmental, ERISA, securities, labor relations, and real estate issues. We also assist businesses with structuring strategic alliances and forming joint ventures and special-purpose entities. Our group has extensive experience in structuring, negotiating, and completing purchase and sales transactions involving all types of businesses, including both public and private companies and involving all types of entities, including general and limited partnerships, corporations, and limited liability companies.
Antitrust and Trade Regulations
We counsel clients in many different industries on the antitrust laws and their impact on the conduct of business, including horizontal and vertical price fixing, monopolization, illegal tying, exclusive dealings, and boycotts. We review distribution strategies, dealer, franchisee and other terminations, licensing provisions, and pricing and sales practices. For businesses with pre-merger filing requirements, the attorneys help prepare and submit notification forms and advise clients on the antitrust implications of proposed mergers, acquisitions, and joint ventures, respond to governmental investigations of proposed transactions, and negotiate with government agencies to obtain approvals. We also counsel clients concerning issues involving competitors, including trade secret misappropriation, unfair competition and false advertising, breach of non-compete agreements, and breach of fiduciary duty.
Corporate Financing Transactions
We offer our clients legal counsel in all phases of financing, including asset-based financing, private placements and public offerings of debt and equity instruments, asset securitization transactions, government finance, real estate finance, letters of credit, placement of commercial paper, and other types of financing. Our attorneys have acted as bond counsel as well as counsel to issuers, purchasers, investment advisors, financial institutions, and trustees in a variety of transactions.
Federal and State Securities
We handle a wide range of federal and state securities issues. Our attorneys provide counsel for public offerings, private placements, and venture capital transactions, and we assist public companies with reporting and other compliance issues under federal and state securities laws. In conjunction with the firm's Commercial Litigation Group, our business attorneys also represent both individuals and companies in lawsuits involving securities disputes, including the defense against federal and state securities fraud claims.
Media, Technology and Telecoms
Cybersecurity & Privacy
Barrett McNagny’s Cybersecurity & Privacy attorneys work with companies before, during and after a data breach. Our proactive approach begins by engaging with the client to discuss practical solutions to manage and protect a business’ information to reduce the probability of a breach. Working across company departments from human resources to marketing and information technology, our attorneys work to protect the company and its valuable information by:
- Reviewing policies and data storage plans;
- Evaluating equipment usage and disposal policies;
- Creating response plans and procedures so that in the event of a breach;
- Provide guidance on complying with data breach notifications laws; and
- Review relevant insurance policies to ensure protection in the event of a cybersecurity breach.
Employment & Labor
Employee Benefits Law
The Employee Benefits Group at Barrett McNagny works closely with clients in all aspects of employee benefits law. Our members assist in designing and planning all types of employee benefit plans and programs and advise clients regarding compliance with the requirements of the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code (Code), and other applicable statutes for qualified and non-qualified retirement, health, disability, cafeteria, and educational assistance plans.
Attorneys in the Employee Benefits Group bring an extraordinary amount of experience to the practice. Our clients range from small local businesses to large multi-national corporations. We provide each client with the same high quality, responsive, and cost-effective service.
Tax Qualified Plans
We assist clients in developing, implementing, and maintaining tax-qualified and tax-favored retirement plans, including profit-sharing, pension, 401(k), employee stock ownership, 403(b), and 457 plans. A key aspect of our practice is devoted to advising clients on compliance with applicable provisions of the Code, ERISA, and other applicable statutes.
Executive Compensation
We assist clients in developing, implementing, and maintaining a wide variety of executive compensation arrangements, including non-qualified retirement plans and equity-based compensation. We provide tax advice regarding the consequences of executive compensation arrangements for both taxable and non-taxable employers and their employees.
Health and Welfare Plans
We design and prepare health, life, disability, severance, and other employee benefit plan documents, summary plan descriptions, and other notices required by ERISA. Additionally, we advise clients as to the maintenance, funding, and modification of retiree medical benefits. We also counsel clients concerning all aspects of self-funded plans including discrimination issues relating to employee benefits. Our firm handles key benefits issues arising under all applicable federal statutes, including COBRA, HIPAA, the Mental Health Parity Act, the Women's Cancer Rights Act, the Newborn Mother's Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and other civil rights and benefits legislation. Regularly, our members draft health, retirement, and cafeteria plans for employers, third-party administrators, insurers, and reinsurers.
ERISA Litigation
We represent clients in disputes among employers, participants, unions, third-party administrators, insurance and reinsurance companies, and governmental agencies over health, welfare, and retirement benefits issues and litigation, including claim appeals, trials, alternative dispute resolution, and mediation. We represent our clients in benefit claim litigation, benefit discrimination litigation, fiduciary litigation, and subrogation litigation. We have successfully defended various health plan coverage lawsuits representing various employers, insurers, reinsurers, and third-party administrators in 16 states and six federal appellate circuits.
Corporate Transactions
We are regularly involved with the employee-benefits aspects of corporate mergers, acquisitions, dispositions, leveraged buyouts, recapitalizations, and similar transactions. We have extensive experience analyzing the employee benefits plans of parties to the transaction, advising buyers and lenders as to funding and other potential problems, and dealing with retiree medical issues, health insurance continuation rights, and severance benefit issues that may be present.
Family
Family and Domestic Law
Issues in the area of domestic and family law can be complicated. Barrett McNagny's Family Law Group provides clients with over a decade of experience approaching matters practically and compassionately.
Dissolutions
Marital separation or divorce is a difficult time for a family. We work with clients by using our knowledge and experience to help guide them through the difficult transition. We have worked with clients in high net worth marital disputes, unmarried persons, and domestic partners. Our approach combines our attorney's business background and educational experience to provide practical and no-nonsense advice to clients.
Adoptions and Paternity
We have handled various types of adoptions, including private adoptions, agency adoptions, foster adoptions, adoptions involving the Interstate Compact on the Placement of Children, and the finalization of international adoptions. Our knowledge includes working through paternity questions in matters involving custody, visitation, and support.
Custody and Child Support
Custody and child support are often the most difficult, emotional, and complex aspects of a divorce. We work diligently to protect the parental rights and the best interest of the child or children involved.
Guardian Ad Litem
During a divorce, paternity proceeding, grandparent visitation matter, juvenile delinquency or guardianship matter, a court may appoint a Guardian Ad Litem (GAL) to represent and protect the best interests of a child or an incapacitated person, and provide the individual with services requested by the court, including – researching, examining, advocating, facilitating, and monitoring the child(ren)’s or incapacitated person’s situation on its own motion or a party to the case (or their attorney) may request that the court appoint a GAL.
Sadie Dillon-Baatz serves as a Guardian Ad Litem and has completed training that included specialized instruction and education on a variety of topics such as conducting home visits, investigating a child’s or an incapacitated individual’s situation, interviewing family members and service providers, and making reports with recommendations to the Court. This training allows her to represent the best interests of children and incapacitated individuals who are unable to represent themselves.
Real Estate
Real Estate Law
The lawyers in Barrett McNagny's Real Estate Group provide legal services and counsel to commercial and residential real estate developers, residential and commercial building contractors, financial institutions, municipal entities, retail, commercial and industrial businesses, real estate agents, and individual home and property owners.
In addition, most real estate matters encompass more than real estate law. Barrett McNagny has significant depth and experience in other disciplines that apply to both the simplest and the most complex real estate matters. Those include environmental, tax, governmental, municipal, corporate, bankruptcy, estate planning, insurance, and litigation experience.
Acquisitions and Sales
Care and attention are given to our clients by attorneys who are well versed in issues arising from the time real estate is acquired to the time it is sold. This representation includes negotiation of purchase and sale contracts, review of survey and title work, environmental assessments and wetland delineations, soil testing, inspection, and engineering issues, closing document preparation, closing settlement statements and services, and clearing any title problems.
Real Estate Finance
Lawyers in the Real Estate Group regularly represent owners of real estate, borrowers, banks, insurance companies, and other lenders in connection with the negotiation and preparation of documentation for routine-to-complex real estate loan transactions. Transactional matters include negotiation of loan commitments, construction and permanent financing transactions, mortgage warehousing, development financing, and other mortgage-backed secured transactions.
Land Use Regulation
Our lawyers are experienced in the regulatory environment affecting the redevelopment of improved real estate or the development of unimproved land for multi-use commercial projects, shopping centers, residential projects, industrial projects, and office parks. This includes an understanding and experience in all aspects of land-use planning such as zoning, subdivision, annexation, eminent domain, environmental law, and applicable federal, state, and local permitting requirements for real estate development and redevelopment.
Real Estate Development and Use
Our Real Estate Group represents developers of all types of real estate, including unimproved land, brownfields, commercial office, and industrial buildings, hotels, residential projects, and shopping centers. Our work includes drafting and negotiating purchase contracts, ground leases, site development agreements, restrictive covenant and easement agreements, and related documents pertaining to the development and use of unimproved or improved real estate.
Leasing
Our lawyers practice all types of commercial and residential real estate leasing, including office buildings, shopping centers, industrial projects, communications towers, and apartment buildings. We represent both landlords and tenants in all aspects of lease negotiations, including equity participation and complex tenant construction issues.
Construction Law
The lawyers in our Real Estate Group assist our clients with all aspects of construction projects, from the initial planning stage and design to the actual construction and post-construction period. This experience includes the negotiation of design and construction contracts, construction delay claims, design defects, mechanics liens, warranty issues, performance bond and insurance issues, environmental concerns, coordination of various regulatory agency requirements, contractor's default and insolvency, and related matters pertaining to the interests of both the owner and the contractor in commercial, industrial, and residential construction projects.