# Fort Wayne Law Firm | Barrett McNagny LLP Source: https://www.barrettlaw.com #150 Years of Trusted Counsel Committed to our Clients and Community [Find an Attorney](https:///our-people)[Practice Areas](https:///practice-areas) [This is a link to the original iframe source: https://player.vimeo.com/video/905660734?background=1&app_id=58479](https://player.vimeo.com/video/905660734?background=1&app_id=58479) ## Featured Areas of Practice [**Business Law**](https:///practice-areas/business-law) [**Intellectual Property**](https:///practice-areas/intellectual-property-law) [**Labor & Employment**](https:///practice-areas/labor-relations-and-employment-law) [**Litigation**](https:///practice-areas/litigation-services) [**Real Estate**](https:///practice-areas/real-estate-law) [**Personal Legal Services**](https:///personal-legal-services) [See All Practice Areas](https:///practice-areas) ##Why You Can Rely On Us Trusted. Responsive. Local. **Our Team**As Fort Wayne has grown, Barrett has grown with it, from a small two-man firm to a bustling, **diverse practice** capable of handling the smallest matters to sophisticated bet-the-company transactions. We have the **breadth of experience** across a wide **range of practice areas** to provide you the counsel you need – where and when you need it. [View Our Attorneys](https:///our-people) ![](https://./Data/Ads/1bfa49eda5d74b7b6b9c6f1ad7253ce7-barrett-attorneys-desk_01-26.jpg?v=2.2.56) Barrett McNagny has been a mainstay of the legal profession and northeast Indiana since 1876. We have earned the trust of our clients by steadfastly keeping to our core mission: to provide reliable and ready counsel where and when our clients require it. As our firm has grown, so has the breadth and sophistication of the counsel we can provide. When the need arises, we are ready with a comprehensive team dedicated to our clients and the community. [About Us](https:///about-the-law-firm) ![](https:///Websites/Default/gfx/HomePageAboutUs.jpg?v=2.2.56) ##Latest News [**Cohen Elected Chair of the Executive Committee** H. Joseph Cohen has been elected to serve as Chair of the firm’s… Read More](https://www.barrettlaw.com/blog/news/cohen-elected-chair-of-the-executive-committee) [**Geist Joins Family Law Team** Kayte Geist has joined the family law team at Barrett McNagny. Read More](https://www.barrettlaw.com/blog/family-law/geist-joins-family-law-team) [**Nuevo Joins Labor Team** Stephanie Nuevo joins the labor and employment team. Read More](https://www.barrettlaw.com/blog/labor-and-employment-law/nuevo-joins-labor-and-employment-team) [**Schreiber Elected Partner** Labor and employment attorney Sarah Schreiber has been elected Partner. Read More](https://www.barrettlaw.com/blog/labor-and-employment-law/schreiber-elected-partner) # Contact Barrett McNagny Source: https://www.barrettlaw.com/contact-us #Contact Barrett McNagny ##Contact Us If you have any questions about Barrett McNagny or would like to schedule an appointment to meet with us, please call us or stop by our office. We will be happy to help you in any way we can. Our firm is located at: 215 E. Berry St. Fort Wayne, IN 46802 Phone: [260-423-9551](https://tel:+12604239551) Email: [info@barrettlaw.com](https://mailto:info@barrettlaw.com) ### **Parking** Parking is available for clients and guests in the Barrett McNagny parking lot adjacent to our building. Entrance to the lot is located off of Barr Street, northwest of the intersection of Barr and East Berry streets. #### Request a Contact Please fill out the below request form and indicate the area of practice related to your interest and someone from our team will be in contact. * Required **Full Name*:** __________ **Email Address*:** __________ **Email Confirmation*:** __________ **Phone:** __________ **Area of Practice:** __________ [- Submit Form -] ####Thank you for contacting us! A representative will be in touch. [![](https:///Websites/Default/gfx/Google-Map-Static.png)](https://www.google.com/maps/search/?api=1&query=Barrett+McNagny+LLP%2C+East+Berry+Street%2C+Fort+Wayne%2C+IN%2C+USA) **Enter your location** __________ [- Submit Form -] # 2025 HR Case Law Update Video | Barrett McNagny LLP Source: https://www.barrettlaw.com/2025-hr-case-law-update-video #2025 HR Case Law Update Video The information and procedures set forth in the video below is subject to constant change and therefore should serve only as a foundation for further investigation and study of the current law and procedures related to the subject matter. Barrett McNagny LLP and contributing authors hereby disclaim any and all responsibility or liability arising from or claimed to have arisen from reliance upon the procedures and information, or utilization of same, in the above referenced materials and/or videos. [This is a link to the original iframe source: https://player.vimeo.com/video/1062465383?badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/1062465383?badge=0&autopause=0&player_id=0&app_id=58479) The information and procedures set forth in the above materials and/or videos are subject to constant change and therefore should serve only as a foundation for further investigation and study of the current law and procedures related to the subject matter. Barrett McNagny LLP and contributing authors hereby disclaim any and all responsibility or liability arising from or claimed to have arisen from reliance upon the procedures and information, or utilization of same, in the above referenced materials and/or videos. # 2025 HR Employee Benefits Update | Barrett McNagny LLP Source: https://www.barrettlaw.com/2025-hr-employee-benefits-update #2025 HR Employee Benefits Update The information and procedures set forth in the video below is subject to constant change and therefore should serve only as a foundation for further investigation and study of the current law and procedures related to the subject matter. Barrett McNagny LLP and contributing authors hereby disclaim any and all responsibility or liability arising from or claimed to have arisen from reliance upon the procedures and information, or utilization of same, in the above referenced materials and/or videos. [This is a link to the original iframe source: https://player.vimeo.com/video/1062758700?badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/1062758700?badge=0&autopause=0&player_id=0&app_id=58479) # 2025 HR Handbook Update | Barrett McNagny LLP Source: https://www.barrettlaw.com/2025-hr-handbook-update #2025 HR Handbook Update The information and procedures set forth in the video below is subject to constant change and therefore should serve only as a foundation for further investigation and study of the current law and procedures related to the subject matter. Barrett McNagny LLP and contributing authors hereby disclaim any and all responsibility or liability arising from or claimed to have arisen from reliance upon the procedures and information, or utilization of same, in the above referenced materials and/or videos. [This is a link to the original iframe source: https://player.vimeo.com/video/1062512329?badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/1062512329?badge=0&autopause=0&player_id=0&app_id=58479) # 2025 HR Legislative Update Video | Barrett McNagny LLP Source: https://www.barrettlaw.com/2025-hr-legislative-update-video #2025 HR Legislative Update Video The information and procedures set forth in the video below is subject to constant change and therefore should serve only as a foundation for further investigation and study of the current law and procedures related to the subject matter. Barrett McNagny LLP and contributing authors hereby disclaim any and all responsibility or liability arising from or claimed to have arisen from reliance upon the procedures and information, or utilization of same, in the above referenced materials and/or videos. [This is a link to the original iframe source: https://player.vimeo.com/video/1062488224?badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/1062488224?badge=0&autopause=0&player_id=0&app_id=58479) # 2025 HR Scenarios | Barrett McNagny LLP Source: https://www.barrettlaw.com/2025-hr-scenarios #2025 HR Scenarios The information and procedures set forth in the video below is subject to constant change and therefore should serve only as a foundation for further investigation and study of the current law and procedures related to the subject matter. Barrett McNagny LLP and contributing authors hereby disclaim any and all responsibility or liability arising from or claimed to have arisen from reliance upon the procedures and information, or utilization of same, in the above referenced materials and/or videos. [This is a link to the original iframe source: https://player.vimeo.com/video/1062547771?badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/1062547771?badge=0&autopause=0&player_id=0&app_id=58479) # About Fort Wayne | Barrett McNagny LLP Source: https://www.barrettlaw.com/about-fort-wayne #About Fort Wayne Fort Wayne has a rich history of innovation while remaining a friendly and welcoming community. An imaginative and creative community, Fort Wayne has produced ingenious advancements in various products, including handbags, gourmet chocolates, and the production of rolled steel. Expect a warm smile and a big-hearted show of support and compassion from residents. With a vibrant downtown, a flourishing arts community, three hometown sports teams, miles of trails to explore, two shopping malls and dozens of locally owned and operated restaurants, Fort Wayne provides residents with a variety of entertainment and outdoor activity options. Voted "one of the 10 Most Affordable Places to Live in 2015" by Livability, Fort Wayne is known for its high quality of life for residents at economical prices. Top-notch medical care is also available with five area hospitals boasting cutting edge cancer and heart centers. With a strong and progressive business climate, solid educational opportunities, affordable living and vibrant entertainment options- Fort Wayne is a great place to call home. Find out what Fort Wayne and Northeast Indiana have to offer at the video below. [This is a link to the original iframe source: https://www.youtube.com/embed/wXAwShMJCsM](https://www.youtube.com/embed/wXAwShMJCsM) ####[Make it Your Own: This is Northeast Indiana](https://static1.squarespace.com/static/5bc0a5ac0490791d5e055882/t/5d30c907e92aea00016db397/1563478283178/Northeast-Indiana-Make-It-Your-Own-Pocket-Guide.pdf) - [Fairs & Festivals](https://neindiana.com/living-here/quality-of-life/events-fairs-and-festival/) - [Outdoor Adventures](https://neindiana.com/living-here/quality-of-life/) - [Dining and Nightlife](https://neindiana.com/living-here/quality-of-life/dining-and-nightlife/) - [Sports ](https://neindiana.com/living-here/quality-of-life/sports/) - [Arts and Culture](https://neindiana.com/living-here/quality-of-life/arts-and-culture/) [](https://neindiana.com/living-here/quality-of-life/sports/) [Northeast Indiana Blog](https://neindiana.com/blog) ###![](https://www.barrettlaw.com/Data/Accounts/Files/1/4e7fe64ddfc9117f82172d595bedd4ff-Northeast-Indiana-Make-It-Your-Own-Logo.jpg) ###General Information [![](https:///Data/Accounts/Files/1/bb42999e788f757d78af93d958ac14fb-cityofFW.jpg)](https://www.cityoffortwayne.org/) [![](https:///Data/Accounts/Files/1/0401681b288ff0496b27565ee6358f7d-allencounty.jpg)](https://http://www.allencounty.us/) [![](https:///Data/Accounts/Files/1/83502930ec011966d9bc799179b80c3f-2015_NEIRP_Logo.png)](https://neindiana.com/) [![](https:///Data/Accounts/Files/1/d75f5e5c9443d6ebf235625f72f274c8-GreaterFW.jpg)](https://www.greaterfortwayneinc.com/) ###Local News - [The Journal-Gazette](https://http://www.journalgazette.net) - [The News-Sentinel](https://www.news-sentinel.com/) ###Education - [Canterbury School](https://www.canterburyschool.org/) - [Concordia Theological Seminary](https://www.ctsfw.edu/) - [East Allen County Schools](https://www.eacs.k12.in.us/) - [Fort Wayne Community Schools](https://www.fortwayneschools.org/) - [Indiana Tech](https://www.indianatech.edu/) - [Purdue University Fort Wayne](https://www.pfw.edu/) - [Ivy Tech](https://www.ivytech.edu/fortwayne/) - [Northwest Allen County Schools](https://www.nacs.k12.in.us/) - [Southwest Allen County Schools](https://http://www.sacs.k12.in.us/) - [Trine University](https://www.trine.edu/) - [University of Saint Francis](https://www.sfc.edu/) ###Hospitals - [Lutheran Hospital of Indiana](https://www.lutheranhospital.com/) - [Parkview Health System](https://www.parkview.com/) - [St. Joseph Hospital](https://www.stjoehospital.com/) - [Dupont Hospital](https://theduponthospital.com/) ###Housing & Relocation - [Fort Wayne Apartment Association](https://aafw.org/) - [Fort Wayne Realtors Association](https://http://upstarindiana.com/) - [Fort Wayne Home Builders Association](https://hbafortwayne.com/) ###Sports - [Fort Wayne Golf Course Directory](https://http://www.fortwayne.com/golf/course-directory-2/) - [Fort Wayne Komets](https://www.komets.com) - [Fort Wayne Mad Ants](https://fortwayne.gleague.nba.com/) - [Fort Wayne TinCaps](https://www.milb.com/fort-wayne) - [Spiece Fieldhouse](https://www.gymratsbasketball.com/) - [The Plex](https://www.plexsports.com/) - [YMCA](https://www.fwymca.org/) ###Entertainment & Current Events - [Allen County War Memorial Coliseum](https://http://www.memorialcoliseum.com/) - [Arena Dinner Theatre](https://www.arenadinnertheatre.org/) - [Downtown Improvement District](https://http://www.downtownfortwayne.com/) - [Foellinger-Freimann Botanical Conservatory](https://http://www.botanicalconservatory.org/) - [Fort Wayne Ballet](https://www.fortwayneballet.org/) - [Fort Wayne Children's Zoo](https://kidszoo.org/) - [Fort Wayne Cinema Center](https://cinemacenter.org/) - [Fort Wayne Civic Theatre](https://www.fwcivic.org/) - [Fort Wayne Museum of Art](https://www.fwmoa.org/) - [Fort Wayne Parks & Recreation](https://http://www.fortwayneparks.org/) - [Fort Wayne Philharmonic](https://fwphil.org/) - [Fort Wayne Youtheatre](https://www.fortwayneyoutheatre.org/) - [German Fest](https://germanfest.org/) - [Glenbrook Square & Commons](https://www.glenbrooksquare.com) - [Johnny Appleseed Festival](https://www.johnnyappleseedfest.com/) - [Science Central](https://www.sciencecentral.org) - [The Embassy Theatre](https://http://fwembassytheatre.org/) - [Three Rivers Festival](https://http://threeriversfestival.org/) - [Ticketmaster](https://www.ticketmaster.com/search?q=Fort+Wayne) ###Other - [Allen County Public Library](https://http://www.acpl.lib.in.us/) - [Fort Wayne International Airport](https://fwairport.com/) # About our Female Lawyers | Barrett McNagny LLP Source: https://www.barrettlaw.com/about-our-female-lawyers #About our Female Lawyers Barrett McNagny LLP has been successful in recruiting female attorneys and currently have ten women attorneys within the firm. The female attorneys meet quarterly to provide an avenue to discuss marketing legal services to female clients, develop business relationships with other women in the community, and to bring together colleagues for business and networking purposes. Over the years, this has included hosting workshops specific to women in business, promoting women owned companies through print advertisements and hosting events at shops that are owned and operated by local women. ![](https:///Data/Accounts/Files/1/8727a12d0519f1169d84782f19b59ae2-ImageforWebsiteforFemaleLawyerPage-min.png) Our female attorneys also meet to discuss new and relevant topics and look for new opportunities to be active within the community. Our female attorneys are very active in serving our location community, including being involved in the following organizations: - Fort Wayne Children's Zoo - Leukemia and Lymphoma Society of Northeast Indiana - McMillen Health - Young Leaders of Northeast Indiana - Amani Family Services - Unity Performing Arts Foundation # About The Law Firm | Barrett McNagny LLP Source: https://www.barrettlaw.com/about-the-law-firm #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. [Our People](https://www.barrettlaw.com/our-people) [Our Retired Attorneys](https://www.barrettlaw.com/retired-attorneys) [![](https:///Data/Accounts/Files/1/c0c853f9e10b0fd8b6993669b737058b-ChamberFirmLogo.jpg)](https://chambers.com/law-firm/barrett-mcnagny-llp-usa-5:65401) [![](https:///Data/Accounts/Files/1/d24f5dc77fbf5106b73c4650ef76ef81-Attorneys_2026_GOLD_ANNIVERSARY_75_YEARS_WEB.png)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264) ![](https:///Data/Accounts/Files/1/4f7dd4da57d3a05f1b4865655f297bfc-1.png) ####Areas Of Practice Attorneys at Barrett McNagny LLP practice in a variety of different areas. These areas include: [Alternative Dispute Resolution](https://'ListItem ListItemLink PracticeAreaListItem' href='practice-areas/alternative-dispute-resolution'> # ADA Compliance | Barrett McNagny LLP Source: https://www.barrettlaw.com/ada-compliance #ADA Compliance We care that our website is built responsibly and can be used by everyone. We have made every effort to ensure that our website meets current best practices and relevant legislation. Our continuous site improvements are guided by relevant portions of the Web Content Accessibility Guidelines 2.0, Level AA and other recommendations. We welcome and appreciate any input to ensure our site remains accessible to all. If you have any feedback or questions please contact us: [info@barrettlaw.com](https://mailto:info@barrettlaw.com). ##**STANDARDS AND COMPLIANCE** - Pages on this site make use of HTML5, CSS3 and other modern web technologies. - This site aims to comply with Section 508 by adhering to the latest version of the Web Accessibility Content Guidelines WCAG 2.0. ##**BROWSERS** - We support standards-compliant browsers as a priority and make use of progressive enhancements to ensure delivery of information to all browsers. - Users with older browsers will still be able to access all information, though the visual experience may differ. ##**MOBILE DEVICES** - The layout and configuration of this website have been optimized for mobile and tablet devices. - We have used Responsive Web Design techniques to improve the browsing experience on devices with a wide variety of screen sizes. ##**LINKS** - Links are written to make sense out of context. - Links to downloadable documents or PDFs are marked as such, and links to downloadable contact information are also clearly labeled. ##**IMAGES** - All content images used in this site include text alternatives. - All background and decorative images are created with stylesheets. - Our web pages are designed so that the content is still legible and accessible with images turned off, or when stylesheets are unavailable. For ADA access issues or questions contact Molly Rommel, Director of Marketing, at 260.423.9551 at [mjr@barrettlaw.com](https://mailto:mailto: mjr@barrettlaw.com). # Associate Recruiting Process | Barrett McNagny LLP Source: https://www.barrettlaw.com/associate-recruiting-process #Associate Recruiting Process Barrett McNagny LLP primarily recruits from the top one-third of law school classes as well as judicial clerks. Since each student is considered on an individual basis, we emphasize strong academic achievement in law school and a demonstration of outstanding verbal and written communication skills. Each individual is also evaluated in light of his or her undergraduate performance, extra-curricular interests, and prior work experience. We recruit first- and second-year law students for our summer program. For second-year law students, our recruiting process takes place during the fall on-campus recruiting season. We also accept resumes for summer associate positions from students attending law schools where we do not interview on campus. We generally recruit first-year law students during the late winter and early spring. All interested candidates from law schools at which we do not conduct on-campus interviews should send their resume, cover letter, transcript, and a writing sample to Ms. Melinda Jones, our Recruiting Coordinator, at the following address: Barrett McNagny LLP 215 E. Berry Street Fort Wayne, IN 46802 Phone: 260.423.8885 Fax: 260.423.8920 [msj@barrettlaw.com ](https://mailto:mailto: msj@barrettlaw.com) Qualified candidates are invited to our office for additional interviews. ##On-Campus Recruiting Barrett McNagny regularly visits the following law schools for on-campus recruiting: - University of Michigan - Indiana University—Bloomington - Indiana University—Indianapolis - University of Notre Dame - University of Illinois Barrett McNagny is an equal opportunity employer. From recruitment through employment and promotion, it is the policy of our firm to provide equal opportunity at all times without regard to race, color, religion, sex, age, or national origin. Our firm also participates in minority recruiting programs for first-year and second-year law students through the Indiana State Bar Association. ####About Fort Wayne Click on the links below for videos about northeast Indiana. [Make It Your Own: Northeast Indiana](https://neindiana.com/living-here/) - [Video](https://www.youtube.com/watch?v=wXAwShMJCsM) [](https://neindiana.com/living-here/)[Downtown Fort Wayne](https://http://downtownfortwayne.com/) [Arts and Culture](https://neindiana.com/living-here/quality-of-life/arts-and-culture/) [Events, Fairs and Festivals](https://neindiana.com/living-here/quality-of-life/events-fairs-and-festival/) [Dining and Nightlife](https://neindiana.com/living-here/quality-of-life/dining-and-nightlife/) [Sports](https://neindiana.com/living-here/quality-of-life/sports/) # Barrett McNagny Best Lawyers Listing | Barrett McNagny LLP Source: https://www.barrettlaw.com/barrett-mcnagny-best-lawyers-listing-fort-wayne #Barrett McNagny Best Lawyers Listing **The 2025 Best Lawyers in America Listing:** - **[Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains): **Real Estate Law and Litigation- Real Estate - **[John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce): **Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Businesses Law; Corporate Law - **[H. Joseph Cohen](https://www.barrettlaw.com/our-people/h-joseph-cohen): **Employment Law- Management; Health Care Law; Labor Law - Management - **[Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris):** Arbitration and Commercial Litigation - **[Richard E. Fox](https://www.barrettlaw.com/our-people/richard-e-fox): **Banking and Finance Law; Commercial Finance Law; Corporate Law - [Marcus A. Heminger](https://www.barrettlaw.com/our-people/marcus-a-heminger): Securities/Capital Markets Law; Securitization and Structured Finance Law - **[Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice): **Litigation – Insurance - [Robert T. Keen:](https://www.barrettlaw.com/our-people/robert-t-keen-jr)Bet-the-Company Litigation; Civil Rights Law; Commercial Litigation; Litigation – Labor & Employment; Litigation – Municipal; Personal Injury Litigation – Defendants - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough):** Litigation – Insurance; Employment Law-Management - [Michael H. Michmerhuizen](https://www.barrettlaw.com/our-people/michael-h-michmerhuizen)- Appellate Practice; Commercial Litigation, Litigation-Insurance - **[Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy): **Litigation – Insurance - **[Joshua C. Neal](https://www.barrettlaw.com/our-people/joshua-c-neal):** Land Use and Zoning Law; Real Estate Law - **[Thomas M. Niezer](https://www.barrettlaw.com/our-people/thomas-m-niezer): **Real Estate Law - **[James J. O’Connor](https://www.barrettlaw.com/our-people/james-j-oconnor): **Employment Law- Management; Labor Law – Management - **[Michael P. O’Hara](https://www.barrettlaw.com/our-people/michael-p-ohara):** Banking and Finance Law; Corporate Law - **[Trisha J. Paul:](https://www.barrettlaw.com/our-people/trisha-j-paul) **Trusts and Estates - [William A. Ramsey:](https://www.barrettlaw.com/our-people/william-a-ramsey)Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants - [Cathleen M. Shrader:](https://www.barrettlaw.com/our-people/cathleen-m-shrader)Appellate Practice; Commercial Litigation - [David R. Steiner:](https://www.barrettlaw.com/our-people/david-r-steiner) Corporate Law; Environmental Law; Real Estate - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites): **Employment Law – Management; Labor Law – Management; Labor Law – Union; Litigation – Labor and Employment - **[Emily S. Szaferski](https://www.barrettlaw.com/our-people/emily-s-szaferski): **Family Law - **[Samuel J. Talarico, Jr.:](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr) **Corporate Law; Mergers and Acquisitions Law; Securities/Capital Markets Law - **[Philip A. Wagler:](https://www.barrettlaw.com/our-people/philip-a-wagler) **Trusts and Estates - **[Jeffrey M. Woenker](https://www.barrettlaw.com/our-people/jeffrey-m-woenker): **Business Organizations (Including LLCs and Partnerships); Corporate Law; Tax Law **The 2025 Best Lawyers in America®**: **Ones to Watch** in their respective practice areas: - **[Thomas E. Ludwiski](https://www.barrettlaw.com/our-people/thomas-e-ludwiski): **Corporate Law; Tax Law; Mergers & Acquisitions; Business Organizations (including LLCs and Partnerships) - **[Justin T. Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris): **Business Organizations (including LLCs and Partnerships); Corporate Law; Mergers & Acquisitions Law: Privacy and Data Security Law; Securities/Capital Markets Law - **[David C. Pricer](https://www.barrettlaw.com/our-people/david-c-pricer): **Appellate Practice - **[Carta H. Robison](https://www.barrettlaw.com/our-people/carta-h-robison): **Litigation [](https://www.barrettlaw.com/blog/news/2024-best-lawyers-listing)[2024 Best Lawyers in America 2024 Listing](https://www.barrettlaw.com/blog/news/2024-best-lawyers-listing)[](https://www.barrettlaw.com/blog/news/2024-best-lawyers-listing) [2023 Best Lawyers in America® 2023 Listing](https://www.barrettlaw.com/blog/news/firm-attorneys-listed-in-the-2023-best-lawyers-in-america-publication) [](https://www.barrettlaw.com/blog/news/2024-best-lawyers-listing) [2022 Best Lawyers in America Listing](https://www.barrettlaw.com/blog/news/2022-best-lawyers-in-america-listing) ####[2022 "Lawyers of the Year" in Best Lawyers in America](https://www.barrettlaw.com/blog/litigation/2022-lawyers-of-the-year-in-best-lawyers-in-america) ####[2021 Best Lawyers Listing](https://www.barrettlaw.com/blog/news/the-best-lawyers-in-america-2021-publication) ####[2021 "Lawyers of the Year" in Best Lawyers in America](https://www.barrettlaw.com/blog/news/best-lawyers-in-america-lawyers-of-the-year-2021) ####[2020 Best Lawyers Listing Release](https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-best-lawyers-in-america) ####[2020 "Lawyers of the Year" in Best Lawyers in America Release](https://www.barrettlaw.com/blog/news/the-best-lawyers-in-america-2020-lawyers-of-the-year) ####[2019 Best Lawyers Listing Release](https://www.barrettlaw.com/blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2019) ####[2019 "Lawyers of the Year" in Best Lawyers in America Release](https://www.barrettlaw.com/blog/news/local-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) # Barrett McNagny Super Lawyers Listing | Barrett McNagny LLP Source: https://www.barrettlaw.com/barrett-mcnagny-super-lawyers-listing-fort-wayne #Barrett McNagny Super Lawyers Listing The following attorneys have been selected by Super Lawyers. Super Lawyers is a Thomson Reuters business and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. ##[2023 Super Lawyers Listing](https://www.barrettlaw.com/blog/news/listing-in-2023-indiana-super-lawyers-for-2023) **Barrett McNagny ****LLP** is proud to announce its listing in Indiana Super Lawyers for 2023. The following attorneys were selected for inclusion in their respective practice areas: - **[Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)– **Alternative Dispute Resolution - **[Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice)–** Medical Malpractice Defense - **[Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr) – **Business Litigation - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) – **Employment & Labor - **[William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) –** Business Litigation - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites)– **Employment & Labor ##[2022 Super Lawyers](https://www.barrettlaw.com/blog/news/barrett-mcnagny-attorney-2022-indiana-super-lawyers-publication) ##[2021 Super Lawyers](https://www.barrettlaw.com/blog/news/attorneys-recognized-in-2021-indiana-super-lawyers-publication) ##[2020 Super Lawyers](https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-2020-super-lawyers-publication) ##[2019 Indiana Super Lawyers Listing](https://www.barrettlaw.com/blog/news/2019-indiana-super-lawyers-listing) ##[2018 Super Lawyers](https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2018) ##[2017 Super Lawyers](https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2017) ##[2016 Super Lawyers Press Release](https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2016) ##[2015 Super Lawyers Press Release](https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2015) # Blog Disclaimer | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog-disclaimer #Blog Disclaimer The blog published by Barrett McNagny is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation. # Client Payment Portal | Barrett McNagny LLP Source: https://www.barrettlaw.com/client-payment-portal #Client Payment Portal We currently can't process any VISA payments due to a system update issue. We working to correct the issue. Please check back at later date. Thank you for your patience. # Compensation & Benefits | Barrett McNagny LLP Source: https://www.barrettlaw.com/compensation-and-benefits #Compensation & Benefits New law school graduates starting with the firm receive a competitive annual compensation which includes an additional 8% of the base salary contributed by the firm to the firm's 401(k) plan for the benefit of the associate. Beginning in an associate's third full calendar year of employment, the firm also offers the opportunity to receive a productivity bonus for exceeding stated fee receipt targets. Salaries are reviewed regularly and adjustments are made to reflect the changing legal market. Fort Wayne is known for its affordable cost of living with housing prices consistently ranking below the national average. The city has been ranked number one by niche.com in 2022 for "Cities with the Lowest Cost of Living in America", ranked by Reader's Digest one of the "Best Places to Move in the U.S.", listed as one of 15 "Best Cities for Gen Z to Live Well on a Budget" by GoBankingRates.com and a "Top 10 City for Highest Quality of Life" by Nerdwallet. [Click here for a full listing of accolades. ](https://www.visitfortwayne.com/about/about-fort-wayne/accolades/) ###Employee benefits Employee benefits offered to full-time associates (subject to plan eligibility requirements) include the following: **Medical insurance** Provided to you and your dependents, subject to applicable premiums, deductibles, and co-pays. Health insurance coverage begins on the first day of the month following your employment. **Health savings account** Associates may establish these accounts to reimburse medical expenses not covered by the firm's health insurance plan. **Retirement plan** Enrollment takes place on the first day of the month following the associate's starting date. The firm makes a contribution to a participating associate's retirement account equal to 8% of the associate's salary, regardless of the percentage contributed by the associate. The associate may also choose to make additional voluntary pre-tax contributions to the plan. **Term life and accidental death and dismemberment insurance** The term life insurance coverage currently offered is equal to approximately five times the associate's annual salary. **Long-term disability plan** Long-term disability coverage currently provides replacement income equal to 60% of the associate's monthly salary. **Association Dues** The firm pays for each associate's Allen County Bar Association dues, as well as the Indiana Supreme Court Disciplinary dues. **Paid continuing legal education courses** The firm pays expenses or reimburses associates for approved continuing legal education courses. **Professional liability insurance** The firm provides attorneys with professional liability insurance and reimbursement for a personal umbrella liability insurance policy. **Wellness** The firm offers a variety of wellness programs, including an exercise and fitness facility located at the firm and counseling for attorneys and their families. **Miscellaneous** - **Local Sporting Events:** - Memorial Coliseum: the firm has a suite allowing access to watch Fort Wayne Komet hockey games, the Fort Wayne Mad Ants basketball games and Purdue Fort Wayne men's basketball games. Parkview Field: the firm has a suite allowing access to watch TinCaps baseball games. The TinCaps are part of the Midwest League and the High A-affiliate of the San Diego Padres. University of Saint Francis Stadium: the firm is a sponsor of the Fort Wayne Football Club allowing access to local soccer games. **Performances** - The firm has a partnership with The Honeywell in Wabash offering a discount on certain shows. Through the firm's suite at the Coliseum there are pre-sale opportunities for specific shows. Through the firm's suite at the TinCaps stadium there are pre-sale opportunities for any specialty performances. ###[Living in Fort Wayne](https://www.barrettlaw.com/about-fort-wayne) Fort Wayne is the second largest city in the state of Indiana, and the city's metro area has a population of over 425,000 people. But it's not the size of the city that's important — it's the uniqueness of the culture that makes this a wonderful place to live, work and play. The city boasts an impressive school system, a thriving economy, a growing job market, and ample opportunities to attend community activities, sporting events, festivals, and art and music scenes. Fort Wayne is a three-time All American City Award winner, and consistently noted for our high quality of life, low cost of living and warm Hoosier hospitality. It's a great place to relocate and start a career with Barrett McNagny. ####Application info We encourage first or second-year law students who are in the top one-third of their class to contact us. We also welcome inquiries by quality attorneys considering lateral employment opportunities. If you are interested in career opportunities with Barrett McNagny, please forward your resume, cover letter, transcript and a writing sample to Molly Rommel at the following address: Molly Rommel Barrett McNagny LLP 215 E. Berry Street Fort Wayne, IN 46802 P: (260) 423-8888 F: (260) 423-8920 [mjr@barrettlaw.com](https://mailto:mailto: mjr@barrettlaw.com) # Conference | Barrett McNagny LLP Source: https://www.barrettlaw.com/conference #Conference ## # # [![](https:///Data/Accounts/Files/1/1ae0bd3aa7d3cf68976783fcce2fb663-HRBannerforWebsite.png)](https://www.eventbrite.com/e/2026-human-resources-seminar-tickets-1978636545170?aff=oddtdtcreator) [Materials for the 2026 Human Resources Conference](https://www.barrettlaw.com/Data/Accounts/Files/1/2026HRConference-Materials.pdf) [Submission Form for Questions at the 2026 Human Resources Conference](https://forms.office.com/r/39R16J10hC) The information and procedures set forth in the above materials and/or videos are subject to constant change and therefore should serve only as a foundation for further investigation and study of the current law and procedures related to the subject matter. Barrett McNagny LLP and contributing authors hereby disclaim any and all responsibility or liability arising from or claimed to have arisen from reliance upon the procedures and information, or utilization of same, in the above referenced materials and/or videos. [](https://www.barrettlaw.com/our-people/james-j-oconnor) ### # Contact Barrett McNagny Source: https://www.barrettlaw.com/contact-us #Contact Barrett McNagny ##Contact Us If you have any questions about Barrett McNagny or would like to schedule an appointment to meet with us, please call us or stop by our office. We will be happy to help you in any way we can. Our firm is located at: 215 E. Berry St. Fort Wayne, IN 46802 Phone: [260-423-9551](https://tel:+12604239551) Email: [info@barrettlaw.com](https://mailto:info@barrettlaw.com) ### **Parking** Parking is available for clients and guests in the Barrett McNagny parking lot adjacent to our building. Entrance to the lot is located off of Barr Street, northwest of the intersection of Barr and East Berry streets. #### Request a Contact Please fill out the below request form and indicate the area of practice related to your interest and someone from our team will be in contact. * Required **Full Name*:** __________ **Email Address*:** __________ **Email Confirmation*:** __________ **Phone:** __________ **Area of Practice:** __________ [- Submit Form -] ####Thank you for contacting us! A representative will be in touch. [![](https:///Websites/Default/gfx/Google-Map-Static.png)](https://www.google.com/maps/search/?api=1&query=Barrett+McNagny+LLP%2C+East+Berry+Street%2C+Fort+Wayne%2C+IN%2C+USA) **Enter your location** __________ [- Submit Form -] # Contact Information | Barrett McNagny LLP Source: https://www.barrettlaw.com/contact-information #Contact Information ###Employment Contact We encourage first- or second-year law students who are in the top one-third of their class to contact us and welcome inquiries by quality attorneys considering lateral employment opportunities. If you are interested in career opportunities with Barrett McNagny, please forward your resume, cover letter, transcript, and a writing sample to Ms. Jennifer Reese, our Recruiting Coordinator, at the following address: Ms. Jennifer Reese Barrett McNagny LLP 215 E. Berry Street Fort Wayne, IN 46802 Phone: 260.423.8885 Fax: 260.423.8920 [jar@barrettlaw.com](https://mailto:jar@barrettlaw.com) # Court of Appeals Article | Barrett McNagny LLP Source: https://www.barrettlaw.com/court-of-appeals-article #Court of Appeals Article **Court of Appeals issues decision clarifying judicial review of challenges to the reasonableness of expert witness fees but leaves some questions unresolved.** **By: **[William Ramsey](https://http://www.barrettlaw.com/our-people/william-a-ramsey) The recent decision of Beckerman v. Surtani, M.D., 48A02-14-7-PL-527, --- N.E.3d --- (Ind. Ct. App., February 13, 2015), involved a dispute of only $2,000. Despite the relatively small amount of money involved, this decision provides important and much-needed guidance for practitioners and trial courts dealing with a party's objection to the rates charged by another party's expert for depositions and other discovery responses. For many types of litigation, parties will need an expert or experts to either meet their burden of proof or to respond to an opposing party's claims and evidence. Cases involving medical negligence, defective products, or disputes over the cause of a physical injury often consist of a battle between the parties' experts. Therefore, parties often retain highly skilled and qualified experts whose services do not come cheaply. The party retaining an expert, of course, has the choice of whether to accept an expert's rates or to look elsewhere. A party who wishes to depose an opponent's expert does not have this same choice. Instead, a party who believes an opponent's expert's rates are unreasonable must seek relief from a trial court pursuant to Indiana Trial Rule 26(B)(4), which gives a trial court the ability to determine a reasonable rate for expert discovery. Specifically, the Rule states: The court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivision (B)(4)(a)(ii) and (B)(4)(b) of this rule. Ind. Trial Rule 26(B)(4)(c)(1) (emphasis added). Although expert fees can approach or even exceed $2,000 per hour, the time required to pursue an order reducing such a fee can lead parties to simply pay an unreasonable fee. Even if a party can justify seeking an order from a trial court, the cost of appealing a trial court's decision would, except in the most extreme cases, almost certainly exceed the amount in controversy. Therefore, although disputes over the reasonableness of an expert's fee are not uncommon, it is not surprising that the Beckerman decision was the first instance in which the Indiana Court of Appeals directly and in any sort of detail addressed a challenge to an expert's fee. In Beckerman, a medical malpractice case, the plaintiff's expert attempted to charge the defendant $4,000 for a deposition and $400 per hour of preparation time. The defendant filed a motion with the trial court objecting to these rates. The trial court issued an order requiring the defendant to pay the plaintiff's expert $2,000 to cover two hours of deposition time and two hours of preparation time and stating that any additional fees required by the expert would be the plaintiff's responsibility. The plaintiff then paid his expert the additional $2,000 requested by the expert and the deposition occurred. The plaintiff ultimately dismissed the medical malpractice claim and then sought reimbursement for the $2,000 he had paid his expert. The trial court found that, although the plaintiff had shown that $1,000 per hour was a reasonable rate, the defendant should not be required to pay the plaintiff's expert for his preparation time. The plaintiff then appealed. The Court of Appeals' most important statement could be its preliminary recognition of the relevance of federal authority. Although prior Court of Appeals decisions have recognized the relevance of federal opinions to discovery matters, see, e.g., Riggin v. Rea Riggin & Sons, Inc., 738 N.E.2d 292, 309 (Ind. Ct. App. 2000), the Beckerman decision appears to be the first to have done so on the specific issue of the reasonableness of an expert's fee. Although Indiana courts have not developed a body of case law on this issue, ample federal authority exists. See, e.g., Se-Kure Controls, Inc. v. Vanguard Products Grp., Inc., 873 F. Supp. 2d 939, 955 (N.D. Ill. 2012); Anthony v. Abbott Laboratories, 106 F.R.D. 461 (D.R.I. 1985). In fact, federal courts have adopted a seven-factor test for evaluating the reasonableness of an expert's fee: 1) the witness's area of expertise; (2) the education and training that is required to provide the expert insight which is sought; (3) the prevailing rates of other comparably respected available experts; (4) the nature, quality and complexity of the discovery responses provided; (5) the fee actually being charged to the party who retained the expert; (6) fees traditionally charged by the expert on the rebated matters; and (7) any other factor likely to be of assistance to the court in balancing the interest implicated by Rule 26. Dominquez v. Syntex Labs, Inc., 149 F.R.D. 166, 167 (S.D. Ind. 1993); Artistic Carton Co. v. Thelamco, Inc., 2008 WL 2622806 (N.D. Ind. 2008)[1] (citing Jochims v. Izzuzu Motors Ltd., 141 F.R.D. 493, 495 (S.D. Iowa 1992)); Profile Products, LLC v. Soil Management Tech., Inc., 155 F.Supp. 2d 880, 886 (N.D. Ill. 2001). Following Beckerman, parties can confidently cite this test and related federal authority when challenging the reasonableness of an expert's fees in state court. The Beckerman Court also noted that a trial court enjoys considerable discretion when determining a reasonable expert fee. This statement is far from surprising, as trial courts generally enjoy broad discretion when ruling on discovery matters. Unfortunately, the Beckerman decision left open the question of whether a party is required to pay for an opposing expert's preparation time in addition to actual deposition time. The Court noted that there was no evidence in the record of how much time the plaintiff's expert spent preparing for the deposition or that the plaintiff actually paid the expert for his preparation. Therefore, the Beckerman Court expressly declined to consider the issue of whether Trial Rule 26(B)(4)(c)(i)'s requirement that a party pay “a reasonable fee for time spent in responding to discovery” encompasses preparation time for a deposition. Federal courts hold that parties are generally not required to pay for an opposing expert's preparation time, but that exceptions exist, such as when a significant period of time passes between the time of an expert's initial work on a case and the date of the deposition. See S.A. Healy Co. v. Milwaukee Metro. Sewerage Dist., 154 F.R.D. 212, 214 (E.D. Wis. 1994). Based on the Beckerman Court's recognition of federal authority's relevance, it is reasonable to assume that Indiana would take a similar approach. In sum, the Beckerman decision is important in that it is the first published Indiana decision on an issue that arises with some regularity but, because of the interlocutory nature of any order and practical considerations related to cost, had not come directly before the Court of Appeals. Although the decision clarifies the applicability of federal authority and emphasizes a trial court's discretion when setting a reasonable fee, the decision also leaves somewhat open the issue of whether an expert's preparation time is included in the fee. Unfortunately, we are unlikely to hear from the Court of Appeals again on this issue in the near future, and should instead look to federal district court decisions for development on the issue. *** [1] In the interest of full disclosure, Barrett McNagny, LLP, represented the party in Artistic Carton that convinced the Federal District Court to reduce an opponent's expert fee. # Cybersecurity and Employee Benefits Seminar for Human Resource Professionals | Barrett McNagny LLP Source: https://www.barrettlaw.com/virtual-seminar-cybersecurity-employee-benefits #Cybersecurity and Employee Benefits Seminar for Human Resource Professionals The video below is from the [Virtual Human Resources Seminar](https://www.barrettlaw.com/conference) hosted by Barrett McNagny on September 2, 2020 for human resource professionals, business owners and executives. The seminar featured [James J. O'Connor](https://www.barrettlaw.com/our-people/james-j-oconnor) discussing cybersecurity, data privacy and teleworking. [N. Thomas Horton ](https://www.barrettlaw.com/our-people/n-thomas-horton-ii)and [Steve R. Uhey](https://www.barrettlaw.com/our-people/steve-r-uhey) provided an update on employee benefits and changes in health and welfare plans and retirement plans due to COVID-19. [This is a link to the original iframe source: https://www.youtube-nocookie.com/embed/yxeyF83DGSA?rel=0](https://www.youtube-nocookie.com/embed/yxeyF83DGSA?rel=0) To view other recordings from the virtual seminar choose a link below: - [Case Law Updates & Managing a Multi-Generational Workforce During COVID-19](https://www.barrettlaw.com/virtual-seminar-case-law-update) - [Everything COVID-19 for HR Professionals: Sick Leave, Wage and Hour, and FMLA](https://www.barrettlaw.com/virtual-seminar-covid-19) The information contained in these videos are for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel. # Data Security and Privacy Webinar | Barrett McNagny LLP Source: https://www.barrettlaw.com/data-security-and-privacy-webinar #Data Security and Privacy Webinar [This is a link to the original iframe source: https://www.youtube.com/embed/8tUZ2WDLrPk?rel=0](https://www.youtube.com/embed/8tUZ2WDLrPk?rel=0) For questions regarding data privacy and security contact [Justin Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris), a business law attorney and Certified Information Privacy Professional, at 260.423.8859 or at [jtm@barrettlaw.com](https://mailto:mailto: jtm@barrettlaw.com). The information contained in these videos are for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel. # Development & Training Program | Barrett McNagny LLP Source: https://www.barrettlaw.com/development-and-training-program #Development & Training Program Each associate who joins our team is paired with one or two supervising partners. The primary role of the supervising partner is to assist the associate in his or her day-to-day development as an attorney and as an associate at Barrett McNagny. This includes working with the associate on workload, work assignments, proper billing and timekeeping procedures, and a periodic review of the associate's yearly marketing plan. The supervising partner program is designed as a mentoring process that requires the associate and the supervising partner to communicate with each other on a regular basis regarding all aspects of the practice of law. Barrett McNagny has an Associate Committee comprised of partners who oversee the associate program for the firm. This committee oversees the mentoring process for the associates, has regular meetings with associates, and oversees the performance review process of our associates. Each associate is evaluated at least two times during the year. A formal year-end evaluation is undertaken by the Associate Committee in December with his or her mentoring partner and a member of the Associate Committee. Each associate is given a summary of his or her year-end evaluation. A less formal mid-year evaluation occurs in July or August. Associates collectively meet with members of the Associate Committee and other partners to discuss various business development-related issues and topics. While the Associate Committee is primarily responsible for developing the agenda for each meeting, associates are encouraged to recommend topics that may be of particular interest. Associates are eligible for partnership after completing eight full calendar years of credited service. Partnership decisions are made by the full partnership upon recommendation from the firm's Executive Committee and are based upon a variety of factors including quality of legal work, productivity, business development ability, and personal character. The firm assists the associates in complying with continuing legal education requirements by underwriting the costs to attend seminars. The firm also maintains a law library with both print and online accessibility, online research capabilities, subscription services, and other legal educational materials. Barrett McNagny believes in supporting a balanced quality of life for our attorneys. We value and recognize the importance of professional, community, and family priorities. ###Marketing Development and Training We encourage Barrett McNagny's associates to participate in firm-wide marketing activities and to attend firm-sponsored events. Our associates formulate and update an individual marketing plan with the assistance of our full-time marketing director. Associates are encouraged to become actively involved in the community through civic and nonprofit organizations. In addition to serving the community, civic involvement can assist associates in cultivating relationships and the skills and contacts necessary to produce business. Associates are invited to attend regularly scheduled business development luncheons. These luncheons provide valuable insight into various client service and business development issues as well as allow associates to ask marketing-related questions. These luncheons are also used to provide associates with the information or skills needed to contribute positively to the firm's business development and client retention efforts. In addition, associates participate in practice area-specific marketing groups to assist them in marketing their particular practice area. ###Lateral Hiring Barrett McNagny also encourages hiring quality attorneys with varying years of legal experience to meet and augment needs of the firm. Credit towards years of service for partnership track purposes may be given. Laterals are encouraged to submit inquiries about possible employment opportunities to our Recruiting Coordinator, [Jennifer Reese](https://www.barrettlaw.com/contact-information). Such inquiries are always treated with the utmost confidentiality. # Directions | Barrett McNagny LLP Source: https://www.barrettlaw.com/directions #Directions ####From the North: Going South on I-69, take Exit 105 East (IN-14/Illinois Road). Illinois Road dead-ends at US-24. Turn left. Once downtown, turn left onto Barr Street. Go three blocks north to Berry Street and turn left. Barrett McNagny LLP is the first office building to the west of the parking lot on the north side of Berry Street. We are in the Elektron Building. Parking is available for clients and guests in the Barrett McNagny parking lot adjacent to our building. Entrance to the lot is located off of Barr Street, north of the intersection of Barr and Berry Streets. ####From the South: Going North on I-69, take Exit 102 East (US-24/Jefferson Boulevard). Follow Jefferson Boulevard downtown approximately 8 miles. Turn left onto Barr Street. Go three blocks north to Berry Street and turn left. Barrett McNagny LLP is the first office building to the west of the parking lot on the north side of Berry Street. We are in the Elektron Building. Parking is available for clients and guests in the Barrett McNagny parking lot adjacent to our building. Entrance to the lot is located off of Barr Street, north of the intersection of Barr and Berry Streets. ####From the West (US-30): Follow US-30 to Coliseum Boulevard and turn left. Turn right onto Northrop Street. Take Northrop Street approximately 5 miles to downtown and turn left onto Main Street. Turn right onto Barr Street and go to Berry Street. Barrett McNagny LLP is the first office building to the west of the parking lot on the north side of Berry Street. We are in the Elektron Building. Or, if coming from US-24, follow "From the North" directions above. Parking is available for clients and guests in the Barrett McNagny parking lot adjacent to our building. Entrance to the lot is located off of Barr Street, north of the intersection of Barr and Berry Streets. ####From the East: IN-14 and US-30 heading west will turn into US-24 in New Haven, Indiana. If on US-24, follow it through New Haven, Indiana. Stay straight to merge onto Washington Boulevard. Turn right onto Barr Street. Go two blocks north to Berry Street and turn left. Barrett McNagny LLP is the first office building to the west of the parking lot on the north side of Berry Street. We are in the Elektron Building. Parking is available for clients and guests in the Barrett McNagny parking lot adjacent to our building. Entrance to the lot is located off of Barr Street, north of the intersection of Barr and Berry Streets. ####Parking: Parking is available for clients and guests in the Barrett McNagny parking lot adjacent to our building. Entrance to the lot is located off of Barr Street, north of the intersection of Barr and Berry Streets. ####Map To Our Office [](https://http://mapq.st/Ta7Zqw) [![](https://CPP_bebe4728f7fe4bb047bb146377b03cee-295 x 293-Auto-0-0-CenterCenter.jpg?CPP_File=%2FCache%2Fbebe4728f7fe4bb047bb146377b03cee-295+x+293-Auto-0-0-CenterCenter.jpg&CPP_Size=295+x+293&CPP_SizeType=Auto&CPP_Ratio=0&CPP_AutoCrop=0&CPP_AutoCropPos=Center+Center)](https://http://mapq.st/Ta2OYX) Click the map above for directions from MapQuest. # Forming a Business and Emerging Business Planning | Barrett McNagny LLP Source: https://www.barrettlaw.com/forming-a-business-and-emerging-business-planning #Forming a Business and Emerging Business Planning Since 1876, the attorneys at Barrett McNagny have worked closely with clients on new business endeavors to address the diverse legal issues that can arise. Our attorneys have extensive experience working with entrepreneurs to help lay the foundation to give their companies and ideas the best chances for success. ##Business Formation Issues We routinely counsel clients on a variety of business formation issues, including Advising clients on entity selection - Corporations - General Partnerships - Limited Liability Companies - Limited Liability Partnerships (LLCs) - Limited Partnerships - S Corporations - Sole Proprietorships; Choosing the state of formation Filing the formation and necessary state and federal government documents, including registering for a Federal Employer Identification number Establishing the systems to run a business: - Opening bank accounts - Tracking expenses - Bookkeeping - Payroll systems Our attorneys are also experienced in financial planning, organization management, and strategic partnering. We've assisted startups in raising capital through private placement transactions, public financings, and angel investing. We work alongside entrepreneurs to help determine the best financing option that will work for their business objectives. ####Contact an Attorney For additional information regarding forming a business or emerging business planning, please contact one of the attorneys listed below: [John C. Barce](https:///our-people/john-c-barce) [Marcus A. Heminger](https:///our-people/marcus-a-heminger) [Thomas E. Ludwiski](https://www.barrettlaw.com/our-people/thomas-e-ludwiski) [Justin T. Molitoris](https:///our-people/justin-t-molitoris) [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr) # Heather N. Warner | Barrett McNagny LLP Source: https://www.barrettlaw.com/heather-n-warner #Heather N. Warner ##Legal Assistant ####DIRECT: 260-423-8872 ####FAX: 260-423-8920 # Henry Najdeski | Barrett McNagny LLP Source: https://www.barrettlaw.com/henry-najdeski #Henry Najdeski ![](https:///Data/Accounts/Files/1/faf279cae1096056f4b100b4f3adda45-HenryNajdeskiCropped-min.jpg) ##**In Memoriam** **April 2, 1971 – April 22, 2023** Henry Najdeski was a real estate attorney with our firm for more than 25 years. He represented clients of all sizes, including entrepreneurs, sole proprietors, developers, commercial real estate brokers, mid-sized businesses, and Fortune 500 companies. He provided counsel on real estate development, zoning, mergers and acquisitions and complex financing transactions. A Fort Wayne native and proud graduate of Canterbury High School, he joined Barrett McNagny following the completion of his Juris Doctorate from IUC Law School of Chicago. He was known inside and outside the firm for his strong, unrelenting work ethic for his clients and was a respected and well-liked member of the legal community, and a beloved partner in our firm. He was regularly recognized for his professional achievements by The Best Lawyers in America®. He was also recognized as a City of Fort Wayne Forty Under 40 recipient. Henry was a dedicated member of the Canterbury School Board of Trustees and played an active role in continuing the mission of the school. Over the years, he served on the boards of directors for the Questa Education Foundation, the YMCA of Greater Fort Wayne, and Erin’s House for Grieving Children. Henry will be remembered for his good-natured attitude, his smile and his commitment to serving clients who almost always became his friends. # Labor | Barrett McNagny LLP Source: https://www.barrettlaw.com/labor #Labor ##2022 Virtual Human Resources Seminar Videos Tuesday, February 15, 2022: - [Case Law Update Presented by Thomas Kimbrough](https://vimeo.com/678378907) - [Employee Benefits Update Presented by Larry Rudawsky](https://vimeo.com/680133233) Wednesday, February 16, 2022: - [COVID-19 Legal Developments- Where are we? Presented by H. Joseph Cohen and Rachel K. Steinhofer, Remote Work and the Fair Labor Standards Act Presented by Anthony M. Stites and COVID-19 & Worker's Compensation Presented by James J. O'Connor](https://vimeo.com/680161695) Barrett McNagny's Labor Group represents business entities of all sizes throughout the Midwest. The group consists of two different areas of concentration- Labor & Employment and Employee Benefits. See below for more information and links to these specific areas of practice. ###[Labor & Employment](https://http://www.barrettlaw.com/practice-areas/labor-and-employment-relations) The Group has defended employers in numerous wrongful discharge, unfair labor practice and employment discrimination cases before labor arbitrators, administrative agencies and State and Federal courts. The Group also has extensive experience in representing companies in Union elections, as well as representing many Unionized employers. Much of our work is directed at resolving disputes and preventing litigation, as well as counseling clients in the areas of personnel policies and records; employee discipline and discharge; workplace privacy issues; employment discrimination; response to Union organization drives; Union picketing and strikes; collective bargaining and contract administration; grievance processing and labor arbitration; occupational safety and health; overtime and prevailing wage claims. The members of our Employment Group have extensive trial experience in handling discrimination suits, as well as experience in the areas of contract negotiations, the National Labor Relations Board, the Equal Employment Opportunity Commission, arbitration, and Appellate advocacy. We also regularly consult with a wide range of entities regarding the full range of employment matters which are designed to prevent problems before they arise and to handle them quickly if and when they do arise. ###[Employee Benefits](https://http://www.barrettlaw.com/practice-areas/employee-benefits) The Group works closely with our clients in all aspects of employee benefits law. Our members assist clients 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, and other types of plans. *The information and procedures set forth in the above materials and/or videos are subject to constant change and therefore should serve only as a foundation for further investigation and study of the current law and procedures related to the subject matter. Barrett McNagny LLP and contributing authors hereby disclaim any and all responsibility or liability arising from or claimed to have arisen from reliance upon the procedures and information, or utilization of same, in the above referenced materials and/or videos. # Lateral Hiring | Barrett McNagny LLP Source: https://www.barrettlaw.com/lateral-hiring #Lateral Hiring Barrett McNagny LLP also encourages hiring quality attorneys with varying years of legal experience, primarily to meet and augment the expanding practice needs of the firm. Credit towards years of service for partnership track purposes may be given. Laterals are encouraged to submit inquiries about possible employment opportunities to our Director of Marketing, Molly Rommel. Such inquiries are always treated with the utmost confidentiality. Ms. Molly Rommel Barrett McNagny LLP 215 E. Berry Street Fort Wayne, IN 46802 Phone: 260.423.8888 Fax: 260.423.8920 [mjr@barrettlaw.com](https://mailto:mailto: mjr@barrettlaw.com) # Law Careers | Barrett McNagny LLP Source: https://www.barrettlaw.com/careers #Law Careers Barrett McNagny LLP is a law firm of 43 lawyers located in Fort Wayne, Indiana. The firm serves international, national, regional, and local business clients of various sizes with comprehensive counsel and representation. Included among the firm's client base are Fortune 500 companies, as well as many small and intermediate sized businesses and corporations. To better serve such diverse clientele, Barrett McNagny is divided into specialty sections according to our general areas of legal practice. This structure enables our attorneys to practice efficiently, develop in-depth experience, and promptly assemble teams of attorneys with combined legal talents to handle matters that require experience in several areas of law. Our practice encompasses the fields of corporate and securities, financial institutions, litigation, bankruptcy and creditors' rights, real estate, estate planning and administration, tax, health care, insurance, environmental, labor and employment relations, employee benefits, consumer finance, immigration, worker's compensation, and trademark and copyright law. We welcome you to Barrett McNagny and invite you to get to know us. We have a supportive environment where associates are given the opportunity to maintain a high level of responsibility early in their careers. Our associates benefit tremendously by having front-line opportunities to handle sophisticated legal issues, having client contact shortly after joining the firm, and participating in the firm's marketing program. This encouragement and hands-on experience allow our associates to build a sense of ownership in the firm from the moment they join. ####Current Positions [Litigation Associate](https://www.barrettlaw.com/litigation-associate) # Legal Disclaimer | Barrett McNagny LLP Source: https://www.barrettlaw.com/legal-disclaimer #Legal Disclaimer The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel. Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you. Any links to other websites are not intended to be referrals or endorsements of those sites. [Privacy Policy](https://www.barrettlaw.com/privacy-policy) [Terms of Use](https://www.barrettlaw.com/terms-of-use) [ADA Compliance](https://www.barrettlaw.com/ada-compliance) [Transparency Cover Rule: Machine-Readable Files](https://www.phpni.com/mrfs) # Litigation | Barrett McNagny LLP Source: https://www.barrettlaw.com/litigation #Litigation Barrett McNagny's Litigation Group is the largest group in the law firm, and litigation has been the mainstay of the firm since its beginnings. Over the years, Barrett McNagny's trial attorneys have earned a reputation of experience, integrity, and excellence in all types of cases. In recent years, we have tried cases involving medical malpractice, business litigation, professional liability, products liability, bodily injury claims, insurance coverage disputes, oil spills, employment contracts, property disputes, contracts for the sale of real estate, annexation, zoning disputes, securities fraud, ERISA, lender liability and breach of warranty cases for products from specialty steel to software. Barrett McNagny represents clients throughout Indiana, regularly practicing in State and Federal courts, at both the trial and appellate levels and before state and federal agencies. Our attorneys have experience in representing clients on an emergency basis filing for and obtaining injunctions or defending injunctions on short notice. Most of our trial attorneys concentrate in two or three substantive areas of the law, allowing them to develop a high level of in-depth knowledge in an area. Our Litigation Group, like the rest of the firm, is conscious of the costs associated with litigation. The firm is committed to cost-effective litigation by providing and remaining within realistic budgets. Our lawyers' trial experience allows us to assist in the client's own evaluation of whether litigation should even be pursued. ###[Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services) Our trial attorneys, who are supported by experienced paralegals and legal assistants trained specifically to meet the demands of complex litigation, routinely handle cases in the following areas: - Commercial Litigation - Insurance Defense - Estate and Trust Litigation - Business Disputes - Medical Malpractice and Professional Liability - Copyright & Trademark Infringement - Real Estate Zoning - Construction and Mechanic's Liens - Product Liability - Insurance Loss / Coverage Issues - Motor Vehicle and Premises Liability Claims - Employment Law - Worker's Compensation - Mediation Services - ERISA (Employment Benefits/Pensions) - Environmental - Media Issues - Supply Contract Disputes In addition, we have extensive experience in pursuing and defending appeals from both State and Federal agencies and State and Federal courts. ###[Appellate](https://www.barrettlaw.com/practice-areas/litigation-services) Litigation doesn't always end when the jury comes back. Regardless of the outcome at trial, for many cases, the next step is the federal or state appeals courts. Appellate law is a unique practice that requires attorneys with the know-how to navigate the procedural hurdles involved in perfecting and pursuing an appeal. Barrett McNagny LLP brings a wealth of experience to all levels of appellate practice, both state and federal, and handles appeals that originate both in-house, as well those that originate from other attorneys and law firms. With all appeals, time is of the essence. Most avenues for civil appeal close after thirty days, and for bankruptcy appeals, the time to act can be even shorter. We understand this significant constraint and will work directly with the party or with trial counsel to discuss all appellate options, including filing necessary post-trial motions. ###[Alternative Dispute Resolution](https://www.barrettlaw.com/practice-areas/alternative-dispute-resolution) Resolving a legal dispute may not always require a courtroom. Rather, disputes can be resolved through a method of Alternative Dispute Resolution such as arbitration, mediation, and mini-trials. Barrett McNagny provides capable attorneys with extensive experience in arbitration for multiple party disputes. Many of our attorneys are certified trained mediators who also have years of dispute resolution experience in matters that involved claims by heirs against estates, disputes between companies and individuals, shareholder battles, construction project claims, and personal injury and wrongful death cases, among others. Built in 1895, our historic building offers a variety of large and small conference rooms that are well equipped to serve for mediations or arbitrations of any size. Barrett McNagny is centrally located in downtown Fort Wayne, near the corner of Barr and Berry Streets. Conference rooms can be reserved on the same floor or on different floors to suit the needs of the parties involved. Complete the form below to contact a member of our Litigation team. # Litigation Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/litigation-associate #Litigation Associate Barrett McNagny is currently looking for an associate to join our litigation team. The ideal candidate would have at least two years of experience working in litigation, and should be a licensed Indiana attorney in good standing. Candidates should have superior analytical, writing and communication skills, as well as be able to multi-task and be capable of working under pressure. As our firm has grown over the years, so has the breadth and sophistication of the counsel we can provide to our wide base of clientele. These roles will have the opportunity to work for clients of all sizes, from small- medium and family-owned businesses to Fortune 500 companies. The attorneys selected will also be able to work on substantive and impactful work. The litigation candidate will manage and lead litigation cases and will be encouraged to litigate cases in the courtroom when the opportunity is present. The business transactions candidate will have the opportunity to work on challenging and significant merger and acquisition assignments as well as general business work. Since its founding in 1876, Barrett McNagny has been a mainstay of the legal profession and of the Fort Wayne community at large. We have earned and kept the trust of our clients by steadfastly keeping to our core mission: to provide reliable and ready counsel where and when our clients require it. Our firm is known for its supportive and family-friendly environment and is committed to the community we serve by being active in giving back to local charities and nonprofit organizations. For more information on the firm visit www.barrettlaw.com. If you are interested in being part of a team with a long history of focusing on getting clients the results they deserve, we are interested in hearing from you. The firm offers competitive compensation and benefits including productivity and discretionary bonuses as well as contributions toward your retirement plan. Credit towards years of service for partnership track purpose may be given based upon experience. For consideration, please email resumes to Molly Rommel at [mjr@barrettlaw.com](https://mailto:mjr@barrettlaw.com) or via mail to Barrett McNagny, Attn: Molly Rommel 215 E. Berry Street, Fort Wayne, IN 46802. All submissions will be treated with the utmost confidentiality. # Martindale-Hubbell Listing | Barrett McNagny LLP Source: https://www.barrettlaw.com/martindalehubbell-listing #Martindale-Hubbell Listing Barrett McNagny is proud to have numerous attorneys rated by Martindale-Hubbell®, a directory which has served as a legal resource for those in the legal industry since 1868. It includes online and print directory listings of attorneys and law firms in the United States, Canada, and 160 other countries. Martindale-Hubbell's Peer Review Ratings™ are an objective indicator of a lawyer's high ethical standards and professional ability, based upon evaluations of lawyers by other members of the bar and the judiciary in the United States. Martindale-Hubbell surveys lawyers across multiple jurisdictions and geographic locations in similar areas of practice as the lawyer being rated. Reviewers are asked to assess their colleague's general ethical standards and legal ability in a specific area of practice. The rating is then utilized on the various platforms that Martindale-Hubbell operates, including Lawyers.com. ##The Rating Explanation The ratings reflect a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating. The General Ethical Standards rating denotes adherence to professional standards of conduct and ethics, reliability, diligence, and other criteria relevant to the discharge of professional responsibilities. The Legal Ability rating is based on the performance of five key areas, rated on a scale of 1 to 5 (with 1 being the lowest and 5 being the highest). The key areas include: - **Legal Knowledge: **Lawyer's familiarity with the laws governing his/her specific area of practice(s). - **Analytical Capabilities:** Lawyer's creativity in analyzing legal issues and applying technical knowledge. - **Judgment:** Lawyer's demonstration of the salient factors that drive the outcome of a given case or issue. - **Communication Ability:** Lawyer's capability to communicate persuasively and credibly. - **Legal Experience:** Lawyer's degree of experience in his/her specific area of practice(s). The numeric rating range may coincide with the appropriate Certification Mark: - **AV Preeminent® (4.5-5.0):** AV Preeminent® is a significant rating accomplishment — a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. - **BV Distinguished® (3.0-4.4):** BV Distinguished® is an excellent rating for a lawyer with some experience. A widely respected mark of achievement, it differentiates a lawyer from his or her competition. Below is Barrett McNagny's listing of AV- and BV-rated attorneys: - [John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce): AV Preeminent® - Stephen L. Chapman: BV Distinguished® - [H. Joseph Cohen](https://www.barrettlaw.com/our-people/h-joseph-cohen): AV Preeminent® - [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris): AV Preeminent® - [Richard E. Fox](https://www.barrettlaw.com/our-people/richard-e-fox): AV Preeminent® - N. Thomas Horton, II: AV Preeminent® - [Ben D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice): BV Distinguished® - [Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr): AV Preeminent® - [Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough): AV Preeminent® - [Michael H. Michmerhuizen](https://www.barrettlaw.com/our-people/michael-h-michmerhuizen): BV Distinguished® - [Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy): AV Preeminent® - [Thomas M. Niezer](https://www.barrettlaw.com/our-people/thomas-m-niezer): AV Preeminent® - [James J. O'Connor, Jr.](https://www.barrettlaw.com/our-people/james-j-oconnor): AV Preeminent® - [Michael P. O'Hara](https://www.barrettlaw.com/our-people/michael-p-ohara): AV Preeminent® - [George Pappas](https://www.barrettlaw.com/our-people/george-pappas): BV Distinguished® - [Trisha J. Paul](https://www.barrettlaw.com/our-people/trisha-j-paul): BV Distinguished® - [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey): AV Preeminent® - [Cathleen M. Shrader](https://www.barrettlaw.com/our-people/cathleen-m-shrader): AV Preeminent® - [David R. Steiner](https://www.barrettlaw.com/our-people/david-r-steiner): AV Preeminent® - [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites): AV Preeminent® - [Emily S. Szaferski](https://www.barrettlaw.com/our-people/emily-s-szaferski): BV Distinguished® - [Samuel J. Talarico, Jr.](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr): AV Preeminent® - Robert S. Walters: AV Preeminent® # Mediation and Alternatives to Resolving Disputes | Barrett McNagny LLP Source: https://www.barrettlaw.com/mediation-and-alternatives-to-resolving-disputes #Mediation and Alternatives to Resolving Disputes Alternative Dispute Resolution (ADR) is the concept of resolving disputes other than through a bench or jury trial. The resolution of business disputes increasingly occurs outside the courthouse. Barrett McNagny's attorneys have extensive experience in alternative dispute resolution formats such as arbitration, mediation, and mini-trials. [![](https:///Data/Accounts/Files/1/5ed42198b7f00f15a81845d16ef1a8da-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) Mediation is a way to resolve disputes before a judge or jury makes the final decision. More often than not, cases can be settled during a mediation session with a skilled mediator. Based in part on the success rate of mediation, many judges will not give the parties a trial date before they have gone through the mediation process. Here is how mediation generally works: 1. Both parties agree to use a mediator to resolve their dispute. 1. A date for a mediation session will be scheduled. 1. A few days before the scheduled mediation date, each party submits a confidential mediation statement, which explains its side of the story to the mediator. 1. At mediation, each party will have its own room. The mediator will carry messages between the rooms and discuss the strengths and weaknesses of the relevant arguments with the parties. 1. The goal of the mediation session is to produce a settlement. Assuming a successful resolution is achieved, prior to the end of the session, an agreement is drafted by the mediator and signed by all parties. This agreement is binding and enforceable in a court of law. 1. The parties inform the judge that the case has settled, and once payments are made and any other necessary documents are executed, the case will be dismissed. 1. The mediator will send out a bill, which is typically split evenly between the parties. Barrett McNagny has its own mediation center and attorneys experienced with solving commercial disputes. Fill out the form below to contact an attorney today. ####Contact An Attorney For additional information regarding Barrett McNagny's Mediation services, please contact one of the attorneys listed below: [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) [James J. O’Connor](https://www.barrettlaw.com/our-people/james-j-oconnor) [Anthony M. Stites](https:///our-people/anthony-m-stites) # Our Community | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-community #Our Community ####Building the Community The lawyers of Barrett McNagny LLP provide legal services without charge to individuals and organizations that are unable to afford representation. Many of our lawyers participate in the Volunteer Lawyers Program, which provides legal counsel for low-income individuals in seven counties in northeastern Indiana. The firm makes charitable contributions and participates in sponsoring organizations that provide legal services to the indigent or disadvantaged, foster the arts or education, or deliver health and social services. In addition to the firm's monetary and gift contributions, Barrett McNagny lawyers also participate on an individual basis in approximately 90 cultural, charitable and community service organizations of all kinds, serving on boards of directors and providing legal advice and services. ####Additional Information For additional information regarding Barrett McNagny's Community Involvement, please contact Molly Rommel, Marketing Director: Molly J. Rommel 215 E. Berry Street Fort Wayne, IN 46802 260-423-9551 [mjr@barrettlaw.com](https://mailto:mjr@barrettlaw.com) # Our Culture | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-culture #Our Culture At Barrett McNagny, we take pride in the culture of our firm because the people that make up our team are passionate about doing their best for their clients and the community. ##Community Involvement Barrett McNagny is proud to call Fort Wayne home and supports the local community by providing legal services without charge to individuals and organizations that are unable to afford representation. Several of our lawyers participate in the Volunteer Lawyers Program, which provides legal counsel for low-income individuals in seven counties in northeastern Indiana. The firm makes charitable contributions and participates in sponsoring organizations that provide legal services to the indigent or disadvantaged, foster the arts or education, or deliver health and social services. We are proud to provide legal counsel for various non-profit organizations in the area. In addition to the firm's monetary and gift contributions, Barrett McNagny lawyers also participate, on an individual basis, in approximately 90 cultural, charitable, and community service organizations of all kinds, serving on boards of directors and providing legal advice and services. Some of these local organizations include the following: - [Mad Anthonys Children's Hope House](https://www.childrenshopefw.org/) - [Erin's House for Grieving Children](https://erinshouse.org/) - [NeighborLink](https://www.nlfw.org/) - [Blue Jacket](https://http://www.bluejacketinc.org/) - [YMCA](https://www.fwymca.org/index-secure.php) - [Junior Achievement of Northeast Indiana](https://www.juniorachievement.org/web/junior-achievement-of-northern-indiana/) - [Fort Wayne Children's Zoo](https://kidszoo.org/) - [Fort Wayne Sister Cities International, Inc.](https://http://www.fortwaynesistercities.net/) - [United Way of Allen County](https://www.unitedwayallencounty.org/) - [Big Brothers Big Sisters of Northeast Indiana](https://http://www.bbbsnei.org/) - [Brightpoint](https://mybrightpoint.org/) - [Turnstone](https://turnstone.org/) - [Fort Wayne Museum of Art](https://www.fwmoa.org/) For more information about Barrett McNagny's community involvement, contact Molly Rommel, Director of Marketing, at [260-423-8888](https://tel:+12604238888) or via email at [mjr@barrettlaw.com](https://mailto:mjr@barrettlaw.com). # Payment Portal | Barrett McNagny LLP Source: https://www.barrettlaw.com/payment-portal #Payment Portal ![](https://www.lawpay.com/images/resources/payinvoice/pay-your-invoice-v-mc-disc.png) [Click here to go to LawPay to pay your invoice. ](https://secure.lawpay.com/pages/barrettmcnagny/operating) # Personal Legal Services | Barrett McNagny LLP Source: https://www.barrettlaw.com/personal-legal-services #Personal Legal Services ##[Estate Planning and Administration](https://www.barrettlaw.com/practice-areas/estate-planning) The Estate Planning Group of Barrett McNagny offers clients comprehensive estate planning and administration services. Through personal attention and established relationships, our attorneys can provide clients with professional and efficient services enabling the client to accumulate wealth and plan for its orderly and tax-efficient transfer. [Find an estate planning attorney](https://www.barrettlaw.com/practice-areas/estate-planning) [Family and Domestic Law](https://www.barrettlaw.com/practice-areas/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. [Find a family law attorney](https://www.barrettlaw.com/practice-areas/family-and-domestic-law) # Practice Areas | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas #Practice Areas | Barrett McNagny LLP Founded in 1876, Barrett McNagny LLP is among the largest northeastern Indiana law firms and one of the oldest law partnerships in the state. Comprised of 46 lawyers, Barrett McNagny offers a full range of legal services to clients in northern Indiana, western Ohio, and southern Michigan. To view our experience in multiple areas, please visit one of the links below. [Alternative Dispute Resolution](https://'ListItem ListItemLink PracticeAreaListItem' href='practice-areas/alternative-dispute-resolution'> # Privacy Policy | Barrett McNagny LLP Source: https://www.barrettlaw.com/privacy-policy #Privacy Policy **BARRETT McNAGNY LLP PRIVACY POLICY** Effective Date: January 1, 2020 Barrett McNagny LLP (“Barrett,” “us” or “we”) respect your privacy and are committed to protecting the privacy of visitors to our Website, contacts for our clients and prospective clients, contacts for suppliers of goods and services to Barrett, candidates for employment or engagement, and any other individuals about whom Barrett obtains personal information (each, “you”). Barrett provides or otherwise makes available to you certain online services, including our Website, , and other online programs, as well as services we may offer to you (collectively, the “Services”). This Policy discloses the privacy practices and possible uses of information that barrettlaw.com (our “Website”) collects via the Services. This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this Website. You acknowledge that this Privacy Policy is designed to be read in connection with our Website Terms and Conditions of Use, which is available at [[www.barrettlaw.com/legal-disclaimer.com](https://www.barrettlaw.com/legal-disclaimer)], and that by accessing or using our Website, you agree to be bound by the Website’s terms and conditions, as well as this Policy. We reserve the right to change this Privacy Policy from time to time. We may also update this Policy from time to time in our discretion. Any such updates will be posted on the Website. We may also do so by updating any privacy information on this page. Your continued use of the Website and/or Services available through this Website after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that Policy. If you have any questions about this Policy, please feel free to contact us in the manner in the manner noted in Section 6. IMPORTANT: BY USING THE WEBSITE AND/OR OFFERINGS AVAILABLE ON THIS WEBSITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE. **1. Types of Information We Collect. ** **We collect information about our users in various ways, including by our users’ voluntary submissions, by your utilization of the Services, and through the use of cookies from third-party partners such as Google and other tracking technology, as described in Sections 2(a) and 2(b). **We collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information. (a) Personally Identifiable Information: This refers to information that lets us know the specifics of who you are by such as submitting content in the Contact Us form, including name, company, title, address and email information; through our Payment Portal by submitting name, address, credit card information; through our Client Portal by providing an email address ; via email, or sending us feedback, we may ask you to provide certain information about yourself. Examples of PII may include your first and last name, email address, postal mailing address (including city, state or province zip code), telephone and facsimile numbers, and payment information, as well as other identifying information such as IP address, user and device name and geolocation. You may choose not to provide certain information, by simply not entering or providing the information, but as a result, you may not be able to take advantage of some or all of our Services. Or you may withdraw your consent to use your PII at any time, by clearing or blocking cookies as described in Section 4 or utilizing the contact information provided in Section 6. We do not disclose PII to third parties, except (1) when we have your permission, (2) when the disclosure is necessary for the purpose for which the information was obtained, as disclosed herein, (3) when the third party is acting on behalf of us to provide or manage the Website or the Services, (4) when required by applicable law, or (5) where otherwise stated in this Policy. Some recipients to whom we disclose your PII may be located in jurisdictions outside your jurisdiction of residence, and, as a result, your PII may be used, stored or accessed in countries outside of your jurisdiction of residence. In such cases, the PII will be subject to the laws of the country in which it is situated, and these jurisdictions may not have an equivalent level of data protection as those in your country. (b) Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Website and what other websites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the website you just came from, which URL you go to after visiting our Website, what browser you are using, and your Internet Protocol (“IP”) address. **2. How We Collect and Use Information. ** We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain services available on the Website. These may include: (a) using our Contact Us form; (b) sending us an email message; or (c) submitting information via a registration form, Client Portal or Payment Portal; or transmitting other information by telephone or letter. We will primarily use your PII to provide product or service offerings to you. We will also use certain forms of PII to enhance the operation of our Website, improve our internal marketing and promotional efforts, statistically analyze Website use, improve our product and service offerings, and customize our Website’s content, layout, and services. We may use PII to deliver information to you and to contact you regarding administrative notices. Finally, we may use your PII to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Website Terms of Use, and this Privacy Policy. We may use your PII for the following purposes and, for each purpose, based on the following legal grounds: - Provision of legal services – we may use personal information that you voluntarily submit to us on the Website or during the course of our engagement, regardless of the media used, such as identification data, contact details, and other service data that we may process in connection with the provision of services. Barrett’s work for you may also involve providing such information to third parties, such as expert witnesses and other professional advisers in order to represent your interests most effectively. - Administration of client and vendor relationships – we may use identification data, contact details, financial data, and other service data, including for the processing of invoices, the updating of client records, and the management of our vendor relationships. - Addressing client inquiries/feedback – we may use identification data, contact details, and other service data for this purpose. It may be necessary for our legitimate interests to establish or maintain a relationship with you; it is also in your interest to receive a response from us when you contact us. - Sending relevant marketing messages and inviting you to events/seminars – we may use identification data, contact details, cookie and device data, and mailing list data to communicate with you by way of email alerts and post to provide you with information about our events, seminars, or services that may be of interest to you. This processing is necessary for our legitimate interest to send you tailored marketing messages, client newsletters, and invitations to relevant events and seminars. - Improving our Website – we use cookie and device data to improve the functionality and user-friendliness of our Website. This processing is necessary for our legitimate interests to constantly monitor and improve our online presence and services to you. - Keeping our Website and IT systems and processes safe – we use identification data, contact details, financial data, cookie and device data, and other service data. This processing is necessary to perform our contract with you and to ensure the security and confidentiality of your data. It is also necessary for our legitimate interests to prevent illegal activities, including fraud, which could harm you and us. - Complying with legal or regulatory inquiries/requests – we may use identification data, contact details, financial data, cookie and device data, and legal and regulatory compliance data (including for anti-money laundering or fraud detection purposes, statutory returns and fulfillment of the Barrett’s ethical obligations). This processing is necessary for the purpose of complying with legal requirements that apply to Barrett. The technologies we use for this automatic data collection may include: (a) Cookies (or browser cookies). Cookies are small text files placed on the hard drive of your computer that are used to track user behaviors, recognize repeat users, and target advertising content. Cookies do not identify specific users, only the user’s device. Depending on how you use our Website, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Website. We may use cookies to perform tasks such as: monitoring aggregate website usage metrics, storing and remembering your password for access to the Client Portal (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the Services we make available to you. However, we do not use cookies to track your browsing behaviors. You may refuse to accept browser cookies by activating the appropriate settings on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. (b) Tracking Technologies. Such technologies that may record information such as Internet domain and host names, IP addresses, browser software and operating systems, and dates and times of use. We use Google Analytics to collect information regarding your behavior, demographics, and geolocation or to help us to better develop Website Content. For more information about Google Analytics, go to [www.google.com/policies/privacy/partners.](https://http://www.google.com/policies/privacy/partners.) You can also opt out by going to [http://tools.google.com/dlpage/gaoptout](https://http://tools.google.com/dlpage/gaoptout). We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services**.** **3. Third-Party Use of Cookies and Other Tracking Technologies. ** We seek to establish relationships with third-party vendors or service providers that we believe are reputable and able to adequately protect personal data. Some content or applications on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. **4. User Choices on Collection and Use of Information.** We may, from time to time, send you email regarding new products and services, or legal information that we feel may interest you. In addition, if you registered for an event or webinar through our Website we will automatically include you in receiving offers or information from us and we may occasionally call or send you direct mail about products and services that may be of interest to you. Only Barrett (or agents working on behalf of Barrett and under confidentiality agreements) will send you these solicitations,. If you do not want to receive solicitations from us, you can “opt-out” by clicking the “opt-out” feature at the bottom of any email correspondence or contacting Barrett to inform the appropriate individual(s) that you no longer wish to receive such offers and mailings. You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Website may not work properly in your case. **5. Disclosure of Your Information. ** We may disclose Aggregated Information about our users without restriction. We may disclose PII that we collect or you provide as described in this policy: - To contractors, service providers, and other third parties we use to support our business, including vendors that will process your PII on our behalf and under our written instructions to carry out their services during the course of our business, such as IT service providers, financial institutions, customer relationship management databases and other cloud-based solutions, third party companies providing us with business analytics and statistics to assist with our marketing campaigns, and third party venues in which we may host events and seminars. We contract with such vendors to ensure that they only process your personal information under our instructions and ensure the security and confidentiality of your personal information by implementing the appropriate technical and organizational measures for such processing; - To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Barrett’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Barrett about our Website users is among the assets transferred. - To fulfill the purpose for which you provide it. - For any other purpose disclosed by us when you provide the information. - With your consent. We may also disclose your PII: - To comply with any court order, law, or legal process, including to respond to any government or regulatory request. - To enforce or apply our Terms of Use, Engagement Letters and other agreements, including for billing and collection purposes. - If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Barrett, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. **6. Updating and Correcting Information; Contact Information. ** We believe you should have the ability to access and edit the PII that you have provided to us. Some portions of the Services may also enable you to access and update your PII by visiting a specific web page or similar functionality within the Service. On those pages, you may be able to update your information, as well as manage your email preferences. If you wish to access or update your PII and are not able to do so through the Services or on this Website, please contact us, as indicated below. If you have any questions, concerns or inquiries about our Privacy Policy, our use of your PII, or our privacy practices, you can reach us at: Barrett McNagny LLP Attn: Marketing Director 215 E. Berry Street Fort Wayne, IN 46802 (260) 423-9551 [info@barrettlaw.com](https://mailto:info@graniteridgebuilders.com) Please include your name, address, and/or email address when you contact us. When it comes to requests for copying, deleting or correcting information, we have the right to verify identity through secure and reasonable means, which may include requesting a copy of your drivers license or other government issued form of identification. The copy of the license will not be retained other than for verification purposes. It may be impossible to completely delete your information without some residual information because of backups. **7. Security of Your PII. ** At our Website you can be assured that we take the protection of your PII seriously. We employ measures to protect your PII against loss or theft, as well as unauthorized access, disclosure, copying, use, modification or destruction thereof utilizing security measures, including physical, organization and technological measures consistent with current industry standards. For example: - We work hard to ensure that the data we collect is reliable, accurate, complete and current. We encrypt all PII, in order to prevent unauthorized parties from viewing such information when it is transmitted to us. We also only keep collected information only for as long as reasonably necessary and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements. - We limit access to PII only to specific employees, contractors and agents who have a reasonable need to come into contact with your information. For example, we may provide members of our technical support team with limited access to your account or information in order to allow them to troubleshoot problems you may be having with the Website. - Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII. Our secure servers and our data centers are protected by industry-standard encryption, and our servers reside behind firewalls and employ high-level password protection. - Finally, access by you to your PII is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In order to most effectively serve you, payments made through the Payment Portal are handled by established third party payment processing institutions and processing agents. They receive the information needed to verify and authorize your credit card or other payment information and to process your payment. We take care to use third-party vendors and service providers that we believe are reputable and able to live up to our and your expectations, including about the handling of confidential information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed. **8. Miscellaneous.** (a) Intended Audience. You must be at least 18 years old to have our permission to use this Website. Our policy is that we do not knowingly collect, use or disclose PII about minor visitors. (b) Voluntary Public PII Disclosure. You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, company name, job title, and physical address) in the Contact Us Forms, Registration Form, Client Portal or Payment Portal or other public areas on this Website, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our [Website Terms and Conditions of Use Agreement](https://www.barrettlaw.com/legal-disclaimer) for our Website Conduct policies. (c) SMS Text Message Policy: By providing your phone number (via the Contact Us form, emailing us directly or calling our office), you consent to receive SMS text messages from our company. These messages may include updates, promotions, and other information related to our services. Message and data rates may apply. You can opt-out at any time by replying "STOP" to any of our messages. All phone numbers collected are kept confidential and are not shared with any third-party providers. # Real Estate | Barrett McNagny LLP Source: https://www.barrettlaw.com/realestate #Real Estate 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. ###Practice Highlights **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, and 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 participations 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 continuing through design, to the actual construction and post-construction matters. This expertise 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. # Retired Attorneys | Barrett McNagny LLP Source: https://www.barrettlaw.com/retired-attorneys #Retired Attorneys ![](https:///Data/Accounts/Files/1/2c226a921b5dbe79ef8bee2b90489c1d-Howard-Chapman-5jpg-min.jpeg) ![](https:///Data/Accounts/Files/1/a510a96b27b26e50d3b5f089609ea553-RichardRobinson-min.jpg) **Howard L. Chapman Richard D. Robinson **[Banking/Finance](https://www.barrettlaw.com/practice-areas/financial-institutions)** **[ Health Care](https://www.barrettlaw.com/practice-areas/health-care-law) ![](https:///Data/Accounts/Files/1/a641f9a05e24fd66cc12352f49b0150a-ThomasFinkWebsite.jpg) ![](https:///Data/Accounts/Files/1/dfa01b97eebf122fb81c91c046cb0ceb-PatrickMichaelsWebsite-min.jpg) **Thomas M. Fink Patrick G. Michaels **[Estate Planning](https://www.barrettlaw.com/practice-areas/estate-planning)** [ Corporate/Business](https://www.barrettlaw.com/practice-areas/financial-institutions)** ![](https:///Data/Accounts/Files/1/25d519a563ce267cb59ff2da84154a84-CraigRFinlaysonWebsite4x6-min.jpg) ![](https:///Data/Accounts/Files/1/46e670003b7d029838d73f441f0fd2a6-DawnSnowMattoxWebsitea-min.jpg) ** Craig R. Finlayson Dawn Snow Mattox **[Estate Planning](https://www.barrettlaw.com/practice-areas/estate-planning)**/**[Banking](https://www.barrettlaw.com/practice-areas/financial-institutions)** **[Health Care](https://www.barrettlaw.com/practice-areas/health-care-law) [](https://www.barrettlaw.com/practice-areas/health-care-law) ![](https:///Data/Accounts/Files/1/cb782f6589deeca19b9cb1db51d8a7f2-JohnMartinWebsite-min.jpg) ![](https:///Data/Accounts/Files/1/68671ea0ee602e6b83952fda7e06dd4b-ReneeRieckeWebsite-min.jpg) ** John P. Martin Renee L. Riecke **[ Corporate Law](https://www.barrettlaw.com/practice-areas/business-law)** **[Estate Planning](https://www.barrettlaw.com/practice-areas/estate-planning) [](https://www.barrettlaw.com/practice-areas/estate-planning) ![](https:///Data/Accounts/Files/1/1b49952465d320082353f4220412eadc-ThomasHerrWebsite-min.jpg) ![](https:///Data/Accounts/Files/1/a633fc8fec5061b860e564b33bdbe307-RSWPIcCroppedforRetiredPage'-min.jpg) **Thomas A. Herr Robert S. Walters **[Litigation](https://www.barrettlaw.com/practice-areas/litigation-services)** **[Securities](https://www.barrettlaw.com/practice-areas/securities-law)**/**[Business Law](https://www.barrettlaw.com/practice-areas/business-law) ![](https:///Data/Accounts/Files/1/4e48ec907df12852e59d16916e808b88-StephenChapmanCropforRetireePage-min.jpg) ![](https:///Data/Accounts/Files/1/d66811be0e7ef15301e25132cb1d90cb-JamesKoday.jpg) ** Stephen L. Chapman James M. Koday** [ Financial Institutions](https://www.barrettlaw.com/practice-areas/financial-institutions) [Estate Planning & Administration](https://www.barrettlaw.com/practice-areas/estate-planning) [](https://www.barrettlaw.com/practice-areas/business-law) ####Our Departed Colleagues [N. Thomas Horton](https://www.dignitymemorial.com/obituaries/fort-wayne-in/nathan-horton-11622881) [Henry P. Najdeksi](https://www.barrettlaw.com/henry-najdeski) [William McNagny](https://www.legacy.com/us/obituaries/fortwayne/name/william-mcnagny-obituary?id=1999824) [James Barrett](https://www.legacy.com/us/obituaries/fortwayne/name/james-barrett-obituary?id=22200304) George N. Bewley J. Michael O'Hara John Clifton John Lyons # Search Source: https://www.barrettlaw.com/search #Search ##Results for "" [- Koday and Wagler to speak on Indiana Trust and Estate Tax](https://blog/news/koday-and-wagler-to-speak-on-indiana-trust-and-estate-tax) [- Barrett McNagny LLP Listed in 2018 “Best Law Firms” Rankings](https://blog/news/barrett-mcnagny-llp-listed-in-2018-best-law-firms-rankings) [- Barrett McNagny LLP Listed in 2021 “Best Law Firms” Rankings](https://blog/news/barrett-mcnagny-llp-listed-in-2021-best-law-firms-rankings) [- About Us](https://nav/about-us) [- Seminars and Workshops](https://blog/seminars-and-workshops) Listing of seminars, workshops and speaking engagements where Barrett McNagny attorneys will be presenting on legal topics. [Main Site - Contact Barrett McNagny](https://contact-us) Please contact us with any questions or to schedule an appointment. [- Alternative Dispute Resolution](https://blog/litigation/alternative-dispute-resolution) Articles and information covering the topic of alternative dispute resolution, including topics such as arbitration, mediation, and mini-trials. [- Small Business Reorganization Act](https://blog/business-and-corporate-law/bankruptcy-and-creditors-rights/small-business-reorganization-act) [- Department of Labor Rescinds Final Rules on Worker Classification](https://blog/labor-and-employment-law/department-of-labor-rescinds-final-rules-on-worker-classification) [- U.S. Department of Labor Proposes Raising the Minimum Salary Threshold](https://blog/labor-and-employment-law/us-department-of-labor-proposes-raising-the-minimum-salary-threshold) [- William A. Ramsey Elected Partner](https://blog/news/william-a-ramsey-elected-partner) [Main Site - Coronavirus (COVID-19) Resource Center](https://coronavirus-covid-19-resource-center) Page devoted to legal updates for businesses regarding the coronavirus (COVID-19) pandemic. [- Families First Coronavirus Response Act Notice](https://blog/labor-and-employment-law/families-first-coronavirus-response-act-notice) [- Limitation on Liability for Volunteer Health Care Professionals During COVID-19 Emergency Response](https://blog/litigation/medical-malpractice/limitation-on-liability-for-volunteer-health-care-professionals-during-covid-19-emergency-response) [Main Site - About The Law Firm](https://about-the-law-firm) Founded in 1876, Barrett McNagny LLP is among the largest northeastern Indiana law firms and one of the oldest law partnerships in the state of Indiana. 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. [Main Site - Banking and Financial Services](https://banking) Barrett McNagny's Banking and Financial Services practice areas. [- College Athletes Can Now Earn Name/Fame Money…What to Know Now](https://blog/labor-and-employment-law/college-athletes-name-image-likeness-legislation) [- The American Rescue Plan Act of 2021](https://blog/labor-and-employment-law/the-american-rescue-plan-act-of-2021) [- Risks Associated with Telephonic and Electronic Advice](https://blog/news/risks-associated-with-telephonic-and-electronic-advice) [- Craig Finlayson Interviewed for the Lasting Lawyer Legacy Project](https://blog/news/craig-finlayson-interviewed-for-the-lasting-lawyer-legacy-project) [- Worker's Compensation](https://blog/labor-and-employment-law/workers-compensation) Articles for employers about worker's compensation legal issues. [- "An Insider's Scoop on Human Resources" Seminar](https://blog/seminars-and-workshops/an-insiders-scoop-on-human-resources-seminar) [- Medical Malpractice Act Amended](https://blog/litigation/medical-malpractice/medical-malpractice-act-amended) [- Anthony Stites Quoted in Article about National Labor Relations Board Decision Redefining Joint Employer](https://blog/labor-and-employment-law/anthony-stites-quoted-in-article-about-national-labor-relations-board-decision-redefining-joint-employer) [- Intellectual Property Law](https://blog/intellectual-property-law) Articles pertaining to intellectual property law including information on copyrights, patents, patent infringement and litigation, and trademarks. [Main Site - Intellectual Property](https://intellectualproperty) The attorneys of Barrett McNagny LLP are experienced in a wide array of intellectual property law matters. Our experience encompasses patent, copyright, trademark, trade dress, and trade secret issues. [Main Site - Litigation](https://litigation) Barrett McNagny's Litigation Group is the largest group in the law firm, and litigation has been the mainstay of the firm since its beginnings. [Main Site - Directions](https://directions) Directions to Barrett McNagny law Firm [- Witte Joins Barrett McNagny](https://blog/news/witte-joins-barrett-mcnagny) [- Subordination Agreements May Be Modified In Bankruptcy Reorganizations](https://blog/business-and-corporate-law/bankruptcy-and-creditors-rights/subordination-agreements-may-be-modified-in-bankruptcy-reorganizations) [- Do I have coverage for this?](https://blog/litigation/do-i-have-coverage-for-this) [- States with Minimum Wage Changes](https://blog/labor-and-employment-law/states-with-minimum-wage-changes) [- 2019 Indiana Super Lawyers Listing](https://blog/news/2019-indiana-super-lawyers-listing) [- 2019 “Best Law Firms” Rankings](https://blog/news/2019-best-law-firms-rankings) [Main Site - Accounting Clerk](https://accounting-clerk) Barrett McNagny LLP, one of the oldest and largest law firms in northeast Indiana, is recruiting for an Accounting Clerk. [- Holiday Hours](https://blog/news/holiday-hours) [- Economic Development Financing](https://blog/finance) Articles about financing options for economic development and real estate development projects and programs. [- Ramsey to Present“Hot Topics for Indiana Lawyers”](https://blog/news/ramsey-to-presenthot-topics-for-indiana-lawyers) [- A Business Can Be Found Guilty of Discrimination Even When the Same Person Who Hires an Employee Fires that Employee](https://blog/litigation/a-business-can-be-found-guilty-of-discrimination-even-when-the-same-person-who-hires-an-employee-fires-that-employee) [- Stites Receives Vitality Award](https://blog/news/stites-receives-vitality-award) [- ​The Health Care Peer Review Process](https://blog/health-care/the-health-care-peer-review-process) [- Ramsey Authors Article "The Misadventures of the Traveling Employee"](https://blog/labor-and-employment-law/ramsey-authors-article-the-misadventures-of-the-traveling-employee) [Main Site - Compensation & Benefits](https://compensation-and-benefits) Compensation & Benefits for Barrett McNagny Summer and Full-Time Law Associates. [Main Site - Associate Recruiting Process](https://associate-recruiting-process) Barrett McNagny is an equal opportunity employer. From recruitment through employment and promotion, it is the policy of our firm to provide equal opportunity at all times without regard to race, color, religion, sex, age, or national origin. [Main Site - Development & Training Program](https://development-and-training-program) Each associate is teamed with one or two supervising partners. The primary role of the supervising partner is to assist the associate in his or her day-to-day development as an attorney and as an associate of Barrett McNagny LLP. [Main Site - About our Female Lawyers](https://about-our-female-lawyers) Barrett McNagny LLP has been successful in recruiting female attorneys to their law firm located in Fort Wayne, Indiana. [Main Site - Health Care Law](https://health-care) Barrett McNagny LLP began providing legal services to health care providers before health care became formally recognized as a practice area of law. [Main Site - Lateral Hiring](https://lateral-hiring) Barrett McNagny LLP also encourages hiring quality attorneys with varying years of legal experience, primarily to meet and augment the expanding practice needs of the firm. [Main Site - Contact Information](https://contact-information) We encourage first or second-year law students who are in the top one-third of their class to contact us. We also welcome inquiries by quality attorneys considering lateral employment opportunities. [Main Site - Legal Disclaimer](https://legal-disclaimer) The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our web site may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel. [Main Site - HTML Sitemap](https://sitemap.html) HTML Sitemap [Main Site - Estate Planning](https://estateplanning) The attorneys of the Estate Planning Group work closely with a client to determine the client's objectives and individual desires regarding the transfer of their assets and assists in implementing the best plans to realize those goals. [Main Site - Our Community](https://our-community) The lawyers of Barrett McNagny LLP provide legal services without charge to individuals and organizations that are unable to afford representation. [Main Site - Real Estate](https://realestate) 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. [Main Site - Summer Associate Program](https://summer-associate-program) Barrett McNagny's summer associate program is a key component of the recruiting process at our firm and our principal source for hiring first-year associates. The summer program spans over a 10- to 12- week period beginning in May. [- Fitzharris to Present at Alternative Dispute Resolution Webinar](https://blog/litigation/alternative-dispute-resolution/fitzharris-to-present-at-alternative-dispute-resolution-webinar) [- CARES Act Presentation](https://blog/business-and-corporate-law/cares-act-presentation) [- Important Due Diligence Items To Consider When Buying a Business](https://blog/business-and-corporate-law/important-due-diligence-items-to-consider-when-buying-a-business) [- Allen County Bar Association's New Lawyers Meeting](https://blog/news/allen-county-bar-associations-new-lawyers-meeting) [- Shrader Elected President of State Board of Law Examiners](https://blog/news/shrader-elected-president-of-state-board-of-law-examiners) [Main Site - Our Culture](https://our-culture) At Barrett McNagny, we take pride in the culture of our firm because the people that make up our team are passionate about doing their best for their clients and the community. [Main Site - Associate](https://associate) Barrett McNagny is seeking an associate in the area of business law. [- Neal Presented on Real Estate Law](https://blog/real-estate/neal-presented-on-real-estate-law) [- 401(k) / 403(b) Plans - Selected Developments](https://blog/labor-and-employment-law/employee-benefits/401k-403b-plans-selected-developments) [- Attorneys Recognized in The Best Lawyers® in America 2019](https://blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2019) [- Fox Re-Elected as University of Saint Francis Trustee](https://blog/news/fox-re-elected-as-university-of-saint-francis-trustee) [- 2022 Best Lawyers in America Listing](https://blog/news/2022-best-lawyers-in-america-listing) [- Data Security & Privacy Webinar](https://blog/cybersecurity/data-security-and-privacy-webinar) [- Shrader to Serve on the Multistate Professional Responsibility Examination Committee](https://blog/news/shrader-to-serve-on-the-multistate-professional-responsibility-examination-committee) [- Niezer Authors Column in The Journal Gazette on Redevelopment](https://blog/real-estate/niezer-authors-column-in-the-journal-gazette-on-redevelopment) [- Barrett Welcomes New Attorneys](https://blog/news/barrett-welcomes-new-attorneys) [- Ramsey a Forty Under 40 Recipient](https://blog/news/ramsey-a-forty-under-40-recipient) [- Barrett McNagny Welcomes Summer Clerks](https://blog/news/barrett-mcnagny-welcomes-summer-clerks) [- Oral Arguments Before the Supreme Court regarding the OSHA ETS Vaccine Mandate](https://blog/labor-and-employment-law/oral-arguments-before-the-supreme-court-regarding-the-osha-ets-vaccine-mandate) [- Top Ten Questions to Ask your Lawyer before you Litigate](https://blog/litigation/top-ten-questions-to-ask-your-lawyer-before-you-litigate) [- "How to Litigate in Indiana's New Commercial Courts" seminar](https://blog/seminars-and-workshops/how-to-litigate-in-indianas-new-commercial-courts-seminar) [Main Site - Martindale-Hubbell Listing](https://martindalehubbell-listing) Barrett McNagny listing of rated attorneys through Martindale-Hubbell's peer reviewing rating system. [- 2018 Law Clerks](https://blog/news/2018-law-clerks) [- Shrader to Present at the National Association of Law Student Affairs Professionals' Conference](https://blog/seminars-and-workshops/shrader-to-present-at-the-national-association-of-law-student-affairs-professionals-conference) [- Stites Presents at the Summer Conference for the County Auditors’ Association of Ohio](https://blog/labor-and-employment-law/stites-presents-at-the-summer-conference-for-the-county-auditors-association-of-ohio) [- Cohen to Present at the Community Foundation of Greater Fort Wayne](https://blog/news/cohen-to-present-at-the-community-foundation-of-greater-fort-wayne) [- Attorneys Recognized in Best Lawyers® in America 2018](https://blog/news/attorneys-recognized-in-best-lawyers-in-america-2018) [- Attorneys Recognized in Best Lawyers® in America 2016](https://blog/news/attorneys-recognized-in-best-lawyers-in-america-2016) [- Firm Attorneys Recognized in Indiana Super Lawyers Publication 2016](https://blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2016) [Main Site - Business and Commercial Litigation](https://business-and-commercial-litigation) Our experienced trial attorneys have represented clients of all sizes from public corporations and small to medium-sized businesses, to sole proprietorships and entrepreneurs. Our commercial litigators practice in state and federal courts at both the trial and appellate levels. [- Stites Presented at National Business Institute Seminar](https://blog/labor-and-employment-law/stites-presented-at-national-business-institute-seminar) [Main Site - Forming a Business and Emerging Business Planning](https://forming-a-business-and-emerging-business-planning) Barrett McNagny attorneys guide entrepreneurs through legal challenges, helping build strong foundations for business success. [- Ramsey Authors Article](https://blog/health-care/ramsey-authors-article) [- Wagler Presented at Bar Association](https://blog/estate-planning-and-administration/wagler-presented-at-bar-association) [- Barrett McNagny 2019 Executive Committee](https://blog/news/barrett-mcnagny-2019-executive-committee) [- Business Startup Formation Checklist](https://blog/business-and-corporate-law/business-startup-formation-checklist) [- So, Your Dog Bit Someone… Are You Liable?](https://blog/litigation/so-your-dog-bit-someone-are-you-liable) [- Cybersecurity](https://blog/cybersecurity) Articles regarding cybersecurity and privacy, cybercrime, data breach and disaster recovery plans and business continuity plans. [- Changes to Indiana Child Support Guidelines](https://blog/family-law/changes-to-indiana-child-support-guidelines) [- New I-9 Form Effective September 18, 2017](https://blog/labor-and-employment-law/new-i-9-form-effective-september-18-2017) [- Our People](https://nav/our-people) [- Practice Areas](https://nav/practice-areas) [- Careers](https://nav/careers) [Main Site - Court of Appeals Article](https://court-of-appeals-article) Court of Appeals issues decision clarifying judicial review of challenges to the reasonableness of expert witness fees but leaves some questions unresolved. [Main Site - Payment Portal](https://payment-portal) Payment portal for payment of legal services. [Main Site - Sandra K. Johnson](https://sandra-k-johnson) Contact information for Sandra Johnson, legal assistant at Barrett McNagny. [- National Labor Relations Board Announced Major Changes to Union Election Rules](https://blog/labor-and-employment-law/national-labor-relations-board-announced-major-changes-to-union-election-rules) [- Fitzharris to Speak at Conference](https://blog/litigation/fitzharris-to-speak-at-conference) [- What Happens Before Mediation](https://blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) [Main Site - Family Law Paralegal](https://family-law-paralegal) Job posting for a family law paralegal with Barrett McNagny. [- What Happens At Mediation](https://blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) [- What Happens After Mediation](https://blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) [- Firm Attorneys Recognized in Indiana 2020 Super Lawyers Publication](https://blog/news/firm-attorneys-recognized-in-indiana-2020-super-lawyers-publication) [- William McNagny Passes Away at Age 98](https://blog/news/william-mcnagny-passes-away-at-age-98) [- Philip Wagler to Present](https://blog/news/philip-wagler-to-present) [- Cohen Quoted in Greater Fort Wayne Business Weekly](https://blog/news/cohen-quoted-in-greater-fort-wayne-business-weekly) [- Impermissible Reaffirmation Or New Guaranty?](https://blog/business-and-corporate-law/bankruptcy-and-creditors-rights/impermissible-reaffirmation-or-new-guaranty) [- What Is a Patent?](https://blog/intellectual-property-law/what-is-a-patent) [Main Site - Vernette E. Williams](https://vernette-e-williams) Contact information for Vernette Williams, paralegal at Barrett McNagny. [Main Site - Labor](https://labor) Barrett McNagny's Labor Group represents business entities of all sizes throughout the Midwest. The group consists of two different areas of concentration- Labor & Employment Law and Employee Benefits Law. [Main Site - Our Law Firm's Accomplishments](https://our-accomplishments) Listing of Barrett McNagny's accomplishments. [- Lunch & Workshop: Legal Help for Startups and Business Owners](https://blog/seminars-and-workshops/barce-and-ludwiski-to-present) [- Elektron Building Featured in Book on Historic Buildings](https://blog/news/elektron-building-featured-in-book-on-historic-buildings) [- Pappas Joins Barrett McNagny](https://blog/intellectual-property-law/pappas-joins-barrett-mcnagny) [- Avoiding Personal Liability in E-Commerce after Wayfair](https://blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair) [- Interview on 21Alive INSight](https://blog/news/interview-on-21alive-insight) [- Overtime Rule Set to Begin December 1, 2016](https://blog/news/overtime-rule-set-to-begin-december-1-2016) [- The Department of Labor Updates Its Definition of “Regular Rate of Pay” under the Labor Standards Act](https://blog/labor-and-employment-law/the-department-of-labor-updates-its-definition-of-regular-rate-of-pay-under-the-labor-standards-act) [- Sixth Circuit Lifts the Stay on OSHA'S Emergency Temporary Standard Regarding COVID-19 Vaccination and Testing](https://blog/labor-and-employment-law/osha-ets-regarding-covid-19-vaccination-and-testing-stay-lifted) [- Jordan Spence Joins Barrett McNagny](https://blog/estate-planning-and-administration/jordan-spence-joins-barrett-mcnagny) [- Guidance from OSHA on COVID-19 Reporting and Recordkeeping](https://blog/labor-and-employment-law/guidance-from-osha-on-covid-19-reporting-and-recordkeeping) [- Ross Joins Barrett McNagny](https://blog/news/ross-joins-barrett-mcnagny) [- Bains Elected to Habitat for Humanity of Greater Fort Wayne Board](https://blog/news/bains-elected-to-habitat-for-humanity-of-greater-fort-wayne-board) [- Kimbrough Receives Award](https://blog/news/kimbrough-receives-award) [Main Site - Jamie L. Schofield](https://jamie-l-schofield) Contact information for Jamie Schofield, paralegal at Barrett McNagny. [Main Site - Kay E. Schwade](https://kay-e-schwade) Contact information for Kay Schwade, legal assistant at Barrett McNagny. [Main Site - Alana S. Miller](https://alana-s-miller) Contact information for Alana S. Miller, legal assistant at Barrett McNagny. [- The Coronavirus Aid, Relief and Economic Security Act Summary](https://blog/business-and-corporate-law/the-coronavirus-aid-relief-and-economic-security-act-summary) [- Executive Order Providing Exceptions to Licensing Requirements in Indiana](https://blog/litigation/medical-malpractice/executive-order-providing-exceptions-to-licensing-requirements-in-indiana) [- COVID-19 and Custody, Parenting Time and Child Support](https://blog/family-law/covid-19-and-custody-parenting-time-and-child-support) [Main Site - Nonprofit Coronavirus Webinar](https://nonprofit-coronavirus-webinar) Webinar titled - "What Not-for-Profits Need to Know About COVID-19 Legislation and Opportunities" [- Developments Regarding Indiana Remote Notarization](https://blog/news/developments-regarding-indiana-remote-notarization) [- Ramsey to Present on Remote Depositions](https://blog/litigation/ramsey-to-present-on-remote-depositions) [- Stites to be Presenter at Virtual HR Conference](https://blog/labor-and-employment-law/stites-to-be-presenter-at-virtual-hr-conference) [Main Site - Tiffany M. Vongphakdy](https://tiffany-m-vongphakdy) Contact information for Tiffany Vongphakdy, legal assistant at Barrett McNagny. [Main Site - Danielle A. Southerland](https://danielle-a-southerland) Danielle Southerland, paralegal at Barrett McNagny. [Main Site - Sandy M. Hyndman](https://sandy-m-hyndman) Contact information for Sandy Hyndman, legal assistant at Barrett McNagny. [Main Site - Susan L. Henschen](https://susan-l-henschen) Contact information for Susan Henschen, paralegal at Barrett McNagny. [Main Site - Heather N. Warner](https://heather-n-warner) Contact details for Heather Warner, legal assistant at Barrett McNagny. [- Talarico Chair of Executive Committee for 2021](https://blog/news/talarico-chair-of-executive-committee-for-2021) [- Coronavirus Response and Relief Supplemental Appropriations Act of 2021](https://blog/labor-and-employment-law/coronavirus-response-and-relief-supplemental-appropriations-act-of-2021) [Main Site - Oliana L. Nansen](https://oliana-l-nansen) Thomas M. Kimbrough's Paralegal Information [- Steinhofer Elected Partner](https://blog/labor-and-employment-law/steinhofer-elected-partner) [- Real Estate Disclosure Form](https://blog/real-estate/real-estate-disclosure-form-seller-liability) [- Winter Law Clerk](https://blog/news/winter-law-clerk) [- H.R. FAMILIES FIRST CORONAVIRUS RESPONSE ACT](https://blog/labor-and-employment-law/hr-families-first-coronavirus-response-act) [- An Update to Our Friends Regarding the Coronavirus](https://blog/news/an-update-to-our-friends-regarding-the-coronavirus) [- State and Federal Links for COVID-19](https://blog/labor-and-employment-law/state-and-federal-links-for-covid-19) [- OHIO AND ILLINOIS EMPLOYERS: COVID-19 SHELTER IN PLACE EXECUTIVE ORDERS 'ESSENTIAL' BUSINESS DEFINED](https://blog/labor-and-employment-law/ohio-and-illinois-employers-covid-19-shelter-in-place-executive-orders-essential-business-defined) [- INDIANA EMPLOYERS: COVID-19 SHELTER IN PLACE EXECUTIVE ORDER 'ESSENTIAL' BUSINESS DEFINED](https://blog/labor-and-employment-law/indiana-employers-covid-19-shelter-in-place-executive-order-essential-business-defined) [- MICHIGAN EMPLOYERS: COVID-19 SHELTER IN PLACE EXECUTIVE ORDER 'ESSENTIAL' BUSINESS DEFINED](https://blog/labor-and-employment-law/michigan-employers-covid-19-shelter-in-place-executive-order-essential-business-defined) [- Minke Joins Barrett McNagny](https://blog/news/minke-joins-barrett-mcnagny) [- Kimbrough and Michmerhuizen to Present](https://blog/seminars-and-workshops/kimbrough-and-michmerhuizen-to-present) [- Kevin K. Fitzharris inducted into the National Academy of Distinguished Neutrals](https://blog/litigation/alternative-dispute-resolution/kevin-k-fitzharris-inducted-into-the-national-academy-of-distinguished-neutrals) [- NLRB Returns to Long-Standing Independent-Contractor Standard](https://blog/labor-and-employment-law/nlrb-returns-to-long-standing-independent-contractor-standard) [- Tony Stites Presents at Kosciusko Human Resources Association Annual Conference](https://blog/seminars-and-workshops/tony-stites-presents-at-kosciusko-human-resources-association-annual-conference) [- Piercing the Corporate Veil Presentation](https://blog/business-and-corporate-law/piercing-the-corporate-veil-presentation) [- Local Attorneys Recognized as “Lawyers of the Year” in Best Lawyers® in America](https://blog/news/local-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [- Bains and Wagler Elected Partners Effective January 1, 2019](https://blog/news/bains-and-wagler-elected-partners-effective-january-1-2019) [- Zoning Laws When Purchasing Real Estate](https://blog/real-estate/zoning-laws-when-purchasing-real-estate) [- What You Do Not Know About Group Life Insurance Can Cost You: Employer Responsible For $750,000 Payment To Widow](https://blog/labor-and-employment-law/employee-benefits/what-you-do-not-know-about-group-life-insurance-can-cost-you-employer-responsible-for-750000-payment-to-widow) [- Cohen to Present on Employment Issues and Challenges facing Employers at NIHRA Meeting](https://blog/news/cohen-to-present-on-employment-issues-and-challenges-facing-employers-at-nihra-meeting) [- Firm Attorneys Recognized in Indiana Super Lawyers Publication 2018](https://blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2018) [- Stites to Present on HR Topics](https://blog/labor-and-employment-law/stites-to-present-on-hr-topics) [- Firm Attorneys Recognized in Indiana Super Lawyers Publication 2015](https://blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2015) [- Guidance from EEOC on Maintaining a Safe Workplace During COVID-19 Pandemic](https://blog/labor-and-employment-law/guidance-from-eeoc-on-maintaining-a-safe-workplace-during-covid-19-pandemic) [- Review Employer Charge Statements from Indiana’s Department of Workforce Development for Accuracy](https://blog/labor-and-employment-law/review-employer-charge-statements-from-indianas-department-of-workforce-development-for-accuracy) [- Best Lawyers® in America Recognizes Attorneys](https://blog/news/best-lawyers-in-america-recognizes-attorneys) [- Thresholds for State and Federal Employment Law Coverage](https://blog/labor-and-employment-law/thresholds-for-state-and-federal-employment-law-coverage) [- Financial Institutions](https://blog/business-and-corporate-law/financial-institutions) Articles with information for state and federally chartered banks, trust companies, savings associations, credit unions, consumer finance companies, mortgage bankers, financial institution holding companies, and other financial intermediaries. [- Mortgagee Beware](https://blog/business-and-corporate-law/financial-institutions/mortgagee-beware) [- Day-to-day Practices to Promote Litigation Success](https://blog/litigation/day-to-day-practices-to-promote-litigation-success) [- Rudawsky Joins Employee Benefits Team at Barrett McNagny](https://blog/labor-and-employment-law/employee-benefits/rudawsky-joins-employee-benefits-team) [- Attorneys Recognized in 2021 Indiana Super Lawyers Publication](https://blog/news/attorneys-recognized-in-2021-indiana-super-lawyers-publication) [- Golden Gavel Award](https://blog/litigation/golden-gavel-award) [- Barrett McNagny Welcomes New Attorney](https://blog/news/barrett-mcnagny-welcomes-new-attorney) [- Cohen Speaking on Current Compensation Issues Facing Employers](https://blog/seminars-and-workshops/cohen-speaking-on-current-compensation-issues-facing-employers) [- Trisha Paul Elected Executive Committee Chair](https://blog/news/trisha-paul-elected-executive-committee-chair) [- U.S. Department of Labor Clarifies when Interns Working at For-Profit Employers Are Subject to the Fair Labor Standards Act](https://blog/labor-and-employment-law/us-department-of-labor-clarifies-when-interns-working-at-for-profit-employers-are-subject-to-the-fair-labor-standards-act) [- What Is An Injunction?](https://blog/litigation/what-is-an-injunction) [- Tony Stites Presented at NIHRA’s 2018 Conference](https://blog/labor-and-employment-law/tony-stites-presented-at-nihras-2018-conference) [- A Role For State Tax Credits In The Redevelopment Of Economically Distressed Communities](https://blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities) [- Website Policies](https://blog/business-and-corporate-law/website-policies) [- Najdeski Featured on Reecer Properties TV Series](https://blog/news/najdeski-featured-on-reecer-properties-tv-series) [- Firm Attorneys Recognized in Indiana Super Lawyers Publication 2017](https://blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2017) [- Ludwiski Joins Barrett McNagny](https://blog/news/ludwiski-joins-barrett-mcnagny) [- Termination of Child Support](https://blog/appellate-law/termination-of-child-support) [- Governmental Liability](https://blog/appellate-law/governmental-liability) [- Underinsured Motorist Coverage Provision](https://blog/appellate-law/underinsured-motorist-coverage-provision) [- Conditions of Probation and Parole](https://blog/appellate-law/conditions-of-probation-and-parole) [- Notice Under the Tort](https://blog/appellate-law/notice-under-the-tort) [- Cross Examination of Expert Witness](https://blog/appellate-law/cross-examination-of-expert-witness) [- Ineffective Assistance of Counsel](https://blog/appellate-law/ineffective-assistance-of-counsel) [- Medical Malpractice and Appellate Procedure](https://blog/appellate-law/medical-malpractice-and-appellate-procedure) [- Medical Malpractice and Nurses Serving on Medical Review Panels](https://blog/appellate-law/medical-malpractice-and-nurses-serving-on-medical-review-panels) [- Tactical Decisions for Trial Counsel](https://blog/appellate-law/tactical-decisions-for-trial-counsel) [- Commercial Litigation: Contractor v. Homeowners](https://blog/appellate-law/commercial-litigation-contractor-v-homeowners) [- Prenatal Records & Medical Negligence](https://blog/appellate-law/prenatal-records-and-medical-negligence) [- Protective Orders](https://blog/appellate-law/protective-orders) [- Underinsured Motorist Insurance and Subrogation Rights](https://blog/appellate-law/underinsured-motorist-insurance-and-subrogation-rights) [- Criminal Procedure- Search and Seizure](https://blog/appellate-law/criminal-procedure-search-and-seizure) [- Medical Malpractice](https://blog/appellate-law/medical-malpractice) [- Applicability of res ipsa loquitur to Medical Malpractice Cases](https://blog/appellate-law/applicability-of-res-ipsa-loquitur-to-medical-malpractice-cases) [- Worker's Compensation Law: Amerisafe Risk Services, Inc. v. Estate of Wadsack](https://blog/appellate-law/workers-compensation-law-amerisafe-risk-services-inc-v-estate-of-wadsack) [- Appellate Procedure](https://blog/appellate-law/appellate-procedure) [- Tort Prejudgment Interest Statutes](https://blog/appellate-law/tort-prejudgment-interest-statutes) [- Appeals in the News- early January](https://blog/appellate-law/appeals-in-the-news-early-january) [- Premises Liability](https://blog/appellate-law/premises-liability) [- Employment Law](https://blog/appellate-law/employment-law) [- Family Law: Grandparents' Rights](https://blog/appellate-law/family-law-grandparents-rights) [- Subject Matter Jurisdiction to Hear Labor Disputes](https://blog/appellate-law/subject-matter-jurisdiction-to-hear-labor-disputes) [- Family Law: Contribution to Child's College Education](https://blog/appellate-law/family-law-contribution-to-childs-college-education) [- Products Liability Case Providing Analysis of Personal Jurisdiction](https://blog/appellate-law/products-liability-case-providing-analysis-of-personal-jurisdiction) [- Criminal Law](https://blog/appellate-law/criminal-law) [- Medical Malpractice Complaint Filed with the Indiana Department of Insurance](https://blog/appellate-law/medical-malpractice-complaint-filed-with-the-indiana-department-of-insurance) [- Constitutional Law](https://blog/appellate-law/constitutional-law) [- Pretrial Procedure](https://blog/appellate-law/pretrial-procedure) [- Medical Malpractice Claim](https://blog/appellate-law/medical-malpractice-claim) [- Visitation Rights](https://blog/appellate-law/visitation-rights) [- Medical Malpractice Act](https://blog/appellate-law/medical-malpractice-act) [- ​Interlocutory Appeals: Ball State v. Irons and Ferguson v. Estate of Ferguson](https://blog/appellate-law/interlocutory-appeals-ball-state-v-irons-and-ferguson-v-estate-of-ferguson) [- Untimely Notices of Appeal: In re Adoption of O.R. one year later](https://blog/appellate-law/untimely-notices-of-appeal-in-re-adoption-of-or-one-year-later) [- Kevin Fitzharris Becomes a Registered Civil Mediator](https://blog/news/kevin-fitzharris-becomes-a-registered-civil-mediator) [- Recent Changes to the Intrastate Exemption for Sale of Securities](https://blog/business-and-corporate-law/securities/recent-changes-to-the-intrastate-exemption-for-sale-of-securities) [- Supreme Court Issues Decision in Patchett v. Lee](https://blog/appellate-law/supreme-court-issues-decision-in-patchett-v-lee) [- ​Supreme Court Finds Divorced Parents Not Required to Pay for Children’s Postgraduate Education Expenses](https://blog/appellate-law/supreme-court-finds-divorced-parents-not-required-to-pay-for-childrens-postgraduate-education-expenses) [- Masters v. Masters, ---N.E. 3d---,2015 WL 6107845 (Ind. Oct. 16, 2015)*](https://blog/appellate-law/masters-v-masters-ne-3d-2015-wl-6107845-ind-oct-16-2015) [- Cleveland Range, LLC vs. Lincoln Fort Wayne Associates, LLC](https://blog/appellate-law/cleveland-range-llc-vs-lincoln-fort-wayne-associates-llc) [- Restitution: Iltzsch v. State (Ind. Jan. 24, 2013)](https://blog/appellate-law/restitution-iltzsch-v-state-ind-jan-24-2013) [- Police and Firefighter Disability Fund](https://blog/appellate-law/police-and-firefighter-disability-fund) [- Criminal Jury Instructions](https://blog/appellate-law/criminal-jury-instructions) [- Attorney Discipline](https://blog/appellate-law/attorney-discipline) [- Attorney Fees](https://blog/appellate-law/attorney-fees) [- Landlord-Tenant Law](https://blog/appellate-law/landlord-tenant-law) [- Appellate Procedure: In re Estate of Shuler (Ind. Ct. App May 25, 2012)](https://blog/appellate-law/appellate-procedure-in-re-estate-of-shuler-ind-ct-app-may-25-2012) [- Criminal Procedure](https://blog/appellate-law/criminal-procedure) [- IRS Guidance for COVID-19 Testing and High Deductible Health Plans](https://blog/labor-and-employment-law/employee-benefits/irs-guidance-for-covid-19-testing-and-high-deductible-health-plans) [- Guidelines for Conducting an Internal Investigation](https://blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation) [- Barrett McNagny Featured on the Fort4Fitness Blog](https://blog/news/barrett-mcnagny-featured-on-the-fort4fitness-blog) [- Paul and Szaferski Present on Competency and Capacity for Estate Planning Decisions](https://blog/seminars-and-workshops/paul-and-szaferski-present-on-competency-and-capacity-for-estate-planning-decisions) [- Ramsey Article Appears in The Appellate Advocate](https://blog/appellate-law/ramsey-article-appears-in-the-appellate-advocate) [- Estate Planning & Administration](https://blog/estate-planning-and-administration) Articles about estate planning and administration covering issues such as wills and trusts, charitable giving, probate, inheritance or estate tax and beneficiary designation. 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[- Shrader Elected Vice President of the Indiana Debate Commission](https://blog/news/shrader-elected-vice-president-of-the-indiana-debate-commission) [- Kimbrough Featured in Indiana Super Achiever Series](https://blog/news/kimbrough-featured-in-indiana-super-achiever-series) [- Heminger to Present at Corporate Counsel Seminar](https://blog/business-and-corporate-law/heminger-to-present-at-corporate-counsel-seminar) [- Steinhofer to Present At Alliance for Human Services Event](https://blog/labor-and-employment-law/employee-benefits/steinhofer-to-present-at-alliance-for-human-services-event) [- O'Connor to Present on Negotiations and Mediations](https://blog/litigation/alternative-dispute-resolution/oconnor-to-present-on-negotiations-and-mediations) [- What Is Alternative Dispute Resolution?](https://blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution) [- Opportunity Zones Presentation](https://blog/real-estate/opportunity-zones-presentation) [- Seller Beware: Understanding the Obligations of a Seller of Residential Real Estate under Indiana Law](https://blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law) [- Barrett Welcomes Summer Law Clerks](https://blog/news/barrett-welcomes-summer-law-clerks) [Main Site - Transcript for Philip A. Wagler Video](https://transcript-for-philip-a-wagler-video) Transcript of video of Philip A. Wagler on Barrettlaw.com. [Main Site - Transcript of Litigation Video](https://transcript-of-litigation-video) Transcript of litigation video appearing on Litigation Services page on Barrettlaw.com. [- Final Title IX Regulations](https://blog/labor-and-employment-law/final-title-ix-regulations) [- U.S. Department of Labor Issues Final Rule on the Definition of "Joint Employer"](https://blog/labor-and-employment-law/us-department-of-labor-issues-final-rule-on-the-definition-of-joint-employer) [- The Risks Associated Doctors Crossing Borders](https://blog/health-care/the-risks-associated-doctors-crossing-borders) [- When Can Injured Employees Seek Care from Unauthorized Providers Under the Worker's Compensation Act"](https://blog/labor-and-employment-law/workers-compensation/when-can-injured-employees-seek-care-from-unauthorized-providers-under-the-workers-compensation-act) [- Executive Committee Announced](https://blog/news/executive-committee-announced) [- Ice Elected Partner](https://blog/news/ice-elected-partner) [- Howard Chapman Interviewed with Lasting Lawyer Legacy Project](https://blog/news/howard-chapman-interviewed-with-lasting-lawyer-legacy-project) [- Business Interruption in the Age of COVID-19](https://blog/litigation/business-interruption-in-the-age-of-covid-19) [- Steinhofer to Present](https://blog/labor-and-employment-law/steinhofer-to-present) [- Laws Impose an Affirmative Obligation to Investigate](https://blog/labor-and-employment-law/laws-impose-an-affirmative-obligation-to-investigate) [- Respecting Employees’ Privacy Rights during an Internal Investigation](https://blog/labor-and-employment-law/respecting-employees-privacy-rights-during-an-internal-investigation) [- Post Internal Investigations Matters](https://blog/labor-and-employment-law/post-internal-investigations-matters) [- Murphy Featured through Purdue Fort Wayne Athletics](https://blog/news/murphy-featured-through-purdue-fort-wayne-athletics) [- 2022 Indiana Super Lawyers Publication Lists Top 50 Lawyers](https://blog/news/2022-indiana-super-lawyers-publication-lists-top-50-lawyers) [- 7th Circuit Provides Narrow Interpretation of Age Discrimination Employment Act](https://blog/labor-and-employment-law/7th-circuit-provides-narrow-interpretation-of-age-discrimination-employment-act) [- Fort Wayne Sister Cities Interviewed on PBS 39](https://blog/news/fort-wayne-sister-cities-interviewed-on-pbs-39) [- Shrader Elected President of the Indiana State Board of Law Examiners](https://blog/news/shrader-elected-president-of-the-indiana-state-board-of-law-examiners) [- Congress Overrides Stiff IRS Penalties and Allows Small Businesses to Provide Stand-Alone HRA](https://blog/labor-and-employment-law/employee-benefits/congress-overrides-stiff-irs-penalties-and-allows-small-businesses-to-provide-standalone-hra) [Main Site - Our Fort Wayne Attorneys](https://our-people) A listing page of all of Barrett McNagny Fort Wayne Attorneys with their contact information. [- Overtime Rule Stayed by Judge in Texas](https://blog/labor-and-employment-law/overtime-rule-stayed-by-judge-in-texas) [- Stites to Present at Annual NIHRA Conference](https://blog/labor-and-employment-law/stites-to-present-at-annual-nihra-conference) [- Increases in Health Savings Account Contributions for 2020](https://blog/labor-and-employment-law/employee-benefits/increases-in-health-savings-account-contributions-for-2020) [- Tax Law Update Workshop](https://blog/seminars-and-workshops/tax-law-update-workshop) [- Business and Corporate Law](https://blog/business-and-corporate-law) Articles for business owners and executives on legal topics for private businesses to publicly held corporations on topics such as forming businesses and emerging business planning, corporate governance, commercial and common business transactions, mergers and acquisitions, securities, bankruptcy and creditors' rights, and public finance. 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[- Stites to speak at Human Resources Update seminar hosted by Greater Fort Wayne Inc.](https://blog/seminars-and-workshops/stites-to-speak-at-human-resources-update-seminar-hosted-by-greater-fort-wayne-inc) [- Phase 2 of HIPAA Audit Program Launches](https://blog/health-care/phase-2-of-hipaa-audit-program-launches) [- EEOC's Position on Gender-Based Discrimination Could Expose Private Employers](https://blog/labor-and-employment-law/eeocs-position-on-genderbased-discrimination-could-expose-private-employers) [- EEOC Files First Suits Challenging Sexual Orientation Discrimination as Gender Bias](https://blog/labor-and-employment-law/eeoc-files-first-suits-challenging-sexual-orientation-discrimination-as-gender-bias) [- Barrett McNagny Annual Human Resources Conference](https://blog/labor-and-employment-law/barrett-mcnagny-annual-human-resources-conference) [- Nonprofits Soon Required to File Biennially Instead of Annually](https://blog/business-and-corporate-law/nonprofits-soon-required-to-file-biennially-instead-of-annually) [- Employers Getting Pushed for 1095s Despite Deadline Extension](https://blog/labor-and-employment-law/employee-benefits/employers-getting-pushed-for-1095s-despite-deadline-extension) [- DOL Salary Exempt Rule Proposals](https://blog/labor-and-employment-law/dol-salary-exempt-rule-proposals) [- Affordable Care Act "Cadillac Tax" Delayed](https://blog/labor-and-employment-law/employee-benefits/affordable-care-act-cadillac-tax-delayed) [- Indiana Veteran's Preference Law](https://blog/labor-and-employment-law/indiana-veterans-preference-law) [- Appellate Law](https://blog/appellate-law) Articles about recent decisions from state and federal courts. 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[- "2016 Year in Review" seminar](https://blog/seminars-and-workshops/2016-year-in-review-seminar) [- Stites Quoted in Overtime Rule Article](https://blog/news/stites-quoted-in-overtime-rule-article) [- Barrett McNagny Listed in 2017 "Best Law Firms" Rankings](https://blog/news/barrett-mcnagny-listed-in-2017-best-law-firms-rankings) [- Employment Law Seminar](https://blog/seminars-and-workshops/employment-law-seminar) [- "How to Use the Region as a Recruiting Tool" Article](https://blog/news/how-to-use-the-region-as-a-recruiting-tool-article) [- Golden Career Recognition for Walters](https://blog/news/golden-career-recognition-for-walters) [- Ramsey selected to continue as Co-Chair of the Indiana State Bar Association's Written Publications Committee](https://blog/news/ramsey-selected-to-continue-as-co-chair-of-the-indiana-state-bar-associations-written-publications-committee) [- Attorneys Recognized as "Lawyers of the Year" in Best Lawyers® in America](https://blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [- Contracts Workshop](https://blog/seminars-and-workshops/contracts-workshop) [- "No Pay, No Play" Statutes](https://blog/litigation/no-pay-no-play-statutes) [- Attorneys Recognized in Best Lawyers® in America](https://blog/news/attorneys-recognized-in-best-lawyers-in-america) [- Patrick Murphy authors article for The Journal Gazette](https://blog/news/patrick-murphy-authors-article-for-the-journal-gazette) [- Steinhofer Presenter at employment workshop](https://blog/seminars-and-workshops/steinhofer-presenter-at-employment-workshop) [- Stites Quoted in Article](https://blog/news/stites-quoted-in-article) [- Howard Chapman received Volunteer of the Year Award](https://blog/news/howard-chapman-received-volunteer-of-the-year-award) [- Michmerhuizen Quoted](https://blog/news/michmerhuizen-quoted) [- Defend Trade Secrets Act of 2016](https://blog/labor-and-employment-law/defend-trade-secrets-act-of-2016) [- Family Medical Leave Act Poster and Employer Guide](https://blog/labor-and-employment-law/family-medical-leave-act-poster-and-employer-guide) [- Barrett McNagny Announces Summer Clerks](https://blog/news/barrett-mcnagny-announces-summer-clerks) [- Department of Labor Announces Overtime Rule](https://blog/news/department-of-labor-announces-overtime-rule) [- Connecticut Federal District Court Holds Discrimination on the Basis of Transgender Identity Is Prohibited by Title VII.](https://blog/labor-and-employment-law/connecticut-federal-district-court-holds-discrimination-on-the-basis-of-transgender-identity-is-prohibited-by-title-vii) [- Thomas Herr Visits Myanmar](https://blog/news/thomas-herr-visits-myanmar) [- Bankruptcy Forms Revised](https://blog/business-and-corporate-law/bankruptcy-and-creditors-rights/bankruptcy-forms-revised) [- Executive Committee 2016](https://blog/news/executive-committee-2016) [- Stites writes Letter to the Editor about 'The Road to One Million'](https://blog/news/stites-writes-letter-to-the-editor-about-the-road-to-one-million) [- Indiana Protective Order Law Amended](https://blog/labor-and-employment-law/indiana-protective-order-law-amended) [- Barrett McNagny is presenting sponsor of "The Road to One Million" Celebration Event](https://blog/news/barrett-mcnagny-is-presenting-sponsor-of-the-road-to-one-million-celebration-event) [- Cathleen Shrader Elected Vice President](https://blog/news/cathleen-shrader-elected-vice-president) [- A New Kind of Business: The Benefit Corporation](https://blog/business-and-corporate-law/a-new-kind-of-business-the-benefit-corporation) [- Notre Dame Club of Fort Wayne Recognizes Anthony Stites and Erika Dekko as a Persons of the Year](https://blog/news/notre-dame-club-of-fort-wayne-recognizes-anthony-stites-and-erika-dekko-as-a-persons-of-the-year) [- State of Business in northeast Indiana](https://blog/news/state-of-business-in-northeast-indiana) [- Barrett McNagny LLP Listed in 2016 "Best Law Firms" Rankings](https://blog/news/barrett-mcnagny-llp-listed-in-2016-best-law-firms-rankings) [- Article on contractual liability exclusions](https://blog/litigation/article-on-contractual-liability-exclusions) [- Shrader Quoted in The Indiana Lawyer](https://blog/news/shrader-quoted-in-the-indiana-lawyer) [- Custody Jurisdiction: Barwick v. Ceruti, 31 N.E.3d 1008 (Ind. Ct. App. 2015)](https://blog/appellate-law/custody-jurisdiction-barwick-v-ceruti-31-ne3d-1008-ind-ct-app-2015) [- Shrader Reappointed to the Indiana State Board of Law Examiners](https://blog/news/shrader-reappointed-to-the-indiana-state-board-of-law-examiners) [- Tom Kimbrough Quoted in Article in The Journal Gazette](https://blog/news/tom-kimbrough-quoted-in-article-in-the-journal-gazette) [- Tom Niezer Quoted in Article in The Journal Gazette](https://blog/news/tom-niezer-quoted-in-article-in-the-journal-gazette) [- The National Labor Relations Board Issues Decision Redefining Joint-Employers](https://blog/labor-and-employment-law/the-national-labor-relations-board-issues-decision-redefining-joint-employers) [- Barrett McNagny Features teds market and Hoppy Gnome restaurant](https://blog/news/barrett-mcnagny-features-teds-market-and-hoppy-gnome-restaurant) [- What to Do if Your Company Is Sued](https://blog/litigation/what-to-do-if-your-company-is-sued) [- Barrett Welcomes Law Clerk](https://blog/news/barrett-welcomes-law-clerk) [- Educational Purposes Real Property Tax Exemption](https://blog/real-estate/educational-purposes-real-property-tax-exemption) [- "Loss of Chance: A Historical Overview and Analysis of the Doctrine's Current State"](https://blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) [- Michaels Recognized by CPA Society](https://blog/news/michaels-recognized-by-cpa-society) [- Kimbrough Recognized at Awards Luncheon](https://blog/news/kimbrough-recognized-at-awards-luncheon) [- Barrett McNagny Announces Logo Change](https://blog/news/barrett-mcnagny-announces-logo-change) [- The Legislature Should Increase Sanctions Related to Qualified Settlement Offers](https://blog/litigation/the-legislature-should-increase-sanctions-related-to-qualified-settlement-offers) [- Shrader Re-Elected Board Secretary of the Indiana Debate Commission](https://blog/news/shrader-re-elected-board-secretary-of-the-indiana-debate-commission) [- Szaferski Elected Partner](https://blog/news/szaferski-elected-partner) [- Barrett McNagny Welcomes Bewley & Koday](https://blog/news/barrett-mcnagny-welcomes-bewley-and-koday) [- Executive Committee for 2015 Announcement](https://blog/news/executive-committee-for-2015-announcement) [- Shrader Re-elected Secretary of the Indiana State Board of Law Examiners](https://blog/news/shrader-re-elected-secretary-of-the-indiana-state-board-of-law-examiners) [- Attorneys Join Barrett McNagny](https://blog/news/attorneys-join-barrett-mcnagny) [- Worker’s Compensation Insurance – Do I need it?](https://blog/labor-and-employment-law/workers-compensation-insurance-do-i-need-it) [- Firm Attorneys Recognized in Best Lawyers® in America](https://blog/news/firm-attorneys-recognized-in-best-lawyers-in-america) [- Towsley Joins Board of Directors](https://blog/news/towsley-joins-board-of-directors) [- Cohen to Present at Hot Topics Update Seminar](https://blog/labor-and-employment-law/cohen-to-present-at-hot-topics-update-seminar) [- Ramsey to Present](https://blog/appellate-law/ramsey-to-present) [Main Site - Denise M. Steenman](https://denise-m-steenman) Contact information for Denise Steenman, legal assistant at Barrett McNagny. [Main Site - ADA Compliance](https://ada-compliance) We care that our website is built responsibly and can be used by everyone. We have made every effort to ensure that our website meets current best-practices and relevant legislation. [Main Site - Michele L. Santiago](https://michele-l-santiago) Contact information for Michele Santiago, paralegal at Barrett McNagny. [- The Best Lawyers in America 2021 Publication](https://blog/news/the-best-lawyers-in-america-2021-publication) [- Tips on Conducting an Internal Investigation for Human Resource Professionals](https://blog/labor-and-employment-law/tips-on-conducting-an-internal-investigation-for-human-resource-professionals) [Main Site - Starting a Business](https://starting-a-business) [- Cohen to present on Labor and Employment Law at Annual Hot Topics Update](https://blog/labor-and-employment-law/cohen-to-present-on-labor-and-employment-law-at-annual-hot-topics-update) [- Michmerhuizen to serve on the Indiana Commercial Court Committee](https://blog/news/michmerhuizen-to-serve-on-the-indiana-commercial-court-committee) [Main Site - Welcome To Barrett McNagny LLP](https://Index) Barrett McNagny LLP is a law firm of 44 lawyers located in Fort Wayne, Indiana. The firm serves international, national, regional, and local business clients of various sizes with comprehensive counsel and representation. [- Mediation: What is it and how does it work?](https://blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work) [- Trisha Paul to Chair Firm's Executive Committee for 2020](https://blog/news/trisha-paul-to-chair-firms-executive-committee-for-2020) [- Szaferski a Vitality Award Nominee](https://blog/news/szaferski-a-vitality-award-nominee) [- ​Steps in a Worker’s Compensation Claim](https://blog/labor-and-employment-law/steps-in-a-workers-compensation-claim) [- Molitoris to Speak at Startup Week](https://blog/business-and-corporate-law/molitoris-to-speak-at-startup-week) [- Medical Review Panels Article](https://blog/litigation/medical-malpractice/medical-review-panels-article) [- Appealing Interlocutory or Non-Final Orders](https://blog/appellate-law/appealing-interlocutory-or-non-final-orders) [- Kimbrough to Present](https://blog/labor-and-employment-law/kimbrough-to-present) [- The Best Lawyers in America 2020 “Lawyers of the Year”](https://blog/news/the-best-lawyers-in-america-2020-lawyers-of-the-year) [Main Site - Mediation and Alternatives to Resolving Disputes](https://mediation-and-alternatives-to-resolving-disputes) The resolution of business disputes increasingly occurs outside the courthouse. Barrett McNagny's attorneys have extensive experience in alternative dispute resolution formats such as arbitration, mediation, and mini-trials. [- Court of Appeals Issues Decision Regarding Mitigation of Damages](https://blog/appellate-law/court-of-appeals-issues-decision-regarding-mitigation-of-damages) [- Offering Employees Pre-Tax Benefits? You Need a Cafeteria Plan](https://blog/labor-and-employment-law/employee-benefits/offering-employees-pre-tax-benefits-you-need-a-cafeteria-plan) [- Documents at Hiring and Form I-9 Audits](https://blog/labor-and-employment-law/documents-at-hiring-and-form-i-9-audits) [- Stites Presented at Mediation Seminar](https://blog/litigation/stites-presented-at-mediation-seminar) [- Barrett McNagny LLP Listed in 2020 “Best Law Firms” Rankings](https://blog/news/barrett-mcnagny-llp-listed-in-2020-best-law-firms-rankings) [- Molitoris Admitted to Practice Law in Ohio](https://blog/news/molitoris-admitted-to-practice-law-in-ohio) [- Paul to Present at 2019 Year in Review Seminar](https://blog/estate-planning-and-administration/paul-to-present-at-2019-year-in-review-seminar) [- Stites to Present at Mediation Seminar](https://blog/labor-and-employment-law/stites-to-present-at-mediation-seminar) [- Court of Appeals Issues Decision Addressing Questions of What Constitutes Medical Care](https://blog/appellate-law/court-of-appeals-issues-decision-addressing-questions-of-what-constitutes-medical-care) [- Real Property Used for "Charitable Purposes" Can be Exempt from Taxation](https://blog/appellate-law/real-property-used-for-charitable-purposes-can-be-exempt-from-taxation) [Main Site - The Appeals Process in Indiana](https://appeals-process-indiana) The Indiana Constitution gives parties the right to an appeal. However, while parties always have the right to at least one appeal in every case, that right must be exercised within the bounds of Indiana’s court rules regarding appeals and the relevant statutes. [- No Contest Provisions](https://blog/estate-planning-and-administration/no-contest-provisions) [- Centennial of the 19th Amendment](https://blog/appellate-law/centennial-of-the-19th-amendment) [Main Site - Conference](https://conference) Registration information for Barrett McNagny's annual seminars. [- What should your company’s internet usage policy include?](https://blog/labor-and-employment-law/what-should-your-companys-internet-usage-policy-include) [Main Site - Agenda](https://agenda) Agenda for the 2020 Human Resources Conferences [- Department of Labor Issues Final Rule on What Perks Can be Included in "Regular Rate" of Pay](https://blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-what-perks-can-be-included-in-regular-rate-of-pay) [- Family Law](https://blog/family-law) Legal articles, updates and news relating to domestic and family law. This includes articles on divorces, adoptions, paternity, and child support and custody. [- Fitzharris Presented at Mediation Seminar at Bar Association](https://blog/litigation/alternative-dispute-resolution/fitzharris-presented-at-mediation-seminar-at-bar-association) [- Cohen to Present at NIHRA Meeting](https://blog/labor-and-employment-law/cohen-to-present-at-nihra-meeting) [- Fraud Prevention Resources for Unemployment Insurance](https://blog/cybersecurity/fraud-prevention-resources-for-unemployment-insurance) [Main Site - Estate Administration Paralegal](https://estate-administration-paralegal) Job positing for estate administration paralegal. [- Firm Attorneys Listed in Indiana Super Lawyers for 2025](https://blog/news/firm-attorneys-listed-in-indiana-super-lawyers-for-2025) [- Supreme Court Decision on Federal Anti-Discrimination Laws](https://blog/labor-and-employment-law/supreme-court-decision-on-federal-anti-discrimination-laws) [- Phones Down While Driving, Indiana](https://blog/litigation/phones-down-while-driving-indiana) [- The SECURE Act](https://blog/estate-planning-and-administration/the-secure-act) [- Military Divorce: Documents that Need to be Reviewed for Military Retirement Benefits](https://blog/family-law/military-divorce-documents-that-need-to-be-reviewed-for-military-retirement-benefits) [- Najdeski Featured](https://blog/news/najdeski-featured) [- Firm Attorneys Recognized as "Lawyers of the Year" in Best Lawyers in America](https://blog/news/best-lawyers-in-america-lawyers-of-the-year-2021) [Main Site - Seminar for HR Professionals, Business Owners and Executives - Case Law and Managing a Multi-Generational Workforce](https://Virtual-Seminar-Case-Law-Update) Recording of a virtual seminar hosted by Barrett McNagny featuring Thomas M. Kimbrough discussing case law updates and Tess Anglin presenting on how to legally manage a multi-generational workforce during COVID-19. [Main Site - COVID-19 and Employment Law Seminar](https://virtual-seminar-covid-19) Recording of a virtual seminar hosted by Barrett McNagny for human resource professionals, business owners, in-house counsel and executives about COVID-19 and the workplace. The panelists include Anthony Stites, H. Joseph Cohen, and Rachel Steinhofer who discuss the impact of COVID-19 for employers and the changes to sick leave, wage and hour and FMLA. [Main Site - Cybersecurity and Employee Benefits Seminar for Human Resource Professionals](https://virtual-seminar-cybersecurity-employee-benefits) Recording of a virtual seminar hosted by Barrett McNagny on the topics of cybersecurity, data privacy and teleworking, and employee benefits. This seminar also includes a review of the impact of COVID-19 on remote working and changes to employee benefits. [Main Site - Legal Health Care Updates, Medical Malpractice and Patient Privacy for Health Care Professionals](https://virtual-seminar-health-care-updates) Recording of a virtual seminar hosted by Barrett McNagny's Health Care Team discussing legal updates in the health care industry, medical malpractice and patient privacy. [- Niezer Recognized as Alumnus of the Year By Bishop Dwenger High School](https://blog/news/niezer-recognized-as-alumnus-of-the-year) [Main Site - Receptionist](https://receptionist) Barrett McNagny is no longer hiring for the receptionist position. [- Anglin Authors Article on Marijuana Laws in the Workplace for Best Lawyers Publication](https://blog/labor-and-employment-law/marijuana-laws-in-the-workplace-article) [- Guidance on Vaccinations for Employers](https://blog/labor-and-employment-law/guidance-on-vaccinations-for-employers) [Main Site - Litigation Paralegal](https://litigation-paralegal) Barrett McNagny LLP one of the oldest and largest law firms in northeast Indiana, is recruiting for a Litigation Paralegal. The ideal candidate will have a bachelor's degree and be accustomed to a fast- paced environment. [- NCAA, Grant-in-Aid, and NIL: “Amateurism” vs. Big Sports](https://blog/labor-and-employment-law/ncaa-grant-in-aid-and-nil-amateurism-vs-big-sports) [- ​Is it medical malpractice or ordinary negligence?](https://blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) [- Can an injunction solve problems in a family business?](https://blog/litigation/closely-held-family-business-injunctive-relief) [- Landowner Obligations for Snow and Ice Removal](https://blog/litigation/landowner-obligations-for-snow-and-ice-removal) [- Cybersecurity Basics in an Ever-Connected World](https://blog/cybersecurity/cybersecurity-basics-in-an-ever-connected-world) [Main Site - Case Law, Legislative and Executive Orders Update](https://case-law-legislative-and-executive-orders-update) Video for 2021 Human Resources Seminar presentation by Tom Kimbrough and Carta Robison with case law, legislative and executive order updates for employers. [Main Site - COVID 19 Legal Updates](https://covid-19-legal-updates) Presentation for the 2021 Human Resources Seminar by Anthony M. Stites, H. Joseph Cohen and Rachel K. Steinhofer on COVID-19 legal updates. [Main Site - Remote Working and Employee Benefits](https://remote-working-and-employee-benefits) Presentation from the 2021 Virtual Human Resources Seminar hosted by Barrett McNagny LLP for human resource professionals on the topics of remote working and employee benefits. James O'Connor and N. Thomas Horton present on these topics that impact employers. [- Molitoris Earns Certification from the International Association of Privacy Professionals](https://blog/cybersecurity/molitoris-earns-certification-from-the-international-association-of-privacy-professionals) [- ​Should I form my business in Delaware or Indiana?](https://blog/business-and-corporate-law/forming-my-business-in-delaware-or-indiana) [- Tax Credits for Employers Regarding COVID-19 Vaccinations and Recovery](https://blog/labor-and-employment-law/tax-credits-for-employers-regarding-covid-19-vaccinations-and-recovery) [Main Site - Barrett McNagny Super Lawyers Listing](https://barrett-mcnagny-super-lawyers-listing-fort-wayne) Listing of Barrett McNagny attorneys who have been selected for inclusion in the Indiana Super Lawyers publication. [Main Site - Barrett McNagny Best Lawyers Listing](https://barrett-mcnagny-best-lawyers-listing-fort-wayne) Listing of attorneys from Barrett McNagny who have been selected for inclusion in the Best Lawyers in America publication. [- Changes to the Indiana Parenting Time Guidelines](https://blog/family-law/changes-to-the-indiana-parenting-time-guidlelines) [- Cohen Receives the 2021 Monsignor Thiele Award](https://blog/news/cohen-receives-the-2021-monsignor-thiele-award-united-way-of-allen-county) [Main Site - Leeann Miller](https://leeann-miller) Contact information for Legal Assistant Leeann Miller. [- Privacy Laws and Cybersecurity Issues for Businesses](https://blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses) [Main Site - Trends in Industry in Allen County](https://trends-in-industry-in-allen-county) Paper by David Steiner that looks at the trends in different industries in Fort Wayne and Allen County. The article provides a history of industry in Fort Wayne, a review of the present state and a discussion on opportunities for economic growth in Fort Wayne and Allen County. [Main Site - Trends in Industry Allen County: History](https://history-trends-in-industry-allen-county) David Steiner authored and presented an article titled "Trends in Industry in Allen County" for the Quest Club of Fort Wayne. This page provides the History of Industry in Fort Wayne and Allen County portion of the paper. [Main Site - Trends in Industry in Allen County: Current](https://current-trends-in-industry-in-allen-county) David Steiner authored and presented an article titled "Trends in Industry in Allen County" for the Quest Club of Fort Wayne. This page provides the Current Industry Trends in Fort Wayne and Allen County portion of the paper and discusses topics such as the Road to One Million initiative, Electric Works, and a review of businesses in the area including Parkview Hospital, Vera Bradley and Steel Dynamics. [Main Site - Trends in Industry in Allen County: Future Opportunities](https://future-trends-in-industry-in-allen-county) David Steiner authored and presented an article titled "Trends in Industry in Allen County" for the Quest Club of Fort Wayne. This page provides the Future Opportunities for Industry in Fort Wayne and Allen County portion of the paper and discusses efforts made by organizations such as Greater Fort Wayne Inc and the Northeast Indiana Regional Partnership to promote and encourage population and economic development growth in the county. [- Steps for Employers to Preserve a Union Free Workplace](https://blog/labor-and-employment-law/union-avoidance-steps-for-employers) [- Kevin Fitzharris Quoted in article about Technology and the Legal Industry](https://blog/news/technology-and-the-legal-industry) [- Path Out of the Pandemic: Action Plan Proposals Impacting Employers](https://blog/labor-and-employment-law/president-bidens-covid-19-pandemic-action-plan-vaccine-requirement) [- Construction Law Tips for Contractors and Homeowners on Remodeling Projects](https://blog/real-estate/construction-law-tips-for-contractors-and-homeowners-on-remodeling-projects) [- Connor Fleck Admitted to Illinois Bar](https://blog/news/connor-fleck-admitted-to-illinois-bar) [- Gattuso Joins Barrett McNagny](https://blog/news/gattuso-joins-barrett-mcnagny) [- Connor Fleck Joins Intellectual Property Team at Barrett McNagny](https://blog/intellectual-property-law/connor-fleck-joins-intellectual-property-team-at-barrett-mcnagny) [- Downey Elected Partner](https://blog/news/downey-elected-partner) [- Brandon Almas Joins Real Estate Team](https://blog/real-estate/brandon-almas-joins-real-estate-team) [- OSHA Issues Emergency Temporary Standard Regarding COVID-19 Vaccination and/or Testing](https://blog/labor-and-employment-law/osha-issues-emergency-temporary-standard-regarding-covid-19-vaccination-andor-testing) [- Rehiring Retirees and the Impact to Retirement Plans](https://blog/labor-and-employment-law/employee-benefits/rehiring-retirees-and-the-impact-to-retirement-plans) [Main Site - Client Payment Portal](https://client-payment-portal) Information for clients regarding paying with a credit card. [- 2022 "Lawyers of the Year" in Best Lawyers in America](https://blog/litigation/2022-lawyers-of-the-year-in-best-lawyers-in-america) [- Barrett McNagny Listed in 2022 "Best Law Firms " Rankings](https://blog/news/barrett-mcnagny-listed-in-2022-best-law-firms-rankings) [- Kimbrough Elected Chair of Executive Committee](https://blog/news/kimbrough-elected-chair-of-executive-committee) [- Supreme Court Issues Rulings on Vaccine Mandates](https://blog/labor-and-employment-law/supreme-court-issues-rulings-on-vaccine-mandates) [- Intellectual Property Team Adds Second Patent Attorney](https://blog/intellectual-property-law/intellectual-property-team-adds-second-patent-attorney) [- Fitzharris Appointed to Committee](https://blog/news/fitzharris-appointed-to-committee) [Main Site - Employee Benefits Attorney](https://employee-benefits-attorney) Barrett McNagny is seeking an experienced Employee Benefits (ERISA) attorney to join our team. [Main Site - Retired Attorneys](https://retired-attorneys) Listing of retired attorneys from Barrett McNagny LLP including Howard Chapman, Richard Robinson, Thomas Fink, Patrick Michaels, George Bewley, Craig Finlayson, Dawn Mattox, John Martin, Renee Riecke and Thomas Herr. [- Family Law: Turner v. Turner](https://blog/appellate-law/family-law-turner-v-turner) [- ​Non-Consensual Third-Party Releases in Bankruptcy Disallowed](https://blog/business-and-corporate-law/bankruptcy-and-creditors-rights/non-consensual-third-party-releases-in-bankruptcy-disallowed) [- Listing in 2022 Indiana Super Lawyers Publication](https://blog/news/barrett-mcnagny-attorney-2022-indiana-super-lawyers-publication) [- What is a Guardian Ad Litem and what do they do?](https://blog/family-law/what-is-a-guardian-ad-litem-and-what-do-they-do) [- Sadie Dillon-Baatz Completes Guardian Ad Litem Training](https://blog/family-law/sadie-dillon-baatz-completes-guardian-ad-litem-training) [- Fleck Licensed to Practice in Vermont](https://blog/news/fleck-licensed-to-practice-in-vermont) [Main Site - Medical Malpractice Defense Paralegal](https://medical-malpractice-defense-paralegal) Barrett McNagny LLP is recruiting for a Medical Malpractice Paralegal. The ideal candidate will have experience working as a Medical Malpractice Paralegal. [- Exculpatory Clauses: Can They Protect You?](https://blog/litigation/exculpatory-clauses-can-they-protect-you) [- Tips for Hiring and Recruiting Employees](https://blog/labor-and-employment-law/tips-for-hiring-and-recruiting-employees) [- Barrett Welcomes Summer Law Clerks for 2022](https://blog/news/barrett-welcomes-summer-law-clerks-for-2022) [- What is Defamation?](https://blog/litigation/what-is-defamation) [- Are Waivers, Releases, and Exculpatory Agreements Enforceable?](https://blog/litigation/are-waivers-releases-and-exculpatory-agreements-enforceable) [- Fleck Admitted to Practice Law in Tennessee and Ohio](https://blog/news/fleck-admitted-to-practice-law-in-tennessee-and-ohio) [- New Indiana Laws to Take Effect July 1, 2022](https://blog/news/new-indiana-laws-taxes-real-estate) [- Powers of Attorney and Appointments of Health Care Representative- Why are they important?](https://blog/estate-planning-and-administration/powers-of-attorney-and-appointments-of-health-care-representative) [- How to Settle a Claim When A Child is Injured](https://blog/litigation/how-to-settle-a-claim-when-a-child-is-injured) [- Barrett McNagny Attorneys Recognized as “Lawyers of the Year” in Best Lawyers® in America](https://blog/news/barrett-mcnagny-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [- Fleck Admitted to Practice in Texas](https://blog/news/fleck-admitted-to-practice-in-texas) [- Benefits of an Employee Handbook](https://blog/labor-and-employment-law/benefits-of-an-employee-handbook) [- Changes to Illinois Leave Laws Effective January 1, 2024](https://blog/labor-and-employment-law/changes-to-illinois-leave-laws-effective-january-1-2024) [Main Site - Data Security and Privacy Webinar](https://data-security-and-privacy-webinar) Video of webinar discussing the changing landscape of data security and privacy hosted by Greater Fort Wayne business Weekly. [- Firm Attorneys Listed in the 2023 Best Lawyers in America Publication](https://blog/news/firm-attorneys-listed-in-the-2023-best-lawyers-in-america-publication) [- What is Succession Planning?](https://blog/business-and-corporate-law/what-is-succession-planning) [Main Site - Office Manager/HR Specialist](https://office-manager) Barrett McNagny is seeking an experienced HR Specialist/Office Manager to handle the daily operations of the firm. [Main Site - HR Specialist/Office Manager](https://hr-generalist) Barrett McNagny is seeking an HR Specialist/Office Manager to handle payroll, assist with benefits and oversee recruitment. [- Barrett McNagny Announced as a Finalist In the 21st Annual M&A Advisor Awards](https://blog/business-and-corporate-law/barrett-mcnagny-announced-as-a-finalist-in-the-21st-annual-manda-advisor-awards) [- EEOC Releases Updated 'Know Your Rights' Poster for Employers](https://blog/labor-and-employment-law/eeoc-releases-updated-know-your-rights-poster-for-employers) [- Benefit Contribution Limits Increase in 2023](https://blog/labor-and-employment-law/employee-benefits/benefit-contribution-limits-increase-in-2023) [- San Jose Obtains Certification from the International Association of Privacy Professionals](https://blog/cybersecurity/san-jose-obtains-certification-from-the-international-association-of-privacy-professionals) [- New Attorneys Join Barrett McNagny](https://blog/news/new-attorneys-join-barrett-mcnagny) [- Best McNagny Listing in 2023 "Best Law Firms" Rankings](https://blog/news/best-mcnagny-listing-in-2023-best-law-firms-rankings) [- Preparing Your Business’s Privacy Policy for the California Privacy Rights Act](https://blog/cybersecurity/preparing-your-businesss-privacy-policy-for-the-california-privacy-rights-act) [- What is the Difference Between Medicare and Medicaid?](https://blog/estate-planning-and-administration/what-is-the-difference-between-medicare-and-medicaid) [- 2023 Executive Committee Announced](https://blog/news/2023-executive-committee-announced) [- It’s the Holiday Season, and Data Breaches are Coming to Town](https://blog/cybersecurity/its-the-holiday-season-and-data-breaches-are-coming-to-town) [- Federal Trade Commission Proposes a Ban on Non-Compete Clauses in Employment Contracts](https://blog/labor-and-employment-law/federal-trade-commission-proposes-a-ban-on-non-compete-clauses-in-employment-contracts) [- The Basic Adoption Process in Indiana](https://blog/family-law/the-adoption-process-in-indiana) [- ​“Reasonable Accommodation” and “Interactive Process” Under the Americans with Disabilities Act (ADA)](https://blog/labor-and-employment-law/reasonable-accommodation-and-interactive-process-under-the-americans-with-disabilities-act-ada) [- FMLA vs. the ADA](https://blog/labor-and-employment-law/fmla-vs-the-ada) [- Pricer Joins Litigation Team](https://blog/litigation/pricer-joins-litigation-team) [- Peery Joins Litigation Team](https://blog/litigation/peery-joins-litigation-team) [- Listing in 2023 Indiana Super Lawyers for 2023](https://blog/news/listing-in-2023-indiana-super-lawyers-for-2023) [- SECURE 2.0 and the Student Debt Solution for Retirement Plans](https://blog/labor-and-employment-law/employee-benefits/secure-20-and-the-student-debt-solution-for-retirement-plans) [- Statement from Barrett McNagny on Henry Najdeski](https://blog/news/statement-from-barrett-mcnagny-on-henry-najdeski) [- Funeral Service for Henry Najdeski](https://blog/news/funeral-service-for-henry-najdeski) [- Estate Planning: Getting Your Affairs in Order and Giving Through Bequests](https://blog/estate-planning-and-administration/estate-planning-getting-your-affairs-in-order-and-giving-through-bequests) [- Molitoris and Ludwiski Elected Partners](https://blog/news/molitoris-and-ludwiski-elected-partners) [- Kimbrough Chair of 2024 Executive Committee](https://blog/news/kimbrough-chair-of-2024-executive-committee) [- The Pregnant Workers Fairness Act](https://blog/labor-and-employment-law/the-pregnant-workers-fairness-act) [- 2023 Summer Law Clerks](https://blog/news/2023-summer-law-clerks) [- Schreiber Elected Partner](https://blog/labor-and-employment-law/schreiber-elected-partner) [- Lake Disputes Involving Where to Dock your Boat or Where to Put your Pier Now Must be Filed in State Court](https://blog/litigation/lake-disputes-involving-where-to-dock-your-boat-or-where-to-put-your-pier-now-must-be-filed-in-state-court) [- Shared Parenting: What is required to successfully co-parent my child(ren)?](https://blog/family-law/shared-parenting-what-is-required-to-successfully-co-parent-my-children) [- 2024 Best Lawyers Listing](https://blog/news/2024-best-lawyers-listing) [- 2024 "Lawyer of the Year" Awards for The Best Lawyers in Fort Wayne](https://blog/news/2024-lawyer-of-the-year-awards-for-the-best-lawyers-in-fort-wayne) [- Injury and Illness Reporting Change for "High-Hazard" Industries](https://blog/labor-and-employment-law/injury-and-illness-reporting-change-for-high-hazard-industries) [- New I-9 Form for Employers](https://blog/labor-and-employment-law/new-i-9-form-for-employers) [Main Site - Michele M. Jandreau](https://michele-m-jandreau) Legal Assistant for Thomas Niezer, Brandon Almas and Carta Robison. [- Estate Planning Team Welcomes Brian Downey](https://blog/estate-planning-and-administration/estate-planning-team-welcomes-brian-downey) [Main Site - Our Staff](https://our-staff) [- Fleck to Present at Intellectual Property Seminar](https://blog/intellectual-property-law/fleck-to-present-at-intellectual-property-seminar) [- Bains to be a Panelist at Construction Contract Roundtable](https://blog/real-estate/bains-to-be-a-panelist-at-construction-contract-roundtable) [- Critical Terms to Consider in an M&A-Related Nondisclosure Agreement](https://blog/business-and-corporate-law/critical-terms-to-consider-in-an-manda-related-nondisclosure-agreement) [- Fitzharris Elected to the Allen County Judicial Nominating Commission](https://blog/news/fitzharris-elected-to-the-allen-county-judicial-nominating-commission) [- Golden Career Recognition for Firm Attorneys](https://blog/news/golden-career-recognition-for-firm-attorneys) [- In Memorium Katie Selby](https://blog/news/in-memorium-katie-selby) [Main Site - Henry Najdeski](https://henry-najdeski) In Memoriam- Henry Najdeski [- 3 Tips for Every New Homeowner](https://blog/estate-planning-and-administration/3-tips-for-every-new-homeowner) [- National Labor Relations Board Issues Final Rule on Joint Employer Status](https://blog/labor-and-employment-law/national-labor-relations-board-issues-final-rule-on-joint-employer-status) [- Retirement Plan Limits Increase in 2024](https://blog/labor-and-employment-law/employee-benefits/retirement-plan-limits-increase-in-2024) [- ​Barrett McNagny LLP Listed in 2024 “Best Law Firms” Rankings](https://blog/news/barrett-mcnagny-llp-listed-in-2024-best-law-firms-rankings) [- In Memoriam N. Thomas Horton](https://blog/news/in-memoriam-n-thomas-horton) [- Szaferski is a Certified Family Law Specialist](https://blog/family-law/szaferski-is-a-certified-family-law-specialist) [- Firm Recognizes Attorneys Listed in 2024 Super Lawyers Publication](https://blog/news/firm-recognizes-attorneys-listed-in-2024-super-lawyers-publication) [- The Top Ten Most Common Frustrations of Mediation](https://blog/litigation/alternative-dispute-resolution/the-top-ten-most-common-frustrations-of-mediation) [- Barrett McNagny Welcomes Kylee Shirey](https://blog/news/barrett-mcnagny-welcomes-kylee-shirey) [Main Site - Privacy Policy](https://privacy-policy) Barrett McNagny LLP (“Barrett,” “us” or “we”) respect your privacy and are committed to protecting the privacy of visitors to our Website, contacts for our clients and prospective clients, contacts for suppliers of goods and services to Barrett, candidates for employment or engagement, and any other individuals about whom Barrett obtains personal information (each, “you”). [- HR Conference Registration](https://blog/seminars-and-workshops/hr-conference-registration) [- Ramsey Elected Managing Partner of Executive Committee](https://blog/news/ramsey-elected-managing-partner-of-executive-committee) [- Murphy Receives Award](https://blog/news/murphy-receives-award) [- FTC Issues Ruling on Banning Non-Competes](https://blog/labor-and-employment-law/ftc-issues-ruling-on-banning-non-competes) [- Department of Labor Issues Final Rule on Salary Threshold to Qualify for Overtime](https://blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-salary-threshold-to-qualify-for-overtime) [- Final Regulation on Pregnant Workers Fairness Act](https://blog/labor-and-employment-law/final-regulation-on-pregnant-workers-fairness-act) [- Kahlon Joins Litigation Team at Barrett](https://blog/litigation/kahlon-joins-litigation-team-at-barrett) [- Fitzharris Elected to American Board of Trial Advocates](https://blog/litigation/fitzharris-elected-to-american-board-of-trial-advocates) [- Fry and Rice Join Firm as Summer Clerks](https://blog/news/fry-and-rice-join-firm-as-summer-clerks) [- ​2024 Legislative Update: New Laws to Take Effect July 1](https://blog/news/2024-legislative-update-new-laws-to-take-effect-july-1) [- Fitzharris Appointed to Merit Selection Panel](https://blog/litigation/fitzharris-appointed-to-merit-selection-panel) [- Jones becomes New Office Manager](https://blog/news/jones-becomes-new-office-manager) [- The District Court Issues Limited Stay On FTC’s Non-Compete Rule](https://blog/labor-and-employment-law/the-district-court-issues-limited-stay-on-ftcs-non-compete-rule) [- Pricer Joins United Way Board](https://blog/news/pricer-joins-united-way-board) [- Local Attorneys Recognized in 2025 Best Lawyers® in America](https://blog/news/local-attorneys-recognized-in-2025-best-lawyers-in-america) [- "Lawyers of the Year" Best Lawyers in America](https://blog/news/lawyers-of-the-year-best-lawyers-in-america) [- Texas District Court Issued a Nationwide Injunction on the FTC’s Rule Banning Non-Competes](https://blog/labor-and-employment-law/texas-district-court-issued-a-nationwide-injunction-on-the-ftcs-rule-banning-non-competes) [- Schreiber Joins Labor & Employment Team](https://blog/labor-and-employment-law/schreiber-joins-labor-and-employment-team) [- Cohen Elected Chair of the Executive Committee](https://blog/news/cohen-elected-chair-of-the-executive-committee) [- Parenting During the Holidays after Divorce](https://blog/family-law/parenting-during-the-holidays-after-divorce) [- Stites Receives Niemann Citation from Allen County Bar](https://blog/news/stites-receives-niemann-citation-from-allen-county-bar) [- The Nuts and Bolts of Easements](https://blog/litigation/the-nuts-and-bolts-of-easements) [- 2025 Indiana Legislative Update: New Laws to Take Effect July 1](https://blog/news/2025-indiana-legislative-update-new-laws-to-take-effect-july-1) [- Reporting Requirements under the Corporate Transparency Act](https://blog/business-and-corporate-law/reporting-requirements-under-the-corporate-transparency-act) [Main Site - Litigation Associate](https://litigation-associate) ​Barrett McNagny is currently looking for an associate to join our our litigation teams [- How to Make Your Inheritance Last](https://blog/estate-planning-and-administration/how-to-make-your-inheritance-last) [- Reviewing Your Estate Plan after the Death of a Loved One](https://blog/estate-planning-and-administration/reviewing-your-estate-plan-after-the-death-of-a-loved-one) [- Bailey Joins Real Estate Team](https://blog/real-estate/bailey-joins-real-estate-team) [- Frandsen and Ostermeyer Join Barrett McNagny](https://blog/news/frandsen-and-ostermeyer-join-barrett-mcnagny) [- Barrett McNagny LLP Listed in 2025 “Best Law Firms” Rankings](https://blog/news/barrett-mcnagny-llp-listed-in-2025-best-law-firms-rankings) [- Contribution Rules for 401(k) Plans to Change](https://blog/labor-and-employment-law/employee-benefits/contribution-rules-for-401k-plans-to-change) [- Update on the Department of Labor's 2024 Overtime Pay Rule](https://blog/labor-and-employment-law/update-on-the-department-of-labor-2024-overtime-pay-rule) [- Firm Holiday Hours](https://blog/news/firm-holiday-hours) [Main Site - Mailroom Coordinator](https://mailroom-coordinator) Barrett McNagny currently has an opening for a mailroom coordinator. The Mailroom Coordinator is responsible for overseeing the daily operations of the mailroom, ensuring the efficient and timely distribution of mail and packages within the organization. This role involves managing incoming and outgoing mail, maintaining mailroom equipment, and providing excellent customer service to internal staff. [Main Site - Law Careers](https://careers) Barrett McNagny LLP is a law firm of 44 lawyers located in Fort Wayne, Indiana. The law firm serves international, national, regional, and local business clients of various sizes with comprehensive counsel and representation. [- Victor Joins Business Law Team](https://blog/business-and-corporate-law/victor-joins-business-law-team) [Main Site - 2025 HR Case Law Update Video](https://2025-hr-case-law-update-video) [Main Site - 2025 HR Legislative Update Video](https://2025-hr-legislative-update-video) [Main Site - 2025 HR Handbook Update](https://2025-hr-handbook-update) [Main Site - 2025 HR Scenarios](https://2025-hr-scenarios) [Main Site - 2025 HR Employee Benefits Update](https://2025-hr-employee-benefits-update) [- Changes to the Federal Estate and Gift Tax Laws](https://blog/estate-planning-and-administration/changes-to-the-federal-estate-and-gift-tax-laws) [- ​Attorneys Recognized in 2026 Indiana Super Lawyers Publication](https://blog/news/attorneys-recognized-in-2026-indiana-super-lawyers-publication) [- What is FMLA?](https://blog/labor-and-employment-law/what-is-fmla) [- NLRB Remedies During Pending Litigation: Starbucks Corp. v. McKinney](https://blog/labor-and-employment-law/nlrb-remedies-during-pending-litigation-starbucks-corp-v-mckinney) [- Families First Coronavirus Response Act Effective April 1, 2020](https://blog/labor-and-employment-law/families-first-coronavirus-response-act-effective-april-1-2020) [- Telemedicine During COVID-19](https://blog/litigation/medical-malpractice/telemedicine-during-covid-19) [- Talarico Named Alumnus of the Year](https://blog/news/talarico-named-alumnus-of-the-year) [- Potential Changes to Home Healthcare Third-Party Providers Overtime Obligations](https://blog/labor-and-employment-law/potential-changes-to-home-healthcare-third-party-providers-overtime-obligations) [Main Site - Terms of Use](https://terms-of-use) Welcome to our website. Barrett McNagny (“Barrett,” “we” or “us”), owns and operates this website, www.barrettlaw.com (the “Website”). By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website. [- Bains Admitted to Ohio Bar](https://blog/news/bains-admitted-to-ohio-bar) [- Weber Admitted to Practice Law in Indiana](https://blog/business-and-corporate-law/weber-admitted-to-practice-law-in-indiana) [Main Site - Legal Assistant](https://legal-assistant) Legal Assistant Position [- Molitoris Featured in The Indiana Lawyer's 2025 Leadership in Law Publication](https://blog/news/molitoris-featured-in-the-indiana-lawyers-2025-leadership-in-law-publication) [- Barrett Welcomes Summer Clerks](https://blog/news/barrett-welcomes-summer-clerks) [- Understanding the Corporate Transparency Act (CTA) for Executives](https://blog/business-and-corporate-law/understanding-the-corporate-transparency-act-cta-for-executives) [- Parachute Payments in Mergers and Acquisitions](https://blog/labor-and-employment-law/employee-benefits/parachute-payments-in-mergers-and-acquisitions) [- Is Your Confidentiality Agreement Enforceable?](https://blog/labor-and-employment-law/is-your-confidentiality-agreement-enforceable) [- New Indiana Law to Take Effect July 1 to Impact Employers](https://blog/labor-and-employment-law/new-indiana-law-to-take-effect-july-1-to-impact-employers) [- Best Corporate Governance Practices for Rookies](https://blog/business-and-corporate-law/best-corporate-governance-practices-for-rookies) [- S Corp or LLC – Which is Right for My Business?](https://blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business) [- Laws Governing Service & Emotional Support Animals in the Workplace](https://blog/labor-and-employment-law/laws-governing-service-and-emotional-support-animals-in-the-workplace) [- Creating an Effective Employee Handbook: A Comprehensive Guide](https://blog/labor-and-employment-law/creating-an-effective-employee-handbook-a-comprehensive-guide) [- Ramsey Quoted in Article About "Good Samaritan” Provision in Stimulus Bill](https://blog/litigation/medical-malpractice/ramsey-quoted-in-article-about-good-samaritan-provision-in-stimulus-bill) [- Indiana Supreme Court Defines Use of Liquidated Damages Clauses in Employment Contracts](https://blog/labor-and-employment-law/indiana-supreme-court-defines-use-of-liquidated-damages-clauses-in-employment-contracts) [- Preparing to Meet Your Family Law Attorney: What should you bring to your first meeting?](https://blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting) [- DECANTING (or when an Irrevocable Trust is not irrevocable)](https://blog/estate-planning-and-administration/decanting-or-when-an-irrevocable-trust-is-not-irrevocable) [- Josh Neal Interviewed on INsight about Real Estate Transactions](https://blog/news/josh-neal-interviewed-on-insight-about-real-estate-transactions) [- OSHA Rescinds Electronic Submission and Public Disclosure Requirements for Large Employers](https://blog/labor-and-employment-law/osha-rescinds-electronic-submission-and-public-disclosure-requirements-for-large-employers) [- Marcus Heminger Elected Partner](https://blog/news/marcus-heminger-elected-partner) [- Attorneys Recognized in The Best Lawyers in America 2026](https://blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2026) [- Attorneys Listed in The 2026 Best Lawyers in America: Ones to Watch](https://blog/news/attorneys-listed-in-the-2026-best-lawyers-in-america-ones-to-watch) [- 2024 Best Lawyers: Ones to Watch Listing](https://blog/news/2024-best-lawyers-ones-to-watch-listing) [- The 2025 Best Lawyers in America: Ones to Watch](https://blog/news/the-2025-best-lawyers-in-america-ones-to-watch) [- Barrett McNagny Recognized in the Chambers USA 2025 Guide](https://blog/business-and-corporate-law/barrett-mcnagny-recognized-in-the-chambers-usa-2025-guide) [- Geist Joins Family Law Team](https://blog/family-law/geist-joins-family-law-team) [Main Site - Personal Legal Services](https://personal-legal-services) Barrett McNagny offers personal legal services such as Family and Domestic Law, Elder Law, and Estate Planning and Administration. [Main Site - Small Business Lawyer, Entrepreneur, Startup Business Law](https://small-business-law) Barrett McNagny LLP's Small Business Law group aids entrepreneurs by navigating legal challenges, ensuring strong foundations for success. [- Fitzharris Elected to Board of Governors](https://blog/news/fitzharris-elected-to-board-of-governors) [- Bender Joins Litigation Team](https://blog/litigation/bender-joins-litigation-team) [- What’s Yours is Mine: Understanding Adverse Possession in Indiana](https://blog/real-estate/whats-yours-is-mine-understanding-adverse-possession-in-indiana) [- Barrett McNagny LLP Listed in 2026 “Best Law Firms” Rankings](https://blog/news/barrett-mcnagny-llp-listed-in-2026-best-law-firms-rankings) [- Nuevo Joins Labor & Employment Team](https://blog/labor-and-employment-law/nuevo-joins-labor-and-employment-team) [- Child Custody](https://blog/appellate-law/child-custody) [- Child Support](https://blog/appellate-law/child-support) [- 2025 National Labor Relations Act Updates: Key Developments and Implications](https://blog/labor-and-employment-law/2025-national-labor-relations-act-updates-key-developments-and-implications) [- Understanding UCCJEA Jurisdiction in Custody and Parenting Time Cases](https://blog/family-law/understanding-uccjea-jurisdiction-in-custody-and-parenting-time-cases) [- Fitzharris Selected Fellow of the Litigation Counsel of America](https://blog/litigation/alternative-dispute-resolution/fitzharris-selected-fellow-of-the-litigation-counsel-of-america) [- Indiana Mechanic’s Liens: Key Timeframes and the Subcontractor Personal Liability Notice](https://blog/real-estate/indiana-mechanics-liens-key-timeframes-and-the-subcontractor-personal-liability-notice) [Practice Area - Health Care Law, Medical Malpractice Litigation](https://practice-areas/health-care-law) The Health Care Group at Barrett McNagny provide for the legal needs for healthcare institutions and providers and ensure they are compliant with regulations [Practice Area - Bankruptcy Law, Creditors' Rights Law](https://practice-areas/bankruptcy-and-creditors-rights-law) The Bankruptcy and Creditors' Rights attorneys at Barrett McNagny guide clients through complex debtor-creditor disputes while providing practical legal advice [Main Site - Search](https://search) Sorry no results were found! [Practice Area - Tax Law and Taxation](https://practice-areas/tax-law-and-taxation) The Tax Law Team at Barrett McNagny specializes in tax planning, mergers and acquisitions, estate plans, tax audits and more for individuals and organizations [Attorney Listing - Melanie J. Illig : Legal Assistant](https://our-staff/melanie-j-illig) Contact Information for Melanie Illig, Legal Assistant at Barrett McNagny. [Practice Area - Financial Institutions, Banking Attorney](https://practice-areas/financial-institutions) The Financial Institutions Group at Barrett McNagny provide legal services to state and federal banks and financial institutions [Practice Area - Environmental Law, Environmental Issues](https://practice-areas/environmental-law) Barrett's Environmental Law Attorneys apply their in-depth experience to a wide range of environmental issues and help clients maintain environmental compliance [Practice Area - Family and Domestic Law](https://practice-areas/family-and-domestic-law) Barrett McNagny's Family Law Group approach matters practically and compassionately during the sensitive and complicated matters of Family Law [Practice Area - E-Commerce Transaction Law, Internet Attorney](https://practice-areas/e-commerce-transaction-law) Barrett McNagny E-commerce Law attorneys provide the resources critical for clients to buy, sell or license goods and services over the internet [Practice Area - Estate and Trust Litigation](https://practice-areas/estate-and-trust-litigation) Our attorneys provide a practical approach to solving estate claims to avoid or minimize litigation during the emotional time of losing a family member. [Attorney Listing - George Pappas : Patent & Trademark Attorney, Partner](https://our-people/george-pappas) George Pappas is a registered patent and trademark attorney providing intellectual property law services including securing, enforcing and defending patents, trademarks, copyrights and trade secrets and associated prosecution, litigation, licensing and consulting. [Attorney Listing - Joshua C. Neal : Partner](https://our-people/joshua-c-neal) Joshua C. Neal is an attorney with Barrett McNagny concentrating his practice in the areas of Consumer Financial Services and Real Estate law, including property tax appeals. [Attorney Listing - Larry W. Rudawsky : Senior Counsel](https://our-people/larry-w-rudawsky) Larry W. Rudawsky has over thirty years of experience in the area of employee benefits and has extensive knowledge in the areas of reviewing, developing an [Attorney Listing - Philip A. Wagler : Partner](https://our-people/philip-a-wagler) Philip A. Wagler is an attorney with Barrett McNagny concentrating in the area of Estate Planning and Administration. [Attorney Listing - Stephanie Nuevo : Associate](https://our-people/stephanie-nuevo) Stephanie Fleming is a member of Barrett McNagny’s Labor and Employment Law group. She counsels human resources personnel regarding employment matters, including [Practice Area - Trademarks](https://practice-areas/trademarks) The Trademark attorneys at Barrett McNagny can assist in clearing, registering, maintaining and enforcing your trademarks in the U.S. and internationally [Practice Area - Worker's Compensation Law](https://practice-areas/workers-compensation) The lawyers at Barrett McNagny have represented self-insured companies, insurance companies, and third-party administrators in workers compensation claims [Practice Area - Trade Secrets](https://practice-areas/trade-secrets) The Trade Secret attorneys at Barrett McNagny can advise you on best trade secret practices and help you draft & enforce your Confidentiality and NDA Agreements [Practice Area - Patents](https://practice-areas/patents) Barrett McNagny can help you strategically evaluate and patent your inventions, enforcing them in the U.S. and internationally [Practice Area - Copyrights](https://practice-areas/copyrights) The Copyright lawyers at Barrett McNagny can advise you in registering your copyright and enforcing/licensing your Copyright in the U.S. and internationally [Practice Area - Intellectual Property Law, Patent Attorney](https://practice-areas/intellectual-property-law) The Intellectual Property Law attorneys at Barrett McNagny help clients obtain, protect, and enforce their competitive edge in the world of ideas. [Practice Area - Economic Development and Real Estate](https://practice-areas/economic-development-and-real-estate) The Economic Development & Real Estate attorneys at Barrett McNagny work to secure funding through incentives and grants to help clients projects to completion [Attorney Listing - Mark H. Bains : Partner](https://our-people/mark-h-bains) A real estate attorney, Mark H. Bains represents clients in a variety of matters including work with residential and commercial contractors and developers, drafting of construction contracts, land use planning and litigation. [Attorney Listing - Patrick G. Murphy : Partner](https://our-people/patrick-g-murphy) Patrick G. Murphy is an attorney with Barrett McNagny concentrating his practice in the area of Litigation, including commercial and business litigation, insurance defense and bet-the-company litigation. [Attorney Listing - Michael P. O'Hara : Partner](https://our-people/michael-p-ohara) Michael P. O'Hara is an attorney with Barrett McNagny concentrating his practice in the areas of Financial Institutions, Bankruptcy and Creditors Rights, and Corporate and Business Law. [Practice Area - Alternative Dispute Resolution](https://practice-areas/alternative-dispute-resolution) Barrett McNagny's attorneys have experience in Alternative Dispute Resolution and Conflict Management which includes arbitration, mediation, and mini-trials. [Attorney Listing - Michael H. Michmerhuizen : Partner](https://our-people/michael-h-michmerhuizen) Michael H. Michmerhuizen is an attorney with Barrett McNagny concentrating in the areas of Appellate Law and Litigation. [Attorney Listing - Cathleen M. Shrader : Senior Counsel](https://our-people/cathleen-m-shrader) Cathleen M. Shrader is an attorney with Barrett McNagny concentrating in the areas of Appellate Law and Litigation, including complex commercial litigation. [Attorney Listing - Jeffrey M. Woenker : Partner](https://our-people/jeffrey-m-woenker) Jeff M. Woenker is an attorney with Barrett McNagny concentrating his practice in the areas of Corporate and Business Law, and Taxation. [Practice Area - Employee Benefits Law, Employment Law](https://practice-areas/employee-benefits-law) The Employee Benefits Group at Barrett McNagny help design employee benefit programs and advise clients regarding compliance with applicable employee plans [Attorney Listing - Justin T. Molitoris : Partner](https://our-people/justin-t-molitoris) Justin T. Molitoris concentrates his practice in the area of corporate and business law. He assists clients in business formation and organization as well as corporate governance. [Attorney Listing - Samuel J. Talarico Jr. : Partner](https://our-people/samuel-j-talarico-jr) Samuel J. Talarico is an attorney with Barrett McNagny concentrating his practice in the areas of Biotech, Corporate and Business Law, Real Estate and Securities. [Attorney Listing - Marcus A. Heminger : Partner](https://our-people/marcus-a-heminger) Marcus A. Heminger concentrates his practice in the areas of corporate and business law and securities law. [Practice Area - Public Finance Law](https://practice-areas/public-finance-law) The Public Finance Law attorneys at Barrett McNagny advise and represent banks and financial institutions in financing, bond counsel, and general legal matters. [Practice Area - Biotechnology Law, Biotech Patent Law](https://practice-areas/biotechnology-law) Barrett McNagny's Biotechnology Law attorneys advise clients in the biotechnology, medical device and health services industries in a variety of legal areas [Attorney Listing - Maria A. Mirande : Associate](https://our-people/maria-a-mirande) Maria works with the family and domestic law team assisting clients with dissolutions, adoptions, guardianships, handling custody and child support issues. [Practice Area - Cybersecurity & Privacy](https://practice-areas/cybersecurity-and-privacy) Barrett McNagny’s Cybersecurity & Privacy attorneys work with companies before, during and after a data breach and develop practical ways to protect their data. [Attorney Listing - Emma O. McClain : Legal Assistant](https://our-staff/emma-o-mcclain) Contact information for Emma McClain, a Legal Assistant at Barrett McNagny [Attorney Listing - James J. O'Connor : Partner](https://our-people/james-j-oconnor) James J. O'Connor is an attorney with Barrett McNagny concentrating his practice in the areas of Worker's Compensation, Alternative Dispute Resolution and Litigation, including Estate and Trust litigation. [Attorney Listing - David C. Pricer : Associate](https://our-people/david-c-pricer) David Pricer concentrates his practice in the area of litigation, including commercial litigation, premises liability, professional liability, general liability claims [Attorney Listing - H. Joseph Cohen : Partner](https://our-people/h-joseph-cohen) H. Joseph Cohen is an attorney with Barrett McNagny that practices in the areas of Health Care Law, Employment and Labor relations and Litigation. [Attorney Listing - Kevin K. Fitzharris : Partner | Registered Civil Mediator | Arbitrator | Special Master | Neutral Evaluator](https://our-people/kevin-k-fitzharris) Kevin K. Fitzharris is an attorney with Barrett McNagny representing clients in the areas of Litigation, including commercial and insurance defense; Alternative Dispute Resolution and Worker's Compensation. [Attorney Listing - Benjamin D. Ice : Partner](https://our-people/benjamin-d-ice) Benjamin Ice represents clients in all areas of litigation with a focus on medical malpractice defense, long term care defense, and professional negligence litigation. [Attorney Listing - Robert T. Keen Jr. : Partner](https://our-people/robert-t-keen-jr) Robert T. Keen is a Litigation attorney with Barrett McNagny with experience in the areas of Insurance Defense; Commercial Litigation; Commercial Litigation; Civil Litigation; Premises Liability Defense; Products Liability; Employment Litigation; Civil Rights Litigation; and Governmental Litigation. [Attorney Listing - Thomas M. Kimbrough : .](https://our-people/thomas-m-kimbrough) Thomas Kimbrough provides counseling and representation to Union and non-Union employers in every aspect of employee relations. He also has extensive experience in handling other litigation claims, including insurance defense. [Attorney Listing - William A. Ramsey : Partner](https://our-people/william-a-ramsey) William Ramsey represents clients on appeals, defends medical malpractice and general liability claims, and litigates business and commercial matters. [Attorney Listing - John C. Barce : Partner](https://our-people/john-c-barce) John Barce is an attorney with Barrett McNagny that practices in the areas of Business and Corporate Law; Intellectual Property; Biotech; and Taxation. [Attorney Listing - Alexandra S. Patino-Ramirez : Legal Assistant](https://our-staff/alexandra-s-patino-ramirez) Alexandra S. Patino-Ramirez is a legal assistant at Barrett McNagny [Attorney Listing - David R. Steiner : Partner](https://our-people/david-r-steiner) David R. Steiner is an attorney with Barrett McNagny concentrating his practice in the areas of Environmental Law; Corporate and Business Law; E-commerce; and Real Estate law. [Attorney Listing - Carta H. Robison : Associate](https://our-people/carta-h-robison) Carta Robison focuses her practice in the area of labor and employment law. [Attorney Listing - Connor Fleck : Patent Attorney & Associate](https://our-people/connor-fleck) Connor Fleck concentrates his practice in the area of intellectual property where he assists clients with filing for patents, securing trademarks and helping to [Attorney Listing - Trisha J. Paul : Partner](https://our-people/trisha-j-paul) Trisha J. Paul is an attorney with Barrett McNagny concentrating in the area of Estate Planning and Administration. [Attorney Listing - Thomas M. Niezer : Partner](https://our-people/thomas-m-niezer) Thomas M. Niezer is an attorney with Barrett McNagny concentrating his practice in the area of Real Estate law, including zoning and land use planning. [Practice Area - Estate Planning and Administration](https://practice-areas/estate-planning) The Estate Planning Group at Barrett McNagny use efficient services to allow our clients to accumulate wealth and plan for its tax-efficient transfer [Attorney Listing - Michele M. Jandreau : Legal Assistant](https://our-staff/michele-m-jandreau) Michele [Attorney Listing - Kay E. Cummings : Paralegal & Legal Assistant](https://our-staff/kay-e-cummings) Contact information for Kay Cummings, a Paralegal & Legal Assistant at Barrett McNagny [Attorney Listing - Thomas E. Ludwiski : Partner](https://our-people/thomas-e-ludwiski) Thomas E. Ludwiski is an attorney at Barrett McNagny concentrating in the area of corporate and business law and taxation. [Attorney Listing - Rhonda M. Conrad : Legal Assistant](https://our-staff/rhonda-m-conrad) Contact information for Rhonda Conrad, a Legal Assistant at Barrett McNagny [Attorney Listing - Alana S. Miller : Legal Assistant](https://our-staff/alana-s-miller) Contact information for Alana Miller, a Legal Assistant at Barrett McNagny [Attorney Listing - Leeann Miller : Legal Assistant](https://our-staff/leeann-miller) Contact information for Leeann Miller, a Legal Assistant at Barrett McNagny [Attorney Listing - Denise M. Steenman : Legal Assistant](https://our-staff/denise-m-steenman) Contact information for Denise Steenman, a Legal Assistant at Barrett McNagny [Attorney Listing - Sandy M. Hyndman : Legal Assistant](https://our-staff/sandy-m-hyndman) Contact information for Sandy Hyndman, a Legal Assistant at Barrett McNagny [Attorney Listing - Sandra K. Johnson : Legal Assistant](https://our-staff/sandra-k-johnson) Contact information for Sandra Johnson, Legal Assistant at Barrett McNagny [Attorney Listing - Heather N. Warner : Legal Assistant](https://our-staff/heather-n-warner) Contact information for Heather Warner, a Legal Assistant at Barrett McNagny [Attorney Listing - Jamie L. Schofield : Paralegal](https://our-staff/jamie-l-schofield) Contact information for Jamie Schofield, a Paralegal at Barrett McNagny [Attorney Listing - Vernette E. Williams : Paralegal](https://our-staff/vernette-e-williams) Contact information for Vernette Williams, a Paralegal at Barrett McNagny [Attorney Listing - Legal Assistant : Legal Assistant](https://our-staff/legal-assistant) Legal Assistant Example Page [Attorney Listing - IP Legal Assistant : Legal Assistant](https://our-staff/ip-legal-assistant) Legal Assistant IP Example Page [Attorney Listing - Lauren K. Fields : Legal Assistant](https://our-staff/lauren-k-fields) Contact information for Lauren Fields, a Legal Assistant at Barrett McNagny [Attorney Listing - Beverly E. Irvin : Paralegal](https://our-staff/beverly-e-irvin) Contact information for Beverly Irvin, a Legal Assistant at Barrett McNagny [Attorney Listing - Emily S. Szaferski : Partner](https://our-people/emily-s-szaferski) Emily S. Szaferski is an attorney with Barrett McNagny concentrating her practice in the area of Domestic and Family law, including dissolution/divorce, guardianship, paternity, and adoptions. [Attorney Listing - Caleb W. Peery : Associate](https://our-people/caleb-w-peery) Caleb W. Perry is an attorney with Barrett McNagny focusing his practice in the area of commercial litigation and insurance defense. [Attorney Listing - Holly M. Weber : Associate](https://our-people/holly-m-weber) Holly M. Smith is an associate with Barrett McNagny focusing in the areas of mergers and acquisitions and business law. [Practice Area - Securities Law, Securities Attorney](https://practice-areas/securities-law) The Securities Law attorneys at Barrett McNagny represent both private and publicly held companies in all aspects of securities law compliance [Attorney Listing - Sarah L. Schreiber : Partner](https://our-people/sarah-l-schreiber) Sarah Schreiber represents clients in the area of labor and employment. She has over a decade of experience defending employers against claims involving Title [Attorney Listing - Gretchen F. Keller : Paralegal](https://our-staff/gretchen-f-keller) [Practice Area - Labor Relations and Employment Law](https://practice-areas/labor-relations-and-employment-law) The Labor Relations and Employment Law attorneys at Barrett McNagny specialize in resolving disputes for clients when they arise to prevent future litigation [Attorney Listing - John M. Frandsen : Associate](https://our-people/john-m-frandsen) John Frandsen is a business law attorney who works on the mergers & acquisitions team serving business clients of all sizes from sole proprietorships to Fortune 500 companies. [Attorney Listing - Lewis W. Ostermeyer : Associate](https://our-people/lewis-w-ostermeyer) Lewis Ostermeyer is an attorney with the mergers & acquisitions and corporate law teams at Barrett McNagny assisting clients with drafting and reviewing of contracts, regulatory compliance, and due diligence. [Attorney Listing - Litigation Legal Assistant : Legal Assistant](https://our-staff/litigation-legal-assistant) Litigation legal assistant example page. [Practice Area - Medical Malpractice Defense](https://practice-areas/medical-malpractice-defense) The Medical Malpractice attorneys at Barrett McNagny have decades of combined experience representing and defending against medical malpractice claims [Attorney Listing - Andrea L. Sykes : Legal Assistant](https://our-staff/andrea-l-sykes) Andrea Sykes is a Legal Assistant at Barrett McNagny. [Attorney Listing - Sabrina T. Victor : Associate](https://our-people/sabrina-t-victor) Sabrina Victor is an attorney in the areas of mergers & acquisitions, and business & corporate law assisting businesses of all sizes with their legal needs. [Attorney Listing - Benjamin N. Bailey : Associate](https://our-people/benjamin-n-bailey) Attorney Ben Bailey works with businesses and individuals in all stages of real estate transactions such as the purchase, sale, financing, and leasing of commercial, industrial, [Attorney Listing - Brian J. Downey : Partner](https://our-people/brian-j-downey) Brian focuses his practice in the areas of wills and trusts, the avoidance or reduction of estate, inheritance, and generation-skipping taxes. He also consults [Attorney Listing - Richard E. Fox : Retired Partner](https://our-people/richard-e-fox) Richard E. Fox is an attorney with Barrett McNagny who practices in the areas of Corporate and Business Law, Public Finance, E-Commerce, and Taxation. [Attorney Listing - Brittany M. Bruick : Paralegal](https://our-staff/brittany-m-bruick) Contact information for Brittany Bruick, a Paralegal & Legal Assistant at Barrett McNagny [Attorney Listing - Courtney L. Cole : Legal Assistant](https://our-staff/courtney-l-cole) Contact information for Courtney Cole, a Legal Assistant at Barrett McNagny. [Attorney Listing - Danielle A. Southerland : Paralegal](https://our-staff/danielle-a-southerland) Contact information for Danielle Southerland, a Paralegal at Barrett McNagny [Practice Area - Insurance Defense](https://practice-areas/insurance-defense) The Insurance Defense Attorneys at Barrett McNagny provide high quality and efficient representation to national, regional, and specialized insurance companies [Practice Area - Litigation Services, Litigation Attorney](https://practice-areas/litigation-services) The Litigation attorneys at Barrett McNagny have earned a reputation for experience, integrity, and excellence in all types of litigation cases [Attorney Listing - Oliana L. Nansen : Paralegal](https://our-staff/oliana-l-nansen) Contact information for Oliana Nansen, a Paralegal at Barrett McNagny [Practice Area - Mergers and Acquisitions](https://practice-areas/mergers-and-acquisitions) Barrett McNagny attorneys have provided trusted council in all aspects of buying, selling, merging, and consolidating two companies together. [Practice Area - Corporate Law, Business Law, Commercial law](https://practice-areas/business-law) Barrett McNagny Corporate & Business Law attorneys have extensive experience ranging from general business matters to multi-national transactions [Attorney Listing - Kayte L. Geist : Associate Attorney & Guardian Ad Litem](https://our-people/kayte-l-geist) Kayte Geist concentrates her practice in the area of domestic and family law. She assists clients with dissolutions, prenuptial agreements, protective orders, custody and parenting time modifications, and child support issues. [Attorney Listing - Anthony M. Stites : Partner](https://our-people/anthony-m-stites) Anthony M. Stites is an attorney with Barrett McNagny concentrating his practice in the area of Labor and Employment Law, Litigation and Alternative Dispute resolution. [Attorney Listing - Rachel L. Tucker : Paralegal](https://our-staff/rachel-l-tucker) Rachel Tucker is a Paralegal at Barrett McNagny LLP. [Practice Area - Real Estate Law, Property Law](https://practice-areas/real-estate-law) When it comes to Real Estate Law Barrett McNagny has significant depth and experience that apply to both the simplest and most complex real estate law matters. [Attorney Listing - Lily K. Gulvas : Legal Assistant](https://our-staff/lily-k-gulvas) Contact information for Lily Gulvas, Legal Assistant for Barrett McNagny. [Attorney Listing - Amanda V Bodigon : Paralegal](https://our-staff/amanda-v-bodigon) Contact information for Amanda Bodigon, a Paralegal at Barrett McNagny [Attorney Listing - David P. Bender : Associate](https://our-people/david-p-bender) David P. Bender is a member of the litigation team, where he focuses on matters involving insurance defense, commercial litigation, premises liability, products liability, collections, and contract disputes. [Practice Area - Appellate Law, Appeals Lawyer](https://practice-areas/appellate-law) Barrett McNagny is experienced in both state and federal Appellate Law and will work directly with the client and trial counsel to discuss all appellate options [Practice Area - Business and Commercial Litigation](https://practice-areas/business-and-commercial-litigation) Business and Commercial Litigation is a core competency at Barrett McNagny. We've represented clients of all sizes and worked to protect their business # Small Business Lawyer, Entrepreneur, Startup Business Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/small-business-law #Small Business Lawyer, Entrepreneur, Startup Business Law The business law attorneys in Barrett McNagny LLP's Small Business Law group work closely with entrepreneurs on new business endeavors to help lay the foundation to give their companies and ideas the best chances for success by helping to navigate the legal issues that can arise. Clients represented by the law firm's group span many major industry segments (among others) including: - Manufacturing - Distributing - Retail - Banking & Finance - Health Care - Biotechnology - Insurance - Real Estate - Electronic Commerce - Nonprofit Organizations ##Small Business Law Highlights: We represent clients on a variety of matters, from the original establishment of the business enterprise through all aspects of its evolution and operation. ##[Forming Businesses and Emerging Business Planning](https://www.barrettlaw.com/forming-a-business-and-emerging-business-planning) Recognizing that new and emerging businesses have different legal needs, we advise clients on entity selection, choosing the state of formation and assist in filing the necessary governmental documents. 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 we offer counsel on officer and director liability. [](https://#QuickContactUs ) #### [![](https:///Data/Accounts/Files/1/11f151d26e71b0bf1066584f811d34e7-Schedule-Appt-Button-small.png)](https://#QuickContactUs) ##Commercial and Common Business Transactions We support our clients in a variety of contractual matters, including: - Negotiating, developing, and documenting sales agreements and programs for distributors franchises - Equipment sales - Purchase agreements - Equipment leases - Technology licenses - Warranties - Other general business transactions We provide business law counsel in connection with contractual obligations including requirement 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 with structuring and preparing consulting agreements, executive compensation arrangements and management agreements. ##[Federal and State Securities](https://www.barrettlaw.com/practice-areas/securities-law) We handle a wide range of Federal and State securities issues. Our attorneys provide counsel for: - Public Offerings - Private Placements - Venture Capital Transactions Our business attorneys, in conjunction with the firm's Commercial Litigation Group, also represent both individuals and companies in lawsuits involving securities disputes, including the defense against Federal and/or State securities fraud claims. ##[Intellectual Property](https://www.barrettlaw.com/practice-areas/intellectual-property-law) Our attorneys work with clients to help obtain, protect and enforce a competitive edge in the marketplace by assisting clients with: - Trademarks of business names and brands - Protecting ideas through copyrights - Helping to file patents ##Contact our Team Contact a member of our Small Business team by clicking on their picture below [![](https://www.barrettlaw.com/Data/Accounts/Files/1/cbc8604567c7d921b930488b400a9028-JohnBarceName-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/d8817167ad413b644a899a5ebedd65b9-JohnFrandsenName-min.jpg)](https://www.barrettlaw.com/our-people/john-m-frandsen) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/a520f2d5d091abb427cb8fce1af62f26-MarcusHemingerName-min.jpg)](https://www.barrettlaw.com/our-people/marcus-a-heminger) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/a1e2037e3af762bb10403018ea3a1829-ThomasLudwiskiName-min.jpg)](https://www.barrettlaw.com/our-people/thomas-e-ludwiski) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/45a0c1bdb8eceb380d0b519c37fa4dc1-JustinMolitorisName-min.jpg)](https://www.barrettlaw.com/our-people/justin-t-molitoris) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/ec7b6fe05a8b70e1d38df7a951c29f28-LewisOstermeyerName-min.jpg)](https://www.barrettlaw.com/our-people/lewis-w-ostermeyer) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/876f2f7161a849d772585db545f31cf1-HollySmithName-min.jpg)](https://www.barrettlaw.com/our-people/holly-m-weber) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/b99611f3b042d96e48a16fe71b72183e-SamuelTalaricoName-min.jpg)](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/0ea24b7714acf77ecb8b43e186d627e5-SabrinaVictorName-min.jpg)](https://www.barrettlaw.com/our-people/sabrina-t-victor) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/401f5a411130b63dbd5add62d5589c3c-JeffWoenkerName-min.jpg)](https://www.barrettlaw.com/our-people/jeffrey-m-woenker) ####Helpful Resources [Business Startup Formation Checklist](https://www.barrettlaw.com/blog/business-and-corporate-law/business-startup-formation-checklist) [Important Due Diligence Items to Consider When Buying a Business](https://www.barrettlaw.com/blog/business-and-corporate-law/important-due-diligence-items-to-consider-when-buying-a-business) [S Corp or LLC- Which is right for my business? ](https://www.barrettlaw.com/blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business) [Avoiding Personal Liability in E-Commerce after Wayfair](https://www.barrettlaw.com/blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair) [Ten Steps to Get Your Business Startup on Track](https://www.barrettlaw.com/blog/business-and-corporate-law/ten-steps-to-get-your-business-startup-on-track) # Starting a Business | Barrett McNagny LLP Source: https://www.barrettlaw.com/starting-a-business #Starting a Business Starting your own business is a complicated and exciting endeavor. There are several steps you should take to make sure you start off on the right foot, including a variety of financial and legal boxes to check off before opening your doors. Barrett has experience helping business successfully take off. Whether you’re a small, one-person business, or will be taking on several employees in your endeavor, Barrett can help. Here are some general tips for starting a business. **1. Open a bank account** A business and its owner are separate entities. Prevent problems and stress by opening a dedicated bank account for your business. **2. Track business expenses** Entangling personal and business expenses is a common pitfall for new business owners. Establish a system of separation early and stick to it. Some of the things you want to keep receipts for are: - Business Lunches - Out-of-town business travel - Vehicle-related expenses - Business gifts - Home office expenses (e.g., your new standing desk) **3. Develop a bookkeeping system** Many business owners handle accounting in-house. Make it easy on yourself and track receivables and payables. There are two general methods you can use: the accrual method which tracks revenues once earned, and cash basis, which tracks revenue and expenses as they are paid. **4. Set up a payroll system** In order to abide by local, state, and federal law, you should establish a payroll system before hiring anyone. Barrett’s team of business and corporate attorneys can help determine to which laws you need to adhere. **5. Keep on top of import and customs taxes** If you import or export goods or services to countries outside of the US, you need to be aware of pertinent taxes and their impact on your bottom line. **6. Determine how your customers will pay you** You’ll have to ensure that your business account is set up for incoming payments. There are also several methods your customers could potentially pay: credit card, online payment, check, etc. Making it easy on your customers to pay you can not only serve as a quality services to your customers, but also can help keep your accounts receivable balance down. **7. Establish sales tax procedures** Sales tax varies by state Knowing how you will collect, report and pay sales taxes on items sold before you start selling items will avoid headaches at tax time. **8. Determine your tax obligations** Your tax obligations will depend on how you set up your company. It is important to talk to a professional about which entity formation will work best for you and your business. Barrett's business attorneys can help you decide if a LLC, partnership, corporation, or other entity is right for you. **9. Calculate gross margins** Knowing your margins is important for controlling your budget and defining the amount of money available for payroll, marketing expenses, etc. **10. Constantly re-evaluate your methods** As you and your business grow it is important to review your methods and procedures to see if they continue to fit and meet your business needs. Whatever your business needs, Barrett is here to help you. From minimizing tax liability to setting up an employee handbook, we have someone who can help you and your company. Contact an attorney today for help with setting up your business to avoid trouble, stress, and expenses down the road. ####Contact an Attorney For additional information regarding how to start a, please contact one of the attorneys listed below: [John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce) [Jacqueline R. Caserio](https://www.barrettlaw.com/our-people/jacqueline-r-caserio) [Jacob A. Gattuso](https://www.barrettlaw.com/our-people/jacob-jake-a-gattuso) [Marcus A. Heminger](https://www.barrettlaw.com/our-people/marcus-a-heminger) [Thomas E. Ludwiski](https://www.barrettlaw.com/our-people/thomas-e-ludwiski) [Justin T. Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris) [Samuel J. Talarico Jr.](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr) # Summer Associate Program | Barrett McNagny LLP Source: https://www.barrettlaw.com/summer-associate-program #Summer Associate Program Barrett McNagny's summer associate program is a key component of the recruiting process of our firm and is our principal source for hiring first-year associates. The summer program spans a 10- to 12- week period beginning in May. The primary goals of our program are to give participants substantive, hands-on experience with our practice and an opportunity to work with the members of the firm. Our program is designed to provide our summer associates with as much of a "real life" experience as possible. They receive substantive projects for actual clients. Our summer associates get exposure to the court system; get to participate in depositions, transactions, and trials; research legal issues and draft documents; and have the opportunity to work with lawyers in a variety of practice areas. Each summer associate is provided an office, a computer, and a shared legal assistant. Since there is no formal rotation schedule, summer associates receive project assignments directly from attorneys practicing in all of Barrett McNagny's practice groups. In addition to regular feedback from individual assigning attorneys as projects are completed, summer associates receive feedback from an attorney who reviews the work to help them improve writing skills. Summer associates are also given an informal mid-summer evaluation and a formal evaluation at the end of the summer program. Barrett McNagny hosts a number of formal and informal social activities throughout the summer. These activities include some of our annual client entertainment activities and various associate social activities, as well as encouraging involvement with community service projects. These activities give summer associates the opportunity to explore artistic, cultural, and sporting events, as well as the many summer festivals that Fort Wayne offers, with our attorneys and clients. ###About Fort Wayne and Northeast Indiana [This is a link to the original iframe source: https://www.youtube.com/embed/wXAwShMJCsM](https://www.youtube.com/embed/wXAwShMJCsM) [Living in Northeast Indiana](https://neindiana.com/living-here/) - [Events, Fairs, and Festivals](https://neindiana.com/living-here/quality-of-life/events-fairs-and-festival/) - [Dining and Nightlife](https://neindiana.com/living-here/quality-of-life/dining-and-nightlife/) - [Sports](https://neindiana.com/living-here/quality-of-life/sports/) - [Arts and Culture](https://neindiana.com/living-here/quality-of-life/arts-and-culture/) # Terms of Use | Barrett McNagny LLP Source: https://www.barrettlaw.com/terms-of-use #Terms of Use **BARRETT McNAGNY LLP** **WEBSITE TERMS AND CONDITIONS OF USE** Last Modified: May 22, 2020 Welcome to our website. 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Other images on the website have been utilized by third party provider offering royalty-free images, # The Appeals Process in Indiana | Barrett McNagny LLP Source: https://www.barrettlaw.com/appeals-process-indiana #The Appeals Process in Indiana The Indiana Constitution gives parties the right to an appeal. However, while parties always have the right to at least one appeal in every case, that right must be exercised within the bounds of Indiana’s court rules regarding appeals and the relevant statutes. Knowing how and when to appeal an order or decision is critical to the overall result of your case. When it comes to appeals in Indiana state court proceedings, there are three general types of orders. Final orders, which are immediately appealable, interlocutory (or non-final) orders that are appealable as of right, and can be appealed immediately or at the end of a case, and interlocutory orders that can be appealed immediately only at the discretion of a trial court judge and the Court of Appeals (but can also be appealed at the end of a case). [![](https:///Data/Accounts/Files/1/22afd0d646a90185da180ff0f0b307de-Contact-Attorney.png)](https:///contact-us) ##What is a "Final Judgement"? A “final judgment” is an order or decision that resolves the entire case. A party can appeal such a judgment by filing a notice of appeal within 30 days of the judgment. The general steps for an appeal include: - Filing a notice of appeal - Paying the appellate filing fee - Obtaining a clerk’s record and transcript (if necessary) - Preparing and filing briefs with the Court of Appeals These briefs will be submitted to a panel of three judges on the Indiana Court of Appeals. These judges will review the briefs and related materials, and issue a written decision. The parties then have the option to seek either rehearing and ask the Court of Appeals to reconsider some or all of its opinion or to seek transfer to the Indiana Supreme Court. The statistical success rate on either a petition for rehearing or transfer is low, so it is important to make as strong an argument as possible in the initial set of briefings to the Court of Appeals. ##[Appealing Interlocutory or Non-Final Orders](https:///blog/appellate-law/appealing-interlocutory-or-non-final-orders) In certain circumstances, parties can appeal orders that do not resolve the entire case. Indiana [Appellate Rule 14(A)](https:///blog/appellate-law/appealing-interlocutory-or-non-final-orders) identifies nine types of orders that are appealable by right, with the most common being: - Orders for the payment of money - Orders for the sale or delivery of real property - Orders dealing with preliminary injunctions If a trial court issues an order or decision that falls within one of the nine categories, then a party can appeal the same way as it would a final judgment. If an order is not final and does not fall within one of the nine categories listed in [Rule 14(A)](https:///blog/appellate-law/appealing-interlocutory-or-non-final-orders), a party must take additional steps to proceed with an appeal. These include: - A party must file a motion with the trial court asking for an appeal. - If the trial court grants this motion, the party must then file a motion with the Court of Appeals seeking acceptance of the appeal. - If the Court of Appeals grants that motion, then - and only then – can the party file the notice of appeal and proceed with the briefing. [![](https:///Data/Accounts/Files/1/11f151d26e71b0bf1066584f811d34e7-Schedule-Appt-Button-small.png)](https:///contact-us) These steps certainly add time (and money) to the appeals process. Therefore, appeals that are not appealable by right are generally reserved for very important or potentially case-dispositive orders. For any appeal, the deadline to take the first step in the appellate process is usually thirty days from the date of the order. It is important to talk with your legal counsel and begin assessing whether to pursue an appeal as soon as possible after an adverse decision is received. The experienced appellate attorneys at Barrett McNagny’s have pursued numerous appeals, and are happy to collaborate with trial counsel to discuss and assess if an order should be appealed. If you have questions or are considering pursuing an appeal, [contact us today](https:///contact-us). # Transcript for Philip A. Wagler Video | Barrett McNagny LLP Source: https://www.barrettlaw.com/transcript-for-philip-a-wagler-video #Transcript for Philip A. Wagler Video **Philip A. Wagler:** I practice in a couple of different areas one is the estate planning and administration and the other is the general corporate and business section. I work with clients in a variety of different ways – whether it’s preparing their estate plan, or putting in place their power of attorney and other related documents for their lifetime needs. Also, estate administration once a loved one has passed helping and assisting with the administration of their assets and passing those on to the next generation. On the corporate side, I work with succession planning, helping business owners pass their interests on to their children or grandchildren and determining tax-efficient ways to do so and ways that work for their family planning. I also help entrepreneurs set up companies and get in place different agreements that will help them grow and focus on the efforts at hand to grow their business. The clients I work with are really varied. On the estate planning side I work with young couples who are just married and have their first children and are worried about guardianship should something happen to the two of them. To older couples that have significant assets and are concerned about how to pass those tax efficiently to the next generation. On the corporate side, I work with a variety of different business whether its older established companies or younger entrepreneurial individuals who are just starting their companies. My favorite thing about being a lawyer is when you’ve assisted a client through a process and you meet with them to either sign the documents – whether it’s an estate plan or you know the in incorporation or organization documents for their company or corporation – it’s fun to be able to be involved in that process to know that you’ve helped them move forward and achieve a goal that they had. # Transcript of Litigation Video | Barrett McNagny LLP Source: https://www.barrettlaw.com/transcript-of-litigation-video #Transcript of Litigation Video **Robert T. Keen, Partner & Litigator:** As a litigation attorney, I try to think of myself more as a trial attorney. What I do, I represent businesses and insurance companies when they are sued in various situations. And ultimately with the idea that the case can’t be resolved through settlement or dismissal that it will end up in a trial. **Patrick G. Murphy, Partner & Litigator:** A lot of times in life things don’t go in stages, in litigation, there is a beginning and an end. It might take a couple of years and throughout that litigation, there is ups and downs and different ways that it can go. But I like being involved at the beginning of litigation and carrying it through the end. And the big thing of course, for me, I enjoy helping clients. **Thomas M. Kimbrough, Partner & Litigator: **When somebody is looking to hire a litigator or somebody to handle a trial for them, I think the first thing that they want to look for is somebody who actually has the trial experience. You need to have somebody to that’s been through the wars, somebody that has been in the courtroom and actually has tried a lot of cases. And I think that with Barrett McNagny, with anyone of our trial attorneys, we have a proven track record of actually trying cases. Our practice as a law firm is that we have trial attorneys that actually try cases. I think that the experience of being in the courtroom is invaluable. # Trends in Industry Allen County: History | Barrett McNagny LLP Source: https://www.barrettlaw.com/history-trends-in-industry-allen-county #Trends in Industry Allen County: History [David Steiner](https://www.barrettlaw.com/our-people/david-r-steiner) authored and presented an article titled "Trends in Industry in Allen County" for the Quest Club of Fort Wayne. The excerpt below is the History portion of the article. [Click here for the entire paper. ](https://www.barrettlaw.com/Data/Accounts/Files/1/IndustryTrendsinAllenCounty.pdf) ###HISTORY OF INDUSTRY IN ALLEN COUNTY Fort Wayne, by its location at the confluence of rivers, was an early site of commerce, transportation and manufacturing. River transportation yielded to the Wabash & Erie Canal, which rather quickly succumbed to competition from the railroads. The New York, Chicago and Lake Erie Railway purchased the canal right-of-way through downtown Fort Wayne and was able to lay track straight through the heart of the city without razing a single building. This was part of the celebrated “Nickel Plate Road”.(2) John F. Bonsib’s excellent Quest Club paper on the influence of railroads on Fort Wayne observed that at one time in the mid-1800s Fort Wayne challenged Indianapolis and Chicago for predominance as the rail gateway to the west, ultimately losing out to Chicago.(3) Nevertheless, in the early 1880s, the Pennsylvania Railroad chose Fort Wayne as its sole location for the construction of rail cars because of its central geography and access to lumber from Michigan. The Pennsylvania Railroad Shops grew to employ 3,950 workers by 1913.(4) ![](https:///Data/Accounts/Files/1/9bb73665a8545211d49352ba119ede8b-train-19640_1280.jpg)Bonsib observed that the railroad shops spawned other businesses such as the Jenny Electric Company (later to become General Electric), which built lights for rail engines and cars, Bass Foundry for rail wheels, frames and other locomotive parts, and safety valve manufacturer, Kunkle Valve. The skills learned in the rail shops made Fort Wayne a tool and die center and also made possible the pump manufacturing businesses of S.F. Bowser, Tokheim, and Wayne Pump. He argued that the good transportation system from the many rail lines and workers with mechanical skills were material to International Harvester’s decision to locate in Fort Wayne in the early 1920s.(5) Arthur C. Richard’s Quest Club paper discussed Fort Wayne’s 20th century industrialists and their businesses.(6) In addition to some mentioned in Bonsib’s paper, Richard profiled Wayne Knitting Mills, founded by Theodore Thieme, as a major employer, manufacturing fine hosiery, until it was sold to Munsingwear in the 1920s. The large brick industrial buildings just behind Paula’s Restaurant north of West Main Street -- now home to Ward Corporation -- are the former home of the mills. Richard also recounts the genesis of the magnet wire industry, starting with Dudlo Manufacturing, founded in 1911 by enamel wire inventor George Jacobs, a former chemist at General Electric. In ten years, Dudlo became recognized as the world’s greatest complex for wire drawing and wire enameling, providing insulated wire to the booming automobile industry. For most of the 20th century, Fort Wayne was the world’s leading magnet wire producer, including such companies as Essex, Rea Magnet Wire, and Phelps Dodge, which succeeded to Dudlo’s business. The magnet wire business thrived as a supplier to the electric motors industry which in Fort Wayne was led by General Electric. Before International Harvester began building trucks in Fort Wayne, General Electric and its predecessor entities had been operating in the community for more than three decades. At its peak in the late 1940s, GE employed roughly 40% of the city’s workforce.(7) Last year, GE’s history and legacy in Fort Wayne was featured in a PBS Fort Wayne documentary called “Electric Legacy: The Story of General Electric,” which I would highly recommend if you have not seen it. It’s a wonderfully told tracing of the people, places, and events around the company’s origins in Fort Wayne, its heyday during World War II and the post-war economic boom, and its steady decline in jobs and ultimate closure in 2015, made poignant by the stories of former GE employees. The word “Industry” conjures images of manufacturing. But, of course, there is also a long history in Fort Wayne of education, health care, and services that have employed many more Allen County residents. I will touch on those further in discussing current and future trends. ![](https:///Data/Accounts/Files/1/df5896fab521b7abd7837137471cc172-DSC_3545-min.jpg)But let me mention the Lincoln National Life Insurance Company (now part of the Lincoln Financial Group), founded in Fort Wayne in 1905, and the first and only company in the world that is allowed to use Abraham Lincoln’s name and image, having received permission from Robert Todd Lincoln, the President’s last surviving son. Lincoln Life was a leading white-collar alternative to the dominant Fort Wayne manufacturing enterprises of the 20th century. In 1955, Lincoln Life employed approximately 1,300 men and women in Fort Wayne and was the ninth largest life insurance company in the country.(8) It continued to grow and diversify into a comprehensive financial services company. While the headquarters moved in 1999 to the Philadelphia area along with various business units, Lincoln Life continues to be one of the largest private employers in Fort Wayne. With that look back in time, how has Fort Wayne moved forward from the days when International Harvester, GE, Lincoln Life, and others provided such a large percentage of the jobs for so many area families? **End Notes:** (2) "[Wabash and Erie Canal](https://en.wikipedia.org/wiki/Wabash_and_Erie_Canal)", Wikipedia, viewed January 23, 2021 (3) “How Fort Wayne Effected Railroading and How Railroading Affected Fort Wayne”, Quest Club Paper of John F. Bonsib, February 16, 1979 (hereinafter, “Bonsib”). (4) Bonsib, (5) Bonsib. (6) “Fort Wayne’s Twentieth Century Industrialists (A History)”, Quest Club Paper of Arthur C. Richard, October 25, 1968. (7) [Fort Wayne Electric Works website](https://fortwayneelectricworks.com/about/). (8) “Lincoln Life at the Half Century”, Quest Club Paper of Walter O. Menge, January 21, 1955. # Trends in Industry in Allen County | Barrett McNagny LLP Source: https://www.barrettlaw.com/trends-in-industry-in-allen-county #Trends in Industry in Allen County [![](https:///Data/Accounts/Files/1/ba73b79c431abf22952c53d69b84501b-DavidSteinerName-min.jpg)](https://www.barrettlaw.com/our-people/david-r-steiner)[David Steiner](https://www.barrettlaw.com/our-people/david-r-steiner) authored and presented a paper titled "Trends in Industry in Allen County" for the Quest Club of Fort Wayne. The introduction to the paper is below, along with links to the [History of Industry in Allen County](https://www.barrettlaw.com/history-trends-in-industry-allen-county), C[urrent Industry in Allen County](https://www.barrettlaw.com/current-trends-in-industry-in-allen-county), and [Future Opportunities for Industry in Allen County](https://www.barrettlaw.com/future-trends-in-industry-in-allen-county). A complete .pdf of the article can be found by clicking the button below. [![](https:///Data/Accounts/Files/1/423ed55d78a448c183c84e74ae994a0f-ButtonforTrends.jpg)](https://www.barrettlaw.com/Data/Accounts/Files/1/IndustryTrendsinAllenCounty.pdf) **INTRODUCTION** It was the Fall of 1982, and I was entering my Freshmen year in college. I had grown up in Fort Wayne, and the community was plodding through an economic malaise reflective of national conditions in which the dominance of the United States in the world economy was being challenged, most notably, in the automotive industry. I remember my high school soccer coach’s insect-looking car, about half the size of any car I had ever been a passenger in or driven, with a funny rounded “hatchback” trunk. The curiosity was a 1970-something, first generation Honda Civic. He was the father of a growing young family, and I surmised it was all he could afford. Later, I came to realize he was an early adopter of less expensive and, frankly, better quality Japanese-made automobiles. Over my lifetime of car ownership, I have owned more Hondas than any other car brand, and at my peak of car ownership (with three driving-age sons) had four black Hondas in the driveway at one time. In 1982, my best friend from high school was joining me at the same college, and we looked forward to college life with excitement. But for him, particularly, there was concern about the cost of attending college. His father was a supervisor at the International Harvester assembly plant in Fort Wayne. At its peak, the plant employed 10,600 workers. But a national strike of Harvester began in November 1979 and ended 172 days later in April 1980. It had seriously hobbled the company. Production of the four-wheel drive Scout vehicle at the plant was terminated in October 1980. By March 1982, the company was struggling to avoid bankruptcy. Harvester announced that, without financial incentives from state and local governments, either the 60-year-old Fort Wayne plant or the 17-year-old Springfield, Ohio plant would be closed. My friend’s family knew his dad’s job hung in the balance. When Fort Wayne’s final bid of $41 million was rejected in favor of Springfield’s $28 million package, and the Fort Wayne plant closed in 1983,1 my friend’s father’s job was eliminated. I remember the sadness when he told us in the middle of the semester of that Freshman year that he would be withdrawing from school and heading home. That experience and similar losses multiplied by the thousands of Harvester families, and the collective trauma of the Harvester experience on the psyche of Fort Wayne, has had a profound impact on Allen County industry. “The City that Saved Itself” from the historic flood in the Spring of 1982 was struggling to save its local economy. GM’s August 1984 announcement to build a new truck plant in Allen County with employment of about 3,000 was a psychological shot in the arm. But the era of a handful of major manufacturing employers powering the local economy was over. This paper will look back briefly on the history of industry in Fort Wayne, move forward to the present, and then discuss where opportunities lie for economic growth in our community. I’ll refer to “Fort Wayne” frequently, not intending to slight the rest of Allen County. But please allow my reference to mean the “county” from the standpoint of the “Fort Wayne area.” At the outset, I must admit that the topic of identifying “trends” in industry in Allen County is daunting. I am grateful for the resources and input of Rachel Blakeman of the Purdue University Fort Wayne Community Research Institute, and Greater Fort Wayne and the Northeast Indiana Regional Partnership. I can only cover the topic lightly in this context, but these organizations are tremendous assets in helping the community build a stronger economy, and I commend them to those of you who want to dig further into the subject. [History of Industry Trends in Allen County](https://www.barrettlaw.com/history-trends-in-industry-allen-county) [Current Trends in Industry in Allen County](https://www.barrettlaw.com/current-trends-in-industry-in-allen-county) [Future Trends in Industry in Allen County](https://www.barrettlaw.com/future-trends-in-industry-in-allen-county) # Trends in Industry in Allen County: Current | Barrett McNagny LLP Source: https://www.barrettlaw.com/current-trends-in-industry-in-allen-county #Trends in Industry in Allen County: Current [David Steiner](https://www.barrettlaw.com/our-people/david-r-steiner) authored and presented an article titled "Trends in Industry in Allen County" for the Quest Club of Fort Wayne. The excerpt below is the Current Trends portion of the article. [Click here for the entire paper. ](https://www.barrettlaw.com/Data/Accounts/Files/1/IndustryTrendsinAllenCounty.pdf) ##CURRENT INDUSTRY TRENDS IN ALLEN COUNTY The hard lesson of a community being too reliant on a few large employers has motivated government, business, and community leaders to focus for many years since Harvester’s closing on diversifying our economy. In his 2011 Quest Paper on “100 years of the Fort Wayne Economy,” fellow Quester Mac Parker described Fort Wayne’s economy as moving through four “Acts.” Act 1 was the canal period, Act 2, the railroad period, and Act 3, the manufacturing period. Act 4 is “the knowledge-based economy,” which calls to mind high tech centers like Silicon Valley and Research Triangle in North Carolina, but also -- closer to home-Indianapolis, which has diversified into biosciences, pharmaceuticals, and as a sports and convention center. It’s a tall order for Allen County to move completely from its manufacturing base to a knowledge-based economy. But the Fort Wayne area has taken steps to lessen its dependence on manufacturing and grow in other areas, such as health care and education services, along with other service-related jobs. And, to a certain extent, “advanced manufacturing” -- requiring unique engineering and technology application -- is a combination of both.(9) It seems fair to say that Allen County is somewhere in the Act 3.5 stage. ![](https:///Data/Accounts/Files/1/853076acc2a55326eb6f4822f37e0ff9-Road-to-Million_flag-pkview-min.jpg)And, more generally, anyone who has lived in the Fort Wayne area from the difficult post-Harvester years to the present must admit we are in a much better place. Community leaders and promoters have been championing building a “nationally recognized economy.” The bold 2015 “Road to One Million” vision of the Northeast Indiana Regional Partnership -- a vision to grow the region’s population from 789,015 residents in 2015 to one million by 2031 -- earned northeast Indiana $42 million in Regional Cities grant money from the state. That award has been leveraged into more than $258 million “quality of life” projects designed to retain and attract a younger and more educated workforce.(10) The latest and most dramatic signal of the success of the community’s efforts came in early January of this year with the closing on funding for the $280 million Electric Works redevelopment of the former General Electric west campus. The significance of this accomplishment cannot be overstated. As ambitious as the Road to One Million was, it could only identify the redevelopment of the GE campus as a “vision project,” rather than a “near-term” or even “long-term” project. But with completion of the redevelopment targeted for mid-to-late 2022, it will have been accomplished in seven years. A central piece of the redevelopment is retaining the corporate headquarters of Do it Best Corporation in Allen County, with the likelihood of further job growth at its new location. Manufacturing continues to be a significant part of our local economy. According to Rachel Blakeman of the Community Research Institute, while total employment has decreased from 37,400 jobs in 1990 to 30,000 in 2019, manufacturing GDP has never been higher, meaning we are seeing much higher productivity per employee.(11) Vehicle manufacturing continues to be a significant sector, led by General Motors truck assembly plant, employing 4,200, BFGoodrich tire plant in Woodburn, employing 1,640, Dana light axle plant, employing over 800, and Brunswick Corporation’s pontoon boat plant, employing over 400. ![](https:///Data/Accounts/Files/1/896397b33dd93e805f182b3ba8da3d1b-Locations_PRMC_NightShot-min.jpg)However, the sector that has seen the most dramatic increase has been in healthcare and education, including hospitals and ancillary health services. From 1990 to 2019, that sector has seen an increase of nearly 21,000 jobs, to a total of more than 38,000 in Allen County.(12) That represents more than 20% of all of the employed persons in the county. Parkview Health System is the largest employer in the Fort Wayne area with a head count of 7,858. Lutheran Health Network follows as the second-largest employer at 4,768. Most indicative of this growth is the massive $550 million Parkview Regional Medical Center opened in 2012. Lutheran is also constructing a new smaller downtown hospital to replace the adjacent existing St. Joseph Hospital, at an investment of around $100 million, which is planned to open in early 2022. Another newer sector, logistics and e-commerce, has also seen significant growth. Employment leaders in this sector include Sweetwater Sound, which reported adding more than 400 new jobs in the past year, increasing its workforce to nearly 2,000 and having annual sales of more than $1 billion in 2020.(13) Sweetwater was fortunate to have completed and fully stocked its new 480,000-square-foot distribution center in February 2020, just prior to the COVID-19 lockdown, and was able to remain open as an “essential business” throughout. Customer demand soared as professional musicians, schools and churches beefed up their investments in recording and communication equipment during the pandemic.(14) Do it Best and Sirva (a global relocation and moving services provider), each employing between 400 and 500 in the county, are also considered part of this sector. Adding to this sector is the announcement in the Fall of 2020 of Amazon’s plans to construct a new $60 million, nearly 630,000-square-foot distribution facility near the Fort Wayne International Airport.(15) Greater Fort Wayne reports Amazon will have a total investment of $89 million and add 1,320 new jobs.(16) The financial activities sector, which would include banking and insurance, has lost about 18% of its jobs from 1990 to 2019, to a total of about 10,700. One factor contributing to that decline could be the move of Lincoln Life’s headquarters and related corporate divisions out of Fort Wayne in 1999, although it continues to be one of the county’s largest employers at 1,954 jobs. In addition, Medical Protective (founded in Fort Wayne, but now owned by Berkshire Hathaway) employs nearly 400, and Ash Brokerage and Brotherhood Mutual Insurance Company each employ over 500. The brick-and-mortar presence of these last two insurance businesses has grown dramatically in recent years. In 2016, the impressive Ash Skyline Plaza opened in the heart of Fort Wayne, including Indiana’s largest rooftop green space at approximately one acre.(17) Brotherhood, a leading insurer of churches and related ministries across the nation, will in the second quarter of 2021 be completing its third major expansion in the last decade or so, including 88,000 square feet of office, meeting and auditorium space at its campus near the Coldwater Road / I-69 interchange. The expansion will create enough additional space to increase the local workforce by 300 in the next few years.(18) On a personal note, my father, Paul, retired as President of Brotherhood in the mid-1990s, having devoted 30 years with the company and leading its growth and transition from its small one-story office on Vance Avenue to the company’s current campus location. A number of community, regional, and national banks have a presence in the Fort Wayne area, including Lake City Bank, First Merchants Bank, and Old National Bank. Most of them have offices in the downtown area in prominent locations. Late last month, Star Financial Bank, the only community bank with its headquarters in Fort Wayne, announced plans to open a new headquarters in the “Ashberry Project” at the corner of Main Street and Maiden Lane in downtown. The project includes a 7-story, 50,000-square-foot tower along Main Street that will house Star’s offices, and a 3-story, 30,000-square-foot mixed use building along Berry Street, which will be joined together by a 387-space public parking garage. The $43 million development will be the new home to over 220 Star employees.(19) Military and defense-related employers still continue to have a significant presence in the Fort Wayne area. The largest of these includes BAE Systems, employing 833, and L3 Harris Technologies, Raytheon, and General Dynamics, employing approximately 1,400 among them. The Indiana Air National Guard 122nd Fighter Wing also employs an additional 650 people. Apart from the increasing diversity of employment in Allen County, we are fortunate to have many of the large leading employers headquartered here. Certainly, Parkview Health, by its sheer size is the dominant example. I’ve mentioned already Sweetwater Sound, Brotherhood Mutual, Ash Brokerage, Med Pro, Do it Best, and Star Financial Bank. ![](https:///Data/Accounts/Files/1/73c49281d0b450069ef0d3e13deec7ac-vera-4663323_1920-min.jpg)Another is Vera Bradley, founded in Fort Wayne in 1982 by Barbara Baekgaard and Pat Miller, which is known world-wide for its signature colorful quilted handbags, luggage, and accessories. For many years, my wife, Beth, sported a stylish Vera diaper bag and duffle stuffed with toys, books, and blankets for our baby boys. Vera Bradley employees 600, and its headquarters -- emblazoned with the company name -- greets travelers heading north on I-69 into the Fort Wayne area. A few other examples are Franklin Electric, Fort Wayne Metals, and Steel Dynamics. Best known for manufacturing submersible pumps, Franklin Electric in 2013 opened its new world headquarters and engineering center near Fort Wayne International Airport. The company was founded by two Fort Wayne businessmen in 1944 in Bluffton, Indiana. The company took its name in honor of Benjamin Franklin, considered by the company founders as the country’s first electrical engineer. Its first product was a backpack generator to power radio equipment for U.S. military in World War II. Incorporated in 1970, Fort Wayne Metals Research Products Corp. has become a world-class leader in the manufacturing of medical wire. The company has grown a campus of buildings near the Fort Wayne International Airport and employs over 1,000 people. Started in 1993, Steel Dynamics was the idea of small group of former Nucor steel managers who decided to strike out on their own to create a steel company, designed to use electric arc furnaces to melt recycled steel to create new steel products. In 2007, SDI acquired another local company, OmniSource Corporation, to integrate OmniSource’s scrap metals business into its steelmaking supply chain. SDI’s corporate headquarters are located in the former Midwestern United Life Insurance Company building on West Jefferson. My firm has had the privilege of representing SDI since its earliest days. I was an associate in the law firm in the early 1990s when it was mentioned that one of our senior lawyers was advising a client on a “Project X” new business venture that was being kept very confidential. A package of very important documents related to the venture’s financing needed to be signed by our client and delivered to New York all in the same day. Complicating matters was that our client’s location was temporary office space on the north side of Indianapolis. My job was to drive the package to Indianapolis, get our client’s signature, seal up the package, drive to the Indianapolis airport and deliver the package to the airline ticket counter where it would be loaded on a plane bound for New York that afternoon. Law school had not prepared me for this! But I carefully drove the package, met our client, obtained the signatures, and successfully delivered the package to the airline. The package made it to New York later that day, and the rest is history. Today, SDI employs nearly 900 in Allen County and is one of the country’s largest domestic steel producers. It had $9.6 billion in net sales in 2020. Not only is SDI a successful steel company, Fortune Magazine recently named SDI one of the 2021 World’s Most Admired Companies and No. 1 with the metals industry. Certainly a point of pride for all of us that a Fort Wayne company is acknowledged worldwide for doing business the right way.(20) There are many other examples of admired and well-run Allen County businesses, and this is only the most recent and notable. But recognition like that raises the visibility of the Fort Wayne area to the world in a positive way and can only help with talent attraction. So what are the trends in Allen County industry? What economic opportunities are on the horizon for our community? Let’s first look at some of the challenges. **End Notes:** (9) “100 Years of the Fort Wayne Economy”, Quest Club Paper of Mac Parker, December 2, 2011. (10) “Better Together”, John Sampson, from “The Future”, Fort Wayne Monthly, January 2021, accessed at [The Design Hornet](https://http://thedesignhornet.com/books/iili). (11) Phone interview with Rachel Blakeman, January 11, 2021 (hereinafter, “Blakeman phone interview”). (12) Blakeman phone interview. (13) “Sweetwater has big year”, Sherry Slater, The Journal Gazette, January 28, 2021. (14) Ibid. (15) “Amazon to build new Fort Wayne warehouse”, Wane.com, posted October 26, 2020. (16) “Allen County stands tall, continues growth in 2020”, [Greater Fort Wayne Inc.](https://www.greaterfortwayneinc.com/), posted January 4, 2020. (17) [“The Building that Brings Us Together”](https://www.ashbrokerage.com/meet-ash/skyline-plaza), searched February 7, 2021. (18 )“Brotherhood Mutual to expand, add 100 jobs”, Sherry Slater, The Journal Gazette, June 8, 2019. (19) “STAR Bank Announces New HQ in Downtown Fort Wayne”, Wes Mills, Inside Indiana Business, [Inside Indiana Business](https://www.insideindianabusiness.com/), posted January 27, 2021. (20) “[Steel Dynamics Named One of World’s Most Admired Companies by Fortune](https://www.prnewswire.com/news-releases/steel-dynamics-named-one-of-worlds-most-admired-companies-by-fortune-301219175.html)” Press Release. Posted February 1, 2021. # Trends in Industry in Allen County: Future Opportunities | Barrett McNagny LLP Source: https://www.barrettlaw.com/future-trends-in-industry-in-allen-county #Trends in Industry in Allen County: Future Opportunities [David Steiner](https://www.barrettlaw.com/our-people/david-r-steiner) authored and presented an article titled "Trends in Industry in Allen County" for the Quest Club of Fort Wayne. The excerpt below is the Future Opportunities portion of the article. [Click here for the entire paper. ](https://www.barrettlaw.com/Data/Accounts/Files/1/IndustryTrendsinAllenCounty.pdf) ###Future Opportunities for Industry in Allen County The primary challenge is workforce development. Related to this is the need for educational opportunities that provide the skilled workforce this community needs now to grow economically. In the area of health care, the University of Saint Francis, Huntington University, Manchester University, and Trine University have all expanded their health sciences programs, including graduate programs to meet the demand for more skilled health care workers. Physician assistant, occupational therapy, physical therapy, pharmacy, and nurse anesthesia are some examples. Recently, former State Senate President Pro Tem David Long wrote an opinion piece in the Journal Gazette on behalf of Purdue University Fort Wayne in support of a relatively modest $2 million state annual appropriation for three years in support of specific academic programs in (1) materials, biomaterials, and bioengineering; (2) data science, applied statistics, and computer information systems; and (3) strategic and risk management, financial services, and financial information services. Employers in Allen County and northeast Indiana need workers educated in these backgrounds for the 21st century job opportunities they have. Our economic growth will stall without them. As former Senator Long puts it, “Homegrown talent is the key to a strong and thriving northeast Indiana economy. Invest in it, and the future is bright. Clearly a failure to do so now cannot be an option.” (21) Other efforts to reverse the brain drain include the Greater Fort Wayne Fellows program launched in 2015, which matches college students with Allen County employers for 12-week project-based paid summer internships. Although interrupted by the pandemic, early results of the program showed it was working. While only about 25 percent of Fellows participants are from Allen County, roughly 50 percent of the program alumni are now living and working here.(22) Another significant challenge is the lag in personal income levels in Allen County. In 2019, the per capita personal income (“PCPI”) was $47,602. PCPI includes wages, retirement income, government assistance, and investment income, so it is a more complete measure of how much money is flowing through the consumer economy. This compares to $48,678 (97.8%) in Indiana and $56,490 (84.3%) in the United States. In addition, while PCPI has been growing in Allen County, up about 11.9% from 2015 to 2019, that growth has trailed Indiana’s (14.1%) and the nation’s (15.2%) average growth over the same period. These statistics have motivated the Northeast Indiana Regional Partnership to set a goal of raising the region’s PCPI to 90% of the national PCPI by the year 2030. Raising to 90% as opposed to 100% or more is part a reflection of the lower cost of living in the region as compared to the rest of the country and part realism. President and CEO of the Partnership, John Sampson reminded that there has been growth, which means increased prosperity in the region over time, but acknowledged we need to redouble efforts to narrow the growth gap and continue “to focus on attracting and retaining companies offering high-wage, high-skilled jobs”.(23) The pandemic has also brought into clear focus the need for reliable and affordable high-speed broadband. It has accelerated online behavior into the major medium for conducting business, and delivering products, information resources, and educational services. The “Road to One Million” identified regional broadband as a vision project that requires focus. Broadband access is a baseline for quality of life. The State of Indiana has established an Indiana Broadband Office and designated $100 million in grant money to expand broadband access to unserved and underserved areas in the state.(24) While this grant funding isn’t necessarily targeted to beef up broadband access in urban areas like Fort Wayne, it does indicate its importance to every Hoosier. As it becomes apparent that more jobs in the global economy can be done remotely, better broadband could make the county more attractive to those who are not geographically bound and can pick where they live to do their work. Without question, the racial injustice protests of 2020 have shown that our community has a ways to go on racial equity. It has become more clear that an important ingredient for a thriving productive community requires diversity and inclusion. We need to be striving for the inclusion and advancement of all portions of our community. To that end, Fort Wayne United has introduced the United Front Initiative. Since its launch in September 2020, 150 businesses/organizations and over 5,500 individuals have joined the comprehensive cultural competency program that fosters racial equity, healing, and unity.(25) ![](https:///Data/Accounts/Files/1/e256a3be56e904dd9eb0f81e99ea41c2-DSC_3590-min.jpg)Here are some positive trends. From 1990 to 2016, Allen County has lost about 21,000 more residents who have moved away than have moved in. But for the years 2017 to 2019, the trend has reversed by net in-migration of 2,257 people, with 1,492 of those residents coming in 2019. In addition, the county’s population grew by 4,137 in 2019, making Allen County the third-fastest-growing metro area in the Great Lakes region.(26) People are taking notice and are voting with their feet. We are headed in the right direction! Like Northeast Indiana Regional Partnership on the regional level, Greater Fort Wayne has done an outstanding job of championing, promoting, and facilitating the growth of industry in Fort Wayne and Allen County. I have to compliment the world-class production value of GFW’s marketing and informational pieces. And they know how to throw great annual meetings to celebrate the community’s successes. The October 2020 annual meeting was fittingly attendance-limited, but appropriately “rah-rah” at the Fort Wayne Aero Center -- with airplane hangar doors open on a brisk autumn evening. GFW effectively and compellingly tells the story of our community -- what makes us unique and attractive for business, and, more broadly, for making a life here. The pitch is as much about our “quality of place” as it is about X number of jobs and Y dollars of investment by these Z companies. ![](https:///Data/Accounts/Files/1/9ff47b797341580ce85f7843fc18b2da-parkviewfield-min.jpg)Speaking of quality of place, let’s talk about Parkview Field, Promenade Park Riverfront Fort Wayne, The Landing, The Bradley Hotel, and the Arts Campus Fort Wayne. As a community, we’ve got a lot to work with. Despite the pandemic, we have kept the success going. The Electric Works project is just the latest in a growing list of investments being made in our economy. I’ve mentioned some others earlier in this paper. When it comes to promoting industry, Greater Fort Wayne has specifically targeted the following: specialty insurance, medical devices and technology, vehicles, design and craftsmanship, food and beverage, advanced materials, logistics and e-commerce, and military and defense.(27) In each of these industries, there is significant history of innovation, productivity, and competitive advantage. Existing companies in these targeted areas have successfully adapted and grown in a changing national and global economy. At the base of their success is a quality workforce. Many of these targets, as I’ve mentioned earlier in my paper, have one or more companies headquartered in Fort Wayne. That means the CEOs are here in Allen County. These business leaders tend to be invested not only in the success of their company, but also in the community as a whole. They care about the “quality of place” because they live here too, they have children in the schools, and they want to be a part of making where they live better for their families. ![](https:///Data/Accounts/Files/1/5dd5d6db5ff1ae0c5aa73d8bb95f91cd-DSC_3672-min.jpg)The answer to how to grow industry in Allen County is more complicated than, “If you build it, they will come.” But having a fourth consecutive year of more than $1 billion in building permits issued by Allen County means companies are putting money where they believe there will be a return on investment. New construction and redevelopment improves our community’s physical appearance and shows the rest of the state and the country that we are growing and we believe in our future. Apropos of my topic, the January 2021 issue of Fort Wayne Monthly magazine contains a series of articles written by a variety of “innovative thought leaders” on different aspects of the “future” of Fort Wayne.(28) Many pose questions or project aspirations of what the future should be for our community. One contributor, former Fort Wayne Mayor Graham Richard, asks “How do we leverage the central location, and almost disaster-free location of Northeast Indiana for attracting national and regional logistics, distribution and transportation companies?” Jamie Elder, Principal at Forty53 Advisors, writes similarly that being a four-hour drive from a quarter of the nation’s population is an inherent advantage over other comparable cities. Ellen Cutter, Vice President with Greater Fort Wayne, observes that community and economic development should benefit everyone, and economic development is about providing opportunities for each and every person to build wealth for themselves and their families. John Sampson counsels against fearing that the increase in population envisioned in the Road to One Million will change our historic values and instead to see our values as what attracts people to our region. Dave Arnold, Managing Director at Great Lakes Capital, advises that, in the process of investing public resources, we should not try to do every project, but stay true to our current strategy of being targeted in our choices. Brenda Gerber Vincent, also a Vice President with Greater Fort Wayne, reminds us that we have the potential to attract people from all over the world while retaining our best and brightest in Fort Wayne, but only if we purposefully value the thoughts, ideas, and perspective of all. Mike McGlothlin, Executive Vice President at Ash Brokerage, notes the opportunity to increase our presence in education with several area universities, to grow the intellectual capabilities here for the financial services industry, and to encourage critical thinking, curiosity, and creativity in developing tools that will help consumers make better choices about their financial future. TK Herman, President of Aptera, believes that cities like ours are becoming more attractive for their standard of living, including a low cost of living, fast internet, and a family-friendly culture. He’s happy to see another software company, Rural Sourcing, opening a regional office in downtown, and finds it remarkable that a city our size has two 100+ person custom software development companies. He sees it as putting Fort Wayne on the map as a hub for technology talent. Karl Lapan, President of the Northeast Indiana Innovation Center, remarks that the Fort Wayne area has significant strategic advantages for today’s innovative companies with its best-in-class manufacturing, centralized location, transportation network, dynamic entrepreneurial support system, excellent business climate, and access to talent. Ryan Twiss, Northeast Indiana Regional Partnership’s Vice President of Talent Initiatives, focuses his comments on the Partnership’s goal of 60% of the workforce achieving credential attainment and the need to emphasize support for our advanced industries which offer higher-quality and higher-paying jobs, perhaps at the expense of industries with high numbers of lower-quality jobs. Andrew Hoffman, Executive Director of Neighborlink, and Kate Virag, Vice President of Marketing at Northeast Indiana Regional Partnership, emphasize the need for positive communication. They say that when we speak positively and proudly about our community, others do the same. These are just a few samples from some of the authors of this wide-ranging article, and I would recommend it to all of you. ###Conclusion So to conclude, Allen County has a storied history of enterprise, invention, and innovation. I have only been able to touch on some of the more prominent industries and companies in our history. There are many more successful companies, small and large, that demonstrate further that we are makers and doers, and we value community and family. We have an impulse to want better for ourselves and for the next generation. As we have traveled through, and begin to emerge from, the COVID-19 pandemic, we can be grateful that as awful as it has been for so many, Fort Wayne industry has shown resiliency. That’s a reflection of the basic positive spirit of this community that has threaded through the toughest of economic times, like the 1983 Harvester closing. The collective, sustained public and private efforts to maximize our strengths, confront our weaknesses, and cast vision for a better tomorrow are encouraging. The positive momentum we have experienced has been slowed in the past year, but the current is still moving forward and will pick up the pace this year. The future of industry in Allen County is brighter than it has ever been in my lifetime. We’ve come long way since 1983. I am more hopeful than ever that the trends will lead to greater retention and attraction of younger and higher-skilled workers and increasing prosperity for all. **End Notes:** (21) “Prudent investment”, David C. Long, Journal Gazette, February 6, 2021. (22) “[Reversing brain drain: How fellowships are changing talent trends in Allen County](https://www.inputfortwayne.com/features/fellowships-gfw.aspx)", Dan Watson, posted August 15, 2018 (23) “Northeast Indiana regional per capita income grew in 2019; still lags behind state, national levels”, Greater Fort Wayne Business Weekly, November 27, 2020. (24) “[Next Level Connections Grant Program](https://www.in.gov/ocra/nlc/)”, viewed February 6, 2021. (25)”[Fort Wayne United Announces United Front Schedule and Curriculum](https://www.cityoffortwayne.org/uncategorized/4745-fort-wayne-united-announces-united-front-schedule-and-curriculum.html)”, posted January 26, 2021. (26) “[Allen County stands tall, continues growth in 2020](https://www.greaterfortwayneinc.com/allen-county-stands-tall-continues-growth-in-2020/#:~:text=FORT%20WAYNE%2C%20Ind.,for%20attracting%20and%20retaining%20talent.)”, posted January 4, 2021. (27) “Choose Greater Fort Wayne, Indiana – Community & Economic Development Profile”, accessed January 23, 2021. (28) “[The Future](https://http://thedesignhornet.com/books/iili/#p=1)”, Fort Wayne Monthly, January 2021 # Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) [![](https:///Cache/5cd6be44ea360c9aae27fb7df19b61ef-482-Width-1-0-CenterCenter.jpg)](https:///our-people/benjamin-n-bailey) [Bailey, Benjamin N.](https:///our-people/benjamin-n-bailey) PH: [260.423.8855](https://tel:+12604238855) Email: [bnb@barrettlaw.com](https://mailto:bnb@barrettlaw.com) [![](https:///Cache/b8364a4acac7d8b5803ad065c7efae47-482-Width-1-0-CenterCenter.jpg)](https:///our-people/mark-h-bains) [Bains, Mark H.](https:///our-people/mark-h-bains) PH: [260.423.8902](https://tel:+12604238902) Email: [mhb@barrettlaw.com](https://mailto:mhb@barrettlaw.com) [![](https:///Cache/6953a4d0392c6e39e4ef0711838d7bfd-482-Width-1-0-CenterCenter.jpg)](https:///our-people/john-c-barce) [Barce, John C.](https:///our-people/john-c-barce) PH: [260.423.8889](https://tel:+12604238889) Email: [jcb@barrettlaw.com](https://mailto:jcb@barrettlaw.com) [![](https:///Cache/63b254b875ba637560f368d85d6cf2c3-482-Width-1-0-CenterCenter.jpg)](https:///our-people/david-p-bender) [Bender, David P.](https:///our-people/david-p-bender) PH: [260.423.8825](https://tel:+12604238825) Email: [dpb@barrettlaw.com](https://mailto:dpb@barrettlaw.com) [![](https:///Cache/12df2cb6638ffe6d8a6527c057f649f3-482-Width-1-0-CenterCenter.jpg)](https:///our-people/h-joseph-cohen) [Cohen, H. 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Please try another search. Loading... # Our Fort Wayne Attorneys Source: https://www.barrettlaw.com/our-people?Letter=B # Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. 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Joseph](https:///our-people/h-joseph-cohen) PH: [260.423.8861](https://tel:+12604238861) Email: [hjc@barrettlaw.com](https://mailto:hjc@barrettlaw.com) [![](https:///Cache/ce4a62949d22898d4f81c0ede317f97b-482-Width-1-0-CenterCenter.jpg)](https:///our-people/kevin-k-fitzharris) [Fitzharris, Kevin K.](https:///our-people/kevin-k-fitzharris) PH: [260.423.8874](https://tel:+12604238874) Email: [kkf@barrettlaw.com](https://mailto:kkf@barrettlaw.com) [![](https:///Cache/5fee217449323c1ec52363572f1d71a1-482-Width-1-0-CenterCenter.jpg)](https:///our-people/benjamin-d-ice) [Ice, Benjamin D.](https:///our-people/benjamin-d-ice) PH: [260.423.8822](https://tel:+12604238822) Email: [bdi@barrettlaw.com](https://mailto:bdi@barrettlaw.com) [![](https:///Cache/335d796454ba17c7d055d438bc5fca43-482-Width-1-0-CenterCenter.jpg)](https:///our-people/robert-t-keen-jr) [Keen Jr., Robert T.](https:///our-people/robert-t-keen-jr) PH: [260.423.8903](https://tel:+12604238903) Email: [rtk@barrettlaw.com](https://mailto:rtk@barrettlaw.com) [![](https:///Cache/6d83e7656bda53befb0042893ec940ed-482-Width-1-0-CenterCenter.jpg)](https:///our-people/thomas-m-kimbrough) [Kimbrough, Thomas M.](https:///our-people/thomas-m-kimbrough) PH: [260.423.8865](https://tel:+12604238865) Email: [tmk@barrettlaw.com](https://mailto:tmk@barrettlaw.com) [![](https:///Cache/f187ebf0aa46919d5ec5e220879ab8e4-482-Width-1-0-CenterCenter.jpg)](https:///our-people/michael-h-michmerhuizen) [Michmerhuizen, Michael H.](https:///our-people/michael-h-michmerhuizen) PH: [260.423.8820](https://tel:+12604238820) Email: [mhm@barrettlaw.com](https://mailto:mhm@barrettlaw.com) [![](https:///Cache/3ee49a05dc1f4289ed8deb4f29551e14-482-Width-1-0-CenterCenter.jpg)](https:///our-people/patrick-g-murphy) [Murphy, Patrick G.](https:///our-people/patrick-g-murphy) PH: [260.423.8971](https://tel:+12604238971) Email: [pat@barrettlaw.com](https://mailto:pat@barrettlaw.com) [![](https:///Cache/5bc6229a846228d7129fa9e7df2890fd-482-Width-1-0-CenterCenter.jpg)](https:///our-people/james-j-oconnor) [O'Connor, James J.](https:///our-people/james-j-oconnor) PH: [260.423.8868](https://tel:+12604238868) Email: [jjo@barrettlaw.com](https://mailto:jjo@barrettlaw.com) [![](https:///Cache/3a124fe5912682bc9673ccd4dbc25593-482-Width-1-0-CenterCenter.jpg)](https:///our-people/caleb-w-peery) [Peery, Caleb W.](https:///our-people/caleb-w-peery) PH: [260.423.8882](https://tel:+12604238882) Email: [cwp@barrettlaw.com](https://mailto:cwp@barrettlaw.com) [![](https:///Cache/8782ff5fe8a64ec3da2d2a6226b4ad2c-482-Width-1-0-CenterCenter.jpg)](https:///our-people/david-c-pricer) [Pricer, David C.](https:///our-people/david-c-pricer) PH: [260.423.8866](https://tel:+12604238866) Email: [dcp@barrettlaw.com](https://mailto:dcp@barrettlaw.com) [![](https:///Cache/1b6ff1c0b13f6d03ed859e8a8958ccba-482-Width-1-0-CenterCenter.jpg)](https:///our-people/william-a-ramsey) [Ramsey, William A.](https:///our-people/william-a-ramsey) PH: [260.423.8824](https://tel:+12604238824) Email: [war@barrettlaw.com](https://mailto:war@barrettlaw.com) [![](https:///Cache/57128821aa7cc8187544e1dc5566c470-482-Width-1-0-CenterCenter.jpg)](https:///our-people/carta-h-robison) [Robison, Carta H.](https:///our-people/carta-h-robison) PH: [260.423.8910](https://tel:+12604238910) Email: [chr@barrettlaw.com](https://mailto:chr@barrettlaw.com) [![](https:///Cache/853ce37b198c2a43b01b283f07621794-482-Width-1-0-CenterCenter.jpg)](https:///our-people/sarah-l-schreiber) [Schreiber, Sarah L.](https:///our-people/sarah-l-schreiber) PH: [260.423.8844](https://tel:+12604238844) Email: [sls@barrettlaw.com](https://mailto:sls@barrettlaw.com) [![](https:///Cache/f25f94a7a32a40918755dcece10865bb-482-Width-1-0-CenterCenter.jpg)](https:///our-people/cathleen-m-shrader) [Shrader, Cathleen M.](https:///our-people/cathleen-m-shrader) PH: [260.423.8921](https://tel:+12604238921) Email: [cms@barrettlaw.com](https://mailto:cms@barrettlaw.com) [![](https:///Cache/443f686ee488c06c9843b1372d5365a7-482-Width-1-0-CenterCenter.jpg)](https:///our-people/anthony-m-stites) [Stites, Anthony M.](https:///our-people/anthony-m-stites) PH: [260.423.8860](https://tel:+12604238860) Email: [ams@barrettlaw.com](https://mailto:ams@barrettlaw.com) Loading... # Our Fort Wayne Attorneys Source: https://www.barrettlaw.com/our-people?PracticeAreaID=33 # Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. 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Joseph](https:///our-people/h-joseph-cohen) PH: [260.423.8861](https://tel:+12604238861) Email: [hjc@barrettlaw.com](https://mailto:hjc@barrettlaw.com) [![](https:///Cache/6d83e7656bda53befb0042893ec940ed-482-Width-1-0-CenterCenter.jpg)](https:///our-people/thomas-m-kimbrough) [Kimbrough, Thomas M.](https:///our-people/thomas-m-kimbrough) PH: [260.423.8865](https://tel:+12604238865) Email: [tmk@barrettlaw.com](https://mailto:tmk@barrettlaw.com) [![](https:///Cache/b4fd5c1f839acf92aeb42c5aee1078e2-482-Width-1-0-CenterCenter.jpg)](https:///our-people/stephanie-nuevo) [Nuevo, Stephanie](https:///our-people/stephanie-nuevo) PH: [260.423.8917](https://tel:+12604238917) Email: [sn@barrettlaw.com](https://mailto:sn@barrettlaw.com) [![](https:///Cache/5bc6229a846228d7129fa9e7df2890fd-482-Width-1-0-CenterCenter.jpg)](https:///our-people/james-j-oconnor) [O'Connor, James J.](https:///our-people/james-j-oconnor) PH: [260.423.8868](https://tel:+12604238868) Email: [jjo@barrettlaw.com](https://mailto:jjo@barrettlaw.com) [![](https:///Cache/57128821aa7cc8187544e1dc5566c470-482-Width-1-0-CenterCenter.jpg)](https:///our-people/carta-h-robison) [Robison, Carta H.](https:///our-people/carta-h-robison) PH: [260.423.8910](https://tel:+12604238910) Email: [chr@barrettlaw.com](https://mailto:chr@barrettlaw.com) [![](https:///Cache/853ce37b198c2a43b01b283f07621794-482-Width-1-0-CenterCenter.jpg)](https:///our-people/sarah-l-schreiber) [Schreiber, Sarah L.](https:///our-people/sarah-l-schreiber) PH: [260.423.8844](https://tel:+12604238844) Email: [sls@barrettlaw.com](https://mailto:sls@barrettlaw.com) [![](https:///Cache/443f686ee488c06c9843b1372d5365a7-482-Width-1-0-CenterCenter.jpg)](https:///our-people/anthony-m-stites) [Stites, Anthony M.](https:///our-people/anthony-m-stites) PH: [260.423.8860](https://tel:+12604238860) Email: [ams@barrettlaw.com](https://mailto:ams@barrettlaw.com) Loading... # Our Fort Wayne Attorneys Source: https://www.barrettlaw.com/our-people?PracticeAreaID=20 # Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. 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Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) Worker's Compensation Law All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=25)Search Practice Areas [Back to Search](https:///our-people) [![](https:///Cache/5bc6229a846228d7129fa9e7df2890fd-482-Width-1-0-CenterCenter.jpg)](https:///our-people/james-j-oconnor) [O'Connor, James J.](https:///our-people/james-j-oconnor) PH: [260.423.8868](https://tel:+12604238868) Email: [jjo@barrettlaw.com](https://mailto:jjo@barrettlaw.com) Loading... # Alternative Dispute Resolution | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/alternative-dispute-resolution ## Practice Areas #Alternative Dispute Resolution Alternative Dispute Resolution (ADR) is a way to resolve disputes through alternative venues. Parties use alternative dispute resolution methods to resolve disputes outside of the courtroom. There are five forms of ADR adopted by the Indiana Supreme Court. 1. Summary Jury Trial 1. Mini-Trial 1. Private Judge 1. Arbitration 1. Mediation ##Our ADR Experience Barrett McNagny's attorneys have extensive experience in Alternative Dispute Resolution formats, with an emphasis on handling arbitrations, mediations, and mini-trials. Mediation is one of the most popular forms of ADR and uses a third-party, "mediator", to facilitate negotiating a settlement or resolution to a dispute. [![](https:///Data/Accounts/Files/1/20c35a7a2e0af5d1472789e59b4f6dba-ContactAttorneyButton.png)](https:///contact-us) Our mediating attorneys have decades of experience in matters involving claims by heirs against estates, employment-related issues, disputes between companies and individuals, shareholder battles, construction project claims, and personal injury/wrongful death cases, among others. ##Our Building ![](https:///Data/Accounts/Files/1/4665f23108dec7b55634595185d8aa6f-4X9A9816.jpg) ![](https:///Data/Accounts/Files/1/a800b6c4bd72f7d6d44e718eeb268f61-4X9A9768.jpg) ![](https:///Data/Accounts/Files/1/056b52c4141bac3db745c2d2473dd96c-4X9A9784.jpg) ![](https:///Data/Accounts/Files/1/5d45b822d30d254c339b7b532872d8f0-4X9A9792.jpg) Our historic building was built in 1895 and offers a variety of large and small conference rooms that are ideally suited for mediations or arbitrations of any size. Our office can comfortably accommodate matters involving up to 12 parties, and we have amenities including free Wi-Fi, parking, and refreshments. We have a total of 12 conference rooms and one large board room that can accommodate up to 24 individuals. Barrett McNagny is centrally located in downtown Fort Wayne, Indiana near the corner of Barr and East Berry streets. ##Travel Arrangements Our attorneys are also able to travel, if needed, for mediation. This includes travel in and around Fort Wayne and surrounding communities. We have also traveled to Elkhart, South Bend, Goshen, Merrillville, Marion, Muncie, and Anderson. We are also fully equipped to mediate cases via Zoom. ##Contact Our Team Contact a member of our Alternative Dispute Resolution team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/391bcb701d8803ce398a5742bf202679-KKF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) [![](https:///Data/Accounts/Files/1/ebfab1ecf9548f60acd2165ee4494105-JJO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/james-j-oconnor) [![](https:///Data/Accounts/Files/1/eaf4e500030b2e2fabca087e2b93e805-SLS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/sarah-l-schreiber) [![](https:///Data/Accounts/Files/1/026e5ef7ef644ca4c08aab35da998690-AMS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/anthony-m-stites) [](https://)[](https://) [](https://www.barrettlaw.com/our-people/anthony-m-stites) **Articles:** - [What is Alternative Dispute Resolution?](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution) - [Mediation: What is it and how does it work?](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work) - [What Happens Before Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) ####Contact an Attorney For additional information regarding Barrett McNagny's Alternative Dispute Resolution area of practice, please contact one of the attorneys listed below: [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)[James J. O'Connor](https:///our-people/james-j-oconnor)[Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)[Anthony M. Stites](https:///our-people/anthony-m-stites) ####Blog Visit the [Alternative Dispute Resolution](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution) portion of our blog to read more # Appellate Law, Appeals Lawyer | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/appellate-law ## Practice Areas #Appellate Law Litigation doesn't always end when the jury comes back. Regardless of the outcome at trial, for many cases, the next step is the federal or state appellate court. Appellate law is a unique practice that requires attorneys with the know-how to navigate the procedural hurdles involved in perfecting and pursuing an appeal. Barrett McNagny LLP brings a wealth of experience to all levels of appellate practice, both state and federal, and handles appeals that originate both in-house and from other attorneys and law firms. [![](https:///Data/Accounts/Files/1/30bb15e08ff3f3f69339c893ad52dde1-ContactAttorneyButton.png)](https:///contact-us) ##Time Waits for No One With all appeals, time is of the essence. Most avenues for civil appeal close after thirty days, and for some appeals, the time to act can be even shorter. We understand this time constraint and will work directly with the client and with trial counsel to discuss all appellate options, including the filing of necessary post-trial motions. ##Our Appellate Law Team The Appellate Practice Group consists of [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader) (chair), [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen), [David C. Pricer](https://www.barrettlaw.com/our-people/david-c-pricer), and [William A. Ramsey](https:///our-people/william-a-ramsey). Ms. Shrader is a past chair of the Appellate Section of the Indiana State Bar Association and all members of the team are frequent speakers on appellate matters. We have extensive experience in appellate oral argument before federal and state appellate courts, including the Indiana Supreme Court. ##Contact Our Team Contact a member of our Appellate law team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/47c0ba6759e4e17fb1b6a506866a9cf1-MHM2025Name-min.jpg)](https://www.barrettlaw.com/our-people/michael-h-michmerhuizen) [![](https:///Data/Accounts/Files/1/ade424af36e3c12ac75eb1b39e7b53f3-DCP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/david-c-pricer) [![](https:///Data/Accounts/Files/1/eb062412259ed3c67a0c2223a8a9191b-WAR2025Namemin.jpg)](https://www.barrettlaw.com/our-people/william-a-ramsey) [![](https:///Data/Accounts/Files/1/aa41b21340b079f76983b2f88e0483c0-CMS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/cathleen-m-shrader) [](https://) ####Contact an Attorney For additional information regarding Barrett McNagny's Appellate Law area of practice, please contact one of the attorneys listed below: [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)[David C. Pricer](https:///our-people/david-c-pricer)[William A. Ramsey](https:///our-people/william-a-ramsey)[Cathleen M. Shrader](https:///our-people/cathleen-m-shrader) ####Blog [Visit the Appellate Law blog](https://www.barrettlaw.com/blog/appellate-law) # Bankruptcy Law, Creditors' Rights Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/bankruptcy-and-creditors-rights-law ## Practice Areas #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. [![](https:///Data/Accounts/Files/1/d4f9df7fd52a235fba3be85d1603f0a7-ContactAttorneyButton.png)](https:///contact-us) ##Our Experience 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 - 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. 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. ##Our Process Barrett McNagny lawyers pride themselves on 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 can 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 & Employment Law - Consumer Finance ##Contact Our Team Contact a member of our team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/5b3cd521ce9385d5c1f853827f00ba9a-MPO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/michael-p-ohara) ####Contact an Attorney For additional information regarding Barrett McNagny's Bankruptcy and Creditors' Rights Law area of practice, please contact one of the attorneys listed below: [Michael P. O'Hara](https:///our-people/michael-p-ohara) ####Blog Visit the [Bankruptcy and Creditor's Rights Law](https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights) blog for information on legal changes. # Biotechnology Law, Biotech Patent Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/biotechnology-law ## Practice Areas #Biotechnology Law Barrett McNagny's Biotechnology Group advises clients in a variety of areas of the biotechnology, medical device, and health services industries. Our team understands the unique challenges businesses in the biotechnology and medical device field face. We have experience working with start-up businesses, companies that are growing and expanding, and organizations that are looking at the next steps for the future of their company. [![](https:///Data/Accounts/Files/1/3f3bd7d8d9ab98db980f59b9499ab092-ContactAttorneyButton.png)](https:///contact-us) ##Establishing and Forming New Businesses Our team has counseled entrepreneurs and business owners on the array of legal issues when forming a business in the biotech industry. We advise on entity selection, assist with the legalities of financing options, assist with organization management and corporate governance, provide insight into strategic partnering, and help guide owners and executives as they grow and expand their businesses. ##Protecting Intellectual Property We also have experience in [Intellectual Property Law](https://www.barrettlaw.com/practice-areas/intellectual-property-law) including patent, trademark, and copyright matters. Our patent attorneys work with clients to maintain their competitive edge in the biotechnology space by helping to obtain, protect, and enforce patents. We understand these patents are the backbone of those in the biotech field. Our Patent attorneys have extensive experience enforcing and licensing patents in the U.S. and internationally. Beyond assisting with patents, we also handle trademark and copyright matters, including prosecution and registration. Our team has also handled negotiating licensing rights and agreements. ##Regulatory and Compliance The biotechnology industry is heavily regulated at the federal level by the Food and Drug Administration, the Environmental Protection Agency, and the U.S. Department of Agriculture. Our attorneys have counseled clients through regulations that apply to the production, sale, and use of biotech products. ##Financing The lawyers within the Biotechnology Group have experience in handling financings for public and non-public offerings, [**mergers and acquisitions**](https://www.barrettlaw.com/practice-areas/mergers-and-acquisitions), leveraged buyouts, initial financing transactions, and venture capital investments. The lawyers of our Biotechnology Group can provide comprehensive coverage for the variety of legal services needed in the biotechnology, medical device, and health services industries. From concept to implementation and beyond, we offer services to fit client needs, both today and into the future. ##Contact Our Team Contact a member of our Biotechnology team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/a9d5a2cebff6825c3bef8dbbe497478f-JCB2025Name-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce) [![](https:///Data/Accounts/Files/1/87292e0a9a76c8a3ef97c339cf583a55-HJC2025Name-min.jpg)](https://www.barrettlaw.com/our-people/h-joseph-cohen) ####Contact an Attorney For additional information regarding Barrett McNagny's Biotechnology Law area of practice, please contact one of the attorneys listed below: [John C. Barce](https:///our-people/john-c-barce)[H. Joseph Cohen](https:///our-people/h-joseph-cohen) # Corporate Law, Business Law, Commercial law | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/business-law ## Practice Areas #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 ](https://www.barrettlaw.com/small-business-law)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 - 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. [![](https:///Data/Accounts/Files/1/f3cb337f28ca932049b6ec10fe21fc8b-ContactAttorneyButton.png)](https:///contact-us) We represent clients on a variety of matters, from the original establishment of the business enterprise through all aspects of its evolution and operation. ##[Forming Businesses and Emerging Business Planning](https:///forming-a-business-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 & Documentation of Distributor - Franchise - Sales Agreements & Programs - Equipment Sales - Purchase Agreements - Equipment Leases - Technology Licenses - 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](https://www.barrettlaw.com/practice-areas/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 ![](https:///Data/Accounts/Files/1/233f893974775f5679b0c450e43f47f7-MAHTJPSJTImageforWebsite-min.jpg)We counsel clients in many different industries on 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, 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 - 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. ##Contact Our Team Contact a member of our Corporate and Business Law team by clicking on their photo below.[![](https:///Data/Accounts/Files/1/df65862cad5aee715831f47771e1e9e3-JCB2025Name-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce) [![](https:///Data/Accounts/Files/1/e70daf9d2f48a7d8591e0b0511592bc1-REF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/richard-e-fox) [![](https:///Data/Accounts/Files/1/163a6663340bc3fc370ef583ee21603d-JMF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/john-m-frandsen) [![](https:///Data/Accounts/Files/1/fab204ba4fbc0703e241ac72013cfac9-MAH2025Name-min.jpg)](https://www.barrettlaw.com/our-people/marcus-a-heminger) [![](https:///Data/Accounts/Files/1/03dbd05e4a6b2ca74a25372012ab7e2c-TEL2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-e-ludwiski) [![](https:///Data/Accounts/Files/1/f4abae7033b490194947cd4ecfa7968e-JTM2025Name-min.jpg)](https://www.barrettlaw.com/our-people/justin-t-molitoris) [![](https:///Data/Accounts/Files/1/617236b98384fb7fc4f87eaee9d616d8-MPO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/michael-p-ohara) [![](https:///Data/Accounts/Files/1/823e372c3869b20ee09f1ca26af32721-LWO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/lewis-w-ostermeyer) [![](https:///Data/Accounts/Files/1/ac05e61a8e494045197b7223c7fdd7b7-DRS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/david-r-steiner) [![](https:///Data/Accounts/Files/1/ffc6e6be07fab569be4fe1dd40e883fc-SJT2025Name-min.jpg)](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr) [![](https:///Data/Accounts/Files/1/a7795b63f8bda105244251f041d9ddf1-STV2025Name-min.jpg)](https://www.barrettlaw.com/our-people/sabrina-t-victor) [![](https:///Data/Accounts/Files/1/c92b0fd45465331658465f93298667bc-PAW2025Name-min.jpg)](https://www.barrettlaw.com/our-people/philip-a-wagler) [![](https:///Data/Accounts/Files/1/b198cabcd08e82fa8e98a9c28c7a79f5-HMW2025Name-min.jpg)](https://www.barrettlaw.com/our-people/holly-m-weber) [![](https:///Data/Accounts/Files/1/767fb7ba6422d9fbb08bf1047a2a0ee9-JMW2025Name-min.jpg)](https://www.barrettlaw.com/our-people/jeffrey-m-woenker) *** Other Related Practice Areas: [Employee Benefits Law](https://www.barrettlaw.com/practice-areas/employee-benefits-law), [Labor Relations and Employment Law](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law), [Workers Compensation Law](https://www.barrettlaw.com/practice-areas/workers-compensation) ####Contact an Attorney For additional information regarding Barrett McNagny's Corporate and Business Law area of practice, please contact one of the attorneys listed below: [John C. Barce](https:///our-people/john-c-barce)[John M. Frandsen](https:///our-people/john-m-frandsen)[Marcus A. Heminger](https:///our-people/marcus-a-heminger)[Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)[Justin T. Molitoris](https:///our-people/justin-t-molitoris)[Michael P. O'Hara](https:///our-people/michael-p-ohara)[Lewis W. Ostermeyer](https:///our-people/lewis-w-ostermeyer)[David R. Steiner](https:///our-people/david-r-steiner)[Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)[Sabrina T. Victor](https:///our-people/sabrina-t-victor)[Philip A. Wagler](https:///our-people/philip-a-wagler)[Holly M. Weber](https:///our-people/holly-m-weber)[Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker) ####Blog [S Corp or LLC – Which is Right for My Business?](https://www.barrettlaw.com/blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business) [Business Startup Formation Checklist](https://www.barrettlaw.com/blog/business-and-corporate-law/business-startup-formation-checklist) [Ten Steps to Get Your Business Startup on Track](https://www.barrettlaw.com/blog/business-and-corporate-law/ten-steps-to-get-your-business-startup-on-track) [Visit the Business and Corporate Law Blog](https://www.barrettlaw.com/blog/business-and-corporate-law) # E-Commerce Transaction Law, Internet Attorney | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/e-commerce-transaction-law ## Practice Areas #E-Commerce Transaction Law ##What is E-Commerce Transaction Law? Electric Commerce (e-commerce) refers to the buying and selling of products and/or services online. Laws vary from country to country, and even from state to state. E-commerce laws can involve online contracts, privacy regulations, licensing, communications, and more. As more and more business, medical, and financial transactions are conducted online, Barrett McNagny's practice has evolved to provide the resources critical to counseling its clients through this dynamic world of electronic commerce. Whether in the context of buying, selling, and/or licensing of goods, services, or information over the internet or through networks or other new media, Barrett McNagny attorneys have the background and resources to lead its clients through this electronic environment. [![](https:///Data/Accounts/Files/1/e5d788aeafe8b456f7b61b7839b780b1-ContactAttorneyButton.png)](https:///contact-us) ##Areas of Emphasis Our Attorneys Engage In: - Electronic Contracting - Privacy and Content Regulation - Defamation and Factual Misstatements - Licensing - Regulatory Issues - Litigation - Electronic Communications Policies ##Contact Our Team Contact a member of our E-Commerce team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/1ac1cfc77fa63a0a0a1b21c28489811e-JTM2025Name-min.jpg)](https://www.barrettlaw.com/our-people/justin-t-molitoris) ####Contact an Attorney For additional information regarding Barrett McNagny's E-Commerce Transaction Law area of practice, please contact one of the attorneys listed below: ####Articles from the Blog [Avoiding Personal Liability in E-Commerce after Wayfair](https://www.barrettlaw.com/blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair) Visit the [Business Law blog. ](https://www.barrettlaw.com/blog/business-and-corporate-law) # Employee Benefits Law, Employment Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/employee-benefits-law ## Practice Areas #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 multinational corporations. We provide each client with the same high-quality, responsive, and cost-effective service. [![](https://www.barrettlaw.com/Data/Accounts/Files/1/99d7010b15a20d0d6f16c044645f02a7-ContactAttorneyButton.png)](https://www.barrettlaw.com/contact-us) ###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. ##Contact Our Team Contact a member of our Employee Benefits team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/57cc589dbca0ba3b287a72e97fd8dc8b-LWR2025Name-min.jpg)](https://www.barrettlaw.com/our-people/larry-w-rudawsky) Other Related Practice Areas: [Labor Relations and Employment Law](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law), [Workers Compensation Law](https://www.barrettlaw.com/practice-areas/workers-compensation), [Corporate and Business Law](https://www.barrettlaw.com/practice-areas/business-law) ####Contact an Attorney For additional information regarding Barrett McNagny's Employee Benefits Law area of practice, please contact one of the attorneys listed below: [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky) ####Blog Visit our [Employee Benefits blog](https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits) for the information on benefit programs. # Environmental Law, Environmental Issues | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/environmental-law ## Practice Areas #Environmental Law Barrett McNagny's Environmental Group is tailored to meet the needs of our business and individual clients — including litigation of multimillion-dollar CERCLA cost recovery, negotiation with the U.S. Environmental Protection Agency and state agencies, and site management of environmental issues. Our Environmental Group focuses on applying its in-depth experience to a wide range of environmental issues. [![](https:///Data/Accounts/Files/1/51502966e597cb701248d02b2298591e-ContactAttorneyButton.png)](https:///contact-us) ##Business Transactions and Land Use Our Environmental Group represents buyers, sellers, developers, and financial institutions in connection with transactions involving business and real estate sales, purchases, leases, joint ventures, mortgages, and financings. Our role in these transactions includes preparing and evaluating environmental audit information to identify any potential environmental liabilities and risks, quantifying any existing liabilities and risks, proposing action plans for addressing any liabilities, and documenting the risk allocation agreed to by the parties. We also represent landowners, developers, and manufacturers in developing, building, and expanding facilities. We provide counseling in permitting strategy, development of environmental impact analysis, and defense against challenges brought by private opponents. ##Regulatory and Compliance Counseling Our Environmental Group assists our clients' efforts to achieve and maintain environmental compliance. This role includes permitting air, water, and solid waste, and the development and implementation of audit and environmental compliance programs. ##Enforcement Representation We represent clients in cases concerning government-initiated cost recovery, contribution and clean-up allocation issues, and enforcement actions under the Comprehensive Environmental Response, Compensation and Liability Act, and other Federal and State environmental laws. Our attorneys help clients respond to government information requests, participate in joint steering committees of potentially responsible parties, and negotiate consent orders and agreements to resolve environmental claims. We also represent clients in private cost recovery and contribution actions brought under Federal and State environmental laws. Many times such cases involve environmental contamination caused by the presence of underground storage tanks or past uses of sites. ##Insurance Coverage Our Environmental Group represents clients in matters involving insurance recovery for reimbursement of environmental investigation and clean-up costs from insurance carriers through negotiation and, if necessary, litigation. We counsel clients on simultaneously seeking insurance coverage while working to resolve the underlying environmental claims. ##Contact our Team Contact a member of our Environmental Law team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/075c4513763262702df0c8219b7f15c0-REF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/richard-e-fox) [![](https:///Data/Accounts/Files/1/c31cb44d64551a6e09f0fb3220ccdba8-DRS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/david-r-steiner) ####Contact an Attorney For additional information regarding Barrett McNagny's Environmental Law area of practice, please contact one of the attorneys listed below: [Richard E. Fox](https:///our-people/richard-e-fox)[David R. Steiner](https:///our-people/david-r-steiner) # Estate Planning and Administration | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/estate-planning ## Practice Areas #Estate Planning and Administration The Estate Planning Group of Barrett McNagny offers clients comprehensive estate planning and administration services. Through personal attention and established relationships, our attorneys can provide clients with professional and efficient services enabling the client to accumulate wealth and plan for its orderly and tax-efficient transfer. The attorneys of the Estate Planning Group work closely with a client to determine the client's objectives and individual desires regarding the transfer of their assets and assist in implementing the best plans to realize those goals. To minimize the client's estate tax liability and transfer the client's accumulated wealth to beneficiaries the client has selected in a manner that the client desires, the Estate Planning Group uses sophisticated tax planning techniques. [![](https://www.barrettlaw.com/Data/Accounts/Files/1/e7e2422635c4e187551492173025e47d-Schedule-Appt-Button-small.png)](https://www.barrettlaw.com/contact-us) ##Our Estate Planning Experience Includes: - Estate taxes, death taxes, and gift taxes - Credit shelter trusts - Grantor retained annuity trusts - Irrevocable life insurance trusts - Qualified personal residence trusts - Family limited partnerships To achieve these objectives, our attorneys work closely with the client's professional advisors, financial consultants, accountants, and insurance providers. The Estate Planning Group also provides valuable services in the administration of decedents' estates. Our attorneys frequently assist individuals and entities in the administration of their duties as personal representatives or trustees, including providing advice regarding complex tax elections and preparing federal estate tax returns and fiduciary income tax. [![](https://www.barrettlaw.com/Data/Accounts/Files/1/f496378e4216898afee74e174f0e457d-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) ###Fiduciary Services The attorneys of the Estate Planning Group provide valuable advisory services to bank trust departments and trust companies regarding a trustee's fiduciary duties. These services include interpretation of complex trust agreements and legal opinions regarding the permitted distributions. ###Charitable Giving Charitable giving can be an immensely useful tool in the area of estate planning. The attorneys of the Estate Planning Group offer experience in the field of charitable giving and assist clients in fulfilling their charitable objectives through the use of a variety of techniques including charitable remainder trusts, charitable lead trusts, and private foundations. ##Contact Our Team Contact a member of our Estate Planning team by clicking on their picture below. The Estate Planning Group offers a variety of options for our clients to meet to discuss their estate plans, including in-office meetings, video conferencing via Zoom or Teams, and telephone conferences. [![](https:///Data/Accounts/Files/1/deb79f50e7e6823e8ebafcc090883611-JCB2025Name-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce) [![](https:///Data/Accounts/Files/1/76379a0a03bcf5542ad28f73cd69899b-BJD2025Name-min.jpg)](https://www.barrettlaw.com/our-people/brian-j-downey) [![](https:///Data/Accounts/Files/1/12c8bacdb2b977b809a81d803ebcff78-TJP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/trisha-j-paul) [![](https:///Data/Accounts/Files/1/06d6508efc3cfcf92ca76cc203bbed1f-PAW2025Name-min.jpg)](https://www.barrettlaw.com/our-people/philip-a-wagler) ####Contact an Attorney For additional information regarding Barrett McNagny's Estate Planning and Administration area of practice, please contact one of the attorneys listed below: [John C. Barce](https:///our-people/john-c-barce)[Brian J. Downey](https:///our-people/brian-j-downey)[Trisha J. Paul](https:///our-people/trisha-j-paul)[Philip A. Wagler](https:///our-people/philip-a-wagler) ####Articles from the Blog [No Contest Provisions ](https://www.barrettlaw.com/blog/estate-planning-and-administration/no-contest-provisions) [Decanting (or when an Irrevocable Trust is not irrevocable)](https://www.barrettlaw.com/blog/estate-planning-and-administration/decanting-or-when-an-irrevocable-trust-is-not-irrevocable) [Common Estate Planning Questions](https://www.barrettlaw.com/blog/estate-planning-and-administration/common-estate-planning-questions) # Financial Institutions, Banking Attorney | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/financial-institutions ## Practice Areas #Financial Institutions The attorneys in Barrett McNagny's Financial Institutions Group provide legal services to state and federally-chartered banks, trust companies, savings associations, credit unions, consumer finance companies, mortgage bankers, financial institution holding companies, and other financial intermediaries. Our attorneys have experience in the organization and operation of state and national financial institutions, interstate banking, bond-connected credit facilities, creditor's rights, bank acquisitions and mergers, financial institution regulation, fiduciary administration, trust department regulation, fair lending, and other consumer regulatory compliance matters. Firm attorneys in other practice areas — including human resources, litigation, real property, estates and trusts, ERISA, public finance, tax, corporate, and securities — also provide legal services to financial institution clients. ###Regulatory Experienced practitioners in state and federal banking laws and regulations, Barrett McNagny attorneys provide clients with a variety of services, including counseling and representation on acquisition, sale, and expansion matters, and the preparation of regulatory agency applications and disclosure documents. ###Commercial Credit Transactions Attorneys in the Financial Institutions Group regularly represent banks, insurance companies, and other lenders with the negotiation and preparation of documentation for complex secured and unsecured credit transactions. Transactional matters conducted for major financial institutions and insurance company clients include construction and permanent financing transactions, cash flow lending, asset-based lending, loan participation, and syndications, inter-creditor agreements, mortgage warehousing, letters of credit, loan restructuring and workouts, receiverships, and numerous other complex commercial transactions. [![](https://www.barrettlaw.com/Data/Accounts/Files/1/e7e2422635c4e187551492173025e47d-Schedule-Appt-Button-small.png)](https://www.barrettlaw.com/contact-us) ###[Corporate](https://www.barrettlaw.com/practice-areas/business-law) Barrett McNagny attorneys represent financial institutions and bank holding companies with various corporate matters such as acquisitions, dispositions, corporate governance, mergers, federal and state securities matters, and branch acquisitions and sales. ###[ERISA](https://www.barrettlaw.com/practice-areas/employee-benefits-law) The firm's employee benefits and ERISA attorneys represent financial institutions, insurance companies, third-party administrators, and fiduciaries in a growing spectrum of ERISA matters, including 401(k) plans, pension, and profit-sharing plans, ESOPs, prohibited transaction exemptions, non-qualified deferred compensation plans, and ERISA guidelines. ###Mortgage Banking Barrett McNagny attorneys represent mortgage companies, savings banks, and commercial banks in all aspects of residential and commercial/multifamily mortgage loan origination, servicing, and regulatory compliance. In addition, we provide legal services to these clients in connection with collection activities, which include foreclosures, receiverships, the purchase and sale of mortgage loan pools, and mortgage loan servicing in the secondary market. ###Private Client Practice Barrett McNagny attorneys assist the private client groups of financial institutions and their clients in a variety of planning and administrative matters, including: - Conferences with clients regarding wills and trusts. - Planning for the avoidance or reduction of an estate. - Inheritance and generation-skipping taxes. - Planned giving to charities. - Distributions and beneficiary designations of retirement accounts. - Titling of assets and ownership of life insurance. - Business succession issues. ##Contact Our Team Contact a member of our Financial Institutions team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/3f23ed66bc1bbac94aec35f3e01bad12-MPO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/michael-p-ohara) ####Contact an Attorney For additional information regarding Barrett McNagny's Financial Institutions area of practice, please contact one of the attorneys listed below: [Michael P. O'Hara](https:///our-people/michael-p-ohara) # Health Care Law, Medical Malpractice Litigation | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/health-care-law ## Practice Areas #Health Care Law Barrett McNagny began providing legal services to health care providers before health care became formally recognized as a practice area of law. Today, health care represents a major industry in our country, and attorneys in our Health Care Group concentrate on the legal needs of health care institutions and providers. We provide services to a variety of healthcare providers, including physicians, physician groups, physician networks, hospital medical staff, hospital/physician networks, ambulatory surgery centers, preferred provider organizations, community mental health centers, and liability insurance carriers. [![](https:///Data/Accounts/Files/1/e34a4c8bd46f05bd14e30ee292229511-f496378e4216898afee74e174f0e457d-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) ##Health Care Regulatory and Administrative Matters The health care industry is heavily regulated, both at the federal and state levels. Our experienced attorneys routinely counsel clients on various regulatory and statutory issues: - Affordable Care Act - Concepts of private inurement and private benefit - Compensation structures - Fraud and abuse laws that generally fall into one of three broad categories which prohibit: - the submission of false, fraudulent, or misleading claims to any government entity or third-party payor. - the use of kickbacks or other payments in exchange for referrals. - referrals of Medicare/Medicaid patients for certain designated health services by a physician to an entity with which the physician or the physician's immediate family member(s) have a financial relationship. - Anti-kickback law and safe harbor regulations - Third-party billing companies - Health care fraud and abuse compliance programs - Ambulatory surgery centers - Quality Assurance and Utilization Review - Peer review - National Practitioner Data Bank - Health Care Quality Improvement Act - Advance directives; appointment of health care representative - Medical licensing - Medical record requirements, including confidentiality, retention, and computerization issues - HIPAA Privacy of Health Information Programs - Assignment and re-assignment of Medicare reimbursement - Billing for physician-extender services - Medical staff and credentialing matters - Physician recruitment agreements - Issues relating to professional courtesy ###[Health Care Corporate and Transactional Matters](https://www.barrettlaw.com/practice-areas/business-law) Attorneys in our Health Care Group provide clients with a full range of corporate and transactional representation. We counsel all types of business entities, including corporations (such as c-corporations, s-corporations, and professional corporations), limited liability companies, partnerships, limited partnerships, limited liability partnerships, and sole proprietorships. We prepare and review various corporate documents including bylaws, operating agreements, stock purchase, and sale agreements, and employment agreements for physician and non-physician employees, such as physician assistants, registered nurses, clinical nurse specialists, and physical therapists. In addition, we have assisted in the negotiation of many managed care agreements between provider groups and payors. We have particular experience and advise health care clients on various issues such as managed care, Medicare/Medicaid and third-party reimbursement, mergers and acquisitions, corporate restructuring, and joint ventures. Our antitrust and corporate securities law experience guides our clients in these complex areas of law. We have worked closely with single-specialty entities and have advised them on the advantages and disadvantages of various approaches including multi-specialty groups, independent practice associations, and for-profit and not-for-profit hospital/physician joint ventures. Our experience also includes: advising employers and plans on issues and health benefits for employees and retirees; advising quality assurance/utilization review companies on increasing state regulation and contracting; and assessing potential liability exposure of managed care organizations and employers for provider credentialing and selection. ###[Medical Malpractice Litigation](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense) The defense of medical malpractice has been a large part of our litigation practice for many years. Our attorneys have represented physicians, nurses, medical professionals, and health care organizations in every facet of malpractice and general health law litigation. We have extensive experience in defending cases all the way to trial and with other means of dispute resolution for lawsuits. Our attorneys have experience in the courtroom and have appeared before state and federal courts, and before licensing organizations. ###[Employment Law](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) & [Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) In addition to attorneys who are very experienced in the defense of medical liability cases, Barrett McNagny has experienced and highly respected trial lawyers who represent health care employers in a variety of contexts, such as premises liability, workers' compensation, and general personnel and human resource issues, and non-competition litigation. Additionally, our attorneys defend and provide advice concerning wrongful discharge claims, employment discrimination claims, equal employment, and affirmative action obligations. Our attorneys also prepare and review personnel policies and programs, such as employee handbooks, drug testing programs, and other procedures, and have the ability to handle both simple and complex commercial and regulatory litigation. ##Contact Our Team Contact a member of our Health Care Law team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/f1fad36776bdfd98c3434b6821400a8d-HJC2025Name-min.jpg)](https://www.barrettlaw.com/our-people/h-joseph-cohen) [![](https:///Data/Accounts/Files/1/cbcab135325f262085340e80ffec1baf-BDI2025Name-min.jpg)](https://www.barrettlaw.com/our-people/benjamin-d-ice) [![](https:///Data/Accounts/Files/1/05e4aa7cd5ffa4e453e6e82816319818-WAR2025Name-min.jpg)](https://www.barrettlaw.com/our-people/william-a-ramsey) ####Contact an Attorney For additional information regarding Barrett McNagny's Health Care Law area of practice, please contact one of the attorneys listed below: [H. Joseph Cohen](https:///our-people/h-joseph-cohen)[Benjamin D. Ice](https:///our-people/benjamin-d-ice)[William A. Ramsey](https:///our-people/william-a-ramsey) ####Blog Visit the [Health Care Law blog ](https://www.barrettlaw.com/blog/health-care)for information for those in the health care industry. # Intellectual Property Law, Patent Attorney | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/intellectual-property-law ## Practice Areas #Intellectual Property Law Properly managing and protecting intellectual property assets are critical to remaining competitive in the modern marketplace. Barrett McNagny is experienced in a wide array of intellectual property matters, encompassing patent, copyright, trademark, trade dress, and trade secret issues. We pride ourselves in helping clients obtain, protect, and enforce a competitive edge in the world of ideas. [![](https:///Data/Accounts/Files/1/dfaa0952e591f2de02a6ca27ec437ba2-Schedule-Appt-Button-small.png)](https://www.barrettlaw.com/contact-us) ##Patent A patent grants the patentee the right to forbid others from making, using, or selling the patentee's novel invention. Patents and patent licenses are a powerful tool in the quest to attain and hold a competitive edge in the technology marketplace. [George Pappas](https://www.barrettlaw.com/our-people/george-pappas) and [Connor Fleck](https://www.barrettlaw.com/our-people/connor-fleck) are licensed Patent Attorneys and can represent clients before the U.S. Patent Office, including the filing and prosecution of patent applications. ####Read more in the article ["What Is a Patent?"](https://www.barrettlaw.com/blog/intellectual-property-law/what-is-a-patent). ##Copyright Copyrights protect specific expressions of ideas, such as software, photographs, music, books, and videos. As software rights and licensing become increasingly important aspects of maintaining a competitive edge, the nuances of copyright law are becoming a vital part of the business decision-making process in many industries. We are experienced in copyright law, licensing, and infringement litigation. ##Trademarks and Trade Dress Protecting the integrity of brands and business names can be every bit as important as protecting physical assets. Trademark and trade dress law provides an avenue for businesses to prohibit their competitors from taking improper advantage of their well-known names and hard-earned reputations. We are experienced in trademark and trade dress law, including registration, protection, enforcement, and infringement litigation. ##Trade Secrets A core part of a business's value is knowledge, especially knowledge that is not known to its competitors. The importance of information security cannot be overstated. Trade secrets protection helps prevent the disclosure of valuable information and know-how. We are experienced in maximizing trade secret protection and, when necessary, using litigation to prevent unauthorized disclosures. ##Contact our Team Contact a member of our Intellectual Property team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/1fe18c90bfe0caebb12350d1a5d4a666-JohnBarceName-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce) [![](https:///Data/Accounts/Files/1/02c12b74df93b33575dfc9f52f5f8844-ConnorFleckName-min.jpg)](https://www.barrettlaw.com/our-people/connor-fleck) [![](https:///Data/Accounts/Files/1/3d26c03354e4aff61f900b73947202ff-BenjaminIceName-min.jpg)](https://www.barrettlaw.com/our-people/benjamin-d-ice) [![](https:///Data/Accounts/Files/1/cf7767665005466d96d3cc91beac24dc-PatrickMurphyName-min.jpg)](https://www.barrettlaw.com/our-people/patrick-g-murphy) [![](https:///Data/Accounts/Files/1/ded06cfb20c23dc435cd6164b2aba7c1-GeorgePappas-min.jpg)](https://www.barrettlaw.com/our-people/george-pappas) [![](https:///Data/Accounts/Files/1/9bf558dbd5a2a585bd9bb1f71f8eda86-WilliamRamseyName-min.jpg)](https://www.barrettlaw.com/our-people/william-a-ramsey) ####Contact an Attorney For additional information regarding Barrett McNagny's Intellectual Property Law area of practice, please contact one of the attorneys listed below: [John C. Barce](https:///our-people/john-c-barce)[Connor Fleck](https:///our-people/connor-fleck)[Benjamin D. Ice](https:///our-people/benjamin-d-ice)[Patrick G. Murphy](https:///our-people/patrick-g-murphy)[George Pappas](https:///our-people/george-pappas)[William A. Ramsey](https:///our-people/william-a-ramsey) # Labor Relations and Employment Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law ## Practice Areas #Labor Relations and Employment Law Barrett McNagny's Labor and Employment Relations Group represents corporate and [small business ](https://www.barrettlaw.com/small-business-law)entities throughout the U.S. with a heavy concentration in the Midwest. We have defended employers in numerous wrongful discharges, unfair labor practices, and employment discrimination cases before labor arbitrators, administrative agencies, and state and federal courts. We also have extensive experience in representing companies in union elections, as well as representing many unionized employers. ## Preventing Litigations, Resolving Disputes Much of our work is directed at resolving disputes for employers and preventing litigation. We also handle: - Counseling clients in the areas of personnel policies & records - Employee discipline & discharge - Workplace privacy issues - Employment discrimination - Response to union organization drives - Union picketing and strikes - Collective bargaining & contract administration - Grievance processing & labor arbitration - Occupational safety and health - Overtime - Prevailing wage claims [![](https:///Data/Accounts/Files/1/f684307ab4f45b41dfc944562d083251-Schedule-Appt-Button-small.png)](https://www.barrettlaw.com/contact-us) We have extensive trial experience in defending employers from discrimination suits, as well as experience in the areas of contract negotiations, the National Labor Relations Board, the Equal Employment Opportunity Commission, arbitration, and Appellate advocacy. We also regularly consult with a wide range of entities regarding the full range of employment defense matters which are designed to prevent problems before they arise and to handle them quickly if and when they do arise. The Labor and Employment Relations Group represents hundreds of entities in their employment law matters. These entities range from sole proprietors to some of the area's largest employers and Fortune 500 companies. Because our group devotes a substantial portion of time to protecting the interests of management, it is impossible to give more than an abbreviated sketch of our involvement in this area. ##Barrett's Experience: - Defended an employer through a jury trial involving the termination of one employee with AIDS and one with multiple sclerosis. The company had implemented a drug testing policy and the two employees claimed they were unable to undertake the drug testing at the scheduled time due to their ailments. After a week-long jury trial, the policy and terminations were upheld. - Assisted a large regional employer in the termination of the president of one of its divisions for suspected misappropriation of company property. The termination of employment was handled within 48 hours without press or publicity and no further legal involvement. - Handled a leading case with the Family and Medical Leave Act (FMLA) in the Seventh Circuit in Diaz v. Fort Wayne Foundry. Members of our Employment Group argued that a company should have to be responsible only for whether or not they provided the benefits and procedures as required by FMLA without consideration as to how other employees may have been treated because of any federally protected status. The Seventh Circuit Court of Appeals adopted this argument for all courts within the Seventh Circuit. - Maintained the non-union status of a large regional freight transporter in elections with the Teamster's Union in Cleveland and Indianapolis. - Represented Ohio employer in the decertification of a union. - Represent large national corporations (who have various plants and facilities located throughout the Midwest) in all employment litigation matters brought in either federal or state courts. - Defended actions brought by the EEOC against employers. - Regularly defend employers in litigation in the federal courts in Indiana, Ohio, Michigan, New Jersey, etc. - Regularly provide supervisory and employee training in all facets of labor and employment matters. - Represented employer and secured attorney fee judgment against the NLRB. [![](https:///Data/Accounts/Files/1/ddd5c162ba546936221d98498977bcac-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) Members of the group are repeatedly requested by various organizations to provide seminars and/or write for publications because of their experience in the employment law field. In addition, a significant number of not-for-profit organizations consult with the members of this Group for their experience and knowledge. Members of the group have served as chairs of the various labor-based bar and professional associations, at the local and state levels. Other Related Practice Areas: [Employee Benefits Law](https://www.barrettlaw.com/practice-areas/employee-benefits-law), [Workers Compensation Law](https://www.barrettlaw.com/practice-areas/workers-compensation), [Corporate and Business Law](https://www.barrettlaw.com/practice-areas/business-law) ##Contact Our Team Contact a member of our Labor and Employment team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/4e8c0d6e843d17f805cad9d7549e6b4c-HJC2025Name-min.jpg)](https://www.barrettlaw.com/our-people/h-joseph-cohen) [![](https:///Data/Accounts/Files/1/63aa017968a8defa26d0049db375be59-TMK2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) [![](https:///Data/Accounts/Files/1/e03a420ec43672ac00e429ead9b5ffbc-SN2025Name-min.jpg)](https://www.barrettlaw.com/our-people/stephanie-nuevo) [![](https:///Data/Accounts/Files/1/1af2ef8694042699fcfc672484c4cbe1-JJO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/james-j-oconnor) [![](https:///Data/Accounts/Files/1/86796e619f053e89e81da7e9e24132aa-CHR2025Name-min.jpg)](https://www.barrettlaw.com/our-people/carta-h-robison) [![](https:///Data/Accounts/Files/1/f3d03b3c18ffafbb464fe720dea337b3-SLS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/sarah-l-schreiber) [![](https:///Data/Accounts/Files/1/487cef723f72c2dc26b3de5c29f22156-AMS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/anthony-m-stites) ![](https:///Data/Accounts/Files/1/c50444c6fe7ad6214516ed6d517cd93d-shrm-recertification-provider.png) Barrett McNagny is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities. ####Contact an Attorney For additional information regarding Barrett McNagny's Labor Relations and Employment Law area of practice, please contact one of the attorneys listed below: [H. Joseph Cohen](https:///our-people/h-joseph-cohen)[Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)[Stephanie Nuevo](https:///our-people/stephanie-nuevo)[James J. O'Connor](https:///our-people/james-j-oconnor)[Carta H. Robison](https:///our-people/carta-h-robison)[Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)[Anthony M. Stites](https:///our-people/anthony-m-stites) ####Barrett Legal Brief [Barrett Legal Brief on International Investigations](https://www.barrettlaw.com/Data/Accounts/Files/1/InternalInvestigations.pdf) # Litigation Services, Litigation Attorney | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/litigation-services ## Practice Areas #Litigation Services Barrett McNagny's Litigation Group is the largest in the law firm — litigation has been the mainstay of the firm since its beginnings. Over the years, Barrett McNagny's trial attorneys have earned a reputation for experience, integrity, and excellence in all types of cases. ##Litigation Practice Highlights Our trial attorneys, who are supported by experienced paralegals and legal assistants trained specifically to meet the demands of complex litigation, routinely handle cases in the following areas: - Annexation - [Appellate Law](https://www.barrettlaw.com/practice-areas/appellate-law) - Bodily Injury Claims - Breach of Warranty cases for products from specialty steel to software - Business Litigation - [Collections](https://www.barrettlaw.com/practice-areas/bankruptcy-and-creditors-rights-law) - [Commercial Litigation](https://www.barrettlaw.com/practice-areas/business-and-commercial-litigation) - Construction and Mechanic's Liens - Contracts for the Sale of Real Estate - [Copyright and Trademark Infringement](https://www.barrettlaw.com/practice-areas/intellectual-property-law) - [Employment Law](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Environmental](https://www.barrettlaw.com/practice-areas/environmental-law) - [ERISA (Employment Benefits/Pensions)](https://www.barrettlaw.com/practice-areas/employee-benefits-law) - [Estate and Trust Litigation](https://www.barrettlaw.com/practice-areas/estate-and-trust-litigation) - [Insurance Defense](https://www.barrettlaw.com/practice-areas/insurance-defense) - Insurance Loss/Coverage Issues - Long-Term Care Defense - Media Issues - [Mediation Services](https://www.barrettlaw.com/practice-areas/alternative-dispute-resolution) - [Medical Malpractice](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense) - Motor vehicle and Premises Liability Claims - Oil Spills - Product Liability - Professional Liability - Property Disputes - [Real Estate Zoning](https://www.barrettlaw.com/practice-areas/real-estate-law) - Restrictive Covenant Law - Securities Fraud - Supply Contract Disputes - [Worker's Compensation](https://www.barrettlaw.com/practice-areas/workers-compensation) - Zoning Disputes Barrett McNagny represents clients throughout Indiana, regularly practicing in state and federal courts, at both the trial and appellate levels, and before state and federal agencies. [![](https:///Data/Accounts/Files/1/de4eb03ffdf4ccef4ca73320c0fcd273-f496378e4216898afee74e174f0e457d-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) [This is a link to the original iframe source: https://player.vimeo.com/video/498483561](https://player.vimeo.com/video/498483561) [Transcript of the above video.](https://www.barrettlaw.com/transcript-of-litigation-video) ##Our Experience Our attorneys have experience in representing clients on an emergency basis filing for and obtaining injunctions or defending injunctions on short notice. Most of our trial attorneys concentrate in two or three substantive areas of the law, allowing them to develop a high level of in-depth knowledge in those areas. In addition, we have extensive experience in pursuing and defending appeals from both state and federal agencies in state and federal courts. ##Contact Our Team Contact a member of our Litigation team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/022ebc5b600542fd07b051e9576a531a-DavidBenderName.jpg)](https://www.barrettlaw.com/our-people/david-p-bender) [![](https:///Data/Accounts/Files/1/ef9e7bf057bd8b0606a40fa09aa6b3b5-HJC2025Name-min.jpg)](https://www.barrettlaw.com/our-people/h-joseph-cohen) [![](https:///Data/Accounts/Files/1/f64efafc2dbe8185e4caf74cceabfdca-KKF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) [![](https:///Data/Accounts/Files/1/7bcb9e7a82dd5400caa41b86a487a8bd-BDI2025Name-min.jpg)](https://www.barrettlaw.com/our-people/benjamin-d-ice) [![](https:///Data/Accounts/Files/1/fe24f60d1a1a4000cfae2a0fb15ed859-RTK2025Name-min.jpg)](https://www.barrettlaw.com/our-people/robert-t-keen-jr) [![](https:///Data/Accounts/Files/1/d433bbdb3a83b7017cfe66cb60c409c0-TMK2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) [![](https:///Data/Accounts/Files/1/874c7dc894908c4d814f9726a7e2c3f1-MHM2025Name-min.jpg)](https://www.barrettlaw.com/our-people/michael-h-michmerhuizen) [![](https:///Data/Accounts/Files/1/28923f5501bc5d2ca0d2504ad0249019-PAT2025Name-min.jpg)](https://www.barrettlaw.com/our-people/patrick-g-murphy) [![](https:///Data/Accounts/Files/1/6469152ed260f9e7694f93811ef7c0b6-SN2025Name-min.jpg)](https://www.barrettlaw.com/our-people/stephanie-nuevo) [![](https:///Data/Accounts/Files/1/fa69a4e712537b7eea454896f4bd98f6-JJO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/james-j-oconnor) [![](https:///Data/Accounts/Files/1/25c1f99420abd58cef634a4f9a90617e-CWP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/caleb-w-peery) [![](https:///Data/Accounts/Files/1/a8b748132468c57d889efdc7db8efdec-DCP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/david-c-pricer)[![](https:///Data/Accounts/Files/1/08923e1152c0b6b993d3cdefa32b931f-WAR2025Namemin.jpg)](https://www.barrettlaw.com/our-people/william-a-ramsey) [![](https:///Data/Accounts/Files/1/e5b4230d82187a8c0de8869a817c5a96-CHR2025Name-min.jpg)](https://www.barrettlaw.com/our-people/carta-h-robison) [![](https:///Data/Accounts/Files/1/dc18d22945401576ca0b4d22b98b29f3-SLS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/sarah-l-schreiber) [![](https:///Data/Accounts/Files/1/0a32539ab3a773d8c26106ac02cc6e3f-CMS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/cathleen-m-shrader) [![](https:///Data/Accounts/Files/1/a17a9288877e510d72e9724f0fa7a793-AMS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/anthony-m-stites) [![](https:///Data/Accounts/Files/1/22b9f5ce7a2abccb8d9093c75cbe9493-Attorneys_2026_GOLD_ANNIVERSARY_75_YEARS_WEB.png)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264) [![](https:///Data/Accounts/Files/1/6d51110ba64087d95178dbb7c6ee694e-AMBest2026Logo.png)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264) ####Contact an Attorney For additional information regarding Barrett McNagny's Litigation Services area of practice, please contact one of the attorneys listed below: [Mark H. Bains](https:///our-people/mark-h-bains)[David P. Bender](https:///our-people/david-p-bender)[H. Joseph Cohen](https:///our-people/h-joseph-cohen)[Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)[Benjamin D. Ice](https:///our-people/benjamin-d-ice)[Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)[Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)[Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)[Patrick G. Murphy](https:///our-people/patrick-g-murphy)[Stephanie Nuevo](https:///our-people/stephanie-nuevo)[James J. O'Connor](https:///our-people/james-j-oconnor)[Caleb W. Peery](https:///our-people/caleb-w-peery)[David C. Pricer](https:///our-people/david-c-pricer)[William A. Ramsey](https:///our-people/william-a-ramsey)[Carta H. Robison](https:///our-people/carta-h-robison)[Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)[Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)[Anthony M. Stites](https:///our-people/anthony-m-stites) ####Articles from the Blog - [Top Ten Questions to Ask Your Lawyer Before You Litigate](https://www.barrettlaw.com/blog/litigation/top-ten-questions-to-ask-your-lawyer-before-you-litigate) - [Day-to-Day Practices to Promote Litigation Success](https://www.barrettlaw.com/blog/litigation/day-to-day-practices-to-promote-litigation-success) - [What to Do if Your Company is Sued](https://www.barrettlaw.com/blog/litigation/what-to-do-if-your-company-is-sued) [Visit the Litigation Services blog](https://www.barrettlaw.com/blog/litigation) # Public Finance Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/public-finance-law ## Practice Areas #Public Finance Law Barrett McNagny LLP's Public Finance Law team has been involved in a wide variety of municipal and other public finance transactions that have involved taxable and tax-exempt debt, including fixed-rate obligations, variable-rate tender option bond arrangements, revenue and grant anticipation notes, lease structures, and certificates of participation. Our team has experience serving as bond counsel and underwriter's counsel, on both public and private-use bond transactions, and advising banks and other financial institutions in their roles as lenders, trustees, credit enhancers, or liquidity providers. Our firm is listed as recognized bond counsel in [The Bond Buyer's Municipal Marketplace®,](https://www.munimarketplace.com/) more commonly known as the Red Book, which is one of the most comprehensive sources for contact information for municipal bond professionals. Public finance law is not a discrete body of law. In addition to the public and tax law questions inherent in any tax-exempt financing, it is not uncommon to face real estate, environmental, bankruptcy, and litigation issues. When these arise, we draw upon the experience of other Barrett McNagny professionals who concentrate in these areas of law. We also use the knowledge and experience we have gained in our active corporate finance practice to adapt commercial financing techniques to public finance transactions when they prove beneficial to our clients. [![](https:///Data/Accounts/Files/1/affc6fe90c264cf8a15f843eb2e9d2e0-ContactAttorneyButton.png)](https://www.barrettlaw.com/contact-us) ##Bond Counsel We have served as bond counsel with respect to both governmental and private-use bonds. These transactions have ranged from traditional public financings, such as general obligation, tax increment financing, sewer, and other system revenue bond issues, to complex conduit transactions, such as economic development, multi-family housing, and qualified 501(c)(3) bonds. We have employed various structures, including variable rates, tender options, and lower floaters, with credit enhancements consisting of domestic and international letters of credit and bond insurance. ##Underwriter's Counsel As underwriter's counsel, we have worked on both public and private-use bond transactions. These transactions have involved fixed-rate obligations, variable-rate tender option bond arrangements, lease structures, and certificates of participation. ##Letters of Credit A substantial portion of Barrett McNagny's public finance law practice is devoted to representing banks providing credit enhancement. Our attorneys have significant experience negotiating reimbursement agreements, guarantees, collateral agreements, and other security arrangements for banks. We have represented banks providing credit enhancement for private activity bonds. In addition, our representation of borrowers in private activity bond financings, for which banks have provided credit support, enhances our ability to draft and negotiate the relevant documents on behalf of banks. ##Types of Transactions Various types of transactions in which the Public Finance Law Group has been involved and the roles it has served. | | | | | |-------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------|------------------------------------------| |**Issuer** |**Project** |**Size of Issue** |**Role** | | **City of Fort Wayne** |Variable Rate Demand Economic Development Revenue Bonds to finance the construction of student housing for a local university *** |**$5.4 million** |Bond Counsel | | **City of Garrett, Indiana** |Variable Rate Demand Economic Development Revenue Bonds for a new manufacturing facility *** |**$5.7 million** |Bond Counsel & Underwriter's Counsel| | **Allen County, Indiana** |Redevelopment District Tax Increment Revenue Bonds *** |**$9.275 millio****n** |Bond Counsel | |**City of Kendallville, Indiana** |Variable Rate Demand Economic Development Revenue Bonds for expansion of existing manufacturing facility. *** |**$2.4 million** |Bond Counsel & Underwriter's Counsel| |**Town of Goodland, Indiana** |Sewage Works Refunding Revenue Bonds *** |**$830,000** |Bond Counsel | |**DeKalb County, Indiana** |Variable Rate Demand Economic Development Revenue Bonds for a locally based manufacturer of concrete products *** |**$6.4 million** |Bond Counsel & Underwriter's Counsel| |**Allen County, Indiana** |Economic Development Revenue Bonds to finance construction and equipping of a new YMCA branch facility *** |**$4.3 million** |Bond Counsel & Underwriter's Counsel| |**Town of Grabill, Indiana** |Economic Development Revenue Bonds to refund existing bonds and provide new construction funding for an assisted living facility for a 501(c)(3) organization *** |**$2 million** |Bond Counsel | |**City of Fort Wayne** |Economic Development Revenue Bonds to finance the construction and equipping of new facilities for a local public television station *** |**$3.5 million** |Bond Counsel & Underwriter's Counsel| |**Town of Fowler, Indiana** |Waterworks Revenue Bonds, Series A and B *** |**$1,875,000** |Bond Counsel | |**T****own of Otterbein, Indiana** |Waterworks Utility Revenue Bonds *** |**$995,000** |Bond Counsel | |**Indiana Health Facility** |Financing Authority Variable Rate Demand Revenue Bonds to refund existing indebtedness of 501(c)(3) social service organization *** |**$4,475,000** |Bond Counsel | |**DeKalb County, Indiana** |Indiana Economic Development First Mortgage Revenue Bonds for a local 501(c)(3) organization *** |**$1,125,000** |Bond Counsel | |**City of Fort Wayne** |Municipal lease for a fire station *** |**$1,460,000** |Bond Counsel | |**Mooresville Consolidated School Corporation**|Equipment Leases *** |**$938,000** |Underwriter's Counsel | |**City of Fort Wayne** |Variable Rate Demand Economic Development Revenue Bonds for a locally based manufacturer of modular automation devices and components *** |**$3.2 million** |Bond Counsel | |**City of Fort Wayne** |Adjustable Rate Demand Economic Development Revenue Bonds to finance the construction and equipping of a 52-unit apartment expansion of an existing facility to accommodate assisted living and independent living residents for a local 501(c)(3) organization *** |**$6.2 million** |Bond Counsel | |**Allen County** |Indiana Economic Development First Mortgage Revenue Bonds for a locally based manufacturer of heating and air conditioning systems *** |**$3.5 million** |Bond Counsel | |**Town of Grabill, Indiana** |Indiana Economic Development First Mortgage Revenue Bonds for a 501(c)(3) organization *** |**$2 million** |Bond Counsel | |**Lake George Regional Sewer District** |Sewage Works Revenue Bonds *** |**$5,337,000** |Bond Counsel | |**Benton County Government Center Bldg. Cor.** |First Mortgage Bonds for the Benton County, Ind., Government Center *** |**$3,705,000** |Bond Counsel & Underwriter's Counsel| |**Town of Winona Lake, Indiana** |Economic Development Revenue Bonds for a locally based manufacturer of recreational equipment and furnishings *** |**$1,750,000** |Bond Counsel | |**City of Fort Wayne** |Variable Rate Demand Economic Development Revenue Bonds for a locally based manufacturer of precision tooling and equipment *** |**$3.3 million** |Bond Counsel | |**Allen County, Indiana** |Variable Rate Demand Economic Development Revenue Bonds for a 501(c)(3) organization *** |**$4 million** |Bond Counsel | |**City of Goshen, Indiana** |Adjustable Rate Demand Economic Development Revenue Bonds *** |**$3,250,000** |Bond Counsel, LOC Bank Counsel | |**Whitley County, Indiana** |Variable Rate Demand Economic Development Revenue Bonds *** |**$6 million** |Borrower's Counsel | |**Town of Pierceton, Indiana** |Economic Development Revenue Bonds *** |**$6 million** |Bond Counsel, Original Purchaser Counsel| |**Whitley County, Indiana** |Taxable Economic Development Revenue Bonds, Series A and Series B *** |**$13,770,000, Series A; $4,865,000 Series B**|Borrower's Counsel | |**City of Fort Wayne** |Indiana Economic Development Revenue Bonds *** |**$1.8 million** |Bond Counsel & Purchaser's Counsel | ##Corporate Finance **Issuer's Counsel** As Issuer/Borrower counsel to a Fortune 500 public company, we have represented our client in a number of syndicated Rule 144A debt offerings, registered exchange offers and tender offers. ##Contact Our Team Contact a member of our Public & Corporate Finance team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/0f7006ed0e0db7ae4f2e339ff7634b86-REF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/richard-e-fox) [![](https:///Data/Accounts/Files/1/f0aa2dc229cafbddab02e420184e94c5-TEL2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-e-ludwiski) ####Contact an Attorney For additional information regarding Barrett McNagny's Public Finance Law area of practice, please contact one of the attorneys listed below: [Richard E. Fox](https:///our-people/richard-e-fox)[Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski) ####Blog Posts [Federal Tax Credit Programs](https://www.barrettlaw.com/blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) [Indiana State Tax Credit Programs](https://www.barrettlaw.com/blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities) # Real Estate Law, Property Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/real-estate-law ## Practice Areas #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 law matters, which include: - Environmental - Tax - Governmental - Municipal - Corporate & [Small Business](https:///small-business-law) - Bankruptcy - Estate Planning - Insurance - Litigation [![](https:///Data/Accounts/Files/1/b6c6af2b25bb79a16c50a56484a0f59a-Schedule-Appt-Button-small.png)](https://www.barrettlaw.com/contact-us) ###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. [![](https://www.barrettlaw.com/Data/Accounts/Files/1/5ed42198b7f00f15a81845d16ef1a8da-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) ###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 about 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 about the interests of both the owner and the contractor in commercial, industrial, and residential construction projects. ##Contact Our Team Contact a member of our Real Estate team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/7c40765c93f417a78f2788839845f97b-BNB25Name-min.jpg)](https://www.barrettlaw.com/our-people/benjamin-n-bailey) [![](https:///Data/Accounts/Files/1/a07f7c8c818c664ebed528d7dad54ae3-MHB2025Name-min.jpg)](https://www.barrettlaw.com/our-people/mark-h-bains) [![](https:///Data/Accounts/Files/1/4fe4fbc81b6505f9dab56205d86d585a-JCN2025Name-min.jpg)](https://www.barrettlaw.com/our-people/joshua-c-neal) [![](https:///Data/Accounts/Files/1/0e4007a0d1cf5af9046252d709125741-TMN2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-m-niezer) [![](https:///Data/Accounts/Files/1/845ed2428c5922bcd42a3bbfd17c0279-DRS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/david-r-steiner) ####Contact an Attorney For additional information regarding Barrett McNagny's Real Estate Law area of practice, please contact one of the attorneys listed below: [Benjamin N. Bailey](https:///our-people/benjamin-n-bailey)[Mark H. Bains](https:///our-people/mark-h-bains)[Joshua C. Neal](https:///our-people/joshua-c-neal)[Thomas M. Niezer](https:///our-people/thomas-m-niezer)[David R. Steiner](https:///our-people/david-r-steiner) ####Articles from the Blog [Seller Beware: Understanding the Obligations of a Seller of Residential Real Estate under Indiana Law](https://www.barrettlaw.com/blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law) [Construction Law Tips for Contractors and Homeowners on Remodeling Projects](https://www.barrettlaw.com/blog/real-estate/construction-law-tips-for-contractors-and-homeowners-on-remodeling-projects) [Real Estate Disclosure Form](https://www.barrettlaw.com/blog/real-estate/real-estate-disclosure-form-seller-liability) [Consider Zoning When Purchasing Real Estate](https://www.barrettlaw.com/blog/real-estate/zoning-laws-when-purchasing-real-estate) [Visit the Real Estate Law blog](https://www.barrettlaw.com/blog/real-estate) # Securities Law, Securities Attorney | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/securities-law ## Practice Areas #Securities Law The attorneys in Barrett McNagny's Securities Group are committed to providing our clients with trusted legal advice as they and their businesses change. To meet our clients' continuously changing needs, the Securities Group's experience covers a broad range of state and federal securities law matters. Our securities lawyers are experienced in advising clients of all sizes, from small start-up firms to large publicly traded companies. In addition, our attorneys not only have significant experience in securities transactions but also possess experience in the other areas of law that usually affect a securities transaction, such as tax and general corporate law, enabling our attorneys to analyze securities transactions from every angle. [![](https://www.barrettlaw.com/Data/Accounts/Files/1/5ed42198b7f00f15a81845d16ef1a8da-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) ##Practice Highlights Our attorneys regularly represent both private and publicly held companies in all aspects of compliance with securities laws, including private placement transactions and public financings. We regularly advise our clients about the drafting of such instruments as private placement memoranda and offering prospectuses, as well as the availability and use of the various SEC registration statement forms, such as Forms S-1, S-3, and S-4. We also provide counseling involving regulatory compliance with the reporting requirements under the Securities Act of 1934, including proxy solicitation and regulation, annual shareholder report preparation, SEC periodic reporting according to Forms 10-K, 10-Q, 8-K, and others. We also assist our clients in complying with insider trading regulations, corporate governance requirements, and Sarbanes-Oxley compliance, and advise our clients regarding matters relating to director and officer fiduciary duties, liability, and indemnification. In addition to compliance, we have assisted numerous clients with the issuance of debt and equity instruments, including initial public offerings and other offerings involving senior and subordinated debt and equity hybrids. We also have assisted clients with mergers and acquisitions of publicly traded companies. Barrett McNagny's securities lawyers advise and assist companies seeking to qualify their securities for quotation in the NASDAQ system and for listing on national or regional stock exchanges. The firm also prepares stock options, stock appreciation, bonuses, stock purchases, and other employee compensation plans for our clients. ##Our Experience The attorneys in our Securities Group routinely assist issuers, investment banks, and investors in private placements of securities both in transactions involving Regulations D and S, Rule 144A, and various state blue sky laws. We work with our client's accountants, investment bankers, and other professionals in the development of financial strategies to achieve the best financial and business advantages for our clients. In addition, our attorneys are familiar with a wide variety of alternative types of financing resources. Barrett McNagny's Securities Group attorneys are also experienced in all aspects of securities litigation, such as investigations and proceedings before the SEC's Enforcement Division and in civil securities litigation. Other areas of securities proficiency include assisting our clients with the use of limited liability companies in real estate development and investment, corporate joint ventures, and other operations and advising broker-dealers and investment advisers regarding state and federal law requirements. ##Contact Our Team Contact a member of our Securities team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/639b2dc1f74bf2c7e4576d99bfe6b7f1-MAH2025Name-min.jpg)](https://www.barrettlaw.com/our-people/marcus-a-heminger) [![](https:///Data/Accounts/Files/1/49e9c59b1a61ffc4d03282db6a160f5c-SJT2025Name-min.jpg)](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr) [![](https:///Data/Accounts/Files/1/0bb90374ec708b23afc83e0e80d9aaa7-STV2025Name-min.jpg)](https://www.barrettlaw.com/our-people/sabrina-t-victor) ####Contact an Attorney For additional information regarding Barrett McNagny's Securities Law area of practice, please contact one of the attorneys listed below: [Marcus A. Heminger](https:///our-people/marcus-a-heminger)[Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)[Sabrina T. Victor](https:///our-people/sabrina-t-victor) ####Blog [Visit the Securities Law blog](https://www.barrettlaw.com/blog/business-and-corporate-law/securities) # Tax Law and Taxation | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/tax-law-and-taxation ## Practice Areas #Tax Law and Taxation The Barrett McNagny Taxation Group's practice includes federal, state, and local taxation of individuals, corporations, partnerships, limited liability companies, financial institutions, trusts, estates, and specialized entities, as well as tax-exempt organizations. ###Planning Barrett McNagny's tax attorneys provide tax planning for small start-up companies, large privately owned businesses, and publicly held corporations. ###[Mergers, Acquisitions, and Reorganizations](https://www.barrettlaw.com/practice-areas/mergers-and-acquisitions) Our Tax Group is involved in the planning and structuring of corporate mergers, acquisitions, dispositions, and tax-free reorganizations. Barrett McNagny has represented clients in tax-free spin-offs and split-ups, taxable acquisitions and divestitures, and mergers and has assisted clients with the formation of holding companies. [![](https://www.barrettlaw.com/Data/Accounts/Files/1/5ed42198b7f00f15a81845d16ef1a8da-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) ###[Gift, Estate, and Inheritance Taxation](https://www.barrettlaw.com/practice-areas/estate-planning) Our Tax Group has extensive experience assisting clients in developing and implementing their estate plans and minimizing any federal gift and estate taxes. Our approach to gift and estate tax planning is to listen and understand our clients, and their unique objectives for heirs. ###Tax Audits, Administrative Appeals, and Litigation Our tax attorneys represent taxpayers in controversies before the Internal Revenue Service and the courts. We have broad experience with planning for and managing audits and various audit issues such as responding to information document requests, complying with formal document requests, quashing summonses, controlling statutes of limitation, establishing document retention procedures, and identifying and protecting privileged documents. Our tax attorneys also have assisted in resolving many matters with the Internal Revenue Service, either on audit or, more typically, with the Appeals Division. To the extent that litigation is required, our attorneys have experience in the federal courts in which tax cases are litigated. ###State Taxation Our Tax Group attorneys provide advice on Indiana tax matters and represent clients in front of the Indiana Department of Revenue regarding the Indiana gross income tax, adjusted gross income tax, supplemental net income tax, sales tax, and financial institutions tax, and in front of the Indiana State Board of Tax Commissioners. ###Private Letter Rulings and Opinions The services of our Tax Group have included obtaining private letter rulings from the Internal Revenue Service and the Indiana Department of Revenue and the rendering of tax opinions. ##Contact Our Team Contact a member of our Tax Law team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/8b7a1407cd55a6c26e3aac06a5385be5-JCB2025Name-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce) [![](https:///Data/Accounts/Files/1/6143e2cd5bc0f0e05f6fb58c564b1a2d-REF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/richard-e-fox) [![](https:///Data/Accounts/Files/1/3d7fd6df70de826a776402ab4629745a-TEL2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-e-ludwiski) [![](https:///Data/Accounts/Files/1/2eceac778b9ea11b8e23dd748fb6f8da-PAW2025Name-min.jpg)](https://www.barrettlaw.com/our-people/philip-a-wagler) [![](https:///Data/Accounts/Files/1/95516ec108316172201de649a4cba85e-JMW2025Name-min.jpg)](https://www.barrettlaw.com/our-people/jeffrey-m-woenker) ####Contact an Attorney For additional information regarding Barrett McNagny's Tax Law and Taxation area of practice, please contact one of the attorneys listed below: [John C. Barce](https:///our-people/john-c-barce)[Richard E. Fox](https:///our-people/richard-e-fox)[Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)[Philip A. Wagler](https:///our-people/philip-a-wagler)[Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker) # Worker's Compensation Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/workers-compensation ## Practice Areas #Worker's Compensation Law Barrett McNagny's Worker's Compensation practice has been active since the 1950s. Covering all aspects of worker's compensation law, the practice includes worker's compensation and occupational disease act claims, insurance coverage questions, and representation at the board and appellate levels. Our client base consists of self-insured companies, insurance companies, and third-party administrators. [![](https:///Data/Accounts/Files/1/c5423902946fee3bdf3b5106985ecf38-ContactAttorneyButton.png)](https:///contact-us) ##Our Perspective on Providing Services to Clients As worker's compensation claims represent an ever-increasing business cost, we know the budget constraints in which our clients must operate. We understand and appreciate that controlling worker's compensation costs is a primary concern for employers and insurers alike. With these concerns in mind, we prefer to take a proactive approach and answer our clients' questions as problems arise, rather than waiting until litigation develops. Specifically, we have found on-site investigations shortly after an incident occurs to be invaluable in heading off a potential claim or being ready when a claim is filed. If litigation arises, we work closely with our clients to develop a litigation strategy, control litigation costs and provide the best legal counsel available to advance our clients' interests. ##Continuing Commitment We are committed to providing our clients with timely, cost-effective legal and consulting services. In addition, members of the group participate in ongoing worker's compensation and occupational benefits seminars, discussing the latest in developing case law and case management and cost containment practices. We also provide our clients with reports of recent case law and legislative changes which may affect worker's compensation and occupational disease claims handling in the State of Indiana. We believe our efforts in these areas help assure our clients that they are well prepared to meet this legal area's ever-changing legal demands. ##Contact Us [![](https:///Data/Accounts/Files/1/14911a6d810361857d8d24afbb75e103-JJO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/james-j-oconnor) [![](https:///Data/Accounts/Files/1/926b869719fd14d2274f405a69ee4b9d-Attorneys_2025_GOLD_ANNIVERSARY_75_YEARS_WEB-04.png)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264) *** Other Related Practice Areas: [Employee Benefits Law](https://www.barrettlaw.com/practice-areas/employee-benefits-law), [Labor Relations and Employment Law](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law), [Corporate and Business Law](https://www.barrettlaw.com/practice-areas/business-law) ####Contact an Attorney For additional information regarding Barrett McNagny's Worker's Compensation Law area of practice, please contact one of the attorneys listed below: [James J. O'Connor](https:///our-people/james-j-oconnor) # Estate and Trust Litigation | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/estate-and-trust-litigation ## Practice Areas #Estate and Trust Litigation The death of a family member is an emotional time for all involved. When the departed have not properly prepared their affairs for a smooth transition to the survivors, those left behind may have questions about how or why a particular individual or entity wound up with the departed's property, which might include the departed's belongings, cash, securities, or real estate. In some cases, the survivors need to file a lawsuit to recover the departed's property or to ensure the proper distribution of property. [![](https:///Data/Accounts/Files/1/c0932f16e8ff5d7e9906cd2d7363993b-ContactAttorneyButton.png)](https:///contact-us) Our attorneys have represented personal representatives and beneficiaries, trustees, legatees, heirs, and the like in matters involving will contests, estate administration disputes, probate litigation, allegations of breach of fiduciary duty, estate litigation regarding the authenticity of a will, trust litigation, and claims alleging mismanagement of funds, undue influence, and/or tortious interference with an inheritance. ##Our Approach With a thorough knowledge base of the laws and procedures involved with estate and trust litigation, our attorneys can provide a practical approach to solving estate claims to avoid or minimize litigation. Some of our attorneys in this area are also [mediators](https://www.barrettlaw.com/practice-areas/alternative-dispute-resolution) and understand the importance and benefits of working through matters outside of the courthouse whenever and wherever possible. However, if a case must proceed to the courtroom, we have the experience necessary to appear before the court to present your side of the story reasonably and professionally. ##Contact Our Team Contact a member of our Estate and Trust Litigation team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/de2baff7d49bd8342ffa5cf373e4c675-MHM2025Name-min.jpg)](https://www.barrettlaw.com/our-people/michael-h-michmerhuizen) [![](https:///Data/Accounts/Files/1/6a0aaf1f5f2273703e7e5a0d928f6c44-JJO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/james-j-oconnor) [![](https:///Data/Accounts/Files/1/d28f749d5b2c106220ebcc1853afb8b9-WAR2025Name-min.jpg)](https://www.barrettlaw.com/our-people/william-a-ramsey) [![](https:///Data/Accounts/Files/1/30ad62f6b0661dc295a342bae1dd56db-CMS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/cathleen-m-shrader) ####Contact an Attorney For additional information regarding Barrett McNagny's Estate and Trust Litigation area of practice, please contact one of the attorneys listed below: [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)[James J. O'Connor](https:///our-people/james-j-oconnor)[William A. Ramsey](https:///our-people/william-a-ramsey)[Cathleen M. Shrader](https:///our-people/cathleen-m-shrader) ####Articles [No Contest Provisions](https://www.barrettlaw.com/blog/estate-planning-and-administration/no-contest-provisions) # Medical Malpractice Defense | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/medical-malpractice-defense ## Practice Areas #Medical Malpractice Defense When a medical malpractice claim is filed against a health care organization, everyone from physicians to nurses and medical professionals feels the impact. Barrett McNagny's medical malpractice attorneys understand this impact and are there to help and defend against these claims. With decades of combined experience, we represent have represented the following in all aspects of health care litigation: - Doctors - Dentists - Hospitals - Nursing homes - Medical groups ##Our Experience Our group provides extensive experience in analyzing cases to assist clients with litigation decisions. Not only are we experienced in defending cases all the way to trial, but we also understand other means of dispute resolution for lawsuits. Our attorneys have significant experience in the courtroom and have appeared before state and federal courts and licensing organizations. ##Contact Our Team Contact a member of our Medical Malpractice Defense team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/6a491bc474b8bda3bb7b6705e3d55d16-BDI2025Name-min.jpg)](https://www.barrettlaw.com/our-people/benjamin-d-ice) [![](https:///Data/Accounts/Files/1/034d39d33e1c7a95a114f1264020af20-WAR2025Namemin.jpg)](https://www.barrettlaw.com/our-people/william-a-ramsey) ####Contact an Attorney For additional information regarding Barrett McNagny's Medical Malpractice Defense area of practice, please contact one of the attorneys listed below: [Benjamin D. Ice](https:///our-people/benjamin-d-ice)[William A. Ramsey](https:///our-people/william-a-ramsey) # Family and Domestic Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/family-and-domestic-law ## Practice Areas #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. [![](https://www.barrettlaw.com/Data/Accounts/Files/1/e7e2422635c4e187551492173025e47d-Schedule-Appt-Button-small.png)](https://www.barrettlaw.com/contact-us) ##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. ##Contact Our Team Contact a member of our Family Law team by clicking their picture below. [![](https:///Data/Accounts/Files/1/344cf30ad024750a77dee1ff5911617d-KLG2025Name-min.jpg)](https://www.barrettlaw.com/our-people/kayte-l-geist) [![](https:///Data/Accounts/Files/1/ba37b573c1f58640c5c76039bf731780-MAM2025Name-min.jpg)](https://www.barrettlaw.com/our-people/maria-a-mirande) [![](https:///Data/Accounts/Files/1/f290f124a686eb2174234935c107aa61-ESS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/emily-s-szaferski) ####Contact an Attorney For additional information regarding Barrett McNagny's Family and Domestic Law area of practice, please contact one of the attorneys listed below: [Kayte L. Geist](https:///our-people/kayte-l-geist)[Maria A. Mirande](https:///our-people/maria-a-mirande)[Emily S. Szaferski](https:///our-people/emily-s-szaferski) ####Articles from the Blog [Preparing to Meet Your Family Law Attorney: What should you bring to your first meeting? ](https://www.barrettlaw.com/blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting) # Cybersecurity & Privacy | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/cybersecurity-and-privacy ## Practice Areas #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 in the event of a breach - Guide on complying with data breach notification laws - Review relevant insurance policies to ensure protection in the event of a cybersecurity breach [![](https:///Data/Accounts/Files/1/a5c6ec2e50d953fc69779bd5d21d66cb-ContactAttorneyButton.png)](https:///contact-us) ##Addressing a Security Breach If a breach does occur,our seasoned attorneys work with your company personnel to execute the response plan and handle correspondence to all parties involved. As a result of a breach, if a lawsuit is filed, our attorneys assist in the litigation process, help manage any contractual liabilities, and preserve evidence for the defense of the lawsuit. We are experienced in defending first and third-party claims for insurance carriers and clients for data breaches, viruses, malware, breach of privacy, and other cyber-related claims. A breach does not always happen from an outside hack. Sometimes, breaches occur internally due to the negligence (or intentional act) of an employee, or through the action of an IT vendor. If this happens, a company may have vicarious liability for its employee’s and/or vendor’s actions. Our attorneys are ready to assist by handling internal investigations, counseling and assisting with crisis management efforts, and preparing for and spearheading legal action on behalf of a company. ##Disaster Recovery Plan and Business Continuity Plan Aside from cybersecurity breaches, a company must have a Disaster Recovery Plan and Business Continuity Plan in place. Our team can create customized plans to fit business and industry needs. In the technological world in which we live it is practically inevitable that a data breach will happen. Taking action today to plan and protect your company’s most valuable assets – its data and information – will help ensure your business can sustain an attack and recover as quickly as possible. ##Contact Our Team Contact a member of our Cybersecurity & Privacy team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/c6570386323ede57da1fb1fc0b2bd7b4-JTM2025Name-min.jpg)](https://www.barrettlaw.com/our-people/justin-t-molitoris) [![](https:///Data/Accounts/Files/1/e297df6ea646841fa6791981fa501e13-JJO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/james-j-oconnor) ####Contact an Attorney For additional information regarding Barrett McNagny's Cybersecurity & Privacy area of practice, please contact one of the attorneys listed below: [Justin T. Molitoris](https:///our-people/justin-t-molitoris)[James J. O'Connor](https:///our-people/james-j-oconnor) ####Articles from the Blog [My company's data server was hacked. Now what?](https://www.barrettlaw.com/blog/labor-and-employment-law/my-companys-data-server-was-hacked-now-what) [Privacy Laws and Cybersecurity Issues for Businesses](https://www.barrettlaw.com/blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses) Visit the [Cybersecurity Blog. ](https://www.barrettlaw.com/blog/cybersecurity) # Mergers and Acquisitions | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/mergers-and-acquisitions ## Practice Areas #Mergers and Acquisitions Two companies coming together can be a tricky process. Often, merging or acquiring a business allows it to be more competitive and efficient. There are several factors to consider before, during, and after the M&A process. Barrett McNagny are experienced in business mergers and acquisitions. Since 1876, the lawyers at Barrett McNagny have represented businesses, both public and privately held, in all aspects of buying, selling, merging, and consolidation. Our attorneys have provided trusted counsel in transactions large to small across industries of all kinds and involving all types of entities, including general and limited partnerships, corporations, and limited liability companies. [![](https://www.barrettlaw.com/Data/Accounts/Files/1/e7e2422635c4e187551492173025e47d-Schedule-Appt-Button-small.png)](https://www.barrettlaw.com/contact-us) ##Guiding you through the Merger & Acquisition Process: - Pre-transaction planning - Due diligence - Negotiating and structuring agreements - Financing - Closing - Resolving any post-closing issues ## In buying, merging, or selling a business, legal issues can arise that involve other practice areas such as intellectual property, products liability, and succession planning. In that event, Barrett McNagny is able to assemble the right team of attorneys who can provide the necessary knowledge and experience to address a client’s particular needs. ###We have Extensive Experience in: - [Tax](https://www.barrettlaw.com/practice-areas/tax-law-and-taxation) - [Corporate Finance](https://www.barrettlaw.com/practice-areas/public-finance-law) - [Environmental law and liability](https://www.barrettlaw.com/practice-areas/environmental-law) - [Estate planning and succession](https://www.barrettlaw.com/practice-areas/estate-planning) - [Intellectual property](https://www.barrettlaw.com/practice-areas/intellectual-property-law) - [Labor and employment](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) - [Real estate](https://www.barrettlaw.com/practice-areas/real-estate-law) - Filings under Hart-Scott-Rodino - [Securities laws](https://www.barrettlaw.com/practice-areas/securities-law) We are also skilled in assisting businesses with structuring strategic alliances and forming joint ventures and other special-purpose entities. In addition, our attorneys are experienced in assisting companies in defending against unwanted acquisitions. Our attorneys work alongside clients not only to maximize the value of their transactions but also to identify and minimize risks in achieving our clients’ goals and objectives. [![](https:///Data/Accounts/Files/1/ddd5c162ba546936221d98498977bcac-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) ##We have Experience Serving the Following Industries: - Manufacturing - Medical Device - Car Dealers and Manufacturers - Retail - Health and Medical - Finance, Insurance, and Real Estate - Banking and Mortgage - Hospitality, Food and Beverage - Printing, Publishing, and Media ##Contact our Team Contact a member of our Mergers and Acquisitions team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/9689f114f2d7f607f9d44cbbd8758a3a-JCB2025Name-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce) [![](https:///Data/Accounts/Files/1/66d8c450352874a75568c0a24c3ce31b-REF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/richard-e-fox) [![](https:///Data/Accounts/Files/1/7eb7aced046da30a4f2bc7c01e3c6c62-JMF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/john-m-frandsen) [![](https:///Data/Accounts/Files/1/0a610001d35983127c6b6cc6d273e3a0-MAH2025Name-min.jpg)](https://www.barrettlaw.com/our-people/marcus-a-heminger) [![](https:///Data/Accounts/Files/1/636ba4acfcf382c717e07070643256e8-TEL2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-e-ludwiski) [![](https:///Data/Accounts/Files/1/e4268f22236b8bfafb26d831d7a3a914-JTM2025Name-min.jpg)](https://www.barrettlaw.com/our-people/justin-t-molitoris) [![](https:///Data/Accounts/Files/1/c3067f333fd61b21a453ffcdc5bf1fe3-MPO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/michael-p-ohara) [![](https:///Data/Accounts/Files/1/4f9ed801ed343d8ba91768cf209ec05b-LWO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/lewis-w-ostermeyer) [![](https:///Data/Accounts/Files/1/5ce2f1859f2556324cbf6a50cacbabc3-DRS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/david-r-steiner) [![](https:///Data/Accounts/Files/1/e51488e5f24f0465c043da71282077f6-SJT2025Name-min.jpg)](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr) [![](https:///Data/Accounts/Files/1/36bba7b0374019784bc19d49647fb4b9-STV2025Name-min.jpg)](https://www.barrettlaw.com/our-people/sabrina-t-victor) [![](https:///Data/Accounts/Files/1/9504c3f91253515a0956dc6a52de4437-HMW2025Name-min.jpg)](https://www.barrettlaw.com/our-people/holly-m-weber)[![](https:///Data/Accounts/Files/1/7b6d81f250226cd6a5ca3481a750ae14-JMW2025Name-min.jpg)](https://www.barrettlaw.com/our-people/jeffrey-m-woenker) [![](https:///Data/Accounts/Files/1/d0d873bf587ae4934051fe9f5d18c54d-ChamberFirmLogo.jpg)](https://chambers.com/law-firm/barrett-mcnagny-llp-usa-5:65401) ####Contact an Attorney For additional information regarding Barrett McNagny's Mergers and Acquisitions area of practice, please contact one of the attorneys listed below: [John C. Barce](https:///our-people/john-c-barce)[Richard E. Fox](https:///our-people/richard-e-fox)[John M. Frandsen](https:///our-people/john-m-frandsen)[Marcus A. Heminger](https:///our-people/marcus-a-heminger)[Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)[Justin T. Molitoris](https:///our-people/justin-t-molitoris)[Michael P. O'Hara](https:///our-people/michael-p-ohara)[Lewis W. Ostermeyer](https:///our-people/lewis-w-ostermeyer)[David R. Steiner](https:///our-people/david-r-steiner)[Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)[Sabrina T. Victor](https:///our-people/sabrina-t-victor)[Holly M. Weber](https:///our-people/holly-m-weber)[Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker) # Trademarks | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/trademarks ## Practice Areas #Trademarks Trademarks are typically words, designs, logos and taglines that identify your goods and services and which encompass your goodwill and reputation. Trademarks prevent confusion between sources of goods and services and protect the owner's goodwill. We can assist you in clearing, registering, maintaining and enforcing your trademarks in the U.S. and internationally. ##Contact Our Team Contact a member of our [Intellectual Property ](https://www.barrettlaw.com/practice-areas/intellectual-property-law)team by clicking on their photo below to discuss your trademark issue. [![](https:///Data/Accounts/Files/1/e7f27e58d8754562538187ba55de6936-JCB2025Name-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce) [![](https:///Data/Accounts/Files/1/1c3ad363331780b2a60691a6ab21fce4-CF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/connor-fleck) [![](https:///Data/Accounts/Files/1/12b2753c77710b7c70754a7e6a141888-PAT2025Name-min.jpg)](https://www.barrettlaw.com/our-people/patrick-g-murphy) [![](https:///Data/Accounts/Files/1/29ae22f13cdc423acbacd08aa6673fbe-GP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/george-pappas) ####Contact an Attorney For additional information regarding Barrett McNagny's Trademarks area of practice, please contact one of the attorneys listed below: [John C. Barce](https:///our-people/john-c-barce)[Patrick G. Murphy](https:///our-people/patrick-g-murphy)[George Pappas](https:///our-people/george-pappas) # Trade Secrets | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/trade-secrets ## Practice Areas #Trade Secrets Trade secrets can include customer lists, formulas, manufacturing methods and techniques and marketing information and methodology which are protected by maintaining them confidential. We can advise you about best trade secret protection practices and draft confidentiality and non-disclosure agreements as needed, and can assist you in enforcing your agreements. ##Contact Our Team Contact our [Intellectual Property team](https://www.barrettlaw.com/practice-areas/intellectual-property-law) by clicking on their photo below to help protect your trade secrets today. [![](https:///Data/Accounts/Files/1/179698e5bb72c482233d5e526b00c971-JCB2025Name-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce) [![](https:///Data/Accounts/Files/1/7e004acc24ef2f0e7d8c8499352ceb8e-CF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/connor-fleck) [![](https:///Data/Accounts/Files/1/f8d7b4028cf8acdc29874973b2a85bef-PAT2025Name-min.jpg)](https://www.barrettlaw.com/our-people/patrick-g-murphy) [![](https:///Data/Accounts/Files/1/cf7d19787d5d8bd94dbc76acfd158bf1-GP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/george-pappas)[![](https:///Data/Accounts/Files/1/06b80a56569ec155b85626ea00530435-WAR2025Name-min.jpg)](https://www.barrettlaw.com/our-people/william-a-ramsey) ####Contact an Attorney For additional information regarding Barrett McNagny's Trade Secrets area of practice, please contact one of the attorneys listed below: [John C. Barce](https:///our-people/john-c-barce)[Patrick G. Murphy](https:///our-people/patrick-g-murphy)[George Pappas](https:///our-people/george-pappas)[William A. Ramsey](https:///our-people/william-a-ramsey) # Copyrights | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/copyrights ## Practice Areas #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. ##Contact Our Team Contact a member of Barrett McNagny's [Intellectual Property](https://www.barrettlaw.com/practice-areas/intellectual-property-law) team to discuss how to protect your original work. [![](https:///Data/Accounts/Files/1/8302ed3192df75f33de28df973504ee4-JCB2025Name-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce) [![](https:///Data/Accounts/Files/1/a608c6c85482f95043dcf1093b107a22-CF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/connor-fleck) [![](https:///Data/Accounts/Files/1/8397201ed47f2151665a5fd3c3620b8b-PAT2025Name-min.jpg)](https://www.barrettlaw.com/our-people/patrick-g-murphy) [![](https:///Data/Accounts/Files/1/50cd76eb249d9a039cc36a2b16ec9720-GP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/george-pappas) ####Contact an Attorney For additional information regarding Barrett McNagny's Copyrights area of practice, please contact one of the attorneys listed below: [John C. Barce](https:///our-people/john-c-barce)[Patrick G. Murphy](https:///our-people/patrick-g-murphy)[George Pappas](https:///our-people/george-pappas) ####Blog Visit the [Intellectual Property Law blog ](https://www.barrettlaw.com/blog/intellectual-property-law)for information on copyrights, trademarks and patents. # Patents | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/patents ## Practice Areas #Patents Patents protect inventions such as new or improved machines, processes and ornamental designs. Patents give the owner the exclusive right to make, use and sell the patented invention. We can assist you in strategically evaluating and patenting your inventions, and enforcing and licensing your patents in the U.S. and internationally. We also can advise you in evaluating competitor patents to avoid infringement and design competitive products. ##Contact Our Patent Attorneys [![](https:///Data/Accounts/Files/1/868503455defcf022fbdfa171756b2cd-CF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/connor-fleck) [![](https:///Data/Accounts/Files/1/774aec4dc62c4241cb1dbee7ef68a462-GP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/george-pappas) ####Contact an Attorney For additional information regarding Barrett McNagny's Patents area of practice, please contact one of the attorneys listed below: [George Pappas](https:///our-people/george-pappas) # Economic Development and Real Estate | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/economic-development-and-real-estate ## Practice Areas #Economic Development and Real Estate Our Real Estate and Economic Development team guides clients through the new development or redevelopment process by helping to acquire real estate, and assisting businesses to access appropriate state, regional, and local agencies and economic development entities concerning available economic development incentives and grants. Our team works to secure funding through federal and state tax credit programs to help clients get their projects to completion. [![](https:///Data/Accounts/Files/1/1487fa9415c8926e5473bce0d15b2b50-ContactAttorneyButton.png)](https:///contact-us) ##Our Experience Our lawyers are experienced in navigating the regulatory environment affecting the redevelopment of improved real estate or the development of unimproved land for multi-use commercial projects, shopping centers, industrial projects, and office parks. This requires an understanding and knowledge of all aspects of land use planning such as zoning, subdividing, annexation, eminent domain, environmental law, and applicable federal, state, and local permitting requirements. We have worked with clients to secure funding through the New Markets Tax Credits federal program and have assisted in several projects that utilized the Community Revitalization Enhancement District (CReED) Tax Credits. Our team also has experience helping companies receive the Industrial Recovery Tax Credits (DINO tax credit) for projects that rehabilitated industrial facilities. ##Contact our Team Contact a member of our Economic Development and Real Estate team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/194f20780651980aaceccc9a7410b12b-BNB25Name-min.jpg)](https://www.barrettlaw.com/our-people/benjamin-n-bailey) [![](https:///Data/Accounts/Files/1/232fe5460e716edabbd9b60c09491a8c-REF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/richard-e-fox) [![](https:///Data/Accounts/Files/1/4c4f979ed5c348a60bcf4dab76192bd6-TEL2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-e-ludwiski) [![](https:///Data/Accounts/Files/1/9dcbbf62c270b54e4e3f75cf29895dde-JCN2025Name-min.jpg)](https://www.barrettlaw.com/our-people/joshua-c-neal) [![](https:///Data/Accounts/Files/1/801ad9cce7ee57e7071f590b0f3967c2-TMN2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-m-niezer) ####Contact an Attorney For additional information regarding Barrett McNagny's Economic Development and Real Estate area of practice, please contact one of the attorneys listed below: [Benjamin N. Bailey](https:///our-people/benjamin-n-bailey)[Richard E. Fox](https:///our-people/richard-e-fox)[Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)[Joshua C. Neal](https:///our-people/joshua-c-neal)[Thomas M. Niezer](https:///our-people/thomas-m-niezer) ####Blog Visit our [Economic Development Financing blog ](https://www.barrettlaw.com/blog/finance)for more information about financing options. Read the "[Trends in Industry"](https://www.barrettlaw.com/trends-in-industry-in-allen-county) paper which discusses the [past](https://www.barrettlaw.com/history-trends-in-industry-allen-county), [present ](https://www.barrettlaw.com/current-trends-in-industry-in-allen-county)and [future economic development opportunities ](https://www.barrettlaw.com/future-trends-in-industry-in-allen-county)in Fort Wayne and Allen County. # Business and Commercial Litigation | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/business-and-commercial-litigation ## Practice Areas #Business and Commercial Litigation ##**Has Your Company Been Sued?** Barrett McNagny can help you through the steps required to protect your business in the event of a lawsuit. If your company is sued, you should: - Take the complaint seriously - Contact a litigation attorney and your insurance company - Do not attempt to represent your company yourself or through a non-lawyer employee - Be aware of deadlines to respond [![](https://www.barrettlaw.com/Data/Accounts/Files/1/29c3c6b877502037bb70365db1d41c81-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) Commercial litigation is a core competency at Barrett McNagny. Since 1876, our experienced trial attorneys have represented clients of all sizes, from public corporations to small businesses, sole proprietorships, and entrepreneurs. ##**How to Find a Business Litigation Attorney?** Our trial attorneys have extensive experience both in and out of the courtroom, and regularly advise clients before litigation ever begins. Our commercial litigators practice in state and federal courts at both the trial and appellate levels. We handle business-related cases in a variety of areas including: - Contract DisputesPartnership and Joint Venture AgreementsAgency IssuesShareholder DisputesOfficer/Director Fiduciary Duty or Other Liability ClaimsEmployment-Related Issues - Ex. Non-Compete Agreements & Wrongful Termination ClaimsProfessional Liability ClaimsProperty & Real Estate DisputesZoning IssuesSecurities FraudSales and Warranty CasesSecured Transactions [![](https://www.barrettlaw.com/Data/Accounts/Files/1/11f151d26e71b0bf1066584f811d34e7-Schedule-Appt-Button-small.png)](https://www.barrettlaw.com/contact-us) ##Contact Our Team Contact a member of our Business and Commercial Litigation team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/bc871fecbbf7e9bfdd6051a69858efc4-DavidBenderName.jpg)](https://www.barrettlaw.com/our-people/david-p-bender) [![](https:///Data/Accounts/Files/1/bc95dd2a35611b406e165ab9071105ef-HJC2025Name-min.jpg)](https://www.barrettlaw.com/our-people/h-joseph-cohen) [![](https:///Data/Accounts/Files/1/f78ffb7e3e4bda0987432f49adf3dc15-KKF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) [![](https:///Data/Accounts/Files/1/7fac1889cc8456507db29a68acf4b307-BDI2025Name-min.jpg)](https://www.barrettlaw.com/our-people/benjamin-d-ice) [![](https:///Data/Accounts/Files/1/3b8b7365c36c493f923e1273edbd9b32-RTK2025Name-min.jpg)](https://www.barrettlaw.com/our-people/robert-t-keen-jr) [![](https:///Data/Accounts/Files/1/f833d14ee255a56ac39b7b8748f653b1-TMK2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) [![](https:///Data/Accounts/Files/1/767b72e89af70d095bb65d614187017b-MHM2025Name-min.jpg)](https://www.barrettlaw.com/our-people/michael-h-michmerhuizen) [![](https:///Data/Accounts/Files/1/3dbd26b2428ca448b8e724f46a502c86-PAT2025Name-min.jpg)](https://www.barrettlaw.com/our-people/patrick-g-murphy) [![](https:///Data/Accounts/Files/1/d9d288a05cacda7e1bee052008b03e10-SN2025Namemin.jpg)](https://www.barrettlaw.com/our-people/stephanie-nuevo) [![](https:///Data/Accounts/Files/1/24a6d7dae9507d9eac35265e739171b3-JJO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/james-j-oconnor) [![](https:///Data/Accounts/Files/1/2e55b277bfaf3a0cf49a78860dee5135-CWP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/caleb-w-peery) [![](https:///Data/Accounts/Files/1/61288957857f03cab28d225a6c57256d-DCP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/david-c-pricer) [![](https:///Data/Accounts/Files/1/1d603bd3235411536e104be69935159a-WAR2025Namemin.jpg)](https://www.barrettlaw.com/our-people/william-a-ramsey) [![](https:///Data/Accounts/Files/1/310e2010154d7084466ccfc5fda03a5d-CHR2025Name-min.jpg)](https://www.barrettlaw.com/our-people/carta-h-robison) [![](https:///Data/Accounts/Files/1/00eca61b0a893cf95178d52e04ff5da4-SLS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/sarah-l-schreiber) [![](https:///Data/Accounts/Files/1/7e6ccb79667c6a45e4f2277befa66700-CMS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/cathleen-m-shrader) [![](https:///Data/Accounts/Files/1/b1ed31ae5afc7febafbadc8d873990bf-AMS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/anthony-m-stites) [![](https:///Data/Accounts/Files/1/59c82313323a84828ed7496af128332c-AMBest2026Logo.png)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264) [![](https:///Data/Accounts/Files/1/7c928bcab8c62aa1118385d5d57afb77-Attorneys_2026_GOLD_ANNIVERSARY_75_YEARS_WEB.png)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264) ####Contact an Attorney For additional information regarding Barrett McNagny's Business and Commercial Litigation area of practice, please contact one of the attorneys listed below: [David P. Bender](https:///our-people/david-p-bender)[H. Joseph Cohen](https:///our-people/h-joseph-cohen)[Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)[Benjamin D. Ice](https:///our-people/benjamin-d-ice)[Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)[Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)[Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)[Patrick G. Murphy](https:///our-people/patrick-g-murphy)[James J. O'Connor](https:///our-people/james-j-oconnor)[Caleb W. Peery](https:///our-people/caleb-w-peery)[David C. Pricer](https:///our-people/david-c-pricer)[William A. Ramsey](https:///our-people/william-a-ramsey)[Carta H. Robison](https:///our-people/carta-h-robison)[Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)[Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)[Anthony M. Stites](https:///our-people/anthony-m-stites) # Insurance Defense | Barrett McNagny LLP Source: https://www.barrettlaw.com/practice-areas/insurance-defense ## Practice Areas #Insurance Defense The experienced litigators at Barrett McNagny have earned a reputation for providing high-quality and efficient representation to national, regional, and specialized insurance companies. Our attorneys have extensive experience in handling a wide range of insurance defense matters, including auto and home claims, personal injury, property damage, premises liability, coverage disputes, and bad faith. We also work with insurers on medical malpractice and worker’s compensation claims, intellectual property issues, and professional liability matters. At both the trial and appellate levels, the attorneys comprising Barrett’s insurance defense group have handled thousands of cases with many favorable verdicts and judgments and numerous reported decisions in the State and Federal courts Whether a case proceeds through an alternative dispute resolution mechanism such as mediation or arbitration or whether it goes to trial before a judge or jury (and potentially to an appellate court,) our litigators are prepared to defend insured individuals and insurance companies in any forum. ##Our Approach Our attorneys work alongside an experienced paralegal team, whose members are skilled and efficient in handling insurance defense and coverage dispute cases. We understand that it is important to be able to contact someone when issues arise, and our team is committed to providing clients with a result-driven approach through professional service and communication. For over 75 years Barrett McNagny has been listed by the [A.M. Best Company](https://www.ambest.com/home/default.aspx) as a “Client Recommended Insurance Attorney,” and our attorneys are members of a variety of organizations specific to the litigation area, including the Defense Research Institute and the Defense Trial Counsel of Indiana. Among our litigators are two Fellows in the America College of Trial Lawyers and partners in our insurance defense practice group who have spoken at state, national, and international seminars. ###Listing of Our Insurance Clients: - [ACE Westchester Specialty Group](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=18247) - [Admiral Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=003026) - Aetna Insurance Company - Aetna Life and Casualty Company - [AIG](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=018540) - [Allied Group Insurance](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=01772) - [Allstate Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=002017) - [American Home Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=06065) - American Specialty Insurance & Risk Services, Inc. - [Auto-Owners Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00188) - [Canal Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00234) - [Celina Group](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00244) - [Central Mutual Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02081) - [Cherokee Guarantee Company Inc a RRG](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=014982) - Chicago Motor Club Insurance Company - [Church Mutual Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00259) - Cincinnati Insurance Co. - [Cincinnati Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00258) - [Citizens Insurance Company of America](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00264) - [CNA Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=18313) - Disability Insurance Specialists, LLC - [EMC Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00346) - EMPAC RRG - [Erie Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=04272) - [Everest National Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02799) - Farm Bureau Insurance Company - [Farmers Insurance Group](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00032) - [Fireman's Fund Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02179) - [Foremost Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00400) - [Fort Wayne Medical Surety Company RRG](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=013891) - [Frankenmuth Mutual Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00402) - [GEICO](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=01852) - [Government Employees Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02205) - GRE Insurance Group - The Hanover Insurance Company - [Harco National Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00960) - [The Hartford Insurance Group](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00048) - [Hastings Mutual Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00464) - [Illinois Casualty Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00492) - [Indiana Farm Bureau](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=70368) - [Indiana Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02254) - [Indiana Lumbermens Mutual Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00508) - [Indiana University Health Risk Retention Group](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=%20076601) - [Interinsurance Exchange of the Automobile Club](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00186) - Interstate Assurance Company - K & K Insurance Group, Inc. - [Lancer Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02641) - [Lincoln National Life Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=06664) - [Madison National Life Insurance Company, Inc.](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=06678) - [Markel Southwest](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=58405) - [The Medical Protective Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00591) - [MetLife Auto & Home](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=03933) - [Metropolitan Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02866) - MMIC Group - [National Interstate Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=10829) - [Nationwide Insurance](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02513) - [Nautilus Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=01990) - OccuSure Workers' Compensation Specialist - [Pafco General Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00262) - [Pekin Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02396) - [Philadelphia Insurance Companies](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=18667) - [ProAssurance Corporation](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=50660) - [Progressive Casualty Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02407) - [Prudential Insurance Company of America](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=06974) - Prudential Property and Casualty Insurance Company - [Reliant American Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=12312) - [Sagamore Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=01840) - [Selective Insurance Company of America](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00826) - [Sentry Insurance a Mutual Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02466) - [Shelter Mutual Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02319) - [Standard Security Life Insurance Company of New York](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=07075) - [State Auto Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00856) - [State Farm Fire and Casualty Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02477) - [State Farm Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02479) - Trident Insurance - [United National Group](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=02955) - United States Liability Insurance - [Unitrin Property and Casualty Insurance Group](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00914) - [Westfield Companies](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00730) - [Zurich Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=85095) Lead Counsel for - [Brotherhood Mutual Insurance Company](https://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=00221) ##Contact Our Team Contact a member of our Litigation team by clicking on their picture below. [![](https:///Data/Accounts/Files/1/d30a485a8a2e79349febb4c29dfc34ca-HJC2025Name-min.jpg)](https://www.barrettlaw.com/our-people/h-joseph-cohen) [![](https:///Data/Accounts/Files/1/d994518b2f2dd3d003f89d1a62385b43-KKF2025Name-min.jpg)](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) [![](https:///Data/Accounts/Files/1/d1bc3f676622a751bd8765f4e4e4ee87-BDI2025Name-min.jpg)](https://www.barrettlaw.com/our-people/benjamin-d-ice) [![](https:///Data/Accounts/Files/1/e0bb0b1abf929ed809ed0bcbf6050a22-RTK2025Name-min.jpg)](https://www.barrettlaw.com/our-people/robert-t-keen-jr) [![](https:///Data/Accounts/Files/1/e73535fc35422398bde9f5338c41eb6d-TMK2025Name-min.jpg)](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) [![](https:///Data/Accounts/Files/1/e55501063d99b6053787f7a71aca6e18-MHM2025Name-min.jpg)](https://www.barrettlaw.com/our-people/michael-h-michmerhuizen) [![](https:///Data/Accounts/Files/1/4f67f4b2b92a8bd5aeb160f9f979106a-PAT2025Name-min.jpg)](https://www.barrettlaw.com/our-people/patrick-g-murphy) [![](https:///Data/Accounts/Files/1/af021662a22b170f6428132cecea4245-JJO2025Name-min.jpg)](https://www.barrettlaw.com/our-people/james-j-oconnor) [![](https:///Data/Accounts/Files/1/f03fddbf4105c2854f23c5e4372c3ba7-CWP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/caleb-w-peery) [![](https:///Data/Accounts/Files/1/c4de830b26c49b988741fa758dba51ad-DCP2025Name-min.jpg)](https://www.barrettlaw.com/our-people/david-c-pricer) [![](https:///Data/Accounts/Files/1/07f91c72d121220cb18839d3f8062f85-WAR2025Name-min.jpg)](https://www.barrettlaw.com/our-people/william-a-ramsey) [![](https:///Data/Accounts/Files/1/a74f3fabb5adfb2e93d78e2976787b2a-CHR2025Name-min.jpg)](https://www.barrettlaw.com/our-people/carta-h-robison) [![](https:///Data/Accounts/Files/1/4fa499722ab3f6b085f68e4527f0f283-SLS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/sarah-l-schreiber) [![](https:///Data/Accounts/Files/1/a2076a3905b077131c687ba543a5f814-CMS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/cathleen-m-shrader) [![](https:///Data/Accounts/Files/1/a83dbc4357e478eb233973f62afbf153-AMS2025Name-min.jpg)](https://www.barrettlaw.com/our-people/anthony-m-stites) [![](https:///Data/Accounts/Files/1/60a19c3b165c5361999896c0952e0e8e-Attorneys_2025_GOLD_ANNIVERSARY_75_YEARS_WEB-04.png)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264) ####Contact an Attorney For additional information regarding Barrett McNagny's Insurance Defense area of practice, please contact one of the attorneys listed below: [David P. Bender](https:///our-people/david-p-bender)[H. Joseph Cohen](https:///our-people/h-joseph-cohen)[Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)[Benjamin D. Ice](https:///our-people/benjamin-d-ice)[Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)[Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)[Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)[Patrick G. Murphy](https:///our-people/patrick-g-murphy)[Caleb W. Peery](https:///our-people/caleb-w-peery)[David C. Pricer](https:///our-people/david-c-pricer)[William A. Ramsey](https:///our-people/william-a-ramsey)[Carta H. Robison](https:///our-people/carta-h-robison)[Anthony M. Stites](https:///our-people/anthony-m-stites) # Mark H. Bains : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/mark-h-bains ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Bains, Mark H. ##Partner **Phone:**[260.423.8902](https://tel:+12604238902) **Fax:** 260.423.8920 **Email:**[mhb@barrettlaw.com](https://mailto:mhb@barrettlaw.com) Support Team Paralegal & Legal Assistant: [Kay E. Cummings](https:///our-staff/kay-e-cummings) [](https://www.linkedin.com/in/markhbains) ![](https:///Cache/b8364a4acac7d8b5803ad065c7efae47-482-Width-1-0-CenterCenter.jpg) #Bains, Mark H. ##Partner ###Practice Areas: [Real Estate Law](https:///practice-areas/real-estate-law)[Litigation Services](https:///practice-areas/litigation-services) ####Profile Mark Bains represents clients in a variety of real estate matters including acquisitions and dispositions, leasing, and zoning and land use matters. In addition, Mark focuses his practice on various types of real estate litigation, including disputes related to purchase agreements, lease agreements, and eminent domain actions. Mark also handles construction law matters, where he represents residential and commercial contractors in the process of negotiating and drafting construction contracts, mechanic’s lien preparations and foreclosures, contract disputes, defective workmanship claims, and collection actions. [![](https:///Data/Accounts/Files/1/67b2914f3ba5c22dff4b346d1483fff6-40Under40.png)](https://www.fwbusiness.com/fwbusiness/article_b9846faa-c309-5a43-b0d9-20bf01122438.html) [![](https:///Data/Accounts/Files/1/40543979be81a84979b57d6896d95b83-Mark_H_Bains_PR_null_200(1).png)](https://www.martindale.com/attorney/mark-h-bains-45612635/) [](https://http://www3.ambest.com/DPSDirectorySearch/CompanyDisplay.aspx?dpid=11264&nid=1) ####Professional Honors - Inclusion since 2020 in the [Best Lawyers® in America ](https://www.bestlawyers.com/lawyers/mark-h-bains/250795)publication in the areas of Real Estate Law and Litigation-Real Estate. - Selected a “Rising Star” by the [Indiana Super Lawyers©](https://profiles.superlawyers.com/indiana/ft-wayne/lawyer/mark-h-bains/94f214e9-52ab-49e7-a9e8-f3857607fc13.html) publication, 2017-2019 - Named by [Greater Fort Wayne Business Weekly of 2021 Forty Under 40](https://www.fwbusiness.com/fwbusiness/article_b9846faa-c309-5a43-b0d9-20bf01122438.html) award recipient ####Articles, Professional and Community Involvement **Articles** - [Indiana Mechanic’s Liens: Key Timeframes and the Subcontractor Personal Liability Notice](https://www.barrettlaw.com/blog/real-estate/indiana-mechanics-liens-key-timeframes-and-the-subcontractor-personal-liability-notice) - [Seller Beware: Understanding the Obligations of a Seller of Residential Real Estate under Indiana Law](https://www.barrettlaw.com/blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law) **Professional & Community Involvement** - Past Board Member, [Emmanuel St. Michael Lutheran School](https://www.esmeagles.com/about/school-board) - Past Board Member, Habitat for Humanity of Greater Fort Wayne - Past Board Member, YLNI (Young Leaders of Northeast Indiana) ####Bar and Court Admissions - Indiana - Ohio - U.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.A., cum laude, Wabash College - Awarded Presidential Scholarship Received the Irwin-Garrard AwardMember of the Wabash College football teamJ.D., cum laude, Indiana University Maurer School of Law, Bloomington # John C. Barce : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/john-c-barce ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Barce, John C. ##Partner **Phone:**[260.423.8889](https://tel:+12604238889) **Fax:** 260.423.8920 **Email:**[jcb@barrettlaw.com](https://mailto:jcb@barrettlaw.com) Support Team Paralegal: [Brittany M. Bruick](https:///our-staff/brittany-m-bruick) Legal Assistant: [Courtney L. Cole](https:///our-staff/courtney-l-cole) [](https://www.linkedin.com/pub/john-barce/5/856/219) ![](https:///Cache/6953a4d0392c6e39e4ef0711838d7bfd-482-Width-1-0-CenterCenter.jpg) #Barce, John C. ##Partner ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Tax Law and Taxation](https:///practice-areas/tax-law-and-taxation)[Corporate and Business Law](https:///practice-areas/business-law)[Estate Planning and Administration](https:///practice-areas/estate-planning)[Biotechnology Law](https:///practice-areas/biotechnology-law)[Intellectual Property Law](https:///practice-areas/intellectual-property-law)[Trade Secrets](https:///practice-areas/trade-secrets)[Copyrights](https:///practice-areas/copyrights)[Trademarks](https:///practice-areas/trademarks) ####Profile Attorney John Barce focuses his practice on business transactions, federal and state taxation, charitable planning, estate and business succession planning, intellectual property and biotechnology licensing. ####Professional Honors - AV® Preeminent™ rated attorney based on Martindale-Hubbell peer review ratingsListed since 2016 in the [Best Lawyers in America®](https://www.bestlawyers.com/lawyers/john-c-barce/188310) publication in the areas of corporate law, business organizations (including LLCs and Partnerships), closely held companies and family businesses law. Recognized by [Best Lawyers in America](https://www.bestlawyers.com/lawyers/john-c-barce/188310) as "Lawyer of the Year," Fort Wayne in: - Business Organizations (including LLCs and partnerships), 2023 & 2025Corporate Law, 2024 * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Professional and Community Involvement - Member of the Indiana State Bar Association - Past Chair Tax SectionMember of the Allen County Bar Association - Chair of the Business Law SectionCo-founder and director of the NeighborLink Fort Wayne FoundationMember, BCS Foundation Board of Directors ####Bar and Court Admissions - Indiana U.S. Tax CourtU.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.S., with high distinction, Indiana University School of Business J.D., cum laude, Indiana University School of Law [![](https://www.barrettlaw.com/Data/Accounts/Files/1/5e03f1fad086095ec0b6a7f8f7da0712-John_C_Barce_PR_AV_200(2).png)](https://www.martindale.com/attorney/john-c-barce-975445/) # H. Joseph Cohen : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/h-joseph-cohen ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Cohen, H. Joseph ##Partner **Phone:**[260.423.8861](https://tel:+12604238861) **Fax:** 260.423.8920 **Email:**[hjc@barrettlaw.com](https://mailto:hjc@barrettlaw.com) Support Team Paralegal: [Danielle A. Southerland](https:///our-staff/danielle-a-southerland) Legal Assistant: [Legal Assistant](https:///our-staff/legal-assistant) [](https://www.linkedin.com/in/joe-cohen-2946ba10/) ![](https:///Cache/12df2cb6638ffe6d8a6527c057f649f3-482-Width-1-0-CenterCenter.jpg) #Cohen, H. Joseph ##Partner ###Practice Areas: [Labor Relations and Employment Law](https:///practice-areas/labor-relations-and-employment-law)[Health Care Law](https:///practice-areas/health-care-law)[Litigation Services](https:///practice-areas/litigation-services)[Biotechnology Law](https:///practice-areas/biotechnology-law)[Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Insurance Defense](https:///practice-areas/insurance-defense) ####Profile H. Joseph Cohen works with clients in the areas of labor and employment matters and litigation including insurance defense. Concentrating on health care providers, his practice works with hospitals, physician offices, dentists, and doctors on their employment law needs. He has extensive experience in defending all types of employment claims, including those based on race, sex, national origin, religion, and sexual harassment. His experience also includes handling insurance defense claims. He is a frequent speaker on labor and employment topics and has presented more than 100 lectures/seminars to statewide and local audiences. **** ####Professional Honors - AV Preeminent™ rated attorney by Martindale-Hubbell peer review ratings. - Listed since 2021 in the Best Lawyers® in America publications in the areas of labor law- management, employment law- management and health care law. - Listed since 2024 in the Indiana Super Lawyers publication in the area of employment and labor law. - Recipient of the 2021 Monsignor Thiele Award for his work with the United Way of Allen County. - Recipient of the Greater Fort Wayne Business Weekly "40 Under 40" award. * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Articles, Professional and Community Involvement **Articles** - [FTC Issues Ruling on Banning Non-Competes](https://www.barrettlaw.com/blog/labor-and-employment-law/ftc-issues-ruling-on-banning-non-competes) - [U.S. Department of Labor Clarifies when Interns Working at For-Profit Employers Are Subject to the Fair Labor Standards Act](https://www.barrettlaw.com/blog/labor-and-employment-law/us-department-of-labor-clarifies-when-interns-working-at-for-profit-employers-are-subject-to-the-fair-labor-standards-act) **Professional & Community Involvement** - Allen County Bar Indiana State Bar AssociationMember, Hope's Harbor (formerly the Mad Anthonys Children's Hope House) Board of Directors - President, 2022; Vice-president, 2021Member, Easterseals Arc of Northeast Indiana Board of Directors - Board Chair, 2021Member, Fort Wayne Urban League Board of DirectorsFormer member, United Way of Allen County Board of Directors - Appointed to the Indiana University - Fort Wayne School of Nursing External Advisory Board. ####Bar and Court Admissions - Indiana - U.S. Court of Appeals for the Sixth Circuit - U.S. Court of Appeals for the Seventh Circuit - U.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.S., Law and Public Policy, Indiana University, Bloomington - J.D., Indiana University School of Law, Indianapolis [![](https:///Data/Accounts/Files/1/371027ea1b23b8daaf9e9822c071b833-mybadge(3).png)](https://profiles.superlawyers.com/indiana/ft-wayne/lawyer/h-joseph-cohen/463614fa-5c2e-49d5-a45c-b0902ea70708.html) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/7941892e859f44d2f5f4cead3cedb56a-H_Joseph_Cohen_PR_AV_250.png)](https://www.martindale.com/attorney/h-joseph-cohen-975520/) [![](https://www.ambest.com/directory/mainimages/ATTY.jpg)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1) # Kevin K. Fitzharris : Partner | Registered Civil Mediator | Arbitrator | Special Master | Neutral Evaluator | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/kevin-k-fitzharris ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Fitzharris, Kevin K. ##Partner | Registered Civil Mediator | Arbitrator | Special Master | Neutral Evaluator **Phone:**[260.423.8874](https://tel:+12604238874) **Fax:** 260.423.8920 **Email:**[kkf@barrettlaw.com](https://mailto:kkf@barrettlaw.com) Support Team Legal Assistant: [Rhonda M. Conrad](https:///our-staff/rhonda-m-conrad) Paralegal: [Rachel L. Tucker](https:///our-staff/rachel-l-tucker) [](https://www.linkedin.com/in/kevinfitzharris) ![](https:///Cache/ce4a62949d22898d4f81c0ede317f97b-482-Width-1-0-CenterCenter.jpg) #Fitzharris, Kevin K. ##Partner | Registered Civil Mediator | Arbitrator | Special Master | Neutral Evaluator ###Practice Areas: [Alternative Dispute Resolution](https:///practice-areas/alternative-dispute-resolution)[Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Insurance Defense](https:///practice-areas/insurance-defense)[Litigation Services](https:///practice-areas/litigation-services) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/567469595?badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/567469595?badge=0&autopause=0&player_id=0&app_id=58479) Kevin K. Fitzharris, is a registered civil mediator who concentrates his litigation practice in the areas of alternative dispute resolution (ADR) and litigation services. He spends most of his time serving as a mediator to help individuals and entities resolve their disputes before filing suit or before trial. With over thirty-three years of litigation experience, Kevin has mediated thousands of cases and has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. #### ####Mediation Recognition Member, [The National Academy of Distinguished Neutrals (NADN)](https://nadn.org/kevin-fitzharris) - The NADN is a professional association whose membership of ADR professionals distinguished by their hands-on experience in the fields of civil and commercial conflict resolution. Membership is by invitation only and all Academy members have been thoroughly vetted and found to meet stringent practice standards. Members are amongst the most in-demand neutrals in their respective states, as selected by their peers and approved by federal and state judges and litigators.Judge for the “International Intercollegiate Mediation Tournament", November 7-9, 2024.Speaker at the "Master Series" for Indiana Continuing Legal Education Forum's Advanced Civil Mediation program, July 2024. Speaker at the Advanced Civil Mediation Seminar hosted by the Indiana Trial Lawyers Association in Indianapolis, April 2023. ####Professional Honors and Involvement ###Professional Honors Inducted Member, [American Board of Trial Advocates](https://www.abota.org/) - Membership is by invitation only after the applicant has completed numerous jury and bench trials and this trial work has been thoroughly vetted by the Board.Fellow, [Litigation Counsel of America](https://www.litcounsel.org/)AV® Preeminent* rated attorney based on Martindale-Hubbell peer review ratingsListed since 2016 in the Indiana Super Lawyers® publication Listed since 2019 in [The Best Lawyers in America®](https://www.bestlawyers.com/lawyers/kevin-k-fitzharris/204465)publication ###Professional Involvement - Elected Member, Board of Governors, Indiana State Bar AssociationIndiana Supreme Court's Committee on Character and FitnessFederal Court Merit Selection Panel for the United States Magistrate Judges - Northern District of Indiana, Fort Wayne DivisionAllen County Judicial Nominating CommissionDefense Trial Counsel of IndianaDefense Research InstituteAmerican Inns of CourtMember, American Bar AssociationMember, Indiana State Bar Association - Indiana State Bar Association ADR Leadership CouncilMember, Allen County Bar Association - Co-chair, Alternative Dispute Resolution SectionMember, Elder Board, Emmanuel Community ChurchMember, Christian Legal Society * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Articles & Seminars ###Articles - [The Top Ten Most Common Frustrations of Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/the-top-ten-most-common-frustrations-of-mediation) - [Mediation: What is it and how does it work?](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work) - [What is Alternative Dispute Resolution?](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution) - [What Happens Before Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) - [What Happens At Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) - [What Happens After Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) ###Headlines - Featured in the article "[What are Essential Skills for a Mediator?](https://mediatorexperts.com/qa/what-are-essential-skills-for-a-mediator )" by Mediator Experts.com. ###Seminars Presented over 40 seminars on ADR and litigation-related topics ranging from "Zoom Mediations", "How the Pandemic is Affecting ADR", and “Top 10 Tips for a Successful Mediation”, to trial tactics and legal updates in the litigation arena. He has spoken at the: - International Association of Insurance Professionals, Heidelberg, Germany, - Indiana Continuing Legal Education Forum, - Indiana Trial Lawyers Association, - American Inns of Court, and - Allen County Bar Association. ####Court Admissions & Education ###Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana - U.S. Court of Appeals for the Seventh Circuit ###Education - B.A., with distinction, Purdue University - J.D., University of Notre Dame #### [This is a link to the original iframe source: https://www.nadn.org/largecalendar/678695672](https://www.nadn.org/largecalendar/678695672) ![](https://www.barrettlaw.com/Data/Accounts/Files/1/a9720c04bd733db6bfb9fb315f768023-NADNBanner-IN-KevinFitzharris.jpg) [![](https:///Data/Accounts/Files/1/340535675a65a5108f57f9ced270c8d8-image001.png)](https://www.abota.org/) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/8aabf7e13bc4a1a8adcc2b2c0734501f-Kevin_K_Fitzharris_PR_AV_250.png)](https://www.martindale.com/attorney/kevin-k-fitzharris-975514/) [![](https://www.ambest.com/directory/mainimages/ATTY.jpg)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1) [![](https:///Data/Accounts/Files/1/3189cd630806d70087e95ae1f674c5d4-mybadge(5).png)](https://profiles.superlawyers.com/indiana/ft-wayne/lawyer/kevin-k-fitzharris/6db15e84-0da1-4bf8-a15e-16b474f39942.html) # Richard E. Fox : Retired Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/richard-e-fox ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Fox, Richard E. ##Retired Partner **Phone:**[260.423.8913](https://tel:+12604238913) **Fax:** 260.423.8920 **Email:**[ref@barrettlaw.com](https://mailto:ref@barrettlaw.com) Support Team Paralegal & Legal Assistant: [Kay E. Cummings](https:///our-staff/kay-e-cummings) [](https://www.linkedin.com/in/richard-fox-95b4b299/) ![](https:///Cache/fd6bce54aaf993cf47c1615e37b3b7fc-482-Width-1-0-CenterCenter.jpg) #Fox, Richard E. ##Retired Partner ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Tax Law and Taxation](https:///practice-areas/tax-law-and-taxation)[Economic Development and Real Estate](https:///practice-areas/economic-development-and-real-estate)[Public Finance Law](https:///practice-areas/public-finance-law)[Environmental Law](https:///practice-areas/environmental-law) ####Profile Richard Fox has, for over 35 years, counseled employers, lenders, developers and governmental entities with regard to various and complex financing arrangements for public-private partnership projects, including the use of federal, state and local incentives, such as New Markets, low-income housing and historic Tax Credits, Indiana state Tax Credits such as Community Revitalization Enhancement District (CReED) and Industrial Recovery (Dino) Tax Credits and local economic development bond financing supported by tax incremental financing (TIF) revenues and other available sources of public funds. Mr. Fox has also served as bond counsel, borrower’s counsel, underwriter’s counsel, and issuer’s counsel in taxable and tax-exempt bond and note issues for public and private issuers. ####Professional Honors - Since 2015 listed in the [Best Lawyers in America®](https://www.bestlawyers.com/lawyers/richard-e-fox/155539) publication in the areas of banking and finance law, commercial finance and corporate law. - Selected by his peers for inclusion in The Best Lawyers in America® 2017 as “Lawyer of the Year,” Fort Wayne, in the area of Corporate Law. Selected by his peers for inclusion in 2019 & 2024 The Best Lawyers in America® as “Lawyer of the Year,” Fort Wayne, in the area of Banking and Finance Law.AV® Preeminent™ rated attorney by Martindale-Hubbell based on their peer review ratings. Received his Golden Career recognition by the Allen County Bar Association at their annual meeting in 2023. * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Articles, Professional and Community Involvement **Articles** - [A Role For Federal Tax Credits In The Redevelopment Of Economically Distressed Communities](https://www.barrettlaw.com/blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) **Professional & Community Involvement** - Member, Allen County Bar AssociationMember, Indiana State Bar AssociationMember, National Association of Bond LawyersMember, University of Saint Francis Board of Trustees - Vice-Chair, 2021 Member, Turnstone Center for Children & Adults with Disabilities, Inc. Board of Directors ####Bar and Court Admissions - Indiana state courtsU.S. District Courts for the Northern and Southern Districts of IndianaU.S. Court of Appeals for the Seventh Circuit ####Education - B.S., Industrial Engineering, Northwestern UniversityJ.D., cum laude, Indiana University School of Law, Bloomington - Note Editor, Indiana Law Journal [![](https://www.barrettlaw.com/Data/Accounts/Files/1/0b3a5a7c5bb0ece07f4cc35f37a95262-Richard_E_Fox_PR_AV_250.png)](https://www.martindale.com/attorney/richard-e-fox-975500/) # Thomas M. Kimbrough : . | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/thomas-m-kimbrough ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Kimbrough, Thomas M. ##. **Phone:**[260.423.8865](https://tel:+12604238865) **Fax:** 260.423.8920 **Email:**[tmk@barrettlaw.com](https://mailto:tmk@barrettlaw.com) Support Team Paralegal: [Oliana L. Nansen](https:///our-staff/oliana-l-nansen) Legal Assistant: [Alexandra S. Patino-Ramirez](https:///our-staff/alexandra-s-patino-ramirez) [](https://www.linkedin.com/pub/thomas-kimbrough/25/a14/417 ) ![](https:///Cache/6d83e7656bda53befb0042893ec940ed-482-Width-1-0-CenterCenter.jpg) #Kimbrough, Thomas M. ##. ###Practice Areas: [Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Insurance Defense](https:///practice-areas/insurance-defense)[Labor Relations and Employment Law](https:///practice-areas/labor-relations-and-employment-law)[Litigation Services](https:///practice-areas/litigation-services) ####Profile Thomas Kimbrough serves his clients by providing counseling and representation to union and non-union employers in every aspect of employee relations and employment law. He also exclusively represents, counsels, and defends corporations and professional organizations in various labor and employment cases. With more than 40 years of experience in defense of companies in discrimination and employment-related claims, Thomas also has extensive experience in handling other litigation claims. [This is a link to the original iframe source: https://www.youtube-nocookie.com/embed/Gz8Sqq7eUuk](https://www.youtube-nocookie.com/embed/Gz8Sqq7eUuk) [](https://http://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1/CompanyDisplay.aspx) ####Professional Honors Fellow, American College of Trial Lawyers - Limited to the top one percent of the total lawyer population in any state. Selected for inclusion in the [Best Lawyers® in America](https://www.bestlawyers.com/lawyers/thomas-m-kimbrough/173363)publication in the areas of Litigation-Insurance and Employment Law- Management. - Recognized as in 2018, 2023 and 2025 as Fort Wayne “Lawyer of the Year” for Litigation- Insurance by Best Lawyers® in America. Selected for inclusion since 2015 in the Indiana Super Lawyers publications.AV® Preeminent* rated attorney based on Martindale-Hubbell’s peer review ratings. First recipient of the David A. Bobilya Excellence in Non-Profit Leadership Award given by the Foellinger Foundation. Selected to be profiled for the Indiana Super Achiever series. * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Articles, Professional and Community Involvement **Articles** - [What is FMLA?](https://www.barrettlaw.com/blog/labor-and-employment-law/what-is-fmla) - [Respecting Employees’ Privacy Rights during an Internal Investigation](https://www.barrettlaw.com/blog/labor-and-employment-law/respecting-employees-privacy-rights-during-an-internal-investigation) - [Laws Impose an Affirmative Obligation to Investigate](https://www.barrettlaw.com/blog/labor-and-employment-law/laws-impose-an-affirmative-obligation-to-investigate) - [Post Internal Investigations Matters](https://www.barrettlaw.com/blog/labor-and-employment-law/post-internal-investigations-matters) - [Guidelines for Conducting an Internal Investigation](https://www.barrettlaw.com/blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation) - [Tips on Conducting an Internal Investigation for Human Resource Professionals](https://www.barrettlaw.com/blog/labor-and-employment-law/tips-on-conducting-an-internal-investigation-for-human-resource-professionals) **Professional & Community Involvement** - Member, National Council on Litigation Management - Member, Defense Trial Counsel of Indiana - Member, Indiana State Bar Association - Member, Labor and Employment Law section - Member, Allen County Bar Association - Member, Labor and Employment Law section - Member, Parkview Health Systems Board of Directors - Past President President, YMCA of Greater Fort Wayne Board of Directors - Member, Executive CommitteePresident, Turnstone Center for Children and Adults with Disabilities Board of Directors - Member, Withers Scholars Program Board of DirectorsFormer Member, Indiana Youth Institute Board of Directors - Past PresidentFormer Member, United Way of Allen CountyFormer Member, Community Foundation of Greater Fort Wayne Board of Directors - Member, Grant Review Committee ####Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana, - U.S. District Court for the Northern District of Ohio - U.S. District Court for the Middle District of Florida - U.S. District Court for the District of Connecticut - U.S. District Court for the District of New Jersey - U.S. Court of Appeals for the Sixth Circuit - U.S. Court of Appeals for the Seventh Circuit ####Education - B.A., Indiana University - J.D., magna cum laude, Indiana University - Law Clerk, Honorable Phil M. McNagny, Jr., U.S. District Court for the Northern District of Indiana [![](https:///Data/Accounts/Files/1/90626daf77138c6534bbffc11881f78d-mybadge(9).png)](https://profiles.superlawyers.com/indiana/ft-wayne/lawyer/thomas-m-kimbrough/26936d6d-9256-4828-8dde-4f0a891d58ae.html) [![](https://www.bestlawyers.com/Logos/ListedLawyer/173363/US/28/M/Basic.png)](https://www.bestlawyers.com/lawyers/thomas-m-kimbrough/173363) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/04557cd0a34c696529733b5b31a93e12-Thomas_M_Kimbrough_PR_AV_200.png)](https://www.martindale.com/attorney/thomas-m-kimbrough-975505/) [![](https://www.ambest.com/directory/mainimages/ATTY.jpg)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1) # Michael H. Michmerhuizen : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/michael-h-michmerhuizen ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Michmerhuizen, Michael H. ##Partner **Phone:**[260.423.8820](https://tel:+12604238820) **Fax:** 260.423.8920 **Email:**[mhm@barrettlaw.com](https://mailto:mhm@barrettlaw.com) Support Team Paralegal: [Jamie L. Schofield](https:///our-staff/jamie-l-schofield) Legal Assistant: [Litigation Legal Assistant](https:///our-staff/litigation-legal-assistant) [](https://www.linkedin.com/in/mike-michmerhuizen-75b419b) ![](https:///Cache/f187ebf0aa46919d5ec5e220879ab8e4-482-Width-1-0-CenterCenter.jpg) #Michmerhuizen, Michael H. ##Partner ###Practice Areas: [Appellate Law](https:///practice-areas/appellate-law)[Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Estate and Trust Litigation](https:///practice-areas/estate-and-trust-litigation)[Insurance Defense](https:///practice-areas/insurance-defense)[Litigation Services](https:///practice-areas/litigation-services) ####Profile Mike has spent the last two decades litigating business and commercial disputes throughout Indiana and Michigan. He has litigated a wide range of disputes, representing both plaintiffs and defendants, including wrongful death actions, securities violations, contractual disputes, trade secrets actions, trademark and copyright infringement, coverage actions, and construction disputes. Mike has handled dozens of noncompetition cases both on behalf of the employer and the employee including during the preliminary injunction phase, at trial, and on appeal. Mike has participated in approximately 100 appeals in the state and federal courts of Indiana and Michigan and has argued numerous times before the United States Court of Appeals for the Seventh Circuit, the Indiana Supreme Court, the Indiana Court of Appeals, and the Indiana Tax Court. ####A representative listing of Appellate Cases - BRC Rubber & Plastics, Inc. v. Cont'l Carbon Co., 981 F.3d 618 (7th Cir. 2020) - School vs. Frantz, 156 N.E.3d 692 (Ind. Ct. App. 2020) - Kosciusko Cty. Cmty. Fair, Inc. v. Clemens, 143 N.E.3d 310 (Ind. Ct. App. 2020) - Great Lakes Anesthesia, P.C. v. O'Bryan, 99 N.E.3d 260 (Ind. Ct. App. 2018) - Landmark Legacy, LP v. Runkle, 81 N.E.3d 1107 (Ind. Ct. App. 2017) - Masters vs. Masters, 43 N.E.3d 570 (Ind. 2015) - Einhorn v. Johnson, 996 N.E.2d 823 (Ind. Ct. App. 2013) - Shawnee Constr. and Engineering, Inc. v. Stanley, 962 N.E.2d 76 (Ind. Ct. App. 2011) ####Professional Honor & Community Involvement **Articles** - [Educational Purposes Real Property Tax Exemption](https://www.barrettlaw.com/blog/real-estate/educational-purposes-real-property-tax-exemption) - [Custody Jurisdiction: Barwick v. Ceruti, 31 N.E.3d 1008 (Ind. Ct. App. 2015)](https://www.barrettlaw.com/blog/appellate-law/custody-jurisdiction-barwick-v-ceruti-31-ne3d-1008-ind-ct-app-2015) **Professional Honors** - Selected for inclusion since 2023 in the [Best Lawyers® in America](https://www.bestlawyers.com/lawyers/michael-h-michmerhuizen/235162) publications in the areas of Appellate Practice, Commercial Litigation and Litigation- Insurance. - Appointed to the Indiana Commercial Court Committee that provides guidance to the operation of Indiana’s commercial court system. **Community Involvement** - Member, Allen County Bar AssociationChair, Allen County Bar Association Board of Directors - Member, Appellate Practice Section - Member, Allen County Bar Foundation Board of Directors - President of the Board, 2021 ####Bar and Court Admissions Indiana - Michigan U.S. District Courts for the Northern and Southern Districts of IndianaU.S. District Court for the Eastern District of MichiganU.S. Court of Appeals for the Seventh Circuit ####Education - B.B.A. ,Finance, magna cum laude, Grand Valley State University - J.D., University of Michigan Law School [![](https://www.ambest.com/directory/mainimages/ATTY.jpg)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1) # Patrick G. Murphy : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/patrick-g-murphy ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Murphy, Patrick G. ##Partner **Phone:**[260.423.8971](https://tel:+12604238971) **Fax:** 260.423.8920 **Email:**[pat@barrettlaw.com](https://mailto:pat@barrettlaw.com) Support Team Paralegal: [Vernette E. Williams](https:///our-staff/vernette-e-williams) Legal Assistant: [Litigation Legal Assistant](https:///our-staff/litigation-legal-assistant) [](https://www.linkedin.com/in/patrick-murphy-83343410) ![](https:///Cache/3ee49a05dc1f4289ed8deb4f29551e14-482-Width-1-0-CenterCenter.jpg) #Murphy, Patrick G. ##Partner ###Practice Areas: [Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Copyrights](https:///practice-areas/copyrights)[Insurance Defense](https:///practice-areas/insurance-defense)[Intellectual Property Law](https:///practice-areas/intellectual-property-law)[Litigation Services](https:///practice-areas/litigation-services)[Trade Secrets](https:///practice-areas/trade-secrets)[Trademarks](https:///practice-areas/trademarks) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/498060490](https://player.vimeo.com/video/498060490) Pat Murphy has spent his career in litigation. He is an experienced trial attorney whose practice is focused on representing businesses in business, and intellectual property litigation. His diverse experience includes handling matters involving contract disputes, non-competition and non-compete agreements, non-solicitation agreements, real estate, adverse possession, easements, boundary disputes, property law, construction, intellectual property disputes, trademark and copyright infringement, trade secrets, unfair competition, injunctions, breach of fiduciary duty, negligence, product liability, riparian rights litigation, insurance defense, disputes between owners of closely held businesses, and bet-the-company litigation. He has also handled transportation and trucking litigation. Pat has been lead counsel on more than 100 jury trials and more than 1,000 arbitrations, mediations, depositions, and hearings. ####Professional Honors and Community Involvement ###Professional Honors - AV® Preeminent™* rated attorney based on Martindale-Hubbell peer review ratings. - Listed since 2018 in the [Best Lawyers in America®](https://www.bestlawyers.com/lawyers/patrick-g-pat-murphy/212211)publication. - Listed since 2014 in the Indiana Super Lawyers® publication. - Selected for inclusion in the 2022 and 2026 Best Lawyers in America® publications as a "Lawyer of the Year", Fort Wayne in the area of Litigation. - 2024 Recipient of the Tony Laux Volunteer of the Year Award from the Purdue Fort Wayne Athletic Program ###Professional and Community Involvement - Fellowship, Trial Lawyer Honorary Society - Member, Allen County Bar Association - Member, Indiana State Bar Association - Member, Defense Research Institute - Member, Defense Trial Counsel Institute - Member, Litigation Counsel of America - Volunteer, Junior Achievement of Northern Indiana - Co-Director, Dons for Fort Wayne - Member, Mastodon Athletic Advisory Board - Member, Withers Scholar Board - Former Member, The Redemption House Board of Directors - Former Member, Community Harvest Food Bank Board of Directors - Former Member, Embassy Theatre Foundation Board of Directors - Former Adjunct Professor, Purdue Fort Wayne - Former Guest Lecturer, MBA Program, University of Saint Francis * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Articles - [What is Defamation?](https://www.barrettlaw.com/blog/litigation/what-is-defamation) - [Real Estate Disclosure Form: Can Filling Out a Residential Real Estate Disclosure Form Subject a Seller to Liability for Fraud?](https://www.barrettlaw.com/blog/real-estate/real-estate-disclosure-form-seller-liability) - [Can an injunction solve problems in a family business? ](https://www.barrettlaw.com/blog/litigation/closely-held-family-business-injunctive-relief) - [What Is An Injunction?](https://www.barrettlaw.com/blog/litigation/what-is-an-injunction) - [The Legislature Should Increase Sanctions Related to Qualified Settlement Offers](https://www.barrettlaw.com/blog/litigation/the-legislature-should-increase-sanctions-related-to-qualified-settlement-offers) - [A Prerequisite to Obtaining Real Estate Through Adverse Possession](https://www.barrettlaw.com/blog/real-estate/a-prerequisite-to-obtaining-real-estate-through-adverse-possession) - ["No Pay, No Play" Statutes](https://www.barrettlaw.com/blog/litigation/no-pay-no-play-statutes) ####Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.S., Business, Indiana University - J.D., Indiana University School of Law [![](https://www.barrettlaw.com/Data/Accounts/Files/1/098fb8048e5585073d911b3a71e33124-Patrick_G_Murphy_PR_AV_200.png)](https://www.martindale.com/attorney/patrick-g-murphy-1996105/) [![](https://www.ambest.com/directory/mainimages/ATTY.jpg)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1) # Joshua C. Neal : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/joshua-c-neal ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Neal, Joshua C. ##Partner **Phone:**[260.423.8935](https://tel:+12604238935) **Fax:** 260.423.8920 **Email:**[jcn@barrettlaw.com](https://mailto:jcn@barrettlaw.com) Support Team Paralegal & Legal Assistant: [Kay E. Cummings](https:///our-staff/kay-e-cummings) [](https://www.linkedin.com/in/josh-neal-300037a/) ![](https:///Cache/b1bbb6a40575c70a5f941cc96fba45e6-482-Width-1-0-CenterCenter.jpg) #Neal, Joshua C. ##Partner ###Practice Areas: [Economic Development and Real Estate](https:///practice-areas/economic-development-and-real-estate)[Real Estate Law](https:///practice-areas/real-estate-law) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/498386853](https://player.vimeo.com/video/498386853) Josh has extensive experience in servicing businesses and individuals in all areas of real estate law, including land use, financing, real estate taxation, and government incentives. He regularly represents businesses in matters concerning the purchase, sale, financing, leasing and development of commercial and industrial real estate and the identification and negotiation of state, regional and local government-based economic development incentives in connection with such projects. Josh has appeared before county boards of zoning appeals and plan commissions in connection with land use and development matters, including rezoning requests, development plans, and variances. He also works with various local, regional, and state development agencies with respect to securing federal and state tax credit funding. ####Representative Transactions - Representation of developers of multi-family apartment complex in site acquisition, zoning, tax incentives, and financing matters; - Representation of developers of single family residential housing development in connection with site acquisition, zoning, and development matters; - Representation of landlords and tenants in connection with the negotiation and drafting of commercial real estate leases for space in shopping centers, multi-tenant office buildings, and industrial properties; - Representation of purchasers and sellers of commercial and industrial real estate, including drafting and negotiation of purchase and sale agreements, title and survey review, and related due diligence matters; - Representation of clients in tax-free exchanges of real estate, including reverse like-kind exchanges; - Representation of taxpayers in connection with appeals of the assessed value of real estate and personal property, including proceedings before local property tax assessment boards of appeal, the Indiana Board of Tax Review, and the Indiana Tax Court. ####Professional Honors and Community Involvement ###Professional Honors - Selected for inclusion since 2019 [The Best Lawyers in America®](https://www.bestlawyers.com/lawyers/joshua-c-josh-neal/235165) publication areas of real estate law, and land use and zoning law. - Recognized as the Fort Wayne "Lawyer of the Year" in the 2020 The Best Lawyers in America® publication in the area land use and zoning law. ###Professional and Community Involvement Member, Indiana State Bar Association’s Leadership Development Academy Inaugural Class Graduate, Greater Fort Wayne’s Leadership Fort Wayne ProgramFormer Member of the boards of directors for: - Brightpoint; - Community Transportation; - Fort Wayne Civic Theatre; - Allen County Bar Association; - Fort Wayne Children’s Choir; - Fort Wayne Golf Association; and the - Home Builders Association of Fort Wayne.Josh has presented on a number of real estate topics for various organizations, including Indiana Continuing Legal Education Forum’s 38th Annual Judge Robert H. Staton Indiana Law Update. ####Bar and Court Admissions - Indiana - U.S. District Court for the Northern and Southern Districts of Indiana ####Education - B.S., Political Science, cum laude, University of Indianapolis - J.D., magna cum laude, Indiana University Robert H. McKinney School of Law # Thomas M. Niezer : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/thomas-m-niezer ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Niezer, Thomas M. ##Partner **Phone:**[260.423.8898](https://tel:+12604238898) **Fax:** 260.423.8920 **Email:**[tmn@barrettlaw.com](https://mailto:tmn@barrettlaw.com) Support Team Legal Assistant: [Michele M. Jandreau](https:///our-staff/michele-m-jandreau) [](https://www.linkedin.com/in/tomniezer/) ![](https:///Cache/a669ce74f7b5b897d80c3f7bec512c25-482-Width-1-0-CenterCenter.jpg) #Niezer, Thomas M. ##Partner ###Practice Areas: [Real Estate Law](https:///practice-areas/real-estate-law)[Economic Development and Real Estate](https:///practice-areas/economic-development-and-real-estate) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/1009895195?badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/1009895195?badge=0&autopause=0&player_id=0&app_id=58479) ' Tom Niezer has over 30 years of experience in real estate law and land use law. He regularly works with regional economic development corporations and helps businesses negotiate and secure local and state public benefit subsidy award. He has represented non-profit development organizations who partner with local development agencies and the Indiana Economic Development Corporation for purposes of targeted redevelopment initiatives or the establishment of new manufacturing or other facilities with job-creation incentives that require utilization of federal and state tax credit funding, Indiana regional city funding, Indiana Community Revitalization Enhancement District (CReED) funding and multiple sources of local funding. Tom currently serves on the board of directors and is the secretary for the Northeast Indiana Regional Partnership, whose mission is to provide economic development support of the 11 county region comprising northeast Indiana. ####Professional Honors - AV® Preeminent* rated attorney based on Martindale-Hubbell’s peer review ratings. - Listed since 2017 in the[Best Lawyers in America®](https://www.bestlawyers.com/lawyers/thomas-m-niezer/195920) publications. - Recognized as a 2021 Fort Wayne "Lawyer of the Year" for real estate law by Best Lawyers in America®. - Selected as the [2020 Alumnus of the Year](https://www.barrettlaw.com/blog/news/niezer-recognized-as-alumnus-of-the-year) by Bishop Dwenger High School. - Selected as an “Everyday Star” by the Parkview Foundation Muriosity® project. * AV ® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Professional and Community Involvement - Member, Northeast Indiana Scholarship Granting Organization Advisory BoardFormer member, Home Builders Association of Fort Wayne Board of DirectorsPast President and former member of the board of directors for: - Northeast Indiana Regional Partnership;Mad Anthony’s Children’s Hope House;Three Rivers Festival;Fort Wayne Neighborhood Housing Partnership;Fort Wayne Museum of Art; andBishop Dwenger High School Board of Education. ####Bar and Court Admissions - Indiana U.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.A., Wabash College J.D., University of Dayton School of Law [![](https://www.barrettlaw.com/Data/Accounts/Files/1/a566c46ef941e5329acdc97f0947f2c0-Thomas_M_Niezer_PR_AV_200.png)](https://www.martindale.com/attorney/thomas-m-niezer-975511/) # James J. O'Connor : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/james-j-oconnor ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #O'Connor, James J. ##Partner **Phone:**[260.423.8868](https://tel:+12604238868) **Fax:** 260.423.8920 **Email:**[jjo@barrettlaw.com](https://mailto:jjo@barrettlaw.com) Support Team Paralegal: [Danielle A. Southerland](https:///our-staff/danielle-a-southerland) Legal Assistant: [Melanie J. Illig](https:///our-staff/melanie-j-illig) [](https://www.linkedin.com/in/jamesjoconnorjr/) ![](https:///Cache/5bc6229a846228d7129fa9e7df2890fd-482-Width-1-0-CenterCenter.jpg) #O'Connor, James J. ##Partner ###Practice Areas: [Labor Relations and Employment Law](https:///practice-areas/labor-relations-and-employment-law)[Cybersecurity & Privacy](https:///practice-areas/cybersecurity-and-privacy)[Alternative Dispute Resolution](https:///practice-areas/alternative-dispute-resolution)[Worker's Compensation Law](https:///practice-areas/workers-compensation)[Litigation Services](https:///practice-areas/litigation-services)[Estate and Trust Litigation](https:///practice-areas/estate-and-trust-litigation)[Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/741892605?h=88a80b714c](https://player.vimeo.com/video/741892605?h=88a80b714c) James O’Connor's employment law practice involves consulting with clients on compliance matters and advocating on behalf of clients in litigation matters. He has extensive experience with asserting and defending insurance-related claims and coached corporate clients through cybersecurity / data breach events. In the Name Image and Likeness space, he has documented marketing agreements for Student Athletes and drafted NIL policies for universities. He also has been a registered civil mediator for more than 13 years and has significant experience with negotiations of all kinds. ![](https:///Data/Accounts/Files/1/55fdd6fe6c93f4a7fb0ee41a7b98b603-icon-gca250162e_1280-min.png)**PODCAST: **[Simplified Podcast featuring Jason Russell, Nick Goins and Zach Thiele with Optimum Performance Sports simplifying NIL](https://podcasts.apple.com/us/podcast/simplified/id1634834489?i=1000659632079) [![](https:///Data/Accounts/Files/1/55fdd6fe6c93f4a7fb0ee41a7b98b603-icon-gca250162e_1280-min.png)](https://podcasts.federatedmedia.com/podcast/hour-2-james-boyd-james-oconnor/)**PODCAST: **[Brett Rump with Sports Rush talks with James O’Connor of Barrett McNagy to talk about the situation at Tennessee, the situation at Dartmouth, and a look at the state of NIL in college as a whole](https://podcasts.federatedmedia.com/podcast/hour-2-james-boyd-james-oconnor/) [![](https:///Data/Accounts/Files/1/55fdd6fe6c93f4a7fb0ee41a7b98b603-icon-gca250162e_1280-min.png)](https://www.kevintarca.com/post/the-abc-s-of-nil-with-james-o-connor)** PODCAST:** [Kevin Tarca with the Sports Business Secrets podcast talks with James O'Connor about the ABC's of NIL.](https://www.kevintarca.com/post/the-abc-s-of-nil-with-james-o-connor) [![](https:///Data/Accounts/Files/1/55fdd6fe6c93f4a7fb0ee41a7b98b603-icon-gca250162e_1280-min.png)](https://css.transistor.fm/43) **PODCAST: **[Trine Center for Sports Studies Director, Brandon Podgorski talks with James O'Connor about all things NIL.](https://css.transistor.fm/43) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/55fdd6fe6c93f4a7fb0ee41a7b98b603-icon-gca250162e_1280-min.png)](https://podcasts.apple.com/us/podcast/asher-marketing-podcast-episode-65-james-o-connor/id1531247862?i=1000548961851)**PODCAST**: [Anthony Juliano (Asher Agency) and James O’Connor discuss NCAA / NIL marketing issues. Recorded November 16, 2021; Released January 25, 2022](https://podcasts.apple.com/us/podcast/asher-marketing-podcast-episode-65-james-o-connor/id1531247862?i=1000548961851) ####Professional Honors and Community Involvement ###Professional Honors - Selected for inclusion since 2021 in the [Best Lawyers in America®](https://www.bestlawyers.com/lawyers/james-j-o-connor/235763)publications for labor law-management and worker's compensation law- employers. - Selected for inclusion in the Indiana Super Lawyers® publication (2018). - Recognized as a “Rising Star” by the Indiana Super Lawyers® publication (2011, 2014, 2015). - AV® Preeminent* rated attorney based on Martindale-Hubbell’s peer review ratings since 2016. - Selected as a “Future 40 Under 40” award recipient from Greater Fort Wayne Business Weekly. ###Professional and Community Involvement Current or former member of the following organizations: - Allen County Judicial Nominating Commission, - Benjamin Harrison chapter of the American Inns of Court, - Allen County Bar Association, - Northeast Indiana Base Community Council Board, - Indiana State Bar Association, and - Defense Research Institute.Member, Purdue Fort Wayne Community Engagement BoardMember, Mad Anthony's Children's Foundation * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her with a high level of professional excellence. ####Licensures - Licensed by the National Basketball Players Association (NBPA) as a player representative/agent. - Licensed by the Womens National Basketball Players Association (WNBPA) as a player representative/agent. - NCAA Certified Agent - Licensed by the International Basketball Federation (FIBA) as a player representative / agent. - NCAA Registered NIL Agent ####Articles & Seminars ###Articles - [Creating an Effective Employee Handbook: A Comprehensive Guide](https://www.barrettlaw.com/blog/labor-and-employment-law/creating-an-effective-employee-handbook-a-comprehensive-guide) - [Documents at Hiring and Form I-9 Audits](https://www.barrettlaw.com/blog/labor-and-employment-law/documents-at-hiring-and-form-i-9-audits) - [Fraud Prevention Resources for Unemployment Insurance](https://www.barrettlaw.com/blog/cybersecurity/fraud-prevention-resources-for-unemployment-insurance) - [Review Employer Charge Statements from Indiana’s Department of Workforce Development for Accuracy](https://www.barrettlaw.com/blog/labor-and-employment-law/review-employer-charge-statements-from-indianas-department-of-workforce-development-for-accuracy) - [7th Circuit: Title VII Prohibits Discrimination Based on “Sexual Orientation”](https://www.barrettlaw.com/blog/labor-and-employment-law/7th-circuit-title-vii-prohibits-discrimination-based-on-sexual-orientation) ###Seminars Presents at local, statewide and national seminars on topics, including: - Employment law policies, - Cyber security protection, - Data breach response, - Worker’s compensation matters, - Alternative dispute resolution, and - College Student Athlete’s Name, Image and Likeness. ####Bar & Court Admissions and Education ###Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana ###Education - B.A., Psychology, Emory University, Atlanta J.D., Loyola University College of Law, New Orleans [![](https://www.barrettlaw.com/Data/Accounts/Files/1/8466d95a036c6f6885a00c1f7d29b29a-James_J_O'Connor_PR_AV_250.png)](https://www.martindale.com/attorney/james-j-o-connor-jr-2558183/) [![](https://www.ambest.com/directory/mainimages/ATTY.jpg)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1) # Michael P. O'Hara : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/michael-p-ohara ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #O'Hara, Michael P. ##Partner **Phone:**[260.423.8838](https://tel:+12604238838) **Fax:** 260.423.8920 **Email:**[mpo@barrettlaw.com](https://mailto:mpo@barrettlaw.com) Support Team Legal Assistant: [Legal Assistant](https:///our-staff/legal-assistant) [](https://www.linkedin.com/in/michael-p-o-hara-760777b0/) ![](https:///Cache/8481dddb4192fc8ef703a25deffcb1ca-482-Width-1-0-CenterCenter.jpg) #O'Hara, Michael P. ##Partner ###Practice Areas: [Financial Institutions](https:///practice-areas/financial-institutions)[Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Bankruptcy and Creditors' Rights Law](https:///practice-areas/bankruptcy-and-creditors-rights-law)[Corporate and Business Law](https:///practice-areas/business-law) ####Profile Michael O'Hara focuses his practice in the areas of finance, creditor's rights, business transactions/contracts, corporate law, mergers and acquisitions. He is counsel for Do it Best Corp. and for numerous closely held corporations and several financial institutions. ####Professional Honors and Community Involvement ###Professional Honors - AV ® Preeminent™ rated attorney based on Martindale-Hubbell's peer review ratings.Selected for inclusion since 2016 in the [Best Lawyers® in America](https://www.bestlawyers.com/lawyers/michael-p-o-hara/175872) publication in the areas of corporate law, banking and finance law. Recognized in the [Best Lawyers® in America](https://www.bestlawyers.com/lawyers/michael-p-o-hara/175872) publication as "Lawyer of the Year", Fort Wayne in: - Corporate Law, 2021Banking and Finance Law, 2023Named a 2011 "Person of the Year" by the Notre Dame Club of Fort Wayne/Northeast Indiana for professional and civic accomplishments. ###Professional and Community Involvement - Member, Allen County Bar Association - Former Chairman, Grievance Committee Member, Indiana State Bar AssociationMember, American Bankruptcy Institute * AV ® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Articles - [Non-Consensual Third-Party Releases in Bankruptcy Disallowed](https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/non-consensual-third-party-releases-in-bankruptcy-disallowed) - [Subordination Agreements May Be Modified in Bankruptcy Reorganizations](https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/subordination-agreements-may-be-modified-in-bankruptcy-reorganizations) - [Small Business Reorganization Act](https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/small-business-reorganization-act) - [Mortgagee Beware](https://www.barrettlaw.com/blog/business-and-corporate-law/financial-institutions/mortgagee-beware) - [Impermissible Reaffirmation Or New Guaranty?](https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/impermissible-reaffirmation-or-new-guaranty) ####Bar and Court Admissions - Indiana U.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.A., Economics, University of Notre DameJ.D., DePaul University College of Law, Chicago [![](https://www.barrettlaw.com/Data/Accounts/Files/1/8ee0bbae22f75c20fe7ddaa2c45b3af2-Michael_P_O'Hara_PR_AV_250.png)](https://www.martindale.com/attorney/michael-p-o-hara-975510/) # Trisha J. Paul : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/trisha-j-paul ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Paul, Trisha J. ##Partner **Phone:**[260.423.8840](https://tel:+12604238840) **Fax:** 260.423.8920 **Email:**[tjp@barrettlaw.com](https://mailto:tjp@barrettlaw.com) Support Team Legal Assistant: [Lily K. Gulvas](https:///our-staff/lily-k-gulvas) Paralegal: [Beverly E. Irvin](https:///our-staff/beverly-e-irvin) Paralegal: [Gretchen F. Keller](https:///our-staff/gretchen-f-keller) [](https://www.linkedin.com/pub/trisha-paul/26/507/bab) ![](https:///Cache/af4f4093333f140eb0e92ee9cedfd810-482-Width-1-0-CenterCenter.jpg) #Paul, Trisha J. ##Partner ###Practice Areas: [Estate Planning and Administration](https:///practice-areas/estate-planning) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/498009564](https://player.vimeo.com/video/498009564) Highly experienced in estate planning, Trisha's practice encompasses wills and trusts, the avoidance or reduction of estate, inheritance, and generation-skipping taxes, various techniques for making gifts to individuals and charities, life insurance, disability, and distributions from retirement accounts. She also consults business owners regarding the choice of entity issues, valuation issues, buy-sell agreements, and business succession issues. ####Professional Honors Selected for inclusion since 2021 in the [Best Lawyers in America®](https://www.bestlawyers.com/lawyers/trisha-j-paul/233801)publications in the area of trusts and estates. Recognized by Best Lawyers in America® as "Lawyer of the Year," Fort Wayne in: - Trusts and Estates, 2023Recognized as a "Rising Star" in the 2009 Indiana Super Lawyers® publication. ####Professional and Community Involvement - Member, Allen County Bar Association - Member, Indiana State Bar Association - Appointed, Chair of Barrett McNagny's Executive Committee (2018, 2020) - Board Member, Oak Farm Montessori School ####Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.S., Saint Francis College (University of Saint Francis) - J.D., University of Toledo College of Law # Cathleen M. Shrader : Senior Counsel | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/cathleen-m-shrader ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Shrader, Cathleen M. ##Senior Counsel **Phone:**[260.423.8921](https://tel:+12604238921) **Fax:** 260.423.8920 **Email:**[cms@barrettlaw.com](https://mailto:cms@barrettlaw.com) Support Team Paralegal: [Jamie L. Schofield](https:///our-staff/jamie-l-schofield) Legal Assistant: [Litigation Legal Assistant](https:///our-staff/litigation-legal-assistant) ![](https:///Cache/f25f94a7a32a40918755dcece10865bb-482-Width-1-0-CenterCenter.jpg) #Shrader, Cathleen M. ##Senior Counsel ###Practice Areas: [Appellate Law](https:///practice-areas/appellate-law)[Litigation Services](https:///practice-areas/litigation-services)[Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Estate and Trust Litigation](https:///practice-areas/estate-and-trust-litigation) ####Profile Focusing on appellate practice and complex business litigation, Cathleen Shrader has extensive experience in civil litigation. She is experienced in representing clients at all levels of the appellate process; businesses in contract, warranty, intellectual property, and other disputes; and trustees, beneficiaries, and personal representatives in complex estate and trust disputes. ####Professional Honors - Listed since 2012 in the [Best Lawyers in America®](https://www.bestlawyers.com/lawyers/cathleen-m-shrader/38912) publication for Appellate Practice and Commercial Litigation - Listed since 2013 in the Indiana Super Lawyers® publication for Business Litigation. - AV® Preeminent™ rated attorney by Martindale-Hubbell based on its peer review and judicial ratings. * AV ® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Professional and Community Involvement Was appointed in 2010 by the Indiana Supreme Court to the ten-member Indiana State Board of Law Examiners and her third term which ended in December 2022. - President of the board from 2016 to 2019. - Served as vice president and board secretary. - The Board of Law Examiners is responsible for the licensing of attorneys in the state of Indiana. Appointed in 2019 to serve on the Indiana Supreme Court's Study Commission on the Future of the Indiana Bar Exam. Served as a member of the Multistate Professional Responsibility Examination Committee (MPRE) of the National Conference of Bar Examiners (NCBE) from 2018-2020. - Committee charged with working closely with NCBE staff to perpetuate and develop policies intended to assure the psychometric reliability, validity, and security of the MPRE. Member of the Multistate Essay Examination (MEE) /Multistate Performance Test (MPT) Committee of the National Conference of Bar Examiners since 2020. - Committee responsible for policy issues related to preparing essay examinations and performance tests offered for use by state bar admission authorities (including Indiana), as well as for external review of test items. Board Member of the nonpartisan Indiana Debate Commission since 2010. - Vice-president of the Commission. - The commission is the oldest incorporated and independent debate group in the nation which is dedicated to promoting state-wide political debates in Indiana. Member, Indiana State Bar Association - Chaired the ISBA's Appellate Practice Section from 2006-2007. - Vice-chair of the ISBA's Lawyer Advertising Rules Committee from 2017-2019.Member, Allen County Bar Association - Former chair, Appellate Practice SectionMember, American Inns of Court, Benjamin Harrison Chapter - Former presidentMember, Amicus Committee of the Defense Trial Counsel of Indiana ####Bar and Court Admissions - Indiana - U.S. Supreme Court - U.S. Courts of Appeal for the Sixth, Seventh, and Eleventh Circuits - U.S. District Courts for the Northern and Southern Districts of Indiana - Western District of Michigan ####Education B.S., Business Economics,cum laude, Indiana University School of Business J.D., Duke University - Research Editor, Duke Law Journal [![](https://www.barrettlaw.com/Data/Accounts/Files/1/676ae490ab727cde006d175cee452b1f-Cathleen_M_Shrader_PR_AV_200.png)](https://www.martindale.com/attorney/cathleen-m-shrader-975517/) [![](https://www.ambest.com/directory/mainimages/ATTY.jpg)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1) # David R. Steiner : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/david-r-steiner ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Steiner, David R. ##Partner **Phone:**[260.423.8915](https://tel:+12604238915) **Fax:** 260-423-8920 **Email:**[drs@barrettlaw.com](https://mailto:drs@barrettlaw.com) Support Team Legal Assistant: [Alana S. Miller](https:///our-staff/alana-s-miller) [](https://www.linkedin.com/in/david-steiner-516a7654/) ![](https:///Cache/72c9c83a001fe72bbdd51838811a7614-482-Width-1-0-CenterCenter.jpg) #Steiner, David R. ##Partner ###Practice Areas: [Corporate and Business Law](https:///practice-areas/business-law)[Environmental Law](https:///practice-areas/environmental-law)[Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Real Estate Law](https:///practice-areas/real-estate-law) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/1013510288?badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/1013510288?badge=0&autopause=0&player_id=0&app_id=58479) David Steiner focuses his practice on transactional work for businesses and individuals, primarily real estate transactions, specializing in environmentally impacted real estate, brownfields redevelopment, land leases and sales for solar facility development, and tax-free exchanges, as well as business transactions involving formation, acquisitions, sales, and contracts. Throughout his career, David has represented clients in acquiring, selling and leasing real estate across the Midwest, Southwest, and Southeast. He regularly represents purchasers, sellers and lenders in transactions involving environmentally impacted commercial properties. These representations include all aspects of real estate due diligence including environmental risk assessment, land use, title insurance, survey and mortgage financing matters. In addition, David has represented business and individuals in negotiating and resolving environmental claims with state and federal regulators and in negotiating and settling environmental insurance claims. [](https://)[](https://) ####Professional Honors and Community Involvement ###Professional Honors - AV® PreeminentTM”* rated attorney by Martindale-Hubbell based on their peer review ratings. - Selected for inclusion since 2022 in the [Best Lawyers in America®](https://www.bestlawyers.com/lawyers/david-steiner/212203)publications in the areas of corporate law, environmental law and real estate. - Recognized by the Best Lawyers in America® publication as "Lawyer of the Year," Fort Wayne for 2023 and 2026 in the area of Corporate Law. ###Professional and Community Involvement - Member, Allen County Bar Association - Member, Christian Legal Society - Member, Fort Wayne Rescue Mission Board of Directors - Member, The Fellowship of Evangelical Churches Legacy Fund, Inc. Board of Directors - Member, Quest Club - Counsel, The Friends of the Parks of Allen County, Inc. - Past Member, Headwaters Park Alliance Board of Directors * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Publications - Authored paper titled ["Trends in Industry in Allen County"](https://www.barrettlaw.com/Data/Accounts/Files/1/IndustryTrendsinAllenCounty.pdf)for the Quest Club of Fort Wayne. ####Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.S., Business Administration, summa cum laude, Taylor University, Upland, Indiana - J.D., cum laude, Indiana University, Bloomington [![](https://www.barrettlaw.com/Data/Accounts/Files/1/9849ea3097c9fcbcd03c7c1544d30d00-David_R_Steiner_PR_AV_200.png)](https://www.martindale.com/attorney/david-r-steiner-975513/) # Anthony M. Stites : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/anthony-m-stites ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Stites, Anthony M. ##Partner **Phone:**[260.423.8860](https://tel:+12604238860) **Fax:** 260.423.8920 **Email:**[ams@barrettlaw.com](https://mailto:ams@barrettlaw.com) Support Team Paralegal: [Danielle A. Southerland](https:///our-staff/danielle-a-southerland) Legal Assistant: [Melanie J. Illig](https:///our-staff/melanie-j-illig) [](https://www.linkedin.com/pub/tony-stites/12/543/54b) ![](https:///Cache/443f686ee488c06c9843b1372d5365a7-482-Width-1-0-CenterCenter.jpg) #Stites, Anthony M. ##Partner ###Practice Areas: [Labor Relations and Employment Law](https:///practice-areas/labor-relations-and-employment-law)[Alternative Dispute Resolution](https:///practice-areas/alternative-dispute-resolution)[Litigation Services](https:///practice-areas/litigation-services)[Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Insurance Defense](https:///practice-areas/insurance-defense) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/670853305?h=fce6f29a71&badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/670853305?h=fce6f29a71&badge=0&autopause=0&player_id=0&app_id=58479) Attorney Anthony Stites represents business entities in all facets of their employment matters. On a daily basis, he works with human resource personnel and in-house counsel to prevent or solve problems in the employment arena. Tony assists all sizes of employers ranging from very small businesses through large publicly traded corporations. With an emphasis in the transportation and manufacturing sectors, Tony has presented hundreds of supervisor training sessions throughout the U.S. He has extensive experience in strike activity and trial experience defending employers in all areas of employment matters. Tony also serves as a mediator for alternate dispute resolution. ####Selected Representative Matters - Representing a regional corporation in the termination of their president. - Taking an attorney fee award against the National Labor Relations Board (NLRB). - Defending the drug testing policy of a company through a federal jury trial. - Representing numerous manufacturing facilities during downsizing negotiations with unions. - Handled numerous union election campaigns with clients in Ohio, Indiana, Illinois, Minnesota, and Michigan. - Handled decertification petitions and decertification elections in Ohio and Indiana. ####Articles, Honors and Community Involvement ###Articles - [NLRB Remedies During Pending Litigation: Starbucks Corp. v. McKinney](https://www.barrettlaw.com/blog/labor-and-employment-law/nlrb-remedies-during-pending-litigation-starbucks-corp-v-mckinney) - [Supreme Court Decision on Federal Anti-Discrimination Laws](https://www.barrettlaw.com/blog/labor-and-employment-law/supreme-court-decision-on-federal-anti-discrimination-laws) - [7th Circuit Provides Narrow Interpretation of Age Discrimination Employment Act](https://www.barrettlaw.com/blog/labor-and-employment-law/7th-circuit-provides-narrow-interpretation-of-age-discrimination-employment-act) - [OSHA Rescinds Electronic Submission and Public Disclosure Requirements for Large Employers](https://www.barrettlaw.com/blog/labor-and-employment-law/osha-rescinds-electronic-submission-and-public-disclosure-requirements-for-large-employers) - [Overtime Rule Stayed by Judge in Texas](https://www.barrettlaw.com/blog/labor-and-employment-law/overtime-rule-stayed-by-judge-in-texas) - [Connecticut Federal District Court Holds Discrimination on the Basis of Transgender Identity Is Prohibited by Title VII](https://www.barrettlaw.com/blog/labor-and-employment-law/connecticut-federal-district-court-holds-discrimination-on-the-basis-of-transgender-identity-is-prohibited-by-title-vii) - [Indiana Protective Order Law Amended](https://www.barrettlaw.com/blog/labor-and-employment-law/indiana-protective-order-law-amended) - [Indiana Veteran's Preference Law](https://www.barrettlaw.com/blog/labor-and-employment-law/indiana-veterans-preference-law) ###Professional Honors Received the Niemann Citation for Excellence and Professionalism from the Allen County Bar Association, September 2023AV® Preeminent™ rated attorney based on Martindale-Hubbell's peer review ratings.Selected for inclusion in Super Lawyers in America® from 2007-2012 and since 2014 in the area of employment and labor law.Selected for inclusion since 2016 in the [Best Lawyers® in America](https://www.bestlawyers.com/lawyers/anthony-m-stites/174014) publication in the areas of employment law- management, labor law- management, labor law- union, and litigation - labor and employment. Recognized by Best Lawyers in America®as "Lawyer of the Year," Fort Wayne in: - Employment Law - Management, 2017, 2018, 2024 and 2026 - Litigation- Labor and Employment, 2020, 2023 and 2025 - Labor Law- Management, 2023 and 2025Selected a Paul Harris Fellow for his lifetime contributions to the Fort Wayne not-for-profit sector.Selected as the Notre Dame Club of Fort Wayne's 2015 "Person of the Year". ###Professional and Community Involvement Member, Allen County (Indiana) Bar AssociationMember, Indiana State Bar Association - Past chair, Indiana Bar Association's Labor, Employment & Benefit Law SectionMember, Ohio Bar AssociationFellow, Indiana Bar Foundation - Member, Indiana Bar Foundation Board of DirectorsMember, Fort Wayne Mad Anthonys Inc. - President of the Board, 2025 - Executive Committee Member, 2021- present * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Bar and Court Admissions - Indiana - Ohio - U.S. District Courts for the Northern and Southern Districts of Indiana - U.S. District Court for the Northern District of Ohio - U.S. District Court for the Southern District of Ohio - U.S. District Court for the Eastern District of Michigan - U.S. Court of Appeals for the Fourth and Seventh Circuits ####Education - B.B.A, Finance, University of Toledo - J.D., University of Notre Dame # Samuel J. Talarico Jr. : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/samuel-j-talarico-jr ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Talarico Jr., Samuel J. ##Partner **Phone:**[260.423.8812](https://tel:+12604238812) **Fax:** 260.423.8920 **Email:**[sjt@barrettlaw.com](https://mailto:sjt@barrettlaw.com) Support Team Paralegal: [Brittany M. Bruick](https:///our-staff/brittany-m-bruick) Legal Assistant: [Courtney L. Cole](https:///our-staff/courtney-l-cole) [](https://www.linkedin.com/pub/sam-talarico/a/44b/929) ![](https:///Cache/69a81de73b46a29bc594a5b26b0ed9cf-482-Width-1-0-CenterCenter.jpg) #Talarico Jr., Samuel J. ##Partner ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Securities Law](https:///practice-areas/securities-law)[Corporate and Business Law](https:///practice-areas/business-law) ####Profile Attorney Sam Talarico, Jr., has nearly thirty years of experience representing corporate clients, with an emphasis on mergers & acquisitions, corporate governance, and private placements. He regularly represents clients who are buying and selling businesses involving both strategic and private equity parties, including numerous transactions within the insurance and financial services space as well as the manufacturing space. He has assisted public companies with the preparation of 10-Ks, 8-Ks, 10-Qs, as well as proxy materials and press releases, and has prepared Hart Scott Rodino filings for multiple transactions. He has also assisted companies with well over forty “Reg D” private offerings of equity and debt securities. In addition to his legal experience, Sam is a certified public accountant (inactive status) and, prior to his legal career, he worked as an auditor for the “Big 4” accounting firm of PricewaterhouseCoopers (PwC). With his experience and education, Sam is familiar with the issues facing corporate clients at every stage of their development and is capable of assisting a diverse range of corporate clients ranging from publicly traded companies to start-ups. ####Professional Honors - AV® Preeminent™* rated attorney by Martindale-Hubbell based on their peer review ratings. - Selected for inclusion in the 2023, 2024 and 2025 [Best Lawyers® in America](https://www.bestlawyers.com/lawyers/samuel-j-talarico-jr/209020) publication in the areas of Corporate Law, Securities/Capital Markets Law, and Mergers & Acquisitions. - Alumnus of the Year for the[2025 Bishop Dwenger High School Hall of Fame](https://www.bishopdwenger.com/resources/news/2025-hall-of-fame-inductees-announced). - Member of the 2004 inaugural class of "Fort Wayne's Future 40" award. * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Professional and Community Involvement - Served as an elected member of the Fort Wayne City Council - Former member, Northeast Economic Development Alliance - Member Allen County Bar Association - Member, Indiana State Bar Association - Member, Indiana Society for Certified Public Accountants - Member, St. Charles Catholic Church ####Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.A., Accounting, Butler University - J.D., Indiana University School of Law [![](https://www.barrettlaw.com/Data/Accounts/Files/1/ae0b66590ad58d81210da903eab343e5-Samuel_J_Talarico_PR_AV_200.png)](https://www.martindale.com/attorney/samuel-j-talarico-jr-975526/) # Philip A. Wagler : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/philip-a-wagler ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Wagler, Philip A. ##Partner **Phone:**[260.423.8901](https://tel:+12604238901) **Fax:** 260.423.8920 **Email:**[paw@barrettlaw.com](https://mailto:paw@barrettlaw.com) Support Team Legal Assistant: [Andrea L. Sykes](https:///our-staff/andrea-l-sykes) Paralegal: [Beverly E. Irvin](https:///our-staff/beverly-e-irvin) Paralegal: [Gretchen F. Keller](https:///our-staff/gretchen-f-keller) [](https://www.linkedin.com/in/philipwagler ) ![](https:///Cache/5cc4aa311f3c1b1d7c7ebd9c2ceec480-482-Width-1-0-CenterCenter.jpg) #Wagler, Philip A. ##Partner ###Practice Areas: [Estate Planning and Administration](https:///practice-areas/estate-planning)[Tax Law and Taxation](https:///practice-areas/tax-law-and-taxation)[Corporate and Business Law](https:///practice-areas/business-law) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/502194994](https://player.vimeo.com/video/502194994) A partner at Barrett McNagny, Phil focuses his practice on business transactions, business succession planning, federal and state taxation, estate planning, probate matters, and estate administration. Phil also advises business owners regarding the choice of entity issues, valuation issues, buy-sell agreements, and business succession issues. [Transcript of the video above.](https://www.barrettlaw.com/transcript-for-philip-a-wagler-video) ####Professional Honors - Named by Greater Fort Wayne Business Weekly a 2020 Forty Under 40 award recipient. - Selected for inclusion since 2022 in the [Best Lawyers in America®](https://www.bestlawyers.com/lawyers/philip-a-wagler/250794) publications in the area of trusts and estates. - Selected for inclusion in the 2026 Best Lawyers in America® publication as “Lawyer of the Year”, Fort Wayne in the area of trusts and estates. ####Articles, Professional and Community Involvement **Articles** - [Common Estate Planning Questions](https://www.barrettlaw.com/blog/estate-planning-and-administration/common-estate-planning-questions) **Professional & Community Involvement** - Member, Allen County Bar Association - Former Chairman, Probate, Trust & Tax Section - Member, Indiana State Bar Association - Former member, Tax Section Council - Member, Fort Wayne Estate Planning Council - Member, Bethel University Board of Trustees - Former Member, Bethel University Alumni Association Board of Directors - Member, Leo-Cedarville Regional Sewer District Board of Trustees - President, 2021- currentElder, Grabill Missionary Church ####Bar and Court Admissions - Indiana - Florida - U.S. District Courts for the Northern and Southern Districts of Indiana ####Education B.A., History, summa cum laude, Bethel College in Mishawaka, Indiana - M.B.A., Finance, Indiana University in Bloomington, Kelley School of BusinessJ.D., cum laude, Indiana University Maurer School of Law # Jeffrey M. Woenker : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/jeffrey-m-woenker ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Woenker, Jeffrey M. ##Partner **Phone:**[260.423.8916](https://tel:+12604238916) **Fax:** 260.423.8920 **Email:**[jmw@barrettlaw.com](https://mailto:jmw@barrettlaw.com) Support Team Legal Assistant: [Alana S. Miller](https:///our-staff/alana-s-miller) Paralegal: [Brittany M. Bruick](https:///our-staff/brittany-m-bruick) ![](https:///Cache/406f1167824ac5e0f0e1551fb3ec6378-482-Width-1-0-CenterCenter.jpg) #Woenker, Jeffrey M. ##Partner ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Tax Law and Taxation](https:///practice-areas/tax-law-and-taxation)[Corporate and Business Law](https:///practice-areas/business-law) ####Profile Jeff counsels for-profit and nonprofit business organizations in a variety of general business matters and transactions, including mergers and acquisitions and various forms of joint ventures, as well as the tax consequences of alternative transaction structures. Over the years, Jeff has represented publicly and privately owned buyers and sellers in multiple asset and stock transactions involving values in excess of $1.6 billion dollars. Jeff routinely counsels clients on a variety of business issues involving the interpretation of all types of contracts, agreements and governing documents, including shareholder agreements, operating agreements, partnership agreements, corporate bylaw provisions, and other agreements and business organizational documents. ####Professional Honors Selected for inclusion in the 2023 and 2024 [Best Lawyers® in America](https://www.bestlawyers.com/lawyers/jeffrey-woenker/206645)publication in the areas of Business Organizations (Including LLCs and Partnerships), Tax Law, and Corporate Law. - Selected a "Lawyer of the Year", Fort Wayne, in the area of Business Organizations (including LLCs and Partnerships) in 2024 and 2026 ####Professional and Community Involvement Member, Allen County Bar AssociationMember, Associated Churches Foundation Board of DirectorsMember, Embassy Theatre Board of DirectorsMember, Greater Fort Wayne Inc. Board of DirectorsFinance Committee Member, St. Charles Borromeo Catholic ChurchSchool Board Member, St. Charles Borromeo Catholic SchoolFormer board member for: Habitat for Humanity of Greater Fort Wayne Board of Directors - Member, Executive CommitteeNeighborLink Fort Wayne Board of Directors - TreasurerAllen County- Fort Wayne Historical Society Board of DirectorsNortheastern Rural Electric Membership Corporation (REMC) - Former member, nominating committee - Former member, Credentials and Election Committee ####Bar and Court Admissions - Indiana - U.S. District Courts of the Northern and Southern Districts of Indiana - U.S. Tax Court ####Education B.S., Accounting, Indiana University Doermer School of Business, Fort Wayne - Certified Public Accountant (inactive status) J.D., cum laude, Indiana University Robert H. McKinney School of Law, Indianapolis # Robert T. Keen Jr. : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/robert-t-keen-jr ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Keen Jr., Robert T. ##Partner **Phone:**[260.423.8903](https://tel:+12604238903) **Fax:** 260.423.8920 **Email:**[rtk@barrettlaw.com](https://mailto:rtk@barrettlaw.com) Support Team Legal Assistant: [Heather N. Warner](https:///our-staff/heather-n-warner) Paralegal: [Jamie L. Schofield](https:///our-staff/jamie-l-schofield) [](https://www.linkedin.com/in/robert-keen-98940676) ![](https:///Cache/335d796454ba17c7d055d438bc5fca43-482-Width-1-0-CenterCenter.jpg) #Keen Jr., Robert T. ##Partner ###Practice Areas: [Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Insurance Defense](https:///practice-areas/insurance-defense)[Litigation Services](https:///practice-areas/litigation-services) ####Profile Robert T. Keen Jr. is a trial lawyer who focuses his litigation practice in the areas of commercial litigation, insurance defense, premises liability, products liability, employment litigation, and the defense of lawsuits filed against local governments and police officers. Bob has tried hundreds of cases in state and federal courts across the State of Indiana for businesses, insurance companies, and governmental entities. ####Professional Honors Fellow, American College of Trial Lawyers - Limited to the top one percent of the total lawyer population in any state. Selected for inclusion in [The Best Lawyers in America](https://www.bestlawyers.com/lawyers/robert-t-keen-jr/31774)publication every year since 2007 in the following practice areas: - Commercial Litigation, - Bet-the-Company Litigation; - Litigation – Labor and Employment; - Personal Injury Litigation – Defendants; and - Litigation – Municipal and Civil Rights Law. Recognized as a Fort Wayne "Lawyer of the Year" by The Best Lawyers in America publication in: - 2016 and 2024 for Personal Injury Litigation – Defendants; - 2018 for Litigation – Labor and Employment; and - 2020 for Bet-the-Company Litigation. Recognized in the Indiana Super Lawyer magazine since it was first published in 2004. AV® Preeminent™ rated attorney based on Martindale-Hubbell peer review ratings. * AV® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Professional and Community Involvement Member, Allen County Bar AssociationMember, Indiana State Bar AssociationMember, Defense Trial Counsel of IndianaMember, Defense Research InstituteMember, Federation of Defense & Corporate CounselMember, Benjamin Harrison American Inns of Court - Past President ####Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana - U.S. Court of Appeals for the Seventh Circuit - U.S. Supreme Court ####Education - B.A., cum laude, University of Notre Dame - J.D., University of Notre Dame [![](https:///Data/Accounts/Files/1/4a8a19d95482ac2731122647c1dd7c23-ACTL_Logo_Email_Web-min.jpg)](https://online.actl.com/actlssa/censsacustlkup.result_page?p_cust_id=&p_key=0AB5693CFD708CB6) [![](https:///Data/Accounts/Files/1/c7bb75900a4c443421577df1f6bada00-mybadge(7).png)](https://profiles.superlawyers.com/indiana/ft-wayne/lawyer/robert-t-keen-jr/6f24fc9d-1b95-45df-8f36-5ebbccaf31cd.html) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/30dd56d26bb9e602d3a08d67f80782b7-Robert_T_Keen_PR_AV_200.png)](https://www.martindale.com/attorney/robert-t-keen-jr-168094820/) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/60fefe58edbf2c7c519c1ff6152a6bee-FDCC-LogoforMembers.jpg)](https://thefederation.site-ym.com/Login.aspx)[![](https:///Data/Accounts/Files/1/47c5bdd4655e03dfd121a6b6a9a2a23b-AMBest2025.jpg)](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.us.m.mimecastprotect.com%2Fs%2FwFTtCL9AP5UPQlGocqh3SyTQvC%3Fdomain%3Dambest.com&data=05%7C02%7Cmjr%40barrettlaw.com%7Ccbcc0b3c38594c80420908dd2f2c17d1%7C1276106541c54441afeb32bda0bebe5a%7C0%7C0%7C638718588627035089%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=e2xC5%2BZn98NMEtxysTjqjanR7jE6d4ZSeqBN8ulZxRE%3D&reserved=0) # Emily S. Szaferski : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/emily-s-szaferski ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Szaferski, Emily S. ##Partner **Phone:**[260.423.8827](https://tel:+12604238827) **Fax:** 260.423.8920 **Email:**[ess@barrettlaw.com](https://mailto:ess@barrettlaw.com) Support Team Paralegal: [Amanda V Bodigon](https:///our-staff/amanda-v-bodigon) Legal Assistant: [Lauren K. Fields](https:///our-staff/lauren-k-fields) [](https://www.linkedin.com/in/emily-szaferski-7901431) ![](https:///Cache/78e1fd80f0415010c7d31d8326b339d8-482-Width-1-0-CenterCenter.jpg) #Szaferski, Emily S. ##Partner ###Practice Areas: [Family and Domestic Law](https:///practice-areas/family-and-domestic-law) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/498379552](https://player.vimeo.com/video/498379552) A Certified Family Law Specialist with over two decades of experience, Emily approaches issues in a practical and compassionate manner for clients. In her domestic and family law practice, Emily Szaferski concentrates on dissolutions, adoptions, paternity matters, custody disputes, child support issues, and guardianships. She handles various types of adoptions including private, agency and foster adoptions, adoptions that involve the Interstate Compact on the Placement of Children, and the finalization of international adoptions. ####Professional Honors - Certified Family Law Specialist- Family Law Certification Board - Selected for inclusion since 2021 in the [Best Lawyers® in America](https://www.bestlawyers.com/lawyers/emily-s-szaferski/235765)publication in the area of family law. ####Professional and Community Involvement Member, Allen County Bar Association - Member, Family Law Section's Executive CommitteeMember, Indiana State Bar Association - Member, American Citizenship Committee, 20142021 Celebrity Dancer, [The Carriage House Dancing with the Fort Wayne Stars Fundraiser](https://www.facebook.com/p/Dancing-With-The-Fort-Wayne-Stars-100064643835529/)Former member of the boards of directors for: - Bill Lewis Center for Children, - Martin Luther King Montessori School, and - Fort Wayne Sports Corporation.Recognized by the local chapter of the Leukemia and Lymphoma Society for her activity as: - Leadership Committee Member, - One of three “Women of the Year” in 2013, and an - All-Star for the 2020 Man and Woman of the Year national program. ####Bar and Court Admissions - Indiana - U.S. District Court for the Northern and Southern Districts of Indiana ####Education B.S., Accounting, and B.A., Business Administration, University of Saint Francis - Four year scholarship basketball playerJ.D., Indiana University School of Law, Indianapolis ![](https:///Data/Accounts/Files/1/1b20ef58f9116ddfcebe9fd38a73b2b1-FamilyLawCertificationBadge(Blue)(002)-min.png) # Marcus A. Heminger : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/marcus-a-heminger ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Heminger, Marcus A. ##Partner **Phone:**[260.423.8908](https://tel:+12604238908) **Fax:** 260.423.8920 **Email:**[mah@barrettlaw.com](https://mailto:mah@barrettlaw.com) Support Team Legal Assistant: [Alana S. Miller](https:///our-staff/alana-s-miller) Paralegal: [Brittany M. Bruick](https:///our-staff/brittany-m-bruick) ![](https:///Cache/208dde98b5b1e13e6f7f337af858b54a-482-Width-1-0-CenterCenter.jpg) #Heminger, Marcus A. ##Partner ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Securities Law](https:///practice-areas/securities-law)[Corporate and Business Law](https:///practice-areas/business-law) ####Profile Marcus A. Heminger concentrates his practice in the areas of corporate and business law and securities law. He has extensive experience in corporate transactions, mergers, acquisitions, dispositions, joint ventures, private and registered public securities offerings, SEC reporting compliance, and NYSE and NASDAQ regulatory compliance. Prior to returning to Fort Wayne and joining Barrett McNagny, Marcus spent more than five years working at one of New York's largest law firms, where he gained valuable experience with the firm's Capital Markets Group. His corporate governance and securities law experience also includes drafting and reviewing SEC disclosure documents, including Annual Reports, Quarterly Reports, Current Reports, Proxy Statements, Stock Ownership Disclosures, offering documents and other required filings, and responding to SEC comment letters, exchange and self-regulatory organization inquiries, and Department of Justice investigations. ####Representative Securities Offerings - Initial Public Offerings - $500 million, $295 million, $29 million - Common Stock - $190 million, $130 million - Preferred Stock - $94 million, $60 million, $50 million, $48 million, $43 million, $41 million, $36 million, $29 million, $22 million, $16 million - Depositary Shares - $500 million, $100 million - Senior Notes - $2.25 billion, $1.2 billion, $1 billion, $700 million, $500 million, $500 million, $500 million, $500 million, $400 million, $300 million, $135 million, $115 million - Guaranteed Notes - $500 million, $500 million - Convertible Notes - $200 million, $135 million, $1.5 million - Medium Term Notes - $18 billion program with various takedowns, $3 billion program with initial $1 billion takedown, $3 billion program with various takedowns, $2 billion takedown, AUD $1 billion takedown - Tender Offers and Exchange Offers - $1.2 billion, $400 million - At-The-Market Equity Offering Programs - $300 million, $170 million, $125 million ####Representative Corporate Transactions - Stock and Asset Acquisitions – $1.625 billion, $400 million, $135 million, $115 million, $45 million, $7 million, $5 million - Stock and Asset Dispositions – $45 million, $35 million, $30 million, $10 million, $4 million, $2.5 million ####Professional Honors and Community Involvement - Listed in the 2023, 2024 and 2025 [Best Lawyers® in America](https://www.bestlawyers.com/lawyers/marcus-a-heminger/235163)publications in the areas of Securitization and Structed Finance Law and Securities/Capital Markets Law. - Listed in 2018 and 2019 in the Indiana Super Lawyers© publications as a “Rising Star” in the areas of securities and corporate finance. - Named by Greater Fort Wayne Business Weekly a Forty Under 40 award recipient, 2019 - Member, Northeast Indiana Football Association Board of Directors - Former Member, Erin’s House for Grieving Children Board of Directors - Graduate, Greater Fort Wayne Inc.’s Leadership Fort Wayne program, 2016 ####Bar and Court Admissions & Education ###Bar and Court Admissions - Indiana - New York - U.S. District Court for the Northern and Southern Districts of Indiana ###Education - B.S., Management with a minor in Finance, Purdue University - J.D., Cornell Law School # William A. Ramsey : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/william-a-ramsey ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Ramsey, William A. ##Partner **Phone:**[260.423.8824](https://tel:+12604238824) **Fax:** 260.423.8920 **Email:**[war@barrettlaw.com](https://mailto:war@barrettlaw.com) Support Team Legal Assistant: [Sandy M. Hyndman](https:///our-staff/sandy-m-hyndman) Paralegal: [Oliana L. Nansen](https:///our-staff/oliana-l-nansen) [](https://www.linkedin.com/pub/william-ramsey/62/b99/32b) ![](https:///Cache/1b6ff1c0b13f6d03ed859e8a8958ccba-482-Width-1-0-CenterCenter.jpg) #Ramsey, William A. ##Partner ###Practice Areas: [Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Medical Malpractice Defense](https:///practice-areas/medical-malpractice-defense)[Health Care Law](https:///practice-areas/health-care-law)[Appellate Law](https:///practice-areas/appellate-law)[Insurance Defense](https:///practice-areas/insurance-defense)[Intellectual Property Law](https:///practice-areas/intellectual-property-law)[Estate and Trust Litigation](https:///practice-areas/estate-and-trust-litigation)[Litigation Services](https:///practice-areas/litigation-services)[Trade Secrets](https:///practice-areas/trade-secrets) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/498014523](https://player.vimeo.com/video/498014523) William Ramsey represents clients on appeals, defends medical malpractice and general liability claims, and litigates business and commercial matters, including disputes related to trade secrets, copyright, and trademark rights. He also represents corporate and professional clients with licensing and compliance issues. He has jury trial experience and has appeared before the Indiana Court of Appeals, Indiana Tax Court, Indiana Supreme Court and the Seventh Circuit for oral arguments. ####Professional Honors and Community Involvement ###Professional Honors - Selected for inclusion in the [Best Lawyers in America®](https://www.bestlawyers.com/lawyers/william-a-ramsey/189794)publication since 2018. - Recognized in 2019, 2021, 2023 and 2025 in the Best Lawyers in America® publications as "Lawyer of the Year", Fort Wayne, for medical malpractice law - defendants. - AV® Preeminent™ rated attorney by Martindale-Hubbell based on their peer review ratings. - Selected for inclusion in the Indiana Super Lawyers© publication from 20014- 2016 as a “Rising Star”, since 2017 on the Super Lawyers© list, and on the 2022 Top 50 list for Indiana. - Past recipient of a first and second place Harrison Legal Writing Award from the Indiana State Bar Association. - Named by Greater Fort Wayne Business Weekly a Forty Under 40 award recipient. ###Professional and Community Involvement Member, Allen County County Bar Association - Vice-Chair, Appellate Section - Member, Civil Litigation Section Executive CommitteeMember, Indiana State Bar Association - Past Co-Chair, Written Publications CommitteeMember, Defense Trial Counsel of IndianaMember, PBS 39 (Public Broadcasting Station) Board of DirectorsMember, The Brown Ink SocietyPast Member, Science Central Board of Directors * AV ® Preeminent™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. The AV rating is a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. ####Articles, Publications & Seminars ###Articles - ["Is it medical malpractice or ordinary negligence?"](https://www.barrettlaw.com/blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) - [Indiana Supreme Court Defines Use of Liquidated Damages Clauses in Employment Contracts](https://www.barrettlaw.com/blog/labor-and-employment-law/indiana-supreme-court-defines-use-of-liquidated-damages-clauses-in-employment-contracts) - [Court of Appeals Issues Decision Regarding Mitigation of Damages](https://www.barrettlaw.com/blog/appellate-law/court-of-appeals-issues-decision-regarding-mitigation-of-damages) - [Appealing Interlocutory or Non-Final Orders](https://www.barrettlaw.com/blog/appellate-law/appealing-interlocutory-or-non-final-orders) - [Can I use that? – Protecting your business from copyright litigation](https://www.barrettlaw.com/blog/intellectual-property-law/can-i-use-that-protecting-your-business-from-copyright-litigation) - [The Health Care Peer Review Process](https://www.barrettlaw.com/blog/health-care/the-health-care-peer-review-process) - [What to Do if Your Company Is Sued](https://www.barrettlaw.com/blog/litigation/what-to-do-if-your-company-is-sued) - [The Risks Associated Doctors Crossing Borders](https://www.barrettlaw.com/blog/health-care/the-risks-associated-doctors-crossing-borders) - [Supreme Court Issues Decision in Patchett v. Lee](https://www.barrettlaw.com/blog/appellate-law/supreme-court-issues-decision-in-patchett-v-lee) - ["How to Use the Region as a Recruiting Tool" Article](https://www.barrettlaw.com/blog/news/how-to-use-the-region-as-a-recruiting-tool-article) - [Medical Malpractice Act Amended](https://www.barrettlaw.com/blog/litigation/medical-malpractice/medical-malpractice-act-amended) - [Supreme Court Finds Divorced Parents Not Required to Pay for Children’s Postgraduate Education Expenses](https://www.barrettlaw.com/blog/appellate-law/supreme-court-finds-divorced-parents-not-required-to-pay-for-childrens-postgraduate-education-expenses) - [Masters v. Masters, ---N.E. 3d---,2015 WL 6107845 (Ind. Oct. 16, 2015)*](https://www.barrettlaw.com/blog/appellate-law/masters-v-masters-ne-3d-2015-wl-6107845-ind-oct-16-2015) - [Cleveland Range, LLC vs. Lincoln Fort Wayne Associates, LLC](https://www.barrettlaw.com/blog/appellate-law/cleveland-range-llc-vs-lincoln-fort-wayne-associates-llc) - [Article on contractual liability exclusions](https://www.barrettlaw.com/blog/litigation/article-on-contractual-liability-exclusions) - [Interlocutory Appeals: Ball State v. Irons and Ferguson v. Estate of Ferguson](https://www.barrettlaw.com/blog/appellate-law/interlocutory-appeals-ball-state-v-irons-and-ferguson-v-estate-of-ferguson) - [Untimely Notices of Appeal: In re Adoption of O.R. one year later](https://www.barrettlaw.com/blog/appellate-law/untimely-notices-of-appeal-in-re-adoption-of-or-one-year-later) - [Court Issues Decision Clarifying Reasonableness of Expert Witness Fees](https://www.barrettlaw.com/blog/appellate-law/court-issues-decision-clarifying-reasonableness-of-expert-witness-fees) - ["Loss of Chance: A Historical Overview and Analysis of the Doctrine's Current State"](https://www.barrettlaw.com/blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) - [Medical Malpractice Act](https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-act) - [Visitation Rights](https://www.barrettlaw.com/blog/appellate-law/visitation-rights) - [Pretrial Procedure](https://www.barrettlaw.com/blog/appellate-law/pretrial-procedure) - [Medical Malpractice Claim](https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-claim) - [Criminal Law](https://www.barrettlaw.com/blog/appellate-law/criminal-law) - [Family Law: Contribution to Child's College Education](https://www.barrettlaw.com/blog/appellate-law/family-law-contribution-to-childs-college-education) - [Products Liability Case Providing Analysis of Personal Jurisdiction](https://www.barrettlaw.com/blog/appellate-law/products-liability-case-providing-analysis-of-personal-jurisdiction) - [Employment Law](https://www.barrettlaw.com/blog/appellate-law/employment-law) - [Family Law: Grandparents' Rights](https://www.barrettlaw.com/blog/appellate-law/family-law-grandparents-rights) - [Subject Matter Jurisdiction to Hear Labor Disputes](https://www.barrettlaw.com/blog/appellate-law/subject-matter-jurisdiction-to-hear-labor-disputes) - [Premises Liability](https://www.barrettlaw.com/blog/appellate-law/premises-liability) - [Appeals in the News- early January](https://www.barrettlaw.com/blog/appellate-law/appeals-in-the-news-early-january) - [Tort Prejudgment Interest Statutes](https://www.barrettlaw.com/blog/appellate-law/tort-prejudgment-interest-statutes) - [Child Custody](https://www.barrettlaw.com/blog/appellate-law/child-custody) - [Appellate Procedure](https://www.barrettlaw.com/blog/appellate-law/appellate-procedure) - [Protective Orders](https://www.barrettlaw.com/blog/appellate-law/protective-orders) - [Criminal Procedure - Search and Seizure](https://www.barrettlaw.com/blog/appellate-law/criminal-procedure-search-and-seizure) - [Underinsured Motorist Insurance and Subrogation Rights](https://www.barrettlaw.com/blog/appellate-law/underinsured-motorist-insurance-and-subrogation-rights) - [Medical Malpractice](https://www.barrettlaw.com/blog/appellate-law/medical-malpractice) - [Medical Malpractice and Appellate Procedure](https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-and-appellate-procedure) - [Medical Malpractice and Nurses Serving on Medical Review Panels](https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-and-nurses-serving-on-medical-review-panels) - [Commercial Litigation: Contractor v. Homeowners](https://www.barrettlaw.com/blog/appellate-law/commercial-litigation-contractor-v-homeowners) - [Prenatal Records & Medical Negligence](https://www.barrettlaw.com/blog/appellate-law/prenatal-records-and-medical-negligence) - [Tactical Decisions for Trial Counsel](https://www.barrettlaw.com/blog/appellate-law/tactical-decisions-for-trial-counsel) - [Underinsured Motorist Coverage Provision](https://www.barrettlaw.com/blog/appellate-law/underinsured-motorist-coverage-provision) - [Cross Examination of Expert Witness](https://www.barrettlaw.com/blog/appellate-law/cross-examination-of-expert-witness) - [Child Support](https://www.barrettlaw.com/blog/appellate-law/child-support) - [Due Process](https://www.barrettlaw.com/blog/appellate-law/due-process) - [Notice of Tort Claims](https://www.barrettlaw.com/blog/appellate-law/notice-of-tort-claims) - [Obligation to Pay Child Support](https://www.barrettlaw.com/blog/appellate-law/obligation-to-pay-child-support) - [Protected Person Statute](https://www.barrettlaw.com/blog/appellate-law/protected-person-statute) - [Termination of Child Support](https://www.barrettlaw.com/blog/appellate-law/termination-of-child-support) - [Governmental Liability](https://www.barrettlaw.com/blog/appellate-law/governmental-liability) - [Legal Malpractice](https://www.barrettlaw.com/blog/appellate-law/legal-malpractice) - [Wrongful Death and Premises Liability](https://www.barrettlaw.com/blog/appellate-law/wrongful-death-and-premises-liability) - [Attorney-Client Relations](https://www.barrettlaw.com/blog/appellate-law/attorney-client-relations) - [Appellate Procedure: In re Estate of Shuler (Ind. Ct. App May 25, 2012)](https://www.barrettlaw.com/blog/appellate-law/appellate-procedure-in-re-estate-of-shuler-ind-ct-app-may-25-2012) - [Landlord-Tenant Law](https://www.barrettlaw.com/blog/appellate-law/landlord-tenant-law) - [Service of Pleadings and Motions](https://www.barrettlaw.com/blog/appellate-law/service-of-pleadings-and-motions) - [Insurance Coverage](https://www.barrettlaw.com/blog/appellate-law/insurance-coverage) - [Belated Criminal Appeals](https://www.barrettlaw.com/blog/appellate-law/belated-criminal-appeals) - [Appellate Jurisdiction](https://www.barrettlaw.com/blog/appellate-law/appellate-jurisdiction) - [Unemployment Benefits](https://www.barrettlaw.com/blog/appellate-law/unemployment-benefits) - [Fourth Amendment](https://www.barrettlaw.com/blog/appellate-law/fourth-amendment) - [Worker's Compensation Exclusivity](https://www.barrettlaw.com/blog/appellate-law/workers-compensation-exclusivity) - [Duty for Safety on Construction Site](https://www.barrettlaw.com/blog/appellate-law/duty-for-safety-on-construction-site) - [Insurance Coverage for Pollution](https://www.barrettlaw.com/blog/appellate-law/insurance-coverage-for-pollution) - [Appellate Attorney Fees](https://www.barrettlaw.com/blog/appellate-law/appellate-attorney-fees) - [Due Process Requirements for Tax Sales](https://www.barrettlaw.com/blog/appellate-law/due-process-requirements-for-tax-sales) - [Civil Jury Instructions](https://www.barrettlaw.com/blog/appellate-law/civil-jury-instructions) - [Attorney Discipline](https://www.barrettlaw.com/blog/appellate-law/attorney-discipline) - [Indiana Appellate Decision Addressing the Underinsured Motorist Statute](https://www.barrettlaw.com/blog/appellate-law/indiana-appellate-decision-addressing-the-underinsured-motorist-statute) - [Insurance Coverage for Environmental Cleanup](https://www.barrettlaw.com/blog/appellate-law/insurance-coverage-for-environmental-cleanup) - [Government Employee's Free Speech Rights](https://www.barrettlaw.com/blog/appellate-law/government-employees-free-speech-rights) - [Due Process in CHINS Adjudications](https://www.barrettlaw.com/blog/appellate-law/due-process-in-chins-adjudications) - [Attorney Fees](https://www.barrettlaw.com/blog/appellate-law/attorney-fees) - [Criminal Jury Instructions](https://www.barrettlaw.com/blog/appellate-law/criminal-jury-instructions) - [Police and Firefighter Disability Fund](https://www.barrettlaw.com/blog/appellate-law/police-and-firefighter-disability-fund) - [Personal Jurisdiction](https://www.barrettlaw.com/blog/appellate-law/personal-jurisdiction) - [Underinsured Motorists Coverage](https://www.barrettlaw.com/blog/appellate-law/underinsured-motorists-coverage) - [Motorist's Duty to other Motorists](https://www.barrettlaw.com/blog/appellate-law/motorists-duty-to-other-motorists) - [Batson Challenges](https://www.barrettlaw.com/blog/appellate-law/batson-challenges) - [Criminal Sentencing](https://www.barrettlaw.com/blog/appellate-law/criminal-sentencing) - [Online Privacy](https://www.barrettlaw.com/blog/appellate-law/online-privacy) - [Notice Pleading](https://www.barrettlaw.com/blog/appellate-law/notice-pleading) - [Interlocutory Appeals and Appellate Jurisdiction](https://www.barrettlaw.com/blog/appellate-law/interlocutory-appeals-and-appellate-jurisdiction) ###Publications and Seminars Frequent speaker at state and local associations on litigation related topics. Regular contributor to the [Barrett McNagny Appellate Law Blog](https://www.barrettlaw.com/blog/appellate-law) Published in: The Appellate Advocate - "Keeping the Record Straight: The Rule Against Supplementing The Record on Appeal and Exceptions Thereto" Defense Trial Counsel of Indiana - ["Loss of Change: A Historical Overview and Analysis of the Doctrine's Current State"](https://www.barrettlaw.com/Data/Accounts/Files/1/DefenseTrialCounselofIndianaCivilLitigationReview.pdf) The Indiana Lawyer - ["The Right to a Meaningful Medical Review Panel"](https://www.theindianalawyer.com/articles/dtci-the-right-to-a-meaningful-medical-review-panel) - ["The Misadventures of the Traveling Employee"](https://www.theindianalawyer.com/articles/45117-the-misadventures-of-the-traveling-employee) ####Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana - Northern District of Ohio - Eastern District of Michigan ####Education - B.A., English, Indiana University-Purdue University Fort Wayne - J.D., magna cum laude, Indiana University School of Law, Bloomington [![](https:///Data/Accounts/Files/1/1d6186fdcb3927f7c28864049eb8579b-mybadge(10).png)](https://profiles.superlawyers.com/indiana/ft-wayne/lawyer/william-a-ramsey/2d80e28c-16e7-4fa9-87ee-accfd26720fc.html) [![](https://www.barrettlaw.com/Data/Accounts/Files/1/f628403ae43cdb42cc66f0e1325c3442-William_A_Ramsey_PR_AV_250.png)](https://www.martindale.com/attorney/william-a-ramsey-168766308/) [![](https://www.ambest.com/directory/mainimages/ATTY.jpg)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1) # Benjamin D. Ice : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/benjamin-d-ice ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Ice, Benjamin D. ##Partner **Phone:**[260.423.8822](https://tel:+12604238822) **Fax:** 260-423-8920 **Email:**[bdi@barrettlaw.com](https://mailto:bdi@barrettlaw.com) Support Team Legal Assistant: [Leeann Miller](https:///our-staff/leeann-miller) Paralegal: [Rachel L. Tucker](https:///our-staff/rachel-l-tucker) [](https://www.linkedin.com/pub/benjamin-ice/63/105/9b3) ![](https:///Cache/5fee217449323c1ec52363572f1d71a1-482-Width-1-0-CenterCenter.jpg) #Ice, Benjamin D. ##Partner ###Practice Areas: [Medical Malpractice Defense](https:///practice-areas/medical-malpractice-defense)[Health Care Law](https:///practice-areas/health-care-law)[Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Intellectual Property Law](https:///practice-areas/intellectual-property-law)[Litigation Services](https:///practice-areas/litigation-services)[Insurance Defense](https:///practice-areas/insurance-defense) ####Profile Ben is a partner in the firm’s litigation section, where he represents clients in challenging and complex litigation matters. He has experience in all aspects of litigation, including trial work and appeals. Ben has significant experience in representing professionals in cases alleging professional negligence, including more than 50 jury trials. He also focuses on intellectual property litigation and business and commercial litigation. ####Professional Honors - Listed since 2016 in [The Best Lawyers® in America](https://www.bestlawyers.com/Search?query=Benjamin%20D.%20%22Ben%22%20Ice)publication in the area of litigation-insurance. - Listed in the 2021 and the 2024 The Best Lawyers® in America publication as a "Lawyer of the Year", Fort Wayne in the area of litigation-insurance. - Listed since 2017 in the Indiana Super Lawyers publication in the area of Medical Malpractice Defense. - Listed five separate times as a "Rising Star" in the Indiana Super Lawyers publication. ####Articles, Professional and Community Involvement **Articles** - [Day-to-day Practices to Promote Litigation Success](https://www.barrettlaw.com/blog/litigation/day-to-day-practices-to-promote-litigation-success) - [Constitutional Law](https://www.barrettlaw.com/blog/appellate-law/constitutional-law) **Professional & Community Involvement** - Member, Allen County Bar Association - Chair, Trial Lawyers SectionMember, Indiana State Bar Association ####Bar and Court Admissions - Indiana - U.S. District Courts Northern and Southern Districts of Indiana ####Education - B.A., Criminal Justice & Criminology, Ball State University J.D., Indiana University School of Law, Bloomington - Member, Federal Communication Law Journal Named to the Order of the Barristers [![](https:///Data/Accounts/Files/1/7c2fa8694b632455cb16b34a8616403e-mybadge(1).png)](https://profiles.superlawyers.com/indiana/ft-wayne/lawyer/benjamin-d-ice/3eae0602-23e7-4c23-8c6a-9481b6b58868.html) [![](https://www.ambest.com/directory/mainimages/ATTY.jpg)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1) # Justin T. Molitoris : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/justin-t-molitoris ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Molitoris, Justin T. ##Partner **Phone:**[260.423.8859](https://tel:+12604238859) **Fax:** 260.423.8920 **Email:**[jtm@barrettlaw.com](https://mailto:jtm@barrettlaw.com) Support Team Paralegal: [Brittany M. Bruick](https:///our-staff/brittany-m-bruick) Legal Assistant: [Courtney L. Cole](https:///our-staff/courtney-l-cole) [](https://www.linkedin.com/in/justin-molitoris-34a9a922) ![](https:///Cache/a7b35fe48e1fdfa336fc772670ff1a72-482-Width-1-0-CenterCenter.jpg) #Molitoris, Justin T. ##Partner ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Cybersecurity & Privacy](https:///practice-areas/cybersecurity-and-privacy)[Corporate and Business Law](https:///practice-areas/business-law) ####Profile Justin T. Molitoris concentrates his practice in the areas of mergers and acquisitions, data privacy and cybersecurity, and technology transactions. He works with clients of all sizes including sole proprietors, family-owned businesses and Fortune 500 companies assisting with a variety of corporate and business law matters, ranging from business formation and organization, corporate governance matters, contract drafting and review, and business transitions. He also has experience working on antitrust matters and assisting companies with Hart-Scott-Rodino analysis. Justin is a Certified Information Privacy Professional (United States) by the International Association of Privacy Professionals. He advises businesses on the impact of privacy laws in their day-to-day operations, including providing privacy impact assessments and risk assessments regarding the use and potential misuse of personally identifiable information. He counsels businesses on technological developments, including assisting with cybersecurity issues, breach preparedness , and software licensing. ####Professional Honors & Community Involvement ###Professional Honors - Selected as a 2025 Leadership in Law Honoree by [The Indiana Lawyer ](https://www.theindianalawyer.com/leadership-in-law-2025)in the category of "Up & Coming Lawyers". - Selected for inclusion since 2023 in the [Best Lawyers® in America: Ones to Watch](https://www.bestlawyers.com/lawyers/justin-t-molitoris/250825) in the areas of Business Organizations (including LLCs and Partnerships), Corporate Law, Mergers & Acquisitions Law, Privacy and Data Security Law and Securities/Capital Markets Law. - Selected as a "Rising Star" in the 2025 & 2026 Indiana Super Lawyers publications. ###Professional and Community Involvement - Member, Indiana Bar AssociationMember, Allen County Bar AssociationFormer Member, Fort Wayne Civic Theatre Board of Directors - PresidentMember, St. Thomas More Society of Fort Wayne - TreasurerGraduate of Greater Fort Wayne Inc.’s Leadership Fort Wayne Program Former Assistant Coach, Canterbury High School Varsity and Junior Varsity Boys Basketball TeamsFormer Member, Allen County Parks and Recreation Board of Directors, overseeing Fox Island and Matea County Parks ####Bar and Court Admissions - Indiana Ohio U.S. District Courts for the Northern and Southern Districts of Indiana ####Articles & Webinars **Webinars** - [Click Here to view Justin's webinar on The Changing Landscape of Data Security](https://www.barrettlaw.com/data-security-and-privacy-webinar) - [Click here to view Justin's webinar on Data Privacy: Protect Your Company's Data](https://youtu.be/owAJ9FdrN8g) **Articles** - [Privacy Law and Cybersecurity Issues for Business](https://www.barrettlaw.com/blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses)[Cybersecurity Basics in an Ever- Connected World](https://www.barrettlaw.com/blog/cybersecurity/cybersecurity-basics-in-an-ever-connected-world)[Business Startup Formation Checklist](https://www.barrettlaw.com/blog/business-and-corporate-law/business-startup-formation-checklist)[Recent Changes to the Intrastate Exemption for Sale of Securities](https://www.barrettlaw.com/blog/business-and-corporate-law/securities/recent-changes-to-the-intrastate-exemption-for-sale-of-securities) ####Education - B.A., Political Science and B.A. in English, with honors, Schreyer Honors College, Pennsylvania State University - J.D., cum laude, Indiana University - Maurer School of Law [![](https:///Data/Accounts/Files/1/8647854354a8adc3127b95246e275891-mybadge(4).png)](https://profiles.superlawyers.com/indiana/ft-wayne/lawyer/justin-t-molitoris/4d7e78e1-e325-4ec3-b469-da500b23f510.html) [![](https:///Data/Accounts/Files/1/59ad6ce98fda5aac753b1144d37ca1da-2025_LiL_Social_Honorees_Toolkit-6.jpg)](https://www.theindianalawyer.com/leadership-in-law-2025) # Thomas E. Ludwiski : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/thomas-e-ludwiski ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Ludwiski, Thomas E. ##Partner **Phone:**[260.423.8870](https://tel:+12604238870) **Fax:** 260.423.8920 **Email:**[tel@barrettlaw.com](https://mailto:tel@barrettlaw.com) Support Team Legal Assistant: [Alana S. Miller](https:///our-staff/alana-s-miller) Paralegal: [Brittany M. Bruick](https:///our-staff/brittany-m-bruick) [](https://www.linkedin.com/in/tom-ludwiski-6873a03b/) ![](https:///Cache/59e27b337f95459cf6ef91548ec2fa5b-482-Width-1-0-CenterCenter.jpg) #Ludwiski, Thomas E. ##Partner ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Tax Law and Taxation](https:///practice-areas/tax-law-and-taxation)[Public Finance Law](https:///practice-areas/public-finance-law)[Corporate and Business Law](https:///practice-areas/business-law)[Economic Development and Real Estate](https:///practice-areas/economic-development-and-real-estate) ####Profile Tom Ludwiski concentrates his practice in the areas of mergers and acquisitions and complex investment structuring as part of our transactions team. He regularly represents both strategic and financial buyers and sellers in the financial services and manufacturing industries and is heavily involved in tax structuring, negotiations, drafting and due diligence. Additionally, he assists businesses in restructuring and recapitalization transactions, including preferred and other minority investments. Tom also counsels clients with regard to complex financing arrangements, including the allocation, use and monetization of tax credits. He serves as bond counsel, borrower’s counsel and issuer’s counsel in taxable and tax-exempt bond and note issues for public and private issuers. Prior to joining Barrett McNagny, Tom, a Certified Public Accountant (inactive), spent several years at a public accounting firm as a Senior Tax Associate. He has experience working with companies of all sizes with a focus on tax planning and partnership tax. ####Professional Honors - Selected for inclusion since 2021 in the [Best Lawyers in America®: Ones to Watch](https://www.bestlawyers.com/lawyers/thomas-e-tom-ludwiski/261179) publication in the areas of corporate and tax law, business organizations, and mergers & acquisitions. ####Professional and Community Involvement - Member, Allen County Bar Association - Member, Financial Executives International - Member, St. Jude Catholic Church - Treasurer, Downtown Improvement District of Fort Wayne Board of Directors - Member, Forest Park Blvd. Neighborhood Association Board ####Bar and Court Admissions - Indiana ####Education B.S., Accounting, with high distinction, Kelley School of Business, Indiana University - Founder’s ScholarJ.D., Indiana University Robert H. McKinney School # George Pappas : Patent & Trademark Attorney, Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/george-pappas ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Pappas, George ##Patent & Trademark Attorney, Partner **Phone:**[260.423.8802](https://tel:+12604238802) **Fax:** 260.423.8920 **Email:**[gp@barrettlaw.com](https://mailto:gp@barrettlaw.com) Support Team Legal Assistant: [IP Legal Assistant](https:///our-staff/ip-legal-assistant) [](https://www.linkedin.com/in/george-pappas-43579b152/) ![](https:///Cache/ecfd15193423af606e1c6c8a89b0f81a-482-Width-1-0-CenterCenter.jpg) #Pappas, George ##Patent & Trademark Attorney, Partner ###Practice Areas: [Intellectual Property Law](https:///practice-areas/intellectual-property-law)[Patents](https:///practice-areas/patents)[Trade Secrets](https:///practice-areas/trade-secrets)[Trademarks](https:///practice-areas/trademarks)[Copyrights](https:///practice-areas/copyrights) ####Profile Focused exclusively on intellectual property, George Pappas has over thirty years of experience assisting clients with their patent, trademark, and copyright legal needs. He is a registered patent attorney and regularly represents clients before the United States Patent and Trademark Office. He has worked with businesses and entrepreneurs to obtain patents for their inventions of various products and methods and has handled licensing, prosecution, and infringement of patents. Mr. Pappas has obtained numerous patents in technologies ranging from medical devices to high-rise building facade systems and automated bulk material form-fill machines. Prior to joining Barrett in 2019, Mr. Pappas had his own intellectual property firm serving clients in the Midwest and throughout the United States. He has worked with businesses of all sizes from sole proprietorships to Fortune 500 companies. He has extensive experience in registering and defending trademarks and trade dress, protecting copyrights and establishing and protecting trade secrets. ####Professional and Community Involvement - Member, Allen County Bar Association - Member, Indiana State Bar Association ####Bar and Court Admissions - United States Patent and Trademark Office - Indiana State Courts - United States District Courts for the Northern and Southern Districts of Indiana ####Education - B.S., Mechanical Engineering with an Electrical Engineering Minor, Valparaiso University - J.D., Valparaiso University School of Law - Fluent in Greek and Macedonian # Carta H. Robison : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/carta-h-robison ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Robison, Carta H. ##Associate **Phone:**[260.423.8910](https://tel:+12604238910) **Fax:** 260.423.8920 **Email:**[chr@barrettlaw.com](https://mailto:chr@barrettlaw.com) Support Team Paralegal: [Danielle A. Southerland](https:///our-staff/danielle-a-southerland) Legal Assistant: [Melanie J. Illig](https:///our-staff/melanie-j-illig) [](https://www.linkedin.com/in/cartahrobison/) ![](https:///Cache/57128821aa7cc8187544e1dc5566c470-482-Width-1-0-CenterCenter.jpg) #Robison, Carta H. ##Associate ###Practice Areas: [Insurance Defense](https:///practice-areas/insurance-defense)[Labor Relations and Employment Law](https:///practice-areas/labor-relations-and-employment-law)[Litigation Services](https:///practice-areas/litigation-services)[Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation) ####Profile [This is a link to the original iframe source: https://player.vimeo.com/video/783701542?h=422ca61f34&badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/783701542?h=422ca61f34&badge=0&autopause=0&player_id=0&app_id=58479) Carta Robison focuses her practice in the area of labor and employment. She works with employers to help prevent and solve disputes with employment contracts, and claims involving Title VII, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Indiana Wage Payment Statute, the Indiana Wage Claims statute, and the Indiana Worker’s Compensation Act. She also represents clients in general liability defense and has experience handling jury trials. ####Professional Honors & Community Involvement ###Professional Honors - Selected for inclusion in the 2023, 2024 and 2025 [Best Lawyers in America®: Ones to Watch](https://www.bestlawyers.com/lawyers/carta-h-robison/325458)publications. - Honoree for the Women in NAACP Black History Event, “Women in Hats, Who Continue to Make a Difference ...in Law” for the year 2021. ###Professional and Community Involvement - Member, Gourmet Dinner Committee, Big Brothers Big Sisters of Northeast IndianaBoard Member, Healthier Moms and Babies Volunteer, [Allen County Public Library Audio Reading Service](https://audioreadingservicepodcast.com/)Member, Allen County Bar Association - Chair, Labor & Employment SectionFormer Member, Unity Performing Arts Foundation, Inc. Board of Directors ####Articles - [Laws Governing Service & Emotional Support Animals in the Workplace](https://www.barrettlaw.com/blog/labor-and-employment-law/laws-governing-service-and-emotional-support-animals-in-the-workplace)[Update on the Department of Labor's 2024 Overtime Pay Rule](https://www.barrettlaw.com/blog/labor-and-employment-law/update-on-the-department-of-labor-2024-overtime-pay-rule)[Changes to Illinois Leave Laws Effective January 1, 2024](https://www.barrettlaw.com/blog/labor-and-employment-law/changes-to-illinois-leave-laws-effective-january-1-2024)[National Labor Relations Board Issues Final Rule on Joint Employer Status](https://www.barrettlaw.com/blog/labor-and-employment-law/national-labor-relations-board-issues-final-rule-on-joint-employer-status)[Steps for Employers to Preserve a Union Free Workplace](https://www.barrettlaw.com/blog/labor-and-employment-law/union-avoidance-steps-for-employers)[Benefits of an Employee Handbook](https://www.barrettlaw.com/blog/labor-and-employment-law/benefits-of-an-employee-handbook) ####Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.A., English, summa cum laude, Fisk University in Nashville, Tennessee J.D., Indiana University Maurer School of Law, Bloomington - Executive Articles Editor, Indiana Journal of Law and Social Equality Published “Assessment of Federal Rule of Evidence 609 and the Necessity of a Deeper Collaboration with the Social Sciences for Racial Equality”, Indiana Journal of Law and Social Equality, 7 Ind. J. L. Soc. Equal. 312 (2019). [![](https://www.ambest.com/directory/mainimages/ATTY.jpg)](https://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=11264&nid=1) # Larry W. Rudawsky : Senior Counsel | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/larry-w-rudawsky ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Rudawsky, Larry W. ##Senior Counsel **Phone:**[260.423.8883](https://tel:+12604238883) **Fax:** 260.423.8920 **Email:**[lwr@barrettlaw.com](https://mailto:lwr@barrettlaw.com) Support Team Legal Assistant: [Alana S. Miller](https:///our-staff/alana-s-miller) [](https://www.linkedin.com/in/larryrudawsky) ![](https:///Cache/a2d6e140950d2d9c1421f4f67e1935d4-482-Width-1-0-CenterCenter.jpg) #Rudawsky, Larry W. ##Senior Counsel ###Practice Areas: [Employee Benefits Law](https:///practice-areas/employee-benefits-law) ####Profile Larry W. Rudawsky has over thirty years of experience in the area of employee benefits and has extensive knowledge in the areas of reviewing, developing and implementing defined benefit plans, defined contribution plans, non-qualified deferred compensation plans, employer-sponsored IRA plans and managed IRAs. Larry has overseen regulatory compliance for qualified, nonqualified, and VEBA plans and he has drafted plan documents for Taft-Hartley, 401(a), 401(k), 403(b), 457 and 409A plans. He counsels clients on employee benefit issues in mergers and acquisitions, on equity incentive compensation, and on the design and operation of Employee Stock Ownership Plans (ESOPs). Prior to joining the firm, he was an attorney with a firm in New York, served as the Vice President and Retirement Services Manager for a multi-state trust company and was the Senior Retirement Plan Administrator for a 150-year-old financial institution in Pennsylvania. He is licensed only in Ohio and is also admitted to practice before the United States Tax Court. Larry will practice exclusively in the areas of federal tax law and federal benefits law including ERISA. ####Education - Bachelor’s Degree, Kent State UniversityGraduate, American Bankers Association Stonier Graduate School of Banking.J.D., Case Western Reserve University - Volunteer, National Alumni Association ####Articles - [Parachute Payments in Mergers and Acquisitions](https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/parachute-payments-in-mergers-and-acquisitions) - [Contribution Rules for 401(k) Plans to Change](https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/contribution-rules-for-401k-plans-to-change) - [Rehiring Retirees and the Impact to Retirement Plans](https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/rehiring-retirees-and-the-impact-to-retirement-plans) # Connor Fleck : Patent Attorney & Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/connor-fleck ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Fleck, Connor ##Patent Attorney & Associate **Phone:**[260.423.8814](https://tel:+12604238814) **Fax:** 260.423.8920 **Email:**[cf@barrettlaw.com](https://mailto:cf@barrettlaw.com) Support Team Legal Assistant: [IP Legal Assistant](https:///our-staff/ip-legal-assistant) [](https://www.linkedin.com/in/connor-fleck-4a5b5b90?trk=public_profile_samename-profile) ![](https:///Cache/8d4777cf3946177010b3aea4c5e81b91-482-Width-1-0-CenterCenter.jpg) #Fleck, Connor ##Patent Attorney & Associate ###Practice Areas: [Intellectual Property Law](https:///practice-areas/intellectual-property-law) ####Profile Connor Fleck concentrates his practice in the area of intellectual property where he assists clients with filing for patents, securing trademarks and helping to register and enforce copyrights. Connor is also a member of our transaction team, and is involved in the intellectual property due diligence process for the firm’s merger & acquisition practice. While obtaining his undergraduate degree Connor worked as a Design Engineer for a manufacture of cast aluminum automotive parts in Ohio and was a mechanical engineering intern at Steel Dynamics, Inc. ####Professional Honors and Community Involvement - Selected for inclusion in the 2026 [Best Lawyers® in America: Ones to Watch](https://www.bestlawyers.com/lawyers/connor-fleck/403155) in the area of patent law. - Member, Allen County Bar Association - Member, Indiana Bar Association - Member, Wisconsin Bar Association - Member, Science Central's Marketing and Development Committee - Graduate, Leadership Fort Wayne Program ####Bar and Court Admissions - Indiana - Wisconsin - Ohio - Illinois - Tennessee - Texas - Vermont - United States Patent and Trademark Office - U.S. District Courts for the Northern and Southern Districts of Indiana ####Seminars - Presenter at an Intellectual Property Seminar, September 20, 2023 at the Northeast Indiana Innovation Center ####Education - B.S., Mechanical Engineering, Ohio Northern UniversityJ.D., University of Wisconsin Law School - Law and Entrepreneurship Clinic, Student Associate # Maria A. Mirande : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/maria-a-mirande ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Mirande, Maria A. ##Associate **Phone:**[260.423.8841](https://tel:+12604238841) **Fax:** 260.423.8920 **Email:**[mam@barrettlaw.com](https://mailto:mam@barrettlaw.com) Support Team Paralegal: [Amanda V Bodigon](https:///our-staff/amanda-v-bodigon) Legal Assistant: [Emma O. McClain](https:///our-staff/emma-o-mcclain) [](https://www.linkedin.com/in/maria-mirande-2a54b9107/) ![](https:///Cache/30623f37672668987103728e8c761727-482-Width-1-0-CenterCenter.jpg) #Mirande, Maria A. ##Associate ###Practice Areas: [Family and Domestic Law](https:///practice-areas/family-and-domestic-law) ####Profile Maria works with the family and domestic law team assisting clients with dissolutions, adoptions and guardianships. The team also is experienced at handling custody and child support issues, paternity issues and acting in the role of a guardian ad litem. ####Professional and Community Involvement - Member, Allen County Bar Association ####Bar and Court Admissions - Indiana - U.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.S., magna cum laude, Honors College, Psychological Science with minors in Criminal Justice and Criminology, Applied Behavioral Analysis, Religious Studies, and Interpersonal Relations, Ball State UniversityJ.D., cum laude, Indiana University Maurer School of Law, Bloomington - Executive Editor, Indiana Law JournalParticipant, Sherman Minton Moot Court CompetitionMember, Protective Order ProjectMember, Outreach for Legal LiteracyIntern, Indiana University Student Legal Services Clinic ####Articles - [Parenting During the Holidays after Divorce](https://www.barrettlaw.com/blog/family-law/parenting-during-the-holidays-after-divorce) # David C. Pricer : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/david-c-pricer ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Pricer, David C. ##Associate **Phone:**[260.423.8866](https://tel:+12604238866) **Fax:** 260.423.8920 **Email:**[dcp@barrettlaw.com](https://mailto:dcp@barrettlaw.com) Support Team Legal Assistant: [Sandy M. Hyndman](https:///our-staff/sandy-m-hyndman) Paralegal: [Jamie L. Schofield](https:///our-staff/jamie-l-schofield) ![](https:///Cache/8782ff5fe8a64ec3da2d2a6226b4ad2c-482-Width-1-0-CenterCenter.jpg) #Pricer, David C. ##Associate ###Practice Areas: [Litigation Services](https:///practice-areas/litigation-services)[Insurance Defense](https:///practice-areas/insurance-defense)[Appellate Law](https:///practice-areas/appellate-law)[Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation) ####Profile David Pricer has over ten years practice experience in the areas of civil litigation and appeals, including commercial, real estate, trust and estate, and family law matters. Before joining Barrett McNagny in 2023, David was a partner at a local law firm and previously served as the judicial law clerk for the Allen Circuit Court. ####Professional Honor and Community Involvement - Selected for inclusion in 2025 and 2026 in [The Best Lawyers in America: Ones to Watch](https://www.bestlawyers.com/lawyers/david-pricer/403153) publications in appellate practice, commercial litigation and product liability litigation- defendants. - Board Member, United Way of Allen County - Board Member, McMillen Health - Vice President, Benjamin Harrison Inns of Court - Member, Allen County Bar Association - Member, Indiana State Bar Association ####Bar and Court Admissions - Indiana ####Education - B.A., summa cum laude, The Ohio State University - J.D., Ohio Northern University, Pettit College of Law ####Articles - [The Nuts and Bolts of Easements](https://www.barrettlaw.com/blog/litigation/the-nuts-and-bolts-of-easements) [![](https:///Data/Accounts/Files/1/8cced5dfb9b76f00fdb33b3e873c2dc0-AMBest2025.jpg)](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.us.m.mimecastprotect.com%2Fs%2FwFTtCL9AP5UPQlGocqh3SyTQvC%3Fdomain%3Dambest.com&data=05%7C02%7Cmjr%40barrettlaw.com%7Ccbcc0b3c38594c80420908dd2f2c17d1%7C1276106541c54441afeb32bda0bebe5a%7C0%7C0%7C638718588627035089%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=e2xC5%2BZn98NMEtxysTjqjanR7jE6d4ZSeqBN8ulZxRE%3D&reserved=0) # Brian J. Downey : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/brian-j-downey ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Downey, Brian J. ##Partner **Phone:**[260.423.8871](https://tel:+12604238871) **Fax:** 260.423.8920 **Email:**[bjd@barrettlaw.com](https://mailto:bjd@barrettlaw.com) Support Team Legal Assistant: [Andrea L. Sykes](https:///our-staff/andrea-l-sykes) Paralegal: [Beverly E. Irvin](https:///our-staff/beverly-e-irvin) Paralegal: [Gretchen F. Keller](https:///our-staff/gretchen-f-keller) ![](https:///Cache/dc8a282fc8aaabfc6dc7ee6ddf9f3a2d-482-Width-1-0-CenterCenter.jpg) #Downey, Brian J. ##Partner ###Practice Areas: [Estate Planning and Administration](https:///practice-areas/estate-planning) ####Profile Brian focuses his practice in the areas of wills and trusts, the avoidance or reduction of estate, inheritance, and generation-skipping taxes. He also consults business owners regarding the choice of entity issues, valuation issues, buy-sell agreements, and business succession issues. A Fort Wayne native, Brian practiced for over twenty years assisting estate planning clients in the State of Florida prior to joining Barrett McNagny. Brian is licensed to practice law in the states of Indiana, Florida, and Arizona (inactive). ####Professional and Community Involvement - Member, American Bar Association - Member, Allen County Bar Association ####Bar and Court Admissions - Indiana - Florida - Arizona (Inactive) ####Education - Master of Laws (LL.M.), Taxation, New York University School of Law - J.D., cum laude, University of Akron, School of Law - B.S., Purdue University ####Articles - [What is Succession Planning](https://www.barrettlaw.com/blog/business-and-corporate-law/what-is-succession-planning) # Caleb W. Peery : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/caleb-w-peery ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Peery, Caleb W. ##Associate **Phone:**[260.423.8882](https://tel:+12604238882) **Fax:** 260.423.8920 **Email:**[cwp@barrettlaw.com](https://mailto:cwp@barrettlaw.com) Support Team Legal Assistant: [Alexandra S. Patino-Ramirez](https:///our-staff/alexandra-s-patino-ramirez) ![](https:///Cache/3a124fe5912682bc9673ccd4dbc25593-482-Width-1-0-CenterCenter.jpg) #Peery, Caleb W. ##Associate ###Practice Areas: [Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Insurance Defense](https:///practice-areas/insurance-defense)[Litigation Services](https:///practice-areas/litigation-services) ####Profile Caleb Peery is a member of the litigation team where he handles matters involving insurance defense, commercial litigation premises liability, products liability, collections, contract disputes, and appellate work. He has experience with the court system, as he spent time following law school clerking for the Honorable Jennifer DeGroote and the Honorable Andrew Williams in Allen County Superior Court. During law school, he was a judicial intern for the Honorable Rossie Alston at the Albert V. Bryan U.S. Courthouse in Alexandria, VA and for the Honorable Daniel Ortiz in Fairfax County Circuit Court in Fairfax, VA. ####Professional Honors & Community Involvement - Selected for inclusion in the 2026[ Best Lawyers® in America: Ones to Watch i](https://www.bestlawyers.com/lawyers/caleb-w-peery/425462)n the area of product liability litigation- defendants. - Allen County Bar Association - Inns of Court - Eagle Scout ####Bar and Court Admissions - Indiana - U.S. District Court for the Northern District of Indiana ####Education - B.A., Politics, Philosophy and Economics, summa cum laude, Taylor University, Upland, IN - President Scholarship RecipientDean’s ListEthics Bowl, CaptainJ.D., magna cum laude, George Mason University Antonin Scalia Law School, Arlington, VA - Associate Production Editor of Vol. 29, George Mason Law Review ####Articles [Is Your Confidentiality Agreement Enforceable?](https://www.barrettlaw.com/blog/labor-and-employment-law/is-your-confidentiality-agreement-enforceable) [![](https:///Data/Accounts/Files/1/53e187033739cec96acf5c34ffe5051c-AMBest2025.jpg)](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.us.m.mimecastprotect.com%2Fs%2FwFTtCL9AP5UPQlGocqh3SyTQvC%3Fdomain%3Dambest.com&data=05%7C02%7Cmjr%40barrettlaw.com%7Ccbcc0b3c38594c80420908dd2f2c17d1%7C1276106541c54441afeb32bda0bebe5a%7C0%7C0%7C638718588627035089%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=e2xC5%2BZn98NMEtxysTjqjanR7jE6d4ZSeqBN8ulZxRE%3D&reserved=0) # Holly M. Weber : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/holly-m-weber ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Weber, Holly M. ##Associate **Phone:**[260.423.8842](https://tel:+12604238842) **Fax:** 260.423.8920 **Email:**[hmw@barrettlaw.com](https://mailto:hmw@barrettlaw.com) Support Team Legal Assistant: [Alana S. Miller](https:///our-staff/alana-s-miller) Paralegal: [Brittany M. Bruick](https:///our-staff/brittany-m-bruick) ![](https:///Cache/cfbd0470b9f8648e287456172e43149c-482-Width-1-0-CenterCenter.jpg) #Weber, Holly M. ##Associate ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Corporate and Business Law](https:///practice-areas/business-law) ####Profile Holly is a member of the transactions team which primarily serves middle market businesses on all aspects of mergers and acquisitions, including letters of intent, deal structuring, negotiations, due diligence, documentation, executing complex transactions and closings. She also provides outside general counsel to entrepreneurs, investors, emerging companies and Fortune 500 companies on corporate governance by advising boards of directors and executive teams on regulatory compliance, fiduciary duties, internal policies and risk management strategies. Prior to joining the law firm, Holly practiced law in Delaware. ####Bar and Court Admissions - Indiana - Delaware - United States District Court for the District of Delaware ####Professional and Community Involvement - Board Member, YWCA of Northeast Indiana - Member, Governance CommitteeAmerican Bar AssociationIndiana State Bar AssociationAllen County Bar AssociationDelaware State Bar Association ####Education - B.A., magna cum laude, Politics, Ursinus College - Phi Beta KappaDistinguished Honors ThesisJ.D., Rutgers University - Rutgers University Law Review, Executive Editorial BoardTrial Advocacy Team, MemberMarshall-Brennan FellowshipLaw Clerk for Judge George S. Leone, New Jersey Superior Court, Appellate DivisionLaw Clerk for Judge Sherry R. Fallon, U.S. District Court, District of Delaware ####Articles - [Best Corporate Governance Practices for Rookies](https://www.barrettlaw.com/blog/business-and-corporate-law/best-corporate-governance-practices-for-rookies) # Sarah L. Schreiber : Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/sarah-l-schreiber ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Schreiber, Sarah L. ##Partner **Phone:**[260.423.8844](https://tel:+12604238844) **Fax:** 260.423.8920 **Email:**[sls@barrettlaw.com](https://mailto:sls@barrettlaw.com) Support Team Paralegal: [Danielle A. Southerland](https:///our-staff/danielle-a-southerland) Legal Assistant: [Michele M. Jandreau](https:///our-staff/michele-m-jandreau) ![](https:///Cache/853ce37b198c2a43b01b283f07621794-482-Width-1-0-CenterCenter.jpg) #Schreiber, Sarah L. ##Partner ###Practice Areas: [Labor Relations and Employment Law](https:///practice-areas/labor-relations-and-employment-law)[Litigation Services](https:///practice-areas/litigation-services)[Alternative Dispute Resolution](https:///practice-areas/alternative-dispute-resolution)[Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation) ####Profile Sarah Schreiber represents clients in the areas of labor and employment. On a daily basis, Sarah works with companies of all sizes, from small employers to publicly traded companies. She engages directly with company leadership and human resource personnel to prevent and solve employment-related problems. Sarah prides herself on spending much of her time on client counseling. From her nearly twelve years representing employers, Sarah understands that two companies coming together can be complex. There are several factors related to L&E to consider before, during, and after the M&A process; Sarah counsels at every step. Sarah also routinely conducts labor and employment diligence on deals of all sizes and prepares employment agreements, consulting and independent contractor agreements, restrictive covenant agreements and all other employment-based documents. Sarah also defends employers against claims involving unfair competition, employment contracts, Title VII, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Age Discrimination in Employment Act(ADEA),the Indiana Wage Payment and Claims Statutes, and other federal, state and local laws. She regularly represents companies before the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), other state and federal agencies and state and federal courts. ####Professional Honors - Selected for the [Forty Under 40 Class of 2026.](https://www.fwbusiness.com/news/article_12ff0b60-ceca-4173-9550-9ba3fcea6b0f.html) - Selected for inclusion in the 2025 & 2026 [Best Lawyers in America® ](https://www.bestlawyers.com/lawyers/sarah-l-schreiber/344412)publications in the area of Litigation- Labor and Employment - Selected "Lawyer of the Year", Fort Wayne in the area of Employment Law- Individuals by Best Lawyers in America in 2026. - Selected since 2018 as a “Rising Star” by the Indiana Super Lawyers© publication. - Winner of the 2022 Fort Wayne Newspapers Readers’ Choice Award for Best Attorney-General Practice - Registered Civil Mediator ####Professional and Community Involvement **Articles** - [Potential Changes to Home Healthcare Third-Party Providers Overtime Obligations](https://www.barrettlaw.com/blog/labor-and-employment-law/potential-changes-to-home-healthcare-third-party-providers-overtime-obligations) **Professional & Community Involvement** - Member, Erin's House for Grieving Children Board of Directors Member, Allen County Bar Association - Past President, Board of DirectorsAmerican Inns of Court, Benjamin Harrison Chapter - Past PresidentIndiana Bar AssociationPast Member, Downtown Improvement District Board of DirectorsBig Brothers Big Sisters, Volunteer ####Court Admissions - Indiana U.S. District Courts for the Northern and Southern Districts of IndianaU.S. Court of Appeals for the 7th CircuitU.S. Supreme Court ####Education - B.A., magna cum laude, University of Illinois at Urbana- Champaign. - J.D., magna cum laude, Valparaiso University School of Law [![](https:///Data/Accounts/Files/1/a130a405b4b07df5154691d7caee6dac-mybadge(8).png)](https://profiles.superlawyers.com/indiana/ft-wayne/lawyer/sarah-l-schreiber/a1103133-8322-47e5-aa82-1e834e6c4b8f.html) [![](https:///Data/Accounts/Files/1/7f707ca4e54492523c07eabdd480c106-AMBest2025.jpg)](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.us.m.mimecastprotect.com%2Fs%2FwFTtCL9AP5UPQlGocqh3SyTQvC%3Fdomain%3Dambest.com&data=05%7C02%7Cmjr%40barrettlaw.com%7Ccbcc0b3c38594c80420908dd2f2c17d1%7C1276106541c54441afeb32bda0bebe5a%7C0%7C0%7C638718588627035089%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=e2xC5%2BZn98NMEtxysTjqjanR7jE6d4ZSeqBN8ulZxRE%3D&reserved=0) # Benjamin N. Bailey : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/benjamin-n-bailey ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Bailey, Benjamin N. ##Associate **Phone:**[260.423.8855](https://tel:+12604238855) **Fax:** 260.423.8920 **Email:**[bnb@barrettlaw.com](https://mailto:bnb@barrettlaw.com) Support Team Legal Assistant: [Michele M. Jandreau](https:///our-staff/michele-m-jandreau) ![](https:///Cache/5cd6be44ea360c9aae27fb7df19b61ef-482-Width-1-0-CenterCenter.jpg) #Bailey, Benjamin N. ##Associate ###Practice Areas: [Real Estate Law](https:///practice-areas/real-estate-law)[Economic Development and Real Estate](https:///practice-areas/economic-development-and-real-estate) ####Profile Ben Bailey works with businesses and individuals in all stages of real estate transactions such as the purchase, sale, financing, and leasing of commercial, industrial, rental, and residential property. He provides counsel to landowners and prospective landowners on environmental diligence, environmental risk assessment, and risk mitigation. Ben also assists with economic development efforts by helping clients with securing local and state funding. Prior to joining the firm, he completed a one-year clerkship with Justice Derek R. Molter of the Indiana Supreme Court. ####Professional Honors and Community Involvement - Selected for inclusion in the [2026 Best Lawyers® in America: Ones to Watch](https://www.bestlawyers.com/lawyers/benjamin-n-bailey/426140) in the area of real estate law. - Member, Allen County Bar Association - Member, Indiana Bar Association - Member, The Literacy Alliance Board of Directors - Volunteer Attorney, Administer Justice ####Bar and Court Admissions - Indiana ####Education - B.A., with highest distinction, Purdue University Fort Wayne - News and Politics Editor for PFW’s independent newspaper, “The Communicator” J.D., summa cum laude, Indiana University Maurer School of Law - Robel Scholar (merit-based full-tuition scholarship)Dean’s Advisory Council, MemberIndiana Law Journal, Articles EditorSherman Mintor Moot Court Competition - Brief Writing Honors; Competition Semi-Finalist and Board MemberOutreach for Legal Literacy, VolunteerBusiness and Law Society, MemberChristian Legal Society, Member # John M. Frandsen : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/john-m-frandsen ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Frandsen, John M. ##Associate **Phone:**[260.423.8894](https://tel:+12604238894) **Fax:** 260.423.8920 **Email:**[jmf@barrettlaw.com](https://mailto:jmf@barrettlaw.com) Support Team Legal Assistant: [Alana S. Miller](https:///our-staff/alana-s-miller) Paralegal: [Brittany M. Bruick](https:///our-staff/brittany-m-bruick) ![](https:///Cache/ec4a06679e45d6d44869b0bf8dc4e187-482-Width-1-0-CenterCenter.jpg) #Frandsen, John M. ##Associate ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Corporate and Business Law](https:///practice-areas/business-law) ####Profile John Frandsen works with our transaction group which serves business clients of all sizes from sole proprietorships to Fortune 500 companies. The group provides assistance with entity selection for new businesses, the drafting of operating agreements, bylaws and shareholder agreements, and the sale and purchase of businesses, including the due diligence process and the enforceability of non-competition agreements in connection with the sale of a business. ####Professional and Community Involvement - Member, Allen County Bar Association - Member, Indiana State Bar Association ####Bar and Court Admissions: - Indiana ####Education - B.A., History, summa cum laude, University of AlabamaM.A., History, Arizona State University J.D., cum laude, Indiana University Maurer School of Law, Bloomington - Executive Managing Editor; Indiana Journal of Global Legal Studies - Participant in the Sherman Minton Moot Court Competition # Sabrina T. Victor : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/sabrina-t-victor ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Victor, Sabrina T. ##Associate **Phone:**[260.423.8846](https://tel:+12604238846) **Fax:** 260.423.8920 **Email:**[stv@barrettlaw.com](https://mailto:stv@barrettlaw.com) Support Team Legal Assistant: [Alana S. Miller](https:///our-staff/alana-s-miller) Paralegal: [Brittany M. Bruick](https:///our-staff/brittany-m-bruick) ![](https:///Cache/e545fc1897e11c448853e3888de85238-482-Width-1-0-CenterCenter.jpg) #Victor, Sabrina T. ##Associate ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Securities Law](https:///practice-areas/securities-law)[Corporate and Business Law](https:///practice-areas/business-law) ####Profile Sabrina T. Victor concentrates her practice in the areas of corporate and business law. She has experience representing public and private companies, as well as private equity investors, across a range of industries with respect to buy-side and sell-side mergers and acquisitions, registered public securities offerings, private placements, business formation, and other general corporate matters. Prior to joining Barrett McNagny, Sabrina worked at an Am Law 20 global law firm, where she advised clients on a range of complex corporate matters, including mergers and acquisitions, private equity transactions, corporate restructurings, and general corporate matters. Some of her representative matters include: - Represented a public company as issuer in connection with a $1 billion notes offering. - Represented a public company as issuer in connection with an $800 million notes offering. - Represented a client in its $84 million purchase of 100% of the equity interests of a few HVAC companies.* - Represented a client in its $63.2 million purchase of 100% of the membership interests of a company that owns and controls five entities that specialize in plumbing, electrical and HVAC services.* - Represented a client in its $50 million purchase of 100% of the equity interests of a waste disposal company.* *The above representations were handled by Ms. Victor prior to her joining Barrett McNagny, LLP. ####Professional Involvement - Ron Brown Scholar Pre-Law Fellow, Latham & Watkins, LLP, Boston, MA - Lloyd Meeds Policy Fellow, K&L Gates, LLP, Washington, D.C. ####Bar and Court Admissions - Indiana - New York - Texas - Florida ####Education - B.A., Political Science with minors in Business Economics and Latino Studies, University of Notre Dame - Franklyn E. Doan ScholarNotre Dame Football, Recruiting Ambassador Black Student Association, Treasurer & Secretary J.D., University of California, Irvine School of Law - Distinguished Decade Scholar Black Law Student Association, Treasurer Entertainment & Sports Law Society, Financing Chair # Lewis W. Ostermeyer : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/lewis-w-ostermeyer ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Ostermeyer, Lewis W. ##Associate **Phone:**[260.423.8856](https://tel:+12604238856) **Fax:** 260.423.8920 **Email:**[lwo@barrettlaw.com](https://mailto:lwo@barrettlaw.com) Support Team Legal Assistant: [Alana S. Miller](https:///our-staff/alana-s-miller) Paralegal: [Brittany M. Bruick](https:///our-staff/brittany-m-bruick) [](https://www.linkedin.com/in/lewisostermeyer/) ![](https:///Cache/da166d4b31ebc4042158231cdb73bd75-482-Width-1-0-CenterCenter.jpg) #Ostermeyer, Lewis W. ##Associate ###Practice Areas: [Mergers and Acquisitions](https:///practice-areas/mergers-and-acquisitions)[Corporate and Business Law](https:///practice-areas/business-law) ####Profile Lewis Ostermeyer is part of our business transactions team assisting with drafting and reviewing of contracts, regulatory compliance, and due diligence. He also supports business clients with general corporate matters, including advising on business structure and entity formation. Prior to joining the firm, Lewis spent two years as a Legislative Assistant for the Indiana House of Representatives, where he worked alongside three state legislators and staffed the Courts and Criminal Code Committee and other criminal justice committees and councils. He also has worked in the Allen County Voter Registration Office and in the office of the Allen County Board of Commissioners. ####Professional and Community Involvement - Member, Allen County Bar Association - Member, Bach Collegium Board of Directors - Member, University Lutheran Church Bloomington, Indiana Alumni Advisory Board ####Bar and Court Admissions - Indiana ####Education - B.S., Physics, Purdue University Fort Wayne & B.A., Political Science, Indiana University, Fort Wayne - Student Body President (2018-2019) - Student Government (2015-2019)J.D., magna cum laude, Indiana University Maurer School of Law - Articles Editor, Indiana Law Journal - Member, Business and Law Society - Study Abroad, Bucerius Law School, Hamburg, Germany ####Articles - [Understanding the Corporate Transparency Act (CTA) for Executives](https://www.barrettlaw.com/blog/business-and-corporate-law/understanding-the-corporate-transparency-act-cta-for-executives) # Stephanie Nuevo : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/stephanie-nuevo ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Nuevo, Stephanie ##Associate **Phone:**[260.423.8917](https://tel:+12604238917) **Fax:** 260.423.8920 **Email:**[sn@barrettlaw.com](https://mailto:sn@barrettlaw.com) Support Team Paralegal: [Danielle A. Southerland](https:///our-staff/danielle-a-southerland) Legal Assistant: [Michele M. Jandreau](https:///our-staff/michele-m-jandreau) ![](https:///Cache/b4fd5c1f839acf92aeb42c5aee1078e2-482-Width-1-0-CenterCenter.jpg) #Nuevo, Stephanie ##Associate ###Practice Areas: [Labor Relations and Employment Law](https:///practice-areas/labor-relations-and-employment-law)[Litigation Services](https:///practice-areas/litigation-services) ####Profile Stephanie Nuevo is a member of Barrett McNagny’s Labor and Employment Law group. She counsels human resources personnel regarding employment matters, including compliance with state and federal laws and regulations relating to hiring, disciplining and terminating employees, wage and hour issues, drafting employment agreements, covenants not to compete, and developing employment policies and handbooks. Prior to joining the firm, she worked at an AM Law 200 national firm in California, where her practice centered on commercial litigation and labor and employment. She handled a wide array of cases, including breach-of-contract, business torts such as fraud and tortious interference, trademark infringement, and the defense of employers in matters involving wrongful termination, discrimination, retaliation, harassment, and wage and hour compliance. Her representation ranged from well-known franchises to small and large businesses. ####Bar and Court Admissions - Indiana - California - United States Courts for the Northern and Southern Districts of Indiana ####Education - B.A., cum laude, Political Science with minor in Philosophy, University of Florida - Member, Phi Alpha Delta (pre-law organization)J.D., summa cum laude, SCALE Accelerated Two-Year Program, Southwestern Law School, Los Angeles, CA - Guerin L. Butterworth Award (awarded to first in class in the SCALE program) - Witkin Award for Academic Excellence: Legal Analysis, Writing, and Skills I, Civil Litigation, Criminal Procedure, Business Associations - CALI Excellence for the Future Awards in Evidence II, Civil Litigation, Jurisdiction, Constitutional Law I, MBE: Skills & Strategies - Moot Court Intramural Competition: Best Brief Finalist and Top Ten Oralist - Law Review Bluebook Award ####Articles - [New Indiana Law to Take Effect July 1 to Impact Employees](https://www.barrettlaw.com/blog/labor-and-employment-law/new-indiana-law-to-take-effect-july-1-to-impact-employers) # Kayte L. Geist : Associate Attorney & Guardian Ad Litem | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/kayte-l-geist ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Geist, Kayte L. ##Associate Attorney & Guardian Ad Litem **Phone:**[260.423.8828](https://tel:+12604238828) **Fax:** 260.423.8920 **Email:**[klg@barrettlaw.com](https://mailto:klg@barrettlaw.com) Support Team Paralegal: [Amanda V Bodigon](https:///our-staff/amanda-v-bodigon) Legal Assistant: [Emma O. McClain](https:///our-staff/emma-o-mcclain) [](https://www.linkedin.com/in/kayte-geist-esq-b5ba50243/) ![](https:///Cache/a2ea494c0252a6552c5c576f291e207a-482-Width-1-0-CenterCenter.jpg) #Geist, Kayte L. ##Associate Attorney & Guardian Ad Litem ###Practice Areas: [Family and Domestic Law](https:///practice-areas/family-and-domestic-law) ####Profile Kayte Geist concentrates her practice in the area of domestic and family law. She assists clients with dissolutions, prenuptial agreements, protective orders, custody and parenting time modifications, and child support issues. She has experience in international custody disputes and parental kidnapping matters abroad and within the United States. Her work includes a published decision by the Court of Appeals following her successful litigation of an international Uniform Child Custody Jurisdiction and Enforcement Act matter. She is a trained Guardian Ad Litem which allows her to represent the best interests of individuals who are unable to represent themselves, including children and incapacitated persons. Prior to joining the firm, she was a local business owner for sixteen years working within her family’s business and spent two years at another local law firm where she focused on family law and civil litigation. ####Professional Honors and Community Involvement - Selected for inclusion in the 2026 [Best Lawyers in America: Ones to Watch ](https://www.bestlawyers.com/lawyers/katherine-geist/423499)publication.Member, Allen County Bar Association - Co-Chair of the Women’s SectionMember, Indiana Bar AssociationExecutive Board Member, Redemption HouseBoard Member, Fort Wayne Ballet ####Court and Bar Admissions - IndianaOhioU.S. District Courts for the Northern and Southern Districts of Indiana ####Education - B.S., Legal Studies, magna cum laude, Taylor University, Upland, IndianaJ.D., magna cum laude, University of Toledo School of Law, Toledo, Ohio - Member, Mock Trial Advocacy TeamCivil Advocacy ClinicPublished in the Toledo Law Review ####Articles and Representative Listing of Appellate Cases Appellate Cases: - Gard-Holm v. Holm, 258 N.E.3d 289, (Ind. Ct. App. 2025)[Winchester v. Winchester, 271 N.E.3d 160 (Ind. Ct. App 2025)](https://law.justia.com/cases/indiana/court-of-appeals/2025/25a-dc-01199.html) Articles: - [Understanding UCCJEA Jurisdiction in Custody and Parenting Time Cases](https://www.barrettlaw.com/blog/family-law/understanding-uccjea-jurisdiction-in-custody-and-parenting-time-cases) # David P. Bender : Associate | Barrett McNagny LLP Source: https://www.barrettlaw.com/our-people/david-p-bender ## Our People ##Search Attorneys To search for an attorney, you can use the Alphabet listing of last names, or use the dropdown below to narrow your search results by Practice Areas. Slide for more letters Search By Alphabet: [All](https:///our-people?Letter=ALL)[A](https:///our-people?Letter=A)[B](https:///our-people?Letter=B)[C](https:///our-people?Letter=C)[D](https:///our-people?Letter=D)[E](https:///our-people?Letter=E)[F](https:///our-people?Letter=F)[G](https:///our-people?Letter=G)[H](https:///our-people?Letter=H)[I](https:///our-people?Letter=I)[J](https:///our-people?Letter=J)[K](https:///our-people?Letter=K)[L](https:///our-people?Letter=L)[M](https:///our-people?Letter=M)[N](https:///our-people?Letter=N)[O](https:///our-people?Letter=O)[P](https:///our-people?Letter=P)[Q](https:///our-people?Letter=Q)[R](https:///our-people?Letter=R)[S](https:///our-people?Letter=S)[T](https:///our-people?Letter=T)[U](https:///our-people?Letter=U)[V](https:///our-people?Letter=V)[W](https:///our-people?Letter=W)[X](https:///our-people?Letter=X)[Y](https:///our-people?Letter=Y)[Z](https:///our-people?Letter=Z) All Practice Areas All Practice AreasAlternative Dispute ResolutionAppellate LawBankruptcy and Creditors' Rights LawBiotechnology LawBusiness and Commercial LitigationCopyrightsCorporate and Business LawCybersecurity & PrivacyE-Commerce Transaction LawEconomic Development and Real EstateEmployee Benefits LawEnvironmental LawEstate and Trust LitigationEstate Planning and AdministrationFamily and Domestic LawFinancial InstitutionsHealth Care LawInsurance DefenseIntellectual Property LawLabor Relations and Employment LawLitigation ServicesMedical Malpractice DefenseMergers and AcquisitionsPatentsPublic Finance LawReal Estate LawSecurities LawTax Law and TaxationTrade SecretsTrademarksWorker's Compensation Law[Search](https:///our-people?PracticeAreaID=0)Search Practice Areas [Back to Search](https:///our-people) #Bender, David P. ##Associate **Phone:**[260.423.8825](https://tel:+12604238825) **Fax:** 260.423.8920 **Email:**[dpb@barrettlaw.com](https://mailto:dpb@barrettlaw.com) ![](https:///Cache/63b254b875ba637560f368d85d6cf2c3-482-Width-1-0-CenterCenter.jpg) #Bender, David P. ##Associate ###Practice Areas: [Business and Commercial Litigation](https:///practice-areas/business-and-commercial-litigation)[Insurance Defense](https:///practice-areas/insurance-defense)[Litigation Services](https:///practice-areas/litigation-services) ####Profile David P. Bender is a member of the litigation team, where he focuses on matters involving insurance defense, commercial litigation, premises liability, products liability, collections, and contract disputes. Prior to joining the law firm he clerked for the Honorable Stephen P. McGlynn for the U.S. District Court for the Southern District of Illinois. During his time in law school he served as a judicial intern for the U.S. District Courts in East St. Louis, Illinois and Dallas, Texas. ####Community Involvement - Member, Knights of Columbus ####Bar and Court Admissions - Indiana ####Education - B.A., Economics, cum laude, University of Notre DameJ.D., cum laude, University of Notre Dame - Executive Editor, Journal of Law, Ethics and Public Policy - Research Assistant, Professor Barry Cushman # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog #[Blog](https:///blog) [![](https:///Cache/4e5e0f7808753b257bec6dd8b207db3a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/indiana-mechanics-liens-key-timeframes-and-the-subcontractor-personal-liability-notice) [Indiana Mechanic’s Liens: Key Timeframes and the Subcontractor Personal Liability Notice](https:///blog/real-estate/indiana-mechanics-liens-key-timeframes-and-the-subcontractor-personal-liability-notice) Indiana mechanic’s liens help contractors secure payment, but strict statutes and deadlines mean missed filings can forfeit rights. [Read More](https:///blog/real-estate/indiana-mechanics-liens-key-timeframes-and-the-subcontractor-personal-liability-notice) [](https:///blog/news/attorneys-recognized-in-2026-indiana-super-lawyers-publication) [​Attorneys Recognized in 2026 Indiana Super Lawyers Publication](https:///blog/news/attorneys-recognized-in-2026-indiana-super-lawyers-publication) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2026. [Read More](https:///blog/news/attorneys-recognized-in-2026-indiana-super-lawyers-publication) [![](https:///Cache/df5b886bb2712d7c13551a1edefb64e8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/fitzharris-selected-fellow-of-the-litigation-counsel-of-america) [Fitzharris Selected Fellow of the Litigation Counsel of America](https:///blog/litigation/alternative-dispute-resolution/fitzharris-selected-fellow-of-the-litigation-counsel-of-america) Kevin K. Fitzharris of Barrett McNagny LLP has been selected as a Fellow of the Litigation Counsel of America. [Read More](https:///blog/litigation/alternative-dispute-resolution/fitzharris-selected-fellow-of-the-litigation-counsel-of-america) [![](https:///Cache/2ac0e3bb54234ecca6c1ca22b4b1a927-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/understanding-uccjea-jurisdiction-in-custody-and-parenting-time-cases) [Understanding UCCJEA Jurisdiction in Custody and Parenting Time Cases](https:///blog/family-law/understanding-uccjea-jurisdiction-in-custody-and-parenting-time-cases) By [Kayte L. Geist](https:///our-people/kayte-l-geist) Learn how the UCCJEA determines which state has jurisdiction in child custody cases and why it matters for parents navigating custody or parenting time disputes. [Read More](https:///blog/family-law/understanding-uccjea-jurisdiction-in-custody-and-parenting-time-cases) [![](https:///Cache/6a870198b5d6de7b1714dafb840f3a18-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/cohen-elected-chair-of-the-executive-committee) [Cohen Elected Chair of the Executive Committee](https:///blog/news/cohen-elected-chair-of-the-executive-committee) H. Joseph Cohen has been elected to serve as the Chair of the firm's Executive Committee for 2026. He will serve alongside Mark Bains, George Pappas, William Ramsey and Jeffrey Woenker. [Read More](https:///blog/news/cohen-elected-chair-of-the-executive-committee) [![](https:///Cache/a4b57e700a45976e854c52e20b328a35-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/schreiber-elected-partner) [Schreiber Elected Partner](https:///blog/labor-and-employment-law/schreiber-elected-partner) Sarah L. Schreiber, a member of the labor and employment team, was elected Partner effective January 1, 2026. [Read More](https:///blog/labor-and-employment-law/schreiber-elected-partner) [![](https:///Cache/53d3402a4ea62f20745022ca08ef1011-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/2025-national-labor-relations-act-updates-key-developments-and-implications) [2025 National Labor Relations Act Updates: Key Developments and Implications](https:///blog/labor-and-employment-law/2025-national-labor-relations-act-updates-key-developments-and-implications) By [Anthony M. Stites](https:///our-people/anthony-m-stites) Learn about the updates and key developments of the National Labor Relations Board and what employers should do. [Read More](https:///blog/labor-and-employment-law/2025-national-labor-relations-act-updates-key-developments-and-implications) [![](https:///Cache/18e07a1bcc18b0bb7584d8faef2185a3-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/nuevo-joins-labor-and-employment-team) [Nuevo Joins Labor & Employment Team](https:///blog/labor-and-employment-law/nuevo-joins-labor-and-employment-team) Stephanie Nuevo has joined the firm and will focus her practice in the areas of litigation and labor & employment law. [Read More](https:///blog/labor-and-employment-law/nuevo-joins-labor-and-employment-team) [![](https:///Cache/9e924293047de8672c85cfdaaa1316b3-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/news/barrett-mcnagny-llp-listed-in-2026-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2026 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2026-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2026 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2026-best-law-firms-rankings) [![](https:///Cache/ab729642d0076f10afc05edeb6a0e3cd-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/whats-yours-is-mine-understanding-adverse-possession-in-indiana) [What’s Yours is Mine: Understanding Adverse Possession in Indiana](https:///blog/real-estate/whats-yours-is-mine-understanding-adverse-possession-in-indiana) By [Benjamin N. Bailey](https:///our-people/benjamin-n-bailey) Learn how Indiana's adverse possession laws allow long-term occupants to gain legal ownership of land, even when "possession is nine-tenths of the law" doesn't apply. [Read More](https:///blog/real-estate/whats-yours-is-mine-understanding-adverse-possession-in-indiana) [![](https:///Cache/2a19e13610067eefcaec52d93714d7ee-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/bender-joins-litigation-team) [Bender Joins Litigation Team](https:///blog/litigation/bender-joins-litigation-team) We are proud to announce that David P. Bender has joined the firm as an associate on the litigation team. [Read More](https:///blog/litigation/bender-joins-litigation-team) [![](https:///Cache/5ab5de406f169e35d3f65e40fdc4986c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fitzharris-elected-to-board-of-governors) [Fitzharris Elected to Board of Governors](https:///blog/news/fitzharris-elected-to-board-of-governors) Kevin K. Fitzharris has been elected to a 2-year term on the Indiana State Bar Association (ISBA) Board of Governors, the governing body for the Association. [Read More](https:///blog/news/fitzharris-elected-to-board-of-governors) [![](https:///Cache/7d20b6ebc24f618790f0f631595a5eb6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/geist-joins-family-law-team) [Geist Joins Family Law Team](https:///blog/family-law/geist-joins-family-law-team) ​Barrett McNagny LLP is pleased to announce that ​Kayte Geist has joined the firm. Ms. Geist will focus her practice in the family law area. [Read More](https:///blog/family-law/geist-joins-family-law-team) [![](https:///Cache/03b535fe17f2afd953b915862dbf6f2e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/barrett-mcnagny-recognized-in-the-chambers-usa-2025-guide) [Barrett McNagny Recognized in the Chambers USA 2025 Guide](https:///blog/business-and-corporate-law/barrett-mcnagny-recognized-in-the-chambers-usa-2025-guide) Barrett McNagny LLP is proud to announce that is has been recognized in the Chambers USA 2025 Guide in the area of Corporate/M&A. Barrett McNagny is the only firm listed with an exclusive presence in northeast Indiana. [Read More](https:///blog/business-and-corporate-law/barrett-mcnagny-recognized-in-the-chambers-usa-2025-guide) [![](https:///Cache/54f331c89c041af5f398fcfdaec555cc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/potential-changes-to-home-healthcare-third-party-providers-overtime-obligations) [Potential Changes to Home Healthcare Third-Party Providers Overtime Obligations](https:///blog/labor-and-employment-law/potential-changes-to-home-healthcare-third-party-providers-overtime-obligations) By [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber) ​The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued a proposed rule that would substantially reduce overtime obligations for third-party home healthcare providers. [Read More](https:///blog/labor-and-employment-law/potential-changes-to-home-healthcare-third-party-providers-overtime-obligations) [![](https:///Cache/25272b0bd3a5dbfe1433ecf8ef05dad6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/talarico-named-alumnus-of-the-year) [Talarico Named Alumnus of the Year](https:///blog/news/talarico-named-alumnus-of-the-year) Sam Talarico has been named Alumnus of the Year by Bishop Dwenger High School as part of their 2025 Hall of Fame Inductess. [Read More](https:///blog/news/talarico-named-alumnus-of-the-year) [](https:///blog/news/attorneys-listed-in-the-2026-best-lawyers-in-america-ones-to-watch) [Attorneys Listed in The 2026 Best Lawyers in America: Ones to Watch](https:///blog/news/attorneys-listed-in-the-2026-best-lawyers-in-america-ones-to-watch) Barrett McNagny LLP is proud to announce that seven firm attorneys who were selected by their peers for inclusion in The 2026 Best Lawyers in America®: Ones to Watch in their respective practice areas. [Read More](https:///blog/news/attorneys-listed-in-the-2026-best-lawyers-in-america-ones-to-watch) [](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2026) [Attorneys Recognized in The Best Lawyers in America 2026](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2026) Barrett McNagny LLP is proud to announce the following 25 firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2026 in their respective practice areas [Read More](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2026) [![](https:///Cache/91eb5c1c279c503c4fefa3a64e6139c2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/creating-an-effective-employee-handbook-a-comprehensive-guide) [Creating an Effective Employee Handbook: A Comprehensive Guide](https:///blog/labor-and-employment-law/creating-an-effective-employee-handbook-a-comprehensive-guide) By [James J. O'Connor](https:///our-people/james-j-oconnor) Discover essential tips for creating an effective employee handbook that fosters workplace culture and provides legal protection for your business. [Read More](https:///blog/labor-and-employment-law/creating-an-effective-employee-handbook-a-comprehensive-guide) [![](https:///Cache/eb53bc424d2494b69442332553949460-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/documents-at-hiring-and-form-i-9-audits) [Documents at Hiring and Form I-9 Audits](https:///blog/labor-and-employment-law/documents-at-hiring-and-form-i-9-audits) By [James J. O'Connor](https:///our-people/james-j-oconnor) Essential guide to Form I-9 compliance, audit preparation, and federal penalties. HR professionals' complete resource for employment verification. [Read More](https:///blog/labor-and-employment-law/documents-at-hiring-and-form-i-9-audits) [Read our Blog Disclaimer](https:///blog-disclaimer) 1[2](https:///blog?Page=2)[3](https:///blog?Page=3)[4](https:///blog?Page=4)[5](https:///blog?Page=5)[6](https:///blog?Page=6)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=2) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=2 #[Blog](https:///blog) [![](https:///Cache/8ee2a5dae00a3efd8b284092ce54c05f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/laws-governing-service-and-emotional-support-animals-in-the-workplace) [Laws Governing Service & Emotional Support Animals in the Workplace](https:///blog/labor-and-employment-law/laws-governing-service-and-emotional-support-animals-in-the-workplace) By [Carta H. Robison](https:///our-people/carta-h-robison) Learn when employees can bring emotional support animals to work under ADA laws. Essential guide for employers on workplace accommodation requirements. [Read More](https:///blog/labor-and-employment-law/laws-governing-service-and-emotional-support-animals-in-the-workplace) [![](https:///Cache/1d84ee4608655f84111fb9a0c77acb88-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/best-corporate-governance-practices-for-rookies) [Best Corporate Governance Practices for Rookies](https:///blog/business-and-corporate-law/best-corporate-governance-practices-for-rookies) By [Holly M. Weber](https:///our-people/holly-m-weber) Helpful tips for new and current business owners as they start, transition, or purchase a business. [Read More](https:///blog/business-and-corporate-law/best-corporate-governance-practices-for-rookies) [](https:///blog/estate-planning-and-administration/changes-to-the-federal-estate-and-gift-tax-laws) [Changes to the Federal Estate and Gift Tax Laws](https:///blog/estate-planning-and-administration/changes-to-the-federal-estate-and-gift-tax-laws) The One Big Beautiful Bill Act permanently raises estate, gift, and GST tax exemptions to $15M per person, indexed for inflation. [Read More](https:///blog/estate-planning-and-administration/changes-to-the-federal-estate-and-gift-tax-laws) [![](https:///Cache/34e763e21653bb096ca7ef3435cb9420-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/new-indiana-law-to-take-effect-july-1-to-impact-employers) [New Indiana Law to Take Effect July 1 to Impact Employers](https:///blog/labor-and-employment-law/new-indiana-law-to-take-effect-july-1-to-impact-employers) By [Stephanie Nuevo](https:///our-people/stephanie-nuevo) On April 24, 2025, Indiana enacted a law requiring protected, unpaid employee leave for school conferences which takes effect July 1, 2025. [Read More](https:///blog/labor-and-employment-law/new-indiana-law-to-take-effect-july-1-to-impact-employers) [![](https:///Cache/ca6cc0f583f125650c41d24e9a7ac686-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/news/2025-indiana-legislative-update-new-laws-to-take-effect-july-1) [2025 Indiana Legislative Update: New Laws to Take Effect July 1](https:///blog/news/2025-indiana-legislative-update-new-laws-to-take-effect-july-1) 2025 Indiana legislative session recap: key new laws on property taxes, education, healthcare, and juvenile law taking effect July 1. [Read More](https:///blog/news/2025-indiana-legislative-update-new-laws-to-take-effect-july-1) [![](https:///Cache/abeb2e13043b7d710f6fb89914c25011-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/is-your-confidentiality-agreement-enforceable) [Is Your Confidentiality Agreement Enforceable?](https:///blog/labor-and-employment-law/is-your-confidentiality-agreement-enforceable) By [Caleb W. Peery](https:///our-people/caleb-w-peery) Learn key requirements for enforceable employee confidentiality agreements, including federal DTSA compliance and state-specific considerations. [Read More](https:///blog/labor-and-employment-law/is-your-confidentiality-agreement-enforceable) [![](https:///Cache/51cfbbb0eee201c5c5419fe96cee5495-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/parachute-payments-in-mergers-and-acquisitions) [Parachute Payments in Mergers and Acquisitions](https:///blog/labor-and-employment-law/employee-benefits/parachute-payments-in-mergers-and-acquisitions) By [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky) Mergers and acquisitions may trigger IRS Sections 280G & 4999, leading to costly tax impacts on companies and individuals making excess parachute payments. [Read More](https:///blog/labor-and-employment-law/employee-benefits/parachute-payments-in-mergers-and-acquisitions) [![](https:///Cache/02a4337168309f473fc9638d4927c343-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/understanding-the-corporate-transparency-act-cta-for-executives) [Understanding the Corporate Transparency Act (CTA) for Executives](https:///blog/business-and-corporate-law/understanding-the-corporate-transparency-act-cta-for-executives) By [Lewis W. Ostermeyer](https:///our-people/lewis-w-ostermeyer) Learn why CTA compliance is essential for executives to avoid penalties and keep their businesses within the legal framework. [Read More](https:///blog/business-and-corporate-law/understanding-the-corporate-transparency-act-cta-for-executives) [](https:///blog/news/barrett-welcomes-summer-clerks) [Barrett Welcomes Summer Clerks](https:///blog/news/barrett-welcomes-summer-clerks) We are pleased to announce that Jack Britten, Corbyn Fry, and Collin Kinniry have joined the firm as summer law clerks. [Read More](https:///blog/news/barrett-welcomes-summer-clerks) [![](https:///Cache/d584049fa2fbde57bfe1d71a3e015e77-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/molitoris-featured-in-the-indiana-lawyers-2025-leadership-in-law-publication) [Molitoris Featured in The Indiana Lawyer's 2025 Leadership in Law Publication](https:///blog/news/molitoris-featured-in-the-indiana-lawyers-2025-leadership-in-law-publication) Justin Molitoris was selected as an "Up and Coming Lawyer" in The Indiana Lawyer's 2025 Leadership in Law publication. [Read More](https:///blog/news/molitoris-featured-in-the-indiana-lawyers-2025-leadership-in-law-publication) [![](https:///Cache/1722db194ff5b6e71ba2ba5ebf27be26-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/fitzharris-elected-to-american-board-of-trial-advocates) [Fitzharris Elected to American Board of Trial Advocates](https:///blog/litigation/fitzharris-elected-to-american-board-of-trial-advocates) Kevin K. Fitzharris of Barrett McNagny LLP has been elected as a member into the American Board of Trial Advocates. [Read More](https:///blog/litigation/fitzharris-elected-to-american-board-of-trial-advocates) [![](https:///Cache/443f64227c421c34c0f8fb8eda395148-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/weber-admitted-to-practice-law-in-indiana) [Weber Admitted to Practice Law in Indiana](https:///blog/business-and-corporate-law/weber-admitted-to-practice-law-in-indiana) Holly Weber has been admitted to practice law in Indiana, where she'll assist Indiana businesses with governance, compliance and M&A matters. [Read More](https:///blog/business-and-corporate-law/weber-admitted-to-practice-law-in-indiana) [![](https:///Cache/b9758f52a24abf7b83c8a57727296ac1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/bains-admitted-to-ohio-bar) [Bains Admitted to Ohio Bar](https:///blog/news/bains-admitted-to-ohio-bar) Mark H. Bains has been admitted to practice law in the state of Ohio, focusing on real estate law. [Read More](https:///blog/news/bains-admitted-to-ohio-bar) [](https:///blog/labor-and-employment-law/nlrb-remedies-during-pending-litigation-starbucks-corp-v-mckinney) [NLRB Remedies During Pending Litigation: Starbucks Corp. v. McKinney](https:///blog/labor-and-employment-law/nlrb-remedies-during-pending-litigation-starbucks-corp-v-mckinney) By [Anthony M. Stites](https:///our-people/anthony-m-stites) This ruling emphasizes the importance of understanding the evidentiary standards required for preliminary injunctions in labor disputes. [Read More](https:///blog/labor-and-employment-law/nlrb-remedies-during-pending-litigation-starbucks-corp-v-mckinney) [](https:///blog/labor-and-employment-law/what-is-fmla) [What is FMLA?](https:///blog/labor-and-employment-law/what-is-fmla) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave for family and medical reasons. [Read More](https:///blog/labor-and-employment-law/what-is-fmla) [![](https:///Cache/39cdc698953cf7b4c9ee079357777639-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/victor-joins-business-law-team) [Victor Joins Business Law Team](https:///blog/business-and-corporate-law/victor-joins-business-law-team) ​Barrett McNagny LLP is pleased to announce that ​Sabrina T. Victor has joined the mergers & acquisitions, corporate law and securities teams at the firm. [Read More](https:///blog/business-and-corporate-law/victor-joins-business-law-team) [](https:///blog/news/firm-attorneys-listed-in-indiana-super-lawyers-for-2025) [Firm Attorneys Listed in Indiana Super Lawyers for 2025](https:///blog/news/firm-attorneys-listed-in-indiana-super-lawyers-for-2025) Barrett McNagny LLP is proud to announce that ten attorneys were listed in the Indiana Super Lawyers publication for 2025. [Read More](https:///blog/news/firm-attorneys-listed-in-indiana-super-lawyers-for-2025) [![](https:///Cache/dc4ad449d1446f258773c3b057e8a18f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/ramsey-elected-managing-partner-of-executive-committee) [Ramsey Elected Managing Partner of Executive Committee](https:///blog/news/ramsey-elected-managing-partner-of-executive-committee) Barrett McNagny LLP is pleased to announce William A. Ramsey has been elected to serve as Chair of the firm’s Executive Committee for 2025. [Read More](https:///blog/news/ramsey-elected-managing-partner-of-executive-committee) [](https:///blog/news/downey-elected-partner) [Downey Elected Partner](https:///blog/news/downey-elected-partner) Barrett McNagny LLP is pleased to announce the election of Brian J. Downey as Partner, effective January 1, 2025. [Read More](https:///blog/news/downey-elected-partner) [](https:///blog/labor-and-employment-law/update-on-the-department-of-labor-2024-overtime-pay-rule) [Update on the Department of Labor's 2024 Overtime Pay Rule](https:///blog/labor-and-employment-law/update-on-the-department-of-labor-2024-overtime-pay-rule) By [Carta H. Robison](https:///our-people/carta-h-robison) On Nov. 15, 2024, the Texas court voided the 2024 Rule, blocking its enforcement and halting the planned 2025 salary threshold changes. [Read More](https:///blog/labor-and-employment-law/update-on-the-department-of-labor-2024-overtime-pay-rule) [newer](https:///blog) [1](https:///blog)2[3](https:///blog?Page=3)[4](https:///blog?Page=4)[5](https:///blog?Page=5)[6](https:///blog?Page=6)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=3) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=3 #[Blog](https:///blog) [![](https:///Cache/d43840febfafdeccb39431836841171e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/contribution-rules-for-401k-plans-to-change) [Contribution Rules for 401(k) Plans to Change](https:///blog/labor-and-employment-law/employee-benefits/contribution-rules-for-401k-plans-to-change) By [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky) Starting in 2025, the SECURE 2.0 Act changes 401(k) catch-up contributions. Some changes are optional, but others will be mandatory. [Read More](https:///blog/labor-and-employment-law/employee-benefits/contribution-rules-for-401k-plans-to-change) [](https:///blog/news/barrett-mcnagny-llp-listed-in-2025-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2025 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2025-best-law-firms-rankings) Barrett McNagny LLP is proud to be ranked in the 2025 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2025-best-law-firms-rankings) [](https:///blog/news/frandsen-and-ostermeyer-join-barrett-mcnagny) [Frandsen and Ostermeyer Join Barrett McNagny](https:///blog/news/frandsen-and-ostermeyer-join-barrett-mcnagny) ​John Frandsen and ​Lewis Ostermeyer have joined the firm and will focus their practices in the areas of mergers & acquisitions and corporate law. [Read More](https:///blog/news/frandsen-and-ostermeyer-join-barrett-mcnagny) [![](https:///Cache/f7874c78ceb6b533ab4374b2cf320927-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/bailey-joins-real-estate-team) [Bailey Joins Real Estate Team](https:///blog/real-estate/bailey-joins-real-estate-team) Barrett McNagny LLP is pleased to announce that ​Benjamin N. Bailey has joined the firm with a focus on Real Estate Law and Economic Development. [Read More](https:///blog/real-estate/bailey-joins-real-estate-team) [](https:///blog/estate-planning-and-administration/3-tips-for-every-new-homeowner) [3 Tips for Every New Homeowner](https:///blog/estate-planning-and-administration/3-tips-for-every-new-homeowner) Whether you’re buying your first home or upgrading or downsizing your current one, it’s crucial to be well-prepared for what comes after the homebuying process. [Read More](https:///blog/estate-planning-and-administration/3-tips-for-every-new-homeowner) [![](https:///Cache/c762ebe279528576eef08b2b2b042273-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/reviewing-your-estate-plan-after-the-death-of-a-loved-one) [Reviewing Your Estate Plan after the Death of a Loved One](https:///blog/estate-planning-and-administration/reviewing-your-estate-plan-after-the-death-of-a-loved-one) After losing a loved one, it’s important to review and update your estate plan, considering these key questions to ensure they reflect your current wishes. [Read More](https:///blog/estate-planning-and-administration/reviewing-your-estate-plan-after-the-death-of-a-loved-one) [![](https:///Cache/06540bbf1ff70b484ccd90aaff0ad35a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/how-to-make-your-inheritance-last) [How to Make Your Inheritance Last](https:///blog/estate-planning-and-administration/how-to-make-your-inheritance-last) About one-third of Americans who had received an inheritance eventually experienced a decrease or no change in their wealth. [Read More](https:///blog/estate-planning-and-administration/how-to-make-your-inheritance-last) [![](https:///Cache/974a37daa797f4c26a0c653501f305b1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/estate-planning-getting-your-affairs-in-order-and-giving-through-bequests) [Estate Planning: Getting Your Affairs in Order and Giving Through Bequests](https:///blog/estate-planning-and-administration/estate-planning-getting-your-affairs-in-order-and-giving-through-bequests) By utilizing bequests as part of your estate plan, you can leave a meaningful impact on the lives you care about and causes you believe in. [Read More](https:///blog/estate-planning-and-administration/estate-planning-getting-your-affairs-in-order-and-giving-through-bequests) [![](https:///Cache/ef74eb060d044f92b92dd74df177b68b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/schreiber-joins-labor-and-employment-team) [Schreiber Joins Labor & Employment Team](https:///blog/labor-and-employment-law/schreiber-joins-labor-and-employment-team) Barrett McNagny LLP is pleased to announce that Sarah L. Schreiber has joined the firm and will practice in the area of employment law and labor relations. [Read More](https:///blog/labor-and-employment-law/schreiber-joins-labor-and-employment-team) [![](https:///Cache/1ddac386a1660d76477aed63cadb19f7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/texas-district-court-issued-a-nationwide-injunction-on-the-ftcs-rule-banning-non-competes) [Texas District Court Issued a Nationwide Injunction on the FTC’s Rule Banning Non-Competes](https:///blog/labor-and-employment-law/texas-district-court-issued-a-nationwide-injunction-on-the-ftcs-rule-banning-non-competes) The FTC's Non-Compete Rule will not be enforced or otherwise take effect on its effective date of September 4, 2024 or thereafter.. [Read More](https:///blog/labor-and-employment-law/texas-district-court-issued-a-nationwide-injunction-on-the-ftcs-rule-banning-non-competes) [![](https:///Cache/a89defa1d4451962e7ba6a06789163f1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/lawyers-of-the-year-best-lawyers-in-america) ["Lawyers of the Year" Best Lawyers in America](https:///blog/news/lawyers-of-the-year-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that four firm attorneys were selected for The Best Lawyers in America® 2025 as “Lawyer of the Year”. [Read More](https:///blog/news/lawyers-of-the-year-best-lawyers-in-america) [![](https:///Cache/90933d14abe869f0cf30a99274328c6b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/local-attorneys-recognized-in-2025-best-lawyers-in-america) [Local Attorneys Recognized in 2025 Best Lawyers® in America](https:///blog/news/local-attorneys-recognized-in-2025-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that 25 firm attorneys were included in The Best Lawyers in America® 2025 in their respective practice areas. [Read More](https:///blog/news/local-attorneys-recognized-in-2025-best-lawyers-in-america) [![](https:///Cache/03a9883eee1b030fbab9517a9817cc67-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/the-2025-best-lawyers-in-america-ones-to-watch) [The 2025 Best Lawyers in America: Ones to Watch](https:///blog/news/the-2025-best-lawyers-in-america-ones-to-watch) Barrett McNagny LLP is proud to announce that six firm attorneys were selected for inclusion in The 2025 Best Lawyers in America®: Ones to Watch. [Read More](https:///blog/news/the-2025-best-lawyers-in-america-ones-to-watch) [![](https:///Cache/cadbd351bbd873a0fdde660087a95f7c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/pricer-joins-united-way-board) [Pricer Joins United Way Board](https:///blog/news/pricer-joins-united-way-board) Litigator David Pricer joined the United Wayne of Allen County Board of Directors. [Read More](https:///blog/news/pricer-joins-united-way-board) [![](https:///Cache/a649b0e695cc663e771458f0a80ede5f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/the-district-court-issues-limited-stay-on-ftcs-non-compete-rule) [The District Court Issues Limited Stay On FTC’s Non-Compete Rule](https:///blog/labor-and-employment-law/the-district-court-issues-limited-stay-on-ftcs-non-compete-rule) The United States District Court for the Northern District of Texas concluded that Congress did not empower the FTC to exercise substantive rulemaking. [Read More](https:///blog/labor-and-employment-law/the-district-court-issues-limited-stay-on-ftcs-non-compete-rule) [![](https:///Cache/08869b53c896f9b85f8eab03e933914b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/fitzharris-appointed-to-merit-selection-panel) [Fitzharris Appointed to Merit Selection Panel](https:///blog/litigation/fitzharris-appointed-to-merit-selection-panel) Kevin K. Fitzharris has been appointed to serve on the Merit Selection Panel for the United States District Court Northern District of Indiana. [Read More](https:///blog/litigation/fitzharris-appointed-to-merit-selection-panel) [![](https:///Cache/f220cceb0da805811f25f1c3e35f18df-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/news/2024-legislative-update-new-laws-to-take-effect-july-1) [​2024 Legislative Update: New Laws to Take Effect July 1](https:///blog/news/2024-legislative-update-new-laws-to-take-effect-july-1) Read a summary of some of the bills from the 2024 legislative session, which will start taking effect July 1. [Read More](https:///blog/news/2024-legislative-update-new-laws-to-take-effect-july-1) [![](https:///Cache/8f22ac56f74deb15ae44e34feaffb849-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/what-is-succession-planning) [What is Succession Planning?](https:///blog/business-and-corporate-law/what-is-succession-planning) By [Brian J. Downey](https:///our-people/brian-j-downey) Succession planning helps businesses identify new leaders to ensure continuity, avoid disruption, and preserve value after a founder retires or passes away. [Read More](https:///blog/business-and-corporate-law/what-is-succession-planning) [![](https:///Cache/b62bab0afa168b7e8180b902bc9d7d08-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/so-your-dog-bit-someone-are-you-liable) [So, Your Dog Bit Someone… Are You Liable?](https:///blog/litigation/so-your-dog-bit-someone-are-you-liable) What happens when our furry friend bites someone? As a pet owner, it's important to know when you're liable for a dog bite. [Read More](https:///blog/litigation/so-your-dog-bit-someone-are-you-liable) [![](https:///Cache/962be67b7ea86fcf3138412c223042f2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/final-regulation-on-pregnant-workers-fairness-act) [Final Regulation on Pregnant Workers Fairness Act](https:///blog/labor-and-employment-law/final-regulation-on-pregnant-workers-fairness-act) On April 15, 2024, the EEOC issued a rule for the Pregnant Workers Fairness Act, requiring reasonable accommodations for pregnancy-related conditions. [Read More](https:///blog/labor-and-employment-law/final-regulation-on-pregnant-workers-fairness-act) [newer](https:///blog?Page=2) [1](https:///blog)[2](https:///blog?Page=2)3[4](https:///blog?Page=4)[5](https:///blog?Page=5)[6](https:///blog?Page=6)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=4) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=4 #[Blog](https:///blog) [![](https:///Cache/043a9b6908ec5c7d929f104607f408ce-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-salary-threshold-to-qualify-for-overtime) [Department of Labor Issues Final Rule on Salary Threshold to Qualify for Overtime](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-salary-threshold-to-qualify-for-overtime) The U.S. Department of Labor released a rule that raises the salary threshold to qualify for certain overtime exemptions under the Fair Labor Standards Act. [Read More](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-salary-threshold-to-qualify-for-overtime) [![](https:///Cache/45186bb8f2eabc02dad206ca521e700f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/ftc-issues-ruling-on-banning-non-competes) [FTC Issues Ruling on Banning Non-Competes](https:///blog/labor-and-employment-law/ftc-issues-ruling-on-banning-non-competes) By [H. Joseph Cohen](https:///our-people/h-joseph-cohen) On April 23, 2024, the Federal Trade Commission (“FTC”) approved a final rule banning most non-compete clauses. [Read More](https:///blog/labor-and-employment-law/ftc-issues-ruling-on-banning-non-competes) [![](https:///Cache/6db7b45206b65599ab679c3c9284ef73-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/murphy-receives-award) [Murphy Receives Award](https:///blog/news/murphy-receives-award) Pat Murphy was awarded the Tony Laux Volunteer of the Year award at the Purdue Fort Wayne's Masty Awards. [Read More](https:///blog/news/murphy-receives-award) [](https:///blog/news/firm-recognizes-attorneys-listed-in-2024-super-lawyers-publication) [Firm Recognizes Attorneys Listed in 2024 Super Lawyers Publication](https:///blog/news/firm-recognizes-attorneys-listed-in-2024-super-lawyers-publication) Barrett McNagny LLP is proud to announce that eight attorneys were recognized in the 2024 Indiana Super Lawyers publication. [Read More](https:///blog/news/firm-recognizes-attorneys-listed-in-2024-super-lawyers-publication) [![](https:///Cache/7478fd398031aecf7df60b5d87dc1f73-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/the-top-ten-most-common-frustrations-of-mediation) [The Top Ten Most Common Frustrations of Mediation](https:///blog/litigation/alternative-dispute-resolution/the-top-ten-most-common-frustrations-of-mediation) For most litigants, mediation has become their day in court, which is a big deal! Let's explore some common frustrations associated with mediation and tips on how to avoid them. [Read More](https:///blog/litigation/alternative-dispute-resolution/the-top-ten-most-common-frustrations-of-mediation) [![](https:///Cache/6f1bd01d1d5187c400ba029a8140e072-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/szaferski-is-a-certified-family-law-specialist) [Szaferski is a Certified Family Law Specialist](https:///blog/family-law/szaferski-is-a-certified-family-law-specialist) ​Barrett McNagny is proud to announce that family law attorney Emily S. Szaferski has successfully completed the Family Law Certification program and is now a Certified Family Law Specialist. [Read More](https:///blog/family-law/szaferski-is-a-certified-family-law-specialist) [![](https:///Cache/331983196baf5fff3d0b84e71c79bb30-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/changes-to-indiana-child-support-guidelines) [Changes to Indiana Child Support Guidelines](https:///blog/family-law/changes-to-indiana-child-support-guidelines) Whether you're a parent establishing paternity or dealing with post-dissolution matters, it's important to know how much you'll pay and receive in child support. [Read More](https:///blog/family-law/changes-to-indiana-child-support-guidelines) [![](https:///Cache/679189b1b8943b7529779387f5017591-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/in-memoriam-n-thomas-horton) [In Memoriam N. Thomas Horton](https:///blog/news/in-memoriam-n-thomas-horton) It is with great sadness that we announce that our friend and colleague N. Thomas Horton has passed away. Tom worked for over fifty years at Barrett McNagny in the area of employee benefits. [Read More](https:///blog/news/in-memoriam-n-thomas-horton) [](https:///blog/news/molitoris-and-ludwiski-elected-partners) [Molitoris and Ludwiski Elected Partners](https:///blog/news/molitoris-and-ludwiski-elected-partners) Justin T. Molitoris and Thomas E. Ludwiski were elected Partners effective January 1, 2024. [Read More](https:///blog/news/molitoris-and-ludwiski-elected-partners) [![](https:///Cache/00f0d70795ef5543b7150227c45cd1a8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/kimbrough-chair-of-2024-executive-committee) [Kimbrough Chair of 2024 Executive Committee](https:///blog/news/kimbrough-chair-of-2024-executive-committee) Thomas Kimbrough will chair the firm's Executive Committee for 2024. [Read More](https:///blog/news/kimbrough-chair-of-2024-executive-committee) [![](https:///Cache/caeff16b10e8e40c9bfed73f6c098665-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/changes-to-illinois-leave-laws-effective-january-1-2024) [Changes to Illinois Leave Laws Effective January 1, 2024](https:///blog/labor-and-employment-law/changes-to-illinois-leave-laws-effective-january-1-2024) By [Carta H. Robison](https:///our-people/carta-h-robison) Employers with employees in Chicago and Illinois have new leave laws that will be effective January 1, 2024. [Read More](https:///blog/labor-and-employment-law/changes-to-illinois-leave-laws-effective-january-1-2024) [](https:///blog/news/barrett-mcnagny-llp-listed-in-2024-best-law-firms-rankings) [​Barrett McNagny LLP Listed in 2024 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2024-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2024 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers® in eleven categories. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2024-best-law-firms-rankings) [](https:///blog/labor-and-employment-law/employee-benefits/retirement-plan-limits-increase-in-2024) [Retirement Plan Limits Increase in 2024](https:///blog/labor-and-employment-law/employee-benefits/retirement-plan-limits-increase-in-2024) The Internal Revenue Service(IRS) and the Social Security Administration have increased the maximum benefit/contribution limits for 2024. [Read More](https:///blog/labor-and-employment-law/employee-benefits/retirement-plan-limits-increase-in-2024) [![](https:///Cache/7282cfbddf17518174c4de440584c47d-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/labor-and-employment-law/national-labor-relations-board-issues-final-rule-on-joint-employer-status) [National Labor Relations Board Issues Final Rule on Joint Employer Status](https:///blog/labor-and-employment-law/national-labor-relations-board-issues-final-rule-on-joint-employer-status) By [Carta H. Robison](https:///our-people/carta-h-robison) The National Labor Relations Board issued a final joint employer rule which rescinds and replaces the previous joint employer standard. [Read More](https:///blog/labor-and-employment-law/national-labor-relations-board-issues-final-rule-on-joint-employer-status) [![](https:///Cache/35b94f5af3691cb783606f3296d7826a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/parenting-during-the-holidays-after-divorce) [Parenting During the Holidays after Divorce](https:///blog/family-law/parenting-during-the-holidays-after-divorce) By [Maria A. Mirande](https:///our-people/maria-a-mirande) Arranging parenting time during the holidays can often be even more stressful than during “normal” times. While the holidays can be difficult for parents to [Read More](https:///blog/family-law/parenting-during-the-holidays-after-divorce) [![](https:///Cache/710741f2c32c2e698d4becfe360e3c0b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/peery-joins-litigation-team) [Peery Joins Litigation Team](https:///blog/litigation/peery-joins-litigation-team) Caleb W. Peery has joined the firm and will his practice in the areas of commercial litigation and insurance defense. [Read More](https:///blog/litigation/peery-joins-litigation-team) [](https:///blog/news/golden-career-recognition-for-firm-attorneys) [Golden Career Recognition for Firm Attorneys](https:///blog/news/golden-career-recognition-for-firm-attorneys) Richard E. Fox, Craig R. Finlayson, and Patrick G. Michaels received their Golden Career Recognition by the Allen County Bar Association at their annual meeting. [Read More](https:///blog/news/golden-career-recognition-for-firm-attorneys) [![](https:///Cache/cc3d9910a113f89ec9230b471d3df55c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/stites-receives-niemann-citation-from-allen-county-bar) [Stites Receives Niemann Citation from Allen County Bar](https:///blog/news/stites-receives-niemann-citation-from-allen-county-bar) Tony Stites received the Niemann Citation for Excellence and Professionalism from the Allen County Bar Association. [Read More](https:///blog/news/stites-receives-niemann-citation-from-allen-county-bar) [![](https:///Cache/9f4090e110d9c3735cc86368490eadb6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/critical-terms-to-consider-in-an-manda-related-nondisclosure-agreement) [Critical Terms to Consider in an M&A-Related Nondisclosure Agreement](https:///blog/business-and-corporate-law/critical-terms-to-consider-in-an-manda-related-nondisclosure-agreement) When a business shares confidential information with another party during an M&A process, it is necessary to ensure that the receiving party will keep the information confidential. A business should never share information without first signing a non-disclosure agreement (NDA). [Read More](https:///blog/business-and-corporate-law/critical-terms-to-consider-in-an-manda-related-nondisclosure-agreement) [![](https:///Cache/1a8a67cca8a930fc91f99ae97773357c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fitzharris-elected-to-the-allen-county-judicial-nominating-commission) [Fitzharris Elected to the Allen County Judicial Nominating Commission](https:///blog/news/fitzharris-elected-to-the-allen-county-judicial-nominating-commission) Kevin K. Fitzharris has been elected to serve a four-year term on the Allen County Judicial Nominating Commission beginning on October 1, 2023. [Read More](https:///blog/news/fitzharris-elected-to-the-allen-county-judicial-nominating-commission) [newer](https:///blog?Page=3) [1](https:///blog)[2](https:///blog?Page=2)[3](https:///blog?Page=3)4[5](https:///blog?Page=5)[6](https:///blog?Page=6)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=5) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=5 #[Blog](https:///blog) [](https:///blog/news/2024-lawyer-of-the-year-awards-for-the-best-lawyers-in-fort-wayne) [2024 "Lawyer of the Year" Awards for The Best Lawyers in Fort Wayne](https:///blog/news/2024-lawyer-of-the-year-awards-for-the-best-lawyers-in-fort-wayne) Barrett McNagny is proud to announce that six attorneys have been selected "Lawyer of the Year" in Fort Wayne in their respective practice area for the 2024 Best Lawyers publication. [Read More](https:///blog/news/2024-lawyer-of-the-year-awards-for-the-best-lawyers-in-fort-wayne) [![](https:///Cache/f4d924cbe243308b5f44a12639691974-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/intellectual-property-law/fleck-to-present-at-intellectual-property-seminar) [Fleck to Present at Intellectual Property Seminar](https:///blog/intellectual-property-law/fleck-to-present-at-intellectual-property-seminar) Connor Fleck will be a presenter at an Intellectual Property Seminar on September 20, 2023 at the Northeast Indiana Innovation Center. [Read More](https:///blog/intellectual-property-law/fleck-to-present-at-intellectual-property-seminar) [![](https:///Cache/edafe69bb49a339b944bc21b95d17d4e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/the-nuts-and-bolts-of-easements) [The Nuts and Bolts of Easements](https:///blog/litigation/the-nuts-and-bolts-of-easements) By [David C. Pricer](https:///our-people/david-c-pricer) An easement is the right to use the land owned by another for some designated purpose. Learn about the purpose of easements and their uses under Indiana law. [Read More](https:///blog/litigation/the-nuts-and-bolts-of-easements) [](https:///blog/news/2024-best-lawyers-listing) [2024 Best Lawyers Listing](https:///blog/news/2024-best-lawyers-listing) Barrett McNagny is proud to have 26 attorneys selected for inclusion in The 2024 Best Lawyer publication. [Read More](https:///blog/news/2024-best-lawyers-listing) [](https:///blog/news/2024-best-lawyers-ones-to-watch-listing) [2024 Best Lawyers: Ones to Watch Listing](https:///blog/news/2024-best-lawyers-ones-to-watch-listing) Barrett McNagny is proud to announce that six attorneys were selected for inclusion in The 2024 Best Lawyers publication as Ones to Watch. [Read More](https:///blog/news/2024-best-lawyers-ones-to-watch-listing) [![](https:///Cache/add0b6b4f840d722e5bbea4eaf6d10d5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/estate-planning-team-welcomes-brian-downey) [Estate Planning Team Welcomes Brian Downey](https:///blog/estate-planning-and-administration/estate-planning-team-welcomes-brian-downey) Barrett McNagny LLP is pleased to announce that Brian J. Downey has joined the firm. Mr. Downey will focus his practice in the areas of estate planning and [Read More](https:///blog/estate-planning-and-administration/estate-planning-team-welcomes-brian-downey) [![](https:///Cache/201ef75eab6fc35f2b8a23ea9957d974-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/new-i-9-form-for-employers) [New I-9 Form for Employers](https:///blog/labor-and-employment-law/new-i-9-form-for-employers) The U.S. Citizenship and Immigration Services (“USCIS”) announced that beginning August 1, 2023, employers should use a new Form I-9 that will be available for download beginning that date. [Read More](https:///blog/labor-and-employment-law/new-i-9-form-for-employers) [![](https:///Cache/e5aaeb22bf135295bdb83c6694018a8b-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/labor-and-employment-law/injury-and-illness-reporting-change-for-high-hazard-industries) [Injury and Illness Reporting Change for "High-Hazard" Industries](https:///blog/labor-and-employment-law/injury-and-illness-reporting-change-for-high-hazard-industries) On July 17, 2023, the Department of Labor (the “D.O.L.”) announced it would be implementing a final rule (29 C.F.R. § 1904.41(a)(2)) on January 1, 2024, which changes the injury and illness reporting requirements for certain businesses in “high-hazard” industries. [Read More](https:///blog/labor-and-employment-law/injury-and-illness-reporting-change-for-high-hazard-industries) [![](https:///Cache/770cfd50a0bd3abf9cd3e7c7c38c154d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/shared-parenting-what-is-required-to-successfully-co-parent-my-children) [Shared Parenting: What is required to successfully co-parent my child(ren)?](https:///blog/family-law/shared-parenting-what-is-required-to-successfully-co-parent-my-children) By [Sadie L. Dillon-Baatz](https:///) Everyone is always talking about this concept of co-parenting, and why parents should co-parent their child(ren). The Indiana Parenting Time Guidelines were modified to provide some guidance on co-parenting and the new concept of Shared Parenting. [Read More](https:///blog/family-law/shared-parenting-what-is-required-to-successfully-co-parent-my-children) [![](https:///Cache/eb782022d546cec6e22e174cab64258e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/lake-disputes-involving-where-to-dock-your-boat-or-where-to-put-your-pier-now-must-be-filed-in-state-court) [Lake Disputes Involving Where to Dock your Boat or Where to Put your Pier Now Must be Filed in State Court](https:///blog/litigation/lake-disputes-involving-where-to-dock-your-boat-or-where-to-put-your-pier-now-must-be-filed-in-state-court) Disputes involving where to dock your boat and/or where to put your pier must now be filed in state court. This change affects not only where a claim must be filed, but also the time limit to file a claim. [Read More](https:///blog/litigation/lake-disputes-involving-where-to-dock-your-boat-or-where-to-put-your-pier-now-must-be-filed-in-state-court) [![](https:///Cache/fc604bea9344085b0fa4a83922b0a31e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/the-pregnant-workers-fairness-act) [The Pregnant Workers Fairness Act](https:///blog/labor-and-employment-law/the-pregnant-workers-fairness-act) The Pregnant Workers Fairness Act ("PWFA") is a new law that will take effect on June 27, 2023. The PWFA requires employers with 15 or more employees to provide temporary and reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” [Read More](https:///blog/labor-and-employment-law/the-pregnant-workers-fairness-act) [![](https:///Cache/5423ce218365abac6c71a504d8eaf853-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/secure-20-and-the-student-debt-solution-for-retirement-plans) [SECURE 2.0 and the Student Debt Solution for Retirement Plans](https:///blog/labor-and-employment-law/employee-benefits/secure-20-and-the-student-debt-solution-for-retirement-plans) President Biden signed into law SECURE 2.0, an Act which implicates a variety of different legal fields, none more significantly than ERISA law. Under the Act, the law now allows talented employees with student loan debt to be compensated for their work through employer matching contributions to a retirement plan. [Read More](https:///blog/labor-and-employment-law/employee-benefits/secure-20-and-the-student-debt-solution-for-retirement-plans) [](https:///blog/news/listing-in-2023-indiana-super-lawyers-for-2023) [Listing in 2023 Indiana Super Lawyers for 2023](https:///blog/news/listing-in-2023-indiana-super-lawyers-for-2023) Barrett McNagny LLP is proud to announce its listing in the Indiana Super Lawyers publication for 2023. [Read More](https:///blog/news/listing-in-2023-indiana-super-lawyers-for-2023) [![](https:///Cache/7d9934c771a74c1003f5c7682ebb896c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/pricer-joins-litigation-team) [Pricer Joins Litigation Team](https:///blog/litigation/pricer-joins-litigation-team) Barrett McNagny LLP is pleased to announce that David C. Pricer has joined the firm concentrating his practice in litigation, handling commercial litigation, premises liability, professional liability, and general liability claims. He will also assist with handling appeals and legal research and analysis. [Read More](https:///blog/litigation/pricer-joins-litigation-team) [](https:///blog/labor-and-employment-law/federal-trade-commission-proposes-a-ban-on-non-compete-clauses-in-employment-contracts) [Federal Trade Commission Proposes a Ban on Non-Compete Clauses in Employment Contracts](https:///blog/labor-and-employment-law/federal-trade-commission-proposes-a-ban-on-non-compete-clauses-in-employment-contracts) On January 5, 2023, the Federal Trade Commission (“FTC”) issued a proposed rule (“Proposed Rule”) which would ban non-compete clauses from employment contracts. The Proposed Rule bans non-compete clauses in contracts for employees and independent contractors. [Read More](https:///blog/labor-and-employment-law/federal-trade-commission-proposes-a-ban-on-non-compete-clauses-in-employment-contracts) [![](https:///Cache/684da690678596c073e1fff882cad49a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/its-the-holiday-season-and-data-breaches-are-coming-to-town) [It’s the Holiday Season, and Data Breaches are Coming to Town](https:///blog/cybersecurity/its-the-holiday-season-and-data-breaches-are-coming-to-town) Cyber-attacks are common during the holidays since employees are out of the office and traveling employees use public networks, making businesses vulnerable. [Read More](https:///blog/cybersecurity/its-the-holiday-season-and-data-breaches-are-coming-to-town) [![](https:///Cache/cceb6cc8f30b35de0857b557c71e1be2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/what-is-the-difference-between-medicare-and-medicaid) [What is the Difference Between Medicare and Medicaid?](https:///blog/estate-planning-and-administration/what-is-the-difference-between-medicare-and-medicaid) Medicare and Medicaid are two different government programs for healthcare. It is important to understand the difference between them. [Read More](https:///blog/estate-planning-and-administration/what-is-the-difference-between-medicare-and-medicaid) [![](https:///Cache/ad37c370b705a185c52e439c063a52eb-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/preparing-your-businesss-privacy-policy-for-the-california-privacy-rights-act) [Preparing Your Business’s Privacy Policy for the California Privacy Rights Act](https:///blog/cybersecurity/preparing-your-businesss-privacy-policy-for-the-california-privacy-rights-act) Business owners in all states should be aware of laws and initiatives as they develop to ensure they are in compliance and to avoid fines or lawsuits. California has proven to hold businesses to the strictest standard in the United States in protecting their citizens’ data privacy with the introduction of the California Consumer Protection Act (CCPA) in 2018, and the California Privacy Rights Act (CPRA), which will take effect January 1, 2023. [Read More](https:///blog/cybersecurity/preparing-your-businesss-privacy-policy-for-the-california-privacy-rights-act) [![](https:///Cache/b3ed31a8768e7703f5752187091d7505-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/benefits-of-an-employee-handbook) [Benefits of an Employee Handbook](https:///blog/labor-and-employment-law/benefits-of-an-employee-handbook) By [Carta H. Robison](https:///our-people/carta-h-robison) An Employee Handbook (sometimes called an employee manual) is a written set of policies, procedures, and practices often provided to new employees at the start of their employment with the company. An Employee Handbook is designed to provide employees with guidance, procedures, expectations (of both the employee and the employer), and other information related to their employment. Employee Handbooks can be used by employees at the start of employment to learn the employer’s core values, mission, and other pertinent onboarding information. [Read More](https:///blog/labor-and-employment-law/benefits-of-an-employee-handbook) [![](https:///Cache/d6f020854939c38daeb9d23ee8bac12d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fleck-admitted-to-practice-in-texas) [Fleck Admitted to Practice in Texas](https:///blog/news/fleck-admitted-to-practice-in-texas) Barrett McNagny LLP is pleased to announce that Connor Fleck has been admitted to practice law in the state of Texas. He is also licensed to practice before the state courts in Indiana, Illinois, Ohio, Tennessee, Wisconsin and Vermont and he is licensed to practice patent law before the U.S. Patent and Trademark Office. [Read More](https:///blog/news/fleck-admitted-to-practice-in-texas) [newer](https:///blog?Page=4) [1](https:///blog)⋯[3](https:///blog?Page=3)[4](https:///blog?Page=4)5[6](https:///blog?Page=6)[7](https:///blog?Page=7)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=6) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=6 #[Blog](https:///blog) [](https:///blog/news/best-mcnagny-listing-in-2023-best-law-firms-rankings) [Best McNagny Listing in 2023 "Best Law Firms" Rankings](https:///blog/news/best-mcnagny-listing-in-2023-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2023 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers® in ten practice areas in the first tier ranking in the Fort Wayne area. [Read More](https:///blog/news/best-mcnagny-listing-in-2023-best-law-firms-rankings) [![](https:///Cache/833a1f43387e920fe1108979b4c1a738-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/labor-and-employment-law/employee-benefits/benefit-contribution-limits-increase-in-2023) [Benefit Contribution Limits Increase in 2023](https:///blog/labor-and-employment-law/employee-benefits/benefit-contribution-limits-increase-in-2023) The Internal Revenue Service(IRS) and the Social Security Administration have increased the maximum benefit/contribution limits for 2023. [Read More](https:///blog/labor-and-employment-law/employee-benefits/benefit-contribution-limits-increase-in-2023) [![](https:///Cache/c063c2ab49e981b80c673d6674fe0346-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/eeoc-releases-updated-know-your-rights-poster-for-employers) [EEOC Releases Updated 'Know Your Rights' Poster for Employers](https:///blog/labor-and-employment-law/eeoc-releases-updated-know-your-rights-poster-for-employers) The United States Equal Employment Opportunity Commission (“EEOC”) updated its “Know Your Rights” poster. This poster updates and replaces the previous “EEO is the Law” poster. [Read More](https:///blog/labor-and-employment-law/eeoc-releases-updated-know-your-rights-poster-for-employers) [![](https:///Cache/1580316448f11f6fcb0681175f53a608-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/barrett-mcnagny-announced-as-a-finalist-in-the-21st-annual-manda-advisor-awards) [Barrett McNagny Announced as a Finalist In the 21st Annual M&A Advisor Awards](https:///blog/business-and-corporate-law/barrett-mcnagny-announced-as-a-finalist-in-the-21st-annual-manda-advisor-awards) The M&A Advisor announced the finalists of the 21st Annual M&A Advisor Awards. Barrett McNagny was named a finalist in three categories: the Energy Deal of the Year; Telecommunications Deal of the Year; and the Corporate/Strategic Deal of the Year (Between $10MM- $25MM). [Read More](https:///blog/business-and-corporate-law/barrett-mcnagny-announced-as-a-finalist-in-the-21st-annual-manda-advisor-awards) [![](https:///Cache/7caa9f53dc0b90d324cb598090e9b4c5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fitzharris-appointed-to-committee) [Fitzharris Appointed to Committee](https:///blog/news/fitzharris-appointed-to-committee) Kevin K. Fitzharris has been appointed to the Indiana Supreme Court’s Character and Fitness Committee. The committee is responsible for conducting the character and fitness interviews of applicants seeking admission to the Indiana Bar. [Read More](https:///blog/news/fitzharris-appointed-to-committee) [![](https:///Cache/32c6c69eb5108912083162661181706a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/barrett-mcnagny-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [Barrett McNagny Attorneys Recognized as “Lawyers of the Year” in Best Lawyers® in America](https:///blog/news/barrett-mcnagny-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that seven firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2023 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/news/barrett-mcnagny-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [](https:///blog/news/firm-attorneys-listed-in-the-2023-best-lawyers-in-america-publication) [Firm Attorneys Listed in the 2023 Best Lawyers in America Publication](https:///blog/news/firm-attorneys-listed-in-the-2023-best-lawyers-in-america-publication) Barrett McNagny is proud to announce that 27 firm attorneys were selected for inclusion in The Best Lawyers in America 2023 and five attorneys were selected in the Ones to Watch listing in the publication. [Read More](https:///blog/news/firm-attorneys-listed-in-the-2023-best-lawyers-in-america-publication) [![](https:///Cache/ade8eb4472c3ac747164c92a1d81873d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/how-to-settle-a-claim-when-a-child-is-injured) [How to Settle a Claim When A Child is Injured](https:///blog/litigation/how-to-settle-a-claim-when-a-child-is-injured) It is not uncommon for children to be injured in accidents, such as motor vehicle collisions, dog bites, falls from outdoor play equipment, etc. When a minor is injured in an accident, they have, and often bring through a parent or other representative, a claim against the person who is responsible for the injury. [Read More](https:///blog/litigation/how-to-settle-a-claim-when-a-child-is-injured) [![](https:///Cache/4a36bd97cf0beb68c3532a6b34350a68-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/powers-of-attorney-and-appointments-of-health-care-representative) [Powers of Attorney and Appointments of Health Care Representative- Why are they important?](https:///blog/estate-planning-and-administration/powers-of-attorney-and-appointments-of-health-care-representative) While neither Power of Attorney nor Legal Health Care Representative are the focal point of an estate plan, they are both necessary to complete an estate plan. [Read More](https:///blog/estate-planning-and-administration/powers-of-attorney-and-appointments-of-health-care-representative) [![](https:///Cache/1468d88985f71230a8b1930ac73a1f31-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/new-indiana-laws-taxes-real-estate) [New Indiana Laws to Take Effect July 1, 2022](https:///blog/news/new-indiana-laws-taxes-real-estate) The 2022 legislative session wrapped up on March 9, 2022, ending a short session that was packed with several high-profile bills. [Read More](https:///blog/news/new-indiana-laws-taxes-real-estate) [![](https:///Cache/eeb27222592e9b50f1f7138596c21060-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fleck-admitted-to-practice-law-in-tennessee-and-ohio) [Fleck Admitted to Practice Law in Tennessee and Ohio](https:///blog/news/fleck-admitted-to-practice-law-in-tennessee-and-ohio) Connor Fleck has been admitted to practice law in the states of Tennessee and Ohio. He is also licensed to practice before the state courts in Indiana, Illinois, Wisconsin and Vermont and he is licensed to practice patent law before the U.S. Patent and Trademark Office. [Read More](https:///blog/news/fleck-admitted-to-practice-law-in-tennessee-and-ohio) [![](https:///Cache/2ea8503efacaf2cbc15b2337c64469ef-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/are-waivers-releases-and-exculpatory-agreements-enforceable) [Are Waivers, Releases, and Exculpatory Agreements Enforceable?](https:///blog/litigation/are-waivers-releases-and-exculpatory-agreements-enforceable) Indiana courts adopted the majority view that pre-injury waivers and releases, or exculpatory agreements that release a party from liability are enforceable. [Read More](https:///blog/litigation/are-waivers-releases-and-exculpatory-agreements-enforceable) [![](https:///Cache/5a4475eac8c4c976bafb5a1f371f028f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/what-is-defamation) [What is Defamation?](https:///blog/litigation/what-is-defamation) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) A false communication which causes harm to a person’s reputation, known as defamation, can subject the defamer to an expensive lawsuit and damages. [Read More](https:///blog/litigation/what-is-defamation) [![](https:///Cache/8fcd8ce4c2d11327f50b1eeffd8ea63b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/tips-for-hiring-and-recruiting-employees) [Tips for Hiring and Recruiting Employees](https:///blog/labor-and-employment-law/tips-for-hiring-and-recruiting-employees) Employers are facing challenges when it comes to hiring and recruiting for open positions. Here are a few tips for human resource professionals looking to create a successful hiring and recruiting process. [Read More](https:///blog/labor-and-employment-law/tips-for-hiring-and-recruiting-employees) [![](https:///Cache/1d784a94b6f7359261966f0efe4288f1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/exculpatory-clauses-can-they-protect-you) [Exculpatory Clauses: Can They Protect You?](https:///blog/litigation/exculpatory-clauses-can-they-protect-you) Parties agree that one is under no obligation of care for the other and shall not be liable for the consequences of conduct which would otherwise be negligent. [Read More](https:///blog/litigation/exculpatory-clauses-can-they-protect-you) [![](https:///Cache/9fcd0da41070deb264c4c29fd7547b66-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fleck-licensed-to-practice-in-vermont) [Fleck Licensed to Practice in Vermont](https:///blog/news/fleck-licensed-to-practice-in-vermont) Connor Fleck has been admitted to practice law in the state of Vermont. He is also licensed to practice before the state courts in Indiana, Illinois and Wisconsin and he is licensed to practice patent law before the U.S. Patent and Trademark Office. [Read More](https:///blog/news/fleck-licensed-to-practice-in-vermont) [![](https:///Cache/db4f514e3fe1298393f265e2dda4be1d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/what-is-a-guardian-ad-litem-and-what-do-they-do) [What is a Guardian Ad Litem and what do they do?](https:///blog/family-law/what-is-a-guardian-ad-litem-and-what-do-they-do) What is a Guardian Ad Litem is and what their role is in family law matters. [Read More](https:///blog/family-law/what-is-a-guardian-ad-litem-and-what-do-they-do) [![](https:///Cache/f034c3f4c9523a7e38e25bb821f186c2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/2022-indiana-super-lawyers-publication-lists-top-50-lawyers) [2022 Indiana Super Lawyers Publication Lists Top 50 Lawyers](https:///blog/news/2022-indiana-super-lawyers-publication-lists-top-50-lawyers) William Ramsey was listed as one of the Top 50 lawyers in the 2022 Indiana Super Lawyers nomination, research and blue-ribbon review process. [Read More](https:///blog/news/2022-indiana-super-lawyers-publication-lists-top-50-lawyers) [](https:///blog/news/barrett-mcnagny-attorney-2022-indiana-super-lawyers-publication) [Listing in 2022 Indiana Super Lawyers Publication](https:///blog/news/barrett-mcnagny-attorney-2022-indiana-super-lawyers-publication) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2022 with eight attorneys featured in the publication. [Read More](https:///blog/news/barrett-mcnagny-attorney-2022-indiana-super-lawyers-publication) [![](https:///Cache/bb09b01fe49b03650804e04b04fd5c54-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/non-consensual-third-party-releases-in-bankruptcy-disallowed) [​Non-Consensual Third-Party Releases in Bankruptcy Disallowed](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/non-consensual-third-party-releases-in-bankruptcy-disallowed) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) In a recent opinion, Honorable Colleen McMahon of U.S. District Court for the Southern District of New York, ruled that non-consensual releases of creditors’ direct claims against non-debtors in a Bankruptcy reorganization plan are not allowed under the provisions of the United States Bankruptcy Code. [Read More](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/non-consensual-third-party-releases-in-bankruptcy-disallowed) [newer](https:///blog?Page=5) [1](https:///blog)⋯[4](https:///blog?Page=4)[5](https:///blog?Page=5)6[7](https:///blog?Page=7)[8](https:///blog?Page=8)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=7) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=7 #[Blog](https:///blog) [![](https:///Cache/42428c155b165e5f27ac419d78cdcecc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/intellectual-property-law/intellectual-property-team-adds-second-patent-attorney) [Intellectual Property Team Adds Second Patent Attorney](https:///blog/intellectual-property-law/intellectual-property-team-adds-second-patent-attorney) Connor Fleck has passed the U.S. Patent and Trademark Office Registration Examination for Patent Attorneys. Mr. Fleck will be able to represent clients in matters before the U.S. Patent Office, including the filing and prosecution of patent applications. He joins registered patent attorney George Pappas in being able to represent clients before the U.S. Patent Office. [Read More](https:///blog/intellectual-property-law/intellectual-property-team-adds-second-patent-attorney) [![](https:///Cache/1bee24cedf76df03d48ae05131bf65af-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/supreme-court-issues-rulings-on-vaccine-mandates) [Supreme Court Issues Rulings on Vaccine Mandates](https:///blog/labor-and-employment-law/supreme-court-issues-rulings-on-vaccine-mandates) The Supreme Court of the United States ("SCOTUS") issued two rulings related to vaccine mandates that involved the Emergency Temporary Standard (“ETS”) issued by the Occupational Safety and Health Administration’s (“OSHA”) and the vaccine mandate for health care workers. [Read More](https:///blog/labor-and-employment-law/supreme-court-issues-rulings-on-vaccine-mandates) [![](https:///Cache/719eae5098571df39bc486ba613d49d8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/connor-fleck-admitted-to-illinois-bar) [Connor Fleck Admitted to Illinois Bar](https:///blog/news/connor-fleck-admitted-to-illinois-bar) Barrett McNagny LLP is pleased to announce that ​Connor Fleck has been admitted to practice law in the state of Illinois. [Read More](https:///blog/news/connor-fleck-admitted-to-illinois-bar) [![](https:///Cache/509386fdd9fe8ca4cc00621a8794447e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/rehiring-retirees-and-the-impact-to-retirement-plans) [Rehiring Retirees and the Impact to Retirement Plans](https:///blog/labor-and-employment-law/employee-benefits/rehiring-retirees-and-the-impact-to-retirement-plans) By [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky) Retired and Rehired: The IRS had previously issued FAQs to explain the retirement plan rules of the CARES Act. The original guidance answered questions about expanded distribution options and favorable tax treatment for retirement distributions needed because of the impact of coronavirus. [Read More](https:///blog/labor-and-employment-law/employee-benefits/rehiring-retirees-and-the-impact-to-retirement-plans) [](https:///blog/litigation/2022-lawyers-of-the-year-in-best-lawyers-in-america) [2022 "Lawyers of the Year" in Best Lawyers in America](https:///blog/litigation/2022-lawyers-of-the-year-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that Robert Keen and Patrick Murphy were selected by their peers for inclusion in The Best Lawyers in America® 2022 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/litigation/2022-lawyers-of-the-year-in-best-lawyers-in-america) [![](https:///Cache/7f88c939e2fcff3eb5dd8dc545c27a7a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/the-adoption-process-in-indiana) [The Basic Adoption Process in Indiana](https:///blog/family-law/the-adoption-process-in-indiana) Even when an adoption is uncontested, it is important to follow the statutory procedure so that the adoption is completed properly and that there are no errors and that, following the necessary hearing, your child is officially and legally yours. [Read More](https:///blog/family-law/the-adoption-process-in-indiana) [![](https:///Cache/c74dc20817ae06a574ee7add5d23ade6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/construction-law-tips-for-contractors-and-homeowners-on-remodeling-projects) [Construction Law Tips for Contractors and Homeowners on Remodeling Projects](https:///blog/real-estate/construction-law-tips-for-contractors-and-homeowners-on-remodeling-projects) As housing projects continue to surge, it's important that both homeowners and contractors educate themselves on construction law to avoid legal disputes. [Read More](https:///blog/real-estate/construction-law-tips-for-contractors-and-homeowners-on-remodeling-projects) [](https:///blog/news/2022-best-lawyers-in-america-listing) [2022 Best Lawyers in America Listing](https:///blog/news/2022-best-lawyers-in-america-listing) Listing of Barrett McNagny attorneys who were listed in the 2022 Best Lawyers in America publication in their respective practice areas. [Read More](https:///blog/news/2022-best-lawyers-in-america-listing) [](https:///blog/news/2022-best-lawyers-in-america-ones-to-watch-listing) [2022 Best Lawyers in America: Ones to Watch Listing](https:///blog/news/2022-best-lawyers-in-america-ones-to-watch-listing) Listing of Barrett McNagny attorneys listed in The 2022 Best Lawyers in America: Ones to Watch publication. [Read More](https:///blog/news/2022-best-lawyers-in-america-ones-to-watch-listing) [![](https:///Cache/ced5a0b5d57982d8f45a8e466354d911-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/technology-and-the-legal-industry) [Kevin Fitzharris Quoted in article about Technology and the Legal Industry](https:///blog/news/technology-and-the-legal-industry) Kevin Fitzharris was quoted in an article in The Indiana Lawyer about technology and the legal industry. [Read More](https:///blog/news/technology-and-the-legal-industry) [![](https:///Cache/2213afeb9c2ca5f5848af476b8cb96e3-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/union-avoidance-steps-for-employers) [Steps for Employers to Preserve a Union Free Workplace](https:///blog/labor-and-employment-law/union-avoidance-steps-for-employers) Learn the steps employer should take to implement a union free business philosophy and preserve a union free workplace. [Read More](https:///blog/labor-and-employment-law/union-avoidance-steps-for-employers) [![](https:///Cache/76f85c1b980422aa80a210ef75f4caab-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses) [Privacy Laws and Cybersecurity Issues for Businesses](https:///blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses) More businesses today are suffering from cybersecurity data breaches that compromise valuable data. Every business should have an understanding of privacy laws and cybersecurity issues and their implication on operations. [Read More](https:///blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses) [![](https:///Cache/91bfa7a158a0468dba2a850e4d992100-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/cohen-receives-the-2021-monsignor-thiele-award-united-way-of-allen-county) [Cohen Receives the 2021 Monsignor Thiele Award](https:///blog/news/cohen-receives-the-2021-monsignor-thiele-award-united-way-of-allen-county) H. Joseph Cohen, a labor and employment attorney with Barrett McNagny, has received the 2021 Monsignor Thiele Award which recognizes a person who has performed exceptional services on behalf of the United Way of Allen County Inc. The Monsignor Thiele Award Committee nominated Cohen and PNC, as Trustee of the Raymond Rosenberger Award Foundation, selected him as this year’s recipient. [Read More](https:///blog/news/cohen-receives-the-2021-monsignor-thiele-award-united-way-of-allen-county) [](https:///blog/business-and-corporate-law/forming-my-business-in-delaware-or-indiana) [​Should I form my business in Delaware or Indiana?](https:///blog/business-and-corporate-law/forming-my-business-in-delaware-or-indiana) Whenever starting a company, one of the decisions to make is where to form the business. If a business’s primary place of operations will be in Indiana, it certainly makes sense to consider Indiana as a logical state. But other states, most notably Delaware, are often selected for the state of incorporation. [Read More](https:///blog/business-and-corporate-law/forming-my-business-in-delaware-or-indiana) [](https:///blog/news/attorneys-recognized-in-2021-indiana-super-lawyers-publication) [Attorneys Recognized in 2021 Indiana Super Lawyers Publication](https:///blog/news/attorneys-recognized-in-2021-indiana-super-lawyers-publication) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2021 that includes nine attorneys from the firm. [Read More](https:///blog/news/attorneys-recognized-in-2021-indiana-super-lawyers-publication) [![](https:///Cache/669c3190e0a4c9f752bc9c1e5066be37-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/website-policies) [Website Policies](https:///blog/business-and-corporate-law/website-policies) Businesses are increasingly relying on their websites as a convenient tool to market, interact with current or potential customers, and transact business. However, as businesses continue to integrate into the online realm, it is imperative businesses monitor their websites to ensure compliance with the evolving legal landscape. [Read More](https:///blog/business-and-corporate-law/website-policies) [![](https:///Cache/993789dc7d3175a8c3994dc02314a542-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/molitoris-earns-certification-from-the-international-association-of-privacy-professionals) [Molitoris Earns Certification from the International Association of Privacy Professionals](https:///blog/cybersecurity/molitoris-earns-certification-from-the-international-association-of-privacy-professionals) Justin Molitoris, a business and corporate law attorney, obtained the CIPP/US certification from the International Association of Privacy Professionals identifying him as a certified information privacy professional. This certification demonstrates his familiarity with the federal, state and regulatory legal framework of the United States relating to information privacy and cybersecurity. [Read More](https:///blog/cybersecurity/molitoris-earns-certification-from-the-international-association-of-privacy-professionals) [![](https:///Cache/491a55ea18f1cf9c4beeea6aa14b4162-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/subordination-agreements-may-be-modified-in-bankruptcy-reorganizations) [Subordination Agreements May Be Modified In Bankruptcy Reorganizations](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/subordination-agreements-may-be-modified-in-bankruptcy-reorganizations) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) Subordination agreements are often integral elements of commercial lending. They typically take the form of “debt subordination” and/or “lien subordination”. [Read More](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/subordination-agreements-may-be-modified-in-bankruptcy-reorganizations) [![](https:///Cache/2d4807f52a5cb680ad641a0a8443e0a0-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/real-estate-disclosure-form-seller-liability) [Real Estate Disclosure Form](https:///blog/real-estate/real-estate-disclosure-form-seller-liability) The Seller Disclosure Form reflects the seller’s knowledge of their homes condition. Legal recovery is possible if the seller knowingly omits details from the form. [Read More](https:///blog/real-estate/real-estate-disclosure-form-seller-liability) [![](https:///Cache/ab58597b63afafae543dc775e064f21e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/cybersecurity-basics-in-an-ever-connected-world) [Cybersecurity Basics in an Ever-Connected World](https:///blog/cybersecurity/cybersecurity-basics-in-an-ever-connected-world) By [Justin T. Molitoris](https:///our-people/justin-t-molitoris) Data and privacy are increasing concerns in today’s business environment. Many states and foreign governments have passed legislation that attempts to address some potential risks existing in our hyper-cyber environment. [Read More](https:///blog/cybersecurity/cybersecurity-basics-in-an-ever-connected-world) [newer](https:///blog?Page=6) [1](https:///blog)⋯[5](https:///blog?Page=5)[6](https:///blog?Page=6)7[8](https:///blog?Page=8)[9](https:///blog?Page=9)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=8) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=8 #[Blog](https:///blog) [![](https:///Cache/8a30b5ef4c98e0504b3758fb8e436006-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/landowner-obligations-for-snow-and-ice-removal) [Landowner Obligations for Snow and Ice Removal](https:///blog/litigation/landowner-obligations-for-snow-and-ice-removal) Anyone who has spent a winter in Indiana knows that snow and ice are unavoidable weather conditions. Slip-and-fall injuries are a common occurrence and a common subject of insurance claims that lead to lawsuits. [Read More](https:///blog/litigation/landowner-obligations-for-snow-and-ice-removal) [![](https:///Cache/bf0c304cc1e63f9efc935e86fdac8978-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/closely-held-family-business-injunctive-relief) [Can an injunction solve problems in a family business?](https:///blog/litigation/closely-held-family-business-injunctive-relief) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) Many family businesses are closely held, meaning only a few people have an ownership interest in the business. In these types of businesses, disputes between the shareholders can cause problems on many levels, sometimes leading to litigation. [Read More](https:///blog/litigation/closely-held-family-business-injunctive-relief) [![](https:///Cache/fbac639e939644f42824607c184b1c2c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) [​Is it medical malpractice or ordinary negligence?](https:///blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) By [William A. Ramsey](https:///our-people/william-a-ramsey) Claims against healthcare providers for negligent acts fall into two broad categories of medical malpractice and ordinary negligence. In general, claims that are related to the promotion of a patient’s health or a healthcare provider’s professional expertise, skill, or judgment are considered claims of medical malpractice, while claims that are unrelated to these issues are considered claims of ordinary negligence. [Read More](https:///blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) [](https:///blog/news/barrett-mcnagny-llp-listed-in-2021-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2021 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2021-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2021 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2021-best-law-firms-rankings) [![](https:///Cache/a8f82d2eca8e70e3998ae9ab5f9f74c7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/niezer-recognized-as-alumnus-of-the-year) [Niezer Recognized as Alumnus of the Year By Bishop Dwenger High School](https:///blog/news/niezer-recognized-as-alumnus-of-the-year) Thomas Niezer was recognized by Bishop Dwenger High School as Alumnus of the Year at their annual Hall of Fame dinner. [Read More](https:///blog/news/niezer-recognized-as-alumnus-of-the-year) [](https:///blog/news/best-lawyers-in-america-lawyers-of-the-year-2021) [Firm Attorneys Recognized as "Lawyers of the Year" in Best Lawyers in America](https:///blog/news/best-lawyers-in-america-lawyers-of-the-year-2021) Barrett McNagny LLP is proud to announce that four firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2021 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/news/best-lawyers-in-america-lawyers-of-the-year-2021) [![](https:///Cache/b4fb7e5298d1df545b3c558521dea9ea-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/reasonable-accommodation-and-interactive-process-under-the-americans-with-disabilities-act-ada) [​“Reasonable Accommodation” and “Interactive Process” Under the Americans with Disabilities Act (ADA)](https:///blog/labor-and-employment-law/reasonable-accommodation-and-interactive-process-under-the-americans-with-disabilities-act-ada) Employers need to be aware of two key terms under the Americans with Disabilities Act (ADA), “reasonable accommodation” and “interactive process" [Read More](https:///blog/labor-and-employment-law/reasonable-accommodation-and-interactive-process-under-the-americans-with-disabilities-act-ada) [](https:///blog/news/the-best-lawyers-in-america-2021-publication) [The Best Lawyers in America 2021 Publication](https:///blog/news/the-best-lawyers-in-america-2021-publication) Barrett McNagny LLP is proud to announce the firm attorneys who were selected by their peers for inclusion in The Best Lawyers in America® 2021 publication in their respective practice areas. [Read More](https:///blog/news/the-best-lawyers-in-america-2021-publication) [![](https:///Cache/68a74f99e048ad14cf8b4425f143c5c5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/fmla-vs-the-ada) [FMLA vs. the ADA](https:///blog/labor-and-employment-law/fmla-vs-the-ada) Learn the differences between FMLA vs. ADA and determine which one an employee qualifies for given their situation. [Read More](https:///blog/labor-and-employment-law/fmla-vs-the-ada) [![](https:///Cache/ce8ea4ddcb77ef07f193f77f0fb4ed6b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/military-divorce-documents-that-need-to-be-reviewed-for-military-retirement-benefits) [Military Divorce: Documents that Need to be Reviewed for Military Retirement Benefits](https:///blog/family-law/military-divorce-documents-that-need-to-be-reviewed-for-military-retirement-benefits) By [Sadie L. Dillon-Baatz](https:///) Indiana is a “one pot” state, in which all assets owned by the parties at the time of divorce are considered marital assets that will be divided in some fashion between the parties, either by the Court or by agreement. Retirement benefits are often an important component of a marital property division or settlement agreement. [Read More](https:///blog/family-law/military-divorce-documents-that-need-to-be-reviewed-for-military-retirement-benefits) [![](https:///Cache/7057c0579319b12f46f306c73c6d3f55-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/phones-down-while-driving-indiana) [Phones Down While Driving, Indiana](https:///blog/litigation/phones-down-while-driving-indiana) ​As of July 1, 2020, those operating a moving motor vehicle in the Hoosier state are prohibited from holding a cell phone. [Read More](https:///blog/litigation/phones-down-while-driving-indiana) [![](https:///Cache/52648a20b9170a214c31887746e6354d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/what-should-your-companys-internet-usage-policy-include) [What should your company’s internet usage policy include?](https:///blog/labor-and-employment-law/what-should-your-companys-internet-usage-policy-include) It is important for a business to have an internet usage policy in place that sets and establishes guidelines for employees to follow while using the internet at work. [Read More](https:///blog/labor-and-employment-law/what-should-your-companys-internet-usage-policy-include) [![](https:///Cache/79a86e54e4029d11d61dbb803aa78976-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/supreme-court-decision-on-federal-anti-discrimination-laws) [Supreme Court Decision on Federal Anti-Discrimination Laws](https:///blog/labor-and-employment-law/supreme-court-decision-on-federal-anti-discrimination-laws) By [Anthony M. Stites](https:///our-people/anthony-m-stites) The Supreme Court of the United States ruled on June 15, 2020 that the existing Federal Anti-Discrimination laws provide protection to applicants and employees on the basis of their sexual orientation and/or transgender status. [Read More](https:///blog/labor-and-employment-law/supreme-court-decision-on-federal-anti-discrimination-laws) [![](https:///Cache/ea6f62c96b6ec50218c349dc51f3f95a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/business-startup-formation-checklist) [Business Startup Formation Checklist](https:///blog/business-and-corporate-law/business-startup-formation-checklist) By [Justin T. Molitoris](https:///our-people/justin-t-molitoris) When starting a business there are many items to consider in preparation of your startup like state of formation, documentation, and governance. [Read More](https:///blog/business-and-corporate-law/business-startup-formation-checklist) [![](https:///Cache/d42b47202eed601764de914f0ca67237-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/my-companys-data-server-was-hacked-now-what) [​My Company’s Data Server was Hacked. Now what?](https:///blog/labor-and-employment-law/my-companys-data-server-was-hacked-now-what) Cyber-actors (or “hackers”) are targeting businesses to obtain any and all information that might have some form of value. It is imperative that companies have a set of steps in place to respond quickly for the sake of those affected and to comply with any and all regulating state or federal authorities, such as any applicable State Attorney General’s offices. [Read More](https:///blog/labor-and-employment-law/my-companys-data-server-was-hacked-now-what) [![](https:///Cache/918af2d0931b2783659be2778a0263f2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/final-title-ix-regulations) [Final Title IX Regulations](https:///blog/labor-and-employment-law/final-title-ix-regulations) On May 6, 2020, the U.S. Department of Education released the long-awaited final regulations regarding the procedures for colleges to use in handling sexual-harassment complaints. [Read More](https:///blog/labor-and-employment-law/final-title-ix-regulations) [![](https:///Cache/f89d5e243302b24dd7fe69b3b49a013e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/fraud-prevention-resources-for-unemployment-insurance) [Fraud Prevention Resources for Unemployment Insurance](https:///blog/cybersecurity/fraud-prevention-resources-for-unemployment-insurance) By [James J. O'Connor](https:///our-people/james-j-oconnor) U.S. Department of Labor (DOL) released updated resources for employers, employees, and states to prevent fraud or misuse in the unemployment insurance system, including the new unemployment insurance programs under the Coronavirus Aid, Relief and Economic Security (CARES) Act. [Read More](https:///blog/cybersecurity/fraud-prevention-resources-for-unemployment-insurance) [![](https:///Cache/9de6ceafd232898f9cc8967e80be10ef-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/business-and-corporate-law/important-due-diligence-items-to-consider-when-buying-a-business) [Important Due Diligence Items To Consider When Buying a Business](https:///blog/business-and-corporate-law/important-due-diligence-items-to-consider-when-buying-a-business) When deciding to purchase a business, one of the most important pre-transaction items for the buyer to complete is a due diligence review of the target company. [Read More](https:///blog/business-and-corporate-law/important-due-diligence-items-to-consider-when-buying-a-business) [![](https:///Cache/5ab45d947f5b2206c0f4236db145e2c0-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business) [S Corp or LLC – Which is Right for My Business?](https:///blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business) Learn the key differences between an S Corp and LLC to choose the right business entity and set your company up for future success. [Read More](https:///blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business) [![](https:///Cache/e9bc7119c4530938bf5ec441bc3d4c3a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/review-employer-charge-statements-from-indianas-department-of-workforce-development-for-accuracy) [Review Employer Charge Statements from Indiana’s Department of Workforce Development for Accuracy](https:///blog/labor-and-employment-law/review-employer-charge-statements-from-indianas-department-of-workforce-development-for-accuracy) By [James J. O'Connor](https:///our-people/james-j-oconnor) If you are - or work for - an employer dealing with layoffs, furloughs, or separations, it is important for you to be vigilant in reviewing the Charge Statements issued by Indiana’s Department of Workforce Development (DWD). [Read More](https:///blog/labor-and-employment-law/review-employer-charge-statements-from-indianas-department-of-workforce-development-for-accuracy) [newer](https:///blog?Page=7) [1](https:///blog)⋯[6](https:///blog?Page=6)[7](https:///blog?Page=7)8[9](https:///blog?Page=9)[10](https:///blog?Page=10)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=9) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=9 #[Blog](https:///blog) [![](https:///Cache/0a028923006f4086ed0bc56790fb5fe8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/kimbrough-featured-in-indiana-super-achiever-series) [Kimbrough Featured in Indiana Super Achiever Series](https:///blog/news/kimbrough-featured-in-indiana-super-achiever-series) Thomas Kimbrough was one of the many local leaders featured in the Indiana Super Achievers Series. Tom, a Fort Wayne native, discusses why he became an attorney and why he choose to come back to Fort Wayne to practice law at Barrett McNagny. [Read More](https:///blog/news/kimbrough-featured-in-indiana-super-achiever-series) [](https:///blog/news/firm-attorneys-recognized-in-indiana-2020-super-lawyers-publication) [Firm Attorneys Recognized in Indiana 2020 Super Lawyers Publication](https:///blog/news/firm-attorneys-recognized-in-indiana-2020-super-lawyers-publication) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2020. [Read More](https:///blog/news/firm-attorneys-recognized-in-indiana-2020-super-lawyers-publication) [](https:///blog/news/barrett-mcnagny-featured-on-the-fort4fitness-blog) [Barrett McNagny Featured on the Fort4Fitness Blog](https:///blog/news/barrett-mcnagny-featured-on-the-fort4fitness-blog) Barrett McNagny was featured on the Fort4Fitness blog highlighting their Corporate Connection Program. [Read More](https:///blog/news/barrett-mcnagny-featured-on-the-fort4fitness-blog) [![](https:///Cache/0e777f8796064e51c291195c8fcde2bb-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) [What Happens After Mediation](https:///blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) By [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris) Hear from a Mediator's perspective on what happens after a mediation settlement and what next steps look like. Need a mediator? Contact Barrett McNagny today. [Read More](https:///blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) [](https:///blog/news/william-mcnagny-passes-away-at-age-98) [William McNagny Passes Away at Age 98](https:///blog/news/william-mcnagny-passes-away-at-age-98) On behalf of everyone at the law firm of Barrett McNagny LLP, we are saddened by the passing of our colleague Bill McNagny. Bill was one of the premier lawyers in Indiana and was widely regarded as one of the preeminent courtroom litigators of his time. [Read More](https:///blog/news/william-mcnagny-passes-away-at-age-98) [![](https:///Cache/382626cf17e80d1e71d60ac9fd6a5f60-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) [What Happens At Mediation](https:///blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) By [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris) Part 2 of a 3-part series of articles by mediator Kevin Fitzharris that provide helpful tips from his perspective as a mediator. This article provides helpful tips for attorneys to help facilitate settlement during the mediation process. [Read More](https:///blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) [![](https:///Cache/98b8d01975e6bdcfcdf34fc536c4c55c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) [What Happens Before Mediation](https:///blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) By [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris) Part 1 of a 3-part series of articles by mediator Kevin Fitzharris that provide helpful tips from his perspective as a mediator. This article discusses how to handle postponement of a mediation and the confidential mediation statement. [Read More](https:///blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) [![](https:///Cache/357b38b1dd2f944f1513097754155262-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/indiana-supreme-court-defines-use-of-liquidated-damages-clauses-in-employment-contracts) [Indiana Supreme Court Defines Use of Liquidated Damages Clauses in Employment Contracts](https:///blog/labor-and-employment-law/indiana-supreme-court-defines-use-of-liquidated-damages-clauses-in-employment-contracts) By [William A. Ramsey](https:///our-people/william-a-ramsey) Employment contracts frequently include restrictions on an employee’s ability to work for a competitor (non-competition clause) or to solicit the employer’s employees or customers (non-solicitation clause) for a period of time after the employee’s employment ceases. [Read More](https:///blog/labor-and-employment-law/indiana-supreme-court-defines-use-of-liquidated-damages-clauses-in-employment-contracts) [![](https:///Cache/1535bcebe07808af46e20a13bd8272d0-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting) [Preparing to Meet Your Family Law Attorney: What should you bring to your first meeting?](https:///blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting) Family law attorneys understand that going through the process of getting a divorce can be quite an ordeal. It is an emotional time that can involve disputes about marital property, child custody, or other personal issues. [Read More](https:///blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting) [](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-what-perks-can-be-included-in-regular-rate-of-pay) [Department of Labor Issues Final Rule on What Perks Can be Included in "Regular Rate" of Pay](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-what-perks-can-be-included-in-regular-rate-of-pay) The U.S. Department of Labor announced its final rule on what perks employers can exclude from the regular rate of pay calculation. [Read More](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-what-perks-can-be-included-in-regular-rate-of-pay) [![](https:///Cache/c611951d3938925e9aee832c7f658846-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/no-contest-provisions) [No Contest Provisions](https:///blog/estate-planning-and-administration/no-contest-provisions) There are times when a beneficiary of an estate or trust may want to challenge the terms of the will or trust. In order to avoid a challenge, the will or trust may include a “no contest” provision. [Read More](https:///blog/estate-planning-and-administration/no-contest-provisions) [![](https:///Cache/669a90fc6bff34d43f556bdffc3e43fc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/real-property-used-for-charitable-purposes-can-be-exempt-from-taxation) [Real Property Used for "Charitable Purposes" Can be Exempt from Taxation](https:///blog/appellate-law/real-property-used-for-charitable-purposes-can-be-exempt-from-taxation) Indiana statute provides that real property used for “charitable purposes” can be exempt from taxation. [Read More](https:///blog/appellate-law/real-property-used-for-charitable-purposes-can-be-exempt-from-taxation) [![](https:///Cache/b38cf76dacfdd425b2eca86682f4e969-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/court-of-appeals-issues-decision-addressing-questions-of-what-constitutes-medical-care) [Court of Appeals Issues Decision Addressing Questions of What Constitutes Medical Care](https:///blog/appellate-law/court-of-appeals-issues-decision-addressing-questions-of-what-constitutes-medical-care) In medical malpractice cases, a dispute can arise over whether certain acts or omissions occurred in the course of providing medical care or the related question of whether a patient-provider relationship arose based on certain acts of a medical provider. [Read More](https:///blog/appellate-law/court-of-appeals-issues-decision-addressing-questions-of-what-constitutes-medical-care) [![](https:///Cache/d074e4e04f1c595f1ed308512127119a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/respecting-employees-privacy-rights-during-an-internal-investigation) [Respecting Employees’ Privacy Rights during an Internal Investigation](https:///blog/labor-and-employment-law/respecting-employees-privacy-rights-during-an-internal-investigation) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) An employer must respect employees’ privacy rights when conducting internal investigations in response to a claim or allegation. However, at the same time, it is necessary and important for the employer to obtain all of the relevant factual information. In most instances, the investigation must be conducted promptly and thoroughly. [Read More](https:///blog/labor-and-employment-law/respecting-employees-privacy-rights-during-an-internal-investigation) [![](https:///Cache/40dbe36267dd38017de63c3ed3fa606b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/molitoris-admitted-to-practice-law-in-ohio) [Molitoris Admitted to Practice Law in Ohio](https:///blog/news/molitoris-admitted-to-practice-law-in-ohio) Justin T. Molitoris has been admitted to practice law in the state of Ohio. Mr. Molitoris concentrates his practice in the areas of corporate and business law. [Read More](https:///blog/news/molitoris-admitted-to-practice-law-in-ohio) [](https:///blog/news/barrett-mcnagny-llp-listed-in-2020-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2020 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2020-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2020 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2020-best-law-firms-rankings) [![](https:///Cache/e4cf91c3dc1220b760b4b6baead62be5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/small-business-reorganization-act) [Small Business Reorganization Act](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/small-business-reorganization-act) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) On August 23, 2019, President Trump signed into law the Small Business Reorganization Act (“Act”), which is intended to make bankruptcy reorganizations a faster, more efficient, and more affordable debt-management option for small businesses. [Read More](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/small-business-reorganization-act) [![](https:///Cache/55e8f03dd9b9f2c0d93ea421517ec69e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/kimbrough-receives-award) [Kimbrough Receives Award](https:///blog/news/kimbrough-receives-award) Thomas Kimbrough was the recipient of the David A. Bobilya Excellence in Nonprofit Leadership Award. [Read More](https:///blog/news/kimbrough-receives-award) [![](https:///Cache/3a96f0f038a2e0a37d25c6f4410cb62e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/laws-impose-an-affirmative-obligation-to-investigate) [Laws Impose an Affirmative Obligation to Investigate](https:///blog/labor-and-employment-law/laws-impose-an-affirmative-obligation-to-investigate) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) There are various laws and statutes that create a duty to investigate by the employer when a claim has been made by an employee. [Read More](https:///blog/labor-and-employment-law/laws-impose-an-affirmative-obligation-to-investigate) [![](https:///Cache/6dbf9a1b1a1fbfc2605941ab5eede6e3-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/murphy-featured-through-purdue-fort-wayne-athletics) [Murphy Featured through Purdue Fort Wayne Athletics](https:///blog/news/murphy-featured-through-purdue-fort-wayne-athletics) Litigation attorney and Mastodon alumni Pat Murphy was featured as part of Purdue Fort Wayne's Season Ticket Holder Spotlight. [Read More](https:///blog/news/murphy-featured-through-purdue-fort-wayne-athletics) [newer](https:///blog?Page=8) [1](https:///blog)⋯[7](https:///blog?Page=7)[8](https:///blog?Page=8)9[10](https:///blog?Page=10)[11](https:///blog?Page=11)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=10) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=10 #[Blog](https:///blog) [![](https:///Cache/1aad7bf28c447a83898b6ff62ff731e8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/post-internal-investigations-matters) [Post Internal Investigations Matters](https:///blog/labor-and-employment-law/post-internal-investigations-matters) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) An internal investigation has been completed, but now a decision must be reached. If the investigation related to a claim or allegation that will result in discipline, the investigator must, usually, discern credibility of witnesses and relevant comfort levels with the information gathered. [Read More](https:///blog/labor-and-employment-law/post-internal-investigations-matters) [![](https:///Cache/6c547da54a20d4ac15cab518093cab04-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/court-of-appeals-issues-decision-regarding-mitigation-of-damages) [Court of Appeals Issues Decision Regarding Mitigation of Damages](https:///blog/appellate-law/court-of-appeals-issues-decision-regarding-mitigation-of-damages) By [William A. Ramsey](https:///our-people/william-a-ramsey) Some personal injury cases warrant the Mitigation of Damages defense – when the plaintiff failed to use reasonable care to minimize damages following an injury. [Read More](https:///blog/appellate-law/court-of-appeals-issues-decision-regarding-mitigation-of-damages) [![](https:///Cache/fb4b007f36c5d128dcd647004d6b7163-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/offering-employees-pre-tax-benefits-you-need-a-cafeteria-plan) [Offering Employees Pre-Tax Benefits? You Need a Cafeteria Plan](https:///blog/labor-and-employment-law/employee-benefits/offering-employees-pre-tax-benefits-you-need-a-cafeteria-plan) With few exceptions, the premium costs paid by employees for group health benefits are paid with pre-tax dollars. In other words, the employee’s portion of healthcare premiums is taken out of the employee’s pay before the employer withholds taxes. [Read More](https:///blog/labor-and-employment-law/employee-benefits/offering-employees-pre-tax-benefits-you-need-a-cafeteria-plan) [](https:///blog/news/the-best-lawyers-in-america-2020-lawyers-of-the-year) [The Best Lawyers in America 2020 “Lawyers of the Year”](https:///blog/news/the-best-lawyers-in-america-2020-lawyers-of-the-year) Barrett McNagny LLP is proud to announce that four firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2020 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/news/the-best-lawyers-in-america-2020-lawyers-of-the-year) [![](https:///Cache/c3b6665fb323ed44fb6fd5a282a4d8a1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/appealing-interlocutory-or-non-final-orders) [Appealing Interlocutory or Non-Final Orders](https:///blog/appellate-law/appealing-interlocutory-or-non-final-orders) By [William A. Ramsey](https:///our-people/william-a-ramsey) Interlocutory appeals can be difficult to win, but in the right case, they can help turn the tide and help lead to a good overall result to litigation. [Read More](https:///blog/appellate-law/appealing-interlocutory-or-non-final-orders) [![](https:///Cache/df568f93b24c7b206a1a9b00c3dcf070-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/steps-in-a-workers-compensation-claim) [​Steps in a Worker’s Compensation Claim](https:///blog/labor-and-employment-law/steps-in-a-workers-compensation-claim) An article about the steps in a worker's compensation claim. [Read More](https:///blog/labor-and-employment-law/steps-in-a-workers-compensation-claim) [![](https:///Cache/14d9d6e35259f635d9fdd44b370dff51-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work) [Mediation: What is it and how does it work?](https:///blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work) By [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris) Mediation is a way to resolve a dispute before a judge or jury makes the ultimate decision. Most judges won’t schedule a trial until a mediation session occurs. [Read More](https:///blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work) [![](https:///Cache/396abded97cbdf734755b253d4c174a5-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation) [Guidelines for Conducting an Internal Investigation](https:///blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) Conducting an internal investigation is an important part of any human resource professional’s job. This article provides guidelines that should be considered when conducting an investigation. [Read More](https:///blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation) [![](https:///Cache/19c364a5a0fdb9193c53477a3ca7147a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/tips-on-conducting-an-internal-investigation-for-human-resource-professionals) [Tips on Conducting an Internal Investigation for Human Resource Professionals](https:///blog/labor-and-employment-law/tips-on-conducting-an-internal-investigation-for-human-resource-professionals) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) Most human resource professionals will need to conduct investigations during their careers as a part of their job duties. Investigations are most often required for allegations which include theft, drug use, discrimination, threats, assaults and harassment. [Read More](https:///blog/labor-and-employment-law/tips-on-conducting-an-internal-investigation-for-human-resource-professionals) [![](https:///Cache/19569d88cc2a00f94229e386e7dca424-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/firm-attorneys-recognized-in-best-lawyers-in-america) [Firm Attorneys Recognized in Best Lawyers® in America](https:///blog/news/firm-attorneys-recognized-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce the following firm attorneys who were selected by their peers for inclusion in The Best Lawyers in America® 2020 in their respective practice areas. [Read More](https:///blog/news/firm-attorneys-recognized-in-best-lawyers-in-america) [![](https:///Cache/0907116c2e561c0e308081381cd56f83-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/labor-and-employment-law/workers-compensation-insurance-do-i-need-it) [Worker’s Compensation Insurance – Do I need it?](https:///blog/labor-and-employment-law/workers-compensation-insurance-do-i-need-it) Many business owners ask the question, “Do I need Worker’s Compensation Insurance?” If you are a business owner find out if you are required to carry this insurance. [Read More](https:///blog/labor-and-employment-law/workers-compensation-insurance-do-i-need-it) [![](https:///Cache/25f6a77c6b324bb820a8e38ed74dfcb8-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/finance/opportunity-zones) [Opportunity Zones](https:///blog/finance/opportunity-zones) Opportunity Zones were established by the Tax Cuts and Jobs Act of 2017 § 1400Z and are low-income census tracts that are nominated for that designation by each State’s Executive Officer and certified by the U.S. Department of Treasury. They offer preferential tax treatment for new investments in these zones. [Read More](https:///blog/finance/opportunity-zones) [![](https:///Cache/5d415ba607809c50262891dfed7d505a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/do-i-have-coverage-for-this) [Do I have coverage for this?](https:///blog/litigation/do-i-have-coverage-for-this) Every day we are bombarded with advertisements trying to sell us more insurance. For the average consumer, the choice is not particularly complicated. Most people are in the market for an auto, home, or renter’s insurance policy. But for a business, choosing the type of coverage needed to adequately protect one’s interests can be a much more complicated decision. [Read More](https:///blog/litigation/do-i-have-coverage-for-this) [![](https:///Cache/57e9c5f07b7a0c8fc827c9f727f0d145-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/paul-and-szaferski-featured) [Paul and Szaferski Featured](https:///blog/news/paul-and-szaferski-featured) Trisha J. Paul and Emily S. Szaferski were featured in the February 2019 Saint Francis magazine for the University of Saint Francis. [Read More](https:///blog/news/paul-and-szaferski-featured) [![](https:///Cache/1decce885959335853d5d39b0575ed1f-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/intellectual-property-law/can-i-use-that-protecting-your-business-from-copyright-litigation) [Can I use that? – Protecting your business from copyright litigation](https:///blog/intellectual-property-law/can-i-use-that-protecting-your-business-from-copyright-litigation) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Internet is filled with readily accessible and downloadable images and written content. A common misconception exists that the public nature of this information makes it fair game for reproduction and use. [Read More](https:///blog/intellectual-property-law/can-i-use-that-protecting-your-business-from-copyright-litigation) [![](https:///Cache/2325234de8cb0d9f38e20ef604f46e24-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/7th-circuit-provides-narrow-interpretation-of-age-discrimination-employment-act) [7th Circuit Provides Narrow Interpretation of Age Discrimination Employment Act](https:///blog/labor-and-employment-law/7th-circuit-provides-narrow-interpretation-of-age-discrimination-employment-act) By [Anthony M. Stites](https:///our-people/anthony-m-stites) The 7th Circuit Court of Appeals, sitting en banc, ruled 8 to 4 that job applicants do not have legal standing to bring claims for unintentional age discrimination under the Age Discrimination Employment Act (ADEA). [Read More](https:///blog/labor-and-employment-law/7th-circuit-provides-narrow-interpretation-of-age-discrimination-employment-act) [![](https:///Cache/831de9e49a60e19c2456da90683d7d21-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/2019-indiana-super-lawyers-listing) [2019 Indiana Super Lawyers Listing](https:///blog/news/2019-indiana-super-lawyers-listing) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2019. [Read More](https:///blog/news/2019-indiana-super-lawyers-listing) [![](https:///Cache/663dd617b310c5a2c357bab077c81b48-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/osha-rescinds-electronic-submission-and-public-disclosure-requirements-for-large-employers) [OSHA Rescinds Electronic Submission and Public Disclosure Requirements for Large Employers](https:///blog/labor-and-employment-law/osha-rescinds-electronic-submission-and-public-disclosure-requirements-for-large-employers) By [Anthony M. Stites](https:///our-people/anthony-m-stites) The Occupational Safety and Health Administration (“OSHA”) rescinded the existing rule on tracking of workplace injuries and illnesses. [Read More](https:///blog/labor-and-employment-law/osha-rescinds-electronic-submission-and-public-disclosure-requirements-for-large-employers) [![](https:///Cache/b4f925c21b9c4f75d55ea3c17eea4ca7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/kevin-k-fitzharris-inducted-into-the-national-academy-of-distinguished-neutrals) [Kevin K. Fitzharris inducted into the National Academy of Distinguished Neutrals](https:///blog/litigation/alternative-dispute-resolution/kevin-k-fitzharris-inducted-into-the-national-academy-of-distinguished-neutrals) Barrett McNagny LLP is pleased to announce that Kevin K. Fitzharris has been inducted into the National Academy of Distinguished Neutrals (NADN). [Read More](https:///blog/litigation/alternative-dispute-resolution/kevin-k-fitzharris-inducted-into-the-national-academy-of-distinguished-neutrals) [![](https:///Cache/4b3fcc83809c777b4889c2fa31c23441-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair) [Avoiding Personal Liability in E-Commerce after Wayfair](https:///blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair) For business owners, there are innumerable benefits to opening an online shop as opposed to operating solely a traditional brick-and-mortar storefront. However, one of the most significant drawbacks is the complexity and uncertainty of sales tax law. [Read More](https:///blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair) [newer](https:///blog?Page=9) [1](https:///blog)⋯[8](https:///blog?Page=8)[9](https:///blog?Page=9)10[11](https:///blog?Page=11)[12](https:///blog?Page=12)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=11) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=11 #[Blog](https:///blog) [![](https:///Cache/4703682ee52c6ee7d643c3e0118c8fe2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/elektron-building-featured-in-book-on-historic-buildings) [Elektron Building Featured in Book on Historic Buildings](https:///blog/news/elektron-building-featured-in-book-on-historic-buildings) The Elektron Building is the current home of Barrett McNagny. It is featured in a new book on historic buildings in Fort Wayne. [Read More](https:///blog/news/elektron-building-featured-in-book-on-historic-buildings) [![](https:///Cache/09b9fd23dd1fe744f7c75b0ad2525e62-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/intellectual-property-law/pappas-joins-barrett-mcnagny) [Pappas Joins Barrett McNagny](https:///blog/intellectual-property-law/pappas-joins-barrett-mcnagny) George Pappas, a registered patent attorney, has joined Barrett McNagny as a partner. [Read More](https:///blog/intellectual-property-law/pappas-joins-barrett-mcnagny) [![](https:///Cache/35ecfbe11575bcef7e962ed61a069e22-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/zoning-laws-when-purchasing-real-estate) [Zoning Laws When Purchasing Real Estate](https:///blog/real-estate/zoning-laws-when-purchasing-real-estate) Working with a real estate attorney to consider zoning laws can save you from hassles down the road and allow a business to flourish in its new space. [Read More](https:///blog/real-estate/zoning-laws-when-purchasing-real-estate) [![](https:///Cache/5244e906a31cd1a4c79e667220dff57a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/paul-authors-column-in-the-journal-gazette) [Paul Authors Column in The Journal Gazette](https:///blog/news/paul-authors-column-in-the-journal-gazette) Trisha J. Paul authored a column in the Sunday, November 25, 2018, Journal Gazette titled "Practice for the game of Life." [Read More](https:///blog/news/paul-authors-column-in-the-journal-gazette) [![](https:///Cache/2d2be2de6eed445c9df04fcf51ac1ce2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/november-2018-midterm-election-results-for-use-of-marijuana) [November 2018 Midterm Election Results for use of Marijuana](https:///blog/labor-and-employment-law/november-2018-midterm-election-results-for-use-of-marijuana) Results from the states of Michigan, North Dakota, Utah and Missouri where marijuana initiatives were on the midterm ballot. [Read More](https:///blog/labor-and-employment-law/november-2018-midterm-election-results-for-use-of-marijuana) [![](https:///Cache/78c083321e24d123aceacb0e4c5b71c9-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/2019-best-law-firms-rankings) [2019 “Best Law Firms” Rankings](https:///blog/news/2019-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2019 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/2019-best-law-firms-rankings) [![](https:///Cache/3926be08adf4157f46324075e6317bcd-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution) [What Is Alternative Dispute Resolution?](https:///blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution) By [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris) Alternative Dispute Resolution (ADR) provides parties five alternatives to resolve disputes out of court without the need of a formal trial. [Read More](https:///blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution) [![](https:///Cache/15c7c0a1ead3f09d1b8ab4a023e6e9c8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/local-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [Local Attorneys Recognized as “Lawyers of the Year” in Best Lawyers® in America](https:///blog/news/local-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that four firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2019 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/news/local-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [![](https:///Cache/53081dabec75522d377f6e36562315e1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/401k-403b-plans-selected-developments) [401(k) / 403(b) Plans - Selected Developments](https:///blog/labor-and-employment-law/employee-benefits/401k-403b-plans-selected-developments) This is to update you on certain recent developments pertaining to 401(k) and 403(b) plans, which may affect your plan operations and plan document. [Read More](https:///blog/labor-and-employment-law/employee-benefits/401k-403b-plans-selected-developments) [![](https:///Cache/532fcb30da8d67b0428bb8c19ad3306a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2019) [Attorneys Recognized in The Best Lawyers® in America 2019](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2019) Barrett McNagny LLP is proud to announce that 19 firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2019 in their respective practice areas. [Read More](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2019) [![](https:///Cache/6a75b5b23d25d2b1ba8fd2ee503bf438-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/niezer-authors-column-in-the-journal-gazette-on-redevelopment) [Niezer Authors Column in The Journal Gazette on Redevelopment](https:///blog/real-estate/niezer-authors-column-in-the-journal-gazette-on-redevelopment) Thomas Niezer authors a column in The Journal Gazette on redevelopment efforts in Fort Wayne. [Read More](https:///blog/real-estate/niezer-authors-column-in-the-journal-gazette-on-redevelopment) [![](https:///Cache/59c12e006542a151c2da12c4a3dcd936-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/decanting-or-when-an-irrevocable-trust-is-not-irrevocable) [DECANTING (or when an Irrevocable Trust is not irrevocable)](https:///blog/estate-planning-and-administration/decanting-or-when-an-irrevocable-trust-is-not-irrevocable) What if you created an irrevocable trust years ago that does not work today? [Read More](https:///blog/estate-planning-and-administration/decanting-or-when-an-irrevocable-trust-is-not-irrevocable) [![](https:///Cache/1222131a6209063587871f673209c011-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/ten-steps-to-get-your-business-startup-on-track) [Ten Steps to Get Your Business Startup on Track](https:///blog/business-and-corporate-law/ten-steps-to-get-your-business-startup-on-track) When starting your own business, it’s important to have procedures in place that keep you focused. Here are ten steps to help set-up your business for success. [Read More](https:///blog/business-and-corporate-law/ten-steps-to-get-your-business-startup-on-track) [![](https:///Cache/13014072875e848485034c5a0f6845cd-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/what-is-an-injunction) [What Is An Injunction?](https:///blog/litigation/what-is-an-injunction) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) An injunction is an order issued by a judge that forces a person or entity to perform an action or stop taking certain action. [Read More](https:///blog/litigation/what-is-an-injunction) [![](https:///Cache/9cd8f8d91df75c51c9feeb14cb550cfe-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities) [A Role For State Tax Credits In The Redevelopment Of Economically Distressed Communities](https:///blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities) Economic development, redevelopment, and rehabilitation of abandoned and/or distressed industrial and commercial sites as well as economically challenged and underserved communities is on the rise in Fort Wayne and elsewhere in the Northeast Indiana region. [Read More](https:///blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities) [![](https:///Cache/a43a845ead63b1896f275cfe605bdc62-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) [A Role For Federal Tax Credits In The Redevelopment Of Economically Distressed Communities](https:///blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) By [Richard E. Fox](https:///our-people/richard-e-fox) Economic development, redevelopment, and rehabilitation of abandoned and/or distressed industrial and commercial sites as well as economically challenged and underserved communities is on the rise in Fort Wayne and elsewhere in Northeast Indiana. [Read More](https:///blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) [![](https:///Cache/13248552b0c600459ca25c9a14b80239-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/top-ten-questions-to-ask-your-lawyer-before-you-litigate) [Top Ten Questions to Ask your Lawyer before you Litigate](https:///blog/litigation/top-ten-questions-to-ask-your-lawyer-before-you-litigate) Before retaining counsel for a litigation matter, you should ask these ten questions. [Read More](https:///blog/litigation/top-ten-questions-to-ask-your-lawyer-before-you-litigate) [![](https:///Cache/83b1cc03487d6547c05a1fa6534057c9-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law) [Seller Beware: Understanding the Obligations of a Seller of Residential Real Estate under Indiana Law](https:///blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law) By [Mark H. Bains](https:///our-people/mark-h-bains) Over the last several years, we have seen an increase in the amount of litigation initiated by buyers against sellers of residential real estate. [Read More](https:///blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law) [![](https:///Cache/10ac62de53f2136305837371743ed9cf-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2018) [Firm Attorneys Recognized in Indiana Super Lawyers Publication 2018](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2018) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2018. [Read More](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2018) [![](https:///Cache/60ccc8155ebcd4f3d854ed3746185d3f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/day-to-day-practices-to-promote-litigation-success) [Day-to-day Practices to Promote Litigation Success](https:///blog/litigation/day-to-day-practices-to-promote-litigation-success) By [Benjamin D. Ice](https:///our-people/benjamin-d-ice) Don’t lose your case before it’s even filed! Most people avoid litigation like the plague, and for good reason. Litigation can be expensive and risky. [Read More](https:///blog/litigation/day-to-day-practices-to-promote-litigation-success) [newer](https:///blog?Page=10) [1](https:///blog)⋯[9](https:///blog?Page=9)[10](https:///blog?Page=10)11[12](https:///blog?Page=12)[13](https:///blog?Page=13)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=12) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=12 #[Blog](https:///blog) [![](https:///Cache/2e5609d10e439b9742f804810297ad43-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/tax-cuts-and-jobs-act-of-2017-and-estate-planning) [Tax Cuts and Jobs Act of 2017 and Estate Planning](https:///blog/estate-planning-and-administration/tax-cuts-and-jobs-act-of-2017-and-estate-planning) On December 22, 2017, the President signed the Tax Cuts and Jobs Act of 2017 (the “Act”), which has a significant effect on federal tax laws. [Read More](https:///blog/estate-planning-and-administration/tax-cuts-and-jobs-act-of-2017-and-estate-planning) [![](https:///Cache/af16176bd511eae06cdf64a97cab9b95-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/financial-institutions/mortgagee-beware) [Mortgagee Beware](https:///blog/business-and-corporate-law/financial-institutions/mortgagee-beware) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) When information respecting a mortgage maturity date is missing from the documents on file with the county recorder’s office, the time a mortgagee can bring a foreclosure action on the mortgage can be greatly reduced. [Read More](https:///blog/business-and-corporate-law/financial-institutions/mortgagee-beware) [![](https:///Cache/02d1e04aa7ff469e152c252d6dd46d9c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/us-department-of-labor-clarifies-when-interns-working-at-for-profit-employers-are-subject-to-the-fair-labor-standards-act) [U.S. Department of Labor Clarifies when Interns Working at For-Profit Employers Are Subject to the Fair Labor Standards Act](https:///blog/labor-and-employment-law/us-department-of-labor-clarifies-when-interns-working-at-for-profit-employers-are-subject-to-the-fair-labor-standards-act) By [H. Joseph Cohen](https:///our-people/h-joseph-cohen) On December 19, 2017, the United States Court of Appeals for the Ninth Circuit became the fourth federal appellate court expressly to reject the U.S. DOL's six-part test for determining whether interns and students are employees under the Fair Labor Standards Act. [Read More](https:///blog/labor-and-employment-law/us-department-of-labor-clarifies-when-interns-working-at-for-profit-employers-are-subject-to-the-fair-labor-standards-act) [![](https:///Cache/1a09f565d6a86d3c6e8b9e280085c50d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/barrett-mcnagny-llp-listed-in-2018-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2018 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2018-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2018 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2018-best-law-firms-rankings) [![](https:///Cache/2ed5657641fdc49c69156e479e029914-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/common-estate-planning-questions) [Common Estate Planning Questions](https:///blog/estate-planning-and-administration/common-estate-planning-questions) By [Philip A. Wagler](https:///our-people/philip-a-wagler) Even though an estate plan is customized for each circumstance, there are questions that you should always consider with an estate planning attorney. [Read More](https:///blog/estate-planning-and-administration/common-estate-planning-questions) [![](https:///Cache/6f6a0a6c8cbe930489cf834e862ece6e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/health-care/the-health-care-peer-review-process) [​The Health Care Peer Review Process](https:///blog/health-care/the-health-care-peer-review-process) By [William A. Ramsey](https:///our-people/william-a-ramsey) Hospitals, physician groups, and medical offices of all sizes can (and should) use a peer review process to address and improve patient care. [Read More](https:///blog/health-care/the-health-care-peer-review-process) [![](https:///Cache/42db6c266026cf1f740da8130901e575-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/a-business-can-be-found-guilty-of-discrimination-even-when-the-same-person-who-hires-an-employee-fires-that-employee) [A Business Can Be Found Guilty of Discrimination Even When the Same Person Who Hires an Employee Fires that Employee](https:///blog/litigation/a-business-can-be-found-guilty-of-discrimination-even-when-the-same-person-who-hires-an-employee-fires-that-employee) When it comes to discrimination in the workplace, employers sometimes ask themselves, “How could a decision to fire an employee be biased when the same supervisor made the decision to hire the employee?” [Read More](https:///blog/litigation/a-business-can-be-found-guilty-of-discrimination-even-when-the-same-person-who-hires-an-employee-fires-that-employee) [![](https:///Cache/1f62c2e0ff2699ac55c54c2f671a19e4-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/new-i-9-form-effective-september-18-2017) [New I-9 Form Effective September 18, 2017](https:///blog/labor-and-employment-law/new-i-9-form-effective-september-18-2017) The U.S. Citizenship and Immigration Services (USCIS) is requiring the use of a new I-9 Form effective September 18, 2017. [Read More](https:///blog/labor-and-employment-law/new-i-9-form-effective-september-18-2017) [![](https:///Cache/1993341bea7cbd05f92a6589ab509a02-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/best-lawyers-in-america-recognizes-attorneys) [Best Lawyers® in America Recognizes Attorneys](https:///blog/news/best-lawyers-in-america-recognizes-attorneys) Barrett McNagny LLP is proud to announce that four firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2018 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/news/best-lawyers-in-america-recognizes-attorneys) [![](https:///Cache/d3bb8af9d5ea4f7ebace7a02bbe833c2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/thresholds-for-state-and-federal-employment-law-coverage) [Thresholds for State and Federal Employment Law Coverage](https:///blog/labor-and-employment-law/thresholds-for-state-and-federal-employment-law-coverage) Businesses must follow different state and federal employment laws based on the number of employees. This can be confusing, as different laws have different thresholds. [Read More](https:///blog/labor-and-employment-law/thresholds-for-state-and-federal-employment-law-coverage) [![](https:///Cache/ebaa75ae81039544073f272b037701da-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/impermissible-reaffirmation-or-new-guaranty) [Impermissible Reaffirmation Or New Guaranty?](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/impermissible-reaffirmation-or-new-guaranty) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) The sole shareholder (“Shareholder”) of the Borrower signs a personal guaranty for his Company’s loan. Due to circumstances unrelated to the Company, the Shareholder files for bankruptcy, eventually receiving a Chapter 7 discharge. [Read More](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/impermissible-reaffirmation-or-new-guaranty) [![](https:///Cache/64a20771cc457c2ba32f815a7c47c434-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/intellectual-property-law/what-is-a-patent) [What Is a Patent?](https:///blog/intellectual-property-law/what-is-a-patent) A patent is a “deal” between inventors and the federal government that protects the inventor from others from making, using or selling their invention. [Read More](https:///blog/intellectual-property-law/what-is-a-patent) [![](https:///Cache/b6181a9638758ae0341c2321054afaf4-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2018) [Attorneys Recognized in Best Lawyers® in America 2018](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2018) Barrett McNagny LLP is proud to announce that eighteen firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2018 in their respective practice areas. [Read More](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2018) [![](https:///Cache/4e946bac87817ef876d01a44218806a5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/kevin-fitzharris-becomes-a-registered-civil-mediator) [Kevin Fitzharris Becomes a Registered Civil Mediator](https:///blog/news/kevin-fitzharris-becomes-a-registered-civil-mediator) ​Barrett McNagny LLP is pleased to announce that K​evin K. Fitzharris, Esq. has become a registered civil mediator pursuant to the rules and regulations of the Indiana Commission for Continuing Legal Education. [Read More](https:///blog/news/kevin-fitzharris-becomes-a-registered-civil-mediator) [![](https:///Cache/fca52d3da7dfb90cc4b54fb3c7405ffc-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/business-and-corporate-law/securities/recent-changes-to-the-intrastate-exemption-for-sale-of-securities) [Recent Changes to the Intrastate Exemption for Sale of Securities](https:///blog/business-and-corporate-law/securities/recent-changes-to-the-intrastate-exemption-for-sale-of-securities) By [Justin T. Molitoris](https:///our-people/justin-t-molitoris) Securities are governed by a multi-layered framework of federal and state laws. When a security is sold, it must either be registered or be exempt from registration under federal and applicable state law. [Read More](https:///blog/business-and-corporate-law/securities/recent-changes-to-the-intrastate-exemption-for-sale-of-securities) [![](https:///Cache/0066c3f74e3c8e1bc630b3b8cbe53bd2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/the-legislature-should-increase-sanctions-related-to-qualified-settlement-offers) [The Legislature Should Increase Sanctions Related to Qualified Settlement Offers](https:///blog/litigation/the-legislature-should-increase-sanctions-related-to-qualified-settlement-offers) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) In Indiana, courts prefer parties to reach settlement resolutions instead of taking cases to trial. Doing so helps parties reduce litigation costs and increases efficiency in the courts by reducing the number of cases pending in the court system. [Read More](https:///blog/litigation/the-legislature-should-increase-sanctions-related-to-qualified-settlement-offers) [![](https:///Cache/145898ed797713139c3983362725650f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/what-to-do-if-your-company-is-sued) [What to Do if Your Company Is Sued](https:///blog/litigation/what-to-do-if-your-company-is-sued) By [William A. Ramsey](https:///our-people/william-a-ramsey) Your company, a business built through the labor and ingenuity of you and others, has been sued. You probably learned of the lawsuit when you received a Summons and Complaint. Do you know what to do next? [Read More](https:///blog/litigation/what-to-do-if-your-company-is-sued) [![](https:///Cache/84ea4a7cad1624180ff397151ba0a969-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/a-prerequisite-to-obtaining-real-estate-through-adverse-possession) [A Prerequisite to Obtaining Real Estate Through Adverse Possession](https:///blog/real-estate/a-prerequisite-to-obtaining-real-estate-through-adverse-possession) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) Indiana Code § 32-21-7-1 provides a party claiming title through adverse possession must demonstrate that he or she paid taxes on the disputed land. [Read More](https:///blog/real-estate/a-prerequisite-to-obtaining-real-estate-through-adverse-possession) [![](https:///Cache/7259b34b9a19e6f0cd764b2202bbf831-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/steel-dynamics-featured-in-boss-magazine) [Steel Dynamics featured in BOSS Magazine](https:///blog/news/steel-dynamics-featured-in-boss-magazine) Congratulations to Steel Dynamics, Inc. for being featured in the June issue of BOSS Magazine, a national digital magazine that features industry-leading businesses and their leaders. [Read More](https:///blog/news/steel-dynamics-featured-in-boss-magazine) [![](https:///Cache/258206963c9720971d469d7cf2a257aa-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/niezer-participates-in-intercity-visit-to-durham) [Niezer Participates in Inter-City Visit to Durham](https:///blog/news/niezer-participates-in-intercity-visit-to-durham) Tom Niezer participated in an Inter-City visit to Durham, North Carolina hosted by Greater Fort Wayne Inc. The tour included visiting a historic tobacco warehouse project which is similar to Fort Wayne's GE Campus redevelopment. The warehouse now boasts small businesses and urban housing options. [Read More](https:///blog/news/niezer-participates-in-intercity-visit-to-durham) [newer](https:///blog?Page=11) [1](https:///blog)⋯[10](https:///blog?Page=10)[11](https:///blog?Page=11)12[13](https:///blog?Page=13)[14](https:///blog?Page=14)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=13) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=13 #[Blog](https:///blog) [![](https:///Cache/6a02b2c5fc4dbaf0a5989063436bcb64-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/shrader-listed-in-the-best-lawyers-business-edition) [Shrader listed in The Best Lawyers Business Edition](https:///blog/news/shrader-listed-in-the-best-lawyers-business-edition) Cathleen M. Shrader was listed in The Best Lawyers Business Edition® Spring 2017 Women in the Law publication in the areas of Appellate Practice and Commercial Litigation. [Read More](https:///blog/news/shrader-listed-in-the-best-lawyers-business-edition) [![](https:///Cache/55b85b0f0b11599a8bb062ff99de1058-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/7th-circuit-title-vii-prohibits-discrimination-based-on-sexual-orientation) [7th Circuit: Title VII Prohibits Discrimination Based on “Sexual Orientation”](https:///blog/labor-and-employment-law/7th-circuit-title-vii-prohibits-discrimination-based-on-sexual-orientation) By [James J. O'Connor](https:///our-people/james-j-oconnor) April 5, 2017 - In a landmark decision almost certainly headed to the United States Supreme Court, the United States Court of Appeals for the Seventh Circuit en banc [Read More](https:///blog/labor-and-employment-law/7th-circuit-title-vii-prohibits-discrimination-based-on-sexual-orientation) [![](https:///Cache/63d7035eb807dcb697a1ead4acb4b15a-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/news/risks-associated-with-telephonic-and-electronic-advice) [Risks Associated with Telephonic and Electronic Advice](https:///blog/news/risks-associated-with-telephonic-and-electronic-advice) William Ramsey authors article titled "Risks Associated with Telephonic and Electronic Advice" for Greater Fort Wayne Business Weekly. [Read More](https:///blog/news/risks-associated-with-telephonic-and-electronic-advice) [![](https:///Cache/b39c42b47807f4f688bb57928990c274-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2017) [Firm Attorneys Recognized in Indiana Super Lawyers Publication 2017](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2017) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2017. [Read More](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2017) [![](https:///Cache/9df32b8197e9de587306ed72e5a0a1fc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/health-care/the-risks-associated-doctors-crossing-borders) [The Risks Associated Doctors Crossing Borders](https:///blog/health-care/the-risks-associated-doctors-crossing-borders) By [William A. Ramsey](https:///our-people/william-a-ramsey) The practice of providing medical advice over the phone, internet, or other electronic means can allow physicians to respond to these wishes and provide efficient and cost-effective benefits to patients. [Read More](https:///blog/health-care/the-risks-associated-doctors-crossing-borders) [![](https:///Cache/34573ab09b8e519b8ad9aab543faf73e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/new-i9-forms-required) [New I-9 Forms Required](https:///blog/labor-and-employment-law/new-i9-forms-required) The Department of Homeland Security has mandated the use of new I-9 forms starting January 22, 2017. [Read More](https:///blog/labor-and-employment-law/new-i9-forms-required) [![](https:///Cache/1c044f7b91ff6fa0d985d63f1d25d84d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/executive-committee-announced) [Executive Committee Announced](https:///blog/news/executive-committee-announced) Barrett McNagny LLP is pleased to announce that Michael P. O’Hara has been elected to serve as Chairman of the firm’s Executive Committee for 2017. Also serving on the firm’s Executive Committee during 2017 will be Trisha J. Paul, Anthony M. Stites, Samuel J. Talarico, Jr., and Jeffrey M. Woenker. [Read More](https:///blog/news/executive-committee-announced) [![](https:///Cache/9fc30986ee6112992ed6d383f307dc75-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fort-wayne-sister-cities-interviewed-on-pbs-39) [Fort Wayne Sister Cities Interviewed on PBS 39](https:///blog/news/fort-wayne-sister-cities-interviewed-on-pbs-39) Howard Chapman and Tom Herr were interviewed on PBS 39 about their involvement with Fort Wayne Sister Cities International and its importance in the Fort Wayne and northeast Indiana area. [Read More](https:///blog/news/fort-wayne-sister-cities-interviewed-on-pbs-39) [![](https:///Cache/35fb3f037a0830312c5d07bd1548258a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/overtime-rule-stayed-by-judge-in-texas) [Overtime Rule Stayed by Judge in Texas](https:///blog/labor-and-employment-law/overtime-rule-stayed-by-judge-in-texas) By [Anthony M. Stites](https:///our-people/anthony-m-stites) On November 22, 2016, a Texas federal judge issued an Order that blocks nationwide the new Fair Labor Standards Act salary requirements for overtime and minimum wage exemptions based on executive, administrative, or professional capacity. [Read More](https:///blog/labor-and-employment-law/overtime-rule-stayed-by-judge-in-texas) [![](https:///Cache/51f8361e7581e0b7d059871328b84cad-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/barrett-mcnagny-listed-in-2017-best-law-firms-rankings) [Barrett McNagny Listed in 2017 "Best Law Firms" Rankings](https:///blog/news/barrett-mcnagny-listed-in-2017-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2017 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-listed-in-2017-best-law-firms-rankings) [![](https:///Cache/5052bf8b2e92328962502408992344dd-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/supreme-court-issues-decision-in-patchett-v-lee) [Supreme Court Issues Decision in Patchett v. Lee](https:///blog/appellate-law/supreme-court-issues-decision-in-patchett-v-lee) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Indiana Supreme Court holds that evidence of write-offs and reductions to medical bills is admissible in personal injury cases regardless of whether the plaintiff’s bills were paid by a government program or a private insurance company. [Read More](https:///blog/appellate-law/supreme-court-issues-decision-in-patchett-v-lee) [![](https:///Cache/cda5324293b6e634a4fffc62143b828e-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/news/how-to-use-the-region-as-a-recruiting-tool-article) ["How to Use the Region as a Recruiting Tool" Article](https:///blog/news/how-to-use-the-region-as-a-recruiting-tool-article) By [William A. Ramsey](https:///our-people/william-a-ramsey) William Ramsey authors a post for the Northeast Indiana Regional Partnership Vision 2020 blog titled “How to Use the Region as a Recruiting Tool.” [Read More](https:///blog/news/how-to-use-the-region-as-a-recruiting-tool-article) [![](https:///Cache/141e29669547a016e12de8c134371a3b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/golden-career-recognition-for-walters) [Golden Career Recognition for Walters](https:///blog/news/golden-career-recognition-for-walters) Congratulations to Robert Walters for his Golden Career Recognition at the Allen County Bar Association’s Annual Meeting on September 29, 2016. [Read More](https:///blog/news/golden-career-recognition-for-walters) [![](https:///Cache/70f9cd026186875f6200b0beb53d0ad2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [Attorneys Recognized as "Lawyers of the Year" in Best Lawyers® in America](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that three firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2017 as "Lawyer of the Year" in their respective practice areas. [Read More](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [![](https:///Cache/34f13dacab23e0a43a253bdbaddd3743-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/litigation/no-pay-no-play-statutes) ["No Pay, No Play" Statutes](https:///blog/litigation/no-pay-no-play-statutes) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) "No pay, no play" statutes allow insurance companies to avoid paying certain non-economic damages to repeat uninsured motorists injured in a motor vehicle accident. [Read More](https:///blog/litigation/no-pay-no-play-statutes) [![](https:///Cache/0500aefcbe2583d1ad4f92f890635ca7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america) [Attorneys Recognized in Best Lawyers® in America](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce the following firm attorneys who were selected by their peers for inclusion in The Best Lawyers in America® 2017 in their respective practice areas. [Read More](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america) [![](https:///Cache/06ae63824e260e4308fa78a317db8df6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/chapter-13-bankruptcy) [Chapter 13 Bankruptcy](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/chapter-13-bankruptcy) The Seventh Circuit Court of Appeals held, as a matter of first impression, that a secured creditor must file a proof of claim in a Chapter 13 bankruptcy no later than the deadline set by Bankruptcy Rule 3002(c) in order to be paid pursuant to a debtor's chapter 13 plan. [Read More](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/chapter-13-bankruptcy) [![](https:///Cache/6456c37ae0a9ce1b840e748dfaad415f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/medical-malpractice/medical-malpractice-act-amended) [Medical Malpractice Act Amended](https:///blog/litigation/medical-malpractice/medical-malpractice-act-amended) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Indiana legislature amended the Medical Malpractice Act ("MMA") to increase the statutory limit on damages that a plaintiff may recover in a medical malpractice case. [Read More](https:///blog/litigation/medical-malpractice/medical-malpractice-act-amended) [![](https:///Cache/b901c2013e8ef4993bd34db3228423d0-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/supreme-court-finds-divorced-parents-not-required-to-pay-for-childrens-postgraduate-education-expenses) [​Supreme Court Finds Divorced Parents Not Required to Pay for Children’s Postgraduate Education Expenses](https:///blog/appellate-law/supreme-court-finds-divorced-parents-not-required-to-pay-for-childrens-postgraduate-education-expenses) By [William A. Ramsey](https:///our-people/william-a-ramsey) On June 1, 2016, the Supreme Court decided an issue of first impression and significant importance in the area of family law. [Read More](https:///blog/appellate-law/supreme-court-finds-divorced-parents-not-required-to-pay-for-childrens-postgraduate-education-expenses) [![](https:///Cache/029601346dac570a47ac09e42da307e6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/defend-trade-secrets-act-of-2016) [Defend Trade Secrets Act of 2016](https:///blog/labor-and-employment-law/defend-trade-secrets-act-of-2016) In late April, the United States Congress passed the Defend Trade Secrets Act of 2016 (DTSA). The DTSA became effective on May 11, 2016, the date President Obama signed the act into law and applies to any trade secret misappropriation that occurs on or after that date. [Read More](https:///blog/labor-and-employment-law/defend-trade-secrets-act-of-2016) [newer](https:///blog?Page=12) [1](https:///blog)⋯[11](https:///blog?Page=11)[12](https:///blog?Page=12)13[14](https:///blog?Page=14)[15](https:///blog?Page=15)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=14) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=14 #[Blog](https:///blog) [![](https:///Cache/59b0d658df1e3d8a5997db2852466470-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/labor-and-employment-law/family-medical-leave-act-poster-and-employer-guide) [Family Medical Leave Act Poster and Employer Guide](https:///blog/labor-and-employment-law/family-medical-leave-act-poster-and-employer-guide) The Department of Labor recently released an updated poster and a new Employer's Guide about the Family and Medical Leave Act. [Read More](https:///blog/labor-and-employment-law/family-medical-leave-act-poster-and-employer-guide) [![](https:///Cache/e6aa36464ed3788b174cf7eb8234bb7a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/health-care/phase-2-of-hipaa-audit-program-launches) [Phase 2 of HIPAA Audit Program Launches](https:///blog/health-care/phase-2-of-hipaa-audit-program-launches) Release from the Office for Civil Rights (OCR) regarding the 2016 Phase 2 HIPAA Audit Program. [Read More](https:///blog/health-care/phase-2-of-hipaa-audit-program-launches) [![](https:///Cache/4c6406b78580f226ed49006f1da2e81d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/connecticut-federal-district-court-holds-discrimination-on-the-basis-of-transgender-identity-is-prohibited-by-title-vii) [Connecticut Federal District Court Holds Discrimination on the Basis of Transgender Identity Is Prohibited by Title VII.](https:///blog/labor-and-employment-law/connecticut-federal-district-court-holds-discrimination-on-the-basis-of-transgender-identity-is-prohibited-by-title-vii) By [Anthony M. Stites](https:///our-people/anthony-m-stites) Article about a federal district court in Connecticut holding that an employer discriminating on the basis of an individual's transgender identity would violate Title VII. [Read More](https:///blog/labor-and-employment-law/connecticut-federal-district-court-holds-discrimination-on-the-basis-of-transgender-identity-is-prohibited-by-title-vii) [![](https:///Cache/971728ce2aa17a9d2a3338fc13eabcba-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2016) [Firm Attorneys Recognized in Indiana Super Lawyers Publication 2016](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2016) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2016. [Read More](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2016) [![](https:///Cache/a9316146371737abb39849a9b87cab12-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/masters-v-masters-ne-3d-2015-wl-6107845-ind-oct-16-2015) [Masters v. Masters, ---N.E. 3d---,2015 WL 6107845 (Ind. Oct. 16, 2015)*](https:///blog/appellate-law/masters-v-masters-ne-3d-2015-wl-6107845-ind-oct-16-2015) By [William A. Ramsey](https:///our-people/william-a-ramsey) In Masters, the Indiana Supreme Court vacated the decision of the Indiana Court of Appeals, Masters v. Masters, 20 N.E.3d 158 (Ind. Ct. App. 2014), trans. granted, and reinstated an award of attorney’s fees awarded to the Mother in a proceeding under the Family Law Arbitration Act (“FLAA”). [Read More](https:///blog/appellate-law/masters-v-masters-ne-3d-2015-wl-6107845-ind-oct-16-2015) [![](https:///Cache/47fe24ae2158e70af7a770898d631792-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/cleveland-range-llc-vs-lincoln-fort-wayne-associates-llc) [Cleveland Range, LLC vs. Lincoln Fort Wayne Associates, LLC](https:///blog/appellate-law/cleveland-range-llc-vs-lincoln-fort-wayne-associates-llc) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Indiana Supreme Court recently denied transfer in the matter of Cleveland Range, LLC v. Lincoln Fort Wayne Associates, LLC, No. 2A05–1503–PL–96, ___ N.E.3d ___ , 2015 WL 5172888 (Ind. Ct. App. Sept. 4, 2015)[1] thereby leaving the Court of Appeals’ decision in place. [Read More](https:///blog/appellate-law/cleveland-range-llc-vs-lincoln-fort-wayne-associates-llc) [![](https:///Cache/5107c0f49d1bbc31b2ac46d7bd97f790-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/employers-getting-pushed-for-1095s-despite-deadline-extension) [Employers Getting Pushed for 1095s Despite Deadline Extension](https:///blog/labor-and-employment-law/employee-benefits/employers-getting-pushed-for-1095s-despite-deadline-extension) On December 28, 2015, the IRS pushed back the date employers must distribute the Form 1095, which was originally due when the Form W-2 was due. Employers now have until March 31, 2016, to send 1095 forms to employees notifying them of their health care coverage for 2015. [Read More](https:///blog/labor-and-employment-law/employee-benefits/employers-getting-pushed-for-1095s-despite-deadline-extension) [![](https:///Cache/3b22506629dafc9925e70c3a83dee590-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/labor-and-employment-law/indiana-protective-order-law-amended) [Indiana Protective Order Law Amended](https:///blog/labor-and-employment-law/indiana-protective-order-law-amended) By [Anthony M. Stites](https:///our-people/anthony-m-stites) A little-noticed bill signed into law on May 5, 2015, provides new protections in the workplace for victims of domestic violence. [Read More](https:///blog/labor-and-employment-law/indiana-protective-order-law-amended) [![](https:///Cache/7b8c1078e878cdfa7d18a995ed339384-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/labor-and-employment-law/employee-benefits/affordable-care-act-cadillac-tax-delayed) [Affordable Care Act "Cadillac Tax" Delayed](https:///blog/labor-and-employment-law/employee-benefits/affordable-care-act-cadillac-tax-delayed) The Affordable Care Act "Cadillac Tax" delayed for two years. [Read More](https:///blog/labor-and-employment-law/employee-benefits/affordable-care-act-cadillac-tax-delayed) [![](https:///Cache/6ae661568a5a88f9f8ff60c2b9d30364-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/indiana-veterans-preference-law) [Indiana Veteran's Preference Law](https:///blog/labor-and-employment-law/indiana-veterans-preference-law) By [Anthony M. Stites](https:///our-people/anthony-m-stites) Effective July 1, 2015: Private employers in Indiana are now allowed to implement a Veterans' preference employment policy providing preference to covered Veterans over other qualified applicants or employees when it comes to hiring, promotion, and/or retention during a reduction in workforce. [Read More](https:///blog/labor-and-employment-law/indiana-veterans-preference-law) [![](https:///Cache/a522ca25ab45e5ea709800198067a851-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/notre-dame-club-of-fort-wayne-recognizes-anthony-stites-and-erika-dekko-as-a-persons-of-the-year) [Notre Dame Club of Fort Wayne Recognizes Anthony Stites and Erika Dekko as a Persons of the Year](https:///blog/news/notre-dame-club-of-fort-wayne-recognizes-anthony-stites-and-erika-dekko-as-a-persons-of-the-year) Notre Dame Club of Fort Wayne Recognizes Anthony Stites and Erika Dekko as a Persons of the YearThe Notre Dame Club of Fort Wayne/Northeast Indiana has awarded [Read More](https:///blog/news/notre-dame-club-of-fort-wayne-recognizes-anthony-stites-and-erika-dekko-as-a-persons-of-the-year) [![](https:///Cache/cd1a0cbd28f16fbb0df2f8c0f0fe262f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/barrett-mcnagny-llp-listed-in-2016-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2016 "Best Law Firms" Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2016-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2016 "Best Law Firms" rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2016-best-law-firms-rankings) [![](https:///Cache/9421006db24e1b99ed312fe6a6e624d1-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/litigation/article-on-contractual-liability-exclusions) [Article on contractual liability exclusions](https:///blog/litigation/article-on-contractual-liability-exclusions) By [William A. Ramsey](https:///our-people/william-a-ramsey) William Ramsey authors article for The Indiana Lawyer titled "DTCI: Indiana adopts the majority view on contractual liability exclusions." [Read More](https:///blog/litigation/article-on-contractual-liability-exclusions) [![](https:///Cache/949d78125cb77c7b2a242be2e3ea4176-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/interlocutory-appeals-ball-state-v-irons-and-ferguson-v-estate-of-ferguson) [​Interlocutory Appeals: Ball State v. Irons and Ferguson v. Estate of Ferguson](https:///blog/appellate-law/interlocutory-appeals-ball-state-v-irons-and-ferguson-v-estate-of-ferguson) By [William A. Ramsey](https:///our-people/william-a-ramsey) In Ball State University v. Irons, 27 N.E.3d 717 (Ind. 2015), the Indiana Supreme Court held that the appellant, Ball State University was entitled to take an interlocutory appeal of an order compelling the university to release a student transcript. [Read More](https:///blog/appellate-law/interlocutory-appeals-ball-state-v-irons-and-ferguson-v-estate-of-ferguson) [](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [Attorneys Recognized as "Lawyers of the Year" in Best Lawyers® in America](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) Robert S. Walters and Robert T. Keen were recognized as "Lawyers of the Year" in Best Lawyers® in America. [Read More](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [![](https:///Cache/51e0f3ae217eaf4f7a0fc86a5c8ede48-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/untimely-notices-of-appeal-in-re-adoption-of-or-one-year-later) [Untimely Notices of Appeal: In re Adoption of O.R. one year later](https:///blog/appellate-law/untimely-notices-of-appeal-in-re-adoption-of-or-one-year-later) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Indiana Supreme Court’s decision in In re Adoption of O.R., 16 N.E.3d 965 (Ind. 2014) [Read More](https:///blog/appellate-law/untimely-notices-of-appeal-in-re-adoption-of-or-one-year-later) [![](https:///Cache/485c01b5b8faed3271f4f6ff5338f134-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/real-estate/educational-purposes-real-property-tax-exemption) [Educational Purposes Real Property Tax Exemption](https:///blog/real-estate/educational-purposes-real-property-tax-exemption) By [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen) On April 1, 2015, the Indiana Tax Court affirmed the conclusion of the Indiana Board of Tax Review finding that an early learning center qualified for an educational purposes real property tax exemption. [Read More](https:///blog/real-estate/educational-purposes-real-property-tax-exemption) [![](https:///Cache/358fa0325b64b3a6d0a4478eadc59e0b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/custody-jurisdiction-barwick-v-ceruti-31-ne3d-1008-ind-ct-app-2015) [Custody Jurisdiction: Barwick v. Ceruti, 31 N.E.3d 1008 (Ind. Ct. App. 2015)](https:///blog/appellate-law/custody-jurisdiction-barwick-v-ceruti-31-ne3d-1008-ind-ct-app-2015) By [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen) In Barwick, the Court of Appeals addressed whether an Indiana trial court had jurisdiction over a child custody proceeding that awarded custody to Father when a concurrent custody proceeding was pending in Canada. [Read More](https:///blog/appellate-law/custody-jurisdiction-barwick-v-ceruti-31-ne3d-1008-ind-ct-app-2015) [![](https:///Cache/1f26b60872bdb2f04234cb812fb88ec9-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/labor-and-employment-law/the-national-labor-relations-board-issues-decision-redefining-joint-employers) [The National Labor Relations Board Issues Decision Redefining Joint-Employers](https:///blog/labor-and-employment-law/the-national-labor-relations-board-issues-decision-redefining-joint-employers) On August 27, 2015, the National Labor Relations Board issued its decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186, which significantly broadened the definition of "joint employer". [Read More](https:///blog/labor-and-employment-law/the-national-labor-relations-board-issues-decision-redefining-joint-employers) [![](https:///Cache/a63a5c893d5e26d8448f6aa38603a781-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2016) [Attorneys Recognized in Best Lawyers® in America 2016](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2016) Barrett McNagny LLP is proud to announce that 18 firm attorneys have been selected by their peers for inclusion in Best Lawyers in America® 2016. [Read More](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2016) [newer](https:///blog?Page=13) [1](https:///blog)⋯[12](https:///blog?Page=12)[13](https:///blog?Page=13)14[15](https:///blog?Page=15)[16](https:///blog?Page=16)⋯[18](https:///blog?Page=18) [older](https:///blog?Page=15) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=15 #[Blog](https:///blog) [![](https:///Cache/f32fcf986cf0215ec8693bb49b661a23-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/supreme-court-decision-on-the-fundamental-right-to-marry-by-same-sex-couples-what-does-this-mean-for-an-employer) [Supreme Court decision on the fundamental right to marry by same-sex couples: What does this mean for an employer?](https:///blog/labor-and-employment-law/supreme-court-decision-on-the-fundamental-right-to-marry-by-same-sex-couples-what-does-this-mean-for-an-employer) The Supreme Court's decision in Obergefell vs. Hodges, could have far-reaching implications for employers who have operated under various federal and state laws that regulate the legal and tax treatment for same-sex unions. [Read More](https:///blog/labor-and-employment-law/supreme-court-decision-on-the-fundamental-right-to-marry-by-same-sex-couples-what-does-this-mean-for-an-employer) [![](https:///Cache/1d32e13d5afc37434fdc08b8aafc9388-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/barrett-mcnagny-announces-logo-change) [Barrett McNagny Announces Logo Change](https:///blog/news/barrett-mcnagny-announces-logo-change) Barrett McNagny is pleased to announce a "refresh" of the firm's identity. The "refresh" includes an updated name, a new logo and a redesigned website. "Our [Read More](https:///blog/news/barrett-mcnagny-announces-logo-change) [![](https:///Cache/ea7fa359cf529afe6c4ef621fc564535-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/court-issues-decision-clarifying-reasonableness-of-expert-witness-fees) [Court Issues Decision Clarifying Reasonableness of Expert Witness Fees](https:///blog/appellate-law/court-issues-decision-clarifying-reasonableness-of-expert-witness-fees) By [William A. Ramsey](https:///our-people/william-a-ramsey) For many types of litigation, parties will need an expert or experts to either meet their burden of proof or to respond to an opposing party's claims and evidence. [Read More](https:///blog/appellate-law/court-issues-decision-clarifying-reasonableness-of-expert-witness-fees) [![](https:///Cache/f601d84ae25e871faf0570121e546920-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2015) [Firm Attorneys Recognized in Indiana Super Lawyers Publication 2015](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2015) Barrett McNagny is proud to announce its listing in Indiana Super Lawyers for 2015. [Read More](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2015) [![](https:///Cache/7d5586f1d0da63cede98c66d3b45e282-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) ["Loss of Chance: A Historical Overview and Analysis of the Doctrine's Current State"](https:///blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) By [William A. Ramsey](https:///our-people/william-a-ramsey) William Ramsey authors article for the Defense Trial Counsel of Indiana that was published in the Indiana Civil Litigation Review. [Read More](https:///blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) [![](https:///Cache/2fb0fc9d409b4d10d6284d2bf2319c15-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice-act) [Medical Malpractice Act](https:///blog/appellate-law/medical-malpractice-act) By [William A. Ramsey](https:///our-people/william-a-ramsey) In this medical malpractice case, the Supreme Court addressed two issues: 1) the Medical Malpractice Act’s statute of limitations, and 2) the application of the Medical Malpractice Act to claims against a healthcare provider brought by someone who was not a patient of the healthcare provider. [Read More](https:///blog/appellate-law/medical-malpractice-act) [![](https:///Cache/84844503006d86f7725f6ba2079a4d67-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/visitation-rights) [Visitation Rights](https:///blog/appellate-law/visitation-rights) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​In Re the Guardianship of A.J.A. and L.M.A., Minor Children (Ind. July 18, 2013) In this case, the Supreme Court addressed the Indiana statute allowing, under certain circumstances, grandparents to have visitation rights. [Read More](https:///blog/appellate-law/visitation-rights) [![](https:///Cache/5316b2943b07cfd08a3d02f77d318465-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/constitutional-law) [Constitutional Law](https:///blog/appellate-law/constitutional-law) By [Benjamin D. Ice](https:///our-people/benjamin-d-ice) Reading and watching the news for the last few days has made it clear that the United States Supreme Court's recently issued "Rainbow Rulings", which dealt with different facets of gay rights and marriage, are two of the least-understood opinions in memory. [Read More](https:///blog/appellate-law/constitutional-law) [![](https:///Cache/ab0d46eebada19538d006d2784e8529a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/pretrial-procedure) [Pretrial Procedure](https:///blog/appellate-law/pretrial-procedure) By [William A. Ramsey](https:///our-people/william-a-ramsey) Wright v. Miller (Ind. June 21, 2013) In this case, the Supreme Court reversed the Trial Court’s exclusion of a plaintiff’s expert witness and dismissal of the plaintiff’s case for repeatedly failing to comply with the Trial Court’s case management order and deadlines. [Read More](https:///blog/appellate-law/pretrial-procedure) [![](https:///Cache/aa533f49ebb1224c7a4b2d433137d275-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice-claim) [Medical Malpractice Claim](https:///blog/appellate-law/medical-malpractice-claim) By [William A. Ramsey](https:///our-people/william-a-ramsey) In this case, the Court of Appeals reversed the dismissal of a medical malpractice claim, finding that the trial court abused its discretion. [Read More](https:///blog/appellate-law/medical-malpractice-claim) [![](https:///Cache/a32b2c375d878acdd64180c88f5e304c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/criminal-law) [Criminal Law](https:///blog/appellate-law/criminal-law) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Alexander v. State (Ind. Ct. App. May 10, 2013) In this case, the Indiana Court of Appeals dismissed a criminal appeal on the grounds that the Court of Appeals lacked jurisdiction because the order that the Defendant was attempting to appeal was not a final order. [Read More](https:///blog/appellate-law/criminal-law) [![](https:///Cache/bc2e3c8330d0ad5d1ad76ef22fe8a280-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice-complaint-filed-with-the-indiana-department-of-insurance) [Medical Malpractice Complaint Filed with the Indiana Department of Insurance](https:///blog/appellate-law/medical-malpractice-complaint-filed-with-the-indiana-department-of-insurance) In this medical malpractice case, the Indiana Court of Appeals decided, as an issue of first impression, that a proposed complaint for medical malpractice is not considered filed with the Indiana Department of Insurance on the day it is mailed if it sent by a third-party private carrier. [Read More](https:///blog/appellate-law/medical-malpractice-complaint-filed-with-the-indiana-department-of-insurance) [![](https:///Cache/cdcbbba6a5ae789c23ac769d700fc679-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/family-law-contribution-to-childs-college-education) [Family Law: Contribution to Child's College Education](https:///blog/appellate-law/family-law-contribution-to-childs-college-education) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Lovold v. Ellis (Ind. Ct. App. April 26, 2013) In this decision, the Indiana Court of Appeals addressed several issues, including the often-litigated and disputed obligation of a non-custodial parent to contribute to the cost of a child’s college education. [Read More](https:///blog/appellate-law/family-law-contribution-to-childs-college-education) [![](https:///Cache/0eea0e9737e40c641b1f32edd138be6d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/products-liability-case-providing-analysis-of-personal-jurisdiction) [Products Liability Case Providing Analysis of Personal Jurisdiction](https:///blog/appellate-law/products-liability-case-providing-analysis-of-personal-jurisdiction) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Sebring v. Air Equipment & Engineering, Inc. (April 4, 2013) In this products liability case, the Court of Appeals gave a comprehensive analysis of personal jurisdiction. [Read More](https:///blog/appellate-law/products-liability-case-providing-analysis-of-personal-jurisdiction) [![](https:///Cache/1f6439137d912513922d289847eac20c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/employment-law) [Employment Law](https:///blog/appellate-law/employment-law) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Walczak v. Labor Works – Fort Wayne, LLC (Ind. March 13, 2013) In this decision, the Supreme Court addressed some uncertainty that existed regarding the Wage Payment Act and the Wage Claims Act. [Read More](https:///blog/appellate-law/employment-law) [![](https:///Cache/a6af6ef3f12851a58b5a29746f8e18a7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/family-law-grandparents-rights) [Family Law: Grandparents' Rights](https:///blog/appellate-law/family-law-grandparents-rights) By [William A. Ramsey](https:///our-people/william-a-ramsey) In re Visitation of M.L.B. (Ind. March 7, 2013) In this opinion, the Supreme Court addressed the tension that often arises between grandparents’ rights to see their grandchildren and parents’ rights regarding their children. [Read More](https:///blog/appellate-law/family-law-grandparents-rights) [![](https:///Cache/50aa572c5690724196a7576189f3d5a6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/subject-matter-jurisdiction-to-hear-labor-disputes) [Subject Matter Jurisdiction to Hear Labor Disputes](https:///blog/appellate-law/subject-matter-jurisdiction-to-hear-labor-disputes) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Walczak v. Labor Works-Fort Wayne, LLC (Ind. Ct. App. March 5, 2012) This case involved a claim for unpaid wages filed by an employee against a temp agency. [Read More](https:///blog/appellate-law/subject-matter-jurisdiction-to-hear-labor-disputes) [![](https:///Cache/646509f657ae5935a83db675b9aebe93-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/family-law-turner-v-turner) [Family Law: Turner v. Turner](https:///blog/appellate-law/family-law-turner-v-turner) ​Turner v. Turner (Ind. Ct. App. Feb. 28, 2013) On July 1, 2012, the legislature amended Indiana Code § 31-16-6-6 by changing the presumptive age for termination of child support from twenty-one to nineteen. In this case, the Court of Appeals addressed the effect of the amended statute on child support orders entered before the amendment. [Read More](https:///blog/appellate-law/family-law-turner-v-turner) [![](https:///Cache/b4c0ba0998fbb9022e730bb8279904d7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/premises-liability) [Premises Liability](https:///blog/appellate-law/premises-liability) By [William A. Ramsey](https:///our-people/william-a-ramsey) South Shore Baseball, LLC v. DeJesus (Ind. Ct. App. Feb. 15, 2013) The Indiana Court of Appeals has issued a decision that significantly affect claims involving injuries to spectators at baseball games or other sporting events. [Read More](https:///blog/appellate-law/premises-liability) [![](https:///Cache/47a690405ebc590e6a650b310e18a449-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/appeals-in-the-news-early-january) [Appeals in the News- early January](https:///blog/appellate-law/appeals-in-the-news-early-january) By [William A. Ramsey](https:///our-people/william-a-ramsey) It has been a busy start to 2013 for appeals in the news. [Read More](https:///blog/appellate-law/appeals-in-the-news-early-january) [newer](https:///blog?Page=14) [1](https:///blog)⋯[13](https:///blog?Page=13)[14](https:///blog?Page=14)15[16](https:///blog?Page=16)[17](https:///blog?Page=17)[18](https:///blog?Page=18) [older](https:///blog?Page=16) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=16 #[Blog](https:///blog) [![](https:///Cache/6f8af397a44f99eff26576a43b482e06-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/tort-prejudgment-interest-statutes) [Tort Prejudgment Interest Statutes](https:///blog/appellate-law/tort-prejudgment-interest-statutes) By [William A. Ramsey](https:///our-people/william-a-ramsey) On December 12, 2012, the Supreme Court handed down four decisions interpreting the Tort Prejudgment Interest Statutes (TPIS), Kosarko v. Padula; Inman v. State Farm Mutual Automobile Insurance Company; Alsheik v. Guerrero; and Wisner v. Laney. [Read More](https:///blog/appellate-law/tort-prejudgment-interest-statutes) [![](https:///Cache/a11a9165cbf7704fe5c192f090e1de21-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/child-custody) [Child Custody](https:///blog/appellate-law/child-custody) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​D.C. v. J.A.C. (Ind. Nov. 13, 2012) In this child-custody dispute, the Indiana Supreme Court affirmed the trial court’s decision to modify custody in favor of the father and prevent the mother from moving out of state with the child. [Read More](https:///blog/appellate-law/child-custody) [![](https:///Cache/328f1d58ce7e8d39dbad0ca085ea6a58-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/workers-compensation-law-amerisafe-risk-services-inc-v-estate-of-wadsack) [Worker's Compensation Law: Amerisafe Risk Services, Inc. v. Estate of Wadsack](https:///blog/appellate-law/workers-compensation-law-amerisafe-risk-services-inc-v-estate-of-wadsack) ​Amerisafe Risk Services, Inc. v. Estate of Wadsack (Ind. Ct. App. Nov. 9, 2012) In this case, the Court of Appeals held that a party bringing against a worker’s compensation insurer and claims handler must first bring the claim before the Worker’s Compensation Board before proceeding in state court. [Read More](https:///blog/appellate-law/workers-compensation-law-amerisafe-risk-services-inc-v-estate-of-wadsack) [![](https:///Cache/0a8f8fc3ea2c3e969d5f172eae04fe66-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/appellate-procedure) [Appellate Procedure](https:///blog/appellate-law/appellate-procedure) By [William A. Ramsey](https:///our-people/william-a-ramsey) State v. Holtsclaw (Ind. November 5, 2012) In this case, the Indiana Supreme Court held that Appellate Rule 9, which tolls the thirty-day deadline for filing a notice of appeal when a party files a motion to correct error, applies not only in civil cases but also to the State in a criminal case. [Read More](https:///blog/appellate-law/appellate-procedure) [![](https:///Cache/38df340b7c57a5ad4b8020362be371fe-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/protective-orders) [Protective Orders](https:///blog/appellate-law/protective-orders) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​A.G. v. P.G. (Ind. Ct. App. Sept. 21, 2012) In this case, the Court of Appeals affirmed the trial court’s extension of a protective order issued against a father in favor of a mother. [Read More](https:///blog/appellate-law/protective-orders) [![](https:///Cache/0cb0d44ea97ff7a24f9cdb61250e1f12-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/criminal-procedure-search-and-seizure) [Criminal Procedure- Search and Seizure](https:///blog/appellate-law/criminal-procedure-search-and-seizure) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Carpenter v. State (Ind. Ct. App. Sept. 19, 2012) In this case the Court of Appeals affirmed the defendant’s conviction for Class B felony conspiracy to commit dealing in methamphetamine. [Read More](https:///blog/appellate-law/criminal-procedure-search-and-seizure) [![](https:///Cache/01e7095ff6a4f93676eb0ed13dd376bc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/underinsured-motorist-insurance-and-subrogation-rights) [Underinsured Motorist Insurance and Subrogation Rights](https:///blog/appellate-law/underinsured-motorist-insurance-and-subrogation-rights) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​State Farm Mutual Automobile Insurance Company v. Kern (Ind. Ct. App. Sept. 20, 2012) The Court of Appeals issued an important decision regarding underinsured motorist insurance and subrogation rights. [Read More](https:///blog/appellate-law/underinsured-motorist-insurance-and-subrogation-rights) [![](https:///Cache/c5f3cf783a4113b9651ec864b9cbdede-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice) [Medical Malpractice](https:///blog/appellate-law/medical-malpractice) By [William A. Ramsey](https:///our-people/william-a-ramsey) This medical malpractice case involves an important issue of law not previously explicitly addressed by Indiana Courts: whether a plaintiff may pursue a claim against a principal based on an apparent agency relationship where the party did not sue the agent and the statute of limitations against the agent has run. [Read More](https:///blog/appellate-law/medical-malpractice) [![](https:///Cache/c98d0cacb82e827f82e36cfa571eb501-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/applicability-of-res-ipsa-loquitur-to-medical-malpractice-cases) [Applicability of res ipsa loquitur to Medical Malpractice Cases](https:///blog/appellate-law/applicability-of-res-ipsa-loquitur-to-medical-malpractice-cases) Smith v. Dermatology Associates of Fort Wayne, P.C.(Ind. Ct. App. Sept. 7, 2012) In this case, the Court of Appeals discussed the applicability of res ipsa loquitur to medical malpractice cases. [Read More](https:///blog/appellate-law/applicability-of-res-ipsa-loquitur-to-medical-malpractice-cases) [![](https:///Cache/3975a3e75d4e31cc4b6f4ebe63ba4099-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice-and-appellate-procedure) [Medical Malpractice and Appellate Procedure](https:///blog/appellate-law/medical-malpractice-and-appellate-procedure) By [William A. Ramsey](https:///our-people/william-a-ramsey) Johnson v. Dr. A (Ind. Ct. App. Aug. 28, 2012) In this medical malpractice case, the Court of Appeals dismissed an appeal on procedural grounds but issued an advisory opinion regarding the discovery of out-of-state non-parties. [Read More](https:///blog/appellate-law/medical-malpractice-and-appellate-procedure) [![](https:///Cache/14f78be7aab0de17a32c81be03845951-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice-and-nurses-serving-on-medical-review-panels) [Medical Malpractice and Nurses Serving on Medical Review Panels](https:///blog/appellate-law/medical-malpractice-and-nurses-serving-on-medical-review-panels) By [William A. Ramsey](https:///our-people/william-a-ramsey) Curtis v. Miller’s Health Systems (Ind. Ct. App. Aug. 15, 2012) In this medical malpractice case, the Court of Appeals affirmed summary judgment for the defendant healthcare provider and reached an important conclusion regarding a nurse’s ability to offer expert opinion on the standard of care in malpractice suits. [Read More](https:///blog/appellate-law/medical-malpractice-and-nurses-serving-on-medical-review-panels) [![](https:///Cache/e62bfc3d95006f3ff58f94f7c05e4602-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/commercial-litigation-contractor-v-homeowners) [Commercial Litigation: Contractor v. Homeowners](https:///blog/appellate-law/commercial-litigation-contractor-v-homeowners) By [William A. Ramsey](https:///our-people/william-a-ramsey) Thalheimer v. Halum (Ind. Ct. App. Aug. 13, 2012) This case involved a dispute between homeowners and a contractor, whom the homeowners hired to remove carpet and tiles and to install new tiles. [Read More](https:///blog/appellate-law/commercial-litigation-contractor-v-homeowners) [![](https:///Cache/ec0e15950387c8b131bee8331b83c68a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/prenatal-records-and-medical-negligence) [Prenatal Records & Medical Negligence](https:///blog/appellate-law/prenatal-records-and-medical-negligence) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​E.J. v. Okolocha (Ind. Ct. App. Aug. 13, 2012) Parents interested in adopting a child submitted an authorization to a doctor for the child’s mother’s prenatal records. [Read More](https:///blog/appellate-law/prenatal-records-and-medical-negligence) [![](https:///Cache/51904f19b27dec2bfd8748ce87898861-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/tactical-decisions-for-trial-counsel) [Tactical Decisions for Trial Counsel](https:///blog/appellate-law/tactical-decisions-for-trial-counsel) By [William A. Ramsey](https:///our-people/william-a-ramsey) In this case, the Court of Appeals affirmed the conviction of Class A child molesting, rejecting the defendant’s argument that the prosecutor’s closing argument constituted fundamental error and that the victim’s testimony was incredibly dubious and therefore insufficient to sustain his conviction. [Read More](https:///blog/appellate-law/tactical-decisions-for-trial-counsel) [![](https:///Cache/ede2f7abafd4017bf61ba8f9e8f751f6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/underinsured-motorist-coverage-provision) [Underinsured Motorist Coverage Provision](https:///blog/appellate-law/underinsured-motorist-coverage-provision) By [William A. Ramsey](https:///our-people/william-a-ramsey) In this case, the Court of Appeals interpreted an Underinsured Motorist (UIM) coverage provision stating that the policy limits of liability are reduced by “a payment made or amount payable because of bodily injury under any workers’ compensation or disability benefits law or any similar law.” [Read More](https:///blog/appellate-law/underinsured-motorist-coverage-provision) [![](https:///Cache/60b76df3ba46a01e8187cfd98b7bcbcf-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/conditions-of-probation-and-parole) [Conditions of Probation and Parole](https:///blog/appellate-law/conditions-of-probation-and-parole) In this case, the Court of Appeals held that although a statute prohibiting sex offenders from living within 1,000 feet of a school could not apply to sex offenders convicted before the statute was enacted, a trial court’s condition of probation prohibiting a sex offender from living within 1,000 feet of a school was valid. [Read More](https:///blog/appellate-law/conditions-of-probation-and-parole) [![](https:///Cache/e53b778513fe414def0ae13af380c5c2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/cross-examination-of-expert-witness) [Cross Examination of Expert Witness](https:///blog/appellate-law/cross-examination-of-expert-witness) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Swammi, Inc. v. Shambaugh, Beck, Kast, Williams, LLP (Ind. Ct. App. July 13, 2012) In this case, the Court of Appeals affirmed a defense verdict in a legal malpractice action. [Read More](https:///blog/appellate-law/cross-examination-of-expert-witness) [![](https:///Cache/01aa01d95bdbf6764603272ec1068643-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/notice-under-the-tort) [Notice Under the Tort](https:///blog/appellate-law/notice-under-the-tort) ​Shoettmer v. Wright (Ind. Ct. App. July 13, 2012) This case addressed the question of whether communicating notice of a claim against a governmental agency to that entity’s insurance company constitutes sufficient notice under Indiana’s tort claims statute. [Read More](https:///blog/appellate-law/notice-under-the-tort) [![](https:///Cache/834502b7b9e80dce86e22a895877b54a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/ineffective-assistance-of-counsel) [Ineffective Assistance of Counsel](https:///blog/appellate-law/ineffective-assistance-of-counsel) ​McWhorter v. State (Ind. Ct. App. July 9, 2012) In this case, the defendant was convicted of voluntary manslaughter after being charged with murder. [Read More](https:///blog/appellate-law/ineffective-assistance-of-counsel) [![](https:///Cache/c3f34ecf0dd716c671e94a83655d2fcc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/child-support) [Child Support](https:///blog/appellate-law/child-support) By [William A. Ramsey](https:///our-people/william-a-ramsey) Hirsch v. Oliver (Ind. June 29, 2012) In this case, the Supreme Court clarified some important issues regarding emancipation and a parent’s obligation to pay child support for post-secondary education expenses. [Read More](https:///blog/appellate-law/child-support) [newer](https:///blog?Page=15) [1](https:///blog)⋯[13](https:///blog?Page=13)[14](https:///blog?Page=14)[15](https:///blog?Page=15)16[17](https:///blog?Page=17)[18](https:///blog?Page=18) [older](https:///blog?Page=17) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=17 #[Blog](https:///blog) [![](https:///Cache/802f782e36208784250ff7a8698b58fa-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/due-process) [Due Process](https:///blog/appellate-law/due-process) By [William A. Ramsey](https:///our-people/william-a-ramsey) This case involves the often-litigated issue of whether one has a constitutionally protected interest in one’s employment. [Read More](https:///blog/appellate-law/due-process) [![](https:///Cache/a90229ac37ff12cb46aa7a7fb946d311-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/notice-of-tort-claims) [Notice of Tort Claims](https:///blog/appellate-law/notice-of-tort-claims) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​City of Indianapolis v. Buschman (Ind. Ct. App. June 26, 2012) Plaintiffs who are injured by governmental entities must provide notice to those entities within 180 days of the injury or forfeit the claim. [Read More](https:///blog/appellate-law/notice-of-tort-claims) [![](https:///Cache/55fe3ee8cc37515e50b643b6539b81aa-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/obligation-to-pay-child-support) [Obligation to Pay Child Support](https:///blog/appellate-law/obligation-to-pay-child-support) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Ashabranner v. Wilkins (Ind. Ct. App. June 15, 2012) In this case, the Court of Appeals addressed a situation in which a nineteen-year-old child lived with neither parent, received Section 8 housing assistance, worked, and was in the process of beginning college. [Read More](https:///blog/appellate-law/obligation-to-pay-child-support) [![](https:///Cache/68d287dcab532c4cea99435b86278ff0-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/protected-person-statute) [Protected Person Statute](https:///blog/appellate-law/protected-person-statute) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​A.R.M. v. State (Ind. Ct. App. June 7, 2012) In this case, the Court of Appeals addressed the Protected Person Statute, Indiana Code section 35-37-6-6, which governs, among other things, the admission of child testimony by videotape in sex crime cases. [Read More](https:///blog/appellate-law/protected-person-statute) [![](https:///Cache/21b9797988ecccf02dad44d2c86a2c88-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/termination-of-child-support) [Termination of Child Support](https:///blog/appellate-law/termination-of-child-support) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Sexton v. Sexton (Ind. Ct. App. June 8, 2012) This case is the Court of Appeals’ first opportunity to discuss Public Law 111-2012, which will change the presumptive age for termination of child support from twenty-one to nineteen, effective July 1, 2012. [Read More](https:///blog/appellate-law/termination-of-child-support) [![](https:///Cache/be2f1b3ff8bcbd7ad5a5c2049ca29921-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/governmental-liability) [Governmental Liability](https:///blog/appellate-law/governmental-liability) ​W.D. v. City of Nappanee (Ind. Ct. App. June 6, 2012) This case involves a suit brought by a child and his parents against the City of Nappanee following injuries sustained by the child in a near-drowning in the City pool. [Read More](https:///blog/appellate-law/governmental-liability) [![](https:///Cache/4b13c5359c0f9d01038e39b403e73894-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/legal-malpractice) [Legal Malpractice](https:///blog/appellate-law/legal-malpractice) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Perkins v. Stesiak (Ind. Ct. App. May 30, 2012) In this case, the Court of Appeals affirmed a trial court’s grant of summary judgment on the grounds that the plaintiff had no cognizable claim for emotional distress. [Read More](https:///blog/appellate-law/legal-malpractice) [![](https:///Cache/ba48a87df4086b391ab40c1e90c712fa-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/wrongful-death-and-premises-liability) [Wrongful Death and Premises Liability](https:///blog/appellate-law/wrongful-death-and-premises-liability) By [William A. Ramsey](https:///our-people/william-a-ramsey) Adnrousky v. Walter (Ind. Ct. App. May 30, 2012) The Plaintiff in this case filed suit against a landowner after the Plaintiff’s son drowned in the landowner’s pool. [Read More](https:///blog/appellate-law/wrongful-death-and-premises-liability) [![](https:///Cache/6a3bbb18fca036cfcb68c8ee615f494a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/attorney-client-relations) [Attorney-Client Relations](https:///blog/appellate-law/attorney-client-relations) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Myers v. Deets (Ind. Ct. App. May 29, 2012) This case involves a suit by a client against an attorney and the attorney’s partner (“Edward”), firm, and insurance company after the attorney allegedly and improperly failed to refund part of a retainer. [Read More](https:///blog/appellate-law/attorney-client-relations) [![](https:///Cache/a317290e67f83264b79c41834ea70260-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/criminal-procedure) [Criminal Procedure](https:///blog/appellate-law/criminal-procedure) ​​Haste v. State (Ind. Ct. App. May 25, 2012) In this case, a criminal defendant appealed a conviction and sentence for dealing methamphetamine following an order sentencing the defendant to 10 years. [Read More](https:///blog/appellate-law/criminal-procedure) [![](https:///Cache/1f46225dd33d06fbbec5da0403ca2502-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/appellate-law/appellate-procedure-in-re-estate-of-shuler-ind-ct-app-may-25-2012) [Appellate Procedure: In re Estate of Shuler (Ind. Ct. App May 25, 2012)](https:///blog/appellate-law/appellate-procedure-in-re-estate-of-shuler-ind-ct-app-may-25-2012) By [William A. Ramsey](https:///our-people/william-a-ramsey) This case addresses the important issue of whether an order is “final” for purposes of an appeal. [Read More](https:///blog/appellate-law/appellate-procedure-in-re-estate-of-shuler-ind-ct-app-may-25-2012) [![](https:///Cache/8b30eaa3530795d9c29303021eb2e938-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/landlord-tenant-law) [Landlord-Tenant Law](https:///blog/appellate-law/landlord-tenant-law) By [William A. Ramsey](https:///our-people/william-a-ramsey) Reynolds v. Capps (Ind. Ct. App. May 23, 2012) A landlord filed a claim for ejection and past-due rent. No judge appeared at the small claims trial, so a court reporter took down the argument from the parties. [Read More](https:///blog/appellate-law/landlord-tenant-law) [![](https:///Cache/2ca3e2e51ba04fea4b2525eb986186a5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/service-of-pleadings-and-motions) [Service of Pleadings and Motions](https:///blog/appellate-law/service-of-pleadings-and-motions) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Clements v. Hall(Ind. Ct. App. April 24, 2012) In this case, the Court of Appeals reversed a trial court’s denial of a motion for relief from judgment. The defendant’s attorney was not served with the plaintiffs’ summary judgment motion, which the trial court had granted. [Read More](https:///blog/appellate-law/service-of-pleadings-and-motions) [![](https:///Cache/1cd58f0e9648e591988f1d6b825b68e3-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/insurance-coverage) [Insurance Coverage](https:///blog/appellate-law/insurance-coverage) By [William A. Ramsey](https:///our-people/william-a-ramsey) Omni Insurance Group v. Poage(Ind. Ct. App. April 23, 2012) Parties often litigate the issue of whether a person was a resident of another’s home for purposes of an insurance policy. [Read More](https:///blog/appellate-law/insurance-coverage) [![](https:///Cache/52f8bfa068b5a1bea95283b8372aba61-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/belated-criminal-appeals) [Belated Criminal Appeals](https:///blog/appellate-law/belated-criminal-appeals) By [William A. Ramsey](https:///our-people/william-a-ramsey) Darby v. State (Ind. Ct. App. April 19, 2012) In this criminal appeal, the Court of Appeals affirmed the trial court’s denial of the defendant’s petition to file a belated notice of appeal. [Read More](https:///blog/appellate-law/belated-criminal-appeals) [![](https:///Cache/e44d817126aab45ce98f4a2e92ab53e4-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/appellate-jurisdiction) [Appellate Jurisdiction](https:///blog/appellate-law/appellate-jurisdiction) By [William A. Ramsey](https:///our-people/william-a-ramsey) This case demonstrates the importance of knowing and following appellate procedural rules. [Read More](https:///blog/appellate-law/appellate-jurisdiction) [![](https:///Cache/a7d48ea7f198659bf4f019469877907d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/unemployment-benefits) [Unemployment Benefits](https:///blog/appellate-law/unemployment-benefits) By [William A. Ramsey](https:///our-people/william-a-ramsey) In this case, the Court of Appeals reversed the Review Board’s grant of unemployment benefits, holding that if an employee’s explanation for the behavior that led to termination is a different terminable offense, the employer has just cause to terminate the employee. [Read More](https:///blog/appellate-law/unemployment-benefits) [![](https:///Cache/cf440ae22b547419113c75923a071a94-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/fourth-amendment) [Fourth Amendment](https:///blog/appellate-law/fourth-amendment) By [William A. Ramsey](https:///our-people/william-a-ramsey) This case is Indiana's Court of Appeals' first in-depth discussion of the SCOTUS decision in Arizona v. Johnson, 555 U.S. 323 (2009), which addressed the authority of police officers to conduct pat-down searches of vehicle passengers after routine traffic stops. [Read More](https:///blog/appellate-law/fourth-amendment) [![](https:///Cache/6ea3caf2cca6b3ff13447855a1365d88-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/workers-compensation-exclusivity) [Worker's Compensation Exclusivity](https:///blog/appellate-law/workers-compensation-exclusivity) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​The Estate of Smith v. Stutzman (Ind. Ct. App. March 23, 2012) In this case, the Court of Appeals held that the trial court properly set aside a default judgment entered against an employer on a claim brought by an employee who claimed he was injured due to the employer’s negligence. [Read More](https:///blog/appellate-law/workers-compensation-exclusivity) [![](https:///Cache/309fca0940109e6ef99381dcd90a369e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/duty-for-safety-on-construction-site) [Duty for Safety on Construction Site](https:///blog/appellate-law/duty-for-safety-on-construction-site) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Hunt Construction Group, Inc. v. Garrett (Ind. March 22, 2012) This important construction accident case resulted in two important holdings. [Read More](https:///blog/appellate-law/duty-for-safety-on-construction-site) [newer](https:///blog?Page=16) [1](https:///blog)⋯[13](https:///blog?Page=13)[14](https:///blog?Page=14)[15](https:///blog?Page=15)[16](https:///blog?Page=16)17[18](https:///blog?Page=18) [older](https:///blog?Page=18) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog?Page=18 #[Blog](https:///blog) [![](https:///Cache/66e4cd856ae0df41b3a1e6057215441e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/insurance-coverage-for-pollution) [Insurance Coverage for Pollution](https:///blog/appellate-law/insurance-coverage-for-pollution) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​State Mutual Insurance Company v. Flexdar, Inc. (Ind. March 22, 2012) In a 3-2 decision, our Supreme Court held that the pollution exclusion in the Defendant’s commercial general liability policy was ambiguous and therefore provided coverage for the Plaintiff’s costs of cleaning up trichloroethylene that was present in its soil and groundwater. [Read More](https:///blog/appellate-law/insurance-coverage-for-pollution) [![](https:///Cache/5a8d4fef6b6d76dd655bd396e2016274-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/appellate-attorney-fees) [Appellate Attorney Fees](https:///blog/appellate-law/appellate-attorney-fees) By [William A. Ramsey](https:///our-people/william-a-ramsey) Chaney v. Clarion Health Partners, Inc. (Ind. Ct. App. March 22, 2012) In this case, the Court of Appeals affirmed its initial order awarding appellate fees and costs but modified its published decision based on two errors pointed out by the parties seeking a rehearing. [Read More](https:///blog/appellate-law/appellate-attorney-fees) [![](https:///Cache/49c897e5d86afd611cc90328703ecb4c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/due-process-requirements-for-tax-sales) [Due Process Requirements for Tax Sales](https:///blog/appellate-law/due-process-requirements-for-tax-sales) By [William A. Ramsey](https:///our-people/william-a-ramsey) Marion County Auditor v. Sawmill Creek, LLC (Ind. March 21, 2012) This case discusses the adequacy of notice of a tax sale for property under the U.S. Constitution’s due process clause. [Read More](https:///blog/appellate-law/due-process-requirements-for-tax-sales) [![](https:///Cache/535532b47f4e52350ac7baf0f27677fa-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/civil-jury-instructions) [Civil Jury Instructions](https:///blog/appellate-law/civil-jury-instructions) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​The Laporte Community School Corporation v. Rosales (Ind. March 20, 2012) This child wrongful death case addresses the impropriety of jury instructions regarding a party’s contentions. [Read More](https:///blog/appellate-law/civil-jury-instructions) [![](https:///Cache/726e63012965af4657ef479278e0bfe1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/attorney-discipline) [Attorney Discipline](https:///blog/appellate-law/attorney-discipline) By [William A. Ramsey](https:///our-people/william-a-ramsey) In re Brizzi (Ind. March 12, 2012) The Supreme Court determined that statements made by Carl Brizzi, the former Prosecutor for Marion County, warranted a public reprimand. [Read More](https:///blog/appellate-law/attorney-discipline) [![](https:///Cache/74b4ff5448adf84db5428c2acddec1c7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/indiana-appellate-decision-addressing-the-underinsured-motorist-statute) [Indiana Appellate Decision Addressing the Underinsured Motorist Statute](https:///blog/appellate-law/indiana-appellate-decision-addressing-the-underinsured-motorist-statute) By [William A. Ramsey](https:///our-people/william-a-ramsey) This case is one of several Indiana Appellate decisions addressing the phrase “coverage available for payment to the insured” and the Underinsured Motorist Statute, I.C. §27-7-5-4. [Read More](https:///blog/appellate-law/indiana-appellate-decision-addressing-the-underinsured-motorist-statute) [![](https:///Cache/3b78183bac8e049d37bea1ea67d88889-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/appellate-law/insurance-coverage-for-environmental-cleanup) [Insurance Coverage for Environmental Cleanup](https:///blog/appellate-law/insurance-coverage-for-environmental-cleanup) By [William A. Ramsey](https:///our-people/william-a-ramsey) Insurance coverage dispute regarding coverage for proceedings related to the remediation of contamination at a gas station gave the Court of Appeals the opportunity to discuss the known loss doctrine and the reasonable notice requirement present in most general liability policies. [Read More](https:///blog/appellate-law/insurance-coverage-for-environmental-cleanup) [![](https:///Cache/e6082151858348f62bd51d1cc83f86f3-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/appellate-law/government-employees-free-speech-rights) [Government Employee's Free Speech Rights](https:///blog/appellate-law/government-employees-free-speech-rights) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Messer v. New Albany Police Department (Ind. Ct. App. March 15, 2012) This case addressed the interaction of the First Amendment right to free speech and the government’s authority to regulate the speech of its own employees. [Read More](https:///blog/appellate-law/government-employees-free-speech-rights) [![](https:///Cache/ac76b296fdc8719bdf426a6472176109-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/due-process-in-chins-adjudications) [Due Process in CHINS Adjudications](https:///blog/appellate-law/due-process-in-chins-adjudications) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​In re T.M. (Ind. March 13, 2012) and In re K.D. (Ind. March 13, 2012) These companion cases addressed the procedural due process safeguards required in CHINS cases. Specifically, the cases held that parents who request a contested fact-finding hearing have a constitutional due process right to such a hearing. [Read More](https:///blog/appellate-law/due-process-in-chins-adjudications) [![](https:///Cache/dd47bfb20b2ee1590c9357a4ab4aa554-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/attorney-fees) [Attorney Fees](https:///blog/appellate-law/attorney-fees) By [William A. Ramsey](https:///our-people/william-a-ramsey) R.L. Turner Corporation v. Town of Brownsburg (Ind. March 9, 2012) The Supreme Court clarified that a trial court may permissibly enter an award for attorney fees after it dismisses a claim. [Read More](https:///blog/appellate-law/attorney-fees) [![](https:///Cache/7e9f50129e17ec85572e8ecdf7667ba7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/criminal-jury-instructions) [Criminal Jury Instructions](https:///blog/appellate-law/criminal-jury-instructions) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Garrett v. State (Ind. Ct. App. March 7, 2012) The Court of Appeals held it was reversible error to refuse to instruct the jury on the lesser-included offense of possession of methamphetamine in addition to the charge of dealing methamphetamine. [Read More](https:///blog/appellate-law/criminal-jury-instructions) [![](https:///Cache/5f92658fd443f3a66cd00b231dbc4157-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/police-and-firefighter-disability-fund) [Police and Firefighter Disability Fund](https:///blog/appellate-law/police-and-firefighter-disability-fund) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Thatcher v. City of Kokomo (Ind. March 6, 2012) In this case, the Indiana Supreme Court answered two certified questions from the United States District Court for the Southern District of Indiana regarding the 1977 Fund, a disability and pension fund for police officers and firefighters [Read More](https:///blog/appellate-law/police-and-firefighter-disability-fund) [![](https:///Cache/3480a409b3d27ab029cf23075d9194e4-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/personal-jurisdiction) [Personal Jurisdiction](https:///blog/appellate-law/personal-jurisdiction) By [William A. Ramsey](https:///our-people/william-a-ramsey) Davis v. Simon (Ind. Ct. App. Feb. 29, 2012) This case involves the oft-litigated issue of personal jurisdiction. [Read More](https:///blog/appellate-law/personal-jurisdiction) [![](https:///Cache/470312c6959b02ed04cee89d37a26f30-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/underinsured-motorists-coverage) [Underinsured Motorists Coverage](https:///blog/appellate-law/underinsured-motorists-coverage) By [William A. Ramsey](https:///our-people/william-a-ramsey) Hanna v. Indiana Farms Mutual Insurance Company (Ind. Ct. App. Feb. 29, 2012) This case involves an underinsured motorists (UIM) claim brought by the parents of a child killed in a two-car collision during a drag race. [Read More](https:///blog/appellate-law/underinsured-motorists-coverage) [![](https:///Cache/b1606b9f326a0811bea750fb0c546162-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/motorists-duty-to-other-motorists) [Motorist's Duty to other Motorists](https:///blog/appellate-law/motorists-duty-to-other-motorists) By [William A. Ramsey](https:///our-people/william-a-ramsey) Brown v. Hamilton (Ind. Ct. App. Feb. 28, 2012)The Court of Appeals held that a driver who signals to a second driver that it is safe to proceed owes a duty to a third motorist who is injured because of the second driver’s reasonable reliance on the signaling driver. [Read More](https:///blog/appellate-law/motorists-duty-to-other-motorists) [![](https:///Cache/a0111123715532b0b32ab3ae291de958-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/batson-challenges) [Batson Challenges](https:///blog/appellate-law/batson-challenges) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Supreme Court handed down an interesting and important decision regarding Batson challenges in Addison v. State. [Read More](https:///blog/appellate-law/batson-challenges) [![](https:///Cache/aad8d86b8a816bd83be22197fede1f58-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/criminal-sentencing) [Criminal Sentencing](https:///blog/appellate-law/criminal-sentencing) By [William A. Ramsey](https:///our-people/william-a-ramsey) Abbott v. State. The Supreme Court, in a 3-2 decision, revised a criminal defendant’s sentence from 20 years to 12 years. The defendant, who represented himself on transfer, was convicted of possessing cocaine within 1,000 feet of a school following a traffic stop. [Read More](https:///blog/appellate-law/criminal-sentencing) [![](https:///Cache/2c9c78974649338f7ce1df59835227be-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/online-privacy) [Online Privacy](https:///blog/appellate-law/online-privacy) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Court of Appeals addressed an important issue – a newspaper’s obligation to reveal the identity of one who has commented on an online news story where the commentator’s statements were arguably defamatory. [Read More](https:///blog/appellate-law/online-privacy) [![](https:///Cache/248bddee92abf0532b520d247bfc7471-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/notice-pleading) [Notice Pleading](https:///blog/appellate-law/notice-pleading) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​ARC Construction Management, LLC v. Zelenak (Ind. Ct. App. Feb. 27, 2012) This case demonstrates the difficulties Indiana’s notice pleading rule sometimes causes parties seeking summary judgment. [Read More](https:///blog/appellate-law/notice-pleading) [![](https:///Cache/09db9d42a57bb37b02ec28c904c52f44-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/interlocutory-appeals-and-appellate-jurisdiction) [Interlocutory Appeals and Appellate Jurisdiction](https:///blog/appellate-law/interlocutory-appeals-and-appellate-jurisdiction) By [William A. Ramsey](https:///our-people/william-a-ramsey) In re Indiana Newspapers v. Miller (Ind. Ct. App. Jan 18, 2012) Latest decision from the Court of Appeals regarding the Indianapolis Star’s attempt to appeal a discovery order issued by the Marion Superior Court. [Read More](https:///blog/appellate-law/interlocutory-appeals-and-appellate-jurisdiction) [newer](https:///blog?Page=17) [1](https:///blog)⋯[13](https:///blog?Page=13)[14](https:///blog?Page=14)[15](https:///blog?Page=15)[16](https:///blog?Page=16)[17](https:///blog?Page=17)18 ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Appellate Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law #[Blog](https:///blog) ##Appellate Law [![](https:///Cache/669a90fc6bff34d43f556bdffc3e43fc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/real-property-used-for-charitable-purposes-can-be-exempt-from-taxation) [Real Property Used for "Charitable Purposes" Can be Exempt from Taxation](https:///blog/appellate-law/real-property-used-for-charitable-purposes-can-be-exempt-from-taxation) Indiana statute provides that real property used for “charitable purposes” can be exempt from taxation. [Read More](https:///blog/appellate-law/real-property-used-for-charitable-purposes-can-be-exempt-from-taxation) [![](https:///Cache/b38cf76dacfdd425b2eca86682f4e969-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/court-of-appeals-issues-decision-addressing-questions-of-what-constitutes-medical-care) [Court of Appeals Issues Decision Addressing Questions of What Constitutes Medical Care](https:///blog/appellate-law/court-of-appeals-issues-decision-addressing-questions-of-what-constitutes-medical-care) In medical malpractice cases, a dispute can arise over whether certain acts or omissions occurred in the course of providing medical care or the related question of whether a patient-provider relationship arose based on certain acts of a medical provider. [Read More](https:///blog/appellate-law/court-of-appeals-issues-decision-addressing-questions-of-what-constitutes-medical-care) [![](https:///Cache/6c547da54a20d4ac15cab518093cab04-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/court-of-appeals-issues-decision-regarding-mitigation-of-damages) [Court of Appeals Issues Decision Regarding Mitigation of Damages](https:///blog/appellate-law/court-of-appeals-issues-decision-regarding-mitigation-of-damages) By [William A. Ramsey](https:///our-people/william-a-ramsey) Some personal injury cases warrant the Mitigation of Damages defense – when the plaintiff failed to use reasonable care to minimize damages following an injury. [Read More](https:///blog/appellate-law/court-of-appeals-issues-decision-regarding-mitigation-of-damages) [![](https:///Cache/c3b6665fb323ed44fb6fd5a282a4d8a1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/appealing-interlocutory-or-non-final-orders) [Appealing Interlocutory or Non-Final Orders](https:///blog/appellate-law/appealing-interlocutory-or-non-final-orders) By [William A. Ramsey](https:///our-people/william-a-ramsey) Interlocutory appeals can be difficult to win, but in the right case, they can help turn the tide and help lead to a good overall result to litigation. [Read More](https:///blog/appellate-law/appealing-interlocutory-or-non-final-orders) [![](https:///Cache/5052bf8b2e92328962502408992344dd-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/supreme-court-issues-decision-in-patchett-v-lee) [Supreme Court Issues Decision in Patchett v. Lee](https:///blog/appellate-law/supreme-court-issues-decision-in-patchett-v-lee) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Indiana Supreme Court holds that evidence of write-offs and reductions to medical bills is admissible in personal injury cases regardless of whether the plaintiff’s bills were paid by a government program or a private insurance company. [Read More](https:///blog/appellate-law/supreme-court-issues-decision-in-patchett-v-lee) [![](https:///Cache/b901c2013e8ef4993bd34db3228423d0-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/supreme-court-finds-divorced-parents-not-required-to-pay-for-childrens-postgraduate-education-expenses) [​Supreme Court Finds Divorced Parents Not Required to Pay for Children’s Postgraduate Education Expenses](https:///blog/appellate-law/supreme-court-finds-divorced-parents-not-required-to-pay-for-childrens-postgraduate-education-expenses) By [William A. Ramsey](https:///our-people/william-a-ramsey) On June 1, 2016, the Supreme Court decided an issue of first impression and significant importance in the area of family law. [Read More](https:///blog/appellate-law/supreme-court-finds-divorced-parents-not-required-to-pay-for-childrens-postgraduate-education-expenses) [![](https:///Cache/a9316146371737abb39849a9b87cab12-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/masters-v-masters-ne-3d-2015-wl-6107845-ind-oct-16-2015) [Masters v. Masters, ---N.E. 3d---,2015 WL 6107845 (Ind. Oct. 16, 2015)*](https:///blog/appellate-law/masters-v-masters-ne-3d-2015-wl-6107845-ind-oct-16-2015) By [William A. Ramsey](https:///our-people/william-a-ramsey) In Masters, the Indiana Supreme Court vacated the decision of the Indiana Court of Appeals, Masters v. Masters, 20 N.E.3d 158 (Ind. Ct. App. 2014), trans. granted, and reinstated an award of attorney’s fees awarded to the Mother in a proceeding under the Family Law Arbitration Act (“FLAA”). [Read More](https:///blog/appellate-law/masters-v-masters-ne-3d-2015-wl-6107845-ind-oct-16-2015) [![](https:///Cache/47fe24ae2158e70af7a770898d631792-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/cleveland-range-llc-vs-lincoln-fort-wayne-associates-llc) [Cleveland Range, LLC vs. Lincoln Fort Wayne Associates, LLC](https:///blog/appellate-law/cleveland-range-llc-vs-lincoln-fort-wayne-associates-llc) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Indiana Supreme Court recently denied transfer in the matter of Cleveland Range, LLC v. Lincoln Fort Wayne Associates, LLC, No. 2A05–1503–PL–96, ___ N.E.3d ___ , 2015 WL 5172888 (Ind. Ct. App. Sept. 4, 2015)[1] thereby leaving the Court of Appeals’ decision in place. [Read More](https:///blog/appellate-law/cleveland-range-llc-vs-lincoln-fort-wayne-associates-llc) [![](https:///Cache/949d78125cb77c7b2a242be2e3ea4176-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/interlocutory-appeals-ball-state-v-irons-and-ferguson-v-estate-of-ferguson) [​Interlocutory Appeals: Ball State v. Irons and Ferguson v. Estate of Ferguson](https:///blog/appellate-law/interlocutory-appeals-ball-state-v-irons-and-ferguson-v-estate-of-ferguson) By [William A. Ramsey](https:///our-people/william-a-ramsey) In Ball State University v. Irons, 27 N.E.3d 717 (Ind. 2015), the Indiana Supreme Court held that the appellant, Ball State University was entitled to take an interlocutory appeal of an order compelling the university to release a student transcript. [Read More](https:///blog/appellate-law/interlocutory-appeals-ball-state-v-irons-and-ferguson-v-estate-of-ferguson) [![](https:///Cache/51e0f3ae217eaf4f7a0fc86a5c8ede48-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/untimely-notices-of-appeal-in-re-adoption-of-or-one-year-later) [Untimely Notices of Appeal: In re Adoption of O.R. one year later](https:///blog/appellate-law/untimely-notices-of-appeal-in-re-adoption-of-or-one-year-later) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Indiana Supreme Court’s decision in In re Adoption of O.R., 16 N.E.3d 965 (Ind. 2014) [Read More](https:///blog/appellate-law/untimely-notices-of-appeal-in-re-adoption-of-or-one-year-later) [![](https:///Cache/358fa0325b64b3a6d0a4478eadc59e0b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/custody-jurisdiction-barwick-v-ceruti-31-ne3d-1008-ind-ct-app-2015) [Custody Jurisdiction: Barwick v. Ceruti, 31 N.E.3d 1008 (Ind. Ct. App. 2015)](https:///blog/appellate-law/custody-jurisdiction-barwick-v-ceruti-31-ne3d-1008-ind-ct-app-2015) By [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen) In Barwick, the Court of Appeals addressed whether an Indiana trial court had jurisdiction over a child custody proceeding that awarded custody to Father when a concurrent custody proceeding was pending in Canada. [Read More](https:///blog/appellate-law/custody-jurisdiction-barwick-v-ceruti-31-ne3d-1008-ind-ct-app-2015) [![](https:///Cache/ea7fa359cf529afe6c4ef621fc564535-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/court-issues-decision-clarifying-reasonableness-of-expert-witness-fees) [Court Issues Decision Clarifying Reasonableness of Expert Witness Fees](https:///blog/appellate-law/court-issues-decision-clarifying-reasonableness-of-expert-witness-fees) By [William A. Ramsey](https:///our-people/william-a-ramsey) For many types of litigation, parties will need an expert or experts to either meet their burden of proof or to respond to an opposing party's claims and evidence. [Read More](https:///blog/appellate-law/court-issues-decision-clarifying-reasonableness-of-expert-witness-fees) [![](https:///Cache/2fb0fc9d409b4d10d6284d2bf2319c15-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice-act) [Medical Malpractice Act](https:///blog/appellate-law/medical-malpractice-act) By [William A. Ramsey](https:///our-people/william-a-ramsey) In this medical malpractice case, the Supreme Court addressed two issues: 1) the Medical Malpractice Act’s statute of limitations, and 2) the application of the Medical Malpractice Act to claims against a healthcare provider brought by someone who was not a patient of the healthcare provider. [Read More](https:///blog/appellate-law/medical-malpractice-act) [![](https:///Cache/84844503006d86f7725f6ba2079a4d67-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/visitation-rights) [Visitation Rights](https:///blog/appellate-law/visitation-rights) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​In Re the Guardianship of A.J.A. and L.M.A., Minor Children (Ind. July 18, 2013) In this case, the Supreme Court addressed the Indiana statute allowing, under certain circumstances, grandparents to have visitation rights. [Read More](https:///blog/appellate-law/visitation-rights) [![](https:///Cache/5316b2943b07cfd08a3d02f77d318465-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/constitutional-law) [Constitutional Law](https:///blog/appellate-law/constitutional-law) By [Benjamin D. Ice](https:///our-people/benjamin-d-ice) Reading and watching the news for the last few days has made it clear that the United States Supreme Court's recently issued "Rainbow Rulings", which dealt with different facets of gay rights and marriage, are two of the least-understood opinions in memory. [Read More](https:///blog/appellate-law/constitutional-law) [![](https:///Cache/ab0d46eebada19538d006d2784e8529a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/pretrial-procedure) [Pretrial Procedure](https:///blog/appellate-law/pretrial-procedure) By [William A. Ramsey](https:///our-people/william-a-ramsey) Wright v. Miller (Ind. June 21, 2013) In this case, the Supreme Court reversed the Trial Court’s exclusion of a plaintiff’s expert witness and dismissal of the plaintiff’s case for repeatedly failing to comply with the Trial Court’s case management order and deadlines. [Read More](https:///blog/appellate-law/pretrial-procedure) [![](https:///Cache/aa533f49ebb1224c7a4b2d433137d275-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice-claim) [Medical Malpractice Claim](https:///blog/appellate-law/medical-malpractice-claim) By [William A. Ramsey](https:///our-people/william-a-ramsey) In this case, the Court of Appeals reversed the dismissal of a medical malpractice claim, finding that the trial court abused its discretion. [Read More](https:///blog/appellate-law/medical-malpractice-claim) [![](https:///Cache/a32b2c375d878acdd64180c88f5e304c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/criminal-law) [Criminal Law](https:///blog/appellate-law/criminal-law) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Alexander v. State (Ind. Ct. App. May 10, 2013) In this case, the Indiana Court of Appeals dismissed a criminal appeal on the grounds that the Court of Appeals lacked jurisdiction because the order that the Defendant was attempting to appeal was not a final order. [Read More](https:///blog/appellate-law/criminal-law) [![](https:///Cache/bc2e3c8330d0ad5d1ad76ef22fe8a280-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice-complaint-filed-with-the-indiana-department-of-insurance) [Medical Malpractice Complaint Filed with the Indiana Department of Insurance](https:///blog/appellate-law/medical-malpractice-complaint-filed-with-the-indiana-department-of-insurance) In this medical malpractice case, the Indiana Court of Appeals decided, as an issue of first impression, that a proposed complaint for medical malpractice is not considered filed with the Indiana Department of Insurance on the day it is mailed if it sent by a third-party private carrier. [Read More](https:///blog/appellate-law/medical-malpractice-complaint-filed-with-the-indiana-department-of-insurance) [![](https:///Cache/cdcbbba6a5ae789c23ac769d700fc679-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/family-law-contribution-to-childs-college-education) [Family Law: Contribution to Child's College Education](https:///blog/appellate-law/family-law-contribution-to-childs-college-education) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Lovold v. Ellis (Ind. Ct. App. April 26, 2013) In this decision, the Indiana Court of Appeals addressed several issues, including the often-litigated and disputed obligation of a non-custodial parent to contribute to the cost of a child’s college education. [Read More](https:///blog/appellate-law/family-law-contribution-to-childs-college-education) 1[2](https:///blog/appellate-law?Page=2)[3](https:///blog/appellate-law?Page=3)[4](https:///blog/appellate-law?Page=4)[5](https:///blog/appellate-law?Page=5) [older](https:///blog/appellate-law?Page=2) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Appellate Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law?Page=2 #[Blog](https:///blog) ##Appellate Law [![](https:///Cache/0eea0e9737e40c641b1f32edd138be6d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/products-liability-case-providing-analysis-of-personal-jurisdiction) [Products Liability Case Providing Analysis of Personal Jurisdiction](https:///blog/appellate-law/products-liability-case-providing-analysis-of-personal-jurisdiction) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Sebring v. Air Equipment & Engineering, Inc. (April 4, 2013) In this products liability case, the Court of Appeals gave a comprehensive analysis of personal jurisdiction. [Read More](https:///blog/appellate-law/products-liability-case-providing-analysis-of-personal-jurisdiction) [![](https:///Cache/1f6439137d912513922d289847eac20c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/employment-law) [Employment Law](https:///blog/appellate-law/employment-law) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Walczak v. Labor Works – Fort Wayne, LLC (Ind. March 13, 2013) In this decision, the Supreme Court addressed some uncertainty that existed regarding the Wage Payment Act and the Wage Claims Act. [Read More](https:///blog/appellate-law/employment-law) [![](https:///Cache/a6af6ef3f12851a58b5a29746f8e18a7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/family-law-grandparents-rights) [Family Law: Grandparents' Rights](https:///blog/appellate-law/family-law-grandparents-rights) By [William A. Ramsey](https:///our-people/william-a-ramsey) In re Visitation of M.L.B. (Ind. March 7, 2013) In this opinion, the Supreme Court addressed the tension that often arises between grandparents’ rights to see their grandchildren and parents’ rights regarding their children. [Read More](https:///blog/appellate-law/family-law-grandparents-rights) [![](https:///Cache/50aa572c5690724196a7576189f3d5a6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/subject-matter-jurisdiction-to-hear-labor-disputes) [Subject Matter Jurisdiction to Hear Labor Disputes](https:///blog/appellate-law/subject-matter-jurisdiction-to-hear-labor-disputes) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Walczak v. Labor Works-Fort Wayne, LLC (Ind. Ct. App. March 5, 2012) This case involved a claim for unpaid wages filed by an employee against a temp agency. [Read More](https:///blog/appellate-law/subject-matter-jurisdiction-to-hear-labor-disputes) [![](https:///Cache/646509f657ae5935a83db675b9aebe93-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/family-law-turner-v-turner) [Family Law: Turner v. Turner](https:///blog/appellate-law/family-law-turner-v-turner) ​Turner v. Turner (Ind. Ct. App. Feb. 28, 2013) On July 1, 2012, the legislature amended Indiana Code § 31-16-6-6 by changing the presumptive age for termination of child support from twenty-one to nineteen. In this case, the Court of Appeals addressed the effect of the amended statute on child support orders entered before the amendment. [Read More](https:///blog/appellate-law/family-law-turner-v-turner) [![](https:///Cache/b4c0ba0998fbb9022e730bb8279904d7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/premises-liability) [Premises Liability](https:///blog/appellate-law/premises-liability) By [William A. Ramsey](https:///our-people/william-a-ramsey) South Shore Baseball, LLC v. DeJesus (Ind. Ct. App. Feb. 15, 2013) The Indiana Court of Appeals has issued a decision that significantly affect claims involving injuries to spectators at baseball games or other sporting events. [Read More](https:///blog/appellate-law/premises-liability) [![](https:///Cache/47a690405ebc590e6a650b310e18a449-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/appeals-in-the-news-early-january) [Appeals in the News- early January](https:///blog/appellate-law/appeals-in-the-news-early-january) By [William A. Ramsey](https:///our-people/william-a-ramsey) It has been a busy start to 2013 for appeals in the news. [Read More](https:///blog/appellate-law/appeals-in-the-news-early-january) [![](https:///Cache/6f8af397a44f99eff26576a43b482e06-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/tort-prejudgment-interest-statutes) [Tort Prejudgment Interest Statutes](https:///blog/appellate-law/tort-prejudgment-interest-statutes) By [William A. Ramsey](https:///our-people/william-a-ramsey) On December 12, 2012, the Supreme Court handed down four decisions interpreting the Tort Prejudgment Interest Statutes (TPIS), Kosarko v. Padula; Inman v. State Farm Mutual Automobile Insurance Company; Alsheik v. Guerrero; and Wisner v. Laney. [Read More](https:///blog/appellate-law/tort-prejudgment-interest-statutes) [![](https:///Cache/a11a9165cbf7704fe5c192f090e1de21-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/child-custody) [Child Custody](https:///blog/appellate-law/child-custody) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​D.C. v. J.A.C. (Ind. Nov. 13, 2012) In this child-custody dispute, the Indiana Supreme Court affirmed the trial court’s decision to modify custody in favor of the father and prevent the mother from moving out of state with the child. [Read More](https:///blog/appellate-law/child-custody) [![](https:///Cache/328f1d58ce7e8d39dbad0ca085ea6a58-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/workers-compensation-law-amerisafe-risk-services-inc-v-estate-of-wadsack) [Worker's Compensation Law: Amerisafe Risk Services, Inc. v. Estate of Wadsack](https:///blog/appellate-law/workers-compensation-law-amerisafe-risk-services-inc-v-estate-of-wadsack) ​Amerisafe Risk Services, Inc. v. Estate of Wadsack (Ind. Ct. App. Nov. 9, 2012) In this case, the Court of Appeals held that a party bringing against a worker’s compensation insurer and claims handler must first bring the claim before the Worker’s Compensation Board before proceeding in state court. [Read More](https:///blog/appellate-law/workers-compensation-law-amerisafe-risk-services-inc-v-estate-of-wadsack) [![](https:///Cache/0a8f8fc3ea2c3e969d5f172eae04fe66-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/appellate-procedure) [Appellate Procedure](https:///blog/appellate-law/appellate-procedure) By [William A. Ramsey](https:///our-people/william-a-ramsey) State v. Holtsclaw (Ind. November 5, 2012) In this case, the Indiana Supreme Court held that Appellate Rule 9, which tolls the thirty-day deadline for filing a notice of appeal when a party files a motion to correct error, applies not only in civil cases but also to the State in a criminal case. [Read More](https:///blog/appellate-law/appellate-procedure) [![](https:///Cache/38df340b7c57a5ad4b8020362be371fe-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/protective-orders) [Protective Orders](https:///blog/appellate-law/protective-orders) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​A.G. v. P.G. (Ind. Ct. App. Sept. 21, 2012) In this case, the Court of Appeals affirmed the trial court’s extension of a protective order issued against a father in favor of a mother. [Read More](https:///blog/appellate-law/protective-orders) [![](https:///Cache/0cb0d44ea97ff7a24f9cdb61250e1f12-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/criminal-procedure-search-and-seizure) [Criminal Procedure- Search and Seizure](https:///blog/appellate-law/criminal-procedure-search-and-seizure) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Carpenter v. State (Ind. Ct. App. Sept. 19, 2012) In this case the Court of Appeals affirmed the defendant’s conviction for Class B felony conspiracy to commit dealing in methamphetamine. [Read More](https:///blog/appellate-law/criminal-procedure-search-and-seizure) [![](https:///Cache/01e7095ff6a4f93676eb0ed13dd376bc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/underinsured-motorist-insurance-and-subrogation-rights) [Underinsured Motorist Insurance and Subrogation Rights](https:///blog/appellate-law/underinsured-motorist-insurance-and-subrogation-rights) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​State Farm Mutual Automobile Insurance Company v. Kern (Ind. Ct. App. Sept. 20, 2012) The Court of Appeals issued an important decision regarding underinsured motorist insurance and subrogation rights. [Read More](https:///blog/appellate-law/underinsured-motorist-insurance-and-subrogation-rights) [![](https:///Cache/c5f3cf783a4113b9651ec864b9cbdede-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice) [Medical Malpractice](https:///blog/appellate-law/medical-malpractice) By [William A. Ramsey](https:///our-people/william-a-ramsey) This medical malpractice case involves an important issue of law not previously explicitly addressed by Indiana Courts: whether a plaintiff may pursue a claim against a principal based on an apparent agency relationship where the party did not sue the agent and the statute of limitations against the agent has run. [Read More](https:///blog/appellate-law/medical-malpractice) [![](https:///Cache/c98d0cacb82e827f82e36cfa571eb501-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/applicability-of-res-ipsa-loquitur-to-medical-malpractice-cases) [Applicability of res ipsa loquitur to Medical Malpractice Cases](https:///blog/appellate-law/applicability-of-res-ipsa-loquitur-to-medical-malpractice-cases) Smith v. Dermatology Associates of Fort Wayne, P.C.(Ind. Ct. App. Sept. 7, 2012) In this case, the Court of Appeals discussed the applicability of res ipsa loquitur to medical malpractice cases. [Read More](https:///blog/appellate-law/applicability-of-res-ipsa-loquitur-to-medical-malpractice-cases) [![](https:///Cache/3975a3e75d4e31cc4b6f4ebe63ba4099-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice-and-appellate-procedure) [Medical Malpractice and Appellate Procedure](https:///blog/appellate-law/medical-malpractice-and-appellate-procedure) By [William A. Ramsey](https:///our-people/william-a-ramsey) Johnson v. Dr. A (Ind. Ct. App. Aug. 28, 2012) In this medical malpractice case, the Court of Appeals dismissed an appeal on procedural grounds but issued an advisory opinion regarding the discovery of out-of-state non-parties. [Read More](https:///blog/appellate-law/medical-malpractice-and-appellate-procedure) [![](https:///Cache/14f78be7aab0de17a32c81be03845951-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/medical-malpractice-and-nurses-serving-on-medical-review-panels) [Medical Malpractice and Nurses Serving on Medical Review Panels](https:///blog/appellate-law/medical-malpractice-and-nurses-serving-on-medical-review-panels) By [William A. Ramsey](https:///our-people/william-a-ramsey) Curtis v. Miller’s Health Systems (Ind. Ct. App. Aug. 15, 2012) In this medical malpractice case, the Court of Appeals affirmed summary judgment for the defendant healthcare provider and reached an important conclusion regarding a nurse’s ability to offer expert opinion on the standard of care in malpractice suits. [Read More](https:///blog/appellate-law/medical-malpractice-and-nurses-serving-on-medical-review-panels) [![](https:///Cache/e62bfc3d95006f3ff58f94f7c05e4602-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/commercial-litigation-contractor-v-homeowners) [Commercial Litigation: Contractor v. Homeowners](https:///blog/appellate-law/commercial-litigation-contractor-v-homeowners) By [William A. Ramsey](https:///our-people/william-a-ramsey) Thalheimer v. Halum (Ind. Ct. App. Aug. 13, 2012) This case involved a dispute between homeowners and a contractor, whom the homeowners hired to remove carpet and tiles and to install new tiles. [Read More](https:///blog/appellate-law/commercial-litigation-contractor-v-homeowners) [![](https:///Cache/ec0e15950387c8b131bee8331b83c68a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/prenatal-records-and-medical-negligence) [Prenatal Records & Medical Negligence](https:///blog/appellate-law/prenatal-records-and-medical-negligence) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​E.J. v. Okolocha (Ind. Ct. App. Aug. 13, 2012) Parents interested in adopting a child submitted an authorization to a doctor for the child’s mother’s prenatal records. [Read More](https:///blog/appellate-law/prenatal-records-and-medical-negligence) [newer](https:///blog/appellate-law) [1](https:///blog/appellate-law)2[3](https:///blog/appellate-law?Page=3)[4](https:///blog/appellate-law?Page=4)[5](https:///blog/appellate-law?Page=5) [older](https:///blog/appellate-law?Page=3) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Appellate Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law?Page=3 #[Blog](https:///blog) ##Appellate Law [![](https:///Cache/51904f19b27dec2bfd8748ce87898861-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/tactical-decisions-for-trial-counsel) [Tactical Decisions for Trial Counsel](https:///blog/appellate-law/tactical-decisions-for-trial-counsel) By [William A. Ramsey](https:///our-people/william-a-ramsey) In this case, the Court of Appeals affirmed the conviction of Class A child molesting, rejecting the defendant’s argument that the prosecutor’s closing argument constituted fundamental error and that the victim’s testimony was incredibly dubious and therefore insufficient to sustain his conviction. [Read More](https:///blog/appellate-law/tactical-decisions-for-trial-counsel) [![](https:///Cache/ede2f7abafd4017bf61ba8f9e8f751f6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/underinsured-motorist-coverage-provision) [Underinsured Motorist Coverage Provision](https:///blog/appellate-law/underinsured-motorist-coverage-provision) By [William A. Ramsey](https:///our-people/william-a-ramsey) In this case, the Court of Appeals interpreted an Underinsured Motorist (UIM) coverage provision stating that the policy limits of liability are reduced by “a payment made or amount payable because of bodily injury under any workers’ compensation or disability benefits law or any similar law.” [Read More](https:///blog/appellate-law/underinsured-motorist-coverage-provision) [![](https:///Cache/60b76df3ba46a01e8187cfd98b7bcbcf-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/conditions-of-probation-and-parole) [Conditions of Probation and Parole](https:///blog/appellate-law/conditions-of-probation-and-parole) In this case, the Court of Appeals held that although a statute prohibiting sex offenders from living within 1,000 feet of a school could not apply to sex offenders convicted before the statute was enacted, a trial court’s condition of probation prohibiting a sex offender from living within 1,000 feet of a school was valid. [Read More](https:///blog/appellate-law/conditions-of-probation-and-parole) [![](https:///Cache/e53b778513fe414def0ae13af380c5c2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/cross-examination-of-expert-witness) [Cross Examination of Expert Witness](https:///blog/appellate-law/cross-examination-of-expert-witness) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Swammi, Inc. v. Shambaugh, Beck, Kast, Williams, LLP (Ind. Ct. App. July 13, 2012) In this case, the Court of Appeals affirmed a defense verdict in a legal malpractice action. [Read More](https:///blog/appellate-law/cross-examination-of-expert-witness) [![](https:///Cache/01aa01d95bdbf6764603272ec1068643-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/notice-under-the-tort) [Notice Under the Tort](https:///blog/appellate-law/notice-under-the-tort) ​Shoettmer v. Wright (Ind. Ct. App. July 13, 2012) This case addressed the question of whether communicating notice of a claim against a governmental agency to that entity’s insurance company constitutes sufficient notice under Indiana’s tort claims statute. [Read More](https:///blog/appellate-law/notice-under-the-tort) [![](https:///Cache/834502b7b9e80dce86e22a895877b54a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/ineffective-assistance-of-counsel) [Ineffective Assistance of Counsel](https:///blog/appellate-law/ineffective-assistance-of-counsel) ​McWhorter v. State (Ind. Ct. App. July 9, 2012) In this case, the defendant was convicted of voluntary manslaughter after being charged with murder. [Read More](https:///blog/appellate-law/ineffective-assistance-of-counsel) [![](https:///Cache/c3f34ecf0dd716c671e94a83655d2fcc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/child-support) [Child Support](https:///blog/appellate-law/child-support) By [William A. Ramsey](https:///our-people/william-a-ramsey) Hirsch v. Oliver (Ind. June 29, 2012) In this case, the Supreme Court clarified some important issues regarding emancipation and a parent’s obligation to pay child support for post-secondary education expenses. [Read More](https:///blog/appellate-law/child-support) [![](https:///Cache/802f782e36208784250ff7a8698b58fa-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/due-process) [Due Process](https:///blog/appellate-law/due-process) By [William A. Ramsey](https:///our-people/william-a-ramsey) This case involves the often-litigated issue of whether one has a constitutionally protected interest in one’s employment. [Read More](https:///blog/appellate-law/due-process) [![](https:///Cache/a90229ac37ff12cb46aa7a7fb946d311-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/notice-of-tort-claims) [Notice of Tort Claims](https:///blog/appellate-law/notice-of-tort-claims) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​City of Indianapolis v. Buschman (Ind. Ct. App. June 26, 2012) Plaintiffs who are injured by governmental entities must provide notice to those entities within 180 days of the injury or forfeit the claim. [Read More](https:///blog/appellate-law/notice-of-tort-claims) [![](https:///Cache/55fe3ee8cc37515e50b643b6539b81aa-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/obligation-to-pay-child-support) [Obligation to Pay Child Support](https:///blog/appellate-law/obligation-to-pay-child-support) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Ashabranner v. Wilkins (Ind. Ct. App. June 15, 2012) In this case, the Court of Appeals addressed a situation in which a nineteen-year-old child lived with neither parent, received Section 8 housing assistance, worked, and was in the process of beginning college. [Read More](https:///blog/appellate-law/obligation-to-pay-child-support) [![](https:///Cache/68d287dcab532c4cea99435b86278ff0-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/protected-person-statute) [Protected Person Statute](https:///blog/appellate-law/protected-person-statute) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​A.R.M. v. State (Ind. Ct. App. June 7, 2012) In this case, the Court of Appeals addressed the Protected Person Statute, Indiana Code section 35-37-6-6, which governs, among other things, the admission of child testimony by videotape in sex crime cases. [Read More](https:///blog/appellate-law/protected-person-statute) [![](https:///Cache/21b9797988ecccf02dad44d2c86a2c88-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/termination-of-child-support) [Termination of Child Support](https:///blog/appellate-law/termination-of-child-support) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Sexton v. Sexton (Ind. Ct. App. June 8, 2012) This case is the Court of Appeals’ first opportunity to discuss Public Law 111-2012, which will change the presumptive age for termination of child support from twenty-one to nineteen, effective July 1, 2012. [Read More](https:///blog/appellate-law/termination-of-child-support) [![](https:///Cache/be2f1b3ff8bcbd7ad5a5c2049ca29921-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/governmental-liability) [Governmental Liability](https:///blog/appellate-law/governmental-liability) ​W.D. v. City of Nappanee (Ind. Ct. App. June 6, 2012) This case involves a suit brought by a child and his parents against the City of Nappanee following injuries sustained by the child in a near-drowning in the City pool. [Read More](https:///blog/appellate-law/governmental-liability) [![](https:///Cache/4b13c5359c0f9d01038e39b403e73894-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/legal-malpractice) [Legal Malpractice](https:///blog/appellate-law/legal-malpractice) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Perkins v. Stesiak (Ind. Ct. App. May 30, 2012) In this case, the Court of Appeals affirmed a trial court’s grant of summary judgment on the grounds that the plaintiff had no cognizable claim for emotional distress. [Read More](https:///blog/appellate-law/legal-malpractice) [![](https:///Cache/ba48a87df4086b391ab40c1e90c712fa-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/wrongful-death-and-premises-liability) [Wrongful Death and Premises Liability](https:///blog/appellate-law/wrongful-death-and-premises-liability) By [William A. Ramsey](https:///our-people/william-a-ramsey) Adnrousky v. Walter (Ind. Ct. App. May 30, 2012) The Plaintiff in this case filed suit against a landowner after the Plaintiff’s son drowned in the landowner’s pool. [Read More](https:///blog/appellate-law/wrongful-death-and-premises-liability) [![](https:///Cache/6a3bbb18fca036cfcb68c8ee615f494a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/attorney-client-relations) [Attorney-Client Relations](https:///blog/appellate-law/attorney-client-relations) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Myers v. Deets (Ind. Ct. App. May 29, 2012) This case involves a suit by a client against an attorney and the attorney’s partner (“Edward”), firm, and insurance company after the attorney allegedly and improperly failed to refund part of a retainer. [Read More](https:///blog/appellate-law/attorney-client-relations) [![](https:///Cache/a317290e67f83264b79c41834ea70260-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/criminal-procedure) [Criminal Procedure](https:///blog/appellate-law/criminal-procedure) ​​Haste v. State (Ind. Ct. App. May 25, 2012) In this case, a criminal defendant appealed a conviction and sentence for dealing methamphetamine following an order sentencing the defendant to 10 years. [Read More](https:///blog/appellate-law/criminal-procedure) [![](https:///Cache/1f46225dd33d06fbbec5da0403ca2502-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/appellate-law/appellate-procedure-in-re-estate-of-shuler-ind-ct-app-may-25-2012) [Appellate Procedure: In re Estate of Shuler (Ind. Ct. App May 25, 2012)](https:///blog/appellate-law/appellate-procedure-in-re-estate-of-shuler-ind-ct-app-may-25-2012) By [William A. Ramsey](https:///our-people/william-a-ramsey) This case addresses the important issue of whether an order is “final” for purposes of an appeal. [Read More](https:///blog/appellate-law/appellate-procedure-in-re-estate-of-shuler-ind-ct-app-may-25-2012) [![](https:///Cache/8b30eaa3530795d9c29303021eb2e938-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/landlord-tenant-law) [Landlord-Tenant Law](https:///blog/appellate-law/landlord-tenant-law) By [William A. Ramsey](https:///our-people/william-a-ramsey) Reynolds v. Capps (Ind. Ct. App. May 23, 2012) A landlord filed a claim for ejection and past-due rent. No judge appeared at the small claims trial, so a court reporter took down the argument from the parties. [Read More](https:///blog/appellate-law/landlord-tenant-law) [![](https:///Cache/2ca3e2e51ba04fea4b2525eb986186a5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/service-of-pleadings-and-motions) [Service of Pleadings and Motions](https:///blog/appellate-law/service-of-pleadings-and-motions) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Clements v. Hall(Ind. Ct. App. April 24, 2012) In this case, the Court of Appeals reversed a trial court’s denial of a motion for relief from judgment. The defendant’s attorney was not served with the plaintiffs’ summary judgment motion, which the trial court had granted. [Read More](https:///blog/appellate-law/service-of-pleadings-and-motions) [newer](https:///blog/appellate-law?Page=2) [1](https:///blog/appellate-law)[2](https:///blog/appellate-law?Page=2)3[4](https:///blog/appellate-law?Page=4)[5](https:///blog/appellate-law?Page=5) [older](https:///blog/appellate-law?Page=4) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Appellate Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law?Page=4 #[Blog](https:///blog) ##Appellate Law [![](https:///Cache/1cd58f0e9648e591988f1d6b825b68e3-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/insurance-coverage) [Insurance Coverage](https:///blog/appellate-law/insurance-coverage) By [William A. Ramsey](https:///our-people/william-a-ramsey) Omni Insurance Group v. Poage(Ind. Ct. App. April 23, 2012) Parties often litigate the issue of whether a person was a resident of another’s home for purposes of an insurance policy. [Read More](https:///blog/appellate-law/insurance-coverage) [![](https:///Cache/52f8bfa068b5a1bea95283b8372aba61-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/belated-criminal-appeals) [Belated Criminal Appeals](https:///blog/appellate-law/belated-criminal-appeals) By [William A. Ramsey](https:///our-people/william-a-ramsey) Darby v. State (Ind. Ct. App. April 19, 2012) In this criminal appeal, the Court of Appeals affirmed the trial court’s denial of the defendant’s petition to file a belated notice of appeal. [Read More](https:///blog/appellate-law/belated-criminal-appeals) [![](https:///Cache/e44d817126aab45ce98f4a2e92ab53e4-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/appellate-jurisdiction) [Appellate Jurisdiction](https:///blog/appellate-law/appellate-jurisdiction) By [William A. Ramsey](https:///our-people/william-a-ramsey) This case demonstrates the importance of knowing and following appellate procedural rules. [Read More](https:///blog/appellate-law/appellate-jurisdiction) [![](https:///Cache/a7d48ea7f198659bf4f019469877907d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/unemployment-benefits) [Unemployment Benefits](https:///blog/appellate-law/unemployment-benefits) By [William A. Ramsey](https:///our-people/william-a-ramsey) In this case, the Court of Appeals reversed the Review Board’s grant of unemployment benefits, holding that if an employee’s explanation for the behavior that led to termination is a different terminable offense, the employer has just cause to terminate the employee. [Read More](https:///blog/appellate-law/unemployment-benefits) [![](https:///Cache/cf440ae22b547419113c75923a071a94-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/fourth-amendment) [Fourth Amendment](https:///blog/appellate-law/fourth-amendment) By [William A. Ramsey](https:///our-people/william-a-ramsey) This case is Indiana's Court of Appeals' first in-depth discussion of the SCOTUS decision in Arizona v. Johnson, 555 U.S. 323 (2009), which addressed the authority of police officers to conduct pat-down searches of vehicle passengers after routine traffic stops. [Read More](https:///blog/appellate-law/fourth-amendment) [![](https:///Cache/6ea3caf2cca6b3ff13447855a1365d88-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/workers-compensation-exclusivity) [Worker's Compensation Exclusivity](https:///blog/appellate-law/workers-compensation-exclusivity) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​The Estate of Smith v. Stutzman (Ind. Ct. App. March 23, 2012) In this case, the Court of Appeals held that the trial court properly set aside a default judgment entered against an employer on a claim brought by an employee who claimed he was injured due to the employer’s negligence. [Read More](https:///blog/appellate-law/workers-compensation-exclusivity) [![](https:///Cache/309fca0940109e6ef99381dcd90a369e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/duty-for-safety-on-construction-site) [Duty for Safety on Construction Site](https:///blog/appellate-law/duty-for-safety-on-construction-site) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Hunt Construction Group, Inc. v. Garrett (Ind. March 22, 2012) This important construction accident case resulted in two important holdings. [Read More](https:///blog/appellate-law/duty-for-safety-on-construction-site) [![](https:///Cache/66e4cd856ae0df41b3a1e6057215441e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/insurance-coverage-for-pollution) [Insurance Coverage for Pollution](https:///blog/appellate-law/insurance-coverage-for-pollution) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​State Mutual Insurance Company v. Flexdar, Inc. (Ind. March 22, 2012) In a 3-2 decision, our Supreme Court held that the pollution exclusion in the Defendant’s commercial general liability policy was ambiguous and therefore provided coverage for the Plaintiff’s costs of cleaning up trichloroethylene that was present in its soil and groundwater. [Read More](https:///blog/appellate-law/insurance-coverage-for-pollution) [![](https:///Cache/5a8d4fef6b6d76dd655bd396e2016274-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/appellate-attorney-fees) [Appellate Attorney Fees](https:///blog/appellate-law/appellate-attorney-fees) By [William A. Ramsey](https:///our-people/william-a-ramsey) Chaney v. Clarion Health Partners, Inc. (Ind. Ct. App. March 22, 2012) In this case, the Court of Appeals affirmed its initial order awarding appellate fees and costs but modified its published decision based on two errors pointed out by the parties seeking a rehearing. [Read More](https:///blog/appellate-law/appellate-attorney-fees) [![](https:///Cache/49c897e5d86afd611cc90328703ecb4c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/due-process-requirements-for-tax-sales) [Due Process Requirements for Tax Sales](https:///blog/appellate-law/due-process-requirements-for-tax-sales) By [William A. Ramsey](https:///our-people/william-a-ramsey) Marion County Auditor v. Sawmill Creek, LLC (Ind. March 21, 2012) This case discusses the adequacy of notice of a tax sale for property under the U.S. Constitution’s due process clause. [Read More](https:///blog/appellate-law/due-process-requirements-for-tax-sales) [![](https:///Cache/535532b47f4e52350ac7baf0f27677fa-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/civil-jury-instructions) [Civil Jury Instructions](https:///blog/appellate-law/civil-jury-instructions) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​The Laporte Community School Corporation v. Rosales (Ind. March 20, 2012) This child wrongful death case addresses the impropriety of jury instructions regarding a party’s contentions. [Read More](https:///blog/appellate-law/civil-jury-instructions) [![](https:///Cache/726e63012965af4657ef479278e0bfe1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/attorney-discipline) [Attorney Discipline](https:///blog/appellate-law/attorney-discipline) By [William A. Ramsey](https:///our-people/william-a-ramsey) In re Brizzi (Ind. March 12, 2012) The Supreme Court determined that statements made by Carl Brizzi, the former Prosecutor for Marion County, warranted a public reprimand. [Read More](https:///blog/appellate-law/attorney-discipline) [![](https:///Cache/74b4ff5448adf84db5428c2acddec1c7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/indiana-appellate-decision-addressing-the-underinsured-motorist-statute) [Indiana Appellate Decision Addressing the Underinsured Motorist Statute](https:///blog/appellate-law/indiana-appellate-decision-addressing-the-underinsured-motorist-statute) By [William A. Ramsey](https:///our-people/william-a-ramsey) This case is one of several Indiana Appellate decisions addressing the phrase “coverage available for payment to the insured” and the Underinsured Motorist Statute, I.C. §27-7-5-4. [Read More](https:///blog/appellate-law/indiana-appellate-decision-addressing-the-underinsured-motorist-statute) [![](https:///Cache/3b78183bac8e049d37bea1ea67d88889-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/appellate-law/insurance-coverage-for-environmental-cleanup) [Insurance Coverage for Environmental Cleanup](https:///blog/appellate-law/insurance-coverage-for-environmental-cleanup) By [William A. Ramsey](https:///our-people/william-a-ramsey) Insurance coverage dispute regarding coverage for proceedings related to the remediation of contamination at a gas station gave the Court of Appeals the opportunity to discuss the known loss doctrine and the reasonable notice requirement present in most general liability policies. [Read More](https:///blog/appellate-law/insurance-coverage-for-environmental-cleanup) [![](https:///Cache/e6082151858348f62bd51d1cc83f86f3-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/appellate-law/government-employees-free-speech-rights) [Government Employee's Free Speech Rights](https:///blog/appellate-law/government-employees-free-speech-rights) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Messer v. New Albany Police Department (Ind. Ct. App. March 15, 2012) This case addressed the interaction of the First Amendment right to free speech and the government’s authority to regulate the speech of its own employees. [Read More](https:///blog/appellate-law/government-employees-free-speech-rights) [![](https:///Cache/ac76b296fdc8719bdf426a6472176109-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/due-process-in-chins-adjudications) [Due Process in CHINS Adjudications](https:///blog/appellate-law/due-process-in-chins-adjudications) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​In re T.M. (Ind. March 13, 2012) and In re K.D. (Ind. March 13, 2012) These companion cases addressed the procedural due process safeguards required in CHINS cases. Specifically, the cases held that parents who request a contested fact-finding hearing have a constitutional due process right to such a hearing. [Read More](https:///blog/appellate-law/due-process-in-chins-adjudications) [![](https:///Cache/dd47bfb20b2ee1590c9357a4ab4aa554-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/attorney-fees) [Attorney Fees](https:///blog/appellate-law/attorney-fees) By [William A. Ramsey](https:///our-people/william-a-ramsey) R.L. Turner Corporation v. Town of Brownsburg (Ind. March 9, 2012) The Supreme Court clarified that a trial court may permissibly enter an award for attorney fees after it dismisses a claim. [Read More](https:///blog/appellate-law/attorney-fees) [![](https:///Cache/7e9f50129e17ec85572e8ecdf7667ba7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/criminal-jury-instructions) [Criminal Jury Instructions](https:///blog/appellate-law/criminal-jury-instructions) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Garrett v. State (Ind. Ct. App. March 7, 2012) The Court of Appeals held it was reversible error to refuse to instruct the jury on the lesser-included offense of possession of methamphetamine in addition to the charge of dealing methamphetamine. [Read More](https:///blog/appellate-law/criminal-jury-instructions) [![](https:///Cache/5f92658fd443f3a66cd00b231dbc4157-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/police-and-firefighter-disability-fund) [Police and Firefighter Disability Fund](https:///blog/appellate-law/police-and-firefighter-disability-fund) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​Thatcher v. City of Kokomo (Ind. March 6, 2012) In this case, the Indiana Supreme Court answered two certified questions from the United States District Court for the Southern District of Indiana regarding the 1977 Fund, a disability and pension fund for police officers and firefighters [Read More](https:///blog/appellate-law/police-and-firefighter-disability-fund) [![](https:///Cache/3480a409b3d27ab029cf23075d9194e4-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/personal-jurisdiction) [Personal Jurisdiction](https:///blog/appellate-law/personal-jurisdiction) By [William A. Ramsey](https:///our-people/william-a-ramsey) Davis v. Simon (Ind. Ct. App. Feb. 29, 2012) This case involves the oft-litigated issue of personal jurisdiction. [Read More](https:///blog/appellate-law/personal-jurisdiction) [newer](https:///blog/appellate-law?Page=3) [1](https:///blog/appellate-law)[2](https:///blog/appellate-law?Page=2)[3](https:///blog/appellate-law?Page=3)4[5](https:///blog/appellate-law?Page=5) [older](https:///blog/appellate-law?Page=5) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Appellate Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law?Page=5 #[Blog](https:///blog) ##Appellate Law [![](https:///Cache/470312c6959b02ed04cee89d37a26f30-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/underinsured-motorists-coverage) [Underinsured Motorists Coverage](https:///blog/appellate-law/underinsured-motorists-coverage) By [William A. Ramsey](https:///our-people/william-a-ramsey) Hanna v. Indiana Farms Mutual Insurance Company (Ind. Ct. App. Feb. 29, 2012) This case involves an underinsured motorists (UIM) claim brought by the parents of a child killed in a two-car collision during a drag race. [Read More](https:///blog/appellate-law/underinsured-motorists-coverage) [![](https:///Cache/b1606b9f326a0811bea750fb0c546162-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/motorists-duty-to-other-motorists) [Motorist's Duty to other Motorists](https:///blog/appellate-law/motorists-duty-to-other-motorists) By [William A. Ramsey](https:///our-people/william-a-ramsey) Brown v. Hamilton (Ind. Ct. App. Feb. 28, 2012)The Court of Appeals held that a driver who signals to a second driver that it is safe to proceed owes a duty to a third motorist who is injured because of the second driver’s reasonable reliance on the signaling driver. [Read More](https:///blog/appellate-law/motorists-duty-to-other-motorists) [![](https:///Cache/a0111123715532b0b32ab3ae291de958-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/batson-challenges) [Batson Challenges](https:///blog/appellate-law/batson-challenges) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Supreme Court handed down an interesting and important decision regarding Batson challenges in Addison v. State. [Read More](https:///blog/appellate-law/batson-challenges) [![](https:///Cache/aad8d86b8a816bd83be22197fede1f58-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/criminal-sentencing) [Criminal Sentencing](https:///blog/appellate-law/criminal-sentencing) By [William A. Ramsey](https:///our-people/william-a-ramsey) Abbott v. State. The Supreme Court, in a 3-2 decision, revised a criminal defendant’s sentence from 20 years to 12 years. The defendant, who represented himself on transfer, was convicted of possessing cocaine within 1,000 feet of a school following a traffic stop. [Read More](https:///blog/appellate-law/criminal-sentencing) [![](https:///Cache/2c9c78974649338f7ce1df59835227be-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/online-privacy) [Online Privacy](https:///blog/appellate-law/online-privacy) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Court of Appeals addressed an important issue – a newspaper’s obligation to reveal the identity of one who has commented on an online news story where the commentator’s statements were arguably defamatory. [Read More](https:///blog/appellate-law/online-privacy) [![](https:///Cache/248bddee92abf0532b520d247bfc7471-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/notice-pleading) [Notice Pleading](https:///blog/appellate-law/notice-pleading) By [William A. Ramsey](https:///our-people/william-a-ramsey) ​ARC Construction Management, LLC v. Zelenak (Ind. Ct. App. Feb. 27, 2012) This case demonstrates the difficulties Indiana’s notice pleading rule sometimes causes parties seeking summary judgment. [Read More](https:///blog/appellate-law/notice-pleading) [![](https:///Cache/09db9d42a57bb37b02ec28c904c52f44-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/appellate-law/interlocutory-appeals-and-appellate-jurisdiction) [Interlocutory Appeals and Appellate Jurisdiction](https:///blog/appellate-law/interlocutory-appeals-and-appellate-jurisdiction) By [William A. Ramsey](https:///our-people/william-a-ramsey) In re Indiana Newspapers v. Miller (Ind. Ct. App. Jan 18, 2012) Latest decision from the Court of Appeals regarding the Indianapolis Star’s attempt to appeal a discovery order issued by the Marion Superior Court. [Read More](https:///blog/appellate-law/interlocutory-appeals-and-appellate-jurisdiction) [newer](https:///blog/appellate-law?Page=4) [1](https:///blog/appellate-law)[2](https:///blog/appellate-law?Page=2)[3](https:///blog/appellate-law?Page=3)[4](https:///blog/appellate-law?Page=4)5 ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Cybersecurity | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/cybersecurity #[Blog](https:///blog) ##Cybersecurity [![](https:///Cache/684da690678596c073e1fff882cad49a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/its-the-holiday-season-and-data-breaches-are-coming-to-town) [It’s the Holiday Season, and Data Breaches are Coming to Town](https:///blog/cybersecurity/its-the-holiday-season-and-data-breaches-are-coming-to-town) Cyber-attacks are common during the holidays since employees are out of the office and traveling employees use public networks, making businesses vulnerable. [Read More](https:///blog/cybersecurity/its-the-holiday-season-and-data-breaches-are-coming-to-town) [![](https:///Cache/ad37c370b705a185c52e439c063a52eb-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/preparing-your-businesss-privacy-policy-for-the-california-privacy-rights-act) [Preparing Your Business’s Privacy Policy for the California Privacy Rights Act](https:///blog/cybersecurity/preparing-your-businesss-privacy-policy-for-the-california-privacy-rights-act) Business owners in all states should be aware of laws and initiatives as they develop to ensure they are in compliance and to avoid fines or lawsuits. California has proven to hold businesses to the strictest standard in the United States in protecting their citizens’ data privacy with the introduction of the California Consumer Protection Act (CCPA) in 2018, and the California Privacy Rights Act (CPRA), which will take effect January 1, 2023. [Read More](https:///blog/cybersecurity/preparing-your-businesss-privacy-policy-for-the-california-privacy-rights-act) [![](https:///Cache/76f85c1b980422aa80a210ef75f4caab-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses) [Privacy Laws and Cybersecurity Issues for Businesses](https:///blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses) More businesses today are suffering from cybersecurity data breaches that compromise valuable data. Every business should have an understanding of privacy laws and cybersecurity issues and their implication on operations. [Read More](https:///blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses) [![](https:///Cache/993789dc7d3175a8c3994dc02314a542-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/molitoris-earns-certification-from-the-international-association-of-privacy-professionals) [Molitoris Earns Certification from the International Association of Privacy Professionals](https:///blog/cybersecurity/molitoris-earns-certification-from-the-international-association-of-privacy-professionals) Justin Molitoris, a business and corporate law attorney, obtained the CIPP/US certification from the International Association of Privacy Professionals identifying him as a certified information privacy professional. This certification demonstrates his familiarity with the federal, state and regulatory legal framework of the United States relating to information privacy and cybersecurity. [Read More](https:///blog/cybersecurity/molitoris-earns-certification-from-the-international-association-of-privacy-professionals) [![](https:///Cache/ab58597b63afafae543dc775e064f21e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/cybersecurity-basics-in-an-ever-connected-world) [Cybersecurity Basics in an Ever-Connected World](https:///blog/cybersecurity/cybersecurity-basics-in-an-ever-connected-world) By [Justin T. Molitoris](https:///our-people/justin-t-molitoris) Data and privacy are increasing concerns in today’s business environment. Many states and foreign governments have passed legislation that attempts to address some potential risks existing in our hyper-cyber environment. [Read More](https:///blog/cybersecurity/cybersecurity-basics-in-an-ever-connected-world) [![](https:///Cache/f89d5e243302b24dd7fe69b3b49a013e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/cybersecurity/fraud-prevention-resources-for-unemployment-insurance) [Fraud Prevention Resources for Unemployment Insurance](https:///blog/cybersecurity/fraud-prevention-resources-for-unemployment-insurance) By [James J. O'Connor](https:///our-people/james-j-oconnor) U.S. Department of Labor (DOL) released updated resources for employers, employees, and states to prevent fraud or misuse in the unemployment insurance system, including the new unemployment insurance programs under the Coronavirus Aid, Relief and Economic Security (CARES) Act. [Read More](https:///blog/cybersecurity/fraud-prevention-resources-for-unemployment-insurance) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Family Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law #[Blog](https:///blog) ##Family Law [![](https:///Cache/2ac0e3bb54234ecca6c1ca22b4b1a927-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/understanding-uccjea-jurisdiction-in-custody-and-parenting-time-cases) [Understanding UCCJEA Jurisdiction in Custody and Parenting Time Cases](https:///blog/family-law/understanding-uccjea-jurisdiction-in-custody-and-parenting-time-cases) By [Kayte L. Geist](https:///our-people/kayte-l-geist) Learn how the UCCJEA determines which state has jurisdiction in child custody cases and why it matters for parents navigating custody or parenting time disputes. [Read More](https:///blog/family-law/understanding-uccjea-jurisdiction-in-custody-and-parenting-time-cases) [![](https:///Cache/7d20b6ebc24f618790f0f631595a5eb6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/geist-joins-family-law-team) [Geist Joins Family Law Team](https:///blog/family-law/geist-joins-family-law-team) ​Barrett McNagny LLP is pleased to announce that ​Kayte Geist has joined the firm. Ms. Geist will focus her practice in the family law area. [Read More](https:///blog/family-law/geist-joins-family-law-team) [![](https:///Cache/6f1bd01d1d5187c400ba029a8140e072-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/szaferski-is-a-certified-family-law-specialist) [Szaferski is a Certified Family Law Specialist](https:///blog/family-law/szaferski-is-a-certified-family-law-specialist) ​Barrett McNagny is proud to announce that family law attorney Emily S. Szaferski has successfully completed the Family Law Certification program and is now a Certified Family Law Specialist. [Read More](https:///blog/family-law/szaferski-is-a-certified-family-law-specialist) [![](https:///Cache/331983196baf5fff3d0b84e71c79bb30-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/changes-to-indiana-child-support-guidelines) [Changes to Indiana Child Support Guidelines](https:///blog/family-law/changes-to-indiana-child-support-guidelines) Whether you're a parent establishing paternity or dealing with post-dissolution matters, it's important to know how much you'll pay and receive in child support. [Read More](https:///blog/family-law/changes-to-indiana-child-support-guidelines) [![](https:///Cache/35b94f5af3691cb783606f3296d7826a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/parenting-during-the-holidays-after-divorce) [Parenting During the Holidays after Divorce](https:///blog/family-law/parenting-during-the-holidays-after-divorce) By [Maria A. Mirande](https:///our-people/maria-a-mirande) Arranging parenting time during the holidays can often be even more stressful than during “normal” times. While the holidays can be difficult for parents to [Read More](https:///blog/family-law/parenting-during-the-holidays-after-divorce) [![](https:///Cache/770cfd50a0bd3abf9cd3e7c7c38c154d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/shared-parenting-what-is-required-to-successfully-co-parent-my-children) [Shared Parenting: What is required to successfully co-parent my child(ren)?](https:///blog/family-law/shared-parenting-what-is-required-to-successfully-co-parent-my-children) By [Sadie L. Dillon-Baatz](https:///) Everyone is always talking about this concept of co-parenting, and why parents should co-parent their child(ren). The Indiana Parenting Time Guidelines were modified to provide some guidance on co-parenting and the new concept of Shared Parenting. [Read More](https:///blog/family-law/shared-parenting-what-is-required-to-successfully-co-parent-my-children) [![](https:///Cache/db4f514e3fe1298393f265e2dda4be1d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/what-is-a-guardian-ad-litem-and-what-do-they-do) [What is a Guardian Ad Litem and what do they do?](https:///blog/family-law/what-is-a-guardian-ad-litem-and-what-do-they-do) What is a Guardian Ad Litem is and what their role is in family law matters. [Read More](https:///blog/family-law/what-is-a-guardian-ad-litem-and-what-do-they-do) [![](https:///Cache/7f88c939e2fcff3eb5dd8dc545c27a7a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/the-adoption-process-in-indiana) [The Basic Adoption Process in Indiana](https:///blog/family-law/the-adoption-process-in-indiana) Even when an adoption is uncontested, it is important to follow the statutory procedure so that the adoption is completed properly and that there are no errors and that, following the necessary hearing, your child is officially and legally yours. [Read More](https:///blog/family-law/the-adoption-process-in-indiana) [![](https:///Cache/ce8ea4ddcb77ef07f193f77f0fb4ed6b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/military-divorce-documents-that-need-to-be-reviewed-for-military-retirement-benefits) [Military Divorce: Documents that Need to be Reviewed for Military Retirement Benefits](https:///blog/family-law/military-divorce-documents-that-need-to-be-reviewed-for-military-retirement-benefits) By [Sadie L. Dillon-Baatz](https:///) Indiana is a “one pot” state, in which all assets owned by the parties at the time of divorce are considered marital assets that will be divided in some fashion between the parties, either by the Court or by agreement. Retirement benefits are often an important component of a marital property division or settlement agreement. [Read More](https:///blog/family-law/military-divorce-documents-that-need-to-be-reviewed-for-military-retirement-benefits) [![](https:///Cache/1535bcebe07808af46e20a13bd8272d0-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting) [Preparing to Meet Your Family Law Attorney: What should you bring to your first meeting?](https:///blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting) Family law attorneys understand that going through the process of getting a divorce can be quite an ordeal. It is an emotional time that can involve disputes about marital property, child custody, or other personal issues. [Read More](https:///blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Economic Development Financing | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/finance #[Blog](https:///blog) ##Economic Development Financing [![](https:///Cache/25f6a77c6b324bb820a8e38ed74dfcb8-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/finance/opportunity-zones) [Opportunity Zones](https:///blog/finance/opportunity-zones) Opportunity Zones were established by the Tax Cuts and Jobs Act of 2017 § 1400Z and are low-income census tracts that are nominated for that designation by each State’s Executive Officer and certified by the U.S. Department of Treasury. They offer preferential tax treatment for new investments in these zones. [Read More](https:///blog/finance/opportunity-zones) [![](https:///Cache/9cd8f8d91df75c51c9feeb14cb550cfe-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities) [A Role For State Tax Credits In The Redevelopment Of Economically Distressed Communities](https:///blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities) Economic development, redevelopment, and rehabilitation of abandoned and/or distressed industrial and commercial sites as well as economically challenged and underserved communities is on the rise in Fort Wayne and elsewhere in the Northeast Indiana region. [Read More](https:///blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities) [![](https:///Cache/a43a845ead63b1896f275cfe605bdc62-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) [A Role For Federal Tax Credits In The Redevelopment Of Economically Distressed Communities](https:///blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) By [Richard E. Fox](https:///our-people/richard-e-fox) Economic development, redevelopment, and rehabilitation of abandoned and/or distressed industrial and commercial sites as well as economically challenged and underserved communities is on the rise in Fort Wayne and elsewhere in Northeast Indiana. [Read More](https:///blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Estate Planning & Administration | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration #[Blog](https:///blog) ##Estate Planning & Administration [](https:///blog/estate-planning-and-administration/changes-to-the-federal-estate-and-gift-tax-laws) [Changes to the Federal Estate and Gift Tax Laws](https:///blog/estate-planning-and-administration/changes-to-the-federal-estate-and-gift-tax-laws) The One Big Beautiful Bill Act permanently raises estate, gift, and GST tax exemptions to $15M per person, indexed for inflation. [Read More](https:///blog/estate-planning-and-administration/changes-to-the-federal-estate-and-gift-tax-laws) [](https:///blog/estate-planning-and-administration/3-tips-for-every-new-homeowner) [3 Tips for Every New Homeowner](https:///blog/estate-planning-and-administration/3-tips-for-every-new-homeowner) Whether you’re buying your first home or upgrading or downsizing your current one, it’s crucial to be well-prepared for what comes after the homebuying process. [Read More](https:///blog/estate-planning-and-administration/3-tips-for-every-new-homeowner) [![](https:///Cache/c762ebe279528576eef08b2b2b042273-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/reviewing-your-estate-plan-after-the-death-of-a-loved-one) [Reviewing Your Estate Plan after the Death of a Loved One](https:///blog/estate-planning-and-administration/reviewing-your-estate-plan-after-the-death-of-a-loved-one) After losing a loved one, it’s important to review and update your estate plan, considering these key questions to ensure they reflect your current wishes. [Read More](https:///blog/estate-planning-and-administration/reviewing-your-estate-plan-after-the-death-of-a-loved-one) [![](https:///Cache/06540bbf1ff70b484ccd90aaff0ad35a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/how-to-make-your-inheritance-last) [How to Make Your Inheritance Last](https:///blog/estate-planning-and-administration/how-to-make-your-inheritance-last) About one-third of Americans who had received an inheritance eventually experienced a decrease or no change in their wealth. [Read More](https:///blog/estate-planning-and-administration/how-to-make-your-inheritance-last) [![](https:///Cache/974a37daa797f4c26a0c653501f305b1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/estate-planning-getting-your-affairs-in-order-and-giving-through-bequests) [Estate Planning: Getting Your Affairs in Order and Giving Through Bequests](https:///blog/estate-planning-and-administration/estate-planning-getting-your-affairs-in-order-and-giving-through-bequests) By utilizing bequests as part of your estate plan, you can leave a meaningful impact on the lives you care about and causes you believe in. [Read More](https:///blog/estate-planning-and-administration/estate-planning-getting-your-affairs-in-order-and-giving-through-bequests) [![](https:///Cache/add0b6b4f840d722e5bbea4eaf6d10d5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/estate-planning-team-welcomes-brian-downey) [Estate Planning Team Welcomes Brian Downey](https:///blog/estate-planning-and-administration/estate-planning-team-welcomes-brian-downey) Barrett McNagny LLP is pleased to announce that Brian J. Downey has joined the firm. Mr. Downey will focus his practice in the areas of estate planning and [Read More](https:///blog/estate-planning-and-administration/estate-planning-team-welcomes-brian-downey) [![](https:///Cache/cceb6cc8f30b35de0857b557c71e1be2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/what-is-the-difference-between-medicare-and-medicaid) [What is the Difference Between Medicare and Medicaid?](https:///blog/estate-planning-and-administration/what-is-the-difference-between-medicare-and-medicaid) Medicare and Medicaid are two different government programs for healthcare. It is important to understand the difference between them. [Read More](https:///blog/estate-planning-and-administration/what-is-the-difference-between-medicare-and-medicaid) [![](https:///Cache/4a36bd97cf0beb68c3532a6b34350a68-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/powers-of-attorney-and-appointments-of-health-care-representative) [Powers of Attorney and Appointments of Health Care Representative- Why are they important?](https:///blog/estate-planning-and-administration/powers-of-attorney-and-appointments-of-health-care-representative) While neither Power of Attorney nor Legal Health Care Representative are the focal point of an estate plan, they are both necessary to complete an estate plan. [Read More](https:///blog/estate-planning-and-administration/powers-of-attorney-and-appointments-of-health-care-representative) [![](https:///Cache/c611951d3938925e9aee832c7f658846-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/no-contest-provisions) [No Contest Provisions](https:///blog/estate-planning-and-administration/no-contest-provisions) There are times when a beneficiary of an estate or trust may want to challenge the terms of the will or trust. In order to avoid a challenge, the will or trust may include a “no contest” provision. [Read More](https:///blog/estate-planning-and-administration/no-contest-provisions) [![](https:///Cache/59c12e006542a151c2da12c4a3dcd936-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/decanting-or-when-an-irrevocable-trust-is-not-irrevocable) [DECANTING (or when an Irrevocable Trust is not irrevocable)](https:///blog/estate-planning-and-administration/decanting-or-when-an-irrevocable-trust-is-not-irrevocable) What if you created an irrevocable trust years ago that does not work today? [Read More](https:///blog/estate-planning-and-administration/decanting-or-when-an-irrevocable-trust-is-not-irrevocable) [![](https:///Cache/2e5609d10e439b9742f804810297ad43-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/tax-cuts-and-jobs-act-of-2017-and-estate-planning) [Tax Cuts and Jobs Act of 2017 and Estate Planning](https:///blog/estate-planning-and-administration/tax-cuts-and-jobs-act-of-2017-and-estate-planning) On December 22, 2017, the President signed the Tax Cuts and Jobs Act of 2017 (the “Act”), which has a significant effect on federal tax laws. [Read More](https:///blog/estate-planning-and-administration/tax-cuts-and-jobs-act-of-2017-and-estate-planning) [![](https:///Cache/2ed5657641fdc49c69156e479e029914-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/estate-planning-and-administration/common-estate-planning-questions) [Common Estate Planning Questions](https:///blog/estate-planning-and-administration/common-estate-planning-questions) By [Philip A. Wagler](https:///our-people/philip-a-wagler) Even though an estate plan is customized for each circumstance, there are questions that you should always consider with an estate planning attorney. [Read More](https:///blog/estate-planning-and-administration/common-estate-planning-questions) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Intellectual Property Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/intellectual-property-law #[Blog](https:///blog) ##Intellectual Property Law [![](https:///Cache/f4d924cbe243308b5f44a12639691974-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/intellectual-property-law/fleck-to-present-at-intellectual-property-seminar) [Fleck to Present at Intellectual Property Seminar](https:///blog/intellectual-property-law/fleck-to-present-at-intellectual-property-seminar) Connor Fleck will be a presenter at an Intellectual Property Seminar on September 20, 2023 at the Northeast Indiana Innovation Center. [Read More](https:///blog/intellectual-property-law/fleck-to-present-at-intellectual-property-seminar) [![](https:///Cache/42428c155b165e5f27ac419d78cdcecc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/intellectual-property-law/intellectual-property-team-adds-second-patent-attorney) [Intellectual Property Team Adds Second Patent Attorney](https:///blog/intellectual-property-law/intellectual-property-team-adds-second-patent-attorney) Connor Fleck has passed the U.S. Patent and Trademark Office Registration Examination for Patent Attorneys. Mr. Fleck will be able to represent clients in matters before the U.S. Patent Office, including the filing and prosecution of patent applications. He joins registered patent attorney George Pappas in being able to represent clients before the U.S. Patent Office. [Read More](https:///blog/intellectual-property-law/intellectual-property-team-adds-second-patent-attorney) [![](https:///Cache/1decce885959335853d5d39b0575ed1f-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/intellectual-property-law/can-i-use-that-protecting-your-business-from-copyright-litigation) [Can I use that? – Protecting your business from copyright litigation](https:///blog/intellectual-property-law/can-i-use-that-protecting-your-business-from-copyright-litigation) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Internet is filled with readily accessible and downloadable images and written content. A common misconception exists that the public nature of this information makes it fair game for reproduction and use. [Read More](https:///blog/intellectual-property-law/can-i-use-that-protecting-your-business-from-copyright-litigation) [![](https:///Cache/09b9fd23dd1fe744f7c75b0ad2525e62-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/intellectual-property-law/pappas-joins-barrett-mcnagny) [Pappas Joins Barrett McNagny](https:///blog/intellectual-property-law/pappas-joins-barrett-mcnagny) George Pappas, a registered patent attorney, has joined Barrett McNagny as a partner. [Read More](https:///blog/intellectual-property-law/pappas-joins-barrett-mcnagny) [![](https:///Cache/64a20771cc457c2ba32f815a7c47c434-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/intellectual-property-law/what-is-a-patent) [What Is a Patent?](https:///blog/intellectual-property-law/what-is-a-patent) A patent is a “deal” between inventors and the federal government that protects the inventor from others from making, using or selling their invention. [Read More](https:///blog/intellectual-property-law/what-is-a-patent) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Securities Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/securities #[Blog](https:///blog) ##Securities Law [![](https:///Cache/fca52d3da7dfb90cc4b54fb3c7405ffc-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/business-and-corporate-law/securities/recent-changes-to-the-intrastate-exemption-for-sale-of-securities) [Recent Changes to the Intrastate Exemption for Sale of Securities](https:///blog/business-and-corporate-law/securities/recent-changes-to-the-intrastate-exemption-for-sale-of-securities) By [Justin T. Molitoris](https:///our-people/justin-t-molitoris) Securities are governed by a multi-layered framework of federal and state laws. When a security is sold, it must either be registered or be exempt from registration under federal and applicable state law. [Read More](https:///blog/business-and-corporate-law/securities/recent-changes-to-the-intrastate-exemption-for-sale-of-securities) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Alternative Dispute Resolution | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution #[Blog](https:///blog) ##Alternative Dispute Resolution [![](https:///Cache/df5b886bb2712d7c13551a1edefb64e8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/fitzharris-selected-fellow-of-the-litigation-counsel-of-america) [Fitzharris Selected Fellow of the Litigation Counsel of America](https:///blog/litigation/alternative-dispute-resolution/fitzharris-selected-fellow-of-the-litigation-counsel-of-america) Kevin K. Fitzharris of Barrett McNagny LLP has been selected as a Fellow of the Litigation Counsel of America. [Read More](https:///blog/litigation/alternative-dispute-resolution/fitzharris-selected-fellow-of-the-litigation-counsel-of-america) [![](https:///Cache/7478fd398031aecf7df60b5d87dc1f73-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/the-top-ten-most-common-frustrations-of-mediation) [The Top Ten Most Common Frustrations of Mediation](https:///blog/litigation/alternative-dispute-resolution/the-top-ten-most-common-frustrations-of-mediation) For most litigants, mediation has become their day in court, which is a big deal! Let's explore some common frustrations associated with mediation and tips on how to avoid them. [Read More](https:///blog/litigation/alternative-dispute-resolution/the-top-ten-most-common-frustrations-of-mediation) [![](https:///Cache/0e777f8796064e51c291195c8fcde2bb-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) [What Happens After Mediation](https:///blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) By [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris) Hear from a Mediator's perspective on what happens after a mediation settlement and what next steps look like. Need a mediator? Contact Barrett McNagny today. [Read More](https:///blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) [![](https:///Cache/382626cf17e80d1e71d60ac9fd6a5f60-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) [What Happens At Mediation](https:///blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) By [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris) Part 2 of a 3-part series of articles by mediator Kevin Fitzharris that provide helpful tips from his perspective as a mediator. This article provides helpful tips for attorneys to help facilitate settlement during the mediation process. [Read More](https:///blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) [![](https:///Cache/98b8d01975e6bdcfcdf34fc536c4c55c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) [What Happens Before Mediation](https:///blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) By [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris) Part 1 of a 3-part series of articles by mediator Kevin Fitzharris that provide helpful tips from his perspective as a mediator. This article discusses how to handle postponement of a mediation and the confidential mediation statement. [Read More](https:///blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) [![](https:///Cache/14d9d6e35259f635d9fdd44b370dff51-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work) [Mediation: What is it and how does it work?](https:///blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work) By [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris) Mediation is a way to resolve a dispute before a judge or jury makes the ultimate decision. Most judges won’t schedule a trial until a mediation session occurs. [Read More](https:///blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work) [![](https:///Cache/b4f925c21b9c4f75d55ea3c17eea4ca7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/kevin-k-fitzharris-inducted-into-the-national-academy-of-distinguished-neutrals) [Kevin K. Fitzharris inducted into the National Academy of Distinguished Neutrals](https:///blog/litigation/alternative-dispute-resolution/kevin-k-fitzharris-inducted-into-the-national-academy-of-distinguished-neutrals) Barrett McNagny LLP is pleased to announce that Kevin K. Fitzharris has been inducted into the National Academy of Distinguished Neutrals (NADN). [Read More](https:///blog/litigation/alternative-dispute-resolution/kevin-k-fitzharris-inducted-into-the-national-academy-of-distinguished-neutrals) [![](https:///Cache/3926be08adf4157f46324075e6317bcd-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution) [What Is Alternative Dispute Resolution?](https:///blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution) By [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris) Alternative Dispute Resolution (ADR) provides parties five alternatives to resolve disputes out of court without the need of a formal trial. [Read More](https:///blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # News | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news #[Blog](https:///blog) ##News [](https:///blog/news/attorneys-recognized-in-2026-indiana-super-lawyers-publication) [​Attorneys Recognized in 2026 Indiana Super Lawyers Publication](https:///blog/news/attorneys-recognized-in-2026-indiana-super-lawyers-publication) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2026. [Read More](https:///blog/news/attorneys-recognized-in-2026-indiana-super-lawyers-publication) [![](https:///Cache/6a870198b5d6de7b1714dafb840f3a18-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/cohen-elected-chair-of-the-executive-committee) [Cohen Elected Chair of the Executive Committee](https:///blog/news/cohen-elected-chair-of-the-executive-committee) H. Joseph Cohen has been elected to serve as the Chair of the firm's Executive Committee for 2026. He will serve alongside Mark Bains, George Pappas, William Ramsey and Jeffrey Woenker. [Read More](https:///blog/news/cohen-elected-chair-of-the-executive-committee) [![](https:///Cache/9e924293047de8672c85cfdaaa1316b3-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/news/barrett-mcnagny-llp-listed-in-2026-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2026 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2026-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2026 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2026-best-law-firms-rankings) [![](https:///Cache/5ab5de406f169e35d3f65e40fdc4986c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fitzharris-elected-to-board-of-governors) [Fitzharris Elected to Board of Governors](https:///blog/news/fitzharris-elected-to-board-of-governors) Kevin K. Fitzharris has been elected to a 2-year term on the Indiana State Bar Association (ISBA) Board of Governors, the governing body for the Association. [Read More](https:///blog/news/fitzharris-elected-to-board-of-governors) [![](https:///Cache/25272b0bd3a5dbfe1433ecf8ef05dad6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/talarico-named-alumnus-of-the-year) [Talarico Named Alumnus of the Year](https:///blog/news/talarico-named-alumnus-of-the-year) Sam Talarico has been named Alumnus of the Year by Bishop Dwenger High School as part of their 2025 Hall of Fame Inductess. [Read More](https:///blog/news/talarico-named-alumnus-of-the-year) [](https:///blog/news/attorneys-listed-in-the-2026-best-lawyers-in-america-ones-to-watch) [Attorneys Listed in The 2026 Best Lawyers in America: Ones to Watch](https:///blog/news/attorneys-listed-in-the-2026-best-lawyers-in-america-ones-to-watch) Barrett McNagny LLP is proud to announce that seven firm attorneys who were selected by their peers for inclusion in The 2026 Best Lawyers in America®: Ones to Watch in their respective practice areas. [Read More](https:///blog/news/attorneys-listed-in-the-2026-best-lawyers-in-america-ones-to-watch) [](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2026) [Attorneys Recognized in The Best Lawyers in America 2026](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2026) Barrett McNagny LLP is proud to announce the following 25 firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2026 in their respective practice areas [Read More](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2026) [![](https:///Cache/ca6cc0f583f125650c41d24e9a7ac686-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/news/2025-indiana-legislative-update-new-laws-to-take-effect-july-1) [2025 Indiana Legislative Update: New Laws to Take Effect July 1](https:///blog/news/2025-indiana-legislative-update-new-laws-to-take-effect-july-1) 2025 Indiana legislative session recap: key new laws on property taxes, education, healthcare, and juvenile law taking effect July 1. [Read More](https:///blog/news/2025-indiana-legislative-update-new-laws-to-take-effect-july-1) [](https:///blog/news/barrett-welcomes-summer-clerks) [Barrett Welcomes Summer Clerks](https:///blog/news/barrett-welcomes-summer-clerks) We are pleased to announce that Jack Britten, Corbyn Fry, and Collin Kinniry have joined the firm as summer law clerks. [Read More](https:///blog/news/barrett-welcomes-summer-clerks) [![](https:///Cache/d584049fa2fbde57bfe1d71a3e015e77-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/molitoris-featured-in-the-indiana-lawyers-2025-leadership-in-law-publication) [Molitoris Featured in The Indiana Lawyer's 2025 Leadership in Law Publication](https:///blog/news/molitoris-featured-in-the-indiana-lawyers-2025-leadership-in-law-publication) Justin Molitoris was selected as an "Up and Coming Lawyer" in The Indiana Lawyer's 2025 Leadership in Law publication. [Read More](https:///blog/news/molitoris-featured-in-the-indiana-lawyers-2025-leadership-in-law-publication) [![](https:///Cache/b9758f52a24abf7b83c8a57727296ac1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/bains-admitted-to-ohio-bar) [Bains Admitted to Ohio Bar](https:///blog/news/bains-admitted-to-ohio-bar) Mark H. Bains has been admitted to practice law in the state of Ohio, focusing on real estate law. [Read More](https:///blog/news/bains-admitted-to-ohio-bar) [](https:///blog/news/firm-attorneys-listed-in-indiana-super-lawyers-for-2025) [Firm Attorneys Listed in Indiana Super Lawyers for 2025](https:///blog/news/firm-attorneys-listed-in-indiana-super-lawyers-for-2025) Barrett McNagny LLP is proud to announce that ten attorneys were listed in the Indiana Super Lawyers publication for 2025. [Read More](https:///blog/news/firm-attorneys-listed-in-indiana-super-lawyers-for-2025) [![](https:///Cache/dc4ad449d1446f258773c3b057e8a18f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/ramsey-elected-managing-partner-of-executive-committee) [Ramsey Elected Managing Partner of Executive Committee](https:///blog/news/ramsey-elected-managing-partner-of-executive-committee) Barrett McNagny LLP is pleased to announce William A. Ramsey has been elected to serve as Chair of the firm’s Executive Committee for 2025. [Read More](https:///blog/news/ramsey-elected-managing-partner-of-executive-committee) [](https:///blog/news/downey-elected-partner) [Downey Elected Partner](https:///blog/news/downey-elected-partner) Barrett McNagny LLP is pleased to announce the election of Brian J. Downey as Partner, effective January 1, 2025. [Read More](https:///blog/news/downey-elected-partner) [](https:///blog/news/barrett-mcnagny-llp-listed-in-2025-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2025 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2025-best-law-firms-rankings) Barrett McNagny LLP is proud to be ranked in the 2025 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2025-best-law-firms-rankings) [](https:///blog/news/frandsen-and-ostermeyer-join-barrett-mcnagny) [Frandsen and Ostermeyer Join Barrett McNagny](https:///blog/news/frandsen-and-ostermeyer-join-barrett-mcnagny) ​John Frandsen and ​Lewis Ostermeyer have joined the firm and will focus their practices in the areas of mergers & acquisitions and corporate law. [Read More](https:///blog/news/frandsen-and-ostermeyer-join-barrett-mcnagny) [![](https:///Cache/a89defa1d4451962e7ba6a06789163f1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/lawyers-of-the-year-best-lawyers-in-america) ["Lawyers of the Year" Best Lawyers in America](https:///blog/news/lawyers-of-the-year-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that four firm attorneys were selected for The Best Lawyers in America® 2025 as “Lawyer of the Year”. [Read More](https:///blog/news/lawyers-of-the-year-best-lawyers-in-america) [![](https:///Cache/90933d14abe869f0cf30a99274328c6b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/local-attorneys-recognized-in-2025-best-lawyers-in-america) [Local Attorneys Recognized in 2025 Best Lawyers® in America](https:///blog/news/local-attorneys-recognized-in-2025-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that 25 firm attorneys were included in The Best Lawyers in America® 2025 in their respective practice areas. [Read More](https:///blog/news/local-attorneys-recognized-in-2025-best-lawyers-in-america) [![](https:///Cache/03a9883eee1b030fbab9517a9817cc67-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/the-2025-best-lawyers-in-america-ones-to-watch) [The 2025 Best Lawyers in America: Ones to Watch](https:///blog/news/the-2025-best-lawyers-in-america-ones-to-watch) Barrett McNagny LLP is proud to announce that six firm attorneys were selected for inclusion in The 2025 Best Lawyers in America®: Ones to Watch. [Read More](https:///blog/news/the-2025-best-lawyers-in-america-ones-to-watch) [![](https:///Cache/cadbd351bbd873a0fdde660087a95f7c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/pricer-joins-united-way-board) [Pricer Joins United Way Board](https:///blog/news/pricer-joins-united-way-board) Litigator David Pricer joined the United Wayne of Allen County Board of Directors. [Read More](https:///blog/news/pricer-joins-united-way-board) 1[2](https:///blog/news?Page=2)[3](https:///blog/news?Page=3)[4](https:///blog/news?Page=4)[5](https:///blog/news?Page=5) [older](https:///blog/news?Page=2) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # News | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news?Page=2 #[Blog](https:///blog) ##News [![](https:///Cache/f220cceb0da805811f25f1c3e35f18df-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/news/2024-legislative-update-new-laws-to-take-effect-july-1) [​2024 Legislative Update: New Laws to Take Effect July 1](https:///blog/news/2024-legislative-update-new-laws-to-take-effect-july-1) Read a summary of some of the bills from the 2024 legislative session, which will start taking effect July 1. [Read More](https:///blog/news/2024-legislative-update-new-laws-to-take-effect-july-1) [![](https:///Cache/6db7b45206b65599ab679c3c9284ef73-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/murphy-receives-award) [Murphy Receives Award](https:///blog/news/murphy-receives-award) Pat Murphy was awarded the Tony Laux Volunteer of the Year award at the Purdue Fort Wayne's Masty Awards. [Read More](https:///blog/news/murphy-receives-award) [](https:///blog/news/firm-recognizes-attorneys-listed-in-2024-super-lawyers-publication) [Firm Recognizes Attorneys Listed in 2024 Super Lawyers Publication](https:///blog/news/firm-recognizes-attorneys-listed-in-2024-super-lawyers-publication) Barrett McNagny LLP is proud to announce that eight attorneys were recognized in the 2024 Indiana Super Lawyers publication. [Read More](https:///blog/news/firm-recognizes-attorneys-listed-in-2024-super-lawyers-publication) [![](https:///Cache/679189b1b8943b7529779387f5017591-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/in-memoriam-n-thomas-horton) [In Memoriam N. Thomas Horton](https:///blog/news/in-memoriam-n-thomas-horton) It is with great sadness that we announce that our friend and colleague N. Thomas Horton has passed away. Tom worked for over fifty years at Barrett McNagny in the area of employee benefits. [Read More](https:///blog/news/in-memoriam-n-thomas-horton) [](https:///blog/news/molitoris-and-ludwiski-elected-partners) [Molitoris and Ludwiski Elected Partners](https:///blog/news/molitoris-and-ludwiski-elected-partners) Justin T. Molitoris and Thomas E. Ludwiski were elected Partners effective January 1, 2024. [Read More](https:///blog/news/molitoris-and-ludwiski-elected-partners) [![](https:///Cache/00f0d70795ef5543b7150227c45cd1a8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/kimbrough-chair-of-2024-executive-committee) [Kimbrough Chair of 2024 Executive Committee](https:///blog/news/kimbrough-chair-of-2024-executive-committee) Thomas Kimbrough will chair the firm's Executive Committee for 2024. [Read More](https:///blog/news/kimbrough-chair-of-2024-executive-committee) [](https:///blog/news/barrett-mcnagny-llp-listed-in-2024-best-law-firms-rankings) [​Barrett McNagny LLP Listed in 2024 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2024-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2024 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers® in eleven categories. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2024-best-law-firms-rankings) [](https:///blog/news/golden-career-recognition-for-firm-attorneys) [Golden Career Recognition for Firm Attorneys](https:///blog/news/golden-career-recognition-for-firm-attorneys) Richard E. Fox, Craig R. Finlayson, and Patrick G. Michaels received their Golden Career Recognition by the Allen County Bar Association at their annual meeting. [Read More](https:///blog/news/golden-career-recognition-for-firm-attorneys) [![](https:///Cache/cc3d9910a113f89ec9230b471d3df55c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/stites-receives-niemann-citation-from-allen-county-bar) [Stites Receives Niemann Citation from Allen County Bar](https:///blog/news/stites-receives-niemann-citation-from-allen-county-bar) Tony Stites received the Niemann Citation for Excellence and Professionalism from the Allen County Bar Association. [Read More](https:///blog/news/stites-receives-niemann-citation-from-allen-county-bar) [![](https:///Cache/1a8a67cca8a930fc91f99ae97773357c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fitzharris-elected-to-the-allen-county-judicial-nominating-commission) [Fitzharris Elected to the Allen County Judicial Nominating Commission](https:///blog/news/fitzharris-elected-to-the-allen-county-judicial-nominating-commission) Kevin K. Fitzharris has been elected to serve a four-year term on the Allen County Judicial Nominating Commission beginning on October 1, 2023. [Read More](https:///blog/news/fitzharris-elected-to-the-allen-county-judicial-nominating-commission) [](https:///blog/news/2024-lawyer-of-the-year-awards-for-the-best-lawyers-in-fort-wayne) [2024 "Lawyer of the Year" Awards for The Best Lawyers in Fort Wayne](https:///blog/news/2024-lawyer-of-the-year-awards-for-the-best-lawyers-in-fort-wayne) Barrett McNagny is proud to announce that six attorneys have been selected "Lawyer of the Year" in Fort Wayne in their respective practice area for the 2024 Best Lawyers publication. [Read More](https:///blog/news/2024-lawyer-of-the-year-awards-for-the-best-lawyers-in-fort-wayne) [](https:///blog/news/2024-best-lawyers-listing) [2024 Best Lawyers Listing](https:///blog/news/2024-best-lawyers-listing) Barrett McNagny is proud to have 26 attorneys selected for inclusion in The 2024 Best Lawyer publication. [Read More](https:///blog/news/2024-best-lawyers-listing) [](https:///blog/news/2024-best-lawyers-ones-to-watch-listing) [2024 Best Lawyers: Ones to Watch Listing](https:///blog/news/2024-best-lawyers-ones-to-watch-listing) Barrett McNagny is proud to announce that six attorneys were selected for inclusion in The 2024 Best Lawyers publication as Ones to Watch. [Read More](https:///blog/news/2024-best-lawyers-ones-to-watch-listing) [](https:///blog/news/listing-in-2023-indiana-super-lawyers-for-2023) [Listing in 2023 Indiana Super Lawyers for 2023](https:///blog/news/listing-in-2023-indiana-super-lawyers-for-2023) Barrett McNagny LLP is proud to announce its listing in the Indiana Super Lawyers publication for 2023. [Read More](https:///blog/news/listing-in-2023-indiana-super-lawyers-for-2023) [![](https:///Cache/d6f020854939c38daeb9d23ee8bac12d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fleck-admitted-to-practice-in-texas) [Fleck Admitted to Practice in Texas](https:///blog/news/fleck-admitted-to-practice-in-texas) Barrett McNagny LLP is pleased to announce that Connor Fleck has been admitted to practice law in the state of Texas. He is also licensed to practice before the state courts in Indiana, Illinois, Ohio, Tennessee, Wisconsin and Vermont and he is licensed to practice patent law before the U.S. Patent and Trademark Office. [Read More](https:///blog/news/fleck-admitted-to-practice-in-texas) [](https:///blog/news/best-mcnagny-listing-in-2023-best-law-firms-rankings) [Best McNagny Listing in 2023 "Best Law Firms" Rankings](https:///blog/news/best-mcnagny-listing-in-2023-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2023 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers® in ten practice areas in the first tier ranking in the Fort Wayne area. [Read More](https:///blog/news/best-mcnagny-listing-in-2023-best-law-firms-rankings) [![](https:///Cache/7caa9f53dc0b90d324cb598090e9b4c5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fitzharris-appointed-to-committee) [Fitzharris Appointed to Committee](https:///blog/news/fitzharris-appointed-to-committee) Kevin K. Fitzharris has been appointed to the Indiana Supreme Court’s Character and Fitness Committee. The committee is responsible for conducting the character and fitness interviews of applicants seeking admission to the Indiana Bar. [Read More](https:///blog/news/fitzharris-appointed-to-committee) [![](https:///Cache/32c6c69eb5108912083162661181706a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/barrett-mcnagny-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [Barrett McNagny Attorneys Recognized as “Lawyers of the Year” in Best Lawyers® in America](https:///blog/news/barrett-mcnagny-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that seven firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2023 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/news/barrett-mcnagny-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [](https:///blog/news/firm-attorneys-listed-in-the-2023-best-lawyers-in-america-publication) [Firm Attorneys Listed in the 2023 Best Lawyers in America Publication](https:///blog/news/firm-attorneys-listed-in-the-2023-best-lawyers-in-america-publication) Barrett McNagny is proud to announce that 27 firm attorneys were selected for inclusion in The Best Lawyers in America 2023 and five attorneys were selected in the Ones to Watch listing in the publication. [Read More](https:///blog/news/firm-attorneys-listed-in-the-2023-best-lawyers-in-america-publication) [![](https:///Cache/1468d88985f71230a8b1930ac73a1f31-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/new-indiana-laws-taxes-real-estate) [New Indiana Laws to Take Effect July 1, 2022](https:///blog/news/new-indiana-laws-taxes-real-estate) The 2022 legislative session wrapped up on March 9, 2022, ending a short session that was packed with several high-profile bills. [Read More](https:///blog/news/new-indiana-laws-taxes-real-estate) [newer](https:///blog/news) [1](https:///blog/news)2[3](https:///blog/news?Page=3)[4](https:///blog/news?Page=4)[5](https:///blog/news?Page=5) [older](https:///blog/news?Page=3) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # News | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news?Page=3 #[Blog](https:///blog) ##News [![](https:///Cache/eeb27222592e9b50f1f7138596c21060-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fleck-admitted-to-practice-law-in-tennessee-and-ohio) [Fleck Admitted to Practice Law in Tennessee and Ohio](https:///blog/news/fleck-admitted-to-practice-law-in-tennessee-and-ohio) Connor Fleck has been admitted to practice law in the states of Tennessee and Ohio. He is also licensed to practice before the state courts in Indiana, Illinois, Wisconsin and Vermont and he is licensed to practice patent law before the U.S. Patent and Trademark Office. [Read More](https:///blog/news/fleck-admitted-to-practice-law-in-tennessee-and-ohio) [![](https:///Cache/9fcd0da41070deb264c4c29fd7547b66-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fleck-licensed-to-practice-in-vermont) [Fleck Licensed to Practice in Vermont](https:///blog/news/fleck-licensed-to-practice-in-vermont) Connor Fleck has been admitted to practice law in the state of Vermont. He is also licensed to practice before the state courts in Indiana, Illinois and Wisconsin and he is licensed to practice patent law before the U.S. Patent and Trademark Office. [Read More](https:///blog/news/fleck-licensed-to-practice-in-vermont) [![](https:///Cache/f034c3f4c9523a7e38e25bb821f186c2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/2022-indiana-super-lawyers-publication-lists-top-50-lawyers) [2022 Indiana Super Lawyers Publication Lists Top 50 Lawyers](https:///blog/news/2022-indiana-super-lawyers-publication-lists-top-50-lawyers) William Ramsey was listed as one of the Top 50 lawyers in the 2022 Indiana Super Lawyers nomination, research and blue-ribbon review process. [Read More](https:///blog/news/2022-indiana-super-lawyers-publication-lists-top-50-lawyers) [](https:///blog/news/barrett-mcnagny-attorney-2022-indiana-super-lawyers-publication) [Listing in 2022 Indiana Super Lawyers Publication](https:///blog/news/barrett-mcnagny-attorney-2022-indiana-super-lawyers-publication) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2022 with eight attorneys featured in the publication. [Read More](https:///blog/news/barrett-mcnagny-attorney-2022-indiana-super-lawyers-publication) [![](https:///Cache/719eae5098571df39bc486ba613d49d8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/connor-fleck-admitted-to-illinois-bar) [Connor Fleck Admitted to Illinois Bar](https:///blog/news/connor-fleck-admitted-to-illinois-bar) Barrett McNagny LLP is pleased to announce that ​Connor Fleck has been admitted to practice law in the state of Illinois. [Read More](https:///blog/news/connor-fleck-admitted-to-illinois-bar) [](https:///blog/news/2022-best-lawyers-in-america-listing) [2022 Best Lawyers in America Listing](https:///blog/news/2022-best-lawyers-in-america-listing) Listing of Barrett McNagny attorneys who were listed in the 2022 Best Lawyers in America publication in their respective practice areas. [Read More](https:///blog/news/2022-best-lawyers-in-america-listing) [](https:///blog/news/2022-best-lawyers-in-america-ones-to-watch-listing) [2022 Best Lawyers in America: Ones to Watch Listing](https:///blog/news/2022-best-lawyers-in-america-ones-to-watch-listing) Listing of Barrett McNagny attorneys listed in The 2022 Best Lawyers in America: Ones to Watch publication. [Read More](https:///blog/news/2022-best-lawyers-in-america-ones-to-watch-listing) [![](https:///Cache/ced5a0b5d57982d8f45a8e466354d911-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/technology-and-the-legal-industry) [Kevin Fitzharris Quoted in article about Technology and the Legal Industry](https:///blog/news/technology-and-the-legal-industry) Kevin Fitzharris was quoted in an article in The Indiana Lawyer about technology and the legal industry. [Read More](https:///blog/news/technology-and-the-legal-industry) [![](https:///Cache/91bfa7a158a0468dba2a850e4d992100-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/cohen-receives-the-2021-monsignor-thiele-award-united-way-of-allen-county) [Cohen Receives the 2021 Monsignor Thiele Award](https:///blog/news/cohen-receives-the-2021-monsignor-thiele-award-united-way-of-allen-county) H. Joseph Cohen, a labor and employment attorney with Barrett McNagny, has received the 2021 Monsignor Thiele Award which recognizes a person who has performed exceptional services on behalf of the United Way of Allen County Inc. The Monsignor Thiele Award Committee nominated Cohen and PNC, as Trustee of the Raymond Rosenberger Award Foundation, selected him as this year’s recipient. [Read More](https:///blog/news/cohen-receives-the-2021-monsignor-thiele-award-united-way-of-allen-county) [](https:///blog/news/attorneys-recognized-in-2021-indiana-super-lawyers-publication) [Attorneys Recognized in 2021 Indiana Super Lawyers Publication](https:///blog/news/attorneys-recognized-in-2021-indiana-super-lawyers-publication) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2021 that includes nine attorneys from the firm. [Read More](https:///blog/news/attorneys-recognized-in-2021-indiana-super-lawyers-publication) [](https:///blog/news/barrett-mcnagny-llp-listed-in-2021-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2021 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2021-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2021 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2021-best-law-firms-rankings) [![](https:///Cache/a8f82d2eca8e70e3998ae9ab5f9f74c7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/niezer-recognized-as-alumnus-of-the-year) [Niezer Recognized as Alumnus of the Year By Bishop Dwenger High School](https:///blog/news/niezer-recognized-as-alumnus-of-the-year) Thomas Niezer was recognized by Bishop Dwenger High School as Alumnus of the Year at their annual Hall of Fame dinner. [Read More](https:///blog/news/niezer-recognized-as-alumnus-of-the-year) [](https:///blog/news/best-lawyers-in-america-lawyers-of-the-year-2021) [Firm Attorneys Recognized as "Lawyers of the Year" in Best Lawyers in America](https:///blog/news/best-lawyers-in-america-lawyers-of-the-year-2021) Barrett McNagny LLP is proud to announce that four firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2021 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/news/best-lawyers-in-america-lawyers-of-the-year-2021) [](https:///blog/news/the-best-lawyers-in-america-2021-publication) [The Best Lawyers in America 2021 Publication](https:///blog/news/the-best-lawyers-in-america-2021-publication) Barrett McNagny LLP is proud to announce the firm attorneys who were selected by their peers for inclusion in The Best Lawyers in America® 2021 publication in their respective practice areas. [Read More](https:///blog/news/the-best-lawyers-in-america-2021-publication) [![](https:///Cache/0a028923006f4086ed0bc56790fb5fe8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/kimbrough-featured-in-indiana-super-achiever-series) [Kimbrough Featured in Indiana Super Achiever Series](https:///blog/news/kimbrough-featured-in-indiana-super-achiever-series) Thomas Kimbrough was one of the many local leaders featured in the Indiana Super Achievers Series. Tom, a Fort Wayne native, discusses why he became an attorney and why he choose to come back to Fort Wayne to practice law at Barrett McNagny. [Read More](https:///blog/news/kimbrough-featured-in-indiana-super-achiever-series) [](https:///blog/news/firm-attorneys-recognized-in-indiana-2020-super-lawyers-publication) [Firm Attorneys Recognized in Indiana 2020 Super Lawyers Publication](https:///blog/news/firm-attorneys-recognized-in-indiana-2020-super-lawyers-publication) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2020. [Read More](https:///blog/news/firm-attorneys-recognized-in-indiana-2020-super-lawyers-publication) [](https:///blog/news/barrett-mcnagny-featured-on-the-fort4fitness-blog) [Barrett McNagny Featured on the Fort4Fitness Blog](https:///blog/news/barrett-mcnagny-featured-on-the-fort4fitness-blog) Barrett McNagny was featured on the Fort4Fitness blog highlighting their Corporate Connection Program. [Read More](https:///blog/news/barrett-mcnagny-featured-on-the-fort4fitness-blog) [](https:///blog/news/william-mcnagny-passes-away-at-age-98) [William McNagny Passes Away at Age 98](https:///blog/news/william-mcnagny-passes-away-at-age-98) On behalf of everyone at the law firm of Barrett McNagny LLP, we are saddened by the passing of our colleague Bill McNagny. Bill was one of the premier lawyers in Indiana and was widely regarded as one of the preeminent courtroom litigators of his time. [Read More](https:///blog/news/william-mcnagny-passes-away-at-age-98) [![](https:///Cache/40dbe36267dd38017de63c3ed3fa606b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/molitoris-admitted-to-practice-law-in-ohio) [Molitoris Admitted to Practice Law in Ohio](https:///blog/news/molitoris-admitted-to-practice-law-in-ohio) Justin T. Molitoris has been admitted to practice law in the state of Ohio. Mr. Molitoris concentrates his practice in the areas of corporate and business law. [Read More](https:///blog/news/molitoris-admitted-to-practice-law-in-ohio) [](https:///blog/news/barrett-mcnagny-llp-listed-in-2020-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2020 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2020-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2020 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2020-best-law-firms-rankings) [newer](https:///blog/news?Page=2) [1](https:///blog/news)[2](https:///blog/news?Page=2)3[4](https:///blog/news?Page=4)[5](https:///blog/news?Page=5) [older](https:///blog/news?Page=4) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # News | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news?Page=4 #[Blog](https:///blog) ##News [![](https:///Cache/55e8f03dd9b9f2c0d93ea421517ec69e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/kimbrough-receives-award) [Kimbrough Receives Award](https:///blog/news/kimbrough-receives-award) Thomas Kimbrough was the recipient of the David A. Bobilya Excellence in Nonprofit Leadership Award. [Read More](https:///blog/news/kimbrough-receives-award) [![](https:///Cache/6dbf9a1b1a1fbfc2605941ab5eede6e3-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/murphy-featured-through-purdue-fort-wayne-athletics) [Murphy Featured through Purdue Fort Wayne Athletics](https:///blog/news/murphy-featured-through-purdue-fort-wayne-athletics) Litigation attorney and Mastodon alumni Pat Murphy was featured as part of Purdue Fort Wayne's Season Ticket Holder Spotlight. [Read More](https:///blog/news/murphy-featured-through-purdue-fort-wayne-athletics) [](https:///blog/news/the-best-lawyers-in-america-2020-lawyers-of-the-year) [The Best Lawyers in America 2020 “Lawyers of the Year”](https:///blog/news/the-best-lawyers-in-america-2020-lawyers-of-the-year) Barrett McNagny LLP is proud to announce that four firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2020 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/news/the-best-lawyers-in-america-2020-lawyers-of-the-year) [![](https:///Cache/19569d88cc2a00f94229e386e7dca424-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/firm-attorneys-recognized-in-best-lawyers-in-america) [Firm Attorneys Recognized in Best Lawyers® in America](https:///blog/news/firm-attorneys-recognized-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce the following firm attorneys who were selected by their peers for inclusion in The Best Lawyers in America® 2020 in their respective practice areas. [Read More](https:///blog/news/firm-attorneys-recognized-in-best-lawyers-in-america) [![](https:///Cache/57e9c5f07b7a0c8fc827c9f727f0d145-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/paul-and-szaferski-featured) [Paul and Szaferski Featured](https:///blog/news/paul-and-szaferski-featured) Trisha J. Paul and Emily S. Szaferski were featured in the February 2019 Saint Francis magazine for the University of Saint Francis. [Read More](https:///blog/news/paul-and-szaferski-featured) [![](https:///Cache/831de9e49a60e19c2456da90683d7d21-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/2019-indiana-super-lawyers-listing) [2019 Indiana Super Lawyers Listing](https:///blog/news/2019-indiana-super-lawyers-listing) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2019. [Read More](https:///blog/news/2019-indiana-super-lawyers-listing) [![](https:///Cache/4703682ee52c6ee7d643c3e0118c8fe2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/elektron-building-featured-in-book-on-historic-buildings) [Elektron Building Featured in Book on Historic Buildings](https:///blog/news/elektron-building-featured-in-book-on-historic-buildings) The Elektron Building is the current home of Barrett McNagny. It is featured in a new book on historic buildings in Fort Wayne. [Read More](https:///blog/news/elektron-building-featured-in-book-on-historic-buildings) [![](https:///Cache/5244e906a31cd1a4c79e667220dff57a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/paul-authors-column-in-the-journal-gazette) [Paul Authors Column in The Journal Gazette](https:///blog/news/paul-authors-column-in-the-journal-gazette) Trisha J. Paul authored a column in the Sunday, November 25, 2018, Journal Gazette titled "Practice for the game of Life." [Read More](https:///blog/news/paul-authors-column-in-the-journal-gazette) [![](https:///Cache/78c083321e24d123aceacb0e4c5b71c9-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/2019-best-law-firms-rankings) [2019 “Best Law Firms” Rankings](https:///blog/news/2019-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2019 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/2019-best-law-firms-rankings) [![](https:///Cache/15c7c0a1ead3f09d1b8ab4a023e6e9c8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/local-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [Local Attorneys Recognized as “Lawyers of the Year” in Best Lawyers® in America](https:///blog/news/local-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that four firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2019 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/news/local-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [![](https:///Cache/532fcb30da8d67b0428bb8c19ad3306a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2019) [Attorneys Recognized in The Best Lawyers® in America 2019](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2019) Barrett McNagny LLP is proud to announce that 19 firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2019 in their respective practice areas. [Read More](https:///blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2019) [![](https:///Cache/10ac62de53f2136305837371743ed9cf-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2018) [Firm Attorneys Recognized in Indiana Super Lawyers Publication 2018](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2018) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2018. [Read More](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2018) [![](https:///Cache/1a09f565d6a86d3c6e8b9e280085c50d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/barrett-mcnagny-llp-listed-in-2018-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2018 “Best Law Firms” Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2018-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2018 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2018-best-law-firms-rankings) [![](https:///Cache/1993341bea7cbd05f92a6589ab509a02-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/best-lawyers-in-america-recognizes-attorneys) [Best Lawyers® in America Recognizes Attorneys](https:///blog/news/best-lawyers-in-america-recognizes-attorneys) Barrett McNagny LLP is proud to announce that four firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2018 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/news/best-lawyers-in-america-recognizes-attorneys) [![](https:///Cache/b6181a9638758ae0341c2321054afaf4-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2018) [Attorneys Recognized in Best Lawyers® in America 2018](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2018) Barrett McNagny LLP is proud to announce that eighteen firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2018 in their respective practice areas. [Read More](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2018) [![](https:///Cache/4e946bac87817ef876d01a44218806a5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/kevin-fitzharris-becomes-a-registered-civil-mediator) [Kevin Fitzharris Becomes a Registered Civil Mediator](https:///blog/news/kevin-fitzharris-becomes-a-registered-civil-mediator) ​Barrett McNagny LLP is pleased to announce that K​evin K. Fitzharris, Esq. has become a registered civil mediator pursuant to the rules and regulations of the Indiana Commission for Continuing Legal Education. [Read More](https:///blog/news/kevin-fitzharris-becomes-a-registered-civil-mediator) [![](https:///Cache/7259b34b9a19e6f0cd764b2202bbf831-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/steel-dynamics-featured-in-boss-magazine) [Steel Dynamics featured in BOSS Magazine](https:///blog/news/steel-dynamics-featured-in-boss-magazine) Congratulations to Steel Dynamics, Inc. for being featured in the June issue of BOSS Magazine, a national digital magazine that features industry-leading businesses and their leaders. [Read More](https:///blog/news/steel-dynamics-featured-in-boss-magazine) [![](https:///Cache/258206963c9720971d469d7cf2a257aa-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/niezer-participates-in-intercity-visit-to-durham) [Niezer Participates in Inter-City Visit to Durham](https:///blog/news/niezer-participates-in-intercity-visit-to-durham) Tom Niezer participated in an Inter-City visit to Durham, North Carolina hosted by Greater Fort Wayne Inc. The tour included visiting a historic tobacco warehouse project which is similar to Fort Wayne's GE Campus redevelopment. The warehouse now boasts small businesses and urban housing options. [Read More](https:///blog/news/niezer-participates-in-intercity-visit-to-durham) [![](https:///Cache/6a02b2c5fc4dbaf0a5989063436bcb64-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/shrader-listed-in-the-best-lawyers-business-edition) [Shrader listed in The Best Lawyers Business Edition](https:///blog/news/shrader-listed-in-the-best-lawyers-business-edition) Cathleen M. Shrader was listed in The Best Lawyers Business Edition® Spring 2017 Women in the Law publication in the areas of Appellate Practice and Commercial Litigation. [Read More](https:///blog/news/shrader-listed-in-the-best-lawyers-business-edition) [![](https:///Cache/63d7035eb807dcb697a1ead4acb4b15a-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/news/risks-associated-with-telephonic-and-electronic-advice) [Risks Associated with Telephonic and Electronic Advice](https:///blog/news/risks-associated-with-telephonic-and-electronic-advice) William Ramsey authors article titled "Risks Associated with Telephonic and Electronic Advice" for Greater Fort Wayne Business Weekly. [Read More](https:///blog/news/risks-associated-with-telephonic-and-electronic-advice) [newer](https:///blog/news?Page=3) [1](https:///blog/news)[2](https:///blog/news?Page=2)[3](https:///blog/news?Page=3)4[5](https:///blog/news?Page=5) [older](https:///blog/news?Page=5) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # News | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news?Page=5 #[Blog](https:///blog) ##News [![](https:///Cache/b39c42b47807f4f688bb57928990c274-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2017) [Firm Attorneys Recognized in Indiana Super Lawyers Publication 2017](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2017) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2017. [Read More](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2017) [![](https:///Cache/1c044f7b91ff6fa0d985d63f1d25d84d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/executive-committee-announced) [Executive Committee Announced](https:///blog/news/executive-committee-announced) Barrett McNagny LLP is pleased to announce that Michael P. O’Hara has been elected to serve as Chairman of the firm’s Executive Committee for 2017. Also serving on the firm’s Executive Committee during 2017 will be Trisha J. Paul, Anthony M. Stites, Samuel J. Talarico, Jr., and Jeffrey M. Woenker. [Read More](https:///blog/news/executive-committee-announced) [![](https:///Cache/9fc30986ee6112992ed6d383f307dc75-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/fort-wayne-sister-cities-interviewed-on-pbs-39) [Fort Wayne Sister Cities Interviewed on PBS 39](https:///blog/news/fort-wayne-sister-cities-interviewed-on-pbs-39) Howard Chapman and Tom Herr were interviewed on PBS 39 about their involvement with Fort Wayne Sister Cities International and its importance in the Fort Wayne and northeast Indiana area. [Read More](https:///blog/news/fort-wayne-sister-cities-interviewed-on-pbs-39) [![](https:///Cache/51f8361e7581e0b7d059871328b84cad-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/barrett-mcnagny-listed-in-2017-best-law-firms-rankings) [Barrett McNagny Listed in 2017 "Best Law Firms" Rankings](https:///blog/news/barrett-mcnagny-listed-in-2017-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2017 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-listed-in-2017-best-law-firms-rankings) [![](https:///Cache/cda5324293b6e634a4fffc62143b828e-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/news/how-to-use-the-region-as-a-recruiting-tool-article) ["How to Use the Region as a Recruiting Tool" Article](https:///blog/news/how-to-use-the-region-as-a-recruiting-tool-article) By [William A. Ramsey](https:///our-people/william-a-ramsey) William Ramsey authors a post for the Northeast Indiana Regional Partnership Vision 2020 blog titled “How to Use the Region as a Recruiting Tool.” [Read More](https:///blog/news/how-to-use-the-region-as-a-recruiting-tool-article) [![](https:///Cache/141e29669547a016e12de8c134371a3b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/golden-career-recognition-for-walters) [Golden Career Recognition for Walters](https:///blog/news/golden-career-recognition-for-walters) Congratulations to Robert Walters for his Golden Career Recognition at the Allen County Bar Association’s Annual Meeting on September 29, 2016. [Read More](https:///blog/news/golden-career-recognition-for-walters) [![](https:///Cache/70f9cd026186875f6200b0beb53d0ad2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [Attorneys Recognized as "Lawyers of the Year" in Best Lawyers® in America](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that three firm attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2017 as "Lawyer of the Year" in their respective practice areas. [Read More](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [![](https:///Cache/0500aefcbe2583d1ad4f92f890635ca7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america) [Attorneys Recognized in Best Lawyers® in America](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce the following firm attorneys who were selected by their peers for inclusion in The Best Lawyers in America® 2017 in their respective practice areas. [Read More](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america) [![](https:///Cache/971728ce2aa17a9d2a3338fc13eabcba-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2016) [Firm Attorneys Recognized in Indiana Super Lawyers Publication 2016](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2016) Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2016. [Read More](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2016) [![](https:///Cache/a522ca25ab45e5ea709800198067a851-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/notre-dame-club-of-fort-wayne-recognizes-anthony-stites-and-erika-dekko-as-a-persons-of-the-year) [Notre Dame Club of Fort Wayne Recognizes Anthony Stites and Erika Dekko as a Persons of the Year](https:///blog/news/notre-dame-club-of-fort-wayne-recognizes-anthony-stites-and-erika-dekko-as-a-persons-of-the-year) Notre Dame Club of Fort Wayne Recognizes Anthony Stites and Erika Dekko as a Persons of the YearThe Notre Dame Club of Fort Wayne/Northeast Indiana has awarded [Read More](https:///blog/news/notre-dame-club-of-fort-wayne-recognizes-anthony-stites-and-erika-dekko-as-a-persons-of-the-year) [![](https:///Cache/cd1a0cbd28f16fbb0df2f8c0f0fe262f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/barrett-mcnagny-llp-listed-in-2016-best-law-firms-rankings) [Barrett McNagny LLP Listed in 2016 "Best Law Firms" Rankings](https:///blog/news/barrett-mcnagny-llp-listed-in-2016-best-law-firms-rankings) Barrett McNagny LLP is proud to announce that the firm was ranked in the 2016 "Best Law Firms" rankings by U.S. News Media Group and Best Lawyers®. [Read More](https:///blog/news/barrett-mcnagny-llp-listed-in-2016-best-law-firms-rankings) [](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [Attorneys Recognized as "Lawyers of the Year" in Best Lawyers® in America](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) Robert S. Walters and Robert T. Keen were recognized as "Lawyers of the Year" in Best Lawyers® in America. [Read More](https:///blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) [![](https:///Cache/a63a5c893d5e26d8448f6aa38603a781-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2016) [Attorneys Recognized in Best Lawyers® in America 2016](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2016) Barrett McNagny LLP is proud to announce that 18 firm attorneys have been selected by their peers for inclusion in Best Lawyers in America® 2016. [Read More](https:///blog/news/attorneys-recognized-in-best-lawyers-in-america-2016) [![](https:///Cache/1d32e13d5afc37434fdc08b8aafc9388-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/barrett-mcnagny-announces-logo-change) [Barrett McNagny Announces Logo Change](https:///blog/news/barrett-mcnagny-announces-logo-change) Barrett McNagny is pleased to announce a "refresh" of the firm's identity. The "refresh" includes an updated name, a new logo and a redesigned website. "Our [Read More](https:///blog/news/barrett-mcnagny-announces-logo-change) [![](https:///Cache/f601d84ae25e871faf0570121e546920-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2015) [Firm Attorneys Recognized in Indiana Super Lawyers Publication 2015](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2015) Barrett McNagny is proud to announce its listing in Indiana Super Lawyers for 2015. [Read More](https:///blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2015) [newer](https:///blog/news?Page=4) [1](https:///blog/news)[2](https:///blog/news?Page=2)[3](https:///blog/news?Page=3)[4](https:///blog/news?Page=4)5 ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Bankruptcy and Creditors' Rights Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights #[Blog](https:///blog) ##Bankruptcy and Creditors' Rights Law [![](https:///Cache/bb09b01fe49b03650804e04b04fd5c54-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/non-consensual-third-party-releases-in-bankruptcy-disallowed) [​Non-Consensual Third-Party Releases in Bankruptcy Disallowed](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/non-consensual-third-party-releases-in-bankruptcy-disallowed) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) In a recent opinion, Honorable Colleen McMahon of U.S. District Court for the Southern District of New York, ruled that non-consensual releases of creditors’ direct claims against non-debtors in a Bankruptcy reorganization plan are not allowed under the provisions of the United States Bankruptcy Code. [Read More](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/non-consensual-third-party-releases-in-bankruptcy-disallowed) [![](https:///Cache/491a55ea18f1cf9c4beeea6aa14b4162-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/subordination-agreements-may-be-modified-in-bankruptcy-reorganizations) [Subordination Agreements May Be Modified In Bankruptcy Reorganizations](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/subordination-agreements-may-be-modified-in-bankruptcy-reorganizations) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) Subordination agreements are often integral elements of commercial lending. They typically take the form of “debt subordination” and/or “lien subordination”. [Read More](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/subordination-agreements-may-be-modified-in-bankruptcy-reorganizations) [![](https:///Cache/e4cf91c3dc1220b760b4b6baead62be5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/small-business-reorganization-act) [Small Business Reorganization Act](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/small-business-reorganization-act) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) On August 23, 2019, President Trump signed into law the Small Business Reorganization Act (“Act”), which is intended to make bankruptcy reorganizations a faster, more efficient, and more affordable debt-management option for small businesses. [Read More](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/small-business-reorganization-act) [![](https:///Cache/ebaa75ae81039544073f272b037701da-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/impermissible-reaffirmation-or-new-guaranty) [Impermissible Reaffirmation Or New Guaranty?](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/impermissible-reaffirmation-or-new-guaranty) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) The sole shareholder (“Shareholder”) of the Borrower signs a personal guaranty for his Company’s loan. Due to circumstances unrelated to the Company, the Shareholder files for bankruptcy, eventually receiving a Chapter 7 discharge. [Read More](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/impermissible-reaffirmation-or-new-guaranty) [![](https:///Cache/06ae63824e260e4308fa78a317db8df6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/chapter-13-bankruptcy) [Chapter 13 Bankruptcy](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/chapter-13-bankruptcy) The Seventh Circuit Court of Appeals held, as a matter of first impression, that a secured creditor must file a proof of claim in a Chapter 13 bankruptcy no later than the deadline set by Bankruptcy Rule 3002(c) in order to be paid pursuant to a debtor's chapter 13 plan. [Read More](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights/chapter-13-bankruptcy) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Business and Corporate Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law #[Blog](https:///blog) ##Business and Corporate Law [![](https:///Cache/03b535fe17f2afd953b915862dbf6f2e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/barrett-mcnagny-recognized-in-the-chambers-usa-2025-guide) [Barrett McNagny Recognized in the Chambers USA 2025 Guide](https:///blog/business-and-corporate-law/barrett-mcnagny-recognized-in-the-chambers-usa-2025-guide) Barrett McNagny LLP is proud to announce that is has been recognized in the Chambers USA 2025 Guide in the area of Corporate/M&A. Barrett McNagny is the only firm listed with an exclusive presence in northeast Indiana. [Read More](https:///blog/business-and-corporate-law/barrett-mcnagny-recognized-in-the-chambers-usa-2025-guide) [![](https:///Cache/1d84ee4608655f84111fb9a0c77acb88-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/best-corporate-governance-practices-for-rookies) [Best Corporate Governance Practices for Rookies](https:///blog/business-and-corporate-law/best-corporate-governance-practices-for-rookies) By [Holly M. Weber](https:///our-people/holly-m-weber) Helpful tips for new and current business owners as they start, transition, or purchase a business. [Read More](https:///blog/business-and-corporate-law/best-corporate-governance-practices-for-rookies) [![](https:///Cache/02a4337168309f473fc9638d4927c343-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/understanding-the-corporate-transparency-act-cta-for-executives) [Understanding the Corporate Transparency Act (CTA) for Executives](https:///blog/business-and-corporate-law/understanding-the-corporate-transparency-act-cta-for-executives) By [Lewis W. Ostermeyer](https:///our-people/lewis-w-ostermeyer) Learn why CTA compliance is essential for executives to avoid penalties and keep their businesses within the legal framework. [Read More](https:///blog/business-and-corporate-law/understanding-the-corporate-transparency-act-cta-for-executives) [![](https:///Cache/443f64227c421c34c0f8fb8eda395148-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/weber-admitted-to-practice-law-in-indiana) [Weber Admitted to Practice Law in Indiana](https:///blog/business-and-corporate-law/weber-admitted-to-practice-law-in-indiana) Holly Weber has been admitted to practice law in Indiana, where she'll assist Indiana businesses with governance, compliance and M&A matters. [Read More](https:///blog/business-and-corporate-law/weber-admitted-to-practice-law-in-indiana) [![](https:///Cache/39cdc698953cf7b4c9ee079357777639-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/victor-joins-business-law-team) [Victor Joins Business Law Team](https:///blog/business-and-corporate-law/victor-joins-business-law-team) ​Barrett McNagny LLP is pleased to announce that ​Sabrina T. Victor has joined the mergers & acquisitions, corporate law and securities teams at the firm. [Read More](https:///blog/business-and-corporate-law/victor-joins-business-law-team) [![](https:///Cache/8f22ac56f74deb15ae44e34feaffb849-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/what-is-succession-planning) [What is Succession Planning?](https:///blog/business-and-corporate-law/what-is-succession-planning) By [Brian J. Downey](https:///our-people/brian-j-downey) Succession planning helps businesses identify new leaders to ensure continuity, avoid disruption, and preserve value after a founder retires or passes away. [Read More](https:///blog/business-and-corporate-law/what-is-succession-planning) [![](https:///Cache/9f4090e110d9c3735cc86368490eadb6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/critical-terms-to-consider-in-an-manda-related-nondisclosure-agreement) [Critical Terms to Consider in an M&A-Related Nondisclosure Agreement](https:///blog/business-and-corporate-law/critical-terms-to-consider-in-an-manda-related-nondisclosure-agreement) When a business shares confidential information with another party during an M&A process, it is necessary to ensure that the receiving party will keep the information confidential. A business should never share information without first signing a non-disclosure agreement (NDA). [Read More](https:///blog/business-and-corporate-law/critical-terms-to-consider-in-an-manda-related-nondisclosure-agreement) [![](https:///Cache/1580316448f11f6fcb0681175f53a608-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/barrett-mcnagny-announced-as-a-finalist-in-the-21st-annual-manda-advisor-awards) [Barrett McNagny Announced as a Finalist In the 21st Annual M&A Advisor Awards](https:///blog/business-and-corporate-law/barrett-mcnagny-announced-as-a-finalist-in-the-21st-annual-manda-advisor-awards) The M&A Advisor announced the finalists of the 21st Annual M&A Advisor Awards. Barrett McNagny was named a finalist in three categories: the Energy Deal of the Year; Telecommunications Deal of the Year; and the Corporate/Strategic Deal of the Year (Between $10MM- $25MM). [Read More](https:///blog/business-and-corporate-law/barrett-mcnagny-announced-as-a-finalist-in-the-21st-annual-manda-advisor-awards) [](https:///blog/business-and-corporate-law/forming-my-business-in-delaware-or-indiana) [​Should I form my business in Delaware or Indiana?](https:///blog/business-and-corporate-law/forming-my-business-in-delaware-or-indiana) Whenever starting a company, one of the decisions to make is where to form the business. If a business’s primary place of operations will be in Indiana, it certainly makes sense to consider Indiana as a logical state. But other states, most notably Delaware, are often selected for the state of incorporation. [Read More](https:///blog/business-and-corporate-law/forming-my-business-in-delaware-or-indiana) [![](https:///Cache/669c3190e0a4c9f752bc9c1e5066be37-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/website-policies) [Website Policies](https:///blog/business-and-corporate-law/website-policies) Businesses are increasingly relying on their websites as a convenient tool to market, interact with current or potential customers, and transact business. However, as businesses continue to integrate into the online realm, it is imperative businesses monitor their websites to ensure compliance with the evolving legal landscape. [Read More](https:///blog/business-and-corporate-law/website-policies) [![](https:///Cache/ea6f62c96b6ec50218c349dc51f3f95a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/business-startup-formation-checklist) [Business Startup Formation Checklist](https:///blog/business-and-corporate-law/business-startup-formation-checklist) By [Justin T. Molitoris](https:///our-people/justin-t-molitoris) When starting a business there are many items to consider in preparation of your startup like state of formation, documentation, and governance. [Read More](https:///blog/business-and-corporate-law/business-startup-formation-checklist) [![](https:///Cache/9de6ceafd232898f9cc8967e80be10ef-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/business-and-corporate-law/important-due-diligence-items-to-consider-when-buying-a-business) [Important Due Diligence Items To Consider When Buying a Business](https:///blog/business-and-corporate-law/important-due-diligence-items-to-consider-when-buying-a-business) When deciding to purchase a business, one of the most important pre-transaction items for the buyer to complete is a due diligence review of the target company. [Read More](https:///blog/business-and-corporate-law/important-due-diligence-items-to-consider-when-buying-a-business) [![](https:///Cache/5ab45d947f5b2206c0f4236db145e2c0-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business) [S Corp or LLC – Which is Right for My Business?](https:///blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business) Learn the key differences between an S Corp and LLC to choose the right business entity and set your company up for future success. [Read More](https:///blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business) [![](https:///Cache/4b3fcc83809c777b4889c2fa31c23441-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair) [Avoiding Personal Liability in E-Commerce after Wayfair](https:///blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair) For business owners, there are innumerable benefits to opening an online shop as opposed to operating solely a traditional brick-and-mortar storefront. However, one of the most significant drawbacks is the complexity and uncertainty of sales tax law. [Read More](https:///blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair) [![](https:///Cache/1222131a6209063587871f673209c011-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/ten-steps-to-get-your-business-startup-on-track) [Ten Steps to Get Your Business Startup on Track](https:///blog/business-and-corporate-law/ten-steps-to-get-your-business-startup-on-track) When starting your own business, it’s important to have procedures in place that keep you focused. Here are ten steps to help set-up your business for success. [Read More](https:///blog/business-and-corporate-law/ten-steps-to-get-your-business-startup-on-track) [![](https:///Cache/af16176bd511eae06cdf64a97cab9b95-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/financial-institutions/mortgagee-beware) [Mortgagee Beware](https:///blog/business-and-corporate-law/financial-institutions/mortgagee-beware) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) When information respecting a mortgage maturity date is missing from the documents on file with the county recorder’s office, the time a mortgagee can bring a foreclosure action on the mortgage can be greatly reduced. [Read More](https:///blog/business-and-corporate-law/financial-institutions/mortgagee-beware) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Litigation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation #[Blog](https:///blog) ##Litigation [![](https:///Cache/2a19e13610067eefcaec52d93714d7ee-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/bender-joins-litigation-team) [Bender Joins Litigation Team](https:///blog/litigation/bender-joins-litigation-team) We are proud to announce that David P. Bender has joined the firm as an associate on the litigation team. [Read More](https:///blog/litigation/bender-joins-litigation-team) [![](https:///Cache/1722db194ff5b6e71ba2ba5ebf27be26-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/fitzharris-elected-to-american-board-of-trial-advocates) [Fitzharris Elected to American Board of Trial Advocates](https:///blog/litigation/fitzharris-elected-to-american-board-of-trial-advocates) Kevin K. Fitzharris of Barrett McNagny LLP has been elected as a member into the American Board of Trial Advocates. [Read More](https:///blog/litigation/fitzharris-elected-to-american-board-of-trial-advocates) [![](https:///Cache/08869b53c896f9b85f8eab03e933914b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/fitzharris-appointed-to-merit-selection-panel) [Fitzharris Appointed to Merit Selection Panel](https:///blog/litigation/fitzharris-appointed-to-merit-selection-panel) Kevin K. Fitzharris has been appointed to serve on the Merit Selection Panel for the United States District Court Northern District of Indiana. [Read More](https:///blog/litigation/fitzharris-appointed-to-merit-selection-panel) [![](https:///Cache/b62bab0afa168b7e8180b902bc9d7d08-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/so-your-dog-bit-someone-are-you-liable) [So, Your Dog Bit Someone… Are You Liable?](https:///blog/litigation/so-your-dog-bit-someone-are-you-liable) What happens when our furry friend bites someone? As a pet owner, it's important to know when you're liable for a dog bite. [Read More](https:///blog/litigation/so-your-dog-bit-someone-are-you-liable) [![](https:///Cache/710741f2c32c2e698d4becfe360e3c0b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/peery-joins-litigation-team) [Peery Joins Litigation Team](https:///blog/litigation/peery-joins-litigation-team) Caleb W. Peery has joined the firm and will his practice in the areas of commercial litigation and insurance defense. [Read More](https:///blog/litigation/peery-joins-litigation-team) [![](https:///Cache/edafe69bb49a339b944bc21b95d17d4e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/the-nuts-and-bolts-of-easements) [The Nuts and Bolts of Easements](https:///blog/litigation/the-nuts-and-bolts-of-easements) By [David C. Pricer](https:///our-people/david-c-pricer) An easement is the right to use the land owned by another for some designated purpose. Learn about the purpose of easements and their uses under Indiana law. [Read More](https:///blog/litigation/the-nuts-and-bolts-of-easements) [![](https:///Cache/eb782022d546cec6e22e174cab64258e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/lake-disputes-involving-where-to-dock-your-boat-or-where-to-put-your-pier-now-must-be-filed-in-state-court) [Lake Disputes Involving Where to Dock your Boat or Where to Put your Pier Now Must be Filed in State Court](https:///blog/litigation/lake-disputes-involving-where-to-dock-your-boat-or-where-to-put-your-pier-now-must-be-filed-in-state-court) Disputes involving where to dock your boat and/or where to put your pier must now be filed in state court. This change affects not only where a claim must be filed, but also the time limit to file a claim. [Read More](https:///blog/litigation/lake-disputes-involving-where-to-dock-your-boat-or-where-to-put-your-pier-now-must-be-filed-in-state-court) [![](https:///Cache/7d9934c771a74c1003f5c7682ebb896c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/pricer-joins-litigation-team) [Pricer Joins Litigation Team](https:///blog/litigation/pricer-joins-litigation-team) Barrett McNagny LLP is pleased to announce that David C. Pricer has joined the firm concentrating his practice in litigation, handling commercial litigation, premises liability, professional liability, and general liability claims. He will also assist with handling appeals and legal research and analysis. [Read More](https:///blog/litigation/pricer-joins-litigation-team) [![](https:///Cache/ade8eb4472c3ac747164c92a1d81873d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/how-to-settle-a-claim-when-a-child-is-injured) [How to Settle a Claim When A Child is Injured](https:///blog/litigation/how-to-settle-a-claim-when-a-child-is-injured) It is not uncommon for children to be injured in accidents, such as motor vehicle collisions, dog bites, falls from outdoor play equipment, etc. When a minor is injured in an accident, they have, and often bring through a parent or other representative, a claim against the person who is responsible for the injury. [Read More](https:///blog/litigation/how-to-settle-a-claim-when-a-child-is-injured) [![](https:///Cache/2ea8503efacaf2cbc15b2337c64469ef-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/are-waivers-releases-and-exculpatory-agreements-enforceable) [Are Waivers, Releases, and Exculpatory Agreements Enforceable?](https:///blog/litigation/are-waivers-releases-and-exculpatory-agreements-enforceable) Indiana courts adopted the majority view that pre-injury waivers and releases, or exculpatory agreements that release a party from liability are enforceable. [Read More](https:///blog/litigation/are-waivers-releases-and-exculpatory-agreements-enforceable) [![](https:///Cache/5a4475eac8c4c976bafb5a1f371f028f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/what-is-defamation) [What is Defamation?](https:///blog/litigation/what-is-defamation) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) A false communication which causes harm to a person’s reputation, known as defamation, can subject the defamer to an expensive lawsuit and damages. [Read More](https:///blog/litigation/what-is-defamation) [![](https:///Cache/1d784a94b6f7359261966f0efe4288f1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/exculpatory-clauses-can-they-protect-you) [Exculpatory Clauses: Can They Protect You?](https:///blog/litigation/exculpatory-clauses-can-they-protect-you) Parties agree that one is under no obligation of care for the other and shall not be liable for the consequences of conduct which would otherwise be negligent. [Read More](https:///blog/litigation/exculpatory-clauses-can-they-protect-you) [](https:///blog/litigation/2022-lawyers-of-the-year-in-best-lawyers-in-america) [2022 "Lawyers of the Year" in Best Lawyers in America](https:///blog/litigation/2022-lawyers-of-the-year-in-best-lawyers-in-america) Barrett McNagny LLP is proud to announce that Robert Keen and Patrick Murphy were selected by their peers for inclusion in The Best Lawyers in America® 2022 as “Lawyer of the Year” in their respective practice areas. [Read More](https:///blog/litigation/2022-lawyers-of-the-year-in-best-lawyers-in-america) [![](https:///Cache/8a30b5ef4c98e0504b3758fb8e436006-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/landowner-obligations-for-snow-and-ice-removal) [Landowner Obligations for Snow and Ice Removal](https:///blog/litigation/landowner-obligations-for-snow-and-ice-removal) Anyone who has spent a winter in Indiana knows that snow and ice are unavoidable weather conditions. Slip-and-fall injuries are a common occurrence and a common subject of insurance claims that lead to lawsuits. [Read More](https:///blog/litigation/landowner-obligations-for-snow-and-ice-removal) [![](https:///Cache/bf0c304cc1e63f9efc935e86fdac8978-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/closely-held-family-business-injunctive-relief) [Can an injunction solve problems in a family business?](https:///blog/litigation/closely-held-family-business-injunctive-relief) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) Many family businesses are closely held, meaning only a few people have an ownership interest in the business. In these types of businesses, disputes between the shareholders can cause problems on many levels, sometimes leading to litigation. [Read More](https:///blog/litigation/closely-held-family-business-injunctive-relief) [![](https:///Cache/fbac639e939644f42824607c184b1c2c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) [​Is it medical malpractice or ordinary negligence?](https:///blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) By [William A. Ramsey](https:///our-people/william-a-ramsey) Claims against healthcare providers for negligent acts fall into two broad categories of medical malpractice and ordinary negligence. In general, claims that are related to the promotion of a patient’s health or a healthcare provider’s professional expertise, skill, or judgment are considered claims of medical malpractice, while claims that are unrelated to these issues are considered claims of ordinary negligence. [Read More](https:///blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) [![](https:///Cache/7057c0579319b12f46f306c73c6d3f55-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/phones-down-while-driving-indiana) [Phones Down While Driving, Indiana](https:///blog/litigation/phones-down-while-driving-indiana) ​As of July 1, 2020, those operating a moving motor vehicle in the Hoosier state are prohibited from holding a cell phone. [Read More](https:///blog/litigation/phones-down-while-driving-indiana) [![](https:///Cache/5d415ba607809c50262891dfed7d505a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/do-i-have-coverage-for-this) [Do I have coverage for this?](https:///blog/litigation/do-i-have-coverage-for-this) Every day we are bombarded with advertisements trying to sell us more insurance. For the average consumer, the choice is not particularly complicated. Most people are in the market for an auto, home, or renter’s insurance policy. But for a business, choosing the type of coverage needed to adequately protect one’s interests can be a much more complicated decision. [Read More](https:///blog/litigation/do-i-have-coverage-for-this) [![](https:///Cache/13014072875e848485034c5a0f6845cd-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/what-is-an-injunction) [What Is An Injunction?](https:///blog/litigation/what-is-an-injunction) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) An injunction is an order issued by a judge that forces a person or entity to perform an action or stop taking certain action. [Read More](https:///blog/litigation/what-is-an-injunction) [![](https:///Cache/13248552b0c600459ca25c9a14b80239-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/top-ten-questions-to-ask-your-lawyer-before-you-litigate) [Top Ten Questions to Ask your Lawyer before you Litigate](https:///blog/litigation/top-ten-questions-to-ask-your-lawyer-before-you-litigate) Before retaining counsel for a litigation matter, you should ask these ten questions. [Read More](https:///blog/litigation/top-ten-questions-to-ask-your-lawyer-before-you-litigate) 1[2](https:///blog/litigation?Page=2) [older](https:///blog/litigation?Page=2) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Litigation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation?Page=2 #[Blog](https:///blog) ##Litigation [![](https:///Cache/60ccc8155ebcd4f3d854ed3746185d3f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/day-to-day-practices-to-promote-litigation-success) [Day-to-day Practices to Promote Litigation Success](https:///blog/litigation/day-to-day-practices-to-promote-litigation-success) By [Benjamin D. Ice](https:///our-people/benjamin-d-ice) Don’t lose your case before it’s even filed! Most people avoid litigation like the plague, and for good reason. Litigation can be expensive and risky. [Read More](https:///blog/litigation/day-to-day-practices-to-promote-litigation-success) [![](https:///Cache/42db6c266026cf1f740da8130901e575-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/a-business-can-be-found-guilty-of-discrimination-even-when-the-same-person-who-hires-an-employee-fires-that-employee) [A Business Can Be Found Guilty of Discrimination Even When the Same Person Who Hires an Employee Fires that Employee](https:///blog/litigation/a-business-can-be-found-guilty-of-discrimination-even-when-the-same-person-who-hires-an-employee-fires-that-employee) When it comes to discrimination in the workplace, employers sometimes ask themselves, “How could a decision to fire an employee be biased when the same supervisor made the decision to hire the employee?” [Read More](https:///blog/litigation/a-business-can-be-found-guilty-of-discrimination-even-when-the-same-person-who-hires-an-employee-fires-that-employee) [![](https:///Cache/0066c3f74e3c8e1bc630b3b8cbe53bd2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/the-legislature-should-increase-sanctions-related-to-qualified-settlement-offers) [The Legislature Should Increase Sanctions Related to Qualified Settlement Offers](https:///blog/litigation/the-legislature-should-increase-sanctions-related-to-qualified-settlement-offers) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) In Indiana, courts prefer parties to reach settlement resolutions instead of taking cases to trial. Doing so helps parties reduce litigation costs and increases efficiency in the courts by reducing the number of cases pending in the court system. [Read More](https:///blog/litigation/the-legislature-should-increase-sanctions-related-to-qualified-settlement-offers) [![](https:///Cache/145898ed797713139c3983362725650f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/what-to-do-if-your-company-is-sued) [What to Do if Your Company Is Sued](https:///blog/litigation/what-to-do-if-your-company-is-sued) By [William A. Ramsey](https:///our-people/william-a-ramsey) Your company, a business built through the labor and ingenuity of you and others, has been sued. You probably learned of the lawsuit when you received a Summons and Complaint. Do you know what to do next? [Read More](https:///blog/litigation/what-to-do-if-your-company-is-sued) [![](https:///Cache/34f13dacab23e0a43a253bdbaddd3743-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/litigation/no-pay-no-play-statutes) ["No Pay, No Play" Statutes](https:///blog/litigation/no-pay-no-play-statutes) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) "No pay, no play" statutes allow insurance companies to avoid paying certain non-economic damages to repeat uninsured motorists injured in a motor vehicle accident. [Read More](https:///blog/litigation/no-pay-no-play-statutes) [![](https:///Cache/6456c37ae0a9ce1b840e748dfaad415f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/medical-malpractice/medical-malpractice-act-amended) [Medical Malpractice Act Amended](https:///blog/litigation/medical-malpractice/medical-malpractice-act-amended) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Indiana legislature amended the Medical Malpractice Act ("MMA") to increase the statutory limit on damages that a plaintiff may recover in a medical malpractice case. [Read More](https:///blog/litigation/medical-malpractice/medical-malpractice-act-amended) [![](https:///Cache/9421006db24e1b99ed312fe6a6e624d1-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/litigation/article-on-contractual-liability-exclusions) [Article on contractual liability exclusions](https:///blog/litigation/article-on-contractual-liability-exclusions) By [William A. Ramsey](https:///our-people/william-a-ramsey) William Ramsey authors article for The Indiana Lawyer titled "DTCI: Indiana adopts the majority view on contractual liability exclusions." [Read More](https:///blog/litigation/article-on-contractual-liability-exclusions) [![](https:///Cache/7d5586f1d0da63cede98c66d3b45e282-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) ["Loss of Chance: A Historical Overview and Analysis of the Doctrine's Current State"](https:///blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) By [William A. Ramsey](https:///our-people/william-a-ramsey) William Ramsey authors article for the Defense Trial Counsel of Indiana that was published in the Indiana Civil Litigation Review. [Read More](https:///blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) [newer](https:///blog/litigation) [1](https:///blog/litigation)2 ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Employee Benefits Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits #[Blog](https:///blog) ##Employee Benefits Law [![](https:///Cache/51cfbbb0eee201c5c5419fe96cee5495-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/parachute-payments-in-mergers-and-acquisitions) [Parachute Payments in Mergers and Acquisitions](https:///blog/labor-and-employment-law/employee-benefits/parachute-payments-in-mergers-and-acquisitions) By [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky) Mergers and acquisitions may trigger IRS Sections 280G & 4999, leading to costly tax impacts on companies and individuals making excess parachute payments. [Read More](https:///blog/labor-and-employment-law/employee-benefits/parachute-payments-in-mergers-and-acquisitions) [![](https:///Cache/d43840febfafdeccb39431836841171e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/contribution-rules-for-401k-plans-to-change) [Contribution Rules for 401(k) Plans to Change](https:///blog/labor-and-employment-law/employee-benefits/contribution-rules-for-401k-plans-to-change) By [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky) Starting in 2025, the SECURE 2.0 Act changes 401(k) catch-up contributions. Some changes are optional, but others will be mandatory. [Read More](https:///blog/labor-and-employment-law/employee-benefits/contribution-rules-for-401k-plans-to-change) [](https:///blog/labor-and-employment-law/employee-benefits/retirement-plan-limits-increase-in-2024) [Retirement Plan Limits Increase in 2024](https:///blog/labor-and-employment-law/employee-benefits/retirement-plan-limits-increase-in-2024) The Internal Revenue Service(IRS) and the Social Security Administration have increased the maximum benefit/contribution limits for 2024. [Read More](https:///blog/labor-and-employment-law/employee-benefits/retirement-plan-limits-increase-in-2024) [![](https:///Cache/5423ce218365abac6c71a504d8eaf853-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/secure-20-and-the-student-debt-solution-for-retirement-plans) [SECURE 2.0 and the Student Debt Solution for Retirement Plans](https:///blog/labor-and-employment-law/employee-benefits/secure-20-and-the-student-debt-solution-for-retirement-plans) President Biden signed into law SECURE 2.0, an Act which implicates a variety of different legal fields, none more significantly than ERISA law. Under the Act, the law now allows talented employees with student loan debt to be compensated for their work through employer matching contributions to a retirement plan. [Read More](https:///blog/labor-and-employment-law/employee-benefits/secure-20-and-the-student-debt-solution-for-retirement-plans) [![](https:///Cache/833a1f43387e920fe1108979b4c1a738-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/labor-and-employment-law/employee-benefits/benefit-contribution-limits-increase-in-2023) [Benefit Contribution Limits Increase in 2023](https:///blog/labor-and-employment-law/employee-benefits/benefit-contribution-limits-increase-in-2023) The Internal Revenue Service(IRS) and the Social Security Administration have increased the maximum benefit/contribution limits for 2023. [Read More](https:///blog/labor-and-employment-law/employee-benefits/benefit-contribution-limits-increase-in-2023) [![](https:///Cache/509386fdd9fe8ca4cc00621a8794447e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/rehiring-retirees-and-the-impact-to-retirement-plans) [Rehiring Retirees and the Impact to Retirement Plans](https:///blog/labor-and-employment-law/employee-benefits/rehiring-retirees-and-the-impact-to-retirement-plans) By [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky) Retired and Rehired: The IRS had previously issued FAQs to explain the retirement plan rules of the CARES Act. The original guidance answered questions about expanded distribution options and favorable tax treatment for retirement distributions needed because of the impact of coronavirus. [Read More](https:///blog/labor-and-employment-law/employee-benefits/rehiring-retirees-and-the-impact-to-retirement-plans) [![](https:///Cache/fb4b007f36c5d128dcd647004d6b7163-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/offering-employees-pre-tax-benefits-you-need-a-cafeteria-plan) [Offering Employees Pre-Tax Benefits? You Need a Cafeteria Plan](https:///blog/labor-and-employment-law/employee-benefits/offering-employees-pre-tax-benefits-you-need-a-cafeteria-plan) With few exceptions, the premium costs paid by employees for group health benefits are paid with pre-tax dollars. In other words, the employee’s portion of healthcare premiums is taken out of the employee’s pay before the employer withholds taxes. [Read More](https:///blog/labor-and-employment-law/employee-benefits/offering-employees-pre-tax-benefits-you-need-a-cafeteria-plan) [![](https:///Cache/53081dabec75522d377f6e36562315e1-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/401k-403b-plans-selected-developments) [401(k) / 403(b) Plans - Selected Developments](https:///blog/labor-and-employment-law/employee-benefits/401k-403b-plans-selected-developments) This is to update you on certain recent developments pertaining to 401(k) and 403(b) plans, which may affect your plan operations and plan document. [Read More](https:///blog/labor-and-employment-law/employee-benefits/401k-403b-plans-selected-developments) [![](https:///Cache/5107c0f49d1bbc31b2ac46d7bd97f790-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/employee-benefits/employers-getting-pushed-for-1095s-despite-deadline-extension) [Employers Getting Pushed for 1095s Despite Deadline Extension](https:///blog/labor-and-employment-law/employee-benefits/employers-getting-pushed-for-1095s-despite-deadline-extension) On December 28, 2015, the IRS pushed back the date employers must distribute the Form 1095, which was originally due when the Form W-2 was due. Employers now have until March 31, 2016, to send 1095 forms to employees notifying them of their health care coverage for 2015. [Read More](https:///blog/labor-and-employment-law/employee-benefits/employers-getting-pushed-for-1095s-despite-deadline-extension) [![](https:///Cache/7b8c1078e878cdfa7d18a995ed339384-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/labor-and-employment-law/employee-benefits/affordable-care-act-cadillac-tax-delayed) [Affordable Care Act "Cadillac Tax" Delayed](https:///blog/labor-and-employment-law/employee-benefits/affordable-care-act-cadillac-tax-delayed) The Affordable Care Act "Cadillac Tax" delayed for two years. [Read More](https:///blog/labor-and-employment-law/employee-benefits/affordable-care-act-cadillac-tax-delayed) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Health Care Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/health-care #[Blog](https:///blog) ##Health Care Law [![](https:///Cache/6f6a0a6c8cbe930489cf834e862ece6e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/health-care/the-health-care-peer-review-process) [​The Health Care Peer Review Process](https:///blog/health-care/the-health-care-peer-review-process) By [William A. Ramsey](https:///our-people/william-a-ramsey) Hospitals, physician groups, and medical offices of all sizes can (and should) use a peer review process to address and improve patient care. [Read More](https:///blog/health-care/the-health-care-peer-review-process) [![](https:///Cache/9df32b8197e9de587306ed72e5a0a1fc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/health-care/the-risks-associated-doctors-crossing-borders) [The Risks Associated Doctors Crossing Borders](https:///blog/health-care/the-risks-associated-doctors-crossing-borders) By [William A. Ramsey](https:///our-people/william-a-ramsey) The practice of providing medical advice over the phone, internet, or other electronic means can allow physicians to respond to these wishes and provide efficient and cost-effective benefits to patients. [Read More](https:///blog/health-care/the-risks-associated-doctors-crossing-borders) [![](https:///Cache/e6aa36464ed3788b174cf7eb8234bb7a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/health-care/phase-2-of-hipaa-audit-program-launches) [Phase 2 of HIPAA Audit Program Launches](https:///blog/health-care/phase-2-of-hipaa-audit-program-launches) Release from the Office for Civil Rights (OCR) regarding the 2016 Phase 2 HIPAA Audit Program. [Read More](https:///blog/health-care/phase-2-of-hipaa-audit-program-launches) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Labor and Employment Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law #[Blog](https:///blog) ##Labor and Employment Law [![](https:///Cache/a4b57e700a45976e854c52e20b328a35-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/schreiber-elected-partner) [Schreiber Elected Partner](https:///blog/labor-and-employment-law/schreiber-elected-partner) Sarah L. Schreiber, a member of the labor and employment team, was elected Partner effective January 1, 2026. [Read More](https:///blog/labor-and-employment-law/schreiber-elected-partner) [![](https:///Cache/53d3402a4ea62f20745022ca08ef1011-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/2025-national-labor-relations-act-updates-key-developments-and-implications) [2025 National Labor Relations Act Updates: Key Developments and Implications](https:///blog/labor-and-employment-law/2025-national-labor-relations-act-updates-key-developments-and-implications) By [Anthony M. Stites](https:///our-people/anthony-m-stites) Learn about the updates and key developments of the National Labor Relations Board and what employers should do. [Read More](https:///blog/labor-and-employment-law/2025-national-labor-relations-act-updates-key-developments-and-implications) [![](https:///Cache/18e07a1bcc18b0bb7584d8faef2185a3-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/nuevo-joins-labor-and-employment-team) [Nuevo Joins Labor & Employment Team](https:///blog/labor-and-employment-law/nuevo-joins-labor-and-employment-team) Stephanie Nuevo has joined the firm and will focus her practice in the areas of litigation and labor & employment law. [Read More](https:///blog/labor-and-employment-law/nuevo-joins-labor-and-employment-team) [![](https:///Cache/54f331c89c041af5f398fcfdaec555cc-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/potential-changes-to-home-healthcare-third-party-providers-overtime-obligations) [Potential Changes to Home Healthcare Third-Party Providers Overtime Obligations](https:///blog/labor-and-employment-law/potential-changes-to-home-healthcare-third-party-providers-overtime-obligations) By [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber) ​The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued a proposed rule that would substantially reduce overtime obligations for third-party home healthcare providers. [Read More](https:///blog/labor-and-employment-law/potential-changes-to-home-healthcare-third-party-providers-overtime-obligations) [![](https:///Cache/91eb5c1c279c503c4fefa3a64e6139c2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/creating-an-effective-employee-handbook-a-comprehensive-guide) [Creating an Effective Employee Handbook: A Comprehensive Guide](https:///blog/labor-and-employment-law/creating-an-effective-employee-handbook-a-comprehensive-guide) By [James J. O'Connor](https:///our-people/james-j-oconnor) Discover essential tips for creating an effective employee handbook that fosters workplace culture and provides legal protection for your business. [Read More](https:///blog/labor-and-employment-law/creating-an-effective-employee-handbook-a-comprehensive-guide) [![](https:///Cache/eb53bc424d2494b69442332553949460-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/documents-at-hiring-and-form-i-9-audits) [Documents at Hiring and Form I-9 Audits](https:///blog/labor-and-employment-law/documents-at-hiring-and-form-i-9-audits) By [James J. O'Connor](https:///our-people/james-j-oconnor) Essential guide to Form I-9 compliance, audit preparation, and federal penalties. HR professionals' complete resource for employment verification. [Read More](https:///blog/labor-and-employment-law/documents-at-hiring-and-form-i-9-audits) [![](https:///Cache/8ee2a5dae00a3efd8b284092ce54c05f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/laws-governing-service-and-emotional-support-animals-in-the-workplace) [Laws Governing Service & Emotional Support Animals in the Workplace](https:///blog/labor-and-employment-law/laws-governing-service-and-emotional-support-animals-in-the-workplace) By [Carta H. Robison](https:///our-people/carta-h-robison) Learn when employees can bring emotional support animals to work under ADA laws. Essential guide for employers on workplace accommodation requirements. [Read More](https:///blog/labor-and-employment-law/laws-governing-service-and-emotional-support-animals-in-the-workplace) [![](https:///Cache/34e763e21653bb096ca7ef3435cb9420-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/new-indiana-law-to-take-effect-july-1-to-impact-employers) [New Indiana Law to Take Effect July 1 to Impact Employers](https:///blog/labor-and-employment-law/new-indiana-law-to-take-effect-july-1-to-impact-employers) By [Stephanie Nuevo](https:///our-people/stephanie-nuevo) On April 24, 2025, Indiana enacted a law requiring protected, unpaid employee leave for school conferences which takes effect July 1, 2025. [Read More](https:///blog/labor-and-employment-law/new-indiana-law-to-take-effect-july-1-to-impact-employers) [![](https:///Cache/abeb2e13043b7d710f6fb89914c25011-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/is-your-confidentiality-agreement-enforceable) [Is Your Confidentiality Agreement Enforceable?](https:///blog/labor-and-employment-law/is-your-confidentiality-agreement-enforceable) By [Caleb W. Peery](https:///our-people/caleb-w-peery) Learn key requirements for enforceable employee confidentiality agreements, including federal DTSA compliance and state-specific considerations. [Read More](https:///blog/labor-and-employment-law/is-your-confidentiality-agreement-enforceable) [](https:///blog/labor-and-employment-law/nlrb-remedies-during-pending-litigation-starbucks-corp-v-mckinney) [NLRB Remedies During Pending Litigation: Starbucks Corp. v. McKinney](https:///blog/labor-and-employment-law/nlrb-remedies-during-pending-litigation-starbucks-corp-v-mckinney) By [Anthony M. Stites](https:///our-people/anthony-m-stites) This ruling emphasizes the importance of understanding the evidentiary standards required for preliminary injunctions in labor disputes. [Read More](https:///blog/labor-and-employment-law/nlrb-remedies-during-pending-litigation-starbucks-corp-v-mckinney) [](https:///blog/labor-and-employment-law/what-is-fmla) [What is FMLA?](https:///blog/labor-and-employment-law/what-is-fmla) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave for family and medical reasons. [Read More](https:///blog/labor-and-employment-law/what-is-fmla) [](https:///blog/labor-and-employment-law/update-on-the-department-of-labor-2024-overtime-pay-rule) [Update on the Department of Labor's 2024 Overtime Pay Rule](https:///blog/labor-and-employment-law/update-on-the-department-of-labor-2024-overtime-pay-rule) By [Carta H. Robison](https:///our-people/carta-h-robison) On Nov. 15, 2024, the Texas court voided the 2024 Rule, blocking its enforcement and halting the planned 2025 salary threshold changes. [Read More](https:///blog/labor-and-employment-law/update-on-the-department-of-labor-2024-overtime-pay-rule) [![](https:///Cache/ef74eb060d044f92b92dd74df177b68b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/schreiber-joins-labor-and-employment-team) [Schreiber Joins Labor & Employment Team](https:///blog/labor-and-employment-law/schreiber-joins-labor-and-employment-team) Barrett McNagny LLP is pleased to announce that Sarah L. Schreiber has joined the firm and will practice in the area of employment law and labor relations. [Read More](https:///blog/labor-and-employment-law/schreiber-joins-labor-and-employment-team) [![](https:///Cache/1ddac386a1660d76477aed63cadb19f7-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/texas-district-court-issued-a-nationwide-injunction-on-the-ftcs-rule-banning-non-competes) [Texas District Court Issued a Nationwide Injunction on the FTC’s Rule Banning Non-Competes](https:///blog/labor-and-employment-law/texas-district-court-issued-a-nationwide-injunction-on-the-ftcs-rule-banning-non-competes) The FTC's Non-Compete Rule will not be enforced or otherwise take effect on its effective date of September 4, 2024 or thereafter.. [Read More](https:///blog/labor-and-employment-law/texas-district-court-issued-a-nationwide-injunction-on-the-ftcs-rule-banning-non-competes) [![](https:///Cache/a649b0e695cc663e771458f0a80ede5f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/the-district-court-issues-limited-stay-on-ftcs-non-compete-rule) [The District Court Issues Limited Stay On FTC’s Non-Compete Rule](https:///blog/labor-and-employment-law/the-district-court-issues-limited-stay-on-ftcs-non-compete-rule) The United States District Court for the Northern District of Texas concluded that Congress did not empower the FTC to exercise substantive rulemaking. [Read More](https:///blog/labor-and-employment-law/the-district-court-issues-limited-stay-on-ftcs-non-compete-rule) [![](https:///Cache/962be67b7ea86fcf3138412c223042f2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/final-regulation-on-pregnant-workers-fairness-act) [Final Regulation on Pregnant Workers Fairness Act](https:///blog/labor-and-employment-law/final-regulation-on-pregnant-workers-fairness-act) On April 15, 2024, the EEOC issued a rule for the Pregnant Workers Fairness Act, requiring reasonable accommodations for pregnancy-related conditions. [Read More](https:///blog/labor-and-employment-law/final-regulation-on-pregnant-workers-fairness-act) [![](https:///Cache/043a9b6908ec5c7d929f104607f408ce-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-salary-threshold-to-qualify-for-overtime) [Department of Labor Issues Final Rule on Salary Threshold to Qualify for Overtime](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-salary-threshold-to-qualify-for-overtime) The U.S. Department of Labor released a rule that raises the salary threshold to qualify for certain overtime exemptions under the Fair Labor Standards Act. [Read More](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-salary-threshold-to-qualify-for-overtime) [![](https:///Cache/45186bb8f2eabc02dad206ca521e700f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/ftc-issues-ruling-on-banning-non-competes) [FTC Issues Ruling on Banning Non-Competes](https:///blog/labor-and-employment-law/ftc-issues-ruling-on-banning-non-competes) By [H. Joseph Cohen](https:///our-people/h-joseph-cohen) On April 23, 2024, the Federal Trade Commission (“FTC”) approved a final rule banning most non-compete clauses. [Read More](https:///blog/labor-and-employment-law/ftc-issues-ruling-on-banning-non-competes) [![](https:///Cache/caeff16b10e8e40c9bfed73f6c098665-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/changes-to-illinois-leave-laws-effective-january-1-2024) [Changes to Illinois Leave Laws Effective January 1, 2024](https:///blog/labor-and-employment-law/changes-to-illinois-leave-laws-effective-january-1-2024) By [Carta H. Robison](https:///our-people/carta-h-robison) Employers with employees in Chicago and Illinois have new leave laws that will be effective January 1, 2024. [Read More](https:///blog/labor-and-employment-law/changes-to-illinois-leave-laws-effective-january-1-2024) [![](https:///Cache/7282cfbddf17518174c4de440584c47d-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/labor-and-employment-law/national-labor-relations-board-issues-final-rule-on-joint-employer-status) [National Labor Relations Board Issues Final Rule on Joint Employer Status](https:///blog/labor-and-employment-law/national-labor-relations-board-issues-final-rule-on-joint-employer-status) By [Carta H. Robison](https:///our-people/carta-h-robison) The National Labor Relations Board issued a final joint employer rule which rescinds and replaces the previous joint employer standard. [Read More](https:///blog/labor-and-employment-law/national-labor-relations-board-issues-final-rule-on-joint-employer-status) 1[2](https:///blog/labor-and-employment-law?Page=2)[3](https:///blog/labor-and-employment-law?Page=3)[4](https:///blog/labor-and-employment-law?Page=4) [older](https:///blog/labor-and-employment-law?Page=2) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Labor and Employment Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law?Page=2 #[Blog](https:///blog) ##Labor and Employment Law [![](https:///Cache/201ef75eab6fc35f2b8a23ea9957d974-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/new-i-9-form-for-employers) [New I-9 Form for Employers](https:///blog/labor-and-employment-law/new-i-9-form-for-employers) The U.S. Citizenship and Immigration Services (“USCIS”) announced that beginning August 1, 2023, employers should use a new Form I-9 that will be available for download beginning that date. [Read More](https:///blog/labor-and-employment-law/new-i-9-form-for-employers) [![](https:///Cache/e5aaeb22bf135295bdb83c6694018a8b-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/labor-and-employment-law/injury-and-illness-reporting-change-for-high-hazard-industries) [Injury and Illness Reporting Change for "High-Hazard" Industries](https:///blog/labor-and-employment-law/injury-and-illness-reporting-change-for-high-hazard-industries) On July 17, 2023, the Department of Labor (the “D.O.L.”) announced it would be implementing a final rule (29 C.F.R. § 1904.41(a)(2)) on January 1, 2024, which changes the injury and illness reporting requirements for certain businesses in “high-hazard” industries. [Read More](https:///blog/labor-and-employment-law/injury-and-illness-reporting-change-for-high-hazard-industries) [![](https:///Cache/fc604bea9344085b0fa4a83922b0a31e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/the-pregnant-workers-fairness-act) [The Pregnant Workers Fairness Act](https:///blog/labor-and-employment-law/the-pregnant-workers-fairness-act) The Pregnant Workers Fairness Act ("PWFA") is a new law that will take effect on June 27, 2023. The PWFA requires employers with 15 or more employees to provide temporary and reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” [Read More](https:///blog/labor-and-employment-law/the-pregnant-workers-fairness-act) [](https:///blog/labor-and-employment-law/federal-trade-commission-proposes-a-ban-on-non-compete-clauses-in-employment-contracts) [Federal Trade Commission Proposes a Ban on Non-Compete Clauses in Employment Contracts](https:///blog/labor-and-employment-law/federal-trade-commission-proposes-a-ban-on-non-compete-clauses-in-employment-contracts) On January 5, 2023, the Federal Trade Commission (“FTC”) issued a proposed rule (“Proposed Rule”) which would ban non-compete clauses from employment contracts. The Proposed Rule bans non-compete clauses in contracts for employees and independent contractors. [Read More](https:///blog/labor-and-employment-law/federal-trade-commission-proposes-a-ban-on-non-compete-clauses-in-employment-contracts) [![](https:///Cache/b3ed31a8768e7703f5752187091d7505-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/benefits-of-an-employee-handbook) [Benefits of an Employee Handbook](https:///blog/labor-and-employment-law/benefits-of-an-employee-handbook) By [Carta H. Robison](https:///our-people/carta-h-robison) An Employee Handbook (sometimes called an employee manual) is a written set of policies, procedures, and practices often provided to new employees at the start of their employment with the company. An Employee Handbook is designed to provide employees with guidance, procedures, expectations (of both the employee and the employer), and other information related to their employment. Employee Handbooks can be used by employees at the start of employment to learn the employer’s core values, mission, and other pertinent onboarding information. [Read More](https:///blog/labor-and-employment-law/benefits-of-an-employee-handbook) [![](https:///Cache/c063c2ab49e981b80c673d6674fe0346-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/eeoc-releases-updated-know-your-rights-poster-for-employers) [EEOC Releases Updated 'Know Your Rights' Poster for Employers](https:///blog/labor-and-employment-law/eeoc-releases-updated-know-your-rights-poster-for-employers) The United States Equal Employment Opportunity Commission (“EEOC”) updated its “Know Your Rights” poster. This poster updates and replaces the previous “EEO is the Law” poster. [Read More](https:///blog/labor-and-employment-law/eeoc-releases-updated-know-your-rights-poster-for-employers) [![](https:///Cache/8fcd8ce4c2d11327f50b1eeffd8ea63b-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/tips-for-hiring-and-recruiting-employees) [Tips for Hiring and Recruiting Employees](https:///blog/labor-and-employment-law/tips-for-hiring-and-recruiting-employees) Employers are facing challenges when it comes to hiring and recruiting for open positions. Here are a few tips for human resource professionals looking to create a successful hiring and recruiting process. [Read More](https:///blog/labor-and-employment-law/tips-for-hiring-and-recruiting-employees) [![](https:///Cache/1bee24cedf76df03d48ae05131bf65af-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/supreme-court-issues-rulings-on-vaccine-mandates) [Supreme Court Issues Rulings on Vaccine Mandates](https:///blog/labor-and-employment-law/supreme-court-issues-rulings-on-vaccine-mandates) The Supreme Court of the United States ("SCOTUS") issued two rulings related to vaccine mandates that involved the Emergency Temporary Standard (“ETS”) issued by the Occupational Safety and Health Administration’s (“OSHA”) and the vaccine mandate for health care workers. [Read More](https:///blog/labor-and-employment-law/supreme-court-issues-rulings-on-vaccine-mandates) [![](https:///Cache/2213afeb9c2ca5f5848af476b8cb96e3-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/union-avoidance-steps-for-employers) [Steps for Employers to Preserve a Union Free Workplace](https:///blog/labor-and-employment-law/union-avoidance-steps-for-employers) Learn the steps employer should take to implement a union free business philosophy and preserve a union free workplace. [Read More](https:///blog/labor-and-employment-law/union-avoidance-steps-for-employers) [![](https:///Cache/b4fb7e5298d1df545b3c558521dea9ea-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/reasonable-accommodation-and-interactive-process-under-the-americans-with-disabilities-act-ada) [​“Reasonable Accommodation” and “Interactive Process” Under the Americans with Disabilities Act (ADA)](https:///blog/labor-and-employment-law/reasonable-accommodation-and-interactive-process-under-the-americans-with-disabilities-act-ada) Employers need to be aware of two key terms under the Americans with Disabilities Act (ADA), “reasonable accommodation” and “interactive process" [Read More](https:///blog/labor-and-employment-law/reasonable-accommodation-and-interactive-process-under-the-americans-with-disabilities-act-ada) [![](https:///Cache/68a74f99e048ad14cf8b4425f143c5c5-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/fmla-vs-the-ada) [FMLA vs. the ADA](https:///blog/labor-and-employment-law/fmla-vs-the-ada) Learn the differences between FMLA vs. ADA and determine which one an employee qualifies for given their situation. [Read More](https:///blog/labor-and-employment-law/fmla-vs-the-ada) [![](https:///Cache/52648a20b9170a214c31887746e6354d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/what-should-your-companys-internet-usage-policy-include) [What should your company’s internet usage policy include?](https:///blog/labor-and-employment-law/what-should-your-companys-internet-usage-policy-include) It is important for a business to have an internet usage policy in place that sets and establishes guidelines for employees to follow while using the internet at work. [Read More](https:///blog/labor-and-employment-law/what-should-your-companys-internet-usage-policy-include) [![](https:///Cache/79a86e54e4029d11d61dbb803aa78976-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/supreme-court-decision-on-federal-anti-discrimination-laws) [Supreme Court Decision on Federal Anti-Discrimination Laws](https:///blog/labor-and-employment-law/supreme-court-decision-on-federal-anti-discrimination-laws) By [Anthony M. Stites](https:///our-people/anthony-m-stites) The Supreme Court of the United States ruled on June 15, 2020 that the existing Federal Anti-Discrimination laws provide protection to applicants and employees on the basis of their sexual orientation and/or transgender status. [Read More](https:///blog/labor-and-employment-law/supreme-court-decision-on-federal-anti-discrimination-laws) [![](https:///Cache/d42b47202eed601764de914f0ca67237-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/my-companys-data-server-was-hacked-now-what) [​My Company’s Data Server was Hacked. Now what?](https:///blog/labor-and-employment-law/my-companys-data-server-was-hacked-now-what) Cyber-actors (or “hackers”) are targeting businesses to obtain any and all information that might have some form of value. It is imperative that companies have a set of steps in place to respond quickly for the sake of those affected and to comply with any and all regulating state or federal authorities, such as any applicable State Attorney General’s offices. [Read More](https:///blog/labor-and-employment-law/my-companys-data-server-was-hacked-now-what) [![](https:///Cache/918af2d0931b2783659be2778a0263f2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/final-title-ix-regulations) [Final Title IX Regulations](https:///blog/labor-and-employment-law/final-title-ix-regulations) On May 6, 2020, the U.S. Department of Education released the long-awaited final regulations regarding the procedures for colleges to use in handling sexual-harassment complaints. [Read More](https:///blog/labor-and-employment-law/final-title-ix-regulations) [![](https:///Cache/e9bc7119c4530938bf5ec441bc3d4c3a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/review-employer-charge-statements-from-indianas-department-of-workforce-development-for-accuracy) [Review Employer Charge Statements from Indiana’s Department of Workforce Development for Accuracy](https:///blog/labor-and-employment-law/review-employer-charge-statements-from-indianas-department-of-workforce-development-for-accuracy) By [James J. O'Connor](https:///our-people/james-j-oconnor) If you are - or work for - an employer dealing with layoffs, furloughs, or separations, it is important for you to be vigilant in reviewing the Charge Statements issued by Indiana’s Department of Workforce Development (DWD). [Read More](https:///blog/labor-and-employment-law/review-employer-charge-statements-from-indianas-department-of-workforce-development-for-accuracy) [![](https:///Cache/357b38b1dd2f944f1513097754155262-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/indiana-supreme-court-defines-use-of-liquidated-damages-clauses-in-employment-contracts) [Indiana Supreme Court Defines Use of Liquidated Damages Clauses in Employment Contracts](https:///blog/labor-and-employment-law/indiana-supreme-court-defines-use-of-liquidated-damages-clauses-in-employment-contracts) By [William A. Ramsey](https:///our-people/william-a-ramsey) Employment contracts frequently include restrictions on an employee’s ability to work for a competitor (non-competition clause) or to solicit the employer’s employees or customers (non-solicitation clause) for a period of time after the employee’s employment ceases. [Read More](https:///blog/labor-and-employment-law/indiana-supreme-court-defines-use-of-liquidated-damages-clauses-in-employment-contracts) [](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-what-perks-can-be-included-in-regular-rate-of-pay) [Department of Labor Issues Final Rule on What Perks Can be Included in "Regular Rate" of Pay](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-what-perks-can-be-included-in-regular-rate-of-pay) The U.S. Department of Labor announced its final rule on what perks employers can exclude from the regular rate of pay calculation. [Read More](https:///blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-what-perks-can-be-included-in-regular-rate-of-pay) [![](https:///Cache/d074e4e04f1c595f1ed308512127119a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/respecting-employees-privacy-rights-during-an-internal-investigation) [Respecting Employees’ Privacy Rights during an Internal Investigation](https:///blog/labor-and-employment-law/respecting-employees-privacy-rights-during-an-internal-investigation) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) An employer must respect employees’ privacy rights when conducting internal investigations in response to a claim or allegation. However, at the same time, it is necessary and important for the employer to obtain all of the relevant factual information. In most instances, the investigation must be conducted promptly and thoroughly. [Read More](https:///blog/labor-and-employment-law/respecting-employees-privacy-rights-during-an-internal-investigation) [![](https:///Cache/3a96f0f038a2e0a37d25c6f4410cb62e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/laws-impose-an-affirmative-obligation-to-investigate) [Laws Impose an Affirmative Obligation to Investigate](https:///blog/labor-and-employment-law/laws-impose-an-affirmative-obligation-to-investigate) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) There are various laws and statutes that create a duty to investigate by the employer when a claim has been made by an employee. [Read More](https:///blog/labor-and-employment-law/laws-impose-an-affirmative-obligation-to-investigate) [newer](https:///blog/labor-and-employment-law) [1](https:///blog/labor-and-employment-law)2[3](https:///blog/labor-and-employment-law?Page=3)[4](https:///blog/labor-and-employment-law?Page=4) [older](https:///blog/labor-and-employment-law?Page=3) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Labor and Employment Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law?Page=3 #[Blog](https:///blog) ##Labor and Employment Law [![](https:///Cache/1aad7bf28c447a83898b6ff62ff731e8-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/post-internal-investigations-matters) [Post Internal Investigations Matters](https:///blog/labor-and-employment-law/post-internal-investigations-matters) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) An internal investigation has been completed, but now a decision must be reached. If the investigation related to a claim or allegation that will result in discipline, the investigator must, usually, discern credibility of witnesses and relevant comfort levels with the information gathered. [Read More](https:///blog/labor-and-employment-law/post-internal-investigations-matters) [![](https:///Cache/df568f93b24c7b206a1a9b00c3dcf070-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/steps-in-a-workers-compensation-claim) [​Steps in a Worker’s Compensation Claim](https:///blog/labor-and-employment-law/steps-in-a-workers-compensation-claim) An article about the steps in a worker's compensation claim. [Read More](https:///blog/labor-and-employment-law/steps-in-a-workers-compensation-claim) [![](https:///Cache/396abded97cbdf734755b253d4c174a5-244x244-Smallest-0-1-CenterCenter.png)](https:///blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation) [Guidelines for Conducting an Internal Investigation](https:///blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) Conducting an internal investigation is an important part of any human resource professional’s job. This article provides guidelines that should be considered when conducting an investigation. [Read More](https:///blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation) [![](https:///Cache/19c364a5a0fdb9193c53477a3ca7147a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/tips-on-conducting-an-internal-investigation-for-human-resource-professionals) [Tips on Conducting an Internal Investigation for Human Resource Professionals](https:///blog/labor-and-employment-law/tips-on-conducting-an-internal-investigation-for-human-resource-professionals) By [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough) Most human resource professionals will need to conduct investigations during their careers as a part of their job duties. Investigations are most often required for allegations which include theft, drug use, discrimination, threats, assaults and harassment. [Read More](https:///blog/labor-and-employment-law/tips-on-conducting-an-internal-investigation-for-human-resource-professionals) [![](https:///Cache/0907116c2e561c0e308081381cd56f83-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/labor-and-employment-law/workers-compensation-insurance-do-i-need-it) [Worker’s Compensation Insurance – Do I need it?](https:///blog/labor-and-employment-law/workers-compensation-insurance-do-i-need-it) Many business owners ask the question, “Do I need Worker’s Compensation Insurance?” If you are a business owner find out if you are required to carry this insurance. [Read More](https:///blog/labor-and-employment-law/workers-compensation-insurance-do-i-need-it) [![](https:///Cache/2325234de8cb0d9f38e20ef604f46e24-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/7th-circuit-provides-narrow-interpretation-of-age-discrimination-employment-act) [7th Circuit Provides Narrow Interpretation of Age Discrimination Employment Act](https:///blog/labor-and-employment-law/7th-circuit-provides-narrow-interpretation-of-age-discrimination-employment-act) By [Anthony M. Stites](https:///our-people/anthony-m-stites) The 7th Circuit Court of Appeals, sitting en banc, ruled 8 to 4 that job applicants do not have legal standing to bring claims for unintentional age discrimination under the Age Discrimination Employment Act (ADEA). [Read More](https:///blog/labor-and-employment-law/7th-circuit-provides-narrow-interpretation-of-age-discrimination-employment-act) [![](https:///Cache/663dd617b310c5a2c357bab077c81b48-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/osha-rescinds-electronic-submission-and-public-disclosure-requirements-for-large-employers) [OSHA Rescinds Electronic Submission and Public Disclosure Requirements for Large Employers](https:///blog/labor-and-employment-law/osha-rescinds-electronic-submission-and-public-disclosure-requirements-for-large-employers) By [Anthony M. Stites](https:///our-people/anthony-m-stites) The Occupational Safety and Health Administration (“OSHA”) rescinded the existing rule on tracking of workplace injuries and illnesses. [Read More](https:///blog/labor-and-employment-law/osha-rescinds-electronic-submission-and-public-disclosure-requirements-for-large-employers) [![](https:///Cache/2d2be2de6eed445c9df04fcf51ac1ce2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/november-2018-midterm-election-results-for-use-of-marijuana) [November 2018 Midterm Election Results for use of Marijuana](https:///blog/labor-and-employment-law/november-2018-midterm-election-results-for-use-of-marijuana) Results from the states of Michigan, North Dakota, Utah and Missouri where marijuana initiatives were on the midterm ballot. [Read More](https:///blog/labor-and-employment-law/november-2018-midterm-election-results-for-use-of-marijuana) [![](https:///Cache/02d1e04aa7ff469e152c252d6dd46d9c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/us-department-of-labor-clarifies-when-interns-working-at-for-profit-employers-are-subject-to-the-fair-labor-standards-act) [U.S. Department of Labor Clarifies when Interns Working at For-Profit Employers Are Subject to the Fair Labor Standards Act](https:///blog/labor-and-employment-law/us-department-of-labor-clarifies-when-interns-working-at-for-profit-employers-are-subject-to-the-fair-labor-standards-act) By [H. Joseph Cohen](https:///our-people/h-joseph-cohen) On December 19, 2017, the United States Court of Appeals for the Ninth Circuit became the fourth federal appellate court expressly to reject the U.S. DOL's six-part test for determining whether interns and students are employees under the Fair Labor Standards Act. [Read More](https:///blog/labor-and-employment-law/us-department-of-labor-clarifies-when-interns-working-at-for-profit-employers-are-subject-to-the-fair-labor-standards-act) [![](https:///Cache/1f62c2e0ff2699ac55c54c2f671a19e4-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/new-i-9-form-effective-september-18-2017) [New I-9 Form Effective September 18, 2017](https:///blog/labor-and-employment-law/new-i-9-form-effective-september-18-2017) The U.S. Citizenship and Immigration Services (USCIS) is requiring the use of a new I-9 Form effective September 18, 2017. [Read More](https:///blog/labor-and-employment-law/new-i-9-form-effective-september-18-2017) [![](https:///Cache/d3bb8af9d5ea4f7ebace7a02bbe833c2-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/thresholds-for-state-and-federal-employment-law-coverage) [Thresholds for State and Federal Employment Law Coverage](https:///blog/labor-and-employment-law/thresholds-for-state-and-federal-employment-law-coverage) Businesses must follow different state and federal employment laws based on the number of employees. This can be confusing, as different laws have different thresholds. [Read More](https:///blog/labor-and-employment-law/thresholds-for-state-and-federal-employment-law-coverage) [![](https:///Cache/55b85b0f0b11599a8bb062ff99de1058-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/7th-circuit-title-vii-prohibits-discrimination-based-on-sexual-orientation) [7th Circuit: Title VII Prohibits Discrimination Based on “Sexual Orientation”](https:///blog/labor-and-employment-law/7th-circuit-title-vii-prohibits-discrimination-based-on-sexual-orientation) By [James J. O'Connor](https:///our-people/james-j-oconnor) April 5, 2017 - In a landmark decision almost certainly headed to the United States Supreme Court, the United States Court of Appeals for the Seventh Circuit en banc [Read More](https:///blog/labor-and-employment-law/7th-circuit-title-vii-prohibits-discrimination-based-on-sexual-orientation) [![](https:///Cache/34573ab09b8e519b8ad9aab543faf73e-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/new-i9-forms-required) [New I-9 Forms Required](https:///blog/labor-and-employment-law/new-i9-forms-required) The Department of Homeland Security has mandated the use of new I-9 forms starting January 22, 2017. [Read More](https:///blog/labor-and-employment-law/new-i9-forms-required) [![](https:///Cache/35fb3f037a0830312c5d07bd1548258a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/overtime-rule-stayed-by-judge-in-texas) [Overtime Rule Stayed by Judge in Texas](https:///blog/labor-and-employment-law/overtime-rule-stayed-by-judge-in-texas) By [Anthony M. Stites](https:///our-people/anthony-m-stites) On November 22, 2016, a Texas federal judge issued an Order that blocks nationwide the new Fair Labor Standards Act salary requirements for overtime and minimum wage exemptions based on executive, administrative, or professional capacity. [Read More](https:///blog/labor-and-employment-law/overtime-rule-stayed-by-judge-in-texas) [![](https:///Cache/029601346dac570a47ac09e42da307e6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/defend-trade-secrets-act-of-2016) [Defend Trade Secrets Act of 2016](https:///blog/labor-and-employment-law/defend-trade-secrets-act-of-2016) In late April, the United States Congress passed the Defend Trade Secrets Act of 2016 (DTSA). The DTSA became effective on May 11, 2016, the date President Obama signed the act into law and applies to any trade secret misappropriation that occurs on or after that date. [Read More](https:///blog/labor-and-employment-law/defend-trade-secrets-act-of-2016) [![](https:///Cache/59b0d658df1e3d8a5997db2852466470-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/labor-and-employment-law/family-medical-leave-act-poster-and-employer-guide) [Family Medical Leave Act Poster and Employer Guide](https:///blog/labor-and-employment-law/family-medical-leave-act-poster-and-employer-guide) The Department of Labor recently released an updated poster and a new Employer's Guide about the Family and Medical Leave Act. [Read More](https:///blog/labor-and-employment-law/family-medical-leave-act-poster-and-employer-guide) [![](https:///Cache/4c6406b78580f226ed49006f1da2e81d-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/connecticut-federal-district-court-holds-discrimination-on-the-basis-of-transgender-identity-is-prohibited-by-title-vii) [Connecticut Federal District Court Holds Discrimination on the Basis of Transgender Identity Is Prohibited by Title VII.](https:///blog/labor-and-employment-law/connecticut-federal-district-court-holds-discrimination-on-the-basis-of-transgender-identity-is-prohibited-by-title-vii) By [Anthony M. Stites](https:///our-people/anthony-m-stites) Article about a federal district court in Connecticut holding that an employer discriminating on the basis of an individual's transgender identity would violate Title VII. [Read More](https:///blog/labor-and-employment-law/connecticut-federal-district-court-holds-discrimination-on-the-basis-of-transgender-identity-is-prohibited-by-title-vii) [![](https:///Cache/3b22506629dafc9925e70c3a83dee590-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/labor-and-employment-law/indiana-protective-order-law-amended) [Indiana Protective Order Law Amended](https:///blog/labor-and-employment-law/indiana-protective-order-law-amended) By [Anthony M. Stites](https:///our-people/anthony-m-stites) A little-noticed bill signed into law on May 5, 2015, provides new protections in the workplace for victims of domestic violence. [Read More](https:///blog/labor-and-employment-law/indiana-protective-order-law-amended) [![](https:///Cache/6ae661568a5a88f9f8ff60c2b9d30364-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/indiana-veterans-preference-law) [Indiana Veteran's Preference Law](https:///blog/labor-and-employment-law/indiana-veterans-preference-law) By [Anthony M. Stites](https:///our-people/anthony-m-stites) Effective July 1, 2015: Private employers in Indiana are now allowed to implement a Veterans' preference employment policy providing preference to covered Veterans over other qualified applicants or employees when it comes to hiring, promotion, and/or retention during a reduction in workforce. [Read More](https:///blog/labor-and-employment-law/indiana-veterans-preference-law) [![](https:///Cache/1f26b60872bdb2f04234cb812fb88ec9-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/labor-and-employment-law/the-national-labor-relations-board-issues-decision-redefining-joint-employers) [The National Labor Relations Board Issues Decision Redefining Joint-Employers](https:///blog/labor-and-employment-law/the-national-labor-relations-board-issues-decision-redefining-joint-employers) On August 27, 2015, the National Labor Relations Board issued its decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186, which significantly broadened the definition of "joint employer". [Read More](https:///blog/labor-and-employment-law/the-national-labor-relations-board-issues-decision-redefining-joint-employers) [newer](https:///blog/labor-and-employment-law?Page=2) [1](https:///blog/labor-and-employment-law)[2](https:///blog/labor-and-employment-law?Page=2)3[4](https:///blog/labor-and-employment-law?Page=4) [older](https:///blog/labor-and-employment-law?Page=4) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Labor and Employment Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law?Page=4 #[Blog](https:///blog) ##Labor and Employment Law [![](https:///Cache/f32fcf986cf0215ec8693bb49b661a23-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/labor-and-employment-law/supreme-court-decision-on-the-fundamental-right-to-marry-by-same-sex-couples-what-does-this-mean-for-an-employer) [Supreme Court decision on the fundamental right to marry by same-sex couples: What does this mean for an employer?](https:///blog/labor-and-employment-law/supreme-court-decision-on-the-fundamental-right-to-marry-by-same-sex-couples-what-does-this-mean-for-an-employer) The Supreme Court's decision in Obergefell vs. Hodges, could have far-reaching implications for employers who have operated under various federal and state laws that regulate the legal and tax treatment for same-sex unions. [Read More](https:///blog/labor-and-employment-law/supreme-court-decision-on-the-fundamental-right-to-marry-by-same-sex-couples-what-does-this-mean-for-an-employer) [newer](https:///blog/labor-and-employment-law?Page=3) [1](https:///blog/labor-and-employment-law)[2](https:///blog/labor-and-employment-law?Page=2)[3](https:///blog/labor-and-employment-law?Page=3)4 ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Real Estate Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate #[Blog](https:///blog) ##Real Estate Law [![](https:///Cache/4e5e0f7808753b257bec6dd8b207db3a-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/indiana-mechanics-liens-key-timeframes-and-the-subcontractor-personal-liability-notice) [Indiana Mechanic’s Liens: Key Timeframes and the Subcontractor Personal Liability Notice](https:///blog/real-estate/indiana-mechanics-liens-key-timeframes-and-the-subcontractor-personal-liability-notice) Indiana mechanic’s liens help contractors secure payment, but strict statutes and deadlines mean missed filings can forfeit rights. [Read More](https:///blog/real-estate/indiana-mechanics-liens-key-timeframes-and-the-subcontractor-personal-liability-notice) [![](https:///Cache/ab729642d0076f10afc05edeb6a0e3cd-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/whats-yours-is-mine-understanding-adverse-possession-in-indiana) [What’s Yours is Mine: Understanding Adverse Possession in Indiana](https:///blog/real-estate/whats-yours-is-mine-understanding-adverse-possession-in-indiana) By [Benjamin N. Bailey](https:///our-people/benjamin-n-bailey) Learn how Indiana's adverse possession laws allow long-term occupants to gain legal ownership of land, even when "possession is nine-tenths of the law" doesn't apply. [Read More](https:///blog/real-estate/whats-yours-is-mine-understanding-adverse-possession-in-indiana) [![](https:///Cache/f7874c78ceb6b533ab4374b2cf320927-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/bailey-joins-real-estate-team) [Bailey Joins Real Estate Team](https:///blog/real-estate/bailey-joins-real-estate-team) Barrett McNagny LLP is pleased to announce that ​Benjamin N. Bailey has joined the firm with a focus on Real Estate Law and Economic Development. [Read More](https:///blog/real-estate/bailey-joins-real-estate-team) [![](https:///Cache/c74dc20817ae06a574ee7add5d23ade6-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/construction-law-tips-for-contractors-and-homeowners-on-remodeling-projects) [Construction Law Tips for Contractors and Homeowners on Remodeling Projects](https:///blog/real-estate/construction-law-tips-for-contractors-and-homeowners-on-remodeling-projects) As housing projects continue to surge, it's important that both homeowners and contractors educate themselves on construction law to avoid legal disputes. [Read More](https:///blog/real-estate/construction-law-tips-for-contractors-and-homeowners-on-remodeling-projects) [![](https:///Cache/2d4807f52a5cb680ad641a0a8443e0a0-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/real-estate-disclosure-form-seller-liability) [Real Estate Disclosure Form](https:///blog/real-estate/real-estate-disclosure-form-seller-liability) The Seller Disclosure Form reflects the seller’s knowledge of their homes condition. Legal recovery is possible if the seller knowingly omits details from the form. [Read More](https:///blog/real-estate/real-estate-disclosure-form-seller-liability) [![](https:///Cache/35ecfbe11575bcef7e962ed61a069e22-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/zoning-laws-when-purchasing-real-estate) [Zoning Laws When Purchasing Real Estate](https:///blog/real-estate/zoning-laws-when-purchasing-real-estate) Working with a real estate attorney to consider zoning laws can save you from hassles down the road and allow a business to flourish in its new space. [Read More](https:///blog/real-estate/zoning-laws-when-purchasing-real-estate) [![](https:///Cache/6a75b5b23d25d2b1ba8fd2ee503bf438-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/niezer-authors-column-in-the-journal-gazette-on-redevelopment) [Niezer Authors Column in The Journal Gazette on Redevelopment](https:///blog/real-estate/niezer-authors-column-in-the-journal-gazette-on-redevelopment) Thomas Niezer authors a column in The Journal Gazette on redevelopment efforts in Fort Wayne. [Read More](https:///blog/real-estate/niezer-authors-column-in-the-journal-gazette-on-redevelopment) [![](https:///Cache/83b1cc03487d6547c05a1fa6534057c9-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law) [Seller Beware: Understanding the Obligations of a Seller of Residential Real Estate under Indiana Law](https:///blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law) By [Mark H. Bains](https:///our-people/mark-h-bains) Over the last several years, we have seen an increase in the amount of litigation initiated by buyers against sellers of residential real estate. [Read More](https:///blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law) [![](https:///Cache/84ea4a7cad1624180ff397151ba0a969-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/real-estate/a-prerequisite-to-obtaining-real-estate-through-adverse-possession) [A Prerequisite to Obtaining Real Estate Through Adverse Possession](https:///blog/real-estate/a-prerequisite-to-obtaining-real-estate-through-adverse-possession) By [Patrick G. Murphy](https:///our-people/patrick-g-murphy) Indiana Code § 32-21-7-1 provides a party claiming title through adverse possession must demonstrate that he or she paid taxes on the disputed land. [Read More](https:///blog/real-estate/a-prerequisite-to-obtaining-real-estate-through-adverse-possession) [![](https:///Cache/485c01b5b8faed3271f4f6ff5338f134-244x244-Smallest-0-1-CenterCenter.jpeg)](https:///blog/real-estate/educational-purposes-real-property-tax-exemption) [Educational Purposes Real Property Tax Exemption](https:///blog/real-estate/educational-purposes-real-property-tax-exemption) By [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen) On April 1, 2015, the Indiana Tax Court affirmed the conclusion of the Indiana Board of Tax Review finding that an early learning center qualified for an educational purposes real property tax exemption. [Read More](https:///blog/real-estate/educational-purposes-real-property-tax-exemption) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Seminars and Workshops | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/seminars-and-workshops #[Blog](https:///blog) ##Seminars and Workshops We're sorry, no results were found. ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # 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Medical Malpractice | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/medical-malpractice #[Blog](https:///blog) ##Medical Malpractice [![](https:///Cache/fbac639e939644f42824607c184b1c2c-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) [​Is it medical malpractice or ordinary negligence?](https:///blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) By [William A. Ramsey](https:///our-people/william-a-ramsey) Claims against healthcare providers for negligent acts fall into two broad categories of medical malpractice and ordinary negligence. In general, claims that are related to the promotion of a patient’s health or a healthcare provider’s professional expertise, skill, or judgment are considered claims of medical malpractice, while claims that are unrelated to these issues are considered claims of ordinary negligence. [Read More](https:///blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) [![](https:///Cache/6456c37ae0a9ce1b840e748dfaad415f-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/medical-malpractice/medical-malpractice-act-amended) [Medical Malpractice Act Amended](https:///blog/litigation/medical-malpractice/medical-malpractice-act-amended) By [William A. Ramsey](https:///our-people/william-a-ramsey) The Indiana legislature amended the Medical Malpractice Act ("MMA") to increase the statutory limit on damages that a plaintiff may recover in a medical malpractice case. [Read More](https:///blog/litigation/medical-malpractice/medical-malpractice-act-amended) [![](https:///Cache/7d5586f1d0da63cede98c66d3b45e282-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) ["Loss of Chance: A Historical Overview and Analysis of the Doctrine's Current State"](https:///blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) By [William A. Ramsey](https:///our-people/william-a-ramsey) William Ramsey authors article for the Defense Trial Counsel of Indiana that was published in the Indiana Civil Litigation Review. [Read More](https:///blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Financial Institutions | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/financial-institutions #[Blog](https:///blog) ##Financial Institutions [![](https:///Cache/af16176bd511eae06cdf64a97cab9b95-244x244-Smallest-0-1-CenterCenter.jpg)](https:///blog/business-and-corporate-law/financial-institutions/mortgagee-beware) [Mortgagee Beware](https:///blog/business-and-corporate-law/financial-institutions/mortgagee-beware) By [Michael P. O'Hara](https:///our-people/michael-p-ohara) When information respecting a mortgage maturity date is missing from the documents on file with the county recorder’s office, the time a mortgagee can bring a foreclosure action on the mortgage can be greatly reduced. [Read More](https:///blog/business-and-corporate-law/financial-institutions/mortgagee-beware) ####Browse Categories [Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution)[Appellate Law](https:///blog/appellate-law)[Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights)[Business and Corporate Law](https:///blog/business-and-corporate-law)[Browse All Business and Corporate Law](https:///blog/business-and-corporate-law)[Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions)[Cybersecurity](https:///blog/cybersecurity)[Economic Development Financing](https:///blog/finance)[Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits)[Estate Planning & Administration](https:///blog/estate-planning-and-administration)[Family Law](https:///blog/family-law)[Health Care Law](https:///blog/health-care)[Intellectual Property Law](https:///blog/intellectual-property-law)[Labor and Employment Law](https:///blog/labor-and-employment-law)[Browse All Labor and Employment Law](https:///blog/labor-and-employment-law)[Worker's Compensation](https:///blog/labor-and-employment-law/workers-compensation)[Litigation](https:///blog/litigation)[Browse All Litigation](https:///blog/litigation)[Medical Malpractice](https:///blog/litigation/medical-malpractice)[News](https:///blog/news)[Real Estate Law](https:///blog/real-estate)[Securities Law](https:///blog/business-and-corporate-law/securities)[Seminars and Workshops](https:///blog/seminars-and-workshops) # Indiana Mechanic’s Liens: Key Timeframes and the Subcontractor Personal Liability Notice | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate/indiana-mechanics-liens-key-timeframes-and-the-subcontractor-personal-liability-notice ##[Blog](https:///blog) [Back to Real Estate Law](https:///blog/real-estate) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/real-estate/indiana-mechanics-liens-key-timeframes-and-the-subcontractor-personal-liability-notice) #Indiana Mechanic’s Liens: Key Timeframes and the Subcontractor Personal Liability Notice Mechanic’s liens in Indiana remain a powerful tool to secure payment on both commercial and residential projects for contractors, subcontractors, laborers and suppliers for unpaid debt. Because lien rights are strictly statutory and time-sensitive, understanding the filing windows is essential to preserving leverage and avoiding forfeiture of claims. However, as detailed below, if you fail to timely and properly record a valid mechanic’s lien, additional options exist. ##**Filing Deadlines to Record Mechanic’s Liens** Indiana imposes short, non-extendable deadlines for recording a mechanic’s lien after furnishing labor or materials. While project types and claimant roles can affect precise timing, the core timing principles are as follows: - **Commercial projects:** A claimant must record its mechanic’s lien within 90 days after the last date it furnished labor or materials to the project. The lien must be recorded in the office of the recorder in the county where the real property is located, and within the statutory period measured from the claimant’s last furnishing date. Claimants should calculate conservatively, as any delay beyond the statutory window will generally extinguish lien rights. - **Residential projects (including owner-occupied residences)****:** A claimant must record its mechanic’s lien within 60 days after the last date of furnishing. ##**Alternatives to Mechanic’s Liens** ![](https:///Data/Accounts/Files/1/3f36167f405e8f0553efa38632bce188-annawaldl-tool-2222458_1280(1).jpg)However, if a contractor does not record a mechanic’s lien within the required timeframes outlined above, there are additional avenues available to seek payment, which are detailed below. ###Breach of Contract If you miss the statutory deadline for recording a mechanic’s lien, you still have the option to pursue a breach of contract claim against the party that hired you, whether that is the property owner or an upstream contractor. This claim is based on an agreement, either written or oral , and allows you to seek compensation for the unpaid balance, as well as for approved change orders, retainage, and potentially interest or attorney’s fees if those terms are included in your contract. It is essential to comply with any contractual requirements regarding notice, claim submission, dispute resolution procedures, and limitation periods, as these provisions may affect your ability to recover amounts owed. ###Account Stated/Quantum Meruit/Unjust Enrichment If you lack a formal written contract, or if pursuing a contract claim is impractical, you still have the option to seek compensation through equitable remedies. These claims, including account stated, quantum meruit, or unjust enrichment, allow you to recover the reasonable value of the labor and materials you provided to the project. However, these equitable claims are highly dependent on the specific facts of the case and may be restricted if a written agreement governs the parties’ relationship. Before proceeding, it is important to evaluate whether the circumstances support such a claim, and to be aware that the court will closely examine the nature and extent of the benefit conferred, as well as any existing contractual obligations. ###Subcontractor Personal Liability Notice Finally, Indiana law provides an additional remedy to subcontractors and suppliers who do not contract directly with the property owner. Under IC 32-28-3-9, a qualifying subcontractor may serve a personal liability notice on the owner, placing the owner on notice of amounts due and unpaid for labor or materials furnished to the project. Key features and implications include: - Who may use it: Subcontractors and suppliers lacking privity with the owner. (General contractors generally proceed through direct contract remedies and lien rights.) - Timing: Personal liability notices have no firm filing deadline and thus this is an excellent option for a subcontractor who failed to timely file a proper mechanic’s lien. - Content and service: The notice must identify the claimant, the owner, the nature of the labor or materials furnished, the amount claimed, and the property sufficient for identification, and it must be served on the owner in the manner permitted by statute. - Effect on the owner: Upon receipt, the owner may become personally liable—up to the unpaid balance due or to become due to the general contractor—if the owner fails to withhold sufficient funds to satisfy the noticing subcontractor’s claim. Practically, this notice compels the owner to account for claimed amounts before releasing further payments to the general contractor. - Relationship to liens: The personal liability notice does not replace the mechanic’s lien. It is an additional, complementary remedy that can (a) secure payment from funds still in the owner’s control and (b) increase settlement leverage without waiting for foreclosure. Subcontractors should generally both serve the personal liability notice and timely record a mechanic’s lien to preserve all available avenues of recovery. ##Practical Takeaways - Track last-furnishing dates in real time and diary both the lien-recording and personal liability notice deadlines immediately. - For subcontractors, consider a personal liability notice to reach contract funds in the owner’s hands and to encourage early resolution. - Do not rely on assurances of future payment or change-order processing to delay statutory filings; statutory periods are unforgiving. ###About the Author [Mark Bains](https://www.barrettlaw.com/our-people/mark-h-bains) is a member of the firm's Real Estate team where he assists clients with leasing, purchase agreements, eminent domain actions and construction law related issues. For questions or project-specific guidance, including confirmation of the applicable deadlines and notice content, he can be reached at [mhb@barrettlaw.com](https://mailto:mailto:mhb@barrettlaw.com) or 260-423-8902. Tagged Attorneys [Benjamin N. Bailey](https:///our-people/benjamin-n-bailey)| [Mark H. Bains](https:///our-people/mark-h-bains)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [David R. Steiner](https:///our-people/david-r-steiner)| # ​Attorneys Recognized in 2026 Indiana Super Lawyers Publication | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/attorneys-recognized-in-2026-indiana-super-lawyers-publication ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/attorneys-recognized-in-2026-indiana-super-lawyers-publication) #​Attorneys Recognized in 2026 Indiana Super Lawyers Publication **** **Barrett McNagny LLP** is proud to announce its listing in Indiana Super Lawyers for 2026. The following attorneys were selected for inclusion in their respective practice areas: [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)** – **Alternative Dispute Resolution [Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice)**–** Medical Malpractice Defense [Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr)**– **Business Litigation [Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough)** – **Employment & Labor [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey)**–** Business Litigation [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites)** – **Employment & Labor The following attorney was selected for inclusion as a 2026 Indiana Rising Star: [Justin T. Molitoris-](https://www.barrettlaw.com/our-people/justin-t-molitoris)Business/Corporate [Sarah Schreiber](https://www.barrettlaw.com/our-people/sarah-l-schreiber)- Employment & Labor Super Lawyers is a Thomson Reuters business, and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Fitzharris Selected Fellow of the Litigation Counsel of America | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/fitzharris-selected-fellow-of-the-litigation-counsel-of-america ##[Blog](https:///blog) [Back to Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/fitzharris-selected-fellow-of-the-litigation-counsel-of-america) #Fitzharris Selected Fellow of the Litigation Counsel of America [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) has been selected as a Fellow of the Litigation Counsel of America. A partner at the firm, he is a registered civil mediator, and a member of The National Academy of Distinguished Neutrals, an association whose members are thoroughly vetted and found to meet stringent practice standards. He concentrates his litigation practice in the areas of alternative dispute resolution and commercial litigation, focusing most of his time on serving as a mediator to help individuals and entities resolve their disputes before filing suit or before trial. With over thirty-five years of litigation experience, he has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. ##Bar Association Leadership & Service **Mr. Fitzharris** was elected to a 2-year term on the Indiana State Bar Association (ISBA) Board of Governors, the governing body for the Association. He is the representative for District 4 serving Allen County. He also serves the ISBA as a member of the Alternative Dispute Resolution Leadership Council. He is also a member of the American Bar Association and the Allen County Bar Association where he is the co-chair of the Alternative Dispute Resolution Section. ##Professional Memberships & Recognitions **Mr. Fitzharris** is an inducted member of the American Board of Trial Advocates and is listed in the Best Lawyers in America and the Indiana Super Lawyers publications. He is a member of the Federal Court Merit Selection Panel for the United States Magistrate Judges- Northern District of Indiana, Fort Wayne Division, the Indiana Supreme Court’s Committee on Character and Fitness, the Defense Trial Counsel of Indiana, the Defense Research Institute, and the Judicial Nominating Committee of Allen County. ##About the Litigation Counsel of America The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership. The number of Fellowships has been kept at an exclusive limit by design, allowing qualifications, diversity and inclusion to align effectively, with recognition of excellence in litigation across all segments of the bar. Fellows are generally at the partner or shareholder level, or are independent practitioners with recognized experience and accomplishment. In addition, the LCA is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| # Understanding UCCJEA Jurisdiction in Custody and Parenting Time Cases | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law/understanding-uccjea-jurisdiction-in-custody-and-parenting-time-cases ##[Blog](https:///blog) [Back to Family Law](https:///blog/family-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/family-law/understanding-uccjea-jurisdiction-in-custody-and-parenting-time-cases) #Understanding UCCJEA Jurisdiction in Custody and Parenting Time Cases Every paternity or dissolution case involving child custody or parenting time requires an analysis under the Uniform Child Custody Jurisdiction and Enforcement Act, commonly referred to as the UCCJEA. While the statute is essential to custody litigation, it is also one of the most complex jurisdictional frameworks family courts apply. ##What is the UCCJEA? The UCCJEA was drafted in 1997 to replace its predecessor, the Uniform Child Custody Jurisdiction Act (“UCCJA”). Indiana adopted the UCCJEA[[1]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/T433NATC/Barrett%20Blog.docx#_ftn1) in 2007, and today, every state —with the exception of Massachusetts—has enacted the law. ###History and Purpose of the UCCJEA At its core, the UCCJEA answers a foundational question: which state has the authority to decide a child custody matter when more than one state (or country) is involved? While the “best interest” standard is the framework used to make custody determinations, “best interest” analysis is excluded from the UCCJEA. To promote consistency, the UCCJEA requires courts to treat foreign countries as if they were U.S. states and to apply the Act unless the foreign country’s custody laws violate fundamental principles of human rights. ##**Why the UCCJEA Matters** The primary goals of the UCCJEA are to: - Deter parental kidnapping - Discourage forum shopping - Prevent conflicting custody orders - Avoid jurisdictional disputes between courts in different states or countries In short, the UCCJEA determines which court has jurisdiction to make custody decisions—and which courts must step aside. ##**How Courts Determine Jurisdiction** When analyzing jurisdiction under the UCCJEA, courts typically ask the following questions, in order: 1. Does an emergency exist? 1. Is there an existing custody order or pending proceeding in another state? 1. If not, does the court have jurisdiction to make an initial custody determination? To answer these questions, the UCCJEA establishes four possible exclusive bases for jurisdiction. ##**The Four Bases for Jurisdiction Under the UCCJEA** ###1. Home State Jurisdiction The child’s “home state” is the state where the child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the custody action was filed. For children under six months old, the home state is the state where the child has lived since birth. ###2. Significant Connections Jurisdiction If no home state exists, a court may exercise jurisdiction if: - The child and at least one parent have significant connections with the state beyond mere physical presence. - Substantial evidence exists in the state concerning the child’s care, protection, training, and personal relationships. ###3. More Appropriate Forum Jurisdiction When neither home-state nor significant-connections jurisdiction applies—or when another state has declined jurisdiction—a court may assume jurisdiction if it is the more appropriate forum to decide the case. ###4. No Other State Jurisdiction This is a fallback provision allowing a court to exercise jurisdiction when no other state qualifies under the first three bases. This situation often arises when parents and children have lived outside the United States for extended periods or when a marriage was dissolved abroad. ##**Temporary Emergency Jurisdiction** The UCCJEA also allows courts to exercise temporary emergency jurisdiction in limited circumstances. An Indiana court may do so if: The child is physically present in Indiana and the child has been abandoned, or emergency intervention is necessary to protect the child, a sibling, or a parent from mistreatment or abuse. Emergency jurisdiction is temporary by design and intended for urgent situations involving immediate safety concerns. ##**When a Court May Decline Jurisdiction** Even if a court has jurisdiction under one of the four bases, it may decline to exercise that jurisdiction if it determines that it is an inconvenient forum and another state is better suited to hear the case. In making this determination, courts consider factors such as: - Whether domestic violence has occurred or is likely to continue - The length of time the child has lived outside the state - The distance between the competing courts - The parties’ financial circumstances - Any agreement between the parties regarding jurisdiction - The nature and location of relevant evidence - Each court’s ability to resolve the matter efficiently - Each court’s familiarity with the facts and issues A court may also decline jurisdiction if it finds that a party engaged in unjustified misconduct, such as parental kidnapping. ##**Why UCCJEA Cases Are Especially Complex** Jurisdiction under the UCCJEA is highly fact-sensitive. When jurisdiction is disputed, the court must resolve the issue before the case can proceed. In many situations, judges are required to communicate directly with courts in other states or countries—a critical step, particularly in emergency situations. While jurisdiction is often straightforward when both parents live in the same county or state, UCCJEA disputes commonly arise when parents file custody actions in different states at the same time, a parent relocates a child to or from Indiana, a survivor of domestic violence flees to Indiana and seeks emergency protection, or a parent seeks to enforce or modify an out-of-state custody order. ##Federal and International Laws That Intersect with the UCCJEA In some cases, UCCJEA issues overlap with federal and international laws, including the Hague Convention, the International Child Abduction Remedies Act (“ICARA”), the Parental Kidnapping Prevention Act (“PKPA”), and the Violence Against Women Act (“VAWA”), further increasing the complexity of the case. Because UCCJEA cases involve nuanced statutory analysis, interstate or international coordination, and strict jurisdictional rules, early involvement of an attorney experienced in UCCJEA litigation is essential. A misstep at the jurisdictional stage can delay proceedings, increase costs, or even result in dismissal of a case altogether. If your custody matter involves more than one state—or raises questions about which court has authority—consulting a knowledgeable family law attorney can make all the difference. About the Author: [Kayte L. Geist](https://www.barrettlaw.com/our-people/kayte-l-geist) is a member of the [Family Law team ](https://www.barrettlaw.com/practice-areas/family-and-domestic-law)at Barrett McNagny and assists clients with dissolutions, prenuptial agreements, custody and parent time modifications, and child support issues. She was selected for inclusion in the [2026 Best Lawyers in America: Ones to Watch ](https://www.bestlawyers.com/lawyers/katherine-geist/423499)publication. She received her J.D. from the University of Toledo School of Law, magna cum laude, where she was a member of the Civil Advocacy Clinic and was published in the Toledo Law Review. A representative listing of Attorney, Kayte Geist’s UCCJA Appellate Cases: - Gard-Holm v. Holm, 258 N.E.3d 289, (Ind. Ct. App. 2025) - [Winchester v. Winchester, 271 N.E.3d 160 (Ind. Ct. App 2025)](https://law.justia.com/cases/indiana/court-of-appeals/2025/25a-dc-01199.html) *** [[1]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/T433NATC/Barrett%20Blog.docx#_ftnref1) Indiana’s enactment of the national law is referred to as the Uniform Child Custody Jurisdiction Act (“UCCJA”), rather than the UCCJEA, and is codified at Indiana Code § 31-21 et seq. Although the letter “E” is omitted from the title of Indiana’s statute, the enforcement provisions contained in the national law are nonetheless incorporated into Indiana law. Accordingly, while it is ironic and somewhat confusing to use a state-specific name for a “uniform” act, best practice is to use the term “UCCJA” when referring to Indiana Code § 31-21 and “UCCJEA” when referring to the uniform law as adopted by the National Conference of Commissioners on Uniform State Laws. Tagged Attorneys [Kayte L. Geist](https:///our-people/kayte-l-geist)| [Maria A. Mirande](https:///our-people/maria-a-mirande)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| # Cohen Elected Chair of the Executive Committee | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/cohen-elected-chair-of-the-executive-committee ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/cohen-elected-chair-of-the-executive-committee) #Cohen Elected Chair of the Executive Committee **Barrett McNagny LLP** is pleased to announce [H. Joseph Cohen](https://www.barrettlaw.com/our-people/h-joseph-cohen) has been elected to serve as Chair of the firm’s Executive Committee for 2026. Also serving on the firm’s Executive Committee during 2026 will be [Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains)**, **[George Pappas](https://www.barrettlaw.com/our-people/george-pappas)**, **[William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey)**, and **[Jeffrey Woenker](https://www.barrettlaw.com/our-people/jeffrey-m-woenker)**. ** Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [George Pappas](https:///our-people/george-pappas)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Schreiber Elected Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/schreiber-elected-partner ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/schreiber-elected-partner) #Schreiber Elected Partner **Barrett McNagny LLP** is pleased to announce that **Sarah L. Schreiber **was elected Partner effective January 1, 2026. She focuses her practice in the areas of employment law and labor relations. ##Awards & Recognition **Ms. Schreiber** was selected for inclusion in the Best Lawyers in America publications in 2025 and 2026 in Litigation-Labor and Employment and was selected “Lawyer of the Year”, Fort Wayne in the area of Employment Law- Individuals in 2026. She has been selected since 2018 as a “Rising Star” by the Indiana Super Lawyers publication and was the winner of the 2022 Fort Wayne Newspapers Readers’ Choice Award for Best Attorney-General Practice. ##Community & Bar Association Involvement She is active locally, serving on the board of Erin’s House for Grieving Children and previously on the board of the Allen County Bar Association, where she served as President. She is also a Past President of the Benjamin Harrison Chapter of the American Inns of Court. ##Education & Bar Admissions Ms. Schreiber received her Bachelor of Arts in Communications, magna cum laude, from the University of Illinois Urbana - Champaign and her Juris Doctorate degree, magna cum laude, from the Valparaiso University School of Law. She is admitted to practice before the Indiana State Courts, and the United States District Courts for the Northern and Southern Districts of Indiana, the United States Court of Appeals for the Seventh Circuit, and the United States Supreme Court. Tagged Attorneys [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| # 2025 National Labor Relations Act Updates: Key Developments and Implications | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/2025-national-labor-relations-act-updates-key-developments-and-implications ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/2025-national-labor-relations-act-updates-key-developments-and-implications) #2025 National Labor Relations Act Updates: Key Developments and Implications There have been significant changes to the make-up of the National Labor Relations Board (NLRB)as well as the interpretation and enforcement of policies from the National Labor Relations Act (NLRA) that are reshaping the landscape for employers, employees, and labor organizations. ##**The Board Composition** A major disruption to the Board occurred when President Trump’s termination of NLRB Board member **Gwynne Wilcox** was ruled to have violated the NLRA. Although Wilcox was reinstated in March 2025, restoring the Board’s quorum temporarily, the court later upheld her removal. As a result, the Board currently has only **one active member, David M. Prouty**, and has issued **no decisions since March 28, 2025**. This lack of quorum (three of five seats vacant) has stalled critical adjudications and left many labor disputes unresolved. Currently, the GC nominee M. Carter Crow and Board member nominee James Murphy have been approved by the Senate Committee and need a full Senate vote. Nominee Scott Mayer, did not receive the approval of the committee as of November of 2025. ##**Change in Focus** The NLRB has also shifted its priorities with Acting General Counsel **William Cohen** issuing **GC Memo 25-05** in February of this year. This Memo rescinds numerous initiatives introduced by former General Counsel **Jennifer Abruzzo**. The memo reversed policies that had: - Expanded **protected concerted activities**. - Granted additional rights to **student athletes**. - Imposed restrictions on **employee monitoring** by employers. - Tightened rules on **settlement agreements**, particularly those waiving NLRA rights. - Added limitations on **non-compete agreements**. - Reversed the **Cemex standard** for failure-to-bargain remedies. - Promoted broader use of **10(j) injunctions**. - Sought to eliminate **stay-or-pay provisions**. This rollback signals a return to more traditional interpretations of the NLRA, reducing regulatory burdens for employers while narrowing protections previously extended to workers. ##**State-Level Response to NLRB** In response to the NLRB’s prolonged inactivity, several states have enacted statutes expanding state jurisdiction into areas traditionally governed by the NLRA. These measures aim to maintain momentum in resolving employment and labor disputes. ##**What can Employers Do? ** Employer should continue to review their compliance practices, including reviewing protocols, settlement agreements and non-compete clauses as the federal enforcement priorities have shifted. If there are questions regarding practices or a question regarding the NLRB, please contact a member of [Barrett McNagny’s Labor and Employment Group](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law). Tagged Attorneys [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Nuevo Joins Labor & Employment Team | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/nuevo-joins-labor-and-employment-team ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/nuevo-joins-labor-and-employment-team) #Nuevo Joins Labor & Employment Team **Barrett McNagny LLP** is pleased to announce that [Stephanie Nuevo](https://www.barrettlaw.com/our-people/stephanie-nuevo) has joined the firm. Ms. Nuevo will focus her practice in the areas of litigation and labor & employment law. Prior to joining Barrett McNagny, she was living in Los Angeles, California and worked at an AM Law 200 national firm focusing on breach-of-contract cases, business torts, trademark infringement and defending employers in matters involving wrongful termination, discrimination, retaliation, harassment and wage & hour compliance. Ms. Neuvo, originally from Hollywood, Florida, received her undergraduate degree in Political Science, cum laude, from the University of Florida. She received her J.D. from the Southwestern Law School in Los Angeles, California, summa cum laude, as part of the SCALE Accelerated Two-Year program. She received the Guerin L. Butterworth award for being first in class in the SCALE program and received the Witkin Award for Academic Excellence in Legal Analysis, Writing, and Skills I, Civil Litigation, Criminal Procedure and Business Associations. She also received the CALI Excellence for the Future Awards in Evidence II, Civil Litigation, Jurisdiction, Constitutional Law I, and MBE: Skills and Strategies as well as the Law Review Bluebook Award. She was a Best Brief Finalist and Top Ten Oralist for the Moot Court Intramural Competition. She is licensed to practice before the Indiana and California state courts, and the U.S. District Courts for the Northern and South Districts of Indiana. Tagged Attorneys [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| # Barrett McNagny LLP Listed in 2026 “Best Law Firms” Rankings Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2026-best-law-firms-rankings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2026-best-law-firms-rankings) #Barrett McNagny LLP Listed in 2026 “Best Law Firms” Rankings **Barrett McNagny ****LLP** is proud to announce that the firm was ranked in the 2026 “Best Law Firms” rankings by **U.S. News Media Group** and **Best Lawyers®**. The firm was recognized for its first tier ranking in the Fort Wayne area in the following practice areas: - [Banking and Finance Law](https://www.barrettlaw.com/practice-areas/financial-institutions) - [Business Organization (including LLCs and Partnerships)](https://www.barrettlaw.com/practice-areas/business-law) - Civil Rights Law - [Commercial Litigation](https://www.barrettlaw.com/practice-areas/business-and-commercial-litigation) - [Corporate Law](https://www.barrettlaw.com/practice-areas/business-law) - [Employment Law - Management](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Labor Law - Management](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Litigation - Insurance](https://www.barrettlaw.com/practice-areas/litigation-services) - [Litigation - Labor & Employment](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Medical Malpractice Law - Defendants](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense) - [Real Estate Law](https://www.barrettlaw.com/practice-areas/real-estate-law) - [Trusts & Estates Law](https://www.barrettlaw.com/practice-areas/estate-planning) These rankings showcased fewer than 10,000 law firms across the country. Firms were often separated by small or insignificant differences in overall score, so a tiering system, rather than a sequential system is used. The first-tier ranking includes those firms that scored within a certain percentage of the highest-scoring firm(s); the second tier, those firms that scored within a certain percentage of the next highest scoring firm(s), etc. The number of tiers included in each practice area or metropolitan area varies. **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [Learn more about the selection methodology for inclusion in the publication.](https://www.bestlawyers.com/methodology) # What’s Yours is Mine: Understanding Adverse Possession in Indiana | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate/whats-yours-is-mine-understanding-adverse-possession-in-indiana ##[Blog](https:///blog) [Back to Real Estate Law](https:///blog/real-estate) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/real-estate/whats-yours-is-mine-understanding-adverse-possession-in-indiana) #What’s Yours is Mine: Understanding Adverse Possession in Indiana Most have heard the phrase “possession is nine-tenths of the law”, which, in many cases, is surprisingly accurate. But that’s not always true when it comes to real estate. Like in other states, Indiana statutes provide a mechanism whereby someone who occupies another’s land for a long time might eventually gain legal ownership of the land. This mechanism is known as “adverse possession”, and it arises more often than one might expect, especially concerning large parcels of real estate. ##**What is Adverse Possession?** Adverse possession is an established doctrine of Indiana statutory and common law that allows someone who has occupied certain property for a long, continuous period of time, without the true owner’s permission, to claim legal title of the property. The doctrine stems from the generally accepted policy that land shouldn’t sit unused, and those who treat it as their own for long enough may eventually claim actual ownership of the land outright. Indiana courts have recognized various forms of adverse possession for over a century. See e.g., Worthley v. Burbanks, 45 N.E. 779 (Ind. 1897). However, in 2005, the Indiana Supreme Court handed down its opinion in Fraley v. Minger,[[1]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/T433NATC/Adverse%20Possession%20Article%20October%20(002).docx#_ftn1) which examined the development of adverse possession precedents and synthesized its requirements into four essential elements: - Control – Exercising use and control of the property consistent with how a true owner would use the land. - Intent – Demonstrating intent to claim ownership of the property superior to anyone else, especially the legal owner. - Notice – Using the property in a way that would give the legal owner actual or constructive notice of the claim. - Duration – Satisfying all of the above continuously for the statutorily-prescribed period of 10 years. Indiana’s General Assembly also added an additional element: the claimant must have either paid the property taxes on the disputed land during the 10-year period, or at least reasonably believed in good faith that they were paying them. ##**Control: The Trickiest Element** While each element of the adverse possession analysis deserves its own discussion, this article focuses on the one that causes the most confusion and dispute: control. What does it mean to possess and control land in a way that satisfies the analysis? When faced with this issue, Indiana courts begin by looking at the character of the land in dispute. To satisfy the element, the claimant must exercise a level of control over the disputed parcel that is “normal and customary considering the characteristics of the land.” Fraley, 829 N.E.2d at 486. But what’s normal and customary for one piece of land might be different from another. For example: - **Residential Property**: Mowing, weeding, or other upkeep activities alone usually do not qualify as “control” sufficient to satisfy the element. Even parking a car on the land or cutting grass for decades might not count. These sorts of activities are factors, though, and courts will typically find the control element satisfied if some sort of permanent improvement (like a fence or a portion of a building) encroaches onto the claimed land. - **Farmland or Rural Property**: The standard is somewhat lowered, but still requires consistent, typical use by the claimant. Farming, grazing animals, or maintaining structures and improvements are facts courts ordinarily look for in these cases. ##**Common Misconceptions** Many who are familiar with the concept of adverse possession assume that simply by maintaining or improving land for many years automatically creates ownership rights in that land. But Indiana courts are careful not to divest owners lightly. While courts don’t like to see land go unused, they’re even more reluctant to strip rightful owners of their property without clear justification. After all, record ownership of land remains the “highest evidence of ownership”, while “mere possession is the lowest evidence of ownership.” McCarty v. Sheets, 423 N.E.2d 297, 300 (Ind. 1981). Regardless of the type of land, though, consistency of use is always essential. Sporadic activity, even if done over a long period of time, won’t satisfy the test for the “control” element. Cases like Beaver v. Vandall**[2]** and Moseley v. Trustees of Larkin Baptist Church,[3] demonstrate how Indiana appellate courts consistently reject claims based on occasional landscaping and general upkeep. Without consistent use or a permanent improvement/structure marking the claimant’s control, adverse possession usually fails. ##**Practical Takeaways for Landowners and Neighbors** - Don’t assume that mowing, landscaping, or similar upkeep equates to ownership. Routine maintenance, even over decades, usually isn’t enough to satisfy the test for “control”, which is an essential element to any adverse possession claim. - Fences and other permanent structures are key. Permanent features of property that encroach onto a neighboring property tend to be decisive in the analysis. - Keep an updated survey of your property. Apparent boundary lines can shift over time through development, fence replacement, or past surveying errors. Having a relatively current survey is often the best way to prevent misunderstandings regarding ownership rights. - Keep all tax records associated with your property. As noted above, even if an adverse possession claimant satisfies the four elements from Fraley, they still must demonstrate that they either paid the property taxes for the disputed land or believed in good faith that they did so. Therefore, keeping organized and continuous tax records can be the deciding factor in an adverse possession case. ##**Final Thoughts** Adverse possession is a powerful but narrowly applied doctrine. Indiana courts have made clear that while the law can sometimes reward those who claim land as their own and put it to productive use, it doesn’t do so lightly. If you’re facing a boundary or encroachment issue, or if you’re wondering whether you’ve lost (or gained) ownership rights through adverse possession, contact a member of [Barrett McNagny’s Real Estate team](https://www.barrettlaw.com/practice-areas/real-estate-law) listed below. *** [[1]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/T433NATC/Adverse%20Possession%20Article%20October%20(002).docx#_ftnref1) 829 N.E.2d 476 (Ind. 2005). [[2]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/T433NATC/Adverse%20Possession%20Article%20October%20(002).docx#_ftnref2) [547 N.E.2d 802, 803 (Ind. 1989)](https://plus.lexis.com/document?pdmfid=1530671&pddocfullpath=%2Fshared%2Fdocument%2Fcases%2Furn%3AcontentItem%3A3RX4-24R0-003F-X25R-00000-00&pdcontentcomponentid=6707&pdislparesultsdocument=false&prid=c3679b2e-00f1-4666-8fcc-eabeabce6ab0&crid=f9358fcd-b6f5-42f8-bb44-80c3dae6a18e&pdisdocsliderrequired=true&pdpeersearchid=7e422400-feb0-4c8e-b78b-543aa7a47515-1&ecomp=b7ttk&earg=sr0#/document/f58ee09b-0404-4e23-aac9-3ce5529046a9). [[3]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/T433NATC/Adverse%20Possession%20Article%20October%20(002).docx#_ftnref3) [155 N.E.3d 1221, 1222 (Ind. Ct. App. 2020), trans. denied](https://plus.lexis.com/document/?pdmfid=&pddocfullpath=%2Fshared%2Fdocument%2Fcases%2Furn%3AcontentItem%3A60TG-KXN1-JP9P-G2Y3-00000-00&pdcomponentid=6708&lashepardsid=5454312b-9d9a-47d7-8e4f-c2fc3cdf0860-1&peerdoctabclick=true&pddocrequestkey=35a724c5-dab8-423b-8730-d06627893590&pdpeersearchid=f3655d13-edf8-479b-86f4-d3f1deeb68e7-1&crid=5c719b2f-900c-4264-a36b-284fef1fb936#/document/35a724c5-dab8-423b-8730-d06627893590). Tagged Attorneys [Benjamin N. Bailey](https:///our-people/benjamin-n-bailey)| [Mark H. Bains](https:///our-people/mark-h-bains)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [David R. Steiner](https:///our-people/david-r-steiner)| # Bender Joins Litigation Team | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/bender-joins-litigation-team ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/bender-joins-litigation-team) #Bender Joins Litigation Team **We are proud to **announce that [David Bender ](https://www.barrettlaw.com/our-people/david-p-bender)has joined the firm's [litigation team](https://www.barrettlaw.com/practice-areas/litigation-services) as an associate. **Mr. Bender**, a native of Ojai, California, will focus his practice in the areas of business and commercial litigation and insurance defense. Prior to joining the law firm, he clerked for the honorable Stephen P. McGlynn for the U.S. District Court for the Southern District of Illinois. **Mr. Bender** received his J.D. cum laude, from the University of Notre Dame Law School where he served as Executive Editor of the Journal of Law, Ethics and Public Policy and was a research assistant to Professor Barry Cushman. He received his Bachelor of Arts, cum laude, from the University of Notre Dame in financial economics and econometrics and has served as a judicial intern for the U.S. District Courts in East St. Louis, Illinois and Dallas, Texas. Tagged Attorneys [David P. Bender](https:///our-people/david-p-bender)| # Fitzharris Elected to Board of Governors | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/fitzharris-elected-to-board-of-governors ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/fitzharris-elected-to-board-of-governors) #Fitzharris Elected to Board of Governors [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) has been elected to a 2-year term on the Indiana State Bar Association (ISBA) Board of Governors, the governing body for the Association. He is the representative for District 4 serving Allen County. He also serves the ISBA as a member of the Alternative Dispute Resolution Leadership Council. **Mr. Fitzharris**, a partner, is a registered civil mediator, and a member of The National Academy of Distinguished Neutrals, an association whose members are thoroughly vetted and found to meet stringent practice standards. He concentrates his litigation practice in the areas of alternative dispute resolution and commercial litigation, focusing most of his time on serving as a mediator to help individuals and entities resolve their disputes before filing suit or before trial. With over thirty-five years of litigation experience, Kevin has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. **Mr. Fitzharris** is an inducted member of the American Board of Trial Advocates and is listed in the Best Lawyers in America and the Indiana Super Lawyers publications. He is a member of the Federal Court Merit Selection Panel for the United States Magistrate Judges- Northern District of Indiana, Fort Wayne Division, the Indiana Supreme Court’s Committee on Character and Fitness, the Defense Trial Counsel of Indiana, the Defense Research Institute, the American Bar Association, the Judicial Nominating Committee of Allen County and the Allen County Bar Association where he is the co-chair of the Alternative Dispute Resolution Section. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| # Geist Joins Family Law Team | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law/geist-joins-family-law-team ##[Blog](https:///blog) [Back to Family Law](https:///blog/family-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/family-law/geist-joins-family-law-team) #Geist Joins Family Law Team **Barrett McNagny LLP** is pleased to announce that [Kayte Geist](https://www.barrettlaw.com/our-people/kayte-l-geist) has joined the firm. Ms. Geist will focus her practice in the family law area assisting clients with dissolutions, adoptions, guardianships, custody disputes and prenuptial agreements. Ms. Geist joins the firm’s established [family law team](https:///practice-areas/family-and-domestic-law), which includes [Emily Szaferski](https://www.barrettlaw.com/our-people/emily-s-szaferski) and [Maria Mirande](https://www.barrettlaw.com/our-people/maria-a-mirande). Together, the team provides comprehensive legal support in matters such as divorce, paternity, custody, and adoption, including private, agency, and foster placements. The team also serves as guardians ad litem, advocating for the best interests of children in contested proceedings. A Fort Wayne native, Ms. Geist brings a unique perspective to her legal practice, having spent sixteen years as a business owner prior to earning her, magna cum laude from the University of Toledo Law School where she was a member of the Mock Trial Advocacy Team and was published in the Toledo Law Review. She began her legal career at a local firm, where she practiced in the areas of family law and civil litigation. Ms. Geist received her B.S. in Legal Studies, magna cum laude, from Taylor University in Upland. She is licensed to practice in the states of Indiana and Ohio and is admitted to the U.S. District Courts for the Northern and Southern Districts of Indiana. She is also a trained Guardian Ad Litem. Tagged Attorneys [Kayte L. Geist](https:///our-people/kayte-l-geist)| # Barrett McNagny Recognized in the Chambers USA 2025 Guide | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/barrett-mcnagny-recognized-in-the-chambers-usa-2025-guide ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/barrett-mcnagny-recognized-in-the-chambers-usa-2025-guide) #Barrett McNagny Recognized in the Chambers USA 2025 Guide **Barrett McNagny ****LLP** is proud to announce that is has been recognized in the [Chambers USA 2025 Guide](https://chambers.com/law-firm/barrett-mcnagny-llp-usa-5:65401) in the area of Corporate/M&A. Barrett McNagny is the only firm listed with an exclusive presence in northeast Indiana. The **Corporate/M&A team** at the firm is has over a dozen experienced attorneys providing strategic counsel to both public and private entities including corporations, general and limited partnerships, and limited liability companies on a wide range of business law matters and transactions. **Chambers USA** ranks leading law firms and attorneys across a wide range of practice areas through a rigorous, independent research process. This includes written submissions, extensive client and peer interviews and proprietary data analysis. Achieving a Chambers ranking reflects a firm’s outstanding credibility, performance and leadership in the legal profession. For more information on Chambers’ methodology and insights into the submissions process please visit the [methodology page](https://chambers.com/about-us/methodology). Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Richard E. Fox](https:///our-people/richard-e-fox)| [John M. Frandsen](https:///our-people/john-m-frandsen)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Lewis W. Ostermeyer](https:///our-people/lewis-w-ostermeyer)| [David R. Steiner](https:///our-people/david-r-steiner)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Sabrina T. Victor](https:///our-people/sabrina-t-victor)| [Holly M. Weber](https:///our-people/holly-m-weber)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Potential Changes to Home Healthcare Third-Party Providers Overtime Obligations | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/potential-changes-to-home-healthcare-third-party-providers-overtime-obligations ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/potential-changes-to-home-healthcare-third-party-providers-overtime-obligations) #Potential Changes to Home Healthcare Third-Party Providers Overtime Obligations ##Overview of the Proposed Rule Change The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued a proposed rule that would substantially reduce overtime obligations for third-party home healthcare providers. The proposed rule would repeal DOL regulations from 2013 and allow such providers to rely on the domestic service exemption that existed under the Fair Labor Standards Act (FLSA) implementing regulations issued before 2013. ##Expanded Definition of Companionship Services The proposed rule would further expand the definition of “companionship services” to include the provision of fellowship, protection, and care, essentially reverting to the broader pre-2013 definition of the companionship exemption. Prior to 2013, companionship services could include dressing, feeding, and similar personal care activities. ##Impact on Home Healthcare Employers If finalized, these changes, among others that are part of the proposed rule, would expand home care employers’ options for structuring employee compensation and reduce overtime obligations. Those in the industry suggest that the changes will allow them to provide an expanded range of services while simultaneously lowering costs. ##Current Status and Enforcement Changes ###Comment Period and Timeline The rule is not yet final, and the DOL is accepting comments on the same through September 2, 2025. ###Immediate Enforcement Suspension In the meantime, WHD investigators must “immediately discontinue enforcement of the 2013 final rule, including open cases,” meaning WHD investigators may not further investigate or enforce the 2013 final rule against third-party employers (including home care agencies) that rely on the domestic services exemption. Additionally, WHD investigators are, for the time being, to include in “exempt ‘companionship services’” “the provision of fellowship, protection, and care.” For more information, please contact a member of the [Labor and Employment Team](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) at Barrett McNagny listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Talarico Named Alumnus of the Year | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/talarico-named-alumnus-of-the-year ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/talarico-named-alumnus-of-the-year) #Talarico Named Alumnus of the Year [![](https:///Data/Accounts/Files/1/cd66a07432d4068768c6d940508e697d-SJTAlumnusoftheYear2-min.jpg)](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr)Congratulations to [Sam Talarico ](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr)who has been named the Alumnus of the Year by Bishop Dwenger High School as part of their 2025 Hall of Fame inductees. [Read the Full Article](https://www.bishopdwenger.com/resources/news/2025-hall-of-fame-inductees-announced) Tagged Attorneys [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| # Attorneys Listed in The 2026 Best Lawyers in America: Ones to Watch | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/attorneys-listed-in-the-2026-best-lawyers-in-america-ones-to-watch ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/attorneys-listed-in-the-2026-best-lawyers-in-america-ones-to-watch) #Attorneys Listed in The 2026 Best Lawyers in America: Ones to Watch Barrett McNagny is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The 2026 Best Lawyers in America®**: **Ones to Watch** in their respective practice areas: - **[Benjamin N. Bailey](https://www.barrettlaw.com/our-people/benjamin-n-bailey): **Real Estate Law - **[Connor Fleck](https://www.barrettlaw.com/our-people/connor-fleck): **Patent Law - **[Thomas E. Ludwiski](https://www.barrettlaw.com/our-people/thomas-e-ludwiski): **Corporate Law; Tax Law; Mergers & Acquisitions; Business Organizations (including LLCs and Partnerships) - **[Justin T. Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris): **Business Organizations (including LLCs and Partnerships); Corporate Law; Mergers & Acquisitions Law: Privacy and Data Security Law; Securities/Capital Markets Law - **[Caleb W. Peery](https://www.barrettlaw.com/our-people/caleb-w-peery): **Product Liability Litigation- Defendants - **[David C. Pricer](https://www.barrettlaw.com/our-people/david-c-pricer): **Appellate Practice; Commercial Litigation; Product Liability Litigation- Defendants - **[Carta H. Robison](https://www.barrettlaw.com/our-people/carta-h-robison): **Litigation **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. [Learn more about the selection methodology for inclusion in the publication](https://www.bestlawyers.com/methodology). Tagged Attorneys [Benjamin N. Bailey](https:///our-people/benjamin-n-bailey)| [Connor Fleck](https:///our-people/connor-fleck)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Caleb W. Peery](https:///our-people/caleb-w-peery)| [David C. Pricer](https:///our-people/david-c-pricer)| [Carta H. Robison](https:///our-people/carta-h-robison)| # Attorneys Recognized in The Best Lawyers in America 2026 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2026 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2026) #Attorneys Recognized in The Best Lawyers in America 2026 **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in [The Best Lawyers in America® 2026 ](https://www.bestlawyers.com/search?q=Barrett+McNagny+LLP&cc=US&sort=relevancy)in their respective practice areas: - **[Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains): **Real Estate Law and Litigation- Real Estate - **[John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce): **Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Businesses Law; Corporate Law - **[H. Joseph Cohen](https://www.barrettlaw.com/our-people/h-joseph-cohen): **Employment Law- Management; Health Care Law; Labor Law - Management - **[Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris):** Arbitration and Commercial Litigation - **[Richard E. Fox](https://www.barrettlaw.com/our-people/richard-e-fox): **Banking and Finance Law; Commercial Finance Law; Corporate Law - [Marcus A. Heminger](https://www.barrettlaw.com/our-people/marcus-a-heminger): Securities/Capital Markets Law; Securitization and Structured Finance Law - **[Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice): **Litigation – Insurance - **[Robert T. Keen](https://www.barrettlaw.com/our-people/robert-t-keen-jr): **Bet-the-Company Litigation; Civil Rights Law; Commercial Litigation; Litigation – Labor & Employment; Litigation – Municipal; Personal Injury Litigation – Defendants - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough):** Litigation – Insurance; Employment Law-Management - [Michael H. Michmerhuizen](https://www.barrettlaw.com/our-people/michael-h-michmerhuizen)- Appellate Practice; Commercial Litigation, Litigation-Insurance - **[Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy): **Litigation – Insurance - **[Joshua C. Neal](https://www.barrettlaw.com/our-people/joshua-c-neal):** Land Use and Zoning Law; Real Estate Law - **[Thomas M. Niezer](https://www.barrettlaw.com/our-people/thomas-m-niezer): **Real Estate Law - **[James J. O’Connor](https://www.barrettlaw.com/our-people/james-j-oconnor): **Employment Law- Management; Labor Law – Management; Workers’ Compensation Law- Employers - **[Michael P. O’Hara](https://www.barrettlaw.com/our-people/michael-p-ohara):** Banking and Finance Law; Corporate Law - **[Trisha J. Paul](https://www.barrettlaw.com/our-people/trisha-j-paul): **Trusts and Estates - [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey): Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants - **[Sarah L. Schreiber](https://www.barrettlaw.com/our-people/sarah-l-schreiber)-** Commercial Litigation; Employment Law- Individuals; Employment Law- Management - **[Cathleen M. Shrader](https://www.barrettlaw.com/our-people/cathleen-m-shrader): **Appellate Practice; Commercial Litigation - [David R. Steiner](https://www.barrettlaw.com/our-people/david-r-steiner): Corporate Law; Environmental Law; Real Estate - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites): **Employment Law – Management; Labor Law – Management; Labor Law – Union; Litigation – Labor and Employment - **[Emily S. Szaferski](https://www.barrettlaw.com/our-people/emily-s-szaferski): **Family Law - **[Samuel J. Talarico, Jr.](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr): **Corporate Law; Mergers and Acquisitions Law; Securities/Capital Markets Law - **[Philip A. Wagler](https://www.barrettlaw.com/our-people/philip-a-wagler): **Trusts and Estates - **[Jeffrey M. Woenker](https://www.barrettlaw.com/our-people/jeffrey-m-woenker): **Business Organizations (Including LLCs and Partnerships); Corporate Law; Tax Law **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. [Learn more about the selection methodology for inclusion in the publication.](https://www.bestlawyers.com/methodology) Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Creating an Effective Employee Handbook: A Comprehensive Guide | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/creating-an-effective-employee-handbook-a-comprehensive-guide ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/creating-an-effective-employee-handbook-a-comprehensive-guide) #Creating an Effective Employee Handbook: A Comprehensive Guide An employee handbook is an integral tool for any organization to serve as a formal introduction to the company for new employees and a reference guide for existing staff. It outlines the company's policies, procedures, and expectations, which help to foster a positive work environment and protect the organization legally. Here are some helpful tips for employers on developing an employee handbook. ## **Why Have an Employee Handbook?** While no federal law mandates private employers to have a handbook, there are several compelling reasons to create one. A well-crafted handbook can: - Formally welcome new employees and set expectations. - Serve as a centralized location for company policies and FAQs that can be distributed electronically or in a hard copy. - Provide a signed acknowledgment of receipt, aiding in defending against legal claims. ## **Structuring the Handbook** - **Welcome Statement**: Often formatted as a letter from the CEO, this section should include a brief description of the company, its mission, and culture. It should also provide contact information for an HR representative(s). - **Opening Disclaimer**: Clearly state that the handbook does not create a contract for employment and that employment is "at will." Policies are guidelines, and the employer reserves the right to modify them without notice. - **Table of Contents**: Organize policies into related groupings for easy reference. ## **Key Policies to Include ** - **Equal Employment Opportunity (EEO) Policy**: Even if not federally required, this policy demonstrates compliance with anti-discrimination laws and outlines a complaint procedure. - **Anti-Harassment Policy: ** This policy should prohibit all forms of harassment and outline a complaint procedure. - **Disability and Religious Accommodations:** Include policies that comply with the Americans with Disabilities Act (ADA), Pregnancy Accommodation, and Title VII of the Civil Rights Act. - **On-The-Job Policies:** Cover attendance, background checks, payroll practices, standards of conduct, internet and social media usage, company device use, conflicts of interest, and workplace relationships, work schedules, reimbursement, and other policies that relate to the employer’s business. - **Leave Policies:** Include time-off, bereavement, Family and Medical Leave (FMLA), Jury Duty and other leave situations, eligibility, and procedures. - **Health and Safety Policies**: Address workplace safety, substance abuse, and the use of wearable technologies. - **Discipline and Termination**: Detail the disciplinary process and explain procedures for resignation and termination. ## ****Drafting Guidelines**** - Use a positive and professional tone that matches the organizational culture. - Avoid complex legal terms; use plain language when explaining policies and procedures. - Allow for employer discretion in discipline and termination situations by using language like “including, but not limited to.” - Ensure policies reflect current business practices and are internally consistent. ## ****Maintaining the Handbook**** - Update the handbook regularly, at least annually or when there are changes in the law or company policies. - Keep former versions for as long as the relevant statute of limitations applies. **** An employee handbook is more than just a collection of policies; it reflects the company's values and is a tool for effective communication. By carefully drafting and maintaining this document, employers can create a supportive work environment and minimize legal risks. **About the Author**: [James J. O’Connor](https://www.barrettlaw.com/our-people/james-j-oconnor) is a member of Barrett McNagny’s Labor and Employment team. He has over twenty years of experience working with businesses on compliance matters and defending employment claims. He can be reached at [jjo@barrettlaw.com](https://mailto:jjo@barrettlaw.com) or 260.423.8868. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Documents at Hiring and Form I-9 Audits | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/documents-at-hiring-and-form-i-9-audits ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/documents-at-hiring-and-form-i-9-audits) #Documents at Hiring and Form I-9 Audits Among other responsibilities in today's evolving regulatory landscape, HR professionals are tasked with ensuring compliance in hiring. Federal immigration laws mandate certain requirements, like Form I-9. ##**Understanding Form I-9 Requirements** Form I-9 is mandatory for all U.S. employers and must be completed for every new hire, whether the hire is a citizen or a non-citizen. The form verifies the identity and employment authorization of the employee. Employers must retain these forms for a specified period and ensure they are available for inspection, if requested by authorized government officials. ##**The Basics of Form I-9 Compliance** ###**Section 1: Employee Responsibility** This section is the responsibility of the employee and must be completed by the first day of employment. It calls for basic information specific to the employee: name, date of birth, address, telephone number, SSN, etc. ###Section 2: Employer Documentation Requirements The employer completes this section within three business days of the employee's start date. This section lists the types of unexpired documents that the employee needs to provide to properly authenticate the answers to Section 1 and his or her work eligibility for work. Pro-tip: Employers should avoid over-documentation in Section 2. Establish a policy of accepting not more than the required minimum number of documents necessary for compliance. Requiring a different number of documents for any one applicant may form the basis for a discrimination claim. ##**How to Prepare for an I-9 Audit** The Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE) has the authority to conduct an audit of a company’s hiring documents, and such audits are on the rise. ###What Triggers an I-9 Audit An I-9 audit may be triggered by random selection, complaints, business license reviews, or suspicious employment patterns. Typically, ICE will issue a Notice of Inspection (NOI). The federal agency may have a subpoena for this information, but one is not necessary. In addition to employee files, ICE can request Company documents related to payroll, tax, and business formation (e.g., Articles of Incorporation). ###Notice of Inspection Process In the absence of a subpoena or warrant, ICE must provide an employer with an NOI at least three business days prior to an I-9 audit. To prepare for an I-9 audit, Employers are encouraged to: 1. Conduct an internal self-audit. 1. Correct mistakes properly (without backdating or using white-out); attach a memo for substantive changes and maintain the original form. 1. Ensure that I-9 forms and other employment specific documents are stored separately from medical records. 1. Train HR teams on compliance requirements. 1. Maintain an audit trail and seek legal counsel. ###Understanding Audit Results Following the Audit, ICE will issue the Company a notice of the results. Ideally, a NOI Results (aka “Compliance Letter”) is issued, which means the Company is complying with federal law. Otherwise, the Company might receive Notices of “Suspect Documents” or “Discrepancies” or “Technical or Procedural Failure.” These can lead further to a “Warning Notice” or a “Notice of Intent to Fine.” ##**I-9 Violations and Penalties** Fines may be assessed for paperwork violations and knowingly hiring unauthorized workers. The penalties can vary from $272 to $27,018 per form or worker, based on the number and severity of instances of non-compliance. ##**I-9 Record Management Requirements** Employers must retain I-9 forms for three years after the date of hire or one year after employment ends, whichever is later. These records must be stored securely and be accessible within three business days of an audit notice. ##**E-Verify: Voluntary Employment Verification** E-Verify is a voluntary (for private employers) federal electronic system that uses DHS and Social Security Administration records to validate employee eligibility. Employers sign a Memorandum of Understanding outlining their consent to certain obligations and responsibilities, such as notifying DHS if the Employer continues to employ someone who is subject of a final non-confirmation of eligibility. In exchange, the Company receives a rebuttable presumption that it has not knowingly employed an unauthorized worker who is subject to a final non-confirmation, which impacts the nature and degree of any applicable civil fines and civil or criminal liability for any action taken in good faith based on information provided through E-Verify. Note: some federal contractors or employers in certain states are mandated to use E-Verify. ##Best Practices for I-9 Compliance HR professionals must be proactive in understanding and implementing I-9 compliance measures, including conducting annual internal audits, centralizing the I-9 administration process, and documenting compliance efforts. It is also important to regularly update and review onboarding training to ensure that the organization remains compliant. Should a question arise, employers should consult with employment counsel. **About the Author**: [James J. O’Connor](https://www.barrettlaw.com/our-people/james-j-oconnor) is a member of Barrett McNagny’s Labor and Employment team. He has over twenty years of experience working with businesses on compliance matters and defending employment claims. He can be reached at [jjo@barrettlaw.com](https://mailto:jjo@barrettlaw.com) or 260.423.8868. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Emotional Support Animals in the Workplace | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/laws-governing-service-and-emotional-support-animals-in-the-workplace ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/laws-governing-service-and-emotional-support-animals-in-the-workplace) #Laws Governing Service & Emotional Support Animals in the Workplace What happens when your employee wants to bring an emotional support animal/pet to the workplace? Emotional support animals are considered to provide comfort, therapy or companionship to individuals, but generally are not trained to perform any specific task. They can be dogs, rabbits, cats, snakes, fish, or any other pet animal owned by the employee. ##Understanding the Legal Framework for Workplace Animals A common misconception is that the laws governing the use of emotional support animals and service animals in the workplace are the same as those governing the treatment of the disabled in terms of public accommodations and the provision of governmental services. The opposite is true. ###ADA Title I: Employment Protections Title I of the Americans with Disabilities Act of 1990, as amended (“ADA”), covers employment and applies to private employers with 15 or more employees, state and local governments, employment agencies, and labor unions. It requires covered employers to reasonably accommodate qualified individuals with a disability if they can do so without causing undue hardship on the business. Title I does not address, qualify, or define the term “service animal” or “support animal.” ###ADA Titles II & III Public Accommodations vs. Workplace Titles II and III of the ADA, on the other hand, prohibit discrimination in all programs, activities, and services of public entities and prohibit private places of public accommodation from discriminating against individuals with disabilities. Generally, Title II and Title III entities must permit “service animals” to accompany people with disabilities in all areas where members of the public are allowed to go. ###What Qualifies as a Service Animal? Under Titles II and III, “service animals” are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Currently, the only type of animal that can qualify as a federally recognized service animal is a dog. Service animals can assist with physical disabilities, such as blindness, as well as psychiatric disabilities, such as a dog trained to detect if its owner is about to have an anxiety attack and take specific action to avoid the attack or lessen its impact. Unless the animal can meet that definition, it cannot be classified as a service animal. ##Employee Rights: Bringing Animals to Work Unlike the requirement that a public accommodation allow a service animal onto the premises, an employee has no automatic right to bring an animal into the workplace, even if that animal qualifies as a “service animal.” ###The Interactive Process Requirements Employers should treat the request to bring an animal into the workplace as a request for an accommodation under the ADA. This would require the employer to engage in the interactive process to determine whether the employee has a qualified disability, the limitations imposed by the employee’s disability, how the animal will assist the employee in performing the employee’s job duties, and whether the presence of the animal would pose an undue hardship. If the claimed need for the animal is not based on a physical or mental disability (thus, an emotional or comfort need), it is probably unlikely the animal will have any specific training to assist the employee with tasks related to the claimed disability and would not be classified as a service animal under the ADA and its regulations. But employers should still engage in the interactive process to confirm information about the animal and the employee’s purported need for one. ##Evaluating Accommodation Requests The request for a support animal should be treated as any other accommodation request, evaluated on a case-by-case basis, to determine what essential job functions cannot be performed because of the disability and how the animal assists in performing those functions. This includes, but is not limited to: Documenting the receipt of the request for the accommodation and the employee’s representations.Requesting and gathering information from the employee, the employee’s medical provider, or other sources, such as an animal trainer, to understand: - Whether the employee can perform essential job functions without the animal - Why does the employee need the animal - What tasks or functions does the animal perform to assist the employee in performing essential job functionsInvestigating the potential problems that an animal in the workplace may create (including health and safety concerns).Allowing the employee to bring the animal or other individuals to an interactive process meeting so that the employee can demonstrate the animal’s abilities, how it will assist the employee, and whether it will disrupt the workplace.Requesting documentation if it is not obvious that the employee needs an accommodation or how the animal helps the employee. ##Making the Final Decision Ultimately, like most accommodation requests, whether to allow a service or other animal in the workplace will be a fact-sensitive inquiry. Employers would be wrong to assume that an emotional support animal is never allowed in the workplace. The critical inquiry is whether the accommodation is reasonable and does not impose an undue hardship on the employer. Engaging in the interactive process in good faith as described above, even if an employer ultimately denies the employee’s request, can help build a strong defense against a later claim of discrimination or liability. For questions regarding service and emotional support animals in the workplace, contact a member of Barrett McNagny's [Labor and Employment](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) team listed below. **About the Author:** [Carta H. Robison](https://www.barrettlaw.com/our-people/carta-h-robison) works with employers in all aspects of employment law, including wage and hour disputes, employment contracts and defending employers against claims brought under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA). She can be reached at [chr@barrettlaw.com ](https://mailto:mailto: chr@barrettlaw.com)or 260.423.8910. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Best Corporate Governance Practices for Rookies | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/best-corporate-governance-practices-for-rookies ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/best-corporate-governance-practices-for-rookies) #Best Corporate Governance Practices for Rookies If you recently took over a business, became an officer or director, or started a company, I can say with confidence that you are already doing a great job because you are attempting to learn how to fulfill your corporate duties to the best of your abilities. This article aims to suggest some of the easiest, best practices I have found that can prepare you to avoid future headaches and heartburn. ##Read Your Governance Documents Your governance documents – bylaws and articles of incorporation for corporations or operating agreement and articles of formation for limited liability companies – contain a roadmap for how your entity is to be run. Good, up-to-date governance documents provide clear instructions that are easy for all stakeholders to understand and follow. Bad, outdated governance documents make operating your business challenging. If ambiguous, your governance documents can lead to fights between parties. To best operate your business, you’ll need to know what is required of you and how you can fulfill your responsibilities. Take the time to carefully read through these documents and consider highlighting what is mandated. ##Understand Your Fiduciary Duties Under Indiana law, if you are an officer or director, or similarly acting on behalf of the business, you owe certain fiduciary duties to the business and its owners. The two primary duties are the duty of loyalty and the duty of care. The duty of loyalty mandates that when acting in your corporate capacity, you put the interests of the business before your own. For example, if you are awarding a contract, you would likely breach your duty of loyalty to the company by awarding the contract to your cousin, solely because he was your cousin, if he charged five times more than any other contractor and did not add five times the value. You likely wouldn’t hire that cousin to perform services for yourself at your home that were substantially over the market rate. Similarly, when acting as a fiduciary for a company, you must be mindful of what is best for the company. Indiana courts presume officers and directors act in good faith and in the best interests of the company they represent, but that presumption can be disproven by evidence showing disloyalty, willful misconduct, or recklessness. Ask yourself who primarily benefits from this action before making decisions. When acting in the scope of your position, your answer should be “the company”. If you think there could be a conflict of interest, disclose or discuss it within the business and then consult counsel if necessary. The duty of care requires that you act with the care that a normal person in a like position would reasonably believe appropriate under the circumstances. For instance, an ordinary person would likely review a handful of choices before making a large purchase. Therefore, you would want to obtain multiple quotes or review several available options before signing an important agreement. Make sure to: - Fully read through and understand any contract or document that you sign - Stay informed - Take notes - Pay attention In fulfilling your duties, do not aim to merely stay out of trouble – your goal should be to exceed industry standards. Failure to act with reasonable care could result in your minority owners bringing a lawsuit against the management and/or the company, a risk which can be reduced by taking these basic steps. ## Keep Accurate Corporate Records I encourage all my clients to maintain excellent corporate records – minutes from shareholder meetings, director meetings, and actions taken by written consent. Corporate records can protect you and your company from a claim related to breaches of fiduciary duties, mentioned above. Years later, they can also help shed light on decisions that were made and discussions relating to those decisions, when details could be foggy regarding what the business did or did not do and discussions about those actions. For instance, notes from a board of directors meeting might include references to 3 possible vendors, a discussion had about the choices, and then a vote selecting one. Even if it later turns out that the vendor was perhaps not the best choice, the notes could be evidence that the board fulfilled its duties to the corporation by carefully considering options and making a rational business decision based on the information available at the time. In keeping notes, you do not need to go into all the details, but jotting down topics of conversations in meeting notes illustrates engagement and preserves a record for your company should anyone ever try to bring a claim against the board. Furthermore, it is important to keep copies of all company agreements in a centralized location. These documents spell out rights and responsibilities. When companies do not have a system for tracking and maintaining copies of all agreements, a personnel change can be calamitous. Contracts are vital in mergers, acquisitions, restructurings, and generally operating a business – you do not know when you will need to go back to review the terms, so it is best to keep meticulous records that can be easily accessed. ##Adhere to your Compliance Plan Every business should have a written plan of compliance with state and federal laws, including regulations, permits, and licenses. You should familiarize yourself with the plan. If your company does not have a written plan, you should consider having one drafted. The laws for each industry can be complex and change over time, so you should list these requirements specific to your business in the plan. Keep in mind that if you operate in different states, there could be different rules. Failure to follow the requirements could lead to fines and regulatory actions. In your compliance plan, I recommend identifying a person responsible for knowing these requirements and reviewing developments to comply with any changes in the law. The plan may include a periodic check-in with your corporate or regulatory counsel to discuss changes or potential changes in the law. ##Set a Reminder to Annually Review Your Governance Documents I have seen companies still using bylaws drafted in the 1940s, which say that notice can be provided by telegraph. It’s 2025 – if your governance documents allow for facsimile, but not email, it is likely time for an update. Moreover, the law is constantly evolving. Your governance documents might not reflect current corporate law or technological developments. If you are reviewing and revising older agreements, it is important to check for and potentially add some more modern provisions such as dispute resolution procedures, stock/unit transfer restrictions, non-competes, and drag-along or tag-along rights. Bylaws and operating agreements are especially important to help your business function smoothly. They should be written in plain English, not “legalese”. If you do not understand what an article means, that may be your sign that it is time for an amendment. Your governance documents are meant to help your business operate effectively, not work against it. I recommend setting an annual reminder in your phone or on your calendar to read through your governance documents and, if needed, consult your corporate counsel to discuss and make amendments. For questions regarding your governance documents, contact a member of Barrett McNagny's [business law team ](https://www.barrettlaw.com/practice-areas/business-law)listed below. **About the Author:** [Holly M. Webe](https://www.barrettlaw.com/our-people/holly-m-weber)r is a member of Barrett McNagny's business law team. She is licensed in Indiana and Delaware and focuses on working with mid-sized and family-owned businesses with contract review, governance issues and succession planning. Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Lewis W. Ostermeyer](https:///our-people/lewis-w-ostermeyer)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Sabrina T. Victor](https:///our-people/sabrina-t-victor)| [Holly M. Weber](https:///our-people/holly-m-weber)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Changes to the Federal Estate and Gift Tax Laws | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/changes-to-the-federal-estate-and-gift-tax-laws ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/changes-to-the-federal-estate-and-gift-tax-laws) #Changes to the Federal Estate and Gift Tax Laws The One Big Beautiful Bill Act, enacted on July 4, 2025, makes some notable reforms the federal estate tax system. ##Permanent Exemption Increases The new law raises the estate, gift, and generation-skipping transfer (GST) tax exemptions to $15,000,000 per individual, indexed for inflation, and makes this increase permanent, removing the uncertainty of the previously scheduled rollback. ##Cost Basis Rules Remain Intact The law preserves the cost basis adjustment at death, allowing heirs to inherit assets with a cost basis adjusted, or “stepped-up” to their current fair market value, while assets gifted during lifetime continue to carry over the donor’s original cost basis to the gift recipient. The annual gift tax exclusion amount remains unchanged at $19,000 per person and continues to be adjusted annually for inflation. ##What Stays the Same ###No New Reporting The law imposes no new reporting or disclosure requirements beyond those currently existing. ###No Changes to Portability or GST Tax Calculations The rules regarding the portability of a deceased spouse’s unused estate tax exclusion amount have not changed, nor has the new law modified the calculation and application of the GST tax exemption. ###Trust Planning Vehicles Unaffected No new taxes or restrictions are imposed on trusts and common trust planning vehicles such as: - Grantor Trusts - Spousal Lifetime Access Trusts (“SLATs”), - Grantor Retained Annuity Trusts (“GRATs”) ##Need Estate Planning Guidance? For questions regarding this change or other estate tax matters, please contact a member of our Estate Planning team listed below. Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Brian J. Downey](https:///our-people/brian-j-downey)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| # New Indiana Law to Take Effect July 1 to Impact Employers | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/new-indiana-law-to-take-effect-july-1-to-impact-employers ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/new-indiana-law-to-take-effect-july-1-to-impact-employers) #New Indiana Law to Take Effect July 1 to Impact Employers On April 24, 2025, Indiana enacted a law requiring protected, unpaid employee leave for school conferences which takes effect July 1, 2025. As written, the law expires on July 1, 2029. Under the new law, SB 409, all Indiana employees are eligible to take unpaid job-protected leave once per calendar year for each of the following types of school meetings for their biological child, adopted child, foster child or stepchild: - Attendance conferences - Case conference committee meetings to develop an individualized education plan (IEP) for a student with a disability. Employers may require employees to provide at least five days’ notice and make a reasonable effort to attend the meeting virtually, if possible. Employers may also limit the leave to the time needed for attendance and travel and request documentation from either the employee or school. If you have any questions regarding the new Indiana law mandating limited school leave, please contact a member of the [Labor and Employment Law Section](https:///practice-areas/labor-relations-and-employment-law) listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # 2025 Indiana Legislative Update: New Laws to Take Effect July 1 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/2025-indiana-legislative-update-new-laws-to-take-effect-july-1 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/2025-indiana-legislative-update-new-laws-to-take-effect-july-1) #2025 Indiana Legislative Update: New Laws to Take Effect July 1 The 2025 legislative session concluded following the adoption of the State’s biannual budget in the early morning hours of April 25, 2025. It was a session marked by significant policy shifts in the areas of government spending, property tax relief, education, health care, and juvenile law. More than 1,200 bills were introduced, with approximately 20% of them becoming laws. Below is a summary of some of the key bills from the 2025 legislative session, most of which will take effect July 1. ##Fiscal Matters The most significant bills from the 2025 legislative session include HEA 1001, which establishes the State’s budget for the next two years, and SEA 1 and HEA 1427, which address property tax relief. The State’s budget bill required significant 11th hour work after revenue forecasts projected a $2 billion reduction in the amount of anticipated tax revenues over the two-year budget term. While the impacts of these far-reaching bills are still being evaluated, below is a summary of the key changes: ###State Budget (HEA 1001) - Fully funds school choice program and eliminates income caps, starting with the 2026-2027 school year. - Increases the tax on cigarettes by $2.00 per pack (from $1.00 to $3.00). - Reduces spending across most state agencies by 5%. - Reduces funding for local public health agencies from $100 million per year to $40 million per year. - Cuts funding for public television and public radio to the tune of approximately $7 million. - Amends the process for appointment of the Indiana University Board of Trustees so that all Trustees are now appointed by the Governor. ###Property Tax Relief (SEA 1 and HEA 1427) - Caps real estate tax levies at the prior year’s level unless the local governing body approves an increase following a public hearing. - Creates a new supplemental homestead credit of 10% of the property tax liability, up to a maximum of $300 beginning in 2026. - Creates up to $250 in additional credits for disabled veterans and $150 for seniors on fixed incomes. - Increases the business personal property tax exemption from $80,000 in 2025 to $2,000,000 starting with the 2026 assessment year. - Removes the existing 30% depreciation floor for business personal property first placed in service after July 1, 2025. - Requires that referendums and local public questions can only be placed on the ballot during general elections. - Mandates that school districts must share operational revenue with charter schools, unless they are determined to be exempt from the revenue sharing requirements. ###Impact on Public Schools Of the foregoing changes, many observers believe that public schools will be the most significantly impacted. Nonpartisan estimates project a loss of approximately $744 million in public school funding from 2026 to 2028. Anecdotally, some school districts are already looking at ways to absorb the shortfall. Following a recent failed referendum, Central Noble Community Schools notified stakeholders of a plan to reconfigure operations, including moving 5th-grade students to the Jr/Sr high school building and moving all second-grade students at Wolf Lake Primary School to Central Noble Elementary. The Superintendent also proposed a new transportation plan that includes eliminating service to students within an expanded walk zone and introduced the possibility of transitioning to a four-day instructional week as a possible cost-saving measure. ##**Education** ###Educational Deregulation (HEA 1002) HEA 1002 was promoted as a deregulation effort intended to streamline Indiana’s education code. According to the bill’s author, Rep. Bob Behning, the goal was to remove directives and provide additional flexibility for schools and districts. Specific changes include allowing the Governor to appoint a Secretary of Education without regard to advanced degrees or education experience (as was previously required) and removing a requirement for high school students to take at least one semester of an ethnic studies course. In total, the bill eliminates or modifies over 60 different educational requirements and programs. ###Diploma Recognition (HEA 1348) HEA 1348 authored by Rep. Tim Wesco, now recognizes diplomas from nonaccredited institutions and from homeschooling as meeting state requirements for completion of high school. The bill also prohibits state agencies and higher education institutions from rejecting students or treating them differently based solely on their having received a diploma from a nonaccredited school. ### Athletic Program Requirements (HEA 1041) HEA 1041 requires state educational institutions and private post-secondary educational institutions that sponsor athletic programs to designate each team or sport as either: - A male, men’s, or boy’s sport - A female, women’s or girl’s sport - A coeducation or mixed team sport and prohibits students from participating on a team or sport that does not match the student’s biological sex at birth ###Athletic Enrollment Changes (HEA 1064) HEA 1064 removes language from the Indiana code that prohibits students from enrolling in certain schools primarily for athletic reasons. ###School Accountability System (HEA 1498) HEA 1498 re-establishes a school accountability system that assigns schools a letter grade of A-F based on school performance. The bill requires the State Board of Education to develop the new framework for the A-F grading system by the end of 2025 and provides guidance on measuring school performance, including prioritizing students earning diploma seals. ###Teacher Pay Increases (SEA 146) SEA 146 increases base starting teacher pay by $5,000 to $45,000.00, beginning June 30, 2025. It also increases the percentage of each school corporation’s budget that must be allocated toward teacher salaries from 62% to 65%. ##**Health Care** ###Medicaid Fraud Prevention (HEA 1003) HEA 1003 focuses on preventing Medicaid fraud, drug pricing regulation and billing transparency. The bill authorizes the Medicaid Fraud Control Unit to investigate provider fraud, to ensure that Medicaid funds are used properly. It also prohibits entities that participate in the 340B Drug Pricing Program from charging individuals more for prescription drugs than the acquisition cost, which could reduce expenses for certain low-income patients. ###Healthcare Cost Controls (HEA 1004) HEA 1004 aims to drive down healthcare costs for patients by setting pricing targets for five (5) of Indiana’s largest non-profit health systems. The list of impacted health systems includes Indiana University Health, Ascension, Franciscan Health, Parkview Health, and Community Health Network. The bill requires the Office of Management and Budget to determine Indiana’s national average hospital prices and requires the foregoing health systems to bring their prices in line with the statewide averages by 2029. If any hospital system fails to bring its prices in line with the statewide average, it risks facing a one-year revocation of its state nonprofit status. ##**Real Estate** ###Landlord-Tenant Law Changes The 2025 legislative session included a few changes to Indiana’s landlord-tenant law. Under HEA 1079, a warehouseman or storage facility may now sell a tenant’s personal property if the property remains unclaimed forty-five (45) days after the landlord delivers a notice to the tenant including an order from the court authorizing the removal of personal property and the identification and location of the warehouseman or storage facility (current law requires a warehouseman or storage facility to wait 90 days before the property may be sold). HEA 1115 allows a landlord to obtain an order for emergency possession of premises if the court finds, by a preponderance of evidence, that: - A tenant or the tenant's guest has committed a crime that affects the health and safety of another tenant, the landlord, or an agent of the landlord or - A tenant provided materially false information to induce the landlord into leasing or giving possession of the rental unit to the tenant HEA 1347 amends the list of items property owners are required to disclose as part of the seller’s residential disclosure form (State Form 46234) to include whether the property is located within a locally designated historic district and whether the property is subject to a conservation easement as ##Development ###Municipal Construction Requirements (HEA 1037) Under HEA 1037, municipalities cannot enact or enforce a rule that is more stringent than the requirements of Indiana’s Construction Stormwater General Permit (“CSGP”). Although the CSGP contains comprehensive requirements for managing erosion, sedimentation, and runoff from construction activities, its provisions are generally limited to projects that involve land-disturbing activities greater than one (1) acre. Under HEA 1037, municipalities will generally not be permitted to impose the same requirements contained in the CSGP on sites under one (1) acre or impose requirements that are stricter than those contained in the CSGP, even if the site is greater than one (1) acre. The bill does allow municipalities to issue a stop work order to a person conducting a land-disturbing activity on a site that is less than one (1) acre if the person fails to control dust or sediment from leaving the site and the person has failed to correct the condition within forty-eight (48) hours following written notice from the municipality. ##**Employment** ###Physician Noncompete Restrictions (SEA 475) SEA 475 prohibits hospitals, hospital systems, affiliated managers of hospitals, and parent companies of hospitals from requiring physicians to enter into noncompete agreements after July 1, 2025. This bill still allows for nondisclosure agreements intended to protect confidential information and trade secrets. It also still allows agreements regarding non-solicitation of employees, as long as the restriction does not exceed one (1) year after the physician’s employment ends. SEA 475 does not affect noncompete agreements that were originally entered into before July 1, 2025. ##**Family Law** ###Juvenile Law Reform (HEA 1605) HEA 1605 was a bill aimed at achieving comprehensive reform of Indiana’s juvenile law. Among other things, the bill: - Requires the Office of the Secretary of the Family and Social Services to share certain information with the Indiana Department of Child Services (“DCS”) to allow DCS to respond more quickly to child abuse/neglect cases - Adds new categories of drug exposure, including exposures to fentanyl-containing and fentanyl-related substances, as grounds for a CHINS determination - Expands the list of individuals who can attend and participate in CHINS hearings to include an individual with whom the child is placed and a representative of a licensed child-placing agency - Creates rebuttable presumptions that a child is in need of services if the court finds that the child’s parent is subject to an order requiring the parent to participate in drug rehabilitation or that the parent has exposed the child to certain types of drugs, including fentanyl and fentanyl-related substances - Expedites the timeframe for initial termination of parental rights (“TPR”) hearings - Requires DCS to perform criminal background checks on parents or household members and share the results with the court before reunification ##**Probate and Estate Planning Matters** ###Charitable Beneficiary Transfers (HEA 1081) HEA 1081 makes it easier for charitable organizations that have been designated as a beneficiary of an individual retirement account, retirement account, brokerage transfer on death account, annuity, or life insurance policy to obtain the funds without jumping through hoops. Under this bill, a financial institution or insurance company in control of the funds must transfer the funds directly to the charitable organization upon receipt of an affidavit that: - Certifies the charitable organization’s 501(c)(3) status - Includes a copy of a corporate authorization authorizing the receipt of funds - Includes a W-9 - Includes a copy of the deceased individual’s death certificate or other proof that the individual has died. ###Estate Administration Changes (HEA 1088) HEA 1088 adds to the list of actions a personal representative can take in an unsupervised administration without the approval of the court, the ability to distribute in kind all or part of the decedent’s interest in a retirement plan or account that the estate is a beneficiary of or has an interest into a distributee. HB 1088 also redefines the handling of certain non-probate transfers as “direct postmortem transfers.” Under this change, a direct postmortem transfer is a transfer of an asset to a testamentary trust if any of the following circumstances apply: - The asset transferred to the trust is a distribution of death proceeds under a life insurance policy or annuity - The testamentary trust is a designated beneficiary of an individual retirement account, employee benefit plan governed by ERISA - The transfer is a distribution from another trust, the result of a disclaimer, a transfer on death pursuant to IC 32-17-14, or a decanting distribution. In the cases of direct postmortem transfers, the transfer is considered effective upon the decedent’s death regardless of when the will is admitted to probate and does not constitute part of the decedent’s estate or subject to claims of the estate except in limited circumstances. ###Insurance Coverage Transfers (HB 1213) HB 1213 was a response to HB1034 from the 2024 legislative session. Under that law, the property and casualty insurance coverage on property transferred by a transfer on death instrument after December 31, 2024 was automatically extended to the beneficiary for a period of 60 days. Under HB 1213, the legislature clarified that commercial lines of property insurance do not transfer to the beneficiary. HB 1213 also excludes the casualty and liability coverage from carrying forward to the beneficiary. ##**Elections and Voting** ###Student ID Restrictions (SB 10) SB 10 specifies that identification documents provided by educational institutions will not be accepted for proving eligibility to vote. High school and college-aged students will now be required to obtain a state-issued ID or driver’s license to be eligible to vote. ###School Board Candidate Requirements (SB 287) SB 287 requires candidates for school boards to declare their party affiliation or specify that they are not associated with any political party. While proponents of this bill argued that party affiliations will improve transparency by providing additional information about each candidate’s background and ideas, opponents argued that party affiliation is unrelated to decisions regarding how to best educate Indiana’s children. Barrett McNagny LLP is a full-service law firm with a dedicated team that can help you navigate the impacts of any new laws on you or your business. If you have any questions about the 2025 legislative session and what these laws mean for you, please contact one of our professionals today. Tagged Attorneys [Benjamin N. Bailey](https:///our-people/benjamin-n-bailey)| [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Brian J. Downey](https:///our-people/brian-j-downey)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Connor Fleck](https:///our-people/connor-fleck)| [Richard E. Fox](https:///our-people/richard-e-fox)| [John M. Frandsen](https:///our-people/john-m-frandsen)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Maria A. Mirande](https:///our-people/maria-a-mirande)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Lewis W. Ostermeyer](https:///our-people/lewis-w-ostermeyer)| [George Pappas](https:///our-people/george-pappas)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [Caleb W. Peery](https:///our-people/caleb-w-peery)| [David C. Pricer](https:///our-people/david-c-pricer)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Sabrina T. Victor](https:///our-people/sabrina-t-victor)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| [Holly M. Weber](https:///our-people/holly-m-weber)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Is Your Confidentiality Agreement Enforceable? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/is-your-confidentiality-agreement-enforceable ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/is-your-confidentiality-agreement-enforceable) #Is Your Confidentiality Agreement Enforceable? As part of their job responsibilities, many employees have access to their employer’s confidential and/or proprietary information. To protect this information, employers often require employees to enter into confidentiality agreements. While non-compete provisions and other similar restrictions are often heavily scrutinized by courts to determine their enforceability, simple confidentiality provisions are generally considered enforceable. Still, there are a few things to keep in mind to ensure that such confidentiality agreements or provisions are enforceable. ##Federal Requirements under the DTSA At a minimum, regardless of what state law applies, confidentiality agreements should include a whistleblower immunity notice as provided by the Defend Trade Secrets Act of 2016 (DTSA). The DTSA is a federal law that protects an employer or other owner’s trade secrets. The DTSA requires that, in any confidentiality agreement, employers provide notice to employees regarding special situations in which the employee cannot be held liable for disclosing trade secrets, such as in whistleblower situations or in cases where the employee discloses the trade secrets under seal in an official legal proceeding. ##State Specific Requirements ###Indiana Confidentiality Agreement Standards In Indiana, there are not many other specific requirements for a confidentiality agreement. At a minimum, an employer should always ensure that its confidentiality agreement is reasonable. Generally, confidentiality agreements in Indiana are permitted to continue indefinitely but the agreement should make clear that the information covered by the agreement is only information that is, in fact, proprietary, non-public, and protected as confidential. If an agreement is so broad as to effectively prevent an employee from finding new employment, the agreement may be considered unenforceable or run afoul of restrictions on conventional non-compete agreements. In addition, if an agreement contains a confidentiality provision alongside an overbroad or unenforceable non-competition provision, there is a risk that a court may decline to enforce the entire agreement, thereby rendering the confidentiality provision unenforceable along with the non-competition agreement. In a comprehensive agreement, an employer should take care to include severability or other savings provisions to prevent such an outcome. ###Compliance with Local Jurisdiction Though most states evaluate confidentiality agreements for their reasonableness, some states have common law or statutory requirements with which any confidentiality agreement must comply. Employers should be careful to craft their agreements so that they comply with any local requirements and would be valid in whatever jurisdiction(s) they might seek to enforce the agreement. ##Consideration Requirements for New Agreements If an employer seeks to have an employee sign a new confidentiality agreement or sign a confidentiality agreement after the employee has already begun working for the employer, it may be necessary for the employer to provide some additional consideration or payment of some kind in return for the employee’s execution of the agreement. Some states, such as Indiana, generally consider continued at-will employment to be sufficient consideration for a new confidentiality agreement, but some other states, such as Kentucky, do not generally consider continued employment to be sufficient consideration to support a new agreement or obligation. ##Alternative Protection When Agreements Fail If a court finds that a confidentiality agreement is not enforceable, an employer may still be able to protect against the misappropriation or disclosure of its trade secrets using state trade secret law or the federal DTSA. Still, such statutory protection is limited only to intellectual property that meets the strict definition of a trade secret. It is therefore often more narrow than the protection afforded by a confidentiality agreement, which can protect confidential information that would not necessarily be considered a trade secret. It is therefore important for an employer to review its confidentiality agreements regularly to ensure all employees with access to such information are covered and that the coverage is reasonable and complies with current applicable state law. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Parachute Payments in Mergers and Acquisitions | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/parachute-payments-in-mergers-and-acquisitions ##[Blog](https:///blog) [Back to Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/parachute-payments-in-mergers-and-acquisitions) #Parachute Payments in Mergers and Acquisitions For businesses that are merging with or acquiring another business, Sections 280G and 4999 of the Internal Revenue Code (“Code”) can impact the bottom line. These two sections impose adverse tax consequences on corporations that make excess parachute payments and can have repercussions to individuals who receive them. ##What are Parachute Payments? Parachute payments—commonly referred to as “golden parachutes”—are defined as compensatory payments made to, or for the benefit of, disqualified individuals and are contingent upon a change in control. These payments occur during a merger or acquisition and can be part of a severance package for an executive or officer of the corporation. ##Tax Implications Under Section 280G and 4999 Section 280G of the Code prohibits corporations from deducting excess parachute payments. This provision does not apply to partnerships unless the partnership elects to be treated as a corporation. Additionally, under Section 4999 of the Code, individuals receiving excess parachute payments are subject to a 20% excise tax, which is imposed in addition to ordinary income tax. Employers are also required to withhold this excise tax As a payroll deduction. ##Who Is Considered a Disqualified Individual? A disqualified individual is an employee or other service provider who, at any time during the 12-month period preceding a change in control (referred to as the “disqualified individual determination period”), meets any of the following criteria: - Serves as an officer of the corporation; - Is a highly compensated individual; or - Owns at least 1% of the corporation’s outstanding stock. ###Officer Status Individuals holding an officer title are presumed to be officers under the golden parachute rules. However, an individual without such a title may still be deemed an officer if the facts and circumstances demonstrate that the individual exercises the authority of an officer. A maximum of 50 individuals may be treated as officers for purposes of determining disqualified status. ###Highly Compensated Individuals Highly compensated individuals are defined as the highest-paid 1% of employees or service providers within the corporation. For corporations with more than 24,900 employees, this group is capped at the top 250 earners. This classification aligns with Section 414 of the Internal Revenue Code, which sets the compensation threshold—$160,000 for 2025. ###Employee-Shareholders An employee-shareholder is considered a disqualified individual if they own more than 1% of the fair market value of the corporation’s outstanding stock. When determining ownership, family attribution rules apply and must be considered. ##**What Types of Compensation Are Treated as a Parachute Payment?** In general, all forms of compensation and benefits related to the performance of services are treated as parachute payments, regardless of whether they are paid by the corporation undergoing the change in control or by the acquiring entity. ###Excluded Payments The following types of payments are excluded from parachute payment treatment: - Payments to or from tax-qualified retirement plans; - Payments made by S corporations or organizations that are tax-exempt under Section 501 of the Internal Revenue Code; - Payments that constitute reasonable compensation for services performed by the disqualified individual on or after the change in control; and - Payments made by a private corporation that have been approved by shareholders in a vote that satisfies the requirements of the shareholder approval exception. ###Reasonable Compensation Exception Whether a payment—or a portion of it—qualifies as reasonable compensation depends on the specific facts and circumstances of each case. In some instances, reasonable compensation may include payments made to a disqualified individual in exchange for a non-compete agreement. It is important to note that the S corporation exception does not apply if a C corporation is a shareholder. Similarly, the nonprofit exception does not apply if a C corporation controls the tax-exempt entity. ##**When Are Payments Considered Contingent on a Change in Control? ** Adverse tax consequences under Sections 280G and 4999 of the Internal Revenue Code apply only if the payments are contingent upon a qualifying change in control. ###Defining Changes in Control For these purposes (distinct from the definition under Section 409A), a change in control includes: - A change in ownership of a corporation (i.e., acquisition of more than 50% of the corporation’s stock) - A change in the effective control of a corporation (i.e., acquisition of at least 20% of the voting power by a single individual) - A change in ownership of a substantial portion of the corporation’s assets (i.e., acquisition of at least one-third of the total gross fair market value of the corporation’s assets). ###Contingency Criteria A payment is considered “contingent” on a change in control if it meets any of the following criteria: - It would not have been made but for the change in control - It is related to the change in control - It is made pursuant to an agreement entered into within one year prior to the change in control Importantly, a payment may still be considered contingent on a change in control even if it is also conditioned on another event—such as the termination of employment within a specified period following the change in control. Additionally, payments may be deemed contingent if they are otherwise payable but vesting or timing of payment is accelerated as a result of the change in control. There is a rebuttable presumption that payments made under agreements entered into within one year before a change in control are contingent on that change. Ultimately, whether a payment is contingent is determined based on the specific facts and circumstances of each case. ##**When Are Parachute Payments Considered “Excess Parachute Payments”?** Parachute payments become “excess parachute payments” when the aggregate present value of all such payments exceeds three times the disqualified individual’s base amount of compensation. In that case, the excess parachute payment is the portion of the total parachute payments that exceeds one times the base amount. ###Base Amount Calculation A disqualified individual’s “base amount” is calculated as the average annual compensation included in the individual’s gross income for services performed for the corporation (and its affiliated group) during the five most recent taxable years preceding the change in control. ##**What Is the Shareholder Approval Exception?** Certain parachute payments may be exempt from treatment as “excess parachute payments” under Code Section 280G if they meet the requirements of the shareholder approval exception. ###Voting Requirements To qualify, the following conditions must be satisfied: The payments must be made by a privately held corporation; and The payments must be approved by shareholders in a vote that meets the requirements of Section 280G, including: - Approval by more than 75% of the voting power of all outstanding stock entitled to vote; - Exclusion of disqualified individuals from voting; - A vote that specifically determines whether the disqualified individual will receive the payments; and - Adequate disclosure of all material facts related to the payments. The shareholder vote must be separate from the vote approving the change in control. Shareholders may vote on parachute payments for all disqualified individuals collectively or vote on each individual separately. To satisfy the 75% approval threshold, the vote must be conducted among shareholders of record as of any date within the six-month period immediately preceding the change in control. Importantly, shares owned by disqualified individuals whose payments are being voted on are excluded from the voting power calculation. ###Voting Restrictions Disqualified individuals may not vote on: - Their own parachute payments; or - Payments to any other disqualified individual. Additionally, individuals related to disqualified individuals under the attribution rules of Section 318 of the Code are also prohibited from voting. ##A Practical Example of Parachute Payments Let's walk through an example. Assume a corporation has eight shareholders—A, B, C, D, E, F, G, and H—each owning 12.5% of the company’s shares. If G and H are disqualified individuals receiving parachute payments, their shares are excluded from the vote. If A through E vote in favor and F votes against, the approval rate is 83.33% (62.5% out of the remaining 75%), satisfying the 75% requirement. The shareholder vote must determine the disqualified individual’s right to receive the payments. This generally means the individual must waive the right to the payments unless shareholder approval is obtained. If the vote fails and the waiver is in place, the individual forfeits the payments. If the individual does not waive the right, then the shareholder vote will not be determinative of whether payment is made and the excess payments will be treated as excess parachute payments, triggering a 20% excise tax for the individual and denying the corporation a deduction. The threshold of three times the base amount is referred to as the “280G safe harbor.” If the disqualified individual waives only the amount above the 280G safe harbor and shareholder approval is sought only for the portion of payments exceeding this threshold, the disqualified individual retains the right to receive the safe harbor amount even if the excess is not approved. ###Disclosure Requirements: The corporation must provide full and truthful disclosure to all voting shareholders. This includes: - All material facts about the parachute payments; and - Any additional information necessary to ensure the disclosure is not misleading. The disclosure must cover all payments that would be considered parachute payments in the absence of shareholder approval—not just those excess amounts submitted for a vote. Required details include the event that triggers the payment and a brief description of each payment. **About the Author:** [Larry W. Rudawsky](https://www.barrettlaw.com/our-people/larry-w-rudawsky) has over thirty years of experience working with businesses in the area of employee benefits. He can be reached at [lwr@barrettlaw.com ](https://mailto:mailto: lwr@barrettlaw.com)or 260.423.8883. Tagged Attorneys [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky)| # Understanding the Corporate Transparency Act (CTA) for Executives | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/understanding-the-corporate-transparency-act-cta-for-executives ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/understanding-the-corporate-transparency-act-cta-for-executives) #Understanding the Corporate Transparency Act (CTA) for Executives The **Corporate Transparency Act (CTA)** mandates that many businesses report beneficial ownership information (BOI) to the Financial Crimes Enforcement Network (FinCEN). This requirement is codified in 31 USC § 5336 and is crucial for CEOs, CFOs, and other executives to understand. ##**What Companies Must Report** ###**Reporting Company Obligations** Any "Reporting Company" must report specific BOI to FinCEN. For companies formed after January 1, 2024, this includes information on both the "Applicant" and Beneficial Owners. The required information includes each Applicant and Beneficial Owner’s: - Full Name - Date of Birth - Address (Business or Residential) - An identifying number from a document such as a driver’s license or passport ###**Definition of a Reporting Company:** A Reporting Company is defined as any “corporation, limited liability company, or other similar entity that is: - Created by the filing of a document with a secretary of state or a similar office under the law of a State or Indian Tribe or - Formed under the laws of a foreign country and registered to do business in the United States by the filing of a document with a secretary of state or a similar office under the laws of a State or Indian Tribe…” This text includes both foreign and domestic entities. ###Exemptions from Reporting Requirements Exceptions include highly regulated entities such as: - Governmental Entities - Banks - Credit Unions - Insurance Companies - Public Utilities Additionally, entities with over 20 employees in the U.S. and more than $5 million in gross receipts, or those that have been inactive for over a year and are not owned by a foreign person, are also exempt. ##**Key Definitions** ###**Who is an Applicant?** An Applicant is: - Any individual who files an application to form a corporation, LLC, or similar entity under state or tribal law. - Any individual who registers or files an application to register a foreign entity to do business in the U.S. by filing with the secretary of state or similar office under the laws of a State or Indian Tribe. According to FinCEN FAQs, there can be up to two Applicants for each Reporting Company: the individual who directly files the formation document and the person primarily responsible for directing or controlling the filing. ###**Who is a Beneficial Owner?** A Beneficial Owner is an individual who exercises substantial control over the entity or owns/controls at least 25% of the ownership interests. Employees acting solely in their capacity as employees are not considered Beneficial Owners. Lawyers providing general legal services and counseling are also typically not considered Beneficial Owners unless they have substantial control over decision-making. ##**Compliance Requirements and Consequences** ###**Reporting and Update Requirements** All reported information must be updated within one year of any changes. ###Penalties for Non-Compliance Penalties for willfully providing false BOI or failing to report complete or updated BOI can include fines up to $10,000 or imprisonment for up to two years. There is a safe harbor clause if inaccurate information is corrected within 90 days. ##Current Legal Status ###Legal Challenges and Court Decisions The CTA was first challenged by National Small Businesses United (known as the National Small Business Association or NSBA) in the United States District Court for the Northern District of Alabama. The Court issued an injunction that applied only to the NSBA plaintiffs, which is still in effect. The next major legal challenge was in the Eastern District of Texas in Texas Top Cop Shop Inc. v. Garland. In this case, the Court held that the CTA was unconstitutional and issued a nationwide injunction. This nationwide injunction was overruled by the Fifth Circuit on December 23, 2024, but 3 days later, a merits panel of the Fifth Circuit vacated the stay and reinstated the nationwide injunction. The Supreme Court ultimately stayed this injunction. However, on January 7, 2025, another Texas District Court issued a nationwide injunction in Smith v. United States Department of the Treasury. This injunction remains in effect. ###Current Enforcement Status As of March 26, 2025, the Treasury Department, under Secretary Scott Bessent, announced the suspension of CTA enforcement for domestic entities, focusing only on foreign owners of foreign Reporting Companies. This suspension is discretionary and could be reversed by future administrations. Understanding these requirements and staying compliant with the CTA is essential for executives to avoid significant penalties and ensure their businesses operate within the legal framework. For further guidance, consulting with [legal professionals specializing in corporate law ](https://www.barrettlaw.com/practice-areas/business-law)is recommended. **About the Author:** [Lewis W. Ostermeyer](https://www.barrettlaw.com/our-people/lewis-w-ostermeyer) is a business and transactional attorney with the Business Law team at Barrett McNagny. He can be reached at lwo@barrettlaw.com or at 260.423.8856. Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Richard E. Fox](https:///our-people/richard-e-fox)| [John M. Frandsen](https:///our-people/john-m-frandsen)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Lewis W. Ostermeyer](https:///our-people/lewis-w-ostermeyer)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Sabrina T. Victor](https:///our-people/sabrina-t-victor)| [Holly M. Weber](https:///our-people/holly-m-weber)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Barrett Welcomes Summer Clerks | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/barrett-welcomes-summer-clerks ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-welcomes-summer-clerks) #Barrett Welcomes Summer Clerks ![](https:///Data/Accounts/Files/1/cc217ed118cb3cd1ab168b7b8e8b1a8d-2025SummerClerks2-min.jpg)Barrett McNagny LLP is pleased to announce that Jack Britten, Corbyn Fry, and Collin Kinniry have joined the firm as law clerks for the summer of 2025. **Jack Britten**, a native of Minneapolis, Minnesota, has completed his first year of legal studies at the University of Notre Dame, where he was awarded the Faculty Award for Excellence in Legal Research. He is actively involved in the Business Law Forum, the Tax Law Society, and the Real Estate Law Society. Mr. Britten earned his undergraduate degree in accounting with highest distinction from the University of Nebraska–Lincoln. **Corbyn Fry**, native of Bluffton, Indiana, has completed his second year of legal studies at the Indiana University Maurer School of Law where he was a semifinalist and received Oral Advocacy Honors in the Sherman Minton Moot Court Competition. He is a Dean’s Writing Fellow and is member of The Federalist Society and the Christian Legal Society. This past fall he served as a judicial extern for Justice Slaughter of the Indiana Supreme Court. Mr. Fry graduated summa cum laude from Boyce College with a Bachelor of Science degree in Philosophy, Politics, and Economics. **Collin Kinniry**, a Fort Wayne native, has completed his second year of legal studies at the Indiana University Maurer School of Law. He currently serves as Vice President of the Business Law Society, was a semifinalist in the Novice Mock Trial competition, and is a Michael Flannery Family Office Fellow. Mr. Kinniry graduated magna cum laude from Wabash College with a double major in Politics, Philosophy and Economics, and in Rhetoric. # Molitoris Featured in The Indiana Lawyer's 2025 Leadership in Law Publication | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/molitoris-featured-in-the-indiana-lawyers-2025-leadership-in-law-publication ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/molitoris-featured-in-the-indiana-lawyers-2025-leadership-in-law-publication) #Molitoris Featured in The Indiana Lawyer's 2025 Leadership in Law Publication Congratulations to [Justin Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris) for being selected by The Indiana Lawyer as an honoree in their [2025 Leadership in Law publication](https://www.theindianalawyer.com/leadership-in-law-2025) in the category of 'Up and Coming Lawyer'. He was featured in their annual publication recognizing attorneys from around the state. [![](https:///Data/Accounts/Files/1/222dec0ad73d0ebfaeb2733ccc980545-JTMLeadershipinLawHonoree.jpg)](https://www.theindianalawyer.com/leadership-in-law-2025) Tagged Attorneys [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| # Fitzharris Elected to American Board of Trial Advocates | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/fitzharris-elected-to-american-board-of-trial-advocates ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/fitzharris-elected-to-american-board-of-trial-advocates) #Fitzharris Elected to American Board of Trial Advocates [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) of **Barrett McNagny LLP** has been elected as a member into the American Board of Trial Advocates (ABOTA) an invitation-only organization. Applicants are only invited after they have completed numerous jury and bench trials, and with the trial work being thoroughly vetted by the Board. **Mr. Fitzharris**, a partner, is a registered civil mediator, and a member of The National Academy of Distinguished Neutrals, an association whose members are thoroughly vetted and found to meet stringent practice standards. He concentrates his litigation practice in the areas of alternative dispute resolution and commercial litigation, focusing most of his time on serving as a mediator to help individuals and entities resolve their disputes before filing suit or before trial. With over thirty years of litigation experience, Kevin has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. **Mr. Fitzharris** is a highly skilled mediator having mediated thousands of cases and is listed in the Best Lawyers in America and the Indiana Super Lawyers publications. He is a member of the Federal Court Merit Selection Panel for the United States Magistrate Judges- Northern District of Indiana, Fort Wayne Division, the Indiana Supreme Court’s Committee on Character and Fitness, the Defense Trial Counsel of Indiana, the Defense Research Institute, the American Bar Association, the Judicial Nominating Committee of Allen County and the Allen County Bar Association where he is the co-chair of the Alternative Dispute Resolution Section. He also serves as a member of the Indiana State Bar Association’s ADR Committee and participates around the state on various task forces consulting on the Indiana Rules of ADR. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| # Weber Admitted to Practice Law in Indiana | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/weber-admitted-to-practice-law-in-indiana ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/weber-admitted-to-practice-law-in-indiana) #Weber Admitted to Practice Law in Indiana **Barrett McNagny LLP** is pleased to announce that [Holly M. Weber](https://www.barrettlaw.com/our-people/holly-m-weber) has been admitted to practice law in the state of Indiana. Ms. Weber is a member of the mergers & acquisitions, business law, and securities law teams. Prior to joining Barrett McNagny, she practiced law in Delaware, where she worked as a corporate transaction attorney where she assisted and advised business leaders and executives on corporate governance matters, negotiating and drafting deals, compliance matters, corporate restructuring, commercial agreements, and post-transactional details. Ms. Weber received her undergraduate degree from Ursinus College, magna cum laude, where she was a member of Phi Beta Kappa. She received her J.D. from Rutgers University, where she was a member of the Executive Editorial Board for the Rutgers University Law Review and a Marshall-Brennan Fellow. She is licensed to practice in the states of Indiana and Delaware, and before the U.S. District Court for the District of Delaware. Tagged Attorneys [Holly M. Weber](https:///our-people/holly-m-weber)| # Bains Admitted to Ohio Bar | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/bains-admitted-to-ohio-bar ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/bains-admitted-to-ohio-bar) #Bains Admitted to Ohio Bar Barrett McNagny LLP is pleased to announce that [Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains) has been admitted to practice law in the state of Ohio. Mr. Bains concentrates his practice in the area of real estate law, which includes acquisitions and dispositions, leasing, and zoning and land use matters. Mr. Bains has been selected for the past five years for inclusion in the Best Lawyers in America publication in the areas of Real Estate Law and Litigation-Real Estate. He was named a 2021 Forty Under 40 award recipient by Greater Fort Wayne Business Weekly and was selected by the Indiana Super Lawyers publication as a “Rising Star” in 2017, 2018, and 2019. Mr. Bains is a board member for Emmanuel St. Michael Lutheran School and received his undergraduate degree, cum laude, from Wabash College and his Juris Doctorate, cum laude, from Indiana University Maurer School of Law in Bloomington. He is admitted to practice law in the states of Indiana and Ohio, and before the U.S. District Courts for the Northern and Southern Districts of Indiana. Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| # NLRB Remedies During Pending Litigation: Starbucks Corp. v. McKinney | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/nlrb-remedies-during-pending-litigation-starbucks-corp-v-mckinney ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/nlrb-remedies-during-pending-litigation-starbucks-corp-v-mckinney) #NLRB Remedies During Pending Litigation: Starbucks Corp. v. McKinney ##**Background on the Case** In the case of [**Starbucks Corp. v. McKinney**](https://www.supremecourt.gov/opinions/23pdf/23-367_f3b7.pdf)(2024), several Starbucks employees in Memphis, Tennessee, announced plans to unionize and invited a local news crew to their store after hours to promote their efforts. Starbucks subsequently fired multiple employees involved in the media event for violating company policy. The National Labor Relations Board (NLRB) filed an administrative complaint against Starbucks, alleging unfair labor practices. ##**Initial Court Decisions** The NLRB's regional Director filed a petition under §10(j) of the National Labor Relations Act, seeking a preliminary injunction to reinstate the fired employees during the administrative proceedings. The District Court granted the injunction, using a two-part test to determine: 1. Whether there is reasonable cause to believe that unfair labor practices have occurred. 1. Whether injunctive relief is just and proper. The Sixth Circuit affirmed this decision. ##**Supreme Court Ruling** The Supreme Court of the United States vacated the Sixth Circuit's decision. The Court held that when considering the NLRB’s request for a preliminary injunction under §10(j), district courts must apply the traditional four-factor test from **Winter v. Natural Resources Defense Council, Inc.** This test requires a plaintiff to clearly show: 2. Likelihood of success on the merits. 2. Likelihood of suffering irreparable harm without preliminary relief. 2. Balance of equities tipping in their favor. 2. That an injunction is in the public interest. The Supreme Court found that nothing in §10(j) overrides these traditional principles. The Court rejected the NLRB's argument that the statutory context should allow for a less stringent application of these criteria. The Court concluded that the reasonable-cause standard lowers the bar for securing a preliminary injunction by requiring courts to defer to the NLRB’s preliminary view of the facts, law, and equities. The case was remanded for further proceedings consistent with this opinion. ##**Implications for HR Professionals** This ruling emphasizes the importance of understanding the evidentiary standards required for preliminary injunctions in labor disputes. HR professionals should be aware that the traditional four-factor test will be applied in such cases, ensuring a rigorous evaluation of the merits, potential harm, balance of equities, and public interest before granting injunctive relief. This decision underscores the need for careful documentation and adherence to legal standards in handling labor relations and potential disputes. For questions please contact a member of our [Labor and Employment team ](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law)listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # What is FMLA? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/what-is-fmla ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/what-is-fmla) #What is FMLA? The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. This law aims to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical situations. ##**Key Provisions of FMLA** **Eligibility Requirements:** To be eligible for FMLA leave, an employee must: - Work for an employer with 50 or more employees. - Have been employed for at least 12 months (not necessarily consecutive). - Have worked at least 1,250 hours in the 12 months preceding the leave request **Covered Reasons for Leave:** Eligible employees can take FMLA leave for the following reasons: - The birth and care of a newborn child. - The placement of a child for adoption or foster care. - To care for an immediate family member (spouse, child, or parent) with a serious health condition. - To take medical leave when the employee is unable to work due to a serious health condition that impairs the employee from performing the functions of their job. It is up to the employer to determine, in advance, whether this 12 month is period of time is based on a calendar year, an anniversary year, or a moving 12-month period of time. ###**Definitions: Under FMLA the definitions are the following:** - Under the reason of carrying for an immediate family member,** a son or daughter** includes a biological child, an adopted child, a foster child, a stepchild, a legal ward, or a child of a person standing in place of a parent who is (a) under 18 years of age or (b) 18 years of age or older but incapable of self-care due to a mental or physical disability. - A **parent** is defined as a biological parent or someone who stood in place of a parent when the employee was a son or daughter. For example, this definition does not include a stepparent if that stepparent was not the employee's stepparent when the employee was under 18 years of age. - A **serious health condition** is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care in a medical facility or continuing treatment by a "health care provider." Health care providers include doctors, osteopaths, and chiropractors. Any such absence from work must be over three days in duration and involve continuing treatment to qualify as a serious health condition, or be a chronic or permanent condition which, if untreated, would result in an absence of over three days. **Serious Health Condition** The regulations provide a broad definition of a “serious health condition.” A serious health condition always involves incapacity, which is defined as an employee’s inability to perform one or more essential functions of their job. The regulations identify categories of serious health conditions as follows: 1. **Hospitalizations** involving inpatient care in a medical facility and any subsequent period of incapacity or treatment related to the condition. 1. **Conditions causing a period of incapacity** which lasts more than three consecutive calendar days (not necessarily workdays) and requires at least two treatments by a health care provider or someone under the health care provider’s supervision (e.g., a nurse or physical therapist). 1. **Conditions causing a period of incapacity** that lasts more than three consecutive calendar days and requires at least one treatment by a health care provider and results in a regimen of continuing treatment such as prescription medication, therapy, etc. 1. **Pregnancy** 1. **Chronic conditions** involving recurrent episodes of incapacity and periodic treatments by a health care provider. 1. **Long-term incapacity**, which is a condition causing permanent or long-term incapacity where the employee is under continuing supervision of a health care provider but is not being actively treated. 1. **Conditions that result in more than three days of incapacity if left untreated** and which require time away from regular activities to receive and recover from treatment. Examples include chemotherapy treatment, severe arthritis resulting in physical therapy, and dialysis treatment. The final regulations clarify that long-term or chronic conditions, hospital stays, pregnancy-related incapacity, and conditions which would be incapacitating if left untreated do not have to last three days. Therefore, a “serious health condition” includes illnesses of less than three days that are part of an ongoing serious health condition which is episodic or causing emergencies requiring only brief health care to prevent aggravation of the condition. A serious health condition requires continuing treatment of either two visits to a health care provider or one visit followed by a regimen of continuing treatment. A regimen of continuing treatment does not include taking over-the-counter medications, orders of bed rest, drinking fluids, exercises, or other similar activities that can be done without a visit to or supervision from a health care provider. Non-covered serious health conditions include the common cold, the flu, earaches, upset stomach, minor ulcers, headaches, routine dental or orthodontia problems, routine physicals, eye and dental examinations, etc. ##**Employers Covered by FMLA** The FMLA applies to any employer with 50 or more employees for each working day during at least 20 work weeks in the current or preceding calendar year. It's important to note that these 20 work weeks do not need to be consecutive and can be during the entire current calendar year or the entire preceding calendar year. **Multiple Locations:** If an employer has multiple locations, employees at a particular site are not covered by FMLA if: - The site has fewer than 50 employees, AND - The total number of employees within a 75-mile radius of that site is less than 50 For example, if a company has 1,000 employees in Indianapolis and 25 employees in Fort Wayne, the Fort Wayne location is exempt from FMLA. However, if the company has 1,000 employees in Indianapolis and 25 employees in Carmel, the Carmel location is covered by FMLA due to its proximity to Indianapolis By understanding these key aspects of FMLA, HR professionals can ensure compliance and support employees in balancing their work and family responsibilities. * This is a summary of the law only and that periodically there can be changes to the requirements and administrative interpretations which may affect individual situations. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Victor Joins Business Law Team | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/victor-joins-business-law-team ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/victor-joins-business-law-team) #Victor Joins Business Law Team **Barrett McNagny LLP** is pleased to announce that [Sabrina T. Victor](https://www.barrettlaw.com/our-people/sabrina-t-victor) has joined the firm. Ms. Victor will focus her practice in the areas of mergers & acquisitions, business law, and securities law. A native of Miami, Florida, she worked for an international law firm prior to joining Barrett McNagny, where she advised private companies, private equity funds, and strategic investors on a range of complex corporate matters, including mergers and acquisitions, private equity transactions, and general corporate matters. Ms. Victor received her undergraduate degree from the University of Notre Dame, where she was a Franklyn E. Doan Scholar, a member of the Black Student Association, and a Recruiting Ambassador for Notre Dame Football. She received her J.D. from the University of California, Irvine School of Law, where she was a Distinguished Decade Scholar and a member of the Black Law Students Association. She is licensed to practice in the states of Indiana, New York, and Texas. Tagged Attorneys [Sabrina T. Victor](https:///our-people/sabrina-t-victor)| # Firm Attorneys Listed in Indiana Super Lawyers for 2025 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/firm-attorneys-listed-in-indiana-super-lawyers-for-2025 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/firm-attorneys-listed-in-indiana-super-lawyers-for-2025) #Firm Attorneys Listed in Indiana Super Lawyers for 2025 **Barrett McNagny ****LLP** is proud to announce its listing in Indiana Super Lawyers for 2025. The following attorneys were selected for inclusion in their respective practice areas: - **[H. Joseph Cohen ](https://www.barrettlaw.com/our-people/h-joseph-cohen)– **Employment & Labor - **[Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) – **Alternative Dispute Resolution - **[Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice) –** Medical Malpractice Defense - **[Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr) – **Business Litigation - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) – **Employment & Labor - **[William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) –** Business Litigation - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) – **Employment & Labor The following attorney was selected for inclusion as a 2025 Indiana Rising Star: - [Justin T. Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris) **–** Business/Corporate - [Sarah Schreiber](https://www.barrettlaw.com/our-people/sarah-l-schreiber) **–** Employment & Labor Super Lawyers is a Thomson Reuters business, and its lists are published in Super Lawyers Magazines and city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. Barrett McNagny LLP is among the largest northeastern Indiana law firms and one of the oldest law partnerships in the state. Founded in 1876, Barrett McNagny LLP offers a full range of legal services to clients in northern Indiana, western Ohio and southern Michigan. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Ramsey Elected Managing Partner of Executive Committee | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/ramsey-elected-managing-partner-of-executive-committee ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/ramsey-elected-managing-partner-of-executive-committee) #Ramsey Elected Managing Partner of Executive Committee **Barrett McNagny LLP** is pleased to announce [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) has been elected to serve as Chair of the firm’s Executive Committee for 2025. Also serving on the firm’s Executive Committee during 2025 will be [John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce)**, **[Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains)**, **[H. Joseph Cohen](https://www.barrettlaw.com/our-people/h-joseph-cohen)**, and **[Philip A. Wagler](https://www.barrettlaw.com/our-people/philip-a-wagler)**.** Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| # Downey Elected Partner | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/downey-elected-partner ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/downey-elected-partner) #Downey Elected Partner **Barrett McNagny LLP** is pleased to announce the election of [Brian J. Downey](https://www.barrettlaw.com/our-people/brian-j-downey) a Partner effective January 1, 2025. **Mr. Downey **concentrates his practice in the areas of estate planning and administration. He assists clients with wills, trusts, and strategies to minimize estate, inheritance, and generation-skipping taxes as well as consults business owners regarding the choice of entity issues, valuation issues, buy-sell agreements, and business succession issues. Mr. Downey previously managed a successful estate planning practice in Florida and is licensed to practice law in both Indiana and Florida. **Mr. Downey **is a member of the Allen County Bar Association and received his undergraduate degree from Purdue University and a Juris Doctorate, cum laude, from the University of Akron, School of Law. He also has a Master of Laws (LL.M.) in Taxation from the New York University School of Law. Tagged Attorneys [Brian J. Downey](https:///our-people/brian-j-downey)| # Update on the Department of Labor's 2024 Overtime Pay Rule | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/update-on-the-department-of-labor-2024-overtime-pay-rule ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/update-on-the-department-of-labor-2024-overtime-pay-rule) #Update on the Department of Labor's 2024 Overtime Pay Rule In April 2024, Barrett McNagny’s Labor and Employment section reported that the Department of Labor (“DOL”) released a final rule that raised the salary threshold to qualify for certain overtime exemptions (the “2024 Rule”) under the Fair Labor Standards Act (“FLSA”), which was designed to expand employee overtime pay eligibility. [(Read the article from April 2024)](https://www.barrettlaw.com/blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-salary-threshold-to-qualify-for-overtime) As anticipated, litigation ensued over the 2024 Rule, and it was challenged based on running afoul of the DOL’s statutory authority to create certain salary thresholds and allow for automatic adjustments of those thresholds every three years. The United States District Court for the Eastern District of Texas heard the legal challenge and agreed with the rule’s challengers. On November 15, 2024, the Texas district court issued its opinion and order, thus setting aside the 2024 Rule as an unlawful exercise of the DOL’s power and prohibiting the DOL’s enforcement of the 2024 Rule nationwide. Therefore, the July 1, 2024, salary increase exceeded the DOL’s authority and the second phase of changes to the salary threshold set for January 1, 2025, will not occur. ##EAP Exemption & The 2024 Rule Under the FLSA, employers are generally required to pay an employee time and a half for all hours worked more than 40 hours in one work week. Employees who are employed in a bona fide executive, administrative, or professional capacity (“EAP” or “white-collar” exemption) are exempt from minimum wage and overtime protections if they are: 1. Paid a salary 1. Paid at least a specified weekly salary level 1. Primarily perform executive, administrative, or professional duties (as provided in the DOL regulations). The 2024 Rule affects the salary level portion of the test above as follows: - Raised salary level from $684 to $844 per week (or from $35,568 annually to $43,888 annually) beginning July 12, 2024; - Raises the salary level from $844 per week to $1,128 per week (or from $43,888 annually to $58,656 annually) starting on January 1, 2025; and - Implements a mechanism to automatically increase the salary level every three years based on contemporary earnings data. The first automatic change was set to occur on July 1, 2027. In reviewing the history of the EAP exemption, the DOL’s history of rulemaking on this subject, and recent litigation, the Texas district court determined that the determinative portion of the test for EAP exemption is an employee’s duties (or capacity in which they are employed), not the dollars the employee earns. Instead, the minimum salary level imposed under the 2024 Rule effectively eliminates consideration of whether an employee performs “bona fide executive, administrative, or professional capacity” duties in favor of what amounts to a salary-only test. It is this consideration that the court determined exceeds the DOL’s authority under the law to make salary (rather than duties) determinative of whether an executive, administrative or professional capacity employee should be exempt from overtime pay. In other words, the 2024 Rule created an improper, predominant salary level test. By doing so, the DOL exceeded its authority. ##The Road Ahead It is anticipated that the DOL will appeal the Texas district court’s ruling to the United States Court of Appeals for the Fifth Circuit. As the nation prepares for the change in presidential administration, whether that appeal will be heard before the presidential inauguration remains to be seen. The pending litigation means that employers must confer with legal counsel and monitor the changing landscape on this legal issue. For additional questions or concerns about the 2024 Rule, pending litigation, or for assistance with communicating with your employees on this legal topic, please contact a member of [Barrett McNagny’s Labor and Employment Law Team](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Contribution Rules for 401(k) Plans to Change | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/contribution-rules-for-401k-plans-to-change ##[Blog](https:///blog) [Back to Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/contribution-rules-for-401k-plans-to-change) #Contribution Rules for 401(k) Plans to Change Significant changes to the catch-up contribution rules for 401(k) plans will be taking effect in 2025 under the recently enacted SECURE 2.0 Act. One change is optional for many plans, however other changes will be mandatory. ##**New Catch-Up Contribution Rules** The SECURE 2.0 Act introduced new rules for catch-up contributions in 401(k) plans. Starting in 2025, individuals who attain age 60, 61, 62, or 63 during the year will have a higher catch-up contribution limit. This limit will be the greater of $10,000 (indexed for inflation after 2025) or 150% of the regular catch-up limit for 2024. So, for 2025, the catch-up contribution limit for those in the age group would be $11,250, not $7,500, if employers elect to this optional benefit. Additionally, beginning in 2026, catch-up contributions made by individuals whose prior-year compensation exceeds $145,000 may only be made in the form of designated Roth contributions. This rule applies to employees whose wages for the prior tax year from the plan sponsor or its affiliates equal or exceed $145,000, with no cost-of-living adjustment for 2025. This is a mandatory requirement. ##**Effective Dates** Employers can use the increased catch-up contribution limits beginning January 1, 2025, but must amend their plan to conform to the new limits by December 31, 2026. ##**Conclusion** We recommend reviewing your current 401(k) plan provisions and deciding to elect or decline the optional increase. If you have any questions or need assistance in ensuring compliance with the new rules, please do not hesitate to our [Employee Benefits Law](https://www.barrettlaw.com/practice-areas/employee-benefits-law) team. Tagged Attorneys [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky)| # Barrett McNagny LLP Listed in 2025 “Best Law Firms” Rankings Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2025-best-law-firms-rankings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2025-best-law-firms-rankings) #Barrett McNagny LLP Listed in 2025 “Best Law Firms” Rankings **Barrett McNagny ****LLP** is proud to announce that the firm was ranked in the 2025 “Best Law Firms” rankings by **U.S. News Media Group** and **Best Lawyers®**. The firm was recognized for its first-tier ranking in the Fort Wayne area in the following practice areas: - [Banking and Finance Law](https://www.barrettlaw.com/practice-areas/financial-institutions) - [Business Organizations (including LLCs and Partnerships)](https://www.barrettlaw.com/practice-areas/business-law) - [Commercial Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) - [Corporate Law](https://www.barrettlaw.com/practice-areas/business-law) - [Employment Law - Management](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Labor Law - Management](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Litigation - Insurance](https://www.barrettlaw.com/practice-areas/insurance-defense) - [Litigation - Labor & Employment](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Personal Injury Litigation - Defendants](https://www.barrettlaw.com/practice-areas/insurance-defense) - [Real Estate Law](https://www.barrettlaw.com/practice-areas/real-estate-law) - [Trusts & Estates Law](https://www.barrettlaw.com/practice-areas/estate-planning) These rankings showcased fewer than 10,000 law firms across the country. Firms were often separated by small or insignificant differences in overall score, so a tiering system, rather than a sequential system is used. The first-tier ranking includes those firms that scored within a certain percentage of the highest-scoring firm(s); the second tier, those firms that scored within a certain percentage of the next highest-scoring firm(s), etc. The number of tiers included in each practice area or metropolitan area varies. **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [Learn more about the selection methodology for inclusion in the Best Lawyers® Publication](https://www.bestlawyers.com/methodology). # Frandsen and Ostermeyer Join Barrett McNagny | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/frandsen-and-ostermeyer-join-barrett-mcnagny ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/frandsen-and-ostermeyer-join-barrett-mcnagny) #Frandsen and Ostermeyer Join Barrett McNagny ![](https:///Data/Accounts/Files/1/e305f4c3c6835cc559193b437be337c8-BannerforJMFLWO-min.jpg) **Barrett McNagny ****LLP** is pleased to announce that [John Frandsen](https://www.barrettlaw.com/our-people/john-m-frandsen) and [Lewis Ostermeyer ](https://www.barrettlaw.com/our-people/lewis-w-ostermeyer)have joined the firm. Both will focus their practices in the areas of mergers & acquisitions and corporate law. Mr. Frandsen received his J.D., cum laude, from the Indiana University Maurer School of Law in Bloomington where he was the Executive Managing Editor of the Indiana Journal of Global Legal Studies. He received his M.A. in History from Arizona State University and graduated with a B.A. in History, summa cum laude, from the University of Alabama. Mr. Ostermeyer received his J.D., magna cum laude, from the Indiana University Maurer School of Law in Bloomington where he was an Articles Editor of the Indiana Law Journal. He received his Bachelor of Science in physics from Purdue University Fort Wayne and his Bachelor of Arts in political science from Indiana University, Fort Wayne. Before attending law school, he worked for the Allen County Board of Commissioners and was a legislative assistant for the Indiana House of Representatives. Tagged Attorneys [John M. Frandsen](https:///our-people/john-m-frandsen)| [Lewis W. Ostermeyer](https:///our-people/lewis-w-ostermeyer)| # Bailey Joins Real Estate Team | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate/bailey-joins-real-estate-team ##[Blog](https:///blog) [Back to Real Estate Law](https:///blog/real-estate) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/real-estate/bailey-joins-real-estate-team) #Bailey Joins Real Estate Team ![](https:///Data/Accounts/Files/1/b398ef83311785d903dffdde2ad79f37-BannerforBenBailey-min.jpg) **Barrett McNagny LLP** is pleased to announce that [Benjamin N. Bailey](https://www.barrettlaw.com/our-people/benjamin-n-bailey)** **has joined the firm. Mr. Bailey will focus his practice in the areas of real estate law and economic development. Prior to joining the firm, Mr. Bailey had a one-year clerkship with Justice Derek R. Molter of the Indiana Supreme Court. He received his J.D., summa cum laude, from the Indiana University Maurer School of Law where he was the Articles Editor for the Indiana Law Journal and was a member of the Dean’s Advisory Council. He received his B.A. degree, with highest distinction, from Purdue University Fort Wayne and is licensed to practice before the state courts in Indiana. Tagged Attorneys [Benjamin N. Bailey](https:///our-people/benjamin-n-bailey)| # 3 Tips for Every New Homeowner | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/3-tips-for-every-new-homeowner ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/3-tips-for-every-new-homeowner) #3 Tips for Every New Homeowner Congratulations on the purchase of your new home! Whether this is your first home or you are upgrading or downsizing from your current home, the purchase of a home is a big event in your life. When major life events occur, you must have a plan in place to ensure that you are properly prepared for the future. Below are a few things to consider now that you finally have the keys to your new home. ##**Update Your Address** Now that you are in your new home, you must update your address with the appropriate entities. Your local United States Postal Office has a form you can fill out. If you cannot make it to the post office, you can also update this information on the [USPS Website](https://moversguide.usps.com/mgo/disclaimer). This will assist them in forwarding your mail to you. To ensure that you do not miss any important tax notices or refunds, you will also want to update your address information with the Internal Revenue Service using [Form 8822](https://www.irs.gov/pub/irs-pdf/f8822.pdf), as well as with your local state tax agency. ##**Ensure Your House Title Coordinates with Your Estate Plan** While it is still fresh in your mind, take a look at your new deed to determine how your new home is titled. Ideally, you discussed with an estate planning professional before purchasing the new property to determine how you would like to own your new property, whether in your name individually, jointly with a spouse, or in the name of your trust. It is important to review your current estate plan after the purchase of the home to ensure that it aligns with your estate planning goals. For example, if your plan had a specific instruction to give your prior property to someone, and the instruction references the address of your prior home, you will want to ensure that you update this provision once you no longer own the previous property to avoid confusion down the line. On the other hand, if this is your first home and your estate plan includes a trust to avoid probate, you will need to ensure that your home is titled in the name of the trust and not in your name individually. Alternatively, you could have a transfer-on-death (TOD) deed or Lady Bird deed prepared to add the trust as a beneficiary to the home if your state recognizes these tools. Additionally, if you would ultimately like your property to be distributed to a specific individual or held in trust for the benefit of your loved ones (for example, your minor children), you will want to ensure that provisions are added to accomplish this. ##**Check Life Insurance Coverage and Beneficiary Designations** Unless you were fortunate enough to pay cash for your new home, chances are you now have a monthly mortgage expense. To protect your loved ones, it would be prudent to prepare for the possibility of dying before you pay off your mortgage. You may want to consider whether you have enough life insurance to pay off the balance of the mortgage. This is especially important if you have a surviving spouse or children who will likely continue to reside in the home to ensure that they have sufficient funds to alleviate one of the largest monthly expenses they will probably have. Life insurance can provide valuable funds during what is usually an emotionally—and sometimes financially—difficult time. When you buy a new home, it is a great opportunity to double-check your beneficiary designations. Life changes happen so quickly that sometimes updating beneficiary designations can be overlooked. If your designations do not align with the rest of your estate plan, you may end up inadvertently disinheriting a family member, having a large sum of money fall directly into the hands of an individual (for example, a young adult or minor child) without any guidelines, or having your hard-earned money and property go to someone you no longer want to benefit from your life insurance. Lastly, now that you have a home and homeowner’s insurance, call your insurance agent to make sure that you are getting all of the discounts to which you are entitled. Many insurance companies will offer discounts when you bundle services. If you already have car insurance through a carrier and use the same company for your homeowner’s insurance, you may be entitled to a better rate than if you obtained the policies at separate carriers. In addition, homeowners often get discounts that renters do not. ##**We Are Here to Help** Buying a new home is a big step, and we are here to help you plan to protect both your loved ones and your new investment. Give a member of our [Estate Planning team ](https://www.barrettlaw.com/practice-areas/estate-planning)a call so we can help ensure that your new purchase and your estate plan are working together to accomplish your goals. Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Brian J. Downey](https:///our-people/brian-j-downey)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| # Reviewing Your Estate Plan after the Death of a Loved One | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/reviewing-your-estate-plan-after-the-death-of-a-loved-one ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/reviewing-your-estate-plan-after-the-death-of-a-loved-one) #Reviewing Your Estate Plan after the Death of a Loved One The death of a loved one is never easy. Regardless of your relationship with the deceased (for example, a relative, significant other, or close friend), you need space and time to process and grieve your loss. Once you have had time to cope with all that has happened, you should consider updating your estate plan in light of your loved one’s death. Although your estate plan primarily focuses on what will happen if you become incapacitated (unable to make or communicate your wishes) or die, the death of a loved one can have a significant impact on your planning. If you have an estate plan, one of the first things you need to do when a loved one dies is to review the documents with the following questions in mind: ##**Was the Deceased a Beneficiary Under Your Will or Revocable Living Trust? ** ###**Do Your Documents Address What Happens to that Money or Property Should Your Loved One Predecease You?** One of the main objectives of establishing a will or revocable living trust is to create a plan for what will happen to the things you own at your death. If you have strong feelings about who should receive your money and property, you must name who will inherit from you and also who will inherit the money and property if your first choice dies before you. If your will or trust does not list a contingent (backup) beneficiary, the gift in question is canceled when the first-choice beneficiary passes away, and the accounts and property you wanted to leave to your now-deceased loved one become part of your general estate and will be distributed according to the remaining terms of your will or trust. This cancellation can be problematic if your beneficiary has a spouse, children, grandchildren, or other loved ones whom you would have wanted to receive the beneficiary’s inheritance instead. Some states have enacted antilapse laws to protect against this result. In these jurisdictions, the beneficiary’s heirs will receive the gifts. There are a few caveats and distinctions from jurisdiction to jurisdiction. For example, some states limit the heirs who can benefit from antilapse laws to blood relatives. ##**Is a Trusted Decision-Maker Now Deceased?** As part of your comprehensive estate plan, you likely selected several different important decision-makers to act on your behalf if you become incapacitated (agents under your financial and medical powers of attorney and a successor trustee) or to wind up your affairs after your death (a successor trustee, personal representative, or executor). If your deceased loved one held any of these positions, make sure a backup was nominated. If not, you need to update the affected document to include a new first choice and at least one alternate. If you have already named a backup in the document, you will want to update your document to name your backup as your new first choice and remove your deceased loved one’s name to prevent confusion when a third party reviews the document. ###**Personal Representative (Executor)** This trusted individual, appointed in your last will and testament, is responsible for collecting all your accounts and property, paying your outstanding debts and taxes, and distributing your money and property to your named beneficiaries after your death. This person’s task is to wind up your affairs, which can be time-consuming. If your chosen personal representative dies before you and there is no named backup at the time of your death, the probate court will use your state’s laws to determine who is next in line to serve as personal representative. ###**Co-Trustee or Successor Trustee of Your Trust** Serving either with you (as co-trustee) or after you become incapacitated or die (as successor trustee), this trusted person or entity is charged with managing, investing, and distributing the money and property from your trust to you during your lifetime (if you are incapacitated or are otherwise unable to act as trustee) and to your chosen beneficiaries after your death. If your deceased loved one was a co-trustee with you, you should review your trust agreement to see what happens next. There may be a provision that either allows you to continue serving as the only trustee, names a specific person to step in and serve with you as co-trustee, or describes how to determine who your new co-trustee will be. If your deceased loved one was named as your successor trustee, nothing noticeable will happen concerning how your trust is managed right now. However, if you become incapacitated or die and there is no successor trustee, your loved ones must look to your trust agreement for guidance on filling the vacancy. Your trust may provide that a certain number of your beneficiaries can appoint a new trustee without court involvement, or your trust might require that the court approve any new trustee. The outcome will depend on the trust’s wording and your state’s laws. Because your trust is revocable and amendable during your lifetime, it is best to update your trust to appoint a new successor trustee or change any of these provisions as needed while you still can do so. ###**An Agent Under a Financial Power of Attorney** Your agent is an individual you choose to manage your property and finances (such as communicating with your mortgage company, paying your bills, or accessing funds in your bank account for your care) on your behalf. If the person you selected is deceased and there is no named backup, no one else can act on your behalf when needed. If you become unable to manage your property and finances without appointing an agent in a financial power of attorney, your loved ones will have to go to court and have someone appointed by a judge to take care of your financial and property matters. The judge will make this determination based on state law, which prioritizes a spouse or blood relative serving in this role, and the person selected may not be the person you would have chosen. Not only is this process time-consuming during a stressful time, but it can be expensive and exposes the details of your condition and family dynamics to the public. ###**An Agent Under a Medical Power of Attorney ** Your agent under your medical power of attorney is typically authorized to make decisions or communicate your medical wishes in the event you are unable to do so yourself. Because this person can act only when you cannot, you may not feel an immediate need to update your medical power of attorney if your chosen agent has passed away. However, if you have an accident, become incapacitated, or are otherwise unable to communicate your medical wishes and you do not have an agent who can act for you, your loved ones must go to court to have a guardian appointed before anyone can speak on your behalf. The judge will look to the standards and guidelines within your state law to aid them in appointing the appropriate person, who may not be the person you would have chosen to make your decisions. Second, the selected person may not know your wishes about the medical care you want to receive. ###**Guardian for Your Minor Child ** You have likely invested a lot of time and consideration in deciding who you would like to serve as the guardian of your minor children if you and the children’s other parent are unable to care for them. If the loved one you have selected has passed away, you must update this selection. While your circumstances may vary, if your chosen guardian is unable to serve for any reason, and you have no alternate guardian nominated, the probate court will determine who will raise your child. As with other roles, the selected person may not be the one you would have chosen, and absent input from you, the judge may have limited information when making this critical decision. ##**We Are Here to Help** We understand that you are grieving the loss of a loved one. When you are ready, we are here to help you take the next step in your estate planning journey, whether you are starting, completing, or updating your estate plan. Give a member of the [Estate Planning team](https://www.barrettlaw.com/practice-areas/estate-planning) listed below a call to schedule your in-person or virtual appointment. Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Brian J. Downey](https:///our-people/brian-j-downey)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| # How to Make Your Inheritance Last | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/how-to-make-your-inheritance-last ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/how-to-make-your-inheritance-last) #How to Make Your Inheritance Last Most people believe that receiving a large inheritance from a loved one would be life-changing. At least one study, however, found that about one-third of Americans who had received an inheritance eventually experienced a decrease or no change in their wealth after receiving the inheritance, meaning that they most likely spent everything they received. [[1]](https://news.osu.edu/most-americans-save-only-about-half-of-their-inheritances-study-finds---ohio-state-research-and-innovation-communications) For baby boomers who received an inheritance of $100,000 or more, nearly one in five spent it all. [[2]](https://news.osu.edu/most-americans-save-only-about-half-of-their-inheritances-study-finds---ohio-state-research-and-innovation-communications) If you are preparing to receive an inheritance, there are several steps you can take to ensure that your funds will last longer than a few years. ## **Don't Make any Hasty Decisions** Once you receive your money, do not make any hasty decisions about what to do with it. While you are crafting your long-term financial plan, consider taking some of the following actions: ###Keep it Safe Park the funds in a safe place such as a savings account, money market account, or certificate of deposit. However, be aware that the FDIC insures these types of accounts only up to $250,000 per depositor, per insured bank, for each account ownership category.[[3]](https://file:///C:/Users/mjr/AppData/Local/Temp/35b99001-4da9-48cd-a697-b623c05720dd_Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package_%20(1).zip.0dd/Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package/Blog%20Content%20-%20How%20to%20Make%20Your%20Inheritance%20Last.docx#_ftn3) ###Set Up an Emergency Fund [](https://file:///C:/Users/mjr/AppData/Local/Temp/35b99001-4da9-48cd-a697-b623c05720dd_Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package_%20(1).zip.0dd/Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package/Blog%20Content%20-%20How%20to%20Make%20Your%20Inheritance%20Last.docx#_ftn3)If you do not already have an emergency fund, set one up to cover a minimum of six months of expenses. If you already have an emergency fund, consider adding additional funds to cover one year of expenses. ###Marital Asset If you are married, you will need to decide early on if you want to keep your inheritance in your sole name in an individual account or place the funds in an account jointly owned with your spouse. This decision largely centers on whether you want to protect your inheritance from being considered a marital asset if you ever get divorced in the future. Also, it is important to know that even if you put the inheritance in your sole name, spending money from that account on joint or family expenses may render the inheritance account a marital asset, depending on the rules in your state. You should consider seeking legal counsel before you take custody of your inheritance. ###Gifting to Your Children If you are considering giving some of your inheritance to your children during your lifetime, you could invoke a gift tax or incur negative income tax consequences if the gift is not structured properly. You should only proceed with gifting once you understand all of the potential consequences. ###Paying Off Debts If you have significant debts or liabilities, you may consider using a portion of your inheritance to pay the balance off or lower it. ## **Still Working? Put More Money Towards Your Retirement** Some financial experts estimate that in order to comfortably retire, you should have one year's worth of salary saved by the time you are 30 years old, three times your salary by the time you are 40 years old, six times your salary by the time you are 50 years old, and eight times your salary by the time you are 60 years old.[[4]](https://file:///C:/Users/mjr/AppData/Local/Temp/35b99001-4da9-48cd-a697-b623c05720dd_Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package_%20(1).zip.0dd/Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package/Blog%20Content%20-%20How%20to%20Make%20Your%20Inheritance%20Last.docx#_ftn4) If you are working and are not contributing the maximum to your 401(k), bump up your withholding, particularly if you are not meeting your employer’s match. If your employer does not offer a 401(k), start funding an IRA. Note that if you have inherited a traditional IRA, any withdrawals you make will be included in your taxable income. ## **Hire a Team of Professional Advisors** You will need a team of professionals to help you develop long-term plans to make your inheritance last. A financial advisor will help you analyze your current finances and build a solid financial foundation that includes investments, credit and debt management, college savings, and retirement planning. Your advisor can also help you look into the future and plan for long-term financial goals, such as purchasing a first or second home, purchasing an investment property, establishing funds for retirement, or starting a charitable foundation. An insurance agent will help analyze the necessary types and amounts of insurance (life, long-term care, and liability) to ensure that you and your family are protected. A tax professional will help you analyze cash flow and create a plan to minimize capital gains and other income taxes. We can help you create or update your estate plan (everyone needs a will or revocable trust, medical directives, and a durable financial power of attorney), decrease or eliminate estate taxes (federal and/or state), set up a gifting strategy, meet your charitable goals, create a family legacy, and protect your inheritance from creditors, predators, and lawsuits. If your inheritance is large enough, it has the potential to last throughout your lifetime. But do not attempt to create a plan to make it last as long as possible on your own. We are here to answer any questions you have about receiving, growing, donating, protecting, and ultimately passing on your inheritance to your loved ones. Contact a member of our [Fort Wayne Estate Planning team](https://www.barrettlaw.com/practice-areas/estate-planning) listed below. *** [[1]](https://file:///C:/Users/mjr/AppData/Local/Temp/35b99001-4da9-48cd-a697-b623c05720dd_Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package_%20(1).zip.0dd/Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package/Blog%20Content%20-%20How%20to%20Make%20Your%20Inheritance%20Last.docx#_ftnref1)Jeff Grabmeier, [Most Americans Save Only about Half of Their Inheritances, Study Finds](https://news.osu.edu/most-americans-save-only-about-half-of-their-inheritances-study-finds---ohio-state-research-and-innovation-communications), Ohio State News (Mar. 14, 2012) [[2]](https://file:///C:/Users/mjr/AppData/Local/Temp/35b99001-4da9-48cd-a697-b623c05720dd_Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package_%20(1).zip.0dd/Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package/Blog%20Content%20-%20How%20to%20Make%20Your%20Inheritance%20Last.docx#_ftnref2)Id. [[3]](https://file:///C:/Users/mjr/AppData/Local/Temp/35b99001-4da9-48cd-a697-b623c05720dd_Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package_%20(1).zip.0dd/Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package/Blog%20Content%20-%20How%20to%20Make%20Your%20Inheritance%20Last.docx#_ftnref3) [Deposit Insurance at a Glance](https://www.fdic.gov/resources/deposit-insurance/brochures/deposits-at-a-glance), FDIC (Apr. 1, 2024) [[4]](https://file:///C:/Users/mjr/AppData/Local/Temp/35b99001-4da9-48cd-a697-b623c05720dd_Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package_%20(1).zip.0dd/Estate%20Planning%20Awareness%20Week%202024_Marketing%20Package/Blog%20Content%20-%20How%20to%20Make%20Your%20Inheritance%20Last.docx#_ftnref4) [How Much Do I Need to Retire?](https://www.fidelity.com/viewpoints/retirement/how-much-do-i-need-to-retire), Fidelity (Feb. 15, 2024) Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Brian J. Downey](https:///our-people/brian-j-downey)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| # Estate Planning: Getting Your Affairs in Order and Giving Through Bequests | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/estate-planning-getting-your-affairs-in-order-and-giving-through-bequests ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/estate-planning-getting-your-affairs-in-order-and-giving-through-bequests) #Estate Planning: Getting Your Affairs in Order and Giving Through Bequests Estate planning is more than just drafting a will; it's about ensuring that your assets and wishes are managed effectively after your passing. One of the most meaningful ways to leave a lasting legacy is through the bequest of your assets. Estate planning is essential for everyone, regardless of the size of your estate. Without a plan, your assets could be distributed according to state laws, which may not align with your wishes. Consulting an estate planning attorney ensures that your plan is legally sound and accurately reflects your intentions. ##What is a Bequest? A bequest is a gift made through your will or trust to a beneficiary. Bequests are a powerful way to leave a legacy that reflects your values and supports causes that matter to you. They can take many forms, including: - **Specific Bequests:** Designating a particular asset, such as a piece of jewelry, real estate, or a sum of money, to a specific person or organization. - **Residual Bequests:** Leaving the remainder of your estate, after all other bequests have been made and debts paid, to a beneficiary. - **Contingent Bequests:** Naming a secondary beneficiary if the primary beneficiary predeceases you. - **Charitable Bequests:** Donating a portion of your estate to a charitable organization, allowing you to support a cause that is meaningful to you. Bequests can have a lasting impact, providing financial support to loved ones or contributing to charitable causes that can continue to benefit society long after you’re gone. Many people find comfort in knowing that their legacy will live on through the good works made possible by their bequests. Estate planning is a critical step in securing your legacy and ensuring your wishes are honored. By getting your affairs in order and considering bequests as part of your plan, you can leave a meaningful impact on the lives of those you care about and the causes you believe in. Whether you’re just starting the estate planning process or revisiting an existing plan, taking the time to consult an estate planning attorney and make thoughtful decisions today can provide peace of mind for the future. # Schreiber Joins Labor & Employment Team | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/schreiber-joins-labor-and-employment-team ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/schreiber-joins-labor-and-employment-team) #Schreiber Joins Labor & Employment Team **Barrett McNagny LLP** is pleased to announce that [Sarah L. Schreiber](https://www.barrettlaw.com/our-people/sarah-l-schreiber) has joined the firm and will continue to focus her practice in the area of employment law and labor relations. She has over a decade of experience defending employers against claims and is a registered civil mediator. Ms. Schreiber was selected for inclusion in the Best Lawyers in America publication in 2024 and 2025 in Litigation-Labor and Employment. She has been selected since 2018 as a “Rising Star” by the Indiana Super Lawyers publication and was the winner of the 2022 Fort Wayne Newspapers Readers’ Choice Award for Best Attorney-General Practice. She is active locally with the Allen County Bar Association where she served as President of the Board of Directors, and she is also a Past President of the Benjamin Harrison Chapter of the American Inns of Court. Ms. Schreiber received her Bachelor of Arts in Communications, magna cum laude, from the University of Illinois- Urbana-Champaign and her Juris Doctorate, magna cum laude, from the Valparaiso University School of Law. She is admitted to practice before the Indiana State Courts, the United States District Courts for the Northern and Southern Districts of Indiana, United States Court of Appeals for the 7th Circuit, and the United States Supreme Court. Tagged Attorneys [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| # Texas Court Issued Injunction on Banning Non-Competes | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/texas-district-court-issued-a-nationwide-injunction-on-the-ftcs-rule-banning-non-competes ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/texas-district-court-issued-a-nationwide-injunction-on-the-ftcs-rule-banning-non-competes) #Texas District Court Issued a Nationwide Injunction on the FTC’s Rule Banning Non-Competes On August 20, 2024, in Ryan LLC, et. al. v. Federal Trade Commission, the United States District Court for the Northern District of Texas issued an Order setting aside the Federal Trade Commission’s (“FTC”) Rule banning non-competes (hereinafter “Non-Compete Rule”) entirely. Therefore, the Non-Compete “Rule will not be enforced or otherwise take effect on its effective date of September 4, 2024 or thereafter.” The Court followed a similar path in reaching its conclusions in this Order as it did when it issued its July 3, 2024 Order in which it issued a temporary and limited injunction on the Non-Compete Rule to the Plaintiffs. Once again, the Court examined the legislative history of the Federal Trade Commission Act and concluded that Congress did not empower the FTC to exercise substantive rulemaking for several reasons. First, the law permits the FTC to make only procedural or “housekeeping” rules. Second, if Congress had intended to empower the FTC to exercise substantive rulemaking, then Congress would have outlined sanctions or penalties for violations of the agency’s rule. Here, Congress did not. Third, if Congress had intended to bestow substantive rulemaking to the FTC, then Congress would have drafted such a power in a separate and primary placement; it did not. The Court also examined revisions to the FTC Act. Relying on Sections 6(g) and 18 of the Act, the FTC repeatedly argued that it can make substantive rules. The FTC also argued that Sections 6(g) and 18 remained untouched during the most recent revisions to the Act. The Court was unconvinced, writing: “The role of an administrative agency is to do as told by Congress, not to do what the agency thinks it should do.” (citing National Petroleum Refiners Ass’n v. FTC, 482 F.2d 672, 674 (D.C. Cir. 1973)). Based on its thorough analysis of the context and the structure of the FTC Act, the Court concluded that the FTC exceeded the scope of its statutory authority when issuing the Non-Compete Rule. Additionally, the Court found that the Non-Compete Rule was “arbitrary and capricious” because “it is unreasonably overbroad without a reasonable explanation.” Also, the FTC failed to consider or discuss alternatives to its “one size fits all” Rule and failed to outline “compelling justifications” for why the FTC did not consider alternatives to the Rule as drafted. Because the Court concluded that the FTC overstepped its statutory authority with the Non-Compete Rule, and the Non-Compete Rule is arbitrary and capricious, the Court set aside and permanently enjoined the Non-Compete Rule. The FTC may file an appeal to the Court’s August 20th Order. In the meantime, employers can continue to include non-compete provisions in employment and other applicable agreements. All employer obligations (e.g., notice to the employees) under the Non-Compete Rule are also set aside. Please feel free to contact a member of the [Labor & Employment ](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law)team listed below with additional questions. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # "Lawyers of the Year" Best Lawyers in America | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/lawyers-of-the-year-best-lawyers-in-america ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/lawyers-of-the-year-best-lawyers-in-america) #"Lawyers of the Year" Best Lawyers in America **Barrett McNagny ****LLP** is proud to announce that four firm attorneys were selected by their peers for inclusion in **The Best Lawyers in America® 2025 **as “Lawyer of the Year” in their respective practice areas. - [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) was selected as “Lawyer of the Year,” Fort Wayne, in the areas of Labor Law- Management and Litigation- Labor and Employment. - [John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Business Organizations (including LLCs and Partnerships). - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) **was selected “Lawyer of the Year,” Fort Wayne, in the area of Litigation- Insurance. - [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) was selected “Lawyer of the Year,” Fort Wayne, in the area of Medical Malpractice Law- Defendants. They received this distinction based on peer ratings. Only a single lawyer in each practice area in each community annually is honored as a “Lawyer of the Year.” **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [Learn more about the selection methodology for inclusion in this publication.](https://www.bestlawyers.com/methodology) Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Best Lawyers® in America 2025 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/local-attorneys-recognized-in-2025-best-lawyers-in-america ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/local-attorneys-recognized-in-2025-best-lawyers-in-america) #Local Attorneys Recognized in 2025 Best Lawyers® in America **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in The Best Lawyers in America® 2025 in their respective practice areas: - **[Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains): **Real Estate Law and Litigation- Real Estate - **[John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce): **Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Businesses Law; Corporate Law - **[H. Joseph Cohen](https://www.barrettlaw.com/our-people/h-joseph-cohen): **Employment Law- Management; Health Care Law; Labor Law - Management - **[Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris):** Arbitration and Commercial Litigation - **[Richard E. Fox](https://www.barrettlaw.com/our-people/richard-e-fox): **Banking and Finance Law; Commercial Finance Law; Corporate Law - [Marcus A. Heminger](https://www.barrettlaw.com/our-people/marcus-a-heminger): Securities/Capital Markets Law; Securitization and Structured Finance Law - **[Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice): **Litigation – Insurance - [Robert T. Keen: ](https://www.barrettlaw.com/our-people/robert-t-keen-jr)Bet-the-Company Litigation; Civil Rights Law; Commercial Litigation; Litigation – Labor & Employment; Litigation – Municipal; Personal Injury Litigation – Defendants - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough):** Litigation – Insurance; Employment Law-Management - [Michael H. Michmerhuizen](https://www.barrettlaw.com/our-people/michael-h-michmerhuizen)- Appellate Practice; Commercial Litigation, Litigation-Insurance - **[Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy): **Litigation – Insurance - **[Joshua C. Neal](https://www.barrettlaw.com/our-people/joshua-c-neal):** Land Use and Zoning Law; Real Estate Law - **[Thomas M. Niezer](https://www.barrettlaw.com/our-people/thomas-m-niezer): **Real Estate Law - **[James J. O’Connor](https://www.barrettlaw.com/our-people/james-j-oconnor): **Employment Law- Management; Labor Law – Management - **[Michael P. O’Hara](https://www.barrettlaw.com/our-people/michael-p-ohara):** Banking and Finance Law; Corporate Law - **[Trisha J. Paul:](https://www.barrettlaw.com/our-people/trisha-j-paul) **Trusts and Estates - [William A. Ramsey: ](https://www.barrettlaw.com/our-people/william-a-ramsey)Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants - [Cathleen M. Shrader: ](https://www.barrettlaw.com/our-people/cathleen-m-shrader)Appellate Practice; Commercial Litigation - [David R. Steiner:](https://www.barrettlaw.com/our-people/david-r-steiner) Corporate Law; Environmental Law; Real Estate - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites): **Employment Law – Management; Labor Law – Management; Labor Law – Union; Litigation – Labor and Employment - **[Emily S. Szaferski](https://www.barrettlaw.com/our-people/emily-s-szaferski): **Family Law - **[Samuel J. Talarico, Jr.:](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr) **Corporate Law; Mergers and Acquisitions Law; Securities/Capital Markets Law - **[Philip A. Wagler:](https://www.barrettlaw.com/our-people/philip-a-wagler) **Trusts and Estates - **[Jeffrey M. Woenker](https://www.barrettlaw.com/our-people/jeffrey-m-woenker): **Business Organizations (Including LLCs and Partnerships); Corporate Law; Tax Law **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. [Learn more about the selection methodology for inclusion in this publication.](https://www.bestlawyers.com/methodology) Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # The 2025 Best Lawyers in America: Ones to Watch | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/the-2025-best-lawyers-in-america-ones-to-watch ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/the-2025-best-lawyers-in-america-ones-to-watch) #The 2025 Best Lawyers in America: Ones to Watch **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The 2025 Best Lawyers in America®**: **Ones to Watch** in their respective practice areas: - **[Thomas E. Ludwiski](https://www.barrettlaw.com/our-people/thomas-e-ludwiski): **Corporate Law; Tax Law; Mergers & Acquisitions; Business Organizations (including LLCs and Partnerships) - **[Justin T. Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris): **Business Organizations (including LLCs and Partnerships); Corporate Law; Mergers & Acquisitions Law: Privacy and Data Security Law; Securities/Capital Markets Law - **[David C. Pricer](https://www.barrettlaw.com/our-people/david-c-pricer): **Appellate Practice - **[Carta H. Robison](https://www.barrettlaw.com/our-people/carta-h-robison): **Litigation **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. [Learn more about the selection methodology for inclusion in the publication](https://www.bestlawyers.com/methodology). Tagged Attorneys [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [David C. Pricer](https:///our-people/david-c-pricer)| [Carta H. Robison](https:///our-people/carta-h-robison)| # Pricer Joins United Way Board | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/pricer-joins-united-way-board ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/pricer-joins-united-way-board) #Pricer Joins United Way Board [![](https:///Data/Accounts/Files/1/3b5b0181c236a54a88ae5b2cb526906e-DavidPricer2023Cropped.jpg)](https://www.barrettlaw.com/our-people/david-c-pricer) **Barrett McNagny LLP** is pleased to announce that [David C. Pricer](https://www.barrettlaw.com/our-people/david-c-pricer) has been elected to a three-year term on the United Way of Allen County Board of Directors. Mr. Pricer concentrates his practice in litigation, handling commercial litigation, premises liability, professional liability, and general liability claims. He also assists with handling appeals and legal research and analysis, and is a member of the Allen County, Indiana State, and American Bar Associations. Tagged Attorneys [David C. Pricer](https:///our-people/david-c-pricer)| # Court Issues Limited Stay On Non-Compete Rule | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/the-district-court-issues-limited-stay-on-ftcs-non-compete-rule ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/the-district-court-issues-limited-stay-on-ftcs-non-compete-rule) #The District Court Issues Limited Stay On FTC’s Non-Compete Rule On July 3, 2024, in Ryan LLC, et al v. Federal Trade Commission, the United States District Court for the Northern District of Texas issued an Order enjoining the Federal Trade Commission’s (“FTC”) Rule banning non-competes (hereinafter “Non-Compete Rule”), but only as to the named Plaintiffs. In its lengthy Opinion, the Court examined the legislative history of the Federal Trade Commission Act and concluded that Congress did not empower the FTC to exercise substantive rulemaking. Therefore, the FTC exceeded the scope of its authority by issuing the Non-Compete Rule. Additionally, the Court found that the Non-Compete Rule was “arbitrary and capricious” because it would “impose such a sweeping prohibition” on non-competes instead of targeting only “specific, harmful non-competes.” In other words, the Non-Compete Rule, as written, is overly broad. Finally, the Court contemplated a nationwide injunction but noted that the Plaintiffs did not brief arguments for (or against) a nationwide injunction or stay. As such, the Court concluded that an order putting the Non-Compete Rule on hold, but only as to the Plaintiffs, was appropriate. The Court intends to issue a final dispositive order no later than August 30, 2024. **In the meantime, employers should be prepared to make certain changes to its restrictive covenants agreements by September 4, 2024, the date on which the Non-Compete Rule becomes effective.** Please feel free to contact a member of the [Labor & Employment ](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law)section listed below with additional questions. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Fitzharris Appointed to Merit Selection Panel | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/fitzharris-appointed-to-merit-selection-panel ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/fitzharris-appointed-to-merit-selection-panel) #Fitzharris Appointed to Merit Selection Panel [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) has been elected to serve on the Merit Selection Panel for the United States District Court Northern District of Indiana. The Panel is responsible for reviewing applicants for the United States Magistrate Judges for the Northern District of Indiana with the anticipated vacancy created by the retirement of U.S. Magistrate Judge Susan L. Collins. The panel consisting of 8 attorneys and 2 non-attorneys will submit to the Court five applicants whom the Panel finds most qualified to serve the Northern District of Indiana as a United States Magistrate Judge. **Mr. Fitzharris**, a partner, is a registered civil mediator, and a member of The National Academy of Distinguished Neutrals, an association whose members are thoroughly vetted and found to meet stringent practice standards. He concentrates his litigation practice in the areas of alternative dispute resolution and commercial litigation, focusing most of his time on serving as a mediator to help individuals and entities resolve their disputes before filing suit or before trial. With over thirty years of litigation experience, Kevin has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. **Mr. Fitzharris** is a highly skilled mediator having mediated thousands of cases and is listed in the Best Lawyers in America and the Indiana Super Lawyers publications. He is a member of the Indiana Supreme Court’s Committee on Character and Fitness, the Defense Trial Counsel of Indiana, the Defense Research Institute, the American Bar Association, the Judicial Nominating Committee of Allen County and the Allen County Bar Association where he is the co-chair of the Alternative Dispute Resolution Section. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| # New Laws to Take Effect July 1, 2024 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/2024-legislative-update-new-laws-to-take-effect-july-1 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/2024-legislative-update-new-laws-to-take-effect-july-1) #​2024 Legislative Update: New Laws to Take Effect July 1 The 2024 legislative session officially closed on March 8, 2024, with Senate Pro-Tem, Rodric Bray, declaring “sine die” around 9:30 in the evening. A total of 172 bills were passed by both chambers and signed by Governor Holcomb. Key priorities included education and protecting Hoosier health. Below is a summary of some of the bills from the 2024 legislative session, most of which are set to take effect July 1. ##Education HEA 1002, authored by Rep. Chris Jeter, provides that it is the policy of the State to provide equal, nonsegregated, and non-discriminatory educational opportunities without regard to religion, among other previously identified characteristics. This bill also defines "antisemitism" and specifies that antisemitism constitutes discrimination on the basis of race, creed, religion, or national origin. SEA 1 is targeted at improving reading proficiency in the State of Indiana. This bill requires schools to retain or hold back students who do not demonstrate reading proficiency by 3rd grade. It also requires schools to offer summer school courses to support students who are, or who are at risk, of not being reading proficient at certain grade levels. [SEA](https://iga.in.gov/legislative/2024/bills/senate/202/details)202 is perhaps the most controversial education bill that came out of the 2024 session. This bill prohibits colleges from offering tenure to, or promoting, faculty who have failed to foster a culture of free expression, who are unlikely to expose students to a variety of political or ideological frameworks, or who have exposed students to ideological viewpoints unrelated to the faculty member’s discipline. The bill also requires colleges to promote both intellectual diversity and cultural diversity in thier diversity policies and programming. According to the bill’s author, Sen. Spencer Deery, the bill is intended to help conservative students feel more comfortable on university campuses. Sen. Deery cited Indiana’s declining college attendance rate as evidence that many students do not currently feel comfortable on university campuses. The ACLU has filed a lawsuit in an attempt to block this bill from taking effect. ##Health Care HEA 1070 expands the availability of grants for mental health services by allowing the division of mental health and addiction to award mental health grants to for-profit community mental health organizations if a nonprofit organization does not qualify for the grant. SEA 9, a bill aimed at combating Indiana’s rising health care costs, requires health care entities involved in a merger or acquisition with another health care entity with combined assets of at least $10,000,000 to notify the office of the Attorney General at least 90 days prior to the transaction. The purpose of the notice requirement is to give the Attorney General a chance to analyze potential antitrust concerns and to issue a civil investigative demand for additional information if warranted. HEA 1058 focuses on breast cancer screening and requires a facility performing a mammogram to provide an assessment of the patient's breast tissue density using specified classifications and to provide written notice to the patient and the referring provider concerning the patient’s breast tissue density classification. ##Banking HEA 1284 provides that a deposit account agreement between a depository financial institution and a customer may be changed or amended from time to time, subject to the terms of the deposit account agreement. This bill makes it easier for financial institutions to update their terms and conditions. The customer’s continued use of the deposit account after the effective date of the change or amendment to the deposit account agreement is prima facie evidence of the customer’s acceptance of the change or amendment. SEA 188 reduces the statute of limitations to file legal complaints related to deposit accounts. As of July 1, the statute of limitations for such causes of action will be reduced from 6 years to 2 years. ##Real Estate HEA 1068 requires definitive expiration dates for real estate listing agreements and buyer agency agreements. This bill also prohibits unlicensed real estate solicitors from making solicitations to purchase a residential, single-family home without making certain required disclosures. Under HEA 1183, certain individuals and businesses will no longer be able to purchase, lease, or acquire agricultural property in Indiana or property in Indiana that is located within a 10 mile radius of a military facility effective July 1, 2024. Those affected by the bill are individuals who are citizens of a foreign adversary (as defined in 15 CFR 7.5) and businesses headquartered in a foreign adversary or the majority ownership interest of which is held or controlled by citizens of a foreign adversary. Any property acquired by such individuals is subject to divestiture. ##Development Under HB 1108, municipalities cannot prevent development projects on sites having a slope of less than 25%, except when the site is located within a watershed area of a reservoir that is a source of a municipality's drinking water. Although the bill states that municipalities may not prevent the development on a site with less than 25% slope, the bill’s author and supporters seemed to concede that the bill would not prohibit municipalities from requiring significant engineering and erosion control measures that could come at a large expense. HB 1383 was the first bill signed by Governor Holcomb during the 2024 legislative session. It follows changes to Indiana’s classification system for wetlands, which was significantly revised in 2021 by SEA 389. Under HB 1383¸certain types of wetlands formerly classified as Class III wetlands (and therefore subject to the greatest level of protection), will now be classified as Class II wetlands. Despite generating widespread opposition from environmental groups, the bill was supported by IDEM. ##Utilities SEA 5, authored by Sen. Eric Koch, is perhaps one of the most significant utility bills adopted by the Indiana General Assembly in the past 5 years. The bill follows the EPA’s 2021 revisions to the Lead and Copper Rule and the Biden-Harris Lead Pipe and Paint Action Plan to eliminate 100% of lead service lines in America. SEA 5 requires owners of property served by lead service lines to replace or cause to be replaced the customer-owned portion of the lead service line by either enrolling in a local utility’s lead service line replacement program or replacing the lead service line using a contractor of the owner’s choice. If a utility has adopted a lead service line replacement program, the bill provides certain enforcement levers such as the ability to disconnect a customer’s water service for failing to make a required lead service line replacement. This bill took effect when it was signed by the Governor on March 11, 2024. HEA 1352 limits the reasons for which a local health department or unit may inspect a septic system. The bill also allows a nonresidential septic system to be installed on a lot if there is at least one suitable location on the lot where the system can be placed. This builds on legislation from 2023 that applied to residential septic systems. Previously, many local health departments would require two suitable locations so there is a backup location for a replacement system if the initial septic system fails. That will no longer be required for residential or nonresidential septic systems going forward. ##Employment HEA 1093 modifies certain restrictions on the employment of minors. Specifically, the bill provides exemptions from certain hour and time restrictions for the employment of a minor between the ages of 14 and 16 and allows minors between the ages of 14 and 16 to work past 7 p.m. from June 1 to Labor Day. The bill also repeals provisions concerning hour and time restrictions for the employment of a minor who is at least 16 years of age and less than 18 years of age and removes the prohibition on a minor from working in a hazardous occupation if the minor is between the ages of 16 and 18 and employed in agriculture. Finally, the bill repeals a provision concerning restrictions on an employer who employs a minor to work after 10 p.m. and before 6 a.m. Most of the changes outlined in this bill will take effect July 1, 2025. ##Family Law HB 1369 provides that ensuring the child's safety shall be the most important consideration in the determination of a child's best interests under family and juvenile law. The bill also provides that there is a rebuttable presumption that a child is a child in need of services if it is established that the child lives in the same household as an adult who was involved in a child fatality or near fatality that involved abuse, abandonment, or neglect. This bill took effect upon the Governor’s signature on March 11, 2024. ##Estate Planning HEA 1034 automatically extends property and casualty insurance coverage on property transferred by a transfer on death instrument after December 31, 2024. The insurance will remain in effect for a period of sixty (60) days after the owner’s death unless the transferee procures his or her own insurance prior to the conclusion of such 60-day period. HEA 1034 also addresses responsibility for property taxes on property transferred by a transfer on death deed and states that, until the beneficiary notifies the county of the transfer by affidavit, the transfer on death beneficiary or beneficiaries named in the transfer on death deed and the estate of the deceased owner are jointly and severally liable for property taxes assessed with respect to the real property for assessment years beginning with the assessment year in which the owner's death occurs. HEA 1209 extends the rule regarding how long trusts may last from 90 years to 360 years. Specifically, under the new law, a nonvested interest in the trust must vest within 360 years of the creation of the trust unless the terms of the trust expressly provide a shorter vesting period. The new rule applies to all trusts created after July 1, 2024, and trusts created prior to July 1, 2024, if the following conditions are satisfied: (a) the trust is governed by IC 32-17-8-3 (without regard to the specific vesting period), and (b) the trustee has the full and unrestricted power to alienate trust property. SEA 18 was the product of the probate Code Study Commission and accomplished several changes regarding probate matters. Highlights include creating a procedure to transfer the interest of certain single-member limited liability companies to a legatee or heir of the member upon the member's death, revoking by operation of law certain provisions in a will or revocable trust in favor of the testator's or trust settlor's former spouse upon dissolution or annulment of the marriage, and providing that a personal representative or a trustee is not required to distribute particular assets based upon the potential gain or loss that a distributee would realize if the assets were sold. Barrett McNagny LLP is a full-service law firm with a dedicated team that can help you navigate the impacts of any new laws on you or your business. If you have any questions about the 2024 legislative session and what these laws mean for you, please [contact one of our professionals today](https://www.barrettlaw.com/our-people). # What is Succession Planning? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/what-is-succession-planning ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/what-is-succession-planning) #What is Succession Planning? Succession planning is a structured approach for businesses to identify and retain new leaders who can replace old ones when they retire or die. The purpose is to help maintain continuity, avoid disruption in operations, and, for small businesses, to preserve the businesses value well after the founder is no longer active. It acts as a safety net, preparing candidates for planned or emergency replacements due to retirement, new opportunities, and unforeseen events such as death. ##The Steps of Succession Planning There are six key steps in succession planning: 1. **Identify Key Positions**: The process begins by identifying critical roles with an organization such as top executives, department heads, and/or other key personnel with a consideration to both short-term and long-term needs. For small business, this could also mean identifying a successor owner. 1. **Assess Current Talent**: Once key positions are identified, existing employee evaluations should take place to determine their potential for leadership roles, looking beyond technical skills and considering qualities such as adaptability, communication, and strategic thinking. The goal is to create a talent pool of potential successors. 1. **Develop Succession Plans**: For each identified position, create a customized plan by outlining the specific steps needed to prepare a potential successor by defining development activities, training programs, and mentoring opportunities. 1. **Provide Training and Development Opportunities**: Invest in the growth of your identified successors by offering training and encouraging cross-functional experiences to broaden skill sets. 1. **Monitor Progress and Communicate Transparently**: Regularly review the progress of potential successors and adjust as needed, keeping employees informed about succession planning efforts. 1. **Execute Transition**: When a leadership vacancy occurs, smoothly transition to the identified successor and provide the necessary support during the transition process. There are many succession planning tools available to help organizations identify and prepare internal talent for leadership roles. Often, payroll and human resource companies offer performance, compensation, and learning management resources within a Human Capital Management (HCM) system. Such systems help to align talent development with business goals. For small businesses once talent is identified, it may be appropriate to consider transfers of minority equity interests or the development of stock option or phantom stock plans to allow the identified talent to participate in the equity of the company without obtaining meaningful control. Ideally, succession planning should be an ongoing process and not a last-minute scramble. The negative effects for a small business that does not properly plan are numerous and can be crippling, such as alienation of employees who see no clear path for advancement leading talented individuals seeking opportunities elsewhere, reduced loyalty and commitment, lower performance of ill-prepared successors, and risk to business continuity. Done properly, succession planning provides a leadership pipeline and increases employee engagement and retention which leads to not only increasing the overall value of a business, but for small businesses in particular, it can lead to allowing that value to be sustained long after the founder exits the business thereby benefitting the founder’s estate as well. Consulting a business law attorney can help ensure the succession plan is legally sound and aligned with the company's long-term objectives. If this is something your company needs, it’s time to take action. The process might be daunting if you’ve never spent time working through these aspects before, but there are multiple resources available. Work on this one step at a time, and before you know it your team, your culture, and your future will be better off for it. **About the Author:** [Brian J. Downey](https://www.barrettlaw.com/our-people/brian-j-downey) focuses his practice in the area of estate planning, assisting clients with wills and trusts, the reduction of estate taxes. He also assists business owners with entity issues, buy-sell agreements and business succession issues. He can be reached at 260.423.8871 or at [bjd@barrettlaw.com](https://mailto:mailto: bjd@barrettlaw.com). Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Brian J. Downey](https:///our-people/brian-j-downey)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # So, Your Dog Bit Someone… Are You Liable? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/so-your-dog-bit-someone-are-you-liable ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/so-your-dog-bit-someone-are-you-liable) #So, Your Dog Bit Someone… Are You Liable? Man’s best friend can be a great companion. Indeed, we often look to our pets to calm and comfort us in moments of stress. But what happens when our furry friend becomes our source of stress? That is, what happens when our pet bites someone? As a pet owner, are you liable when your dog bites or attacks another? As with many areas of the law, it depends. ##Dangerous Propensities Indiana presumes that all dogs, regardless of breed or size, are harmless. However, this presumption is overcome with evidence of a known vicious or dangerous propensity of the particular breed of dog. When a dog owner does not know of their animal’s dangerous propensities, the owner is bound to know the natural tendencies of the particular class of animal to which the dog belongs. If the propensities of the class to which the dog belongs are the kind that one might reasonably expect would cause injury, the owner must use reasonable care to prevent injuries from occurring. This general rule means a dog owner may not know that his dog has dangerous propensities (such as growling, snarling, or baring teeth); however, if there is evidence that the particular breed of dog has dangerous propensities, the owner may nonetheless be held liable for a bite. This is true even where the owner’s dog has never before attacked or bitten anyone. ##A Dog Owners Duty Importantly, the duty owed by a dog owner is the same regardless of whether the owner is aware of any dangerous propensities; that is, the duty of reasonable care under the circumstances. In determining whether the animal’s owner exercised reasonable care, Indiana courts will consider acts that demonstrate that the dog was securely restrained and confined to prevent the animal from leaving the property absent proper supervised restraint. Such confinements may include a fence (traditional or electric), which the dog cannot climb, dig, jump, or otherwise escape. Restraints may include a leash, chain, cable, or trolley which would sufficiently prevent escape. A dog bite can be an overwhelming situation for all involved. The best course of action is preventative measures to ensure your companion is safely and appropriately restrained. Be mindful of your animal’s tendencies and, should you find yourself in a lawsuit as a result of your furry friend, don’t hesitate to contact the Fort Wayne lawyers at Barrett McNagny for legal assistance. # Final Regulation on Pregnant Workers Fairness Act | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/final-regulation-on-pregnant-workers-fairness-act ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/final-regulation-on-pregnant-workers-fairness-act) #Final Regulation on Pregnant Workers Fairness Act On April 15, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA”). The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The PWFA requires a covered employer to engage in the interactive process with the employee. Leave (paid or unpaid) is permitted as an accommodation only if no other reasonable accommodation exists, or unless the employee asks for leave as an accommodation. The final rules define “known limitation” as one that arises out of pregnancy, childbirth or related medical condition and communicated to the employer (even if the limitation would not be considered a disability under the Americans with Disabilities Act). There is no level of severity required to trigger an employer’s obligation and, therefore, any physical or mental condition related to pregnancy is covered by the PWFA. An employer may request information to confirm the connection between a communicated limitation and the pregnancy, childbirth, or related condition. An employee or applicant may be “qualified” even if they cannot perform the functions of the job with an accommodation, so long as they can “in the near future,” which has been defined as roughly 40 weeks of each limited job function. Employers should be aware that some accommodations may not require documentation. Additionally, the EEOC has interpreted the PWFA to include providing accommodation for or related to abortion and/or fertility treatment. On April 25, 2024, 17 states filed a lawsuit challenging the final rule entitling workers to time off and other accommodations for or related to abortion. Please stay tuned for additional updates. In the meantime, if you have any questions about the PWFA, please contact one of the attorneys below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Department of Labor on Salary Threshold Rule | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-salary-threshold-to-qualify-for-overtime ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-salary-threshold-to-qualify-for-overtime) #Department of Labor Issues Final Rule on Salary Threshold to Qualify for Overtime On April 23, 2024, the U.S. Department of Labor released a final rule that raises the salary threshold to qualify for certain overtime exemptions under the Fair Labor Standards Act. ##**EAP Exemption** The Fair Labor Standards Act (“FLSA”) generally requires an employer to pay an employee time and a half for all hours worked in excess of 40 hours in one work week. Employees who are employed in a bona fide executive, administrative, or professional capacity (“EAP” or “white-collar” exemption) are exempt from minimum wage and overtime protections. To fall within the EAP exemption, an employee must generally meet three tests: 1. Be paid a salary 1. Be paid at least a specified weekly salary level 1. Primarily perform executive, administrative, or professional duties, as provided in the DOL’s regulations The DOL’s final overtime rule increases the standard salary level for white collar exempt employees in two stages: - On July 1, 2024, the standard level will increase from $684 to $844 per week ($43,888 annually). - On January 1, 2025, the standard level will increase to $1,128 per week ($58,656 annually). ##**HCE Exemption** Employees who are paid a salary, earn above a higher total annual compensation level, and satisfy a minimal duties test fall within the exemption for highly compensated employees (“HCE”). The final rules also increases the annual total compensation for the HCE exemption from $107,432 to $151,164 in two stages: - On July 1, 2024, the HCE level will increase from $107,432 to $132,964 per year. - On January 1, 2025, the HCE level will increase to $151,164 per year. The final rule includes a mechanism for automatically updating these salary and compensation levels every three years based on then-current earnings data. The first automatic update will occur on July 1, 2027. The final rule does not change the current rule which allows employers to use non-discretionary bonuses and incentive payments (including commissions) to satisfy up to 10% of the standard for special salary levels for the exemptions. Although the final rule will likely face legal challenges, employers should consider adjusting compensation structures for exempt employees earning more than $35,564 per year but less than the new EAP exemption minimum of $58,656 per year. Additionally, employers may need to consider reclassifying employees who do not meet the new minimum salary thresholds in light of evolving employment law requirements. If you have any additional questions on the Department of Labor’s final rule, please contact one of the individuals below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # FTC Issues Ruling on Banning Non-Competes | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/ftc-issues-ruling-on-banning-non-competes ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/ftc-issues-ruling-on-banning-non-competes) #FTC Issues Ruling on Banning Non-Competes On April 23, 2024, the Federal Trade Commission (“FTC”) approved a final rule banning most non-compete clauses. The FTC had previously issued a proposed rule in January 2023. Under the FTC’s final rule, after the effective date, employers are banned from entering into or attempting to enforce any new non-competes. Existing non-competes for workers will no longer be enforceable after the final rule’s effective date. However, existing non-competes for senior executives can remain in force under the FTC’s final rule. The final rule defines senior executives as workers earning more than $151,164.00 annually and who are in policy-making positions. Employers will be required to provide notice to workers other than senior executives who are bound by existing non-competes that they will not be enforcing any non-competes against them. The final rule will become effective 120 days after publication in the Federal Register. The final rule defines “non-compete clause” as a term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from: - Seeking or accepting work in the United States with a different person where such work would begin after the conclusion of employment - Operating a business in the United States after the conclusion of the employment. The final rule does not apply to non-compete clauses entered into by a person under a bona fide sale of a business entity. According to the FTC, the final rule will promote competition by banning non-competes nationwide, protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation. If you have any questions in regards to the FTC’s final rule banning non-competes or alternatives to non-competes, such as non-solicitation or confidentiality clauses, that employers may still use to protect their investments please contact a member of the [Labor and Employment Law](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) Section listed below. As always, the employment law attorneys at Barrett McNagny will keep you updated on any developments, including the exact effective date as well as any delays in the enforceability of the final rule. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Murphy Receives Award | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/murphy-receives-award ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/murphy-receives-award) #Murphy Receives Award Congratulations to [Pat Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy) for receiving the Tony Laux Volunteer of the Year award from Purdue Fort Wayne's Athletic program! A former basketball player when the school was under the name IPFW, Pat volunteers his time as a mentor for the men's basketball program and a member of the Mastodon Athletic Advisory Board and is a co-director of Dons for Fort Wayne. Below is a video from the awards ceremony. [This is a link to the original iframe source: https://player.vimeo.com/video/937814089?badge=0&autopause=0&player_id=0&app_id=58479](https://player.vimeo.com/video/937814089?badge=0&autopause=0&player_id=0&app_id=58479) # Barrett Attorneys listed in 2024 Super Lawyers | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/firm-recognizes-attorneys-listed-in-2024-super-lawyers-publication ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/firm-recognizes-attorneys-listed-in-2024-super-lawyers-publication) #Firm Recognizes Attorneys Listed in 2024 Super Lawyers Publication **Local Firm Attorneys Recognized in Indiana Super Lawyers Publication** **** The Fort Wayne law firm of **Barrett McNagny ****LLP** is proud to announce its listing in Indiana Super Lawyers for 2024.The following attorneys were selected for inclusion in their respective practice areas: [H. Joseph Cohen](https://www.barrettlaw.com/our-people/h-joseph-cohen)** – **Employment & Labor [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)**– **Alternative Dispute Resolution [Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice)** –** Medical Malpractice Defense [Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr)** – **Business Litigation [Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough)**– **Employment & Labor [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey)** –** Business Litigation [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites)** – **Employment & Labor Super Lawyers is a Thomson Reuters business, and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Lauren K. Fields](https:///our-staff/lauren-k-fields)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # The Top Ten Most Common Frustrations of Mediation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/the-top-ten-most-common-frustrations-of-mediation ##[Blog](https:///blog) [Back to Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/the-top-ten-most-common-frustrations-of-mediation) #The Top Ten Most Common Frustrations of Mediation For most litigants, mediation has become their day in court. It’s a big deal! This article explores the top ten most common frustrations associated with mediation and tips on how to avoid them. ** ** ** ** ##1. “We are not scheduling mediation until x happens!” At times, a plaintiff may be hesitant to schedule mediation in a personal injury action until treatment is completed, or in a commercial case until the damages are fully ascertained. The defendant may not want to schedule mediation until a plaintiff produces particular documents or responds to certain discovery requests. Communication is key. Sometimes things get lost in translation with e-mails flying back and forth. Last I checked, phones still work. Picking up the phone and talking with the other side will help both sides communicate clearly regarding what is needed to properly prepare for mediation and when would be the best time for mediation to be set. ##2. “We need to reschedule and they won’t agree!” At times, after mediation has been set, it needs to be rescheduled because one party is still waiting on some important information in preparation for mediation or, conversely, the other side has just received important information and needs time to review it. The rule of thumb for most mediators is once a mediation date is set, the mediation will not be rescheduled unless both parties agree. When one party wants to reschedule mediation but the other side objects, sometimes a ruling from the Court is necessary to determine whether the mediation will proceed forward or not. ##3. “They need to be there in person!” Pre-pandemic, the rebuttable presumption was all parties must attend mediation in person. Post-pandemic, the rebuttable presumption has changed with parties now being allowed to participate remotely. Moving forward, if you want to have a party there in person, a ruling from the Court ordering the same will likely be necessary. ##4. “We demand an opening session!” Opening sessions during a mediation have fallen by the wayside. All too often, something said during an opening session offends one of the parties and the mediator ends up spending a lot of time trying to put toothpaste back in the tube. However, there are still occasions where opening sessions can be very effective. If you would like to have an opening session during mediation, please let the opposing party and the mediator know. Nobody likes to be picked off first base. ##5. “That’s an outrageous demand/offer - we can play that game too!” Sometimes a party will start with an offer so high or a demand so low that it offends the other side leading to a natural “what’s good for the goose is good for the gander” mentality. Resist the temptation! Take the high road. Don’t stoop to their level. You likely have evaluated the case fairly and you and your client have a game plan coming into mediation about the moves you will make. Stick to the plan. It will become obvious during the mediation session who is being more reasonable, which will serve you well in getting the case resolved within the range in which your client would like to settle the case. ##6. “Tell them to stick it where the sun don’t shine - we’re leaving!” If emotional decisions are made during a mediation session, the case does not have a very good chance of settling. On the other hand, as long as the parties focus on making a good, sound business decision during the course of a mediation, the case has a very good chance of being settled. Preparing your client with a reasonable settlement range going into mediation will help you and your client avoid making an emotional decision during the mediation process. This range is what most mediators call the “box of reason.” Preparing yourself and your client to seriously consider a number that falls within the box of reason will help you and your client keep level-headed and avoid emotional responses during a mediation session. ##7. “We will sign, but only under these conditions!” Often when a mediation is coming down the home stretch, one of the parties will interject certain conditions that must be incorporated into a mediation settlement agreement. Some of these conditions include but are not limited to, indemnification/hold harmless provisions, final demand letters from Medicare, multi-party checks, confidentiality, non-disparagement, etc. Sometimes waiting to interject these special conditions has the potential to derail a mediation. As you prepare for a mediation, please mention any such special conditions in your pre-mediation confidential submission to the mediator. Then at the mediation itself, please remind the mediator of these special conditions at the outset so there are no surprises at the end that could derail the mediation. As the old Holiday Inn commercial goes, “Sometimes the best surprise is no surprise.” ##8. “We’re backing out of the signed deal!” No, you are not! Unless your client (or you) want to pay the other side’s attorney fees and court costs, a deal is a deal. Once the mediation settlement agreement has been signed, sealed, and delivered, it is very difficult to back out of it. You typically have to prove fraud, which is very difficult to do. If for some reason your client decides to try to back out of a mediation settlement agreement and cannot be persuaded otherwise, you should make it clear to your client that there is a very good chance the Court will order your client to pay for the other participants’ attorney fees and costs. ##9. “But I am trying to get my client to pay your bill!” In the eyes of most mediators, the attorney is seen as the mediator’s client, not the actual plaintiff or defendant. If you have concerns about your client paying the client’s fair share of the mediation bill (the costs of mediation are typically divided equally between the parties), then make sure you get the money from your client upfront and send it to the mediator’s office or hold it in your trust account as a retainer. Mediators work very hard at settling cases and they deserve to be compensated for their time. Don’t allow the mediator to get stiffed by your client. You want to keep the mediator on your good side and avoid becoming “one of those lawyers.” Once the mediation bill is sent, pay it, and if you need to chase your client later for the money or write the expense off, this “cost of doing business” should be borne by you and not the mediator. Keeping the mediators in your life happy will serve you well. ##10. “I am never using that mediator again!” And perhaps you shouldn’t. If you have had several bad experiences with a particular mediator, perhaps it is time for you to move on and try a different mediator. But don’t allow one bad mediation to sour you on a particular mediator. Everybody has a bad. Talk to the mediator and please let him or her know what could be done differently next time. If a case doesn’t settle, mediators often go to bed that night thinking about what could have been done differently to settle the case. Your insight is welcomed. And remember, it is a lot easier to carry around grace than it is to carry around a grudge. **About the Author:** [Kevin Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) is a registered civil mediator who has mediated thousands of cases. He is a member of The National Academy of Distinguished Neutrals, and has spoken at local, state and national conferences on the topic of mediation and other alternative dispute resolution methods. He can be reached at [kkf@barrettlaw.com](https://mailto:mailto:kkf@barrettlaw.com) or 260.423.8874. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| # Szaferski is a Certified Family Law Specialist | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law/szaferski-is-a-certified-family-law-specialist ##[Blog](https:///blog) [Back to Family Law](https:///blog/family-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/family-law/szaferski-is-a-certified-family-law-specialist) #Szaferski is a Certified Family Law Specialist Barrett McNagny is proud to announce that family law attorney [Emily S. Szaferski ](https://www.barrettlaw.com/our-people/emily-s-szaferski)has completed the Family Law Certification program and is now a Certified Family Law Specialist. The program is administered by the Indiana State Bar Association Family Law Certification Board where applicants must demonstrate basic proficiency and extraordinary knowledge and skill in the family law area. To be named a specialist, Emily met all the application criteria, including experience level, education, and evaluation requirements, and she successfully passed the Family Law Certification Exam. **Ms. Szaferski**, a partner, has been practicing in the area of family law for over two decades. She has assisted hundreds of clients through dissolutions, adoptions, guardianships and paternity matters. She has been selected for inclusion in the Best Lawyers in America publication in the area of family law since 2021 and is the Chair of the Family Law Section’s Executive Committee for the Allen County Bar Association. She is active with the local chapter of the Leukemia and Lymphoma Society where she was one of three “Women of the Year’ in 2013 and was recognized by the national program as an All-Star for the 2020 Man and Women of the Year. **Ms. Szaferki** received her J.D. from the Indiana University Robert H. McKinney School of Law and graduated from the University of Saint Francis with a B.S. in Accounting and a B.A. in Business Administration. Tagged Attorneys [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| # Changes to Indiana Child Support Guidelines | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law/changes-to-indiana-child-support-guidelines ##[Blog](https:///blog) [Back to Family Law](https:///blog/family-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/family-law/changes-to-indiana-child-support-guidelines) #Changes to Indiana Child Support Guidelines Whether a parent is establishing paternity, getting divorced, or dealing with post-dissolution matters, they want to know how much they will have to pay or how much they will receive in child support. Understandably, parents want to know that information, and parents need to be aware of some major changes to the Indiana Child Support Guidelines (“Guidelines”) which became effective on January 1, 2024. ## How Much Will I Have to Pay in Child Support? The Indiana Child Support Guideline changes are as follows: ###Removal of the 6% Rule The Guidelines no longer implement the 6% rule for uninsured health care expenses. The rule was outdated, and it required extensive record-keeping by the parents. Now, parents will share responsibility for uninsured healthcare expenses in proportion to their income shares unless otherwise agreed upon. ###Calculating Parenting Time Credit for Varying Overnights The Guidelines also introduced a new method for calculating the parenting time credit when one parent spends a different number of overnights with their children. This change recognizes that families have their own unique parenting time arrangements that work for their specific situation, which need to be considered for child support purposes. ###Revisions to Weekly Support Schedules The economic models for the Guidelines have been updated to be consistent with current income models, the cost of living, and current child-rearing costs. The new estimates in the schedules have led to increased child support obligations for parents across all income levels, except for those at the lowest income levels. ##Additional Clarifications In addition to the foregoing changes, there are other clarifications and explanations in the updated Guidelines, which include the following; ###Submission of Child Support Obligation Worksheet and Deviations by Agreement The Guidelines make it clear that a Child Support Obligation Worksheet (“Worksheet”) must be provided, and any deviation from the Worksheet’s rebuttably presumed obligation amount must be explained, regardless of whether the parents agreed to the deviation. ###Birthing Expenses The Guidelines also clarify that upon the establishment of paternity, a court will (not may) order the father to pay at least 50% of the reasonable expenses of the mother’s pregnancy and childbirth. Those expenses now include both postpartum and postnatal expenses. Overall, the changes made represent modern families and the economic circumstances faced by families and co-parents. The hope is that the changes, as well as the explanations and clarifications, will help simplify the process of establishing child support for Indiana parents. If you have questions about the changes to the Guidelines please contact a member of [Barrett McNagny’s family law team. ](https://www.barrettlaw.com/practice-areas/family-and-domestic-law) Tagged Attorneys [Maria A. Mirande](https:///our-people/maria-a-mirande)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| # In Memoriam N. Thomas Horton | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/in-memoriam-n-thomas-horton ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/in-memoriam-n-thomas-horton) #In Memoriam N. Thomas Horton [![](https:///Data/Accounts/Files/1/3a6434340a467acf88751ab6b50bd468-NTHMemorium-min.jpg)](https://www.dignitymemorial.com/obituaries/fort-wayne-in/nathan-horton-11622881) It is with great sadness that we announce that our friend and colleague [N. Thomas Horton](https://www.dignitymemorial.com/obituaries/fort-wayne-in/nathan-horton-11622881) has passed away. Tom worked for over fifty years at Barrett McNagny in the area of employee benefits. Tom was revered for his knowledge in this area of law, working for clients nationwide. Tom was listed for over thirty years in the Best Lawyers in America publications and selected by the Indiana Super Lawyers publication numerous times. When not practicing law, Tom was an active with Cancer Services of Northeast Indiana where he received the Champion of Hope award in 2020. He loved spending time with his wife, Lynda, his children and grandchildren, playing golf, and loved watching and supporting the University of Michigan football team. He will be greatly missed by his friends, colleagues, friends and the entire legal community. # Molitoris and Ludwiski Elected Partners | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/molitoris-and-ludwiski-elected-partners ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/molitoris-and-ludwiski-elected-partners) #Molitoris and Ludwiski Elected Partners **Barrett McNagny LLP** is pleased to announce that [Justin T. Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris)** **and [Thomas E. Ludwiski](https://www.barrettlaw.com/our-people/thomas-e-ludwiski)** **were elected Partners effective January 1, 2024. ![](https:///Data/Accounts/Files/1/5db6a9c02a77a0f9824590b028ebc2fc-BannerforJTMTELPartners-min.jpg) **Mr. Molitoris **concentrates his practice in the areas of mergers and acquisitions, data privacy and cybersecurity as part of the firm’s transaction team. He is a Certified Information Privacy Professional (United States) by the International Association of Privacy Professionals, advising on the impact of privacy laws in their day-to-day operations. **Mr. Molitoris** has been selected for inclusion in the 2023 and 2024 Best Lawyers® in America: Ones to Watch in the areas of Business Organizations (including LLCs and Partnerships), Corporate Law, Mergers & Acquisitions Law, Privacy and Data Security Law and Securities/Capital Markets Law. He serves as the vice president for the Fort Wayne Civic Theatre Board of Directors and received his undergraduate degree from Pennsylvania State University, and his J.D., cum laude, from Indiana University Maurer School of Law, Bloomington. He is licensed to practice before the state courts of Indiana and Ohio, and the U.S. District Courts for the Northern and Southern Districts of Indiana. **Mr. Ludwiski **concentrates his practice in the areas of mergers and acquisitions and complex investment structuring as part of the firm’s transaction team. He assists clients with tax structuring, recapitalization transactions and complex financing arrangements. He is a Certified Public Accountant (inactive) and spent several years at a public accounting firm before joining Barrett McNagny. **Mr. Ludwiski** has been selected for inclusion since 2021 in the Best Lawyers® in America: Ones to Watch in the areas of corporate and tax law, business organizations and mergers & acquisitions. He is the treasurer of the Downtown Improvement District of Fort Wayne Board of Directors and received his undergraduate degree from the Kelley School of Business at Indiana University, and his J.D. from the Indiana University Robert H. McKinney School of Law. He is admitted to practice before the Indiana state courts. Tagged Attorneys [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| # Kimbrough Chair of 2024 Executive Committee | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/kimbrough-chair-of-2024-executive-committee ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/kimbrough-chair-of-2024-executive-committee) #Kimbrough Chair of 2024 Executive Committee **Barrett McNagny LLP** is pleased to announce [Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) has been elected to serve as Chair of the firm’s Executive Committee for 2024. Also serving on the firm’s Executive Committee during 2024 will be [Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains)**, **[H. Joseph Cohen](https://www.barrettlaw.com/our-people/h-joseph-cohen)**, **[William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey)** **and [Emily S. Szaferski](https://www.barrettlaw.com/our-people/emily-s-szaferski)**.** Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| # Changes to Illinois Leave Laws | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/changes-to-illinois-leave-laws-effective-january-1-2024 ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/changes-to-illinois-leave-laws-effective-january-1-2024) #Changes to Illinois Leave Laws Effective January 1, 2024 Employers who have employees in Chicago or the state of Illinois will be impacted by new leave laws that take effect on January 1, 2024. ##**Chicago Paid Leave and Paid Sick and Safe Leave Ordinance** Chicago and Cook County currently have paid sick leave laws – a new law governing paid leave for any purpose is forthcoming. Since 2017, Chicago-covered employees may earn and accrue 40 hours of paid sick leave to care for themselves or a family member, if they work at least 80 hours within any 120-day period. In November 2023, the City Council of the City of Chicago passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) which now requires covered employers (employing at least one (1) employee) to provide covered employees (employees working at least two hours of work in a particular two-week period in Chicago) 40 hours of paid sick leave (“Paid Sick Leave”) and an additional 40 hours of paid leave (“Paid Leave”) per year to be used for any purpose beginning January 1, 2024. Accrual of an employee’s Paid Sick Leave and Paid Leave begins on the first calendar day after the commencement of the employee’s employment or January 1, 2024, whichever is later. For every 35 hours worked (reduced from the prior 2017 law requiring 40 hours worked), the employee accrues one hour of paid sick leave. No fractional accruals are permitted. Frontloading is permissible, if an employer chooses to immediately grant covered employees 40 hours of Paid Sick Leave and 40 hours of Paid leave on the first day of employment or the first day of the 12-month accrual period. Employees may use Paid Sick Leave and Paid Leave no later than on the 30th calendar day and 90th calendar day following commencement of the employee’s employment, respectively. The employee is entitled to use no more than 40 hours of each of Paid Sick Leave and Paid Leave per 12-month period, unless the employer sets a higher limit. At the end of the employee’s 12-month accrual period, the employee is permitted to carry over to the following 12-month period up to 16 hours of Paid Leave and 80 hours of Paid Sick Leave. However, if the employer frontloads the required Paid Sick and Paid Leaves, the employer is not required to carry over unused time. While employers are permitted to provide reasonable policies around Paid Leave, an employee may use Paid Leave for any purpose and the employer may not require the employee to provide documentation or certification for the reasons needed to be away from work. “Reasonable policies” include requiring the employee to give no more than 7 days’ reasonable notice and/or require reasonable pre-approval from the employer for purposes of maintaining employer continuity of operations. Employees are permitted to determine how much Paid Leave/Paid Sick Leave the employee needs; provided, however, the employer may set a reasonable minimum increment requirement not to exceed four hours of Paid Leave per day or two hours of Paid Sick Leave per day. Employers are required to post notice of the Ordinance in a conspicuous location at each facility located within the City of Chicago, provide notice of Paid Leave and Paid Sick Leave with the employee’s first paycheck and on an annual basis, and each time wages are paid provide written notification to the employee of the updated amount of Paid Leave and Paid Sick Leave available (the employer may choose a reasonable method for this, e.g. by pay stub or online system accessible to the employee to check this information). This change to the Chicago Ordinance governing Paid Sick Leave and Paid Leave was set to go into effect on January 1, 2024. However, amendments to the law were proposed earlier this month which could delay the effective date of the new law by several months. Notwithstanding any delay in the Ordinance’s implementation date, as currently drafted, the Ordinance offers an unprecedented amount of paid leave for Chicago workers. Employers should ensure they are ready for these changes to take effect and update their written policies and procedures accordingly. Noncompliance with the Ordinance could result in liability for compensatory damages, three times the amount of leave owed or denied, attorney’s fees, costs, interest, and fines ranging from $1,000 to $3,000 for each separate offense. Each day that a violation continues constitutes a separate and distinct offense to which a separate fine will apply. For Paid Sick Leave a private right of action will be available to employees as of January 1, 2024. A private right of action for Paid Leave will not be available to employees until January 1, 2025. ##**Illinois Paid Leave for All Workers Act** In March 2023, Illinois Governor J.B. Pritzker signed Illinois SB 208 into law which mandated that effective January 1, 2024, covered employers must provide covered employees with paid leave up to 40 hours during a 12-month period. The Illinois Paid Leave for All Workers Act (the “Act”) specifically requires all employers that are not in municipalities with pre-existing paid sick leave or paid leave ordinances to provide up to 40 hours of paid leave that can be taken for any reason. Thus, employers who were already complying with local/municipal paid leave requirements, including paid sick leave, that were in effect before the implementation of the Act on January 1, 2024, are exempt from the Act’s requirements. If municipalities adopt or amend their paid leave or sick leave laws after January 1, 2024, employers must comply with those local laws provided the benefits, rights and remedies are equal to or greater than those under the Act. All employees, no matter how much or how little they work, are eligible for paid leave under the Act. Employers may provide leave to employees via an accrual or frontloading method. An employee begins to earn paid leave hours, via frontloading (subject to certain notice requirements) or accrual, at the commencement of the employee’s employment with the employer or on January 1, 2024, whichever is later. If an employer requires employees to earn paid leave hours via accrual, an employee is entitled to accrue paid leave hours at the rate of one hour of paid leave for every 40 hours worked during a 12-month period up to a minimum of 40 hours of paid leave over the same 12-month period. An employer may choose to provide leave in smaller, proportional, increments, if the rate of benefit accrual is at least 1 hour of paid leave for every 40 hours worked. Employees exempt from the overtime requirements of the federal Fair Labor Standards Act are deemed to work 40 hours in each workweek for purposes of paid leave time accrual if that employee regularly works 40 or more hours in a workweek. If such an employee’s regular workweek is less than 40 hours, the employee’s paid leave time accrues based on the number of hours in their regular workweek. When taking leave, employees must be compensated at their regular rate of pay. Employees may carry over any unused paid leave time from one 12-month period to the next; provided, however, the employer may restrict the ability to carry over more than 80 hours of unused paid leave. Employers who meet the frontloading requirements of the Act are not required to carry over unused paid leave for their employees. An employee is entitled to begin using earned paid leave under the Act 90 calendar days after the commencement of employment or 90 days after January 1, 2024, whichever is later. The employer may not require the employee to provide a reason or documentation supporting the need for paid leave. An employee must be allowed to use any other leave benefits provided by the employer or state law before using paid leave earned under the Act. An employer’s handbook or written paid leave policy must be consistent with the provisions of the Act. To the extent an employer imposes terms and conditions on an employee’s use of paid leave beyond the provisions of the Act, the employer must adopt a reasonable, written paid leave policy, made available in English and any additional language commonly spoken by the employer’s workforce. The employer may determine how an employee requests to use paid leave, consistent with the employer’s paid leave policy. Similar to the Chicago Ordinance, the employer may require the employee to request leave no more than 7 days in advance if the leave needed is foreseeable. If the time requested is unforeseeable, the employer may require notice as soon as is practicable. The employer may not deny an employee’s request to use paid leave even if the employee’s request does not meet an employer’s foreseeability requirements, except if the basis for the denial is disclosed to the employee, in writing, and the policy establishes certain limited circumstances in which paid leave may be denied based on the employer’s operational needs. During the duration of the employee’s employment, the employer must provide an accounting of the employee’s unused balance of paid leave time on each paystub or form that the employer normally provides to the employee to notify them of wage payments and deductions from wages. Employers must separate their accounting and records related to paid leave under the Act from other existing and separate leave (e.g. vacation). If the two (or more) leaves offered by the employer are not separated, any unused paid leave time must be paid out upon the employee’s separation of employment to the same extent that vacation time is paid under the Illinois Wage Payment and Collection Act. If the employer does not provide any additional forms of leave or does not combine the multiple forms of leave together, then the employer is not required to pay out unused paid leave under the Act upon the employee’s separation of employment. Noncompliance with the Act also imposes liability upon the employer to both the employee and the State of Illinois. The employee may be entitled to the total value of the earned paid leave hours owed, compensatory damages, a penalty of not less than $500.00, and not more than $1,000.00, and other equitable relief as deemed appropriate following an administrative hearing. In addition, a civil penalty of $2,500.00 per offense will be imposed upon the employer by the Illinois Department of Labor. The Illinois Department of Labor is in the process of preparing guidance and other resources and materials to educate employees and assist employers with compliance. Proposed regulations interpreting the Act and frequently asked questions can be found on the Illinois Department of Labor website but should not be considered a substitute for legal advice. ##**Bereavement Leave Rights - Child Extended Bereavement Leave Act** Two groups of employees will be eligible for unpaid, job-protected bereavement rights beginning January 1, 2024: (1) parents who lose a child to suicide or homicide; and (2) family members who lose a loved one in a crime of violence. The Child Extended Bereavement Leave Act (SB2034) (“CEBLA”) governs time away from work for the loss of a child. CEBLA applies to both small and large employers. The amount of the leave available to the employee is based on the employer’s size: - A “small employer” – employing at least 50 employees but less than 250 employees on a full-time basis in Illinois – must offer 6 weeks of unpaid leave. - A “large employer” – employing more than 250 employees on a full-time basis in Illinois – must offer 12 weeks of unpaid leave. Employers with less than 50 employees may still be subject to offering leave to employees under the Family Bereavement Leave Act which requires up to 10 workdays of unpaid leave. Leave under CEBLA may be taken continuously or intermittently in increments of no less than 4 hours and must be completed within one year following the employee’s notification to the employer of the loss. The employee may substitute any period of other, available paid or unpaid leave (e.g. family, sick, personal leave) for the equivalent period of leave to which the employee is entitled under CEBLA. An employer may require reasonable, practical advance notice of the need to take leave as well as reasonable documentation. CEBLA entitles an employee to be restored to the position the employee held prior to leave or an equivalent position. Violations of CEBLA subject the employer to civil penalties for each employee: (1) for the first offense, no more than $500.00; (2) for the second or subsequent offenses, no more than $1,000.00. Other equitable relief may be awarded. ##**Bereavement Leave Rights – Victims Economic Security and Safety Act** The Victims Economic Security and Safety Act (HB2493) (“VESSA”) is amended effective January 1, 2024, to entitle employees who are victims of domestic violence, sexual violence, gender violence, stalking, or any crime of violence (or employees whose family members or household members are victims of such violence) to take unpaid leave from work to seek medical assistance, legal assistance, counseling, safety planning, temporary or permanent relocation and, as now amended, to make end of life arrangements, or grieve a family or household member killed in a crime of violence without penalty from the employer. Employees were previously entitled to 12 workweeks of leave during any 12-month period but are now entitled to use a cumulative total of no more than two workweeks (10 workdays) to attend, make end-of-life arrangements, or grieve the loss of a family or household member killed in a crime of violence, which must be completed within 60 days after the date the employee receives notice of the death of the victim. The employee may still be eligible for additional time off from work for the additional, qualifying reasons described above. Employers should review their bereavement policies to ensure compliance with these new laws effective January 1, 2024. Please contact a member of [Barrett McNagny’s Labor and Employment](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) team listed below with questions about this legal notice. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # 2024 “Best Law Firms” Rankings | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2024-best-law-firms-rankings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2024-best-law-firms-rankings) #​Barrett McNagny LLP Listed in 2024 “Best Law Firms” Rankings **Barrett McNagny ****LLP** is proud to announce that the firm was ranked in the 2024 “Best Law Firms” rankings by **U.S. News Media Group** and **Best Lawyers®**. The firm was recognized for its first tier ranking in the Fort Wayne area in the following practice areas: - Banking and Finance Law - Business Organizations (including LLCs and Partnerships) - [Commercial Litigation](https://www.barrettlaw.com/practice-areas/business-and-commercial-litigation) - [Corporate Law](https://www.barrettlaw.com/practice-areas/business-law) - [Employment Law - Management](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Labor Law - Management](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Litigation - Insurance](https://www.barrettlaw.com/practice-areas/litigation-services) - [Litigation - Labor & Employment](https://www.barrettlaw.com/practice-areas/litigation-services) - Personal Injury Litigation - Defendants - [Real Estate Law](https://www.barrettlaw.com/practice-areas/real-estate-law) - [Trusts & Estates Law](https://www.barrettlaw.com/practice-areas/estate-planning) These rankings showcased fewer than 10,000 law firms across the country. Firms were often separated by small or insignificant differences in overall score, so a tiering system, rather than a sequential system is used. The first-tier ranking includes those firms that scored within a certain percentage of the highest-scoring firm(s); the second tier, those firms that scored within a certain percentage of the next highest scoring firm(s), etc. The number of tiers included in each practice area or metropolitan area varies. **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [Learn more about the Best Lawyers selection methodology.](https://www.bestlawyers.com/methodology) # Retirement Plan Limits Increase in 2024 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/retirement-plan-limits-increase-in-2024 ##[Blog](https:///blog) [Back to Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/retirement-plan-limits-increase-in-2024) #Retirement Plan Limits Increase in 2024 The Internal Revenue Service(IRS) and the Social Security Administration have increased the maximum benefit/contribution limits for 2024. Below is a chart showing the 2022 and 2023 limits and the new amounts for 2024. Any questions on the chart below please contact a member of Barrett McNagny's Employee Benefits Team listed below. ![](https:///Data/Accounts/Files/1/dec04a173eda7cb4925a97b23a63d24b-Screenshot2023-11-03092947-min.png) Tagged Attorneys [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky)| # Final Rule on Joint Employer Status | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/national-labor-relations-board-issues-final-rule-on-joint-employer-status ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/national-labor-relations-board-issues-final-rule-on-joint-employer-status) #National Labor Relations Board Issues Final Rule on Joint Employer Status On Thursday, October 26, 2023, the National Labor Relations Board (“NLRB”) issued a final joint employer rule entitled “Standard for Determining Joint Employer Status” (“Final Rule”) which rescinds and replaces the previous joint employer standard made effective April 27, 2020 (“2020 Rule”). Regardless of an employer’s business model, the focus of the joint employer analysis is the joint employers’ relationship with the employees and the authority of the joint employers to control (whether direct, indirect, or reserved) the essential terms and conditions of employment. The Final Rule will impact a variety of businesses and employers given the broadened scope of the categories of essential terms and conditions of employment. The 2020 Rule narrowed the joint employer standard and provided that an employer may be considered a joint employer of a separate employer’s employees only if the two share the separate employer’s employees’ essential terms and conditions of employment, which were exclusively defined as wages, benefits, hours of work, hiring, discharge, discipline, supervision, and direction. To meet the standard under the 2020 Rule, the employer must have “possessed and exercised such substantial direct and immediate control over one or more essential terms or conditions of their employment to warrant a finding that the employer meaningfully affects matters relating to the employment relationship with the employees.” Under the 2020 Rule, employers had a higher likelihood of avoiding a finding of joint employer status because the 2020 Rule set a higher legal threshold, requiring a showing of “substantial direct and immediate control” over essential terms and conditions of employment. Following the NRLB’s September 2022 notice of proposed rulemaking to establish a new joint employer legal standard, the much-anticipated Final Rule issued last Thursday expands the previous legal standard under the 2020 Rule. The Final Rule states that an employer “may be considered a joint employer of another employer’s employees if the two share or co-determine the employees’ essential terms and conditions of employment” and is more expansive to permit employers who have even indirect control or unexercised control to be deemed joint employers. ##What's Defined in the Final Rule? The Final Rule now defines “essential terms and conditions of employment” to include these seven categories: 1) wages, benefits, and other compensation; 2) hours of work and scheduling; 3) the assignment of duties to be performed; 4) the supervision of the performance of duties; 5) work rules and directions governing the manner, means, and methods of performance of duties and the grounds for discipline; 6) the tenure of employment, including hiring and discharge; and 7) working conditions related to the safety and health of employees. A finding of control of only one of these seven categories will draw the employers under the ambit of the Final Rule. While the Final Rule’s definition of essential terms and conditions of employment has been broadened to capture more conditions of employment, the Final Rule also expands the standard for joint employer status to include “indirect control” and “reserved control.” The Final Rule discusses that “reserved control” reviews whether the employer had the right to exercise control over the terms and conditions of employment but has not yet done so. Thus, the focus is on the right to control not the control itself. “Indirect control” of the essential terms and conditions of employment is rooted in the National Labor Relations Act’s reference to the definition of “employer” which includes any person acting as an agent of the employer, “directly or indirectly.” By including an employer’s “indirect control” in the analysis of joint employer status, the Final Rule now accounts for control exercised through an intermediary/third party. In other words, forms of indirect and unexercised control are not just probative of joint employer status but relevant and independently sufficient to establish joint employer status under the Final Rule. The Final Rule was published on Friday, October 27, 2023, in the Federal Register. The effective date is 60 days after publication, making the effective date December 26, 2023. The Final Rule will only be applied to cases after the effective date. Any questions regarding the final rule and its impact to your business, please reach out to a member of [Barrett McNagny's Labor and Employment team](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Parenting During the Holidays after Divorce | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law/parenting-during-the-holidays-after-divorce ##[Blog](https:///blog) [Back to Family Law](https:///blog/family-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/family-law/parenting-during-the-holidays-after-divorce) #Parenting During the Holidays after Divorce Arranging parenting time during the holidays can often be even more stressful than during “normal” times. While the holidays can be difficult for parents to navigate, it is important not to lose sight of how difficult the holidays can be for children, particularly when the parents’ separation/divorce is relatively new. To make holiday parenting time as easy as possible for everyone involved, it is important to make a plan and set expectations early. This plan should be shared with children as soon as possible so they can prepare and plan. ![](https:///Data/Accounts/Files/1/e35a0cc4a723777f42185290509998e4-family-492891_1280-min.jpg) However, making a plan might not be as easy as it sounds, and it can be hard to know where to begin. In Indiana, the place to start is almost always the Indiana Parenting Time Guidelines.[1] The Indiana Parenting Time Guidelines guide on several holidays throughout the year; if a holiday is not listed in the Guidelines, that day should be treated like “normal” time. It is also important to remember that holiday parenting time trumps regular parenting time, with the practical effect that one parent might get three weekends in a row that year. For example, if it is Dad’s year for Thanksgiving and it is his “normal” weekend the weekend before Thanksgiving, he will also have the children the weekend after Thanksgiving, thus giving him three weekends in a row. Because the Guidelines operate on a two-year cycle, these “extra” weekends will even out the next year. Finally, the Guidelines treat a child’s entire winter break as holiday time and divide that time equally between parents, with special provisions affecting Christmas Eve and Christmas Day. The number of days a parent gets for parenting time during winter break depends on the total number of days the children are out of school for vacation. Under the Guidelines, the parents rotate each year who gets the first half of the break and who gets the second half of the break, with each parent receiving the same number of overnights. If you are strictly operating under the Guidelines, the break begins at 6:00 p.m. on the last day of school and ends at 6:00 p.m. the day before school starts. Although the Guidelines are a great starting point, each family is different and each parent needs to be flexible, especially during the holidays, to ensure that the children are affected as minimally as possible. The best way to achieve this is for both parents to read and familiarize themselves with the Indiana Parenting Time Guidelines well before the holidays and consult with an attorney should anything be unclear. **About the Author:** [Maria Mirande](https://www.barrettlaw.com/our-people/maria-a-mirande) is a family law attorney focusing on assisting clients with dissolutions, adoptions, and guardianships. She can be reached at [mam@barrettlaw.com](https://mailto:mailto: mam@barrettlaw.com) or 260.423.8841. *** [1] If your divorce decree or marital settlement agreement provides something different than the Indiana Parenting Time Guidelines, you should follow what is provided in the decree/settlement and only use the Guidelines for things not addressed in the decree/settlement. Tagged Attorneys [Maria A. Mirande](https:///our-people/maria-a-mirande)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| # Peery Joins Litigation Team | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/peery-joins-litigation-team ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/peery-joins-litigation-team) #Peery Joins Litigation Team ![](https:///Data/Accounts/Files/1/63a1a534d93103aa8d86b30c9e3e0bf3-BannerforCalebPeery-min.jpg) **Barrett McNagny LLP** is pleased to announce that [Caleb W. Peery ](https://www.barrettlaw.com/our-people/caleb-w-peery)has joined the firm. Mr. Peery will focus his practice in the areas of commercial litigation and insurance defense. A native of North Aurora, Illinois, Mr. Peery spent the last year clerking for the Honorable Jennifer DeGroote and the Honorable Andrew Williams in Allen County Superior Court. He received his J.D. magna cum laude from the George Mason University Antonin Scalia Law School and graduated summa cum laude from Taylor University in Upland, Indiana. He is licensed to practice before the state courts in Indiana. Tagged Attorneys [Caleb W. Peery](https:///our-people/caleb-w-peery)| # Golden Career Recognition for Firm Attorneys | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/golden-career-recognition-for-firm-attorneys ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/golden-career-recognition-for-firm-attorneys) #Golden Career Recognition for Firm Attorneys Richard E. Fox, Craig R. Finlayson, and Patrick G. Michaels received their Golden Career Recognition by the Allen County Bar Association at their annual meeting on September 28, 2023. Craig R. Finlayson and Patrick G. Michaels are retired partners with the firm. Mr. Finlayson focused in the area of Banking and Business Law, and Mr. Michaels in the area of Banking and Finance Law. Richard E. Fox is currently practicing law at the firm and focuses his practice in the area of Municipal Finance and Mergers & Acquisitions. Tagged Attorneys [Richard E. Fox](https:///our-people/richard-e-fox)| # Stites Receives the Niemann Citation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/stites-receives-niemann-citation-from-allen-county-bar ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/stites-receives-niemann-citation-from-allen-county-bar) #Stites Receives Niemann Citation from Allen County Bar ![](https:///Data/Accounts/Files/1/8100f3c0a590b4f1f32c6536ba012553-BannerforAMSNiemannCitation-min.jpg) Labor and employment attorney [Tony Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) received the Niemann Citation for Excellence & Professionalism from the Allen County Bar Association at their annual meeting on Thursday, September 28, 2023. The Niemann Citation was established in 2004 to honor the memory of attorney Scott T. Niemann. The purpose of the Citation is to recognize ACBA members who exemplify professionalism and excellence in the practice of law as reflected in distinguished legal work, professionalism, public service and/or leadership. Tagged Attorneys [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Critical Terms to Consider in an NDA | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/critical-terms-to-consider-in-an-manda-related-nondisclosure-agreement ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/critical-terms-to-consider-in-an-manda-related-nondisclosure-agreement) #Critical Terms to Consider in an M&A-Related Nondisclosure Agreement When a business shares confidential information with another party during an M&A process, it is necessary to ensure that the receiving party will keep the information confidential. A business should never share information without first signing a non-disclosure agreement (NDA). An NDA is a contract between at least two parties that creates an obligation to maintain information that is confidential. The materials, knowledge, and information covered by the NDA are shared by the disclosing party with the receiving party for certain purposes, and the NDA creates a contractual duty not to share the information with other parties. An NDA should be signed as early in the process as possible and certainly prior to negotiating the letter of intent and starting the diligence process. ![](https:///Data/Accounts/Files/1/f6ebff7e9a2cda76e140beff348013c5-ContractSignature-min.jpg) NDAs are intended to protect sensitive information from one’s competition and the wider public. Since it is a binding agreement, an NDA will provide greater assurance than informal understandings that the confidential information to be shared will remain protected. ##Provisions a Standard NDA Should Include ###Identify the Specified Business Purpose of the Agreement The specified business purpose is included to limit the use of the confidential information for the stated business purpose, such as “regarding the acquisition of Party X by Party Y.” ###The Persons or Entities That are to be Bound by the Agreement The parties to the agreement shall include the persons or business entities intended to exchange confidential information and be subjected to the nondisclosure obligations. It may also capture affiliates, subsidiaries of the business, and third-party advisors such as attorneys, investment bankers, accountants, and brokers. ###A Definition of Confidential Information This may include business plans, intellectual property, customer information, employee lists, financial budgets, and/or operating procedures. The definition should be broad enough to cover all the confidential information, proprietary information, and trade secrets that the disclosing party may reveal. Often, an NDA will also include a clause that includes any information that a reasonable person would assume is confidential. ###Typical Exclusions from the Definition of Confidential Information NDAs often include carve out provisions that clarify what information is not required to be held in confidence. For example, information that is already public, was already in the receiving party’s possession before the NDA was signed, or was received from a third party that was not bound by separate confidentiality obligations to the disclosing party are often excluded. ###All Non-Disclosure Obligations The nondisclosure obligations of the receiving party to keep the information confidential should be defined in the agreement. The NDA should include a provision making clear that the receiving party should not disclose the information to any third parties, except as specifically permitted by the agreement. ###The Duration of the Nondisclosure Obligations An NDA’s term can be either indefinite or have a termination date. The typical NDA has a survival rate of one to five years. However, the length can depend on a host of facts, including the nature of the transaction or the conditions of the market. The disclosing party, as an employer or business owner, should aim to enforce an NDA for as long as possible. The main benefit to an indefinite term is that confidential information will remain protected for an unlimited amount of time. However, an indefinite term could unfairly prejudice the receiving party. Having a reasonable time frame for an NDA is important because in the event of a dispute, courts will look to the NDA’s reasonableness in interpreting the agreement and determining whether an actionable breach occurred. An indefinite term could potentially be viewed as unreasonable to the receiving party. The receiving party typically wants a definite expiration term inserted into the agreement. Ideally, an NDA will cover an appropriate amount of time to protect the interests of the disclosing party. A short term is beneficial for the receiving party because the information will not need to be kept confidential for numerous years. Ideally, NDAs will cover an appropriate amount of time to protect the disclosing party’s interests. NDAs are important, particularly if a potential merger or acquisition does not occur. Drafting an appropriate and enforceable agreement is, therefore, critical. Please contact a member of our [Mergers & Acquisitions team](https://www.barrettlaw.com/practice-areas/mergers-and-acquisitions) at Barrett McNagny with any questions on how to draft and implement NDAs to protect your business. **About the Author: **Jacqueline R. Caserio works with the transaction group which serves business clients of all sizes from sole proprietorships to Fortune 500 companies. - Posted September 12, 2023 Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Fitzharris Elected to Judicial Commission | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/fitzharris-elected-to-the-allen-county-judicial-nominating-commission ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/fitzharris-elected-to-the-allen-county-judicial-nominating-commission) #Fitzharris Elected to the Allen County Judicial Nominating Commission [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) has been elected to serve a four-year term on the Allen County Judicial Nominating Commission beginning on October 1, 2023. The Commission assists with the process of filling judicial vacancies in the Allen Superior Court and is comprised of seven members, including three local non-attorneys selected by the Governor, three local attorneys selected by election of attorneys residing in Allen County and the Chief Justice of the Indiana Supreme Court. **Mr. Fitzharris**, a partner, is a registered civil mediator and a member of The National Academy of Distinguished Neutrals, an association whose members are thoroughly vetted and found to meet stringent practice standards. He concentrates his litigation practice in the areas of alternative dispute resolution and commercial litigation, focusing most of his time on serving as a mediator to help individuals and entities resolve their disputes before filing suit or before trial. With over thirty years of litigation experience, Kevin has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. **Mr. Fitzharris** is a highly skilled mediator having mediated thousands of cases and is listed in the Best Lawyers in America and the Indiana Super Lawyers publications. He is a member of the Indiana Supreme Court’s Committee on Character and Fitness, the Defense Trial Counsel of Indiana, the Defense Research Institute, the American Bar Association and the Allen County Bar Association where he is the co-chair of the Alternative Dispute Resolution Section. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| # 2024 "Lawyer of the Year" | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/2024-lawyer-of-the-year-awards-for-the-best-lawyers-in-fort-wayne ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/2024-lawyer-of-the-year-awards-for-the-best-lawyers-in-fort-wayne) #2024 "Lawyer of the Year" Awards for The Best Lawyers in Fort Wayne **Barrett McNagny ****LLP** is proud to announce that seven firm attorneys were selected by their peers for inclusion in **The Best Lawyers in America® 2024 **as “Lawyer of the Year” in their respective practice areas. - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) **was selected “Lawyer of the Year,” Fort Wayne, in the area of Employment Law- Management. - [Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice) was selected “Lawyer of the Year,” Fort Wayne, in the area of Litigation- Insurance. - **[Jeffrey M. Woenker](https://www.barrettlaw.com/our-people/jeffrey-m-woenker) **was selected “Lawyer of the Year,” Fort Wayne, in the area of Business Organizations (including LLCs and Partnerships). - [John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Corporate Law. - **[Richard E. Fox](https://www.barrettlaw.com/our-people/richard-e-fox) **as selected “Lawyer of the Year,” Fort Wayne, in the area of Banking and Finance Law. - [Robert T. Keen](https://www.barrettlaw.com/our-people/robert-t-keen-jr) was selected “Lawyer of the Year,” Fort Wayne, in the areas of Personal Injury Litigation- Defendants. They received this distinction based upon peer ratings. Only a single lawyer in each practice area in each community annually is honored as a “Lawyer of the Year.” **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [Learn more about the selection methodology for inclusion in this publication](https://www.bestlawyers.com/methodology). Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Fleck to Present at Intellectual Property Seminar | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/intellectual-property-law/fleck-to-present-at-intellectual-property-seminar ##[Blog](https:///blog) [Back to Intellectual Property Law](https:///blog/intellectual-property-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/intellectual-property-law/fleck-to-present-at-intellectual-property-seminar) #Fleck to Present at Intellectual Property Seminar Patent attorney [Connor Fleck ](https://www.barrettlaw.com/our-people/connor-fleck)will be the presenter at an Intellectual Property Seminar on September 20, 2023 at the Northeast Indiana Innovation Center from 4:00- 5:00 p.m. The seminar is hosted by the brightpoint development fund.[](https://www.eventbrite.com/e/intellectual-property-law-seminar-tickets-704537991097) [Register for this Free Seminar](https://www.eventbrite.com/e/intellectual-property-law-seminar-tickets-704537991097). ![](https:///Data/Accounts/Files/1/cd4a80f14e521786ce10513d32859898-Intellectualseminar.jpg) Tagged Attorneys [Connor Fleck](https:///our-people/connor-fleck)| # What is an Easement? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/the-nuts-and-bolts-of-easements ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/the-nuts-and-bolts-of-easements) #The Nuts and Bolts of Easements ##What is an Easement? An easement is the right to use the land owned by another for some designated purpose. Such uses typically include ingress/egress, rights-of-way, utility, or water access. An easement holder’s use and rights are known collectively as a “servitude,” and the subject property burdened by the servitude is the servient estate.[1] ###Affirmative vs. Negative Easements An affirmative easement gives the easement holder positive rights to do something on the servient estate. On the other hand, a negative easement restrains the owner of the servient estate from undertaking some purpose vis-à-vis the servient estate which is otherwise lawful to do. An agreement not to develop a tract of land to preserve an easement holder’s scenic view is an example of a negative easement. ###Rights and Obligations An easement holder is deemed to have all rights necessarily incident to the enjoyment of the easement and its servitude, and the owner of the servient estate may not obstruct, interfere, or otherwise encroach upon the easement holder’s use and enjoyment. ##What are the Different Types of Easements? There are two general categories of easement: ###Appurtenant Easements An easement is "appurtenant" if it is attached to the dominant estate and runs through subsequent conveyancing. ###Easement In Gross An easement is "in gross" if the easement rights are of a nature strictly personal to the owner of the dominant estate. Easement rights are never presumed to be in gross whenever they can be fairly construed to be appurtenant to the land. ![](https:///Data/Accounts/Files/1/927a766e6f8791dc404840177abfb151-21fcb6d1405c2c456bdbfcc59c761e40-easement-1683257_1280-min.jpg) ##When are Easements Created? Under Indiana law, easements may be created by grant, prescription, or implication. ###Easement by Grant An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of the easement holder’s rights is controlled by the governing terms of the instrument. Easements created by deed or contract are usually recorded with the county recorder’s office to give constructive notice to interested parties of their existence. ###Prescriptive Easements Prescriptive easements are created by the operation of law against a party having a title. Prescriptive easements are generally disfavored in law. To be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their “actual, hostile, open, notorious, continuous, uninterrupted adverse use” of the servient estate for twenty years under some claim of right. Thus, a party claiming the existence of a prescriptive easement must show the following evidence before a prescriptive easement is deemed existing: - Control - Intent - Notice - Duration ###Implied Easements Like prescriptive easements, implied easements are also recognized in law. Implied easements are further divided into easements of necessity and easements by prior use. ####Easement of Necessity An easement of necessity will be implied in law when land, previously held intact by common ownership, has been severed and, as a result, part of the land is left without access to a public road. If the party alleging easement by necessity maintains any other means of accessing the land, he/she may not claim a right to pass over the land of another and no easement rights are created. An easement by necessity is commonly created when a landowner conveys a parcel of real estate completely bounded by the landowner’s remaining property. ####Easements by Prior Use An easement of prior use will be implied where a landowner imposes an apparent permanent and obvious servitude on one part of the land in favor of another part and which use is continuing when the land is later caused to be severed and if the servitude is reasonably necessary for the fair enjoyment of dominant estate. While the focus of a claim for an implied easement by necessity is the fact of absolute necessity, a claim for prior use is the intention that a prior use should continue. ##How are Easement Locations Selected? In accordance with Indiana law, the owner of the servient estate may select the specific location of the easement if this is not specified within the instrument creating the easement (if the servient owner fails in this regard, the easement holder may then designate the location of the easement). ###Location Requirements In all such cases, the easement location must be reasonable for both parties given the nature of the easement and the circumstances existing; such placement cannot unreasonably interfere with the enjoyment of the servient land or encroach upon, or interfere with, the property of others. ###Improvements and Modifications If at the time an easement is created, the servient estate is unfit for its actual purposes, the easement holder may make such alterations, repairs, and improvements to the servient land as will give effect to the easement, including, by way of example, the construction of roads, drainage systems, and other facilities for an ingress/egress easement which are necessary and appropriate. An easement establishes important and usually lasting rights on land. Failure to appropriately procedurally establish and accurately describe the precise nature and scope of an intended easement right is the source of significant costly (and acrimonious) litigation in Indiana and elsewhere. Seeking professional advice in real estate law can help avoid unintended uses and servitudes being imposed by the courts. Indeed, as Franklin opined, “[a]n ounce of prevention is worth a pound of cure.” If you have any questions or needs related to the creation, enforcement, or interpretation of an easement or related land rights, please contact the author or a member of Barrett McNagny’s [real estate](https://www.barrettlaw.com/practice-areas/real-estate-law) or [litigation group](https://www.barrettlaw.com/practice-areas/litigation-services). **About the Author**: [David C. Pricer](https://www.barrettlaw.com/our-people/david-c-pricer) is a litigator focusing on commercial litigation, premises liability, professional liability and contract disputes. He has also handled real estate transactions and appeals. He can be reached at 260.423.8866 or [dcp@barrettlaw.com](https://mailto:mailto: dcp@barrettlaw.com). [1] Whereas the land benefitted by the servitude is the “dominant estate.” - Published August 22, 2023 Tagged Attorneys [David C. Pricer](https:///our-people/david-c-pricer)| # 2024 Best Lawyers Listing | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/2024-best-lawyers-listing ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/2024-best-lawyers-listing) #2024 Best Lawyers Listing **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in [The Best Lawyers in America 2024](https://www.bestlawyers.com/firms/barrett-mcnagny-llp/7907/US) in their respective practice areas: - **[Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains): **Real Estate Law and Litigation- Real Estate - **[John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce): **Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Businesses Law; Corporate Law - **[H. Joseph Cohen](https://www.barrettlaw.com/our-people/h-joseph-cohen): **Employment Law- Management; Health Care Law; Labor Law - Management - **[Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris):** Arbitration and Commercial Litigation - **[Richard E. Fox](https://www.barrettlaw.com/our-people/richard-e-fox): **Banking and Finance Law; Commercial Finance Law; Corporate Law - [Marcus A. Heminger](https://www.barrettlaw.com/our-people/marcus-a-heminger): Securitization and Structured Finance Law - **N. Thomas Horton II: **Employee Benefits (ERISA) Law - **[Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice): **Litigation – Insurance - **[Robert T. Keen](https://www.barrettlaw.com/our-people/robert-t-keen-jr): **Bet-the-Company Litigation; Civil Rights Law; Commercial Litigation; Litigation – Labor & Employment; Litigation – Municipal; Personal Injury Litigation – Defendants - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough):** Litigation – Insurance; Employment Law-Management - [Michael H. Michmerhuizen](https://www.barrettlaw.com/our-people/michael-h-michmerhuizen)- Appellate Practice; Commercial Litigation, Litigation-Insurance - **[Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy): **Litigation – Insurance - **[Joshua C. Neal](https://www.barrettlaw.com/our-people/joshua-c-neal):** Land Use and Zoning Law; Real Estate Law - **[Thomas M. Niezer](https://www.barrettlaw.com/our-people/thomas-m-niezer): **Real Estate Law - **[James J. O’Connor](https://www.barrettlaw.com/our-people/james-j-oconnor): **Employment Law- Management; Labor Law – Management - **[Michael P. O’Hara](https://www.barrettlaw.com/our-people/michael-p-ohara):** Banking and Finance Law; Corporate Law - **[Trisha J. Paul](https://www.barrettlaw.com/our-people/trisha-j-paul): **Trusts and Estates - [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey): Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants - **[Cathleen M. Shrader](https://www.barrettlaw.com/our-people/cathleen-m-shrader): **Appellate Practice; Commercial Litigation - [David R. Steiner](https://www.barrettlaw.com/our-people/david-r-steiner): Corporate Law; Environmental Law; Real Estate - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites): **Employment Law – Management; Labor Law – Management; Labor Law – Union; Litigation – Labor and Employment - **[Emily S. Szaferski](https://www.barrettlaw.com/our-people/emily-s-szaferski): **Family Law - **[Samuel J. Talarico, Jr.](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr): **Corporate Law; Mergers and Acquisitions Law - **[Philip A. Wagler](https://www.barrettlaw.com/our-people/philip-a-wagler): **Trusts and Estates - **[Jeffrey M. Woenker](https://www.barrettlaw.com/our-people/jeffrey-m-woenker): **Business Organizations (Including LLCs and Partnerships); Corporate Law; Tax Law **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. [Learn more about the selection methodology for inclusion in this publication](https://www.bestlawyers.com/methodology). Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # 2024 Best Lawyers: Ones to Watch Listing | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/2024-best-lawyers-ones-to-watch-listing ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/2024-best-lawyers-ones-to-watch-listing) #2024 Best Lawyers: Ones to Watch Listing **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The 2024 Best Lawyers in America®**: **Ones to Watch** in their respective practice areas: - **[Thomas E. Ludwiski](https://www.barrettlaw.com/our-people/thomas-e-ludwiski): **Corporate Law; Tax Law; Mergers & Acquisitions; Business Organizations (including LLCs and Partnerships) - **[Justin T. Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris): **Business Organizations (including LLCs and Partnerships); Corporate Law; Mergers & Acquisitions Law: Privacy and Data Security Law; Securities/Capital Markets Law - **[Carta H. Robison](https://www.barrettlaw.com/our-people/carta-h-robison): **Litigation **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. [Learn more about the selection methodology for inclusion in this publication](https://www.bestlawyers.com/methodology). Tagged Attorneys [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Carta H. Robison](https:///our-people/carta-h-robison)| # Estate Planning Team Welcomes Brian Downey | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/estate-planning-team-welcomes-brian-downey ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/estate-planning-team-welcomes-brian-downey) #Estate Planning Team Welcomes Brian Downey **Barrett McNagny LLP** is pleased to announce that [Brian J. Downey](https://www.barrettlaw.com/our-people/brian-j-downey)** **has joined the firm. Mr. Downey will focus his practice in the areas of estate planning and tax law, assisting clients with wills and trusts, the appointment of health care representatives, powers of attorney and asset protection. A Fort Wayne native, Mr. Downey spent the last two decades practicing estate and trust law in Florida. He received his J.D. cum laude from the University of Akron School of Law and he received a Master of Laws (L.L.M.) in Taxation from the New York University School of Law. He is licensed to practice before the state courts in Indiana, Florida and Arizona (inactive). Tagged Attorneys [Brian J. Downey](https:///our-people/brian-j-downey)| # New I-9 Form for Employers | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/new-i-9-form-for-employers ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/new-i-9-form-for-employers) #New I-9 Form for Employers The U.S. Citizenship and Immigration Services (“USCIS”) announced that beginning August 1, 2023, employers should use a new Form I-9 that will be available for download beginning that date. The old Form I-9 will be accepted only until October 31, 2023. Beginning November 1, 2023 employers submitting the old version will be subject to applicable penalties and fines. Employers do not need to complete a new Form I-9 for current employees who have a properly completed form on file, unless reverification applies after October 31, 2023. The USCIS Enforcement also announced an alternative document review process for employers who participate in E-Verify. Employers in good standing may conduct remote documentation and verification with employees via video conference once the employee has submitted their documents electronically to the employer for review. Employers can use this new process starting August 1, 2023. ##New I-9 Form Changes The new form will be made available for download beginning August 1, 2023, from the [USCIS website](https://www.uscis.gov/i-9). This new form has several revisions aimed at streamlining the process to complete the form by employers and employees. According to the release, the following updates to Form I-9 were made: - Reduced Sections 1 and 2 to a single-sided sheet. No previous fields were removed. Rather, multiple fields were merged into fewer fields when possible. - Moved the Section 1 Preparer/Translator Certification area to a separate, standalone supplement (Supplement A) that employers can provide to employees when necessary. Employers may attach additional supplement sheets as needed. - Moved the Section 3 Reverification and Rehire area to a separate, standalone supplement (Supplement B) that employers can print if or when rehire occurs or reverification is required. Employers may attach additional supplement sheets as necessary. - Removed the use of “alien authorized to work” in Section 1 and replaced it with “noncitizen authorized to work” as well as clarified the difference between “noncitizen national” and “noncitizen authorized to work.” • Ensured the form can be filled out on tablets and mobile devices. - Removed certain features to ensure the form can be downloaded easily. This also removes the requirement to enter N/A in certain fields. - Updated the notice at the top of the Form I-9 that explains how to avoid discrimination in the Form I-9 process. - Revised the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation. - Added a box that eligible employers must check if the employee’s Form I-9 documentation was examined under a DHS-authorized alternative procedure rather than via physical examination. USCIS also updated the following in the Form I-9 instructions: Reduced the length of instructions from 15 pages to 8 pages. Added definitions of key actors in the Form I-9 process. Streamlined the steps each actor takes to complete their section of the form. Added instructions for the use of the new checkbox for employers who choose to examine Form I-9 documentation under an alternative procedure. Removed the abbreviations charts and relocated them to the M-274, Handbook for Employers: Guidance for Completing Form I-9. For questions regarding the new Form I-9 or E-Verify, please contact a member of Barrett McNagny’s [Labor Relations and Employment Law](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) team listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Injury and Illness Reporting Change | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/injury-and-illness-reporting-change-for-high-hazard-industries ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/injury-and-illness-reporting-change-for-high-hazard-industries) #Injury and Illness Reporting Change for "High-Hazard" Industries On July 17, 2023, the Department of Labor (the “D.O.L.”) announced it would be implementing a final rule (29 C.F.R. § 1904.41(a)(2)) on January 1, 2024, which changes the injury and illness reporting requirements for certain businesses in “high-hazard” industries which includes businesses such as farming operations, textile manufacturers, construction material manufacturers, motor vehicle manufacturers, food & beverage wholesalers, trucking and transportation operators, medical care facilities, and sports and entertainment companies to name just a few. The rule contains a list of industries the D.O.L. considers “high-hazard” for companies with 100 or more employees, which can be found on page 317 at this link: [2023-15091.pdf (federalregister.gov)](https://public-inspection.federalregister.gov/2023-15091.pdf). The new rule only introduces two changes, but it is essential to know what the changes are in order to ensure compliance. Beginning January 1, 2024, businesses with 100 or more employees that are in “high-hazard” industries will be required to electronically submit information from their OSHA Form 300: Log of Work-Related Injuries and Illnesses, and OSHA Form 301: Injury and Illness Incident Report to OSHA or OSHA’s designee. Both forms must be submitted annually, for the previous calendar year, by March 2. This rule only applies to companies that had at least 100 employees in the calendar year before the forms are due. Along with the foregoing forms, businesses must electronically submit OSHA Form 300A: Summary of Work-Related Injuries and Illnesses to OSHA or OSHA’s designee once a year, for the previous calendar year, by March 2. The final rule retains the current requirements for electronic submission of information from Form 300A from establishments with 20-249 employees in certain “high-hazard” industries ( and from establishments with 250 or more employees in industries that must routinely keep OSHA injury and illness records. The last change the final rule implements is that companies must use their legal company name on all electronic submissions to OSHA regarding injury and illness reports. Please feel free to contact a member of our [Labor and Employment group](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) listed below with any questions about the implementation of this rule. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Shared Parenting: How to Successfully Co-Parent | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law/shared-parenting-what-is-required-to-successfully-co-parent-my-children ##[Blog](https:///blog) [Back to Family Law](https:///blog/family-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/family-law/shared-parenting-what-is-required-to-successfully-co-parent-my-children) #Shared Parenting: What is required to successfully co-parent my child(ren)? Everyone is always talking about this concept of co-parenting, and why parents should co-parent their child(ren). However, no one really talks about what that looks like or whether it is practical for everyone single situation. The Indiana Parenting Time Guidelines were modified to provide some guidance on co-parenting and the new concept of Shared Parenting. In order to determine if parents are able to implement a Shared Parenting plan, it is important to consider the following: - Factors Related to the Child: - The amount of joint work required in the rearing of the child(ren).The ability of the child(ren) to benefit from Shared Parenting. - Factors Related to the Parent: - The factors that motivate each parent to take specific positions with respect to the rearing of the child(ren).The interest that each parent shows in the work of raising the child(ren).If the parent has a peaceful relationship with the child(ren).The factors in the life of each parent that detract from the time and attention needed to perform the tasks of Shared Parenting.Factors Related to the Parent-Child Relationship: - If the child(ren) will gain anything from each parent if the parents have the high level of engagement necessitated by a Shared Parenting arrangement.If either or both parents exhibit positive relational qualities.If a parent has a history which poses some risk to the child(ren).Factors Related to the Co-Parenting Relationship: - The way in which the parents manage disagreements regarding matters pertaining to the child(ren).The history of parental collaboration which needs to be protected by a Shared Parenting plan.The potential for ongoing gate-keeping which could potentially be dampened by a Shared Parenting plan.The impact a Shared Parenting plan would have on either parent’s mental health.The ability of each parent to respond to the other parent in a conscientious manner.If there is a history of highly regrettable behavior.If the children have witnessed regrettable behavior.The extent to which the child(ren) is/are aware of parental conflicts.If the parents provide the child(ren) with evidence that they like each other.Environmental Factors: - If a Shared Parenting plan increases the amount of actual time the child(ren) is/are cared for by a parent.If a Shared Parenting plan saves the family money or increases the financial stability of the child(ren).If a Shared Parenting plan drains the resources of the family to the extent that other needs of the child(ren) are significantly sacrificed. Based on the foregoing, there are also questions that each parent should ask themselves and consider before determining whether to implement a Shared Parenting plan. Those questions can be found in the Appendix of the Indiana Parenting Time Guidelines. Ultimately, every familial unit is unique, and the parent will need to determine what is best for their child(ren) and their co-parenting relationship. For questions regarding Shared Parenting, contact a member of our [Family Law team.](https://www.barrettlaw.com/practice-areas/family-and-domestic-law) Tagged Attorneys [Maria A. Mirande](https:///our-people/maria-a-mirande)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| # Lake Disputes Must be Filed in State Court | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/lake-disputes-involving-where-to-dock-your-boat-or-where-to-put-your-pier-now-must-be-filed-in-state-court ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/lake-disputes-involving-where-to-dock-your-boat-or-where-to-put-your-pier-now-must-be-filed-in-state-court) #Lake Disputes Involving Where to Dock your Boat or Where to Put your Pier Now Must be Filed in State Court Indiana Code 14-26-2-23(e) previously authorized the Natural Resource Commission (“NRC”) to adjudicate riparian rights disputes. A final order, whether issued by an NRC Administrative Law Judge, as the ultimate authority, or by the Administrative Orders and Protection Act (“AOPA”) Committee, acting as the delegated ultimate authority of the NRC, was subject to judicial review in accordance with IC 4-21.5-5. However, on May 4, 2023, the General Assembly of the State of Indiana revised the statute and removed I.C. 14-26-2-23(e)(3) in its entirety, effective July 1. After July 1, the NRC may no longer consider any new riparian rights cases. Accordingly, riparian rights disputes will be handled at the state court level. The revised code does not indicate whether any petition filed before July 1 must remain in the NRC’s jurisdiction after July 1. However, once the NRC begins to exercise jurisdiction over a case, it is likely that the case will stay with the assigned Administrative Law Judge. The change in jurisdiction affects not only where a claim must be filed but also the time limit to file a claim. Previously, “[a] Petition alleging a riparian rights dispute initiated under IC 14-26-2-23 and 312 IAC 11-3-2 [could] be filed at any time a dispute exists.” Natural Resources Commission, A Guide to Administrative Review Before the Natural Resources Commission (2021). As there is currently no relevant statute establishing a statute of limitations for riparian rights disputes, the statute of limitations is likely the default of ten years. Ind. Code § 34-11-1-2.Thus, lakers should be aware that it is now possible to be time-barred from filing a claim for such a dispute. For questions regarding this article or a question regarding a dispute, [please contact a member of our Litigation team](https://www.barrettlaw.com/practice-areas/litigation-services). About the Author: [Pat Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy) is an experience trial lawyer. He has handled matters involving real estate disputes, adverse possession, easements, boundary disputes, property law, and construction. He also represents businesses in cases involving trade secrets, unfair competition, product liability and bet-the-company litigation. He can be reached at 260.423.8971 or at [pat@barrettlaw.com](https://mailto:mailto: pat@barrettlaw.com). Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [David C. Pricer](https:///our-people/david-c-pricer)| [William A. Ramsey](https:///our-people/william-a-ramsey)| # The Pregnant Workers Fairness Act | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/the-pregnant-workers-fairness-act ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/the-pregnant-workers-fairness-act) #The Pregnant Workers Fairness Act The Pregnant Workers Fairness Act ("PWFA") is a new law that will take effect on June 27, 2023. The PWFA requires employers with 15 or more employees to provide temporary and reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause the employer an “undue hardship.” Similar to the Americans with Disabilities Act (“ADA”), the PWFA requires a covered employer to engage in the interactive process when determining the accommodation(s). What constitutes a "reasonable accommodation" will vary depending on the circumstances, including the employee's job, the nature of the employer's business, the impact upon co-workers, and the employer's resources. Reasonable accommodations may include a remote-work arrangement; permission to take frequent breaks; the ability to sit or drink water; receive closer parking; receive appropriately sized uniforms and safety apparel; have flexible hours; and/or to be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. Also, under the PWFA, covered employers cannot: - Require an employee to accept an accommodation without a discussion about the accommodation between the employee and employer; - Deny a job or other employment opportunity to a qualified employee or applicant based on the person’s need for a reasonable accommodation; - Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working; - Retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding; or - Interfere with an individuals’ rights under the PWFA. While the PWFA applies to accommodations only, existing laws, such as Title VII, make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions. The PWFA does not replace federal, state or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. For questions regarding this new law or any labor related matter, contact a member of [Barrett McNagny's Labor and Employment team](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # SECURE 2.0 & Debt Solution for Retirement Plans | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/secure-20-and-the-student-debt-solution-for-retirement-plans ##[Blog](https:///blog) [Back to Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/secure-20-and-the-student-debt-solution-for-retirement-plans) #SECURE 2.0 and the Student Debt Solution for Retirement Plans On December 29, 2022, President Biden signed into law SECURE 2.0, an Act which implicates a variety of different legal fields, none more significantly than ERISA law.It would take hundreds of pages to describe in detail all of the changes SECURE 2.0 implements into the law regarding both retirement plans and health plans. This post focuses on a simple, but important, change in the law that allows talented employees with student loan debt to be compensated for their work through employer matching contributions to a retirement plan. Some members of the workforce are faced with the nearly impossible choice of making monthly student loan payments to pay off large amounts of student debt and contributing money to a retirement account courtesy of their employer.Section 110 of SECURE 2.0 now allows for employers to offer an alternative solution to those employees with significant student loan debt who are faced with that choice.Beginning January 1, 2024, an employer, if they so choose, will be allowed to make a matching contribution to a 401(k) plan or other individual retirement account (including a 403(b) plan and a 457(b) plan), even if the employee does not make a contribution, so long as that employee is instead making a “qualified student loan payment,” as defined by SECURE 2.0. A “qualified student loan payment” is defined as any indebtedness incurred by the employee solely to pay qualified higher education expenses of the employee.Whether or not an employee is entitled to this matching contribution will depend on the retirement plan the employer offers. While it will always be the employer’s choice to offer the benefit to its employees, offering this kind of matching contribution could be used as a great marketing tool for companies looking to attract young talent to be able to say that they are willing and able to help their employees reduce their debt while also enabling them to plan for retirement. Please feel free to contact our [Employee Benefits group](https://www.barrettlaw.com/practice-areas/employee-benefits-law) at Barrett McNagny with any questions about implementation of this matching contribution into your company’s 401(k) or retirement plan. We are always happy to help. # Listing in 2023 Indiana Super Lawyers for 2023 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/listing-in-2023-indiana-super-lawyers-for-2023 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/listing-in-2023-indiana-super-lawyers-for-2023) #Listing in 2023 Indiana Super Lawyers for 2023 **Barrett McNagny ****LLP** is proud to announce its listing in Indiana Super Lawyers for 2023.The following attorneys were selected for inclusion in their respective practice areas: ![](https:///Data/Accounts/Files/1/4198c373bdd593d69763002be7a9d021-SuperLawyers2023-min.jpg) - **[Kevin K. Fitzharris ](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)– **Alternative Dispute Resolution - **[Benjamin D. Ice ](https://www.barrettlaw.com/our-people/benjamin-d-ice)–** Medical Malpractice Defense - **[Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr) – **Business Litigation - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) – **Employment & Labor - **[William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) –** Business Litigation - **[Anthony M. Stites ](https://www.barrettlaw.com/our-people/anthony-m-stites)– **Employment & Labor Super Lawyers is a Thomson Reuters business and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Pricer Joins Litigation Team | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/pricer-joins-litigation-team ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/pricer-joins-litigation-team) #Pricer Joins Litigation Team **Barrett McNagny LLP** is pleased to announce that [David C. Pricer ](https://www.barrettlaw.com/our-people/david-c-pricer)has joined the firm. Mr. Pricer will concentrate his practice in litigation, handling commercial litigation, premises liability, professional liability, and general liability claims. He will also assist with handling appeals and legal research and analysis. ![](https:///Data/Accounts/Files/1/9e6263fce038726390bd5066b3eb7440-BannerforDavidPricer-min.jpg) David is a member of the Allen County, Indiana State, and American Bar Associations. He received his Juris Doctorate from the Ohio Northern University, Pettit College of Law and his Bachelor of Arts from The Ohio State University. He is admitted to practice before the Indiana state courts and the U.S. District Courts for the Northern and Southern Districts of Indiana. Tagged Attorneys [David C. Pricer](https:///our-people/david-c-pricer)| # Proposed Ban on Non-Compete Clauses | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/federal-trade-commission-proposes-a-ban-on-non-compete-clauses-in-employment-contracts ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/federal-trade-commission-proposes-a-ban-on-non-compete-clauses-in-employment-contracts) #Federal Trade Commission Proposes a Ban on Non-Compete Clauses in Employment Contracts On January 5, 2023, the Federal Trade Commission (“FTC”) issued a **proposed rule** (“Proposed Rule”) which would ban non-compete clauses from employment contracts. The Proposed Rule bans non-compete clauses in contracts for employees and independent contractors. Should the Proposed Rule become a Final Rule, all employers who have entered into contracts with employees or independent contractors that include a non-compete clause will be required to rescind the non-compete clause no later than the compliance date. Employers also will be required to issue notices, which are individualized, to each employee or contractor that the non-compete clause is no longer in effect and may not be enforced against the employee or contractor. The employer will be required to issue this notice within 45 days after rescission of the non-compete clause. Notices need to be issued to current and former employees. Although the Proposed Rule would ban non-compete clauses, the Rule would not generally apply to non-disclosure agreements (“NDAs”) or client or customer non-solicitation agreements because these covenants do not prevent a worker from seeking or accepting employment with a person or operating business after separation of employment. However, the FTC also outlines a functional test for determining whether a contractual term is a de facto non-compete clause, citing the following examples: 1. A non-disclosure agreement between an employer and a worker that is written so broadly that it effectively precludes the worker from working in the same field after the conclusion of the worker’s employment with the employer. 1. A contractual term between an employer and a worker that requires the worker to pay the employer or a third-party entity for training costs if the worker’s employment terminates within a specified time period, where the required payment is not reasonably related to the costs the employer incurred for training the worker. The Proposed Rule does not apply to individuals selling a business entity or selling a business entity’s operating assets if the person is an owner, member, or partner holding at least a 25% ownership interest in the business entity. We will continue to monitor the progress of the Proposed Rule. Any questions, please reach out to any member of the Labor and Employment team listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Holiday Season Data Breaches | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/cybersecurity/its-the-holiday-season-and-data-breaches-are-coming-to-town ##[Blog](https:///blog) [Back to Cybersecurity](https:///blog/cybersecurity) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/cybersecurity/its-the-holiday-season-and-data-breaches-are-coming-to-town) #It’s the Holiday Season, and Data Breaches are Coming to Town ##Holiday Breaches What puts you in the Christmas spirit? Santa, elves, presents, and snow, probably. Certainly not cybersecurity. But, if you are a business owner, you might want to add it to the list. Unfortunately for businesses, malicious actors’ idea of a great Christmas is spending the day locking your data behind ransomware. Christmas is a prime time for data breaches and ransomware attacks. A study done by Darktrace showed that cyber-attacks increase by 30% during Christmas and New Year’s.[[1]](https://medium.com/@mblaney522/its-the-holiday-season-and-data-breaches-are-coming-to-town-ebe3355f590c#_ftn1) Several companies, including Macy’s, T-Mobile, and Medibank have experienced data breaches and ransomware attacks on Christmas day.[[2]](https://medium.com/@mblaney522/its-the-holiday-season-and-data-breaches-are-coming-to-town-ebe3355f590c#_ftn2) Cyber-attacks are common during the holidays because businesses are more susceptible to security breaches. During the holidays, there are less employees in the office, and traveling employees work at home on non-private networks. Employees may be less engaged with their usual routines, and cyber diligence can falter. Cyber criminals see this reduction in security and make their move. A whole company’s holiday can be ruined by a simple “Merry Christmas!” phishing email that leads to a ransomware attack, or an malware intrusion stemming from an employee’s use of an unsecured public network. ##Preparedness & Best Practices The possibility of a data breach over the holidays can be daunting for business owners, but there are several ways to protect yourself and your business. Long term, your business needs to implement an Incident Response Plan (IRP). An IRP is a “predetermined set of instructions or procedures to detect, respond to, and limit consequences of a malicious cyber attacks against an organization’s information systems(s).”[[3]](https://medium.com/@mblaney522/its-the-holiday-season-and-data-breaches-are-coming-to-town-ebe3355f590c#_ftn3) In an IRP, everyone knows their role and how they need to respond in the event of a data breach. Having an IRP prevents disorganization, confusion, and saves precious time during a security event. Not only will less data be lost, everyone will be able to return to enjoying the holidays much sooner. Short term, education is the best defense. Take time this December to remind employees of your company’s cybersecurity policies. Provide optional training sessions, and ensure remote employees are working in secure environments. A simple reminder to your employees to remain diligent could be the determining factor of how you (and your cybersecurity attorney) spend the holidays. Don’t let data breaches come to town, and enjoy the holiday season. If you are looking to create an Incident Response Plan for your business or update any data security policies and/or procedures, contact a member of the [Barrett McNagny Cybersecurity Team. ](https://www.barrettlaw.com/practice-areas/cybersecurity-and-privacy) ###REFERENCES [[1]](https://medium.com/@mblaney522/its-the-holiday-season-and-data-breaches-are-coming-to-town-ebe3355f590c#_ftnref1) Damir Mujezinovic, [Cyberattacks Surge During the Holiday Season: Here’s Why](https://www.makeuseof.com/why-cyberattacks-surge-during-holiday-season/), MakeUseOf (Nov. 21, 2022) [[2]](https://medium.com/@mblaney522/its-the-holiday-season-and-data-breaches-are-coming-to-town-ebe3355f590c#_ftnref2) George Anderson, [Will A Hack Ruin Macy’s Christmas?](https://retailwire.com/discussion/will-a-hack-ruin-macys-christmas/), Retail Wire (Nov. 20, 2019) [[3]](https://medium.com/@mblaney522/its-the-holiday-season-and-data-breaches-are-coming-to-town-ebe3355f590c#_ftnref3) [Incident Response Plan](https://csrc.nist.gov/glossary/term/incident_response_plan#:~:text=Definition(s)%3A,organization's%20information%20systems(s)), NIST, (last visited Dec. 19,2022). # What is the Difference Between Medicare and Medicaid? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/what-is-the-difference-between-medicare-and-medicaid ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/what-is-the-difference-between-medicare-and-medicaid) #What is the Difference Between Medicare and Medicaid? Medicare and Medicaid are two different government programs for healthcare. It is important to understand the difference between them. Here, we will discuss how the program benefits differ, how eligibility for each program is established, and discuss some recent news pertaining to each program. ##Medicare vs. Medicaid – What are the program benefits? Medicare is a program administered by the federal government to provide healthcare to certain populations. Original Medicare is divided into Parts A and B. Medicare Part A covers hospital care and a limited period of nursing home care, home health services, and hospice care. Medicare Part A will only cover nursing home care if – - There was first a qualifying hospital stay of 3 days of inpatient care - Nursing home care was needed relating to the hospital stay - The patient entered the nursing home within a short time of the hospital stay (usually within 30 days). Thereafter, only the first 20 days of nursing home care are paid for by Medicare Part A. Days 21 through 100 of care require a partial payment by the patient. Any care after 100 days is not paid at all by Medicare Part A. Medicare Part B covers traditional healthcare expenses, such as visits to a doctor, blood tests, and X-rays. In most cases, a referral is not needed to see a specialist. Original Medicare does not cover prescription drug coverage; however, you can enroll in Medicare Part D through a private insurance company with paid premiums. Medicaid is also a program intended to provide medical benefits to certain populations. It is a joint federal-state program. While states receive federal funding and must follow specific federal rules, each state administers its own Medicaid program. Medicaid covers all types of medical care, including long-term care, such as a nursing home. However, eligibility criteria are more stringent when trying to qualify for long-term care. ##Medicare vs. Medicaid– How is eligibility established? Eligibility for Medicare is simple – if you are over age 65 and have paid Medicare tax through your employment for at least ten years, you qualify. You can get Medicare Part A at age 65 without paying any premiums if: - You receive Railroad Retirement Board benefits - You are eligible to receive Railroad Retirement Board benefits or Social Security benefits but have not yet filed for them - You or your spouse had Medicare-covered government employment. If you or your spouse don’t qualify for Medicare Part A because neither of you paid Medicare tax through your employment, you may still be able to obtain Medicare Part A via paid premiums. Eligibility for Medicare Part B is the same as for Part A but requires a paid premium. Some folks qualify for Medicare benefits even though they are under age 65, including younger people with disabilities and those with End-Stage Renal Disease. Eligibility for Medicaid is needs-based. Meaning, income restrictions for programs cover pregnant women, children, the disabled, and the elderly. If your income is under the amount specified for your state, then you likely qualify if you are in one of those groups. If long-term care is needed, however, there are also asset restrictions. An applicant cannot have over a certain amount of assets and still qualify for nursing home care benefits. However, applicants can retain an attorney to do legal planning to protect assets while still getting qualified for benefits. This way, money and property are preserved for their family and won’t have to be spent on care. In addition to income and asset rules regarding nursing home Medicaid benefits eligibility, there is a look-back period. Suppose you had transferred assets during a specific time period before the Medicaid application was submitted. In that case, you will likely receive a penalty where you are not eligible for benefits for a period of time. Again, an experienced law attorney can best help you navigate the application process to best manage any prior transfers for your benefit. ![](https:///Data/Accounts/Files/1/5de8b1fa77954bed0ff439c8c005d20b-medical-g623627b2d_1920-min.jpg) ##Medicare and Medicaid– What are some recent developments? A few months ago, the Beneficiary Enrollment Notification and Eligibility Simplification (BENES) Act was signed into law. It eliminates the long waiting period, sometimes up to 7 months, for coverage for certain enrollees. Beginning in 2023, coverage for Medicare will being in the month after the participant enrolls. A few weeks ago, a group of Democrats reintroduced legislation in the Senate to lower the age from 65 to 50 in order to qualify for Medicare benefits. If passed, this would mean millions more Americans would become eligible for Medicare. Proponents of the legislation contend that getting folks on Medicare could save lives and provide much-needed care. They point to the fact that many people don’t have access to private insurance, and so care is delayed. That becomes both financially and physically costly down the road. Opponents, of course, point out the financial strain it would cause on the federal budget. Some also claim that this expanded healthcare might allow more folks to retire at a younger age, putting a strain on the workforce. Hospitals oppose the legislation, as Medicare reimbursement rates are much lower than what the hospital would receive from private insurance plans. Recent news in the Medicaid world is that work requirements have become all but extinct. Former President Trump made it clear under his presidency that he supported Medicaid work requirements. Meaning, Medicaid recipients would be required to work, look for work, or participate in volunteer work each month. If the requirement wasn’t met, Medicaid coverage would be lost. There were several exceptions to the rule, such as for pregnant women, full-time students, primary caregivers to dependents, the elderly, and the disabled. Several states submitted Medicaid waivers to implement Medicaid work requirements, and some were approved. Arkansas was the first state to implement such a work requirement policy. They had their program in place for about a year before a federal judge halted it. While litigation was pending, President Biden was elected. He has made it clear that his administration does not support Medicaid work requirements, and so those will not be implemented by states going forward. Medicare and Medicaid are two very different programs; each provides certain benefits has certain criteria for enrollment. Between the two, however, only Medicaid will cover long-term care expenses for more than 100 days. Getting long-term care Medicaid can be a tedious process, and legal strategies can be employed that will help you protect assets while getting needed care. If you or someone in your care needs long-term care soon, or you would like to be proactive and protect assets in advance for more asset protection, then a [health care law attorney](https://www.barrettlaw.com/practice-areas/health-care-law) can be in your corner and help you navigate the legal strategies available to you. **Sources:** [Who is Eligible for Medicare](https://www.hhs.gov/answers/medicare-and-medicaid/who-is-eligible-for-medicare/index.html) [Medicare's Limited Nursing Home Coverage](https://www.elderlawanswers.com/medicares-limited-nursing-home-coverage-12131) [Nursing Home Care](https://www.medicare.gov/coverage/nursing-home-care) [What is Medicare - Essential Medicare Facts You Should](https://www.ehealthmedicare.com/about-medicare-articles/facts-about-medicare/#:~:text=Medicare%20Part%20B&text=Part%20B%20benefits%20cover%20certain,for%20people%20with%20high%20incomes) [Original Medicare (Part A and B) Eligibility and Enrollment](https://www.cms.gov/Medicare/Eligibility-and-Enrollment/OrigMedicarePartABEligEnrol) [BENES Act Goes Into Effect in 2023](https://www.thestreet.com/retirement-daily/social-security-medicare/benes-act-goes-into-effect-in-2023) # Preparing for the California Privacy Rights Act | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/cybersecurity/preparing-your-businesss-privacy-policy-for-the-california-privacy-rights-act ##[Blog](https:///blog) [Back to Cybersecurity](https:///blog/cybersecurity) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/cybersecurity/preparing-your-businesss-privacy-policy-for-the-california-privacy-rights-act) #Preparing Your Business’s Privacy Policy for the California Privacy Rights Act The Digital Age has brought more data collection than ever thought possible. Despite this increase in consumer data collection, Congress has yet to pass any federal regulation governing collection. As a result, many state legislatures across the country are scrambling to enact legislation that will protect its citizens’ data privacy. Though Indiana has yet to pass its own comprehensive privacy legislation, the legislation of other jurisdictions has extensive implications for Indiana business owners as they become subject to contrasting data privacy laws of other states. Business owners in all states should be aware of laws and initiatives as they develop to ensure they are in compliance and to avoid fines or lawsuits. California has proven to hold businesses to the strictest standard in the United States in protecting their citizens’ data privacy with the introduction of the California Consumer Protection Act (CCPA) in 2018, and the California Privacy Rights Act (CPRA), which will take effect January 1, 2023. Businesses without a California presence may believe a law passed in California does not affect their operations, but the California laws regulate all entities that serve or employ residents of California and collect revenue from selling personal data, even if the business exists outside the state. Therefore, if your business serves even one California resident, it is subject to the requirements set in the forthcoming CPRA. To ensure compliance with new laws such as the CPRA and to protect your business from data breaches, lawsuits, or fines, it is imperative to have an updated privacy policy that meets the standards set forth in the CPRA. A solid externally-facing privacy policy describes the information a business collects and explains how the information is collected in a way that is easy for consumers to understand. It should also ensure that consumers are aware of their rights under applicable law, and provide a designated person whom consumers may contact to opt-out of data collection, access the data collected, or to ask general questions related to the privacy policy. A privacy policy will protect not only your consumers, but also your business. In the unfortunate event of a data breach, a properly implemented and updated privacy policy can shield your business from liability or otherwise mitigate exposure. The CCPA and CPRA define numerous rights for California residents, including specific rights regarding access and restricting use of data collected. The CCPA, a revolutionary advancement in data privacy laws, defines personal information broadly to give citizens sweeping protection from data collection. Under the CCPA, personal information includes common identifications such as address and full name, but goes further to include email addresses, credit card transactions, IP addresses, household information, and biometric data. The CPRA takes this legislation a few steps further. The CPRA builds on the foundation of the CCPA, expanding its scope to include more businesses and defining a new category of information: “sensitive personal information.” This category includes social security numbers, sexual health or orientation status, biometric data, and geolocation data. Finally, the CPRA bolsters existing rights under the CCPA and adds new consumer rights such as the right to opt out of automated decision making and the right to not only access, but also correct data. An effective privacy policy should reach the standard of the CPRA even if the business currently does not serve any California residents. Early compliance guards against liability if your company does serve a California customer, prepares for new laws passed by states that your company currently serves, and will make your company ready for potential overarching federal data privacy regulation. If your business is looking to update its privacy policy to ensure compliance with new data privacy laws please contact a member of the [Cybersecurity team](https://www.barrettlaw.com/practice-areas/cybersecurity-and-privacy) at Barrett McNagny. Tagged Attorneys [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [James J. O'Connor](https:///our-people/james-j-oconnor)| # Benefits of an Employee Handbook | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/benefits-of-an-employee-handbook ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/benefits-of-an-employee-handbook) #Benefits of an Employee Handbook ##What is an Employee Handbook? An Employee Handbook (sometimes called an employee manual) is a written set of policies, procedures, and practices often provided to new employees at the start of their employment with the company. An Employee Handbook is designed to provide employees with guidance, procedures, expectations (of both the employee and the employer), and other information related to their employment. Employee Handbooks can be used by employees at the start of employment to learn the employer’s core values, mission, and other pertinent onboarding information. Employee Handbooks can also serve as a reference tool for employees to use throughout their employment regarding policies, procedures, and expectations. ![](https://www.barrettlaw.com/Data/Accounts/Files/1/c3e7c63aaf951fe8f964dbbb0fc5d48a-pens-gc1ff0f580_1920-min.jpg) ##Why is an Employee Handbook Important? Employee Handbooks can achieve a variety of objectives for an employer. It is important to note that there is no law requiring an employer to create and issue an Employee Handbook. However, depending on where the employer is located and/or the number of employees, the employer may be required to provide their employees with notice of certain legal rights and other policies. An Employee Handbook is the perfect place for such notices and policies and their distribution to employees. All employers, regardless of size of employee base, should consider an Employee Handbook. There are four reasons why creating and maintaining an Employee Handbook is beneficial: 1. **Employee Handbooks set realistic expectations**. Employee Handbooks outline the employer’s expectations for workplace conduct and should clearly describe policies and procedures to which employees should adhere. When such policies and procedures are violated, Employee Handbooks should also clearly describe what and how misconduct will be disciplined. In addition to employee expectations, Employee Handbooks should also include what employees can expect from the employer. This provides clarity and sets expectations for the course of the employment relationship, allowing both the employer and the employee to have a written document to which to refer to reduce confusion around those policies. 1. **Employee Handbooks assist the Company with applying policies uniformly and fairly.** A frequent claim made against employers is that the employer failed to treat an employee fairly. Employee Handbooks help ensure that all employees are made aware of the employer’s policies and practices so that when conflicts arise, the employer enforces policies uniformly and fairly according to those described in the Employee Handbook. Treating employees uniformly and fairly also reduces an employer’s legal risk. By ensuring that the employees are made aware of policies and ensuring they are subsequently enforced and interpreted uniformly and fairly in regard to all employees, the employer supports its defense against unfair treatment claims. 1. **Employee Handbooks provide guidance for supervisors.** Supervisors are often the front-line observers of misconduct and generally the first level of employee disciplinary authority. A well drafted Employee Handbook serves as guidance for supervisors to ensure that policies and procedures are applied uniformly and fairly. Disputes and misconduct are inevitable in the workplace, but supervisors who uniformly and fairly apply workplace practices to all employees contribute to the employer’s retention of employees and morale. Employee Handbooks are also a tool to empower supervisors to manage and resolve conflicts by using the Employee Handbook as a roadmap for workplace issues. 1. **Employee Handbooks help fulfill legal obligations.** As mentioned above, some states require employers to distribute certain legal notices, policies, and laws to their employees in writing. For employers obligated to do so, many find that the Employee Handbook is the best place to fulfill those legal obligations. In addition, employers may find it beneficial to include in an Employee Handbook policies such as those related to anti-discrimination, anti-harassment, certain employee benefits, and laws related to the employer’s industry and location. Once developed, it is important that employers maintain their Employee Handbooks and keep them up to date as laws and regulations change. Employment laws vary by business type, size, and location. Ensuring your company’s Employee Handbook remains current and legally sound is a critical component in protecting the company and defending against potential disputes and lawsuits. Is it time for your company to update or develop an Employee Handbook? Contact [Barrett McNagny’s Labor and Employment section](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) to discuss your company’s legal needs. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Fleck Admitted to Practice in Texas | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/fleck-admitted-to-practice-in-texas ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/fleck-admitted-to-practice-in-texas) #Fleck Admitted to Practice in Texas **Barrett McNagny LLP** is pleased to announce that [Connor Fleck](https://www.barrettlaw.com/our-people/connor-fleck)** **has been admitted to practice law in the state of Texas. He is also licensed to practice before the state courts in Indiana, Illinois, Ohio, Tennessee, Wisconsin and Vermont and he is licensed to practice patent law before the U.S. Patent and Trademark Office. Mr. Fleck concentrates his practice in intellectual property assisting clients with filing for patents, securing trademarks and helping to register and enforce copyrights. ![](https:///Data/Accounts/Files/1/680c56cc66c48ce7d96bf9858f8c1565-BannerforConnorFleckforTexasBar-min.jpg) Connor, a graduate of Homestead High School, is a member of the Allen County Bar Association and the Indiana Bar Association. He graduated from Ohio Northern University with a B.S. in Mechanical Engineering and received his J.D., from Wisconsin Law School. While in law school he was a student associate at the Law and Entrepreneurship Clinic. He is admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Indiana. Tagged Attorneys [Connor Fleck](https:///our-people/connor-fleck)| # Best McNagny Listing in 2023 "Best Law Firms" | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/best-mcnagny-listing-in-2023-best-law-firms-rankings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/best-mcnagny-listing-in-2023-best-law-firms-rankings) #Best McNagny Listing in 2023 "Best Law Firms" Rankings **Barrett McNagny ****LLP** is proud to announce that the firm was ranked in the 2023 “Best Law Firms” rankings by **U.S. News Media Group** and **Best Lawyers®**. The firm was recognized for its first tier ranking in the Fort Wayne area in the following practice areas: -Banking and Finance Law -Business Organizations (including LLCs and Partnerships) -Commercial Litigation -Corporate Law -Labor Law- Management -Litigation – Insurance -Litigation- Labor and Employment -Personal Injury Litigation- Defendants -Real Estate Law -Trusts & Estates Law These rankings showcased fewer than 10,000 law firms across the country. Firms were often separated by small or insignificant differences in overall score, so a tiering system, rather than a sequential system is used. The first-tier ranking includes those firms that scored within a certain percentage of the highest-scoring firm(s); the second tier, those firms that scored within a certain percentage of the next highest scoring firm(s), etc. The number of tiers included in each practice area or metropolitan area varies. **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found at http://www.bestlawyers.com/About/MethodologyBasic.aspx. # Benefit Contribution Limits Increase in 2023 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/benefit-contribution-limits-increase-in-2023 ##[Blog](https:///blog) [Back to Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/benefit-contribution-limits-increase-in-2023) #Benefit Contribution Limits Increase in 2023 The Internal Revenue Service(IRS) and the Social Security Administration have increased the maximum benefit/contribution limits for 2023. Below is a chart showing the 2021 and 2022 limits and the new amounts for 2023. If you have any questions about the chart below please contact a member of [Barrett McNagny's Employee Benefits Team](https://www.barrettlaw.com/practice-areas/employee-benefits-law). ![](https:///Data/Accounts/Files/1/741bc64a8e95b97de258b95e4f615e9c-ChartRevised-min.png) Tagged Attorneys [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky)| # Updated "Know Your Rights" Poster | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/eeoc-releases-updated-know-your-rights-poster-for-employers ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/eeoc-releases-updated-know-your-rights-poster-for-employers) #EEOC Releases Updated 'Know Your Rights' Poster for Employers On October 19, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) updated its “Know Your Rights” poster. This poster updates and replaces the previous “EEO is the Law” poster. [View the poster](https://www.eeoc.gov/newsroom/eeoc-releases-updated-know-your-rights-poster). Covered employers are required by federal law to prominently display the poster at their work sites. The posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, covered employers are encouraged to post a notice digitally on their websites in a conspicuous location. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or for employees who telework or work remotely and do not visit the employer's workplace on a regular basis), it may be the only posting. Covered employers are subject to fines for noncompliance. The Americans with Disabilities Act (ADA) requires that notices of federal laws prohibiting job discrimination be made available in a location that is accessible to applicants and employees with disabilities that limit mobility. If you have questions regarding the poster please contact a member of the [Labor and Employment team](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Finalist In the 21st Annual M&A Advisor Awards | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/barrett-mcnagny-announced-as-a-finalist-in-the-21st-annual-manda-advisor-awards ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/barrett-mcnagny-announced-as-a-finalist-in-the-21st-annual-manda-advisor-awards) #Barrett McNagny Announced as a Finalist In the 21st Annual M&A Advisor Awards The M&A Advisor announced the finalists of the 21st Annual M&A Advisor Awards. Barrett McNagny was named a finalist in three categories: the Energy Deal of the Year; Telecommunications Deal of the Year; and the Corporate/Strategic Deal of the Year (Between $10MM- $25MM). The awards will be presented and winners revealed at a Black-Tie Gala on Tuesday, November 15, 2022 in New York City. “Since 2002, we have been honoring the leading M&A transac­tions, companies and dealmakers. Barrett McNagny was chosen from hundreds of participating companies to become an awards finalist. It gives us a great pleasure to recognize Barrett McNagny as finalists for mergers and acquisitions firms and professionals,” said Roger Aguinaldo, Founder and CEO of The M&A Advisor. “Barrett McNagny represents the best of the M&A industry in 2021-22 and earned these finalist honors by standing out in a group of very impressive candidates.” “Our M&A team at Barrett McNagny is humbled to be among the M&A Advisor’s 2022 finalists,” commented John Barce, a partner at Barrett McNagny. “We are thankful for the confidence our clients have in our Firm to assist them through these transactions.” The Awards Gala is a feature of the 2022 Future of Dealmaking Summit. The Summit will take place on November 15, 2022 and will feature over 350 of the industry’s leading professionals participating in exclusive interactive forums, sessions, roundtable discussions, one-on-one meetings and a solutions provider showcase led by a faculty of M&A industry stalwarts and business media experts. For an event profile [**CLICK HERE.**](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fevents.maadvisor.com%2F2022_MA_Advisor_Summit_and_Awards&data=05%7C01%7Cmjr%40barrettlaw.com%7C615b0cbfb2c84ffe756d08daa147cf0f%7C1276106541c54441afeb32bda0bebe5a%7C0%7C0%7C637999627046253144%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=W0jy7NeHVMR9ci%2B02bZioL1uOwo9kiaJMb%2Bl0runv7Y%3D&reserved=0) **For a complete list of finalists **[**CLICK HERE.**](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmaadvisor.com%2FMANY%2F2022-MANY%2F21st_Annual_MA_Award_Finalist_List.pdf&data=05%7C01%7Cmjr%40barrettlaw.com%7C615b0cbfb2c84ffe756d08daa147cf0f%7C1276106541c54441afeb32bda0bebe5a%7C0%7C0%7C637999627046253144%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kkNLDVFNHDV%2BqyIv%2F8MkwhrDL1B7NKs0hSGy9kYreeA%3D&reserved=0) Barrett McNagny LLP is among the largest northeastern Indiana law firms and one of the oldest law partnerships in the state. Founded in 1876, Barrett McNagny LLP offers a full range of legal services to clients in northern Indiana, western Ohio and southern Michigan. **THE M&A ADVISOR** Now in its 24th year, The M&A Advisor was founded to offer insights and intelligence on mergers and acquisitions, establishing the industry’s leading media outlet in 1998. Today, the firm is recognized as the world’s premier leadership organization for mergers & acquisition, restructuring and corporate finance professionals, delivering a range of integrated services from offices in New York and London. [www.maadvisor.com](https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.maadvisor.com%2F&data=05%7C01%7Cmjr%40barrettlaw.com%7C615b0cbfb2c84ffe756d08daa147cf0f%7C1276106541c54441afeb32bda0bebe5a%7C0%7C0%7C637999627046253144%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=U53JYnZjkyurD7DwWxEwYYqjlQ%2BStzjBrdMM2xhHIGQ%3D&reserved=0). Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [George Pappas](https:///our-people/george-pappas)| [David R. Steiner](https:///our-people/david-r-steiner)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Fitzharris Appointed to Committee | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/fitzharris-appointed-to-committee ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/fitzharris-appointed-to-committee) #Fitzharris Appointed to Committee **Kevin K. Fitzharris** has been appointed to the Indiana Supreme Court’s Character and Fitness Committee. The committee is responsible for conducting the character and fitness interviews of applicants seeking admission to the Indiana Bar. **Mr. Fitzharris**, a partner, is a registered civil mediator and a member of The National Academy of Distinguished Neutrals, an association whose members are thoroughly vetted and found to meet stringent practice standards. He concentrates his litigation practice in the areas of alternative dispute resolution and commercial litigation, focusing most of his time on serving as a mediator to help individuals and entities resolve their disputes before filing suit or before trial. With over thirty years of litigation experience, Kevin has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. **Mr. Fitzharris** is a highly skilled mediator having mediated thousands of cases and is listed in the Best Lawyers in America and the Indiana Super Lawyers publications. He is a member of the Defense Trial Counsel of Indiana, the Defense Research Institute, the American Bar Association and the Allen County Bar Association where he is the co-chair of the Alternative Dispute Resolution Section. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| # 2023 “Lawyers of the Year” Attorneys | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) #Barrett McNagny Attorneys Recognized as “Lawyers of the Year” in Best Lawyers® in America **Barrett McNagny ****LLP** is proud to announce that seven firm attorneys were selected by their peers for inclusion in **The Best Lawyers in America® 2023 **as “Lawyer of the Year” in their respective practice areas. [John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce) was selected “Lawyer of the Year,” Fort Wayne, in the area of Business Organizations (including LLCs and Partnerships). [Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) was selected “Lawyer of the Year,” Fort Wayne, in the area of Litigation- Insurance. [Michael P. O’Hara](https://www.barrettlaw.com/our-people/michael-p-ohara) was selected “Lawyer of the Year,” Fort Wayne, in the area of Banking and Finance Law. [Trisha J. Paul](https://www.barrettlaw.com/our-people/trisha-j-paul) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Trusts and Estates. [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey)** **as selected “Lawyer of the Year,” Fort Wayne, in the area of Medical Malpractice Law- Defendants [David Steiner](https://www.barrettlaw.com/our-people/david-r-steiner) was selected “Lawyer of the Year,” Fort Wayne, in the area of Corporate Law. [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) was selected “Lawyer of the Year,” Fort Wayne, in the areas of Labor Law Management and Litigation- Labor and Employment. They received this distinction based upon peer ratings. Only a single lawyer in each practice area in each community annually is honored as a “Lawyer of the Year.” **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [Learn more about the selection methodology for inclusion in the publication.](https://www.bestlawyers.com/methodology) Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Attorneys Listed in 2023 Best Lawyers in America | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/firm-attorneys-listed-in-the-2023-best-lawyers-in-america-publication ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/firm-attorneys-listed-in-the-2023-best-lawyers-in-america-publication) #Firm Attorneys Listed in the 2023 Best Lawyers in America Publication **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The Best Lawyers in America® 2023 **in their respective practice areas: - **Mark H. Bains: ** Real Estate Law and Litigation- Real Estate - **John C. Barce: **Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Businesses Law; Corporate Law - **H. Joseph Cohen: **Employment Law- Management; Health Care Law; Labor Law - Management - **Kevin K. Fitzharris:** Commercial Litigation - **Richard E. Fox: **Banking and Finance Law; Commercial Finance Law; Corporate Law - **Marcus A. Heminger**: Securitization and Structured Finance Law - **N. Thomas Horton II: **Employee Benefits (ERISA) Law - **Benjamin D. Ice: **Litigation – Insurance - **Robert T.** **Keen: ** Bet-the-Company Litigation; Civil Rights Law; Commercial Litigation; Litigation – Labor & Employment; Litigation – Municipal; Personal Injury Litigation – Defendants - **Thomas M**. **Kimbrough:** Litigation – Insurance; Employment Law-Management - **Michael H. Michmerhuizen**- Appellate Practice; Commercial Litigation - **Patrick G. Murphy: ** Litigation – Insurance - **Henry P.** **Najdeski:** Corporate Law; Real Estate Law - **Joshua C. Neal:** Land Use and Zoning Law; Real Estate Law - **Thomas M. Niezer: ** Real Estate Law** ** - **James J. O’Connor: ** Labor Law – Management - **Michael P. O’Hara:** Banking and Finance Law; Corporate Law - **Trisha J. Paul: ** Trusts and Estates - **William A. Ramsey**: Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants - **Cathleen M. Shrader: **Appellate Practice; Commercial Litigation - **David R. Steiner**: Corporate Law; Environmental Law; Real Estate - **Rachel K. Steinhofer**: Litigation- Labor and Employment - **Anthony M. Stites: ** Employment Law – Management; Labor Law – Management; Labor Law – Union; Litigation – Labor and Employment - **Emily S. Szaferski: ** Family Law - **Samuel J. Talarico, Jr.: **Corporate Law; Mergers and Acquisitions Law - **Philip A. Wagler: **Trusts and Estates - **Jeffrey M. Woenker: **Business Organizations (Including LLCs and Partnerships); Corporate Law The following firm attorneys were selected by their peers for inclusion in **The 2023 Best Lawyers in America®**: **Ones to Watch** in their respective practice areas: - **Thomas E. Ludwiski** - **Justin T. Molitoris** - **Carta H. Robison** - **Michael C. Ross** - **Casie J. Towsley** **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found at [http://www.bestlawyers.com/About/MethodologyBasic.aspx](https://http://www.bestlawyers.com/About/MethodologyBasic.aspx) Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # How to Settle a Claim When A Child is Injured | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/how-to-settle-a-claim-when-a-child-is-injured ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/how-to-settle-a-claim-when-a-child-is-injured) #How to Settle a Claim When A Child is Injured It is not uncommon for children to be injured in accidents, such as motor vehicle collisions, dog bites, falls from outdoor play equipment, etc. When a minor is injured in an accident, they have, and often bring through a parent or other representative, a claim against the person who is responsible for the injury. The minor’s claim is considered an asset of that child, not their parents. It is important to also note that a settlement agreement for an injury claim is a contract. The injured party is contracting to give up their rights to additional compensation and/or the chance to have their claim heard by a jury in exchange for a set, agreed dollar amount. Here in Indiana, as in most states, a contract entered into when one party is a minor can be voided when that child turns 18 years old. Because of that rule, which would make settling a minor’s claim difficult, the Indiana legislature has enacted laws which make settlements for claims of a minor final and binding, even after the child becomes an adult. Under these laws, parents and legal guardians of minors are permitted to negotiate and settle a legal claim on behalf of the child. Indiana Code § 29-3-9-7. However, before the settlement can be made final, the parents or legal guardian must file a petition with the court requesting approval for the settlement. This petition should be filed either in the county where the minor lives or in the county where a lawsuit regarding the incident has been filed. ![](https:///Data/Accounts/Files/1/d249809228eab67bfe7953e7d4f9ec9e-crash-test-collision-60-km-h-distraction-163016-min.jpeg)If settlement for a minor’s injuries is for an amount more than $10,000, the State requires a Court to establish a guardianship over the child. Indiana Code § 29-3-3-1. This guardianship does not have an effect on the status of a parent or other legal guardian over the person of the child. It simply creates authority for the guardian to manage the minor’s financial affairs related to the settlement. A petition to establish a guardianship is filed by the individual(s) requesting to be appointed guardians. The petition must explain the reason why a guardianship is being requested. Indiana Code § 29-3-5-1. When a guardianship is established for a settlement purpose, the petition to establish guardianship and the petition for the court to approve settlement should be filed at the same time. The court will hold a hearing on both requests. The parents or legal guardians will be asked to explain to the court the circumstances that led to the injury, the condition and treatment of the minor after the injury, and why the agreed settlement is in the best interest of the child. After settlement has been approved by the court (and a guardianship established, if necessary), funds are released and provided to the parent or legal guardian. The full amount of the settlement money must be applied “to the support, use, and benefit of the minor.” If there are outstanding medical bills for the child’s treatment, the court can authorize disbursements from the settlement funds to the individual providers. The balance of the settlement money will then be disbursed to the child, through the guardian, who then must deposit the funds into a restricted account in the name of the minor. Any withdrawal of funds before the minor reaches 18 must have prior approval of the court. The court will require parents/guardians to provide documentation to prove that the settlement money was handled as required. When the minor reaches the age of 18, they are to be given access and control over all of the money in the account. If your child was injured in an accident caused by someone else’s negligence, or if your or you company is the subject of a claim related to an injury to a minor, it is wise to seek out the advice of an attorney before signing any settlement agreements or releases. Having an attorney represent you during the settlement negotiations will ensure you are not waiving any claims or rights on behalf of your child. For questions contact a member of [Barrett McNagny's Litigation team](https://www.barrettlaw.com/practice-areas/litigation-services). # Powers of Attorney & Health Care Representatives | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/powers-of-attorney-and-appointments-of-health-care-representative ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/powers-of-attorney-and-appointments-of-health-care-representative) #Powers of Attorney and Appointments of Health Care Representative- Why are they important? Two very common tools for a complete and thorough estate plan are a Power of Attorney and an Appointment of a Health Care Representative. While neither is the focal point for most people’s estate plan, they are both necessary to a complete estate plan and are tools to provide an individual with the comfort of knowing that, in the event of their incapacity, they are in good hands. ##What Does a Power of Attorney Do? The Power of Attorney allows for the principal to entrust the attorney-in-fact (or agent) with the authority to make certain financial decisions for the principal. The types of financial decisions for the principal that an attorney-in-fact can make can vary by state, but Indiana statute provides that an attorney-in-fact has the powers enumerated in I.C. Article 30-5, which include, but are not limited to, the power to engage in real property transactions for the principal, the power to make bank transactions for the principal, and the power to make claims and enter into litigation on behalf of the principal. See I.C. Chapters 30-5-2; 30-5-5; 30-5-11. Each principal executing a Power of Attorney may select which powers to exclude, and which powers might be added. The Power of Attorney is specifically useful if the principal becomes incapacitated or unable to make competent financial decisions. Under these circumstances, the attorney-in-fact can act in a way that is in the principal’s best interest when the principal is unable to act. The attorney-in-fact has a fiduciary duty to act in the principal’s best interest, and so, although the Power of Attorney grants powers to the attorney-in-fact, his or her fiduciary duty to act in the best interest of the principal provides a cheque on that power by making the attorney-in-fact personally liable for any acts taken that are not in the best interests of the principal, whether those acts are malicious or merely negligent. ##What Does a Legal Healthcare Representative Do? The Appointment of Healthcare Representative document is similar to the Power of Attorney, except that in this document, the principal entrusts the healthcare representative (or agent) with the authority to make health care related decisions for the principal in the event that the principal becomes incapacitated. Incapacitation is determined by the principal’s treating physician. I.C. § 16-36-7-35.Once the physician has determined that the principal is incapacitated, the appointed health care representative can make medical decisions for the principal. The Appointment of Health Care Representative document works in tandem with a Living Will. A Living Will is a document that instructs the health care representative concerning life-prolonging procedures in the event that the principal’s death will occur within a short time. A Living Will is just an instruction and it is not legally binding; so even though a principal can instruct a health care representative to not elect to use life-prolonging procedures, the health care representative, if they so choose, can still elect to use them if they believe it to be in the best interest of the principal. However, even though the Living Will is not legally binding, we find that most individuals appointed as health care representatives appreciate also having a Living Will so that they can carry out the principal’s wishes. So, even though the Power of Attorney and the Appointment of Health Care Representatives do not deal with the distribution of property, they are still important documents for the composition of a complete estate plan. They provide a way for a principal’s interests to be carried out if the principal cannot carry out those interests for himself or herself, and they provide comfort and security to those who elect to use them. Please contact a member of [Barrett McNagny’s Estate Planning team](https://www.barrettlaw.com/practice-areas/estate-planning) with any questions about these or any other issues related to your estate plan. Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| # New Indiana Laws to Take Effect July 1, 2022 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/new-indiana-laws-taxes-real-estate ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/new-indiana-laws-taxes-real-estate) #New Indiana Laws to Take Effect July 1, 2022 The 2022 legislative session wrapped up on March 9, 2022, ending a short session that was packed with several high-profile bills. One of the key priorities of the 2022 legislative session was comprehensive tax reform, which resulted in a $1.1 billion tax cut for Hoosier residents. Other widely discussed bills included the repeal of the handgun permit requirements and a bill addressing high school student participation in sports. Below is a summary of some of the key legislative developments from the 2022 session. ##[TAXES](https://www.barrettlaw.com/practice-areas/tax-law-and-taxation) Perhaps the most significant piece of legislation in 2022 was HEA 1002.Legislators from both chambers spent most of the session negotiating the terms of this legislation, which culminated in the passage of HEA 1002.Key provisions include a cut in the state income tax rate from 3.23% to 2.9% over seven (7) years if certain economic conditions are met and repeal of the utility receipts tax. Another new bill for 2022 was HEA 1303.This bill allows an Indiana taxpayer to obtain a credit against state income taxes for contributions made to an Indiana ABLE 529A savings plan. The amount of the credit is equal to the lesser of (i) 20% of the amount of contributions to the Indiana ABLE 529A savings plan, (ii) $500, or (iii) the taxpayer’s adjusted gross income tax as reduced by any credits. ##[REAL ESTATE/DEVELOPMENT](https://www.barrettlaw.com/practice-areas/real-estate-law) SEA 119 allows a designating body such as a city, town, or county to declare an area predominately used for agricultural purposes as an economic revitalization area. The practical effect of this law is that certain agricultural improvements such as barns, grain bins, and silos as well as farm equipment such as combines and tractors may now qualify for a property tax abatement. The abatement on an agricultural improvement is based on the increase in assessed value as a result of the improvement and lasts for a maximum period of five years. To obtain an agricultural abatement, property owners will need to follow a similar process as other applicants, including the filing of a statement of benefits. HEA 1048 made a few changes to sheriff’s sales for foreclosure properties. Sheriffs are now permitted to conduct the public foreclosure action electronically. In addition, this law establishes a list of persons who are ineligible to bid on properties in a foreclosure sale. These ineligible bidders include persons who are subject to certain orders under an unsafe premises law (e.g., neighborhood code enforcement orders), persons who owe delinquent real or personal property taxes, business entities if any of the business’s members are subject to enforcement actions under an unsafe premises law, and foreign businesses that have not obtained a certificate of authority from the Indiana Secretary of State. Bidders will now be required to sign a statement certifying they are not ineligible to bid. Another new development relates to the authority of homeowner’s associations to regulate solar power systems within their communities. Under prior law, homeowner’s associations could prohibit residents from installing solar devices on their roofs and in their yards. As a result of HEA 1196, which took effect March 14, 2022, if a homeowner requests to install a solar system on the homeowner’s property and that request is denied by the homeowner’s association or architectural board, the property owner may petition the members of the association for approval to install the solar system. If the petition is signed by the lesser of 65% of the members of the association or the minimum number of members required to amend the association’s bylaws or covenants, the homeowner can submit the petition to the association’s board. Upon receipt of an approved petition, the association’s board cannot deny the request from the homeowner. The bill also places limitations on the reasons for which a homeowner’s association may deny a request for a solar system. HEA 1262 prescribes certain rules for eminent domain actions that involve the taking of an outdoor advertising sign. INDOT is now required to provide notice of a project at least 12 months prior to the project beginning if the project will involve the taking of an outdoor advertising sign. In addition, any entity that exercises eminent domain is now required to pay full compensation for an outdoor advertising sign in an amount equal to the fair market value of interests associated with the sign, including leasehold interests and access rights. ##**UTILITIES** 2022 also saw some changes with respect to the utility industry. One of the bills that generated a lot of discussion this session was HEA 1245.This law prohibits most municipally owned utilities from charging a “capacity related fee,” (e.g., a system development charge, availability fee, and interceptor fee) or tap fee that includes contributions in aid of construction. This law was intended to prevent utilities from double dipping by charging capacity related fees even if some or all of the infrastructure at issue was financed by a contribution in aid of construction. SEA 272 and SEA 273 both arose out of the wastewater task force that was created during the 2021 legislative session. Both laws offer a comprehensive set of regulations with respect to the financing and development of water and wastewater assets. Some of the key provisions include requirements for maintaining and providing an asset management program as a condition of receiving a grant, loan, or other financial assistance from the IFA.SEA 272 also establishes rules for utilities that are not under the jurisdiction of the IURC with respect to the approval of rates and charges if the utility receives enforcement orders from IDEM. For example, if a utility that is not currently under the IURC’s jurisdiction receives two (2) enforcement actions from IDEM within two (2) years, the utility becomes subject to the jurisdiction of the IURC with respect to the approval of rates for a minimum period of either five (5) years or one (1) year after the filing of a second base rate case. ##[ESTATE PLANNING](https://www.barrettlaw.com/practice-areas/estate-planning) During the 2022 legislative session, there were a couple of key changes in the area of estate planning. SEA 67 increases the value of small estates that can be distributed by affidavit or summary estate distribution procedures from $50,000.00 to $100,000.00.Thus, if the value of the estate, after taking into consideration liens and other encumbrances, is less than $100,000.00, the opening of an estate under IC 29-1-7 or 29-1-7.5 is not necessary. In addition, HEA 1205 establishes the Uniform Trust Decanting Act in Indiana and grants certain powers to trustees such as the power of a trustee of an irrevocable trust to appoint a successor trustee or multiple trustees and to make limited modifications to an irrevocable trust, including an asset transfer to a new trust. ##**MISCELLANEOUS** HEA 1041 generated a lot of attention during the 2022 legislative session. This law requires school corporations to designate athletic teams or sports as being male, female, or co-educational and prohibits males (based on the student's biological sex at birth in accordance with the student's genetics and reproductive biology) from participating in an athletic team or sport that has been designated by the school as female. This bill was vetoed by Governor Holcomb, and the general assembly was called back for an override vote, which passed by wide margins in both the house and the senate. HEA 1296 removed the license requirements for handgun owners to carry their firearms in this State. Although this bill generally allows law-abiding handgun owners to carry on their person or vehicle within this State, there still are some places where guns are not permitted. These include school property, school buses, aircrafts, airports, and shipping ports. With the passage of this law, Indiana joins 21 other states that allow some form of permit-less carry. Barrett McNagny LLP is a full-service law firm with a dedicated team that can help you navigate the impacts of any new laws on you or your business. If you have any questions about the 2022 legislative session and what these laws mean for you, please contact one of our professionals today. # Fleck Admitted to Practice Law in Tennessee and Ohio | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/fleck-admitted-to-practice-law-in-tennessee-and-ohio ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/fleck-admitted-to-practice-law-in-tennessee-and-ohio) #Fleck Admitted to Practice Law in Tennessee and Ohio **Barrett McNagny LLP** is pleased to announce that [Connor Fleck ](https://www.barrettlaw.com/our-people/connor-fleck)has been admitted to practice law in the states of Tennessee and Ohio. He is also licensed to practice before the state courts in Indiana, Illinois, Wisconsin and Vermont and he is licensed to practice patent law before the U.S. Patent and Trademark Office. Mr. Fleck concentrates his practice in intellectual property assisting clients with filing for patents, securing trademarks and helping to register and enforce copyrights. Connor, a graduate of Homestead High School, is a member of the Allen County Bar Association and the Indiana Bar Association. He graduated from Ohio Northern University with a B.S. in Mechanical Engineering and received his J.D., from Wisconsin Law School. While in law school he was a student associate at the Law and Entrepreneurship Clinic. He is admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Indiana. Tagged Attorneys [Connor Fleck](https:///our-people/connor-fleck)| # Waivers, Releases, and Exculpatory Enforceable? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/are-waivers-releases-and-exculpatory-agreements-enforceable ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/are-waivers-releases-and-exculpatory-agreements-enforceable) #Are Waivers, Releases, and Exculpatory Agreements Enforceable? Indiana courts have adopted the majority view which provides that, absent a statute or public policy concern, pre-injury waivers and releases, or exculpatory agreements that release a party from liability for its own ordinary negligence, are generally enforceable. (Restatement (Second) of Contracts § 195, cmt. A). For example, courts across other jurisdictions have enforced liability waivers and releases to bar negligence claims brought by patrons for personal injuries against business owners or operators involving a variety of activities, including: - Horseback Riding (Heil Valley Ranch, Inc. v. Simkin, 784 P.2d 781 (Colo. 1989) - Parachute Jumping (Manning v. Brannon, 956 P.2d 156 (Okla. Civ. App. 1997) - Skiing (Chepkevich v. Hidden Valley Resort, L.P., 2 A.3d 1174 (Pa. 2010) - Scuba Diving (Boyce v. West, 862 P.2d 592 (Wash. Ct. App. 1993) - Use of Equipment at a Fitness Club (Geczi v. Lifetime Fitness, 973 N.E.2d 801 (Ohio Ct. App. 2012) - White Water Rafting (Franzek v. Calspan Corp., 434 N.Y.S.2d 288 (4th Dep’t 1980) - Rental of a Two-Wheeled Transport Vehicle (Mero v. City Segway Tours of Washington DC, LLC, 962 F. Supp. 2d 92 (D.D.C. 2013) The minority view, followed by Louisiana and Virginia, declines to enforce liability waivers and releases for personal injuries. - Louisiana (La. Civ. Code Ann. Art. 2004): Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party - Virginia (Hiett v. Lake Barcroft Cmty. Ass’n, 418 S.E.2d 894, 896-897 (Va. 1992) (holding that under Virginia law, pre-injury releases from liability for negligence resulting in personal injuries are void as against public policy) Because waivers and releases relieve a party of the obligation to use due care, they receive careful review by courts. Thus, in general, for a waiver or release to be valid and enforceable in Indiana, it must be: - Clear and unambiguous - Explicit in the parties’ intent to relieve the release party from liability and for its own negligence - Not against public policy Indiana case law has not expanded on defining clear and unambiguous, beyond stating that a contract will be found to be ambiguous only if reasonable persons would differ as to the meaning of its terms. Guidance can be drawn from other jurisdictions which suggest courts are more likely find a waiver or release clear and unambiguous if it: - Is written in plain language that a layperson can understand (Hohe v. San Diego Unified Sch. Dist., 224 Cal. App. 3d 1559, 1566 (1990)) - Is not too long and does not contain excessive legal jargon (Hamill v. Cheley Colo. Camps, Inc., 262 P.3d 945, 951 (Colo. App. 2011)) - References the type of activity, circumstances, or risks that it encompasses (Hamer v. City Segway Tours of Chicago, LLC, 402 Ill. App. 3d 42, 45 (2010)) - Is conspicuous, so that a reasonable person should be expected to notice the operative language (Berlangieri v. Running Elk Corp., 76 P.3d 1098, 1109 (N.M. 2003)) - Uses different typeface, such as larger font, capital letters, bold typeface, or italics, than the rest of the document (Geczi v. Lifetime Fitness, 973 N.E.2d 801 (Ohio Ct. App. 2012)) - Is not buried in a lengthy document or surrounded by other provisions that are difficult to identify (Leon v. Family Fitness Ctr. (No. 107), Inc., 61 Cal. App. 4th 1227, 1232 (1998)) For questions regarding the enforceability of a waiver, release or exculpatory contract contact a member of [Barrett McNagny’s Litigation team.](https://www.barrettlaw.com/practice-areas/litigation-services) Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # What is Defamation? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/what-is-defamation ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/what-is-defamation) #What is Defamation? Freedom of speech is one of the most important rights in our country. That freedom, however, does not come without consequences. Certain forms of communication, particularly those which harm others, are not always free. A false communication which causes harm to a person’s reputation, known as defamation, can subject the defamer to an expensive lawsuit and damages. In Indiana, defamation is defined as a false and malicious communication which causes damages by its publication. Actual malice exists when the party making the defamatory statement either knew the statement was false or made the statement with reckless disregard for whether it was false. Defamatory remarks are considered libel if they are made in writing and slander if they are made orally. Defamation is called “per se” if the statement in question is inherently defamatory, for example, alleging that someone has committed sexual or professional misconduct, has engaged in criminal acts, or has a contagious disease. In these and other similar instances, damages are presumed. The statute of limitations in Indiana is two years, which means that the victim only has twenty-four months from the time the false allegations were made to bring a claim. Damages are usually calculated by finding the difference between the victim’s actual earnings and the earnings projected under a theoretical circumstance wherein the defamation did not occur. However, injunctive relief, such as being forced to remove an internet post or otherwise delete or take down written statements, can also be ordered. Courts may award punitive damages designed to punish the wrongdoer for any particularly egregious conduct and to deter future misconduct. There is no mathematical formula to determine damages in defamation cases. It is up to the Court to determine the amount needed to make the victim whole and prevent further unwanted behavior. In order to be considered actionable, the defamatory statement must be an alleged fact which can be proven true or false. In other words, stating an opinion is typically not defamation but making a provably false statement is clear defamation. When in doubt, do not communicate statements of fact about another that could be false. If you do, you may find yourself in a legal battle and/or paying out damages. **About the Author:** [Patrick Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy) is an experienced trial attorney with over twenty five years of experience working with individuals and businesses to handle their litigation needs. Throughout his career he has been lead counsel on more than 100 jury trials and over 1,000 arbitrations, mediations, depositions and hearings. He can be reached at 260.423.8971 or at [pat@barrettlaw.com. ](https://mailto:mailto:pat@barrettlaw.com) Tagged Attorneys [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| # Tips for Hiring and Recruiting Employees | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/tips-for-hiring-and-recruiting-employees ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/tips-for-hiring-and-recruiting-employees) #Tips for Hiring and Recruiting Employees In today’s marketplace employers are facing challenges when it comes to hiring and recruiting for open positions. Here are a few tips for human resource professionals looking to create a successful hiring and recruiting process. ##**Draft Accurate Job Descriptions** Make sure your job description reflects the essential job functions and duties the employee is expected to perform in his or her position. A few questions that should be answered in the job description include: - What is the goal or objective of the job? - What are the tasks or duties needed to accomplish that goal? - What are the essential (versus non-essential) functions of the job? - What training or experience is vital to discharging the duties of the job? Providing a job description that properly outlines the job and its responsibilities will not only help with the interview process, but also provide potential candidates with a full understanding of the position when they apply. ![](https://www.barrettlaw.com/Data/Accounts/Files/1/f602343f64b88cabed10819b87c17134-pexels-andrea-piacquadio-3760069-min.jpg) ##**Job Applications** It is important that you uniformly gather all the data needed in the job application. This information gathered serves not only to narrow the pool of applicants, but also to measure the applicant’s’ qualifications in a controlled and impartial way. Job applications are crucial to gathering information that might not be on a candidate’s resume, such as gaps in employment history, whether there is any history of felony convictions, circumstances for leaving other employment, and names of persons who served as immediate supervisors in their prior employment. The prospective employee should verify by a signature that all information provided on the job application is true and that the employer has the applicant’s permission to check the validity of the data supplied. The applicant should also, by signing the job application, attest that he or she has read and understands specific policies of the employer, such as that the employer is an “at-will” employer. ##**Background Checks** If the job requires the handling of sensitive documents, financial records, monies or other receipts, a credit check is a prudent part of any pre-hire background check. Before proceeding with a background check, it is important to meet the requirements of the Fair Credit Reporting Act (FCRA) which includes securing the employee’s written consent before gaining access. If the applicant is not hired or promoted due in whole or in part upon the information in the credit report, a copy of the report must be provided to the applicant and the applicant must be told of his or her right to challenge the report under the FCRA. Obtaining an applicant’s criminal record has become the subject of litigation by the Equal Employment Opportunity Commission on the basis of racial discrimination. If a criminal record is needed for the position human resource professionals should seek the advice of counsel before proceeding. ##**Job Offer Letter** Once you have confirmed that the applicant is the best candidate for the position, a job offer letter, or correspondence (email is appropriate) should be sent to the individual. The letter should state the terms of employment including: - Job title or position - Salary (excluding any applicable bonus) - Payment schedule (which in Indiana generally must be every two weeks) - Date of hire - Identify job benefits If there are any contingencies to continued employment such as annual or periodic drug testing, submission to background check, or obtaining licensures, those should be outlined in a sperate paragraph. The letter should make no promises of continued employment, bonuses, or raises if they cannot be guaranteed and are not tied to job performance. If the employment is at-will, this should be included in the offer letter. ##**Rejection Letter** As a matter of courtesy, job applicants who are not chosen for an interview or a position should receive a rejection letter. A suitable response would include the following: - Thanking them for their time and interest in the position as advertised; - Making them aware that others also applied for the position; - Making them aware that they were not chosen; and - Expressing best wishes to them in regard to their job search or related professional or business endeavors. Making sure to send out a rejection letter in a timely manner is important. Although email is popular, sending a rejection letter by mail continues to be the most professional and courteous way of handling the matter. While the applicant might not fit a role within your organization now, they might in the future. Having a positive experience with your organization will encourage them to consider your organization when future positions become available. For questions regarding recruiting and hiring contact a member of [Barrett McNagny’s Labor and Employment group](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law). Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Exculpatory Clauses: Can They Protect You? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/exculpatory-clauses-can-they-protect-you ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/exculpatory-clauses-can-they-protect-you) #Exculpatory Clauses: Can They Protect You? Much like waivers and releases, Indiana courts have long recognized the validity of exculpatory contracts in which parties agree in advance that one is under no obligation of care for the benefit of the other and shall not be liable for the consequences of conduct which would otherwise be negligent. Shumate v. Lycan, 675 N.E.2d 749, 752 (Ind. Ct. App. 1997) (citing LaFrenz v. Lake City Fair Bd., 360 N.E.2d 604, 607 (Ind. Ct. App. 1977)). It is well-settled in Indiana that exculpatory contracts are not against public policy. United State Auto Club (USAC) v. Smith, 717 N.E.2d 919 (Ind. Ct. App. 1999). Generally, parties are permitted to agree that a party owes no obligation of care for the benefit of another, and thus, shall not be liable for consequences that would otherwise be considered negligent. Wabash County YMCA v. Thompson, 975 N.E.2d 362 (Ind. Ct. App. 2012) (citing Marsh v. Dixon, 707 N.E.2d 998, 1000 (Ind. Ct. App. 1999)). However, Indiana courts have held that an exculpatory clause, a clause within a contract, will not act to absolve a party from liability unless it “specifically and explicitly refer[s] to the negligence of the party seeking release from liability.” Marsh, 707 N.E.2d at 1000 (quoting Powell v. Am. Health Fitness Ctr. of Fort Wayne, Inc., 694 N.E.2d 757, 761 (Ind. Ct. App. 1998)). ![](https://www.barrettlaw.com/Data/Accounts/Files/1/04802f9f8bece9c68b1b01b8e3c41ccb-pexels-pixabay-48195-min.jpg) An exculpatory clause may be found sufficiently specific and explicit on the issue of negligence even in the absence of the word itself. Anderson v. Four Seasons Equestrian Ctr., Inc., 852 N.E.2d 576, 581 (Ind. Ct. App. 2006); c q, 975 N.E.2d 362 (Ind. Ct. App. 2021). Furthermore, an exculpatory clause not referring to the negligence of the release may act to bar liability for those damages incurred which are inherent in the nature of the activity. Anderson, 852 N.E.2d at 581. The requirement of specificity is necessary only when the risk of harm is the defendant’s own negligence. Anderson, 852 N.E.2d at 581-582. It is important to understand if an exculpatory contract, exculpatory clause, or an indemnity agreement will provide the necessary protection. Contact a member of [Barrett McNagny’s Litigation team](https://www.barrettlaw.com/practice-areas/litigation-services) with questions. # Fleck Licensed to Practice in Vermont | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/fleck-licensed-to-practice-in-vermont ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/fleck-licensed-to-practice-in-vermont) #Fleck Licensed to Practice in Vermont **Barrett McNagny LLP** is pleased to announce that [Connor Fleck](https://www.barrettlaw.com/our-people/connor-fleck)** **has been admitted to practice law in the state of Vermont. He is also licensed to practice before the state courts in Indiana, Illinois and Wisconsin and he is licensed to practice patent law before the U.S. Patent and Trademark Office. He concentrates his practice in intellectual property assisting clients with filing for patents, securing trademarks and helping to register and enforce copyrights. [![](https:///Data/Accounts/Files/1/1d7f2a3a2b1255896e7f0a1057c65d98-ConnorFleckName-min.jpg)](https://www.barrettlaw.com/our-people/connor-fleck) Connor, a graduate of Homestead High School, is a member of the Allen County Bar Association and the Indiana Bar Association. He graduated from Ohio Northern University with a B.S. in Mechanical Engineering and received his J.D., from Wisconsin Law School. While in law school he was a student associate at the Law and Entrepreneurship Clinic. He is admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Indiana. Tagged Attorneys [Connor Fleck](https:///our-people/connor-fleck)| # What is a Guardian Ad Litem and what do they do? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law/what-is-a-guardian-ad-litem-and-what-do-they-do ##[Blog](https:///blog) [Back to Family Law](https:///blog/family-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/family-law/what-is-a-guardian-ad-litem-and-what-do-they-do) #What is a Guardian Ad Litem and what do they do? ##**What is a Guardian Ad Litem?** Pursuant to Indiana Code § 31-9-2-50, a guardian ad litem (“GAL”) is “an attorney, a volunteer, or an employee of a county program who is appointed by a court to: (1) represent and protect the best interests of a child and (2) provide the child with services requested by the court, including – researching, examining, advocating, facilitating, and monitoring the child(ren)’s situation.” In simpler terms, a GAL is an individual who is appointed to represent the best interests of a child and to be that child’s voice. A GAL may also be appointed in a guardianship matter. Pursuant to Indiana Code § 29-3-2-3, “the court shall appoint a GAL to represent the interest of the alleged incapacitated person or minor if the court determines that the alleged incapacitated person or minor is not represented or is not adequately represented by counsel.” ##**When Does a Guardian Ad Litem Get Involved?** An attorney’s favorite response is “It depends,” which is the exact answer to this question. During a divorce, paternity proceeding, grandparent visitation matter, or juvenile delinquency matter, a court may appoint a GAL on its own motion or a party to the case (or their attorney) may request that the court appoint a GAL. Typically, a GAL is appointed when custody or parenting time are contested or when there are allegations of abuse or neglect. In a guardianship matter, a GAL gets involved in the matter almost immediately. ![](https:///Data/Accounts/Files/1/ee9273e724570eafd2dc1af06d9e3bd1-22aba825bb4d5f7434579dfaa7429944-family-gb49280207_1920-min.jpg) ##**What Does a Guardian Ad Litem Do? ** As previously stated, a GAL represents and protects the best interests of the child(ren) or incapacitated person. The GAL will do the following: 1. Investigate and gather information about the situation 1. Monitor what is going on by actually visiting with the parties and the child(ren) or incapacitated person 1. Speak with the child(ren) or incapacitated person 1. Make a report to the court 1. Find services for the child(ren) or incapacitated person. ##Who Pays for the Guardian Ad Litem? In a family law matter, Indiana law allows the trial court to assess the GAL’s fees against one or both child(ren)’s parents. Typically, the party that is requesting that a GAL be appointed will pay for the GAL’s fees initially, and then the final determination of payment will be made at a later time. The Court may split the fees in a variety of ways, including having one party pay for the entire amount, splitting the fees evenly, or splitting the fees based on the parties’ income ratios. In a guardianship matter, the guardian is responsible for the GAL’s fees. However, if there is a guardianship estate, the guardian can request that the court allow for the GAL’s fees to be paid from the guardianship estate. Guardian ad litems serve an important purpose and are often beneficial to everyone involved – especially for the individuals who need protection. If you have any questions regarding GALs, please contact a member of [Barrett McNagny’s family law team](https://www.barrettlaw.com/practice-areas/family-and-domestic-law). ####Family Law Articles [Preparing to Meet Your Family Law Attorney](https://www.barrettlaw.com/blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting) [The Basic Adoption Process in Indiana](https://www.barrettlaw.com/blog/family-law/the-adoption-process-in-indiana) # 2022 Indiana Super Lawyers Publication | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/2022-indiana-super-lawyers-publication-lists-top-50-lawyers ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/2022-indiana-super-lawyers-publication-lists-top-50-lawyers) #2022 Indiana Super Lawyers Publication Lists Top 50 Lawyers The Fort Wayne law firm of **Barrett McNagny ****LLP** is proud to announce that [William Ramsey ](https://www.barrettlaw.com/our-people/william-a-ramsey)was listed as one of the Top 50 lawyers in the 2022 Indiana Super Lawyers nomination, research and blue-ribbon review process. [![](https:///Data/Accounts/Files/1/1dfba53281bc98f1e9a8eeda12284441-WilliamRamseyName-min.jpg)](https://www.barrettlaw.com/our-people/william-a-ramsey)Mr. Ramsey is a litigator representing clients on business and commercial matters and defending health care professionals against medical malpractice claims. He has been selected for inclusion in the Indiana Super Lawyers publication since 2017 in the area of litigation and was selected several times prior to 2017 as a “Rising Star” in the publication. He has also been selected for inclusion since 2018 in the Best Lawyers in America publication and is rated an AV Preeminent attorney by Martindale-Hubbell based on their peer review ratings. Super Lawyers is a Thomson Reuters business and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. Tagged Attorneys [William A. Ramsey](https:///our-people/william-a-ramsey)| # Listing in 2022 Indiana Super Lawyers Publication | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-attorney-2022-indiana-super-lawyers-publication ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-attorney-2022-indiana-super-lawyers-publication) #Listing in 2022 Indiana Super Lawyers Publication **Barrett McNagny ****LLP** is proud to announce its listing in Indiana Super Lawyers for 2022. The following attorneys were selected for inclusion in their respective practice areas: - **[Kevin K. Fitzharris ](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)– **Alternative Dispute Resolution - **[Benjamin D. Ice ](https://www.barrettlaw.com/our-people/benjamin-d-ice)–** Medical Malpractice Defense - **[Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr) – **Business Litigation - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) – **Employment & Labor - **[William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) –** Business Litigation - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) – **Employment & Labor Super Lawyers is a Thomson Reuters business and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Third-Party Releases in Bankruptcy Disallowed | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/non-consensual-third-party-releases-in-bankruptcy-disallowed ##[Blog](https:///blog) [Back to Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/non-consensual-third-party-releases-in-bankruptcy-disallowed) #​Non-Consensual Third-Party Releases in Bankruptcy Disallowed In a recent opinion, Honorable Colleen McMahon of U.S. District Court for the Southern District of New York, ruled that non-consensual releases of creditors’ direct claims against non-debtors in a Bankruptcy reorganization plan are not allowed under the provisions of the United States Bankruptcy Code. In Re: Purdue Pharma LP. This ruling reverses the Bankruptcy Court’s order approving Purdue Pharma’s Chapter 11 Plan of Reorganization which, among other things, provided for the release of the Sackler family members and other non-debtors arising out of and with respect to their participation in the promotion and sale of OxyContin. ![](https://www.barrettlaw.com/Data/Accounts/Files/1/a245b0b7582d2551d7f5693797fc082e-pexels-brett-sayles-1000740-min.jpg) In a lengthy opinion, Judge McMahon held that the non-consensual releases of third parties contained in Purdue’s Reorganization Plan are not supported by the language of the Bankruptcy Code. Such a ruling applies to not only “bad actors” associated with the debtor, but also to other third parties whose liability is often wiped out in a bankruptcy plan, the most common of which are guarantors of the debtor’s liability. Although Judge McMahon’s ruling is significant, it does not resolve the issue because there remains a split among the circuits as to the enforceability of such releases. For example, the Seventh Circuit (Indiana, Illinois and Wisconsin) holds that, in unique circumstances, third-party releases are permitted by the Bankruptcy Code. However, Judge McMahon’s Opinion is persuasive authority for other jurisdictions struggling with this issue. It has also primed this issue to be addressed by the U.S. Supreme Court. If you have any questions or concerns regarding this matter or its effect, feel free to contact [Michael P. O’Hara ](https://www.barrettlaw.com/our-people/michael-p-ohara)at 260-423-8838. Tagged Attorneys [Michael P. O'Hara](https:///our-people/michael-p-ohara)| # Intellectual Property Team Adds Patent Attorney | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/intellectual-property-law/intellectual-property-team-adds-second-patent-attorney ##[Blog](https:///blog) [Back to Intellectual Property Law](https:///blog/intellectual-property-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/intellectual-property-law/intellectual-property-team-adds-second-patent-attorney) #Intellectual Property Team Adds Second Patent Attorney [Connor Fleck](https://www.barrettlaw.com/our-people/connor-fleck) has passed the U.S. Patent and Trademark Office Registration Examination for Patent Attorneys. He joins registered patent attorney [George Pappas](https://www.barrettlaw.com/our-people/george-pappas) in being able to represent clients before the U.S. Patent Office, including the filing and prosecution of patent applications and the infringement of patents. They also assist clients with licensing, securing and defending trademarks, protecting trade secrets and helping to register and enforce copyrights. [![](https:///Data/Accounts/Files/1/dba8371fe960f9cb57dc15fabe04b297-GeorgePappas-min.jpg)](https://www.barrettlaw.com/our-people/george-pappas)George Pappas is a partner with over thirty years’ experience working with businesses in the Midwest and throughout the United States to handle their intellectual property needs. He received his J.D. from the Valparaiso University School of Law, and has a B.S. in Mechanical Engineering with a minor in Electrical Engineering from Valparaiso University. He is admitted to practice before the state courts of Indiana, and the United States District Courts for the Northern and Southern Districts of Indiana. [![](https:///Data/Accounts/Files/1/4ee45e3f0ea535f547f634a8cadd2edb-ConnorFleckName-min.jpg)](https://www.barrettlaw.com/our-people/connor-fleck)Connor Fleck graduated from Ohio Northern University with a B.S. in Mechanical Engineering and received his J.D., from Wisconsin Law School. He is admitted to practice before the state courts of Indiana, Wisconsin, and Illinois and the United States District Courts for the Northern and Southern Districts of Indiana. Tagged Attorneys [Connor Fleck](https:///our-people/connor-fleck)| [George Pappas](https:///our-people/george-pappas)| # Supreme Court Issues Rulings on Vaccine Mandates | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/supreme-court-issues-rulings-on-vaccine-mandates ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/supreme-court-issues-rulings-on-vaccine-mandates) #Supreme Court Issues Rulings on Vaccine Mandates On January 13, 2022, the Supreme Court of the United States ("SCOTUS") issued two rulings related to vaccine mandates. Accordingly, the Emergency Temporary Standard (“ETS”) is stayed and employers with 100 employees or more are not required to follow the Occupational Safety and Health Administration’s (“OSHA”) ETS. ![](https:///Data/Accounts/Files/1/3780ecdb3f09025377baf9decd2c5c02-covid-19-4960254_1280.png)First, SCOTUS blocked OSHA's ETS mandate for employers with 100 employees or more. If the OSHA ETS mandate was allowed, then every eligible employer would have to: determine each employee’s vaccination status; keep records related to vaccination status; and develop, implement and enforce a mandatory COVID-19 vaccination policy. SCOTUS discussed that OSHA’s authority is limited by way of statute. The Court ruled that the Occupational Safety and Health Act of 1970 empowers the Secretary of Labor to set workplace safety standards, not broad public health measures. As explained by the Court, COVID-19 is not an occupational hazard in most workplaces. The rule exceeds the scope of authority granted to OSHA. Second, SCOTUS ruled that the vaccine mandate for health care workers (a/k/a the CMS mandate) is allowed. The Court addressed that historically, the Secretary may impose conditions of participation that relate to the duties of health care workers. Health care workers are ordinarily required to be vaccinated. The Court concluded that the Secretary did not exceed the statutory authority in requiring that covered CMS facilities ensure that their employees be vaccinated against COVID–19. Therefore, the CMS rule stands for covered CMS facilities and those health care workers must be vaccinated. As always, if you have any questions or concerns about issues impacting your business, feel free to reach out to the members of [Barrett McNagny’s employment law team](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law). Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Connor Fleck Admitted to Illinois Bar | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/connor-fleck-admitted-to-illinois-bar ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/connor-fleck-admitted-to-illinois-bar) #Connor Fleck Admitted to Illinois Bar **Barrett McNagny LLP** is pleased to announce that [Connor Fleck ](https://www.barrettlaw.com/our-people/connor-fleck)has been admitted to practice law in the state of Illinois. He is already licensed to practice before the Indiana and Wisconsin state courts. Mr. Fleck concentrates his practice in intellectual property assisting clients with filing for patents, securing trademarks and helping to register and enforce copyrights. Connor, a graduate of Homestead High School, is a member of the Allen County Bar Association and the Indiana Bar Association. He graduated from Ohio Northern University with a B.S. in Mechanical Engineering and received his J.D., from the University of Wisconsin Law School. While in law school he was a student associate at the Law and Entrepreneurship Clinic. He is admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Indiana. Tagged Attorneys [Connor Fleck](https:///our-people/connor-fleck)| # Rehiring Retirees and the Impact to Retirement Plans | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/rehiring-retirees-and-the-impact-to-retirement-plans ##[Blog](https:///blog) [Back to Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/rehiring-retirees-and-the-impact-to-retirement-plans) #Rehiring Retirees and the Impact to Retirement Plans The IRS had previously issued FAQs to explain the retirement plan rules of the CARES Act. The original guidance answered questions about expanded distribution options and favorable tax treatment for retirement distributions needed because of the impact of coronavirus. In October, the IRS expanded the FAQs to include guidance on retiree benefits. While these new answers by the IRS relate directly to pension plans, they might be useful in administering a 401(k) plan, too. ![](https://www.barrettlaw.com/Data/Accounts/Files/1/f32834d15e844e9498930003eac409bb-HiringGraphicforRetireeArticle-min.jpg) An employer has a choice when a defined benefit pension plan is established about whether to allow in-service distributions when an employee reaches normal retirement age or age 59½ and keeps working. If the plan is set up not to permit in-service distributions, then the employee must have a bona fide retirement in order to begin pension benefits. The newly released guidance makes it clear that an employer can rehire the retired employee due to hiring needs that were unforeseen at the time of the retirement, such as a labor shortage related to the COVID-19 pandemic. Such a rehiring does not automatically cause the prior retirement to be no longer considered a bona fide retirement. Keep in mind that several things must line up to arrive at this welcomed result. First, the employee’s rehiring could not be expected or prearranged at the time of the prior retirement. Also, the plan document should be referenced to confirm it does not define a bona fide retirement in a way that prevents rehire. An example would be a plan provision that an employee who retires and commences benefits will not be rehired for a specified period of time. While the guidance was stated in terms of defined benefit pensions, we do get questions about the timing of payments from defined contribution plans, like a 401(k). Some plans do not permit in-service distributions and there are regulations that prohibit payment from a participant’s deferral account while still employed before age 59½, except for hardships. Some plans do not allow hardship distributions and rather than amend the plan to add hardship or other in-service distributions, employers will ask about accepting an employee’s resignation and then rehiring them shortly after, to allow the employee to access their 401(k) account. Then the question becomes whether this a bona fide severance of employment, rather than bona fide retirement. The IRS language in the FAQ is informative. If “a rehire is due to unforeseen circumstances that do not reflect any prearrangement to rehire the individual”, then the rehire can be considered a bona fide retirement. Applying this logic to answer the defined contribution question: when the plan is to rehire, there is no bona fide severance of employment and the in-service distribution provisions of the plan and regulations must be followed. The second of the new FAQs makes clear that defined benefit pension distributions can begin while an employee is still working, as long as the plan document permits. The most common plan provisions would accommodate commencing benefits at normal retirement age or at age 59 1/2, if in-service distributions are permitted in your pension plan. The [Barrett McNagny Employee Benefits practice group](https://www.barrettlaw.com/practice-areas/employee-benefits-law) will gladly answer any questions relating to your specific fact situation. Tagged Attorneys [Larry W. Rudawsky](https:///our-people/larry-w-rudawsky)| # 2022 "Lawyers of the Year" in Best Lawyers in America | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/2022-lawyers-of-the-year-in-best-lawyers-in-america ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/2022-lawyers-of-the-year-in-best-lawyers-in-america) #2022 "Lawyers of the Year" in Best Lawyers in America of **Barrett McNagny ****LLP** is proud to announce that two firm attorneys were selected by their peers for inclusion in **The Best Lawyers in America® 2022**as “Lawyer of the Year” in their respective practice areas. [Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy) was selected “Lawyer of the Year,” Fort Wayne, in the area of Litigation- Insurance. [Robert T. Keen](https://www.barrettlaw.com/our-people/robert-t-keen-jr) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Bet-the-Company Litigation. They received this distinction based upon peer ratings. Only a single lawyer in each practice area in each community annually is honored as a “Lawyer of the Year.” **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [Read more about the description of the selection methodology for inclusion in the publication.](https://www.bestlawyers.com/methodology) Tagged Attorneys [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| # Adoption Process in Indiana | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law/the-adoption-process-in-indiana ##[Blog](https:///blog) [Back to Family Law](https:///blog/family-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/family-law/the-adoption-process-in-indiana) #The Basic Adoption Process in Indiana Even when an adoption is uncontested, it is important to follow the statutory procedure so that the adoption is completed properly and that there are no errors and that, following the necessary hearing, your child is officially and legally yours. Working with one of the family law attorneys at Barrett McNagny can help ensure that this process goes as smoothly as possible. ![](https:///Data/Accounts/Files/1/9793b8f049aff261fedd433587ad5202-pexels-pavel-danilyuk-8205145-min.jpg) ##**The Petition for Adoption** To begin the adoption process, you will want to contact a family law attorney to ensure that you are meeting all the particular statutory requirements for an adoption. When you contact an attorney, you should have or be prepared to provide the information necessary to file a Petition for Adoption, which is the following: 1. The name, sex, race, age, and place of birth of the child 1. The new name of the child 1. Whether or not the child possesses real or personal property, and if so, the value and description of said property 1. The name, age, and place of residence of the adoptive parent(s), and if married, the place and date of their marriage 1. The name and place of residence of the parent(s), the guardian or nearest kin of the child (if applicable), the court or agency of which the child is a ward (if applicable), or the agency sponsoring the adoption (if applicable) 1. The time during which the child lived in the home of the adoptive parent(s) 1. Whether the adoptive parent(s) has been convicted of a felony or misdemeanor relating to the health and safety of children along with the date and description of the conviction 1. Whether or not a current, ongoing child support order or medical support order is in effect for the child 1. Any additional information that is considered relevant See IC 31-19-2-6. ##**Temporary Custody Pending Finalization ** Except for a child who is under the supervision of the Department of Child Services, you may file a Motion for Temporary Custody at the time of or anytime after the filing of the petition. See IC 31-19-2-13. This motion, if granted, will give the person or persons seeking the adoption temporary legal custody of the child. ##**Consents Required ** In addition to filing the Petition for Adoption, the adoptive parent(s) must either (1) obtain the written consents of specified individuals or (2) prove why the consent of those specified individuals is not necessary. The adoptive parent(s) must obtain the consent of the following: 2. Each living parent of a child born in wedlock 2. The mother of a child born out of wedlock and the father of the child whose paternity has been established 2. Each person, agency, or local office having lawful custody of the child 2. The court having jurisdiction of the custody of the child if the legal guardian or custodian of the person of the child is not empowered to consent 2. The child to be adopted if the child is more than fourteen years old 2. The spouse of the child to be adopted if the child is married. See IC 31-19-9-1. On the other hand, the required written consents may not be needed from the abovementioned individuals for a variety of reasons which are listed in the statutes. If your situation falls within one of these exceptions, you will need to file a motion to deem that individual’s consent unnecessary. See IC 31-19-9-8, IC 31-19-9-9, and IC 31-19-9-10. The consent process is important, as failing to obtain the consents can jeopardize the legality of the adoption even after a final order is issued. ![](https://www.barrettlaw.com/Data/Accounts/Files/1/fc0519997c85e24765990e6f2268913a-pexels-pavel-danilyuk-8205383-min.jpg) ##**Putative Father Registry Search** A putative father is a man who is alleged to be or claims to be the biological father of a child who is born out of wedlock. If the child is born out of wedlock, you will need to contact the Indiana State Department of Health and request that they run a search on the state’s putative father registry. See IC 31-19-5-1 to IC 31-19-5-25. ##**Sending Notice ** After you have filed your Petition for Adoption, you are required to provide notice to the following: 3. A person whose consent is required 3. A putative father 3. A grandparent 3. A licensed child placing agency of which the child is a ward 3. The local office of the department of child services in the county in which the child in need of services proceeding was filed (if applicable) 3. The entity, facility, or individual of which the child is a ward if the child is a subject of an open or pending juvenile delinquency proceeding See IC 31-19-2.5-3. ##**Home Study** During this process, you will also be required to obtain a home study report from a licensed child placing agency which will include the licensed child placing agency’s written report of the investigation and recommendation as to the advisability of the adoption. See IC 31-19-8-5. ##**Additional Documents** Lastly, before the adoption can be completed, you will need to complete an Indiana Adoption Medical History Form and a Record of Adoption. ##**Conclusion ** There are many steps in the adoption process, and all are important. Having an attorney help you through the process can make things go smoothly and give you the peace of mind that your adoption will be protected from any challenge at a later date. For questions regarding an adoption contact the members of [Barrett McNagny's Family Law team.](https://www.barrettlaw.com/practice-areas/family-and-domestic-law) Tagged Attorneys [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| # Construction Law Remodeling Project Tips | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate/construction-law-tips-for-contractors-and-homeowners-on-remodeling-projects ##[Blog](https:///blog) [Back to Real Estate Law](https:///blog/real-estate) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/real-estate/construction-law-tips-for-contractors-and-homeowners-on-remodeling-projects) #Construction Law Tips for Contractors and Homeowners on Remodeling Projects An unexpected effect of the pandemic has been a surge in housing starts and home remodeling. While things initially looked dire for the construction industry, low interest rates, stimulus money, and other policies have led to a spike in mortgage originations and a boom in home remodeling. The areas of home building and remodeling are particularly ripe for disputes. Purchasing and/or remodeling a home is one of the single largest expenses one can expect to incur during his or her lifetime and consumers generally take these expenses seriously. There are certain construction law tips contractors and homeowners alike should keep in mind when entering into these transactions. ![](https:///Data/Accounts/Files/1/066c058720db32c7941eb2934bc8c72e-bigstock-Judge-Gavel-White-House-And-Y-440003720.jpg) ##Make Sure You have a Written Contract Your home remodel transaction is governed by the Indiana Home Improvement Contract Act (“HICA”). HICA is a consumer protection statute that imposes certain minimum requirements on contractors engaging in all types of home improvement, from plumbing and electrical work to interior remodeling. Under HICA, contractors must provide the homeowner with a written contract containing certain terms, including the following: 1. The name, address, email, and phone number of the person responsible for the work 1. The estimated start and completion dates 1. A reasonably detailed description of the work to be done 1. Signature blocks for both the contractor and the consumer 1. The contract price 1. Notice as to whether or not any of the work will be subcontracted If your contract is missing any one of these required provisions, the contract is in violation of HICA, and a consumer may have a private cause of action against the contractor. ##Keep It in Writing It is important that homeowners and the contractors have a clear expectation as to what the work entails. While HICA requires the contract to provide a reasonably detailed description of the work, best practice is for homeowners go further, e-mailing the contractor if necessary and setting forth each and every aspect of the work they expect the contractor to perform. For example, just because a consumer hires a painter to paint the interior of a home does not mean that the painter intends to thoroughly prepare the surfaces for painting, e.g., caulking cracks, repairing nail pops, and sending the trim. While it may seem like a reasonable assumption that painting would include this prep work, a consumer should have a discussion with the contractor and confirm that he or she is on the same page. Further, it is preferable for these communications to occur in writing to avoid difficulties proving whether a breach of the agreement occurred if things go south. The same goes for contractors. Litigation has occurred after situations in which contractors have experienced a complete breakdown in their relationship with the homeowner. This can result in a scenario where the contractor claims to have been kicked off of the job while the homeowner insists the contractor abandoned the project. In these instances, it is important that the contractor write to the homeowner explaining that he or she is ready, willing, and able to resume the work once he is or she is permitted access to the premises. This can prevent a he said/she said scenario where both parties blame the other for failing to complete the project. ![](https:///Data/Accounts/Files/1/fe2cf49e87ff941e520ffa84f5474f6b-bigstock-Sale-Purchase-Contract-To-Buy--357364709.jpg) ##Solicit Multiple Bids Most consumers hire contractors based upon referrals. Sometimes it works out. Sometimes it doesn’t. In either event, it is important to solicit multiple bids and have a discussion with each contractor concerning your expectations and what you hope to accomplish. Ultimately, the contractor and the homeowner are partners working to achieve the same goal. Thus, the parties must be on the same page from the beginning of the project. Further, knowing what you want to accomplish will better allow you to ask the right questions and more effectively evaluate the potential contractor. If you are a homeowner or a contractor in need of legal advice contact a member of [Barrett McNagny's litigation practice group](https://www.barrettlaw.com/practice-areas/litigation-services). # 2022 Best Lawyers in America Listing | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/2022-best-lawyers-in-america-listing ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/2022-best-lawyers-in-america-listing) #2022 Best Lawyers in America Listing **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The Best Lawyers in America® 2022 **in their respective practice areas: - **[Mark H. Bains:](https://www.barrettlaw.com/our-people/mark-h-bains) **Real Estate Law and Litigation- Real Estate - [John C. Barce: ](https://www.barrettlaw.com/our-people/john-c-barce)Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Businesses Law; Corporate Law - [H. Joseph Cohen: ](https://www.barrettlaw.com/our-people/h-joseph-cohen)Employment Law- Management; Health Care Law; Labor Law - Management - [Kevin K. Fitzharris:](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) Commercial Litigation - [Richard E. Fox: ](https://www.barrettlaw.com/our-people/richard-e-fox)Banking and Finance Law; Commercial Finance Law; Corporate Law - N. Thomas Horton II: Employee Benefits (ERISA) Law - [Benjamin D. Ice: ](https://www.barrettlaw.com/our-people/benjamin-d-ice)Litigation – Insurance - **[Robert T. Keen:](https://www.barrettlaw.com/our-people/robert-t-keen-jr) **Bet-the-Company Litigation; Civil Rights Law; Commercial Litigation; Litigation – Labor & Employment; Litigation – Municipal; Personal Injury Litigation – Defendants - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough):** Litigation – Insurance - **[Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy): **Litigation – Insurance - Henry P. Najdeski: Real Estate Law - [Joshua C. Neal:](https://www.barrettlaw.com/our-people/joshua-c-neal) Land Use and Zoning Law; Real Estate Law - **[Thomas M. Niezer:](https://www.barrettlaw.com/our-people/thomas-m-niezer) **Real Estate Law - **[James J. O’Connor:](https://www.barrettlaw.com/our-people/james-j-oconnor) **Labor Law – Management - [Michael P. O’Hara:](https://www.barrettlaw.com/our-people/michael-p-ohara) Banking and Finance Law; Corporate Law - [Trisha J. Paul: ](https://www.barrettlaw.com/our-people/trisha-j-paul)Trusts and Estates - [William A. Ramsey:](https://www.barrettlaw.com/our-people/william-a-ramsey) Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants - **[Cathleen M. Shrader](https://www.barrettlaw.com/our-people/cathleen-m-shrader): **Appellate Practice; Commercial Litigation - [David R. Steiner:](https://www.barrettlaw.com/our-people/david-r-steiner) Corporate Law; Environmental Law; Real Estate - [Anthony M. Stites: ](https://www.barrettlaw.com/our-people/anthony-m-stites)Employment Law – Management; Labor Law – Management; Labor Law – Union; Litigation – Labor and Employment - [Emily S. Szaferski: ](https://www.barrettlaw.com/our-people/emily-s-szaferski)Family Law - **[Philip A. Wagler](https://www.barrettlaw.com/our-people/philip-a-wagler): **Trusts and Estates - **Robert S. Walters**: Corporate Law; Securities/Capital Markets Law **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. [Read a description of the selection methodology for inclusion in the publication](https://www.bestlawyers.com/methodology). Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| # 2022 Best Lawyers in America: Ones to Watch Listing | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/2022-best-lawyers-in-america-ones-to-watch-listing ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/2022-best-lawyers-in-america-ones-to-watch-listing) #2022 Best Lawyers in America: Ones to Watch Listing **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The 2022 Best Lawyers in America®**: **Ones to Watch** in their respective practice areas: - **[Thomas E. Ludwiski](https://www.barrettlaw.com/our-people/thomas-e-ludwiski): **Corporate Law; Tax Law **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. [Read a description of the selection methodology for inclusion in the publication](https://www.bestlawyers.com/methodology). Tagged Attorneys [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| # Fitzharris Quoted in Technology Article | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/technology-and-the-legal-industry ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/technology-and-the-legal-industry) #Kevin Fitzharris Quoted in article about Technology and the Legal Industry [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) was quoted in an article titled "Automation, artificial intelligence touted as helping, not replacing, lawyers" from The Indiana Lawyer. The article discuss how technology has changed and shaped the legal industry over the years and specifically how the impact that automation and artificial intelligence has made to the practice of law. ["Automation, artificial intelligence touted as helping, not replacing lawyers", The Indiana Lawyer](https://www.theindianalawyer.com/articles/automation-artificial-intelligence-touted-as-helping-not-replacing-lawyers) Kevin Fitzharris has been practicing law for over 30 years. A season litigator, he currently focuses his practice in the area of alternative dispute resolution, specifically handling mediations. He can be reached at 260.423.8874. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| # Steps to Preserve a Union Free Workplace | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/union-avoidance-steps-for-employers ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/union-avoidance-steps-for-employers) #Steps for Employers to Preserve a Union Free Workplace Labor unions were established to represent the interests of a company’s non-supervisory employees. Historically, unions played a vital role in employee-employer relations. Yet, there has been a steady decline in the necessity of union representation as working conditions have improved, federal and state laws protecting workers and ensuring fair work practices have been implemented and enforced, and the structure of the modern workplace has evolved. Despite the overall decline in union representation over the last several decades, the United States Bureau of Labor Statistics reported in its 2021 Union Membership News Release that the union membership rate was up slightly in 2020 over 2019. However, there was a large decline in total employment of wage and salary workers among mostly nonunion workers. The Bureau’s data indicates that this decline in employment among nonunion workers led to an increase in the union membership rate. ![](https:///Data/Accounts/Files/1/eb8a397a5244c7a802c54e5d63f6611f-bigstock-Video-Call-Group-Business-Peop-429186161.jpg) While there are positive changes in employment laws, union organization attempts remain a valid concern for employers. Unions can be costly for the employer because resources are diverted to address union grievances. Unions often limit managerial flexibility. Management is precluded from addressing employee grievances independently when conflict resolution requires union involvement. To address these concerns and many others, employers have implemented union avoidance strategies to improve and maintain employee satisfaction. Union avoidance strategies seek to minimize the need for labor unions. There are three steps an employer should take to implement a union-free business philosophy and preserve a union-free workplace: ##Document Employee Interactions All employers should abide by the golden rule of employment: treat all employees uniformly and fairly. When issues arise, and decisions are made to resolve those issues, the employer should document its interaction with employees. This documentation should specifically identify why certain employment decisions, such as changes in policies, discipline, and termination, are made. Documentation cultivates transparency between employees and employers. Fair treatment by employers of employees cultivates trust in leadership. Ultimately, when there is a uniform system in place that employees trust, they are more likely to voice their concerns about employment issues. ##Communicate with Employees Once a union is elected, the employer must defer to the union steward to take action affecting employment conditions. This causes delays and expenditure of valuable resources. Employers should communicate openly and honestly with their employees about all aspects of the employee experience. Organization attempts generally occur in response to specific issues over which the employer has control, such as wages and benefits, job security, poor supervision, and/or the employee’s sense of value. Communication of the employer’s “union-free business philosophy” begins during the pre-hiring process to instill the employer’s values with prospective new hires before they become employees. The employer should develop a conflict resolution (or grievance) procedure for employees to express concerns. The employer should invest in understanding what employees think of the company and what dissatisfies employees about the company. To do this, employers should consider leveraging their supervisors. Supervisors are the gatekeepers to understanding the employer’s vulnerabilities. To start, supervisors should be personable and encourage employees to express their concerns. The employees must believe their supervisors listen to and understand the concerns presented. Supervisors should be trained to identify conflicts and bring them to the attention of top management when appropriate. Supervisors should be able to articulate policies, answer questions accurately, and encourage candor and constructive criticism of the company and its practices. This is important in the context of union organization because, if a union organizer solicits the employees, the supervisors are often the best line of defense to correct misleading statements made by the organizer and inform employees of their rights. ##Reassess the Workforce As mentioned above, supervisors are the best line of defense in identifying where the employer may be vulnerable to union representation. The employer should keep its “ear to the ground” and learn the general behaviors of the workforce. This will allow the employer to identify shifts in behaviors of the workforce population that could be warning signs of union activity. The following are a few examples of potential warning signs of union activity ![](https:///Data/Accounts/Files/1/63b354b8b682e5d5fe3d42463315db4a-bigstock-Diverse-Professional-Executive-429842006.jpg) The nature of employer-employee relations is that dissatisfaction is inevitable. Coupled with a rapidly changing labor market, the presence of union representation may have a significant impact on the employer’s operating costs, reducing the availability of funds for new programs, equipment, facilities, and wages. Employers should ensure they are staying informed on changes in the law, identifying areas of vulnerability, staying aware of the current political landscape, and seeking legal counsel for guidance when issues arise. These factors require the employer to regularly assess its workforce and analyze its weaknesses. In response to those weaknesses, the employer should seek to develop a response system and prepare to address employees’ concerns in a meaningful way. Should union activity arise, the employer should develop and distribute appropriate counter-communications. This post is only a general overview of potential strategies that employers can adopt. If you have specific questions or concerns related to your company, please contact a member of [Barrett McNagny’s employment law section](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law). About the Author: [Carta H. Robison](https://www.barrettlaw.com/our-people/carta-h-robison) works with employers in all facets of their labor matters. She assists human resource professionals with claims involving the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and the Fair Labor Standards Act (FLSA). She can be reached at 260.423.8910 or at [chr@barrettlaw.com](https://mailto:chr@barrettlaw.com). Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Cybersecurity and Privacy Law for Businesses | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses ##[Blog](https:///blog) [Back to Cybersecurity](https:///blog/cybersecurity) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/cybersecurity/privacy-laws-and-cybersecurity-issues-for-businesses) #Privacy Laws and Cybersecurity Issues for Businesses The privacy and cybersecurity legal framework is an area under rapid development. It is becoming increasingly newsworthy as more and more businesses are suffering hacks and breaches to their networks and valuable data. It is important for every business to have a basic understanding of privacy and cybersecurity issues and their implication on operations. Below are a few areas that business executives and leaders should be aware of to keep their businesses safe: ##**Privacy Laws** The United States does not have a single comprehensive privacy law. Instead, the U.S. uses a multi-level approach to privacy regulation. The U.S. follows industry-specific federal laws, including HIPAA/HITECH in the medical industry, the Gramm-Leach-Bliley Act for financial institutions/insurance companies, and FERPA for educational institutions. The Federal Trade Commission and states’ attorney generals are empowered with more general enforcement oversight for unfair and deceptive trade practices relating to privacy claims. Many states are passing laws (which often include extra-jurisdictional enforcement) governing businesses that collect, control, process or possess personal information of the applicable state’s residents requiring such businesses to implement commercially reasonable data security frameworks. This includes New York and California. New York’s SHIELD Act, applicable to any entity that processes the personal information of a New York resident, provides some direction on what would be considered commercially reasonable. Each company is required to implement commercially reasonable administrative, technical, and physical data security practices that protect the security, confidentiality, and integrity of personal information in the company’s possession. Often companies that are HIPAA- or GLBA-compliant are exempt from complying with the state laws, but this should be reviewed on a case-by-case basis as new state laws are implemented. ![](https:///Data/Accounts/Files/1/50932569524c03cbe178a113af0bb7ed-bigstock-Phishing-Mobile-Phone-Hacker--409068980.jpg) ##**Website Privacy Policy & Terms of Use** Every business with a website needs a customer-facing privacy policy and terms of use. On the surface, a privacy policy and terms of use for a website might appear simple, but such policies can also give rise to an unfair and deceptive trade practice claim if the business does not abide by the terms of its policies. There are ongoing serial lawsuits targeting businesses that violate their own policies. Regardless of the ultimate success of these lawsuits, the suits cost the defendant businesses significant time and expense. The privacy policy and terms of use create a binding contract between the website owner and the user. Newly effective state laws have varying requirements of what rights users from those states have relating to their personal information and the website policies need to be tailored to satisfy those requirements. It is also important that businesses understand that, even if they are physically located in a specific state, they may still need to abide by the laws where the end user is viewing their website. All businesses must review their policies on an annual basis to be viewed as reasonable by most enforcement agencies. ##**Third-Party Vendors** Many businesses use third-party vendors for their data security. The review of these agreements, including licensing arrangements, is important to protect a business. The EU model for privacy frameworks places the burden on ensuring third-party contractors have reasonable data security practices on the initial data controller or the party obtaining the information for its business purposes. This model has been making its way into U.S. operations. It is important that, when businesses contract or negotiate with a vendor, the binding agreement is reviewed on the front end to ensure that the business is properly protected. ##**Assessments on Data** Businesses should consider conducting a privacy impact assessment. This can be, in its most basic form, documenting the flow of information through data mapping from data intake, access, storage, and deletion. Mapping allows a business to understand vulnerabilities and where potential legal exposure exists. From this assessment, a business can develop its internal privacy policy (differing from the website policy) on how it protects, maintains, and deletes personally identifiable information. A privacy impact assessment also allows a business to have effective discussions and exercises regarding how the business would respond to a cybersecurity incident. A risk assessment can also prevent possible issues and the potential misuse of personally identifiable information. A risk assessment looks at each user in a business and identifies who should and who should not have access to the information (personally identifiable or otherwise) necessary for that user to carry out its business purpose. ![](https:///Data/Accounts/Files/1/d7a81e7c6209f9394081bcee9d20ec0e-christin-hume-Hcfwew744z4-unsplash.jpg) ##**Cyber Insurance** A business can invest in cyber insurance to protect the business and the data it houses. Like all insurance policies, cyber insurance policies are only as effective as their exclusions. It is important to review or have legal counsel review the cyber insurance policy to make sure that the policy properly covers a business. One increasingly popular provision excludes coverage if payments have been made on a ransom demand. It is also important to review a company’s other insurance policies, as business interruption related to cyber events can, in some instances, be covered by general business interruption insurance. For questions about how to protect your business in the ever-changing world of technology and cyber security contact the author, [Justin Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris), a business attorney and Certified Information Privacy Professional (US) by the International Association of Privacy Professionals, or a member of the [Cybersecurity team](https://www.barrettlaw.com/practice-areas/cybersecurity-and-privacy) at Barrett McNagny. Tagged Attorneys [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| # Cohen Receives the 2021 Monsignor Thiele Award | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/cohen-receives-the-2021-monsignor-thiele-award-united-way-of-allen-county ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/cohen-receives-the-2021-monsignor-thiele-award-united-way-of-allen-county) #Cohen Receives the 2021 Monsignor Thiele Award [H. Joseph Cohen](https://www.barrettlaw.com/our-people/h-joseph-cohen), a partner of the firm, has received the 2021 Monsignor Thiele Award. The Monsignor Thiele Award Committee nominated Cohen and PNC, as Trustee of the Raymond Rosenberger Award Foundation, selected him as this year’s recipient. The Msgr. Thiele Award recognizes a person who has performed exceptional services on behalf of the United Way of Allen County, Inc. and encourages others to devote their energy toward the accomplishment of the United Way of Allen County’s charitable objectives. The Award acknowledges Cohen’s diligent and faithful service to the United Way of Allen County and his extraordinary devotion to furthering its objectives. **Mr. Cohen** is a member of the board of directors of the United Way of Allen County, serves as Vice President of the Board for the Mad Anthonys Children’s Hope House, and is the board chair for Easterseals Arc of Northeast Indiana. Recipients of the Monsignor Thiele Award receive a grant, which Mr. Cohen has chosen to donate to these three charities. **Mr. Cohen** focuses his legal practice in the areas of employment and health care law and assists businesses and health care providers—including hospitals, and physician and dental groups—in addressing and navigating employment and health care-related legal issues. He was selected for inclusion in the 2021 Best Lawyers® in America publication. **About United Way of Allen County** Established in 1922, United Way of Allen County is a not-for-profit organization that unites our community’s time, talent, and treasure to cultivate and advance community solutions that address the most critical issues around basic needs, education, financial stability and healthy lives. For more information, please visit [United Way of Allen County](https://www.unitedwayallencounty.org/). Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| # ​Should I form my business in Delaware or Indiana? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/forming-my-business-in-delaware-or-indiana ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/forming-my-business-in-delaware-or-indiana) #​Should I form my business in Delaware or Indiana? Whenever starting a company, one of the decisions to make is where to form the business. If a business’s primary place of operations will be in Indiana, it certainly makes sense to consider Indiana as a logical state. But other states, most notably Delaware, are often selected for the state of incorporation. ##**Advantages of a Delaware Corporation** ![](https:///Data/Accounts/Files/1/63970a5261df05cac98340445c5c16c7-delaware-g49c121143_640.png) ###Business Friendly Tax Laws Delaware corporations are not required to pay state income tax in Delaware if the entity does not, outside of having its jurisdiction of formation within the State of Delaware, do business within the state. Additionally, shareholders who do not reside in Delaware are not required to pay Delaware taxes on their shares. ###Investor Preference Venture capital investors, private equity firms, and investment banks typically prefer Delaware corporations above all other states and business structures. Additionally, the corporate attorneys hired by the institutional investors or investment bankers will often be much more familiar with Delaware law than other states. Any company seriously considering outside funding or going public is typically advised to start out as a Delaware corporation, rather than having later to convert or domesticate to Delaware upon the demand by an investment banker or venture capitalist. ###Privacy or Anonymity Delaware does not require corporations to list officer and director names on the formation documents. Additionally, no information beyond the corporation’s legal name and address is displayed for free on the Delaware Secretary of State database. ###Flexible and Business-Friendly Corporate Laws If a company wishes to structure its business in a particular or unusual way, Delaware’s corporation laws are flexible, giving the company more freedom to organize the corporation as it wishes. Additionally, there is no requirement that shareholders, directors, or officers reside in the state of Delaware. As opposed to other states, only one director is required to be appointed to a board of directors, allowing for even more flexibility and simplicity. ###Well Established and Highly Respected Court System The Court of Chancery in Delaware specializes exclusively in the issues of corporate law. Cases can thus be decided quickly and, preferably, without juries, who may or may not be as experienced or knowledge on corporate law matters. Additionally, due to the high volume of corporate cases in Delaware, litigation has more predictable outcomes and there is less uncertainty with respect to the legal dispute. ##**Disadvantages of a Delaware Corporation** While Delaware provides many benefits to corporations which choose Delaware as their jurisdiction of formation, smaller businesses, or businesses with only a few shareholders, sometimes find that incorporating in Delaware is not worth the advantages. ###Cost The single biggest disadvantage to incorporating in Delaware is the ongoing costs in doing so. Franchise taxes, which are applied to all corporations regardless of whether they operate in Delaware or not, can be complicated to calculate and high in dollar amount. On top of annual franchise taxes, a Delaware corporation must maintain a registered agent in the state for purposes of service of process. For companies that operate outside of the State of Delaware, this likely means hiring a third-party service corporation. These costs can accumulate to thousands of dollars each year. ###Compliance Burden Even though an entity is formed in Delaware, the entity must still abide by the laws of the state in which it operates. This creates dual-jurisdiction compliance issues, and likely increases costs and work associated with staying compliant in the company’s state of operation. ##**Advantages of an Indiana Corporation** ![](https:///Data/Accounts/Files/1/1ceef20099fc67787a262d3ea65ae001-flag-gb5372bb90_640.png)Indiana offers many of the same benefits to corporations as Delaware. The Indiana Business Corporation Law is business friendly and flexible. For example, residency is not required to hold the position of officer or director, and only one person must be named as a director to the board. Additionally, the laws are flexible enough to accommodate most unusual or unique corporate structures. The greatest benefit to incorporating in Indiana, and an advantage on companies which choose to incorporate in Delaware, is that the Indiana legislature and Indiana courts have taken a particularly director friendly application and interpretation of the business judgment rule as codified in the Indiana Code. The Indiana Business Corporation Law materially limits the circumstances in which directors may be held personally liable for their actions to shareholders as opposed to Delaware law. Indiana law adopts a “conclusive presumption” in favor of decisions by disinterested directors with respect to corporate actions and with respect to the termination of derivative lawsuits brought by shareholders. The law also moved away from the negligence standard for personal liability of directors, as codified in Delaware, and adopted the requirement that a director must have acted willfully or recklessly to be personally liable. I.C. § 23-1-35-1. Further, Indiana has developed its own Commercial Court system. While the Commercial Courts are not the exclusive place in which business disputes are resolved, these Courts are based on the same general premise as the Delaware Chancery Court system, in that the Judges who run a Commercial Court docket in Indiana have a high volume of commercial cases and are generally more familiar with commercial law than a court of general jurisdiction. There is no universal answer to the question of where to incorporate a business. The only certainty is that businesses should recognize that they have a choice of where to incorporation and carefully examine the costs and benefits of incorporating in various states. For questions about incorporation contact a member of [Barrett McNagny’s Business Law Team](https://www.barrettlaw.com/practice-areas/business-law). Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Holly M. Weber](https:///our-people/holly-m-weber)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # 2021 Indiana Super Lawyers Publication | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/attorneys-recognized-in-2021-indiana-super-lawyers-publication ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/attorneys-recognized-in-2021-indiana-super-lawyers-publication) #Attorneys Recognized in 2021 Indiana Super Lawyers Publication **Barrett McNagny ****LLP** is proud to announce its listing in Indiana Super Lawyers for 2021.The following attorneys were selected for inclusion in their respective practice areas: - **[Kevin K. Fitzharris ](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)– **Alternative Dispute Resolution - **[Benjamin D. Ice ](https://www.barrettlaw.com/our-people/benjamin-d-ice)–** Medical Malpractice Defense - **[Robert T. Keen, Jr. ](https://www.barrettlaw.com/our-people/robert-t-keen-jr)– **Business Litigation - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) – **Employment & Labor - **[William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) –** Business Litigation - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) – **Employment & Labor Super Lawyers is a Thomson Reuters business and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Website Policies | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/website-policies ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/website-policies) #Website Policies Most businesses have websites. While the online movement is not a new phenomenon, many businesses are increasingly relying on their websites as a convenient tool to market, interact with current or potential customers, and transact business. However, as businesses continue to integrate into the online realm, it is imperative businesses monitor their websites to ensure compliance with the evolving legal landscape. Which website policies a company should implement for its website is dependent on several factors, including the company’s industry, geographical location, offerings on its website, and the types of data it collects. However, as a general rule, companies should implement a Terms of Use and a Privacy Policy. ![](https:///Data/Accounts/Files/1/468acbb284bdf03fa91eba2f68727127-cloud-gc5e477788_640-min.jpg) ###Terms of Use Although not required by law, Terms of Use (also referred to as Terms and Conditions or Terms of Service) are highly recommended. Terms of Use set forth the rules and guidelines for the use of a business’s website and create a legally binding contract between a business and the end users. Visitors of the website must agree to the Terms of Use to use the website. And, like any contract, Terms of Use can reduce liability by dictating the manner in which people may use the website, the warranties or promises it might give rise to, and the manner in which disputes may be remedied. Terms of Use typically cover items such as: (i) user rights and responsibilities; (ii) proper or expected usage of the website and potential misuse; (iii) accountability for online actions, behavior, and conduct; (iv) a privacy policy outlining the use of personal data; (v) payment details such as membership or subscription fees; (vi) an opt-out policy describing a procedure for account termination; (vii) disclaimer and limitation of liability provisions clarifying the website’s legal liability for damages incurred by users; and (viii) a procedure for user notification upon modification of terms. ###Privacy Policy If a business collects or uses any personal information from the users of its website, it must have a Privacy Policy in place. Personal information includes data such as customer names, email addresses, birthdays, credit card information, mailing addresses, and phone numbers. Various state and federal laws regulate what must be disclosed in a Privacy Policy depending on the type of business conducted through the website and the type of information collected. For example, certain industries such as education, healthcare, and financial services have more stringent privacy requirements. Certain states, such as California, provide end users a “right to know” and a “right to request deletion”, where end users can contact a company to request a copy of all data collected and/or request the company delete any personal information collected. In general, a Privacy Policy should include: - The specific type of personal information the company collects; - How the company collects the personal information; - Whether the company shares the collected personal information and, if so, to whom the personal information is disclosed; and - How the company manages and protects the personal information it collects. When developing a new Privacy Policy or updating an existing policy, a company should begin by identifying how the company collects and uses personal information and what type of personal information is collected. The Privacy Policy must accurately reflect the company’s actual practices – in other words, “say what you do, and do what you say.” Because of the evolving legal issues involved, we recommend companies review their website policies every 12 months to ensure compliance. If you have questions about your company’s website or are in the process of creating a new website, please contact the author or a member of [Barrett McNagny’s business practice group](https://www.barrettlaw.com/practice-areas/business-law). Tagged Attorneys [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [James J. O'Connor](https:///our-people/james-j-oconnor)| # Molitoris Earns Certification | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/cybersecurity/molitoris-earns-certification-from-the-international-association-of-privacy-professionals ##[Blog](https:///blog) [Back to Cybersecurity](https:///blog/cybersecurity) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/cybersecurity/molitoris-earns-certification-from-the-international-association-of-privacy-professionals) #Molitoris Earns Certification from the International Association of Privacy Professionals Barrett McNagny is pleased to announce that [Justin Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris), a business and corporate law attorney, recently obtained the CIPP/US certification from the International Association of Privacy Professionals identifying him as a certified information privacy professional. This certification demonstrates his familiarity with the federal, state and regulatory legal framework of the United States relating to information privacy and cybersecurity. As part of his business law practice, Justin has assisted companies with privacy issues and policies during business transitions, mergers or acquisitions. Justin advises businesses of all sizes on the impact of privacy laws in their day-to-day operations, including providing privacy impact assessments and risk assessments regarding the use and potential misuse of personally identifiable information. He counsels businesses on technological developments, including assisting with cybersecurity issues, breach preparedness and response, and software licensing. Justin earned his B.A. in Political Science and B.A. in English, with honors, from the Schreyer Honors College at Pennsylvania State University and he obtained his J.D., cum laude, at Indiana University - Maurer School of Law. He is admitted to practice before the Indiana and Ohio state courts, and the U.S. District Courts for the Northern and Southern Districts of Indiana. Tagged Attorneys [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| # Subordination Agreements May Be Modified | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/subordination-agreements-may-be-modified-in-bankruptcy-reorganizations ##[Blog](https:///blog) [Back to Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/subordination-agreements-may-be-modified-in-bankruptcy-reorganizations) #Subordination Agreements May Be Modified In Bankruptcy Reorganizations Subordination agreements are often integral elements of commercial lending. They typically take the form of “debt subordination” and/or “lien subordination”. In their most basic form, debt subordination agreements involve one creditor (the “subordinated creditor”) agreeing that it will not accept payments on account of the borrower unless (or until) the other creditor (the “senior creditor”) timely receives its payments under the senior credit obligation. Subordination agreements can also include lien subordination, in which the subordinated creditor agrees that its lien on the borrower’s property is subordinate to the senior creditor’s lien. Historically, the terms of subordination agreements have been enforced in bankruptcy reorganizations notwithstanding other language in the Bankruptcy Code (“Code”) which gives the debtor the right, in certain situations, to modify the obligations owed to creditors. Section 510 of the Code has been relied on to uphold the terms of subordination agreements. Very simply, it states that a subordination agreement “is enforceable … to the extent it is enforceable under applicable non-bankruptcy law.” ![](https:///Data/Accounts/Files/1/2bf145a3814e91d89cc2111831291dce-place-name-sign-g1e1ed215f_640.jpg) The Third Circuit Court of Appeals recently ruled that the “cramdown” provisions of Section 1129(b) of the Code trump Section 510. Although 1129(b) of the Code permits confirmation of a Chapter 11 Plan over the objection of creditors in limited circumstances, Courts have generally preserved the terms of subordination agreements. But the Third Circuit took a contrary position in In re Tribune Co., holding that a bankruptcy plan which changes, or even eliminates, the terms of a subordination agreement can be confirmed if the reorganization plan (i) does not unfairly discriminate against the dissenting rights of senior creditors, and (ii) is otherwise fair and equitable. The Third Circuit’s opinion will bind District Courts in Pennsylvania, Delaware, and New Jersey. It is not yet clear whether courts outside of the Third Circuit will follow this ruling. However, lenders, particularly in the context of planning their collection strategy, need to be aware that they cannot strictly rely on the enforceability of debt subordination agreements in the context of chapter 11 reorganizations, and plan accordingly. For questions contact a member of Barrett McNagny's [Business Law](https://www.barrettlaw.com/practice-areas/business-law) or [Bankruptcy and Creditors' Rights](https://www.barrettlaw.com/practice-areas/bankruptcy-and-creditors-rights-law) teams. About the Author: [Michael O'Hara](https://www.barrettlaw.com/our-people/michael-p-ohara) concentrates his practice in the areas of corporate law, finance and creditors' rights. He is an AV Preeminent rated attorney by Martindale-Hubbell and has been selected for inclusion in The Best Lawyers in America publication since 2016. He can be reached at (260) 423-8838 or at [mpo@barrettlaw.com](https://mailto:mpo@barrettlaw.com). Tagged Attorneys [Michael P. O'Hara](https:///our-people/michael-p-ohara)| # Real Estate Disclosure Form | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate/real-estate-disclosure-form-seller-liability ##[Blog](https:///blog) [Back to Real Estate Law](https:///blog/real-estate) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/real-estate/real-estate-disclosure-form-seller-liability) #Real Estate Disclosure Form ##**CAN FILLING OUT A RESIDENTIAL REAL ESTATE DISCLOSURE FORM SUBJECT A SELLER TO LIABILITY FOR FRAUD?** The Seller’s Residential Real Estate Disclosure Form is a representation of the seller’s knowledge of the condition of the home, not the actual condition of the home. See Hizer v. Holt, 937 N.E.2d 1, 7 (Ind. Ct. App. 2010) (“Sellers can be held liable for errors, inaccuracies, or omissions on the Sales Disclosure Form if the seller has actual knowledge of the defect”). To recover against a seller based on a claim of inaccuracies in the Seller Disclosure Form, the buyer must demonstrate that the seller had actual knowledge that the statement made in the Seller Disclosure Form was not true. ![](https:///Data/Accounts/Files/1/bb2f1f3bd4418d98776c4aa427cf5305-326e2f905d4b49fa365694d9f82b8c68-sale-gc5131e7aa_1920-min.jpg) In Harmon v. Fisher, 56 N.E.3d 95 (Ind. Ct. App. 2016), the seller disclosed that the home was connected to city sewer system even though it was not connected. Id. at 97. The buyer sued the seller for fraud and constructive fraud and the Court entered judgment in favor of the seller. The Court of Appeals affirmed, holding that it was the seller’s actual knowledge that was pivotal. The sale of the house was governed by the provisions of Indiana's real estate sales disclosure statutes. Ind. Code chapter 32-21-5 (2002). As pertains to the issue here, the disclosure form must contain the known condition of the water and sewer systems. Ind. Code § 32-21-5-7(1)(E) (2014). In this case, the form states that the information in the disclosure is correct to the best of the seller's "CURRENT ACTUAL KNOWLEDGE". Exhibit Vol. pp. 12-13. The form is not a warranty by the owner, and the disclosure form is not to be used as a substitute for any inspections or warranties the buyer or owner may later obtain. Ind. Code § 32-21-5-9 (2002). As applicable to this appeal, [*99] in the event the buyer discovers a defect after the sale has been completed, the seller's liability is limited such that the seller "is not liable for any error, inaccuracy, or omission of any information required to be delivered to the prospective buyer under this chapter if the error, inaccuracy, or omission was not within the actual knowledge of the owner." Ind. Code § 32-21-5-11 (2002). Therefore, Fisher's disclosure verified his "CURRENT ACTUAL KNOWLEDGE" of the water and sewer systems and septic fields and tanks, and the statute limited his liability for inaccuracies, errors, or omissions in the disclosure that were not within his actual knowledge. Exhibit Vol. pp. 12-13. In Johnson v. Wysocki, 990 N.E.2d 456, 466 (Ind. 2013), our Supreme Court held that the seller may be liable for fraudulent misrepresentations made on the disclosure form if he or she had actual knowledge that the representation was false at the time he or she completed the form. Id. at 98-99. The decision in Kashman v. Haas, 766 N.E.2d 417 (Ind. Ct. App. 2002) is also instructive. In Kashman, the sellers, on two occasions prior to selling their home, had discovered termite damage and paid a contractor to treat and fix the home. Id. at 418. A year after the second time termite damage was found and remediated, the sellers sold the home and affirmed in the Seller Disclosure Form that there was no termite damage. The buyers subsequently found damage from termites and sued the sellers. [![](https:///Data/Accounts/Files/1/22afd0d646a90185da180ff0f0b307de-Contact-Attorney.png)](https://#QuickContactUs) The trial court granted summary judgment in the sellers’ favor and the Court of Appeals affirmed, finding that there was “no designated evidence that reveals that Sellers had actual knowledge of any existing termite damage to the home at the time they completed he Disclosure Form and sold the home to Buyers.” Id. at 422. The takeaway from these decisions is that sellers who make representations on a Seller Disclosure Form with knowledge that the representations are false open themselves up to liability. On the other hand, sellers who accurately and fully disclose their knowledge of the condition of their homes should not be subject to liability for fraud. For questions contact a member of Barrett McNagny's [Real Estate](https://www.barrettlaw.com/practice-areas/real-estate-law) or [Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) team. About the Author: [Pat Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy) is an experienced litigator with over twenty years of experience. He assists clients in matters involving contract disputes, real estate, adverse possession, easements, boundary disputes and commercial litigation. He can be reached at (260) 423-8971 or at [pat@barrettlaw.com](https://mailto:pat@barrettlaw.com). Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [William A. Ramsey](https:///our-people/william-a-ramsey)| # Cybersecurity Basics in an Ever-Connected World | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/cybersecurity/cybersecurity-basics-in-an-ever-connected-world ##[Blog](https:///blog) [Back to Cybersecurity](https:///blog/cybersecurity) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/cybersecurity/cybersecurity-basics-in-an-ever-connected-world) #Cybersecurity Basics in an Ever-Connected World Data and privacy are increasing concerns in today’s business environment. Many states and foreign governments have passed legislation that attempts to address some potential risks existing in our hyper-cyber environment. Recently, on December 13, 2020, cybersecurity firm FireEye detected that the SolarWinds’ Orion Network Management Products were compromised by a foreign-state sponsored cyber-espionage intrusion. This wide-ranging campaign impacted many government entities, from federal to local agencies, and private businesses utilizing the Orion software across multiple industry sectors. Organizations are often responsible for implementing commercially reasonable cybersecurity protections, with obligations arising under laws, industry standards, and contracts. While the incident mentioned above is sophisticated and the related investigation ongoing, this incident and others have made clear that there are relatively simple steps each and every organization can take today to help mitigate cybersecurity risks and strengthen defenses. ![](https:///Data/Accounts/Files/1/6c88da08ccd64fcc0961148ef0ae3efa-cyber-g2fedb0ee3_1920-min.jpg)Many cybersecurity attacks or intrusions seek to exploit vulnerabilities that exist in every organization, namely individuals and technical vulnerabilities. In order to harden these universal vulnerabilities, an organization should conduct a cybersecurity audit and risk assessment, preferably annually and, if possible, through a third party. A cybersecurity audit can take many forms but, at its basic level, should cover the following: - Documenting and confirming current hardware (any not decommissioned) and installed software (even if unused); - Examining current organizational policies relating to the security practices, both physical and digital; - Examining data flow across the organization – What data is acquired by the organization? Where does the data go? Who has access? How is the data retained? How is the data disposed? - Reviewing technical frameworks relating to the foregoing. By understanding its cyber assets (both hardware and digital), an organization can better analyze its risk in the cyber world. [![](https:///Data/Accounts/Files/1/22afd0d646a90185da180ff0f0b307de-Contact-Attorney.png)](https://#QuickContactUs) A cybersecurity risk assessment helps an organization understand the role of cybersecurity in its day-to-day operations and impact its business model. A risk assessment should include technical, operational, and executive personnel. The risk assessment should include discussion of the following: - Threats to the organization – based on industry, organization, personnel, etc.; - Vulnerabilities in the organization – digital infrastructure, environment, etc.; - Probability of an event occurring; and - Impact on organization if an event were to occur. The risk assessment gives the organization the opportunity to understand its exposure and the implications cybersecurity has on day-to-day operations. The industry an organization operates in and its own complexity can change cybersecurity expectations and requirements. The first step in implementing a cybersecurity and privacy compliance framework is understanding how these issues fit within the organization as a whole. Software and tools can help strengthen an organization’s cybersecurity defense; however, organizational awareness, deliberation, and buy-in across all levels can assist in taking cybersecurity protection to the next level. For questions regarding [cybersecurity](https://www.barrettlaw.com/practice-areas/cybersecurity-and-privacy), contact the author [Justin Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris) at [jtm@barrettlaw.com](https://mailto:jtm@barrettlaw.com) or (260) 423-8859. Tagged Attorneys [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [James J. O'Connor](https:///our-people/james-j-oconnor)| # Landowner Obligations for Snow and Ice Removal | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/landowner-obligations-for-snow-and-ice-removal ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/landowner-obligations-for-snow-and-ice-removal) #Landowner Obligations for Snow and Ice Removal Anyone who has spent a winter in Indiana knows that snow and ice are unavoidable weather conditions. Slip-and-fall injuries are a common occurrence and a common subject of insurance claims that lead to lawsuits. To avoid the time and inconvenience of these claims, now is the time for commercial landowners to consider a snow and ice removal maintenance program, including what agreements to make with snow removal contractors. In Indiana, a landowner owes a duty of reasonable care to protect the people who visit the owner’s premises. Even though a landowner owes a duty to protect the visitors on its land, Courts have also made clear that landowners do not have to absolutely ensure that no one is injured on the premises. The concept of a duty of reasonable care could be interpreted in a number of ways. While what is “reasonable” usually depends on the circumstances and is a question a jury must decide, Indiana Courts have established the following definition to provide guidance: A landowner is only subject to liability for a visitor’s injuries caused by some condition of his/her land if: 1. the landowner either knows or by exercising the caution of an ordinary person would have found a dangerous condition and realized it involves an unreasonable risk of harm to visitors, and 1. should expect that the visitors will not discover or realize the danger, or will fail to protect themselves against it, and 1. the landowner fails to exercise reasonable care to protect them against the danger. So, what should landowners of a commercial property do to fulfill their duty to exercise reasonable care to those who visit their premises? Develop a policy for addressing snow and ice remediation –.and then stick to it. Courts do not expect a landowner to walk in front of a visitor with salt and a shovel, but neither will judges allow the landowner to ignore accumulated snow and ice. When accumulation occurs, the landowner, its representative, or a snow removal contractor should perform some type of remediation, such as shoveling, plowing, or salting. [![](https:///Data/Accounts/Files/1/11f151d26e71b0bf1066584f811d34e7-Schedule-Appt-Button-small.png)](https://#QuickContactUs) If a decision is made to hire a contractor to provide snow and ice remediation, make sure there is a written agreement. That written agreement should describe when the contractor will perform work on the premises and exactly what type of work will be done. Many snow removal contracts state that a contractor will perform work when 2 inches of snow has accumulated. The contract should also define the areas on the premises that the contractor will address. Some examples are parking lots, sidewalks, and stairways. If a landowner uses a 2-inch standard, the landowner should also develop a plan to address accumulations of less than 2 inches, as people can still slip under these conditions. Landowners should keep track of all the instances when a snow removal contractor performs work on the premises. If the contractor performs the work poorly, and injury to a visitor happens, the contractor could be held liable for negligence. Whenever a landowner learns of a slip-and-fall on its premises, a report should be made with as many details about the incident as possible. This report should include pictures of the premises, including the specific area where the fall occurred. This documentation should occur whether or not the visitor appears to be injured. Some injuries take a day or two to be made known. Finally, if a visitor is injured from a slip-and-fall, the landowner’s insurance company should be notified and provided with a copy of the landowner’s report. The sooner an insurance company is involved, the more steps that the company can take to prepare for a claim or suit related to the incident. Barrett McNagny’s [litigation attorneys](https://www.barrettlaw.com/practice-areas/litigation-services) can assist you in developing snow and ice removal maintenance policies and analyze your agreements with snow removal contractors to advise you on how to meet your duty of reasonable care. # Can an Injunction Solve Family Business Problems | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/closely-held-family-business-injunctive-relief ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/closely-held-family-business-injunctive-relief) #Can an injunction solve problems in a family business? Many family businesses are closely held, meaning only a few people have an ownership interest in the business. In these types of businesses, disputes between the shareholders can cause problems on many levels, sometimes leading to litigation. The Indiana Supreme Court has held that a minority shareholder (that is, a shareholder who owns less than half the company) in a closely held corporation can bring a direct lawsuit against the company and the majority owners for breach of the majority owners’ fiduciary duties. G & N Aircraft, Inc. v. Boehm, 743 N.E.2d 227 (Ind. 2001). The facts in the Boehm case were fairly egregious. Majority control was accomplished by a plan that included an intentional misuse of the corporation for personal gain to squeeze a minority owner out. The majority owners pursued their own personal interests at the expense of the corporation and used cash from the business to pay off personal and other entities’ debts. Based on these facts, the Indiana Supreme Court held that injunctive relief in the form of a forced sale was appropriate. The Court also approved awards of punitive damages and attorneys’ fees. The Indiana Court of Appeals has explained that a breach of fiduciary duty requires proof of three elements: 1. The existence of a fiduciary relationship; 1. A breach of the duty owed by the fiduciary to the beneficiary; and, 1. Harm to the beneficiary. ![](https:///Data/Accounts/Files/1/d293b2e619c881e8e4f9dfd24a54e5e9-hammer-g699c565cb_1920-min.jpg) This standard applies whether the alleged breaching party is a director, officer, or shareholder. The duty is always to deal fairly, honestly, and openly with the corporation and fellow shareholders. As the Court of Appeals explained, no shareholder should be distracted from the performance of his official duties by personal interests. West v. J. Greg Allen Builder, Inc., 92 N.E.3d 634 (Ind. Ct. App. 2017). Indiana Courts have consistently held that a claim for breach of fiduciary duties can be successfully made by either a minority or majority shareholder when an individual puts his or her personal interests above those of the corporation or fellow shareholders. To avoid a claim for breach of fiduciary duty, one must always put the corporation before one’s self and not compete with the best interests of the corporation. Injunctive relief such as a forced sale of shares, receivership, or dissolution is a significant step, but can sometimes be the only way to make an aggrieved owner in a closely held business whole. If you are a member or owner of a closely held corporation and are concerned about potential breaches of fiduciary duties, or have any questions regarding your options, contact one of Barret McNagny’s business or litigation attorneys. **About the Author:** [Pat Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy) is an experienced litigator representing businesses in commercial, business and intellectual property litigation. He has been listed since 2018 in The Best Lawyers in America publication and since 2014 in the Super Lawyers publication. He can be reached at (260) 423-8971 or at [pat@barrettlaw.com](https://mailto:pat@barrettlaw.com). Tagged Attorneys [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| # ​Is it medical malpractice or ordinary negligence? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence ##[Blog](https:///blog) [Back to Medical Malpractice](https:///blog/litigation/medical-malpractice) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/medical-malpractice/medical-malpractice-or-ordinary-negligence) #​Is it medical malpractice or ordinary negligence? **Why you should care.** Claims against healthcare providers for negligent acts fall into two broad categories of [medical malpractice](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense) and ordinary negligence. In general, claims that are related to the promotion of a patient’s health or a healthcare provider’s professional expertise, skill, or judgment are considered claims of medical malpractice, while claims that are unrelated to these issues are considered claims of ordinary negligence. The issue is important for healthcare providers to understand for several reasons. Claims of medical malpractice (with exceptions, including those that involve claims against providers who are not “qualified” by paying surcharges to the Indiana Patient’s Compensation Fund), fall within Indiana’s Medical Malpractice Act (the “MMA”), which provides significant procedural and substantive protections for healthcare providers. For example, claims that fall under the MMA have caps on the damages that a plaintiff can recover. For claims that are based on acts that occurred on or after July 1, 2019, a plaintiff’s maximum recovery is $1.8 million, and $500,000 per provider. Plaintiffs whose claims fall under the MMA must also (with limited exceptions) present their claims to a medical review panel before they may pursue their claims in state court. ![](https:///Data/Accounts/Files/1/ff35df9f00ed8cd2775e231463d0f7ea-doctor-geece727fe_1920-min.jpg) Whether a claim is one for medical malpractice or ordinary negligence can also affect whether the claims is covered by a healthcare provider’s professional negligence or general liability insurance policy. In addition to the different coverage limits, professional negligence policies often differ from general liability policies in that they generally provide some degree of control to the insured over whether a claim settles. That is, while the general rule in the insurance context is that the insurance company controls the defense of a claim and can make the decision to pay a settlement without the insured’s permission, professional negligence policies often contain a provision that requires, in at least some cases, the insured’s permission to settle a claims. Medical malpractice lawyers understand the importance of this question, which is why the issue is often litigated through the time-consuming process of an appeal in close cases. In a little over a year, the Indiana Court of Appeals has issued several decisions on this issue. [![](https:///Data/Accounts/Files/1/22afd0d646a90185da180ff0f0b307de-Contact-Attorney.png)](https://#QuickContactUs) In [Cortez v. Indiana University Health](https://www.in.gov/judiciary/opinions/pdf/07202001ebb.pdf) (Ind. Ct. App. July 20, 2020), the Court found that claims related to the maintenance of health records fell within the MMA. In [Community Health Network, Inc. v. McKenzie](https://www.in.gov/judiciary/opinions/pdf/05262001rrp.pdf), 150 N.E.3d 1026 (Ind. Ct. App. 2020), the Court held that claims that an employee of a medical office intentionally accessed medical records of patients without their consent fell outside Act, as the allegations were “not related to the promotion of their health and do not involve the use of professional expertise, skill, or judgment, as contemplated by the MMA.” And in [Martinez v. Oaklawn Psychiatric Ctr., Inc.](https://scholar.google.com/scholar_case?case=5161186645582733430&hl=en&as_sdt=6&as_vis=1&oi=scholarr), 128 N.E.3d 549 (Ind. Ct. App. 2019), trans. denied, the Court determined that a claim for wrongful death stemming from an altercation that occurred between a patient and an employee at group home for mental health patients who do not require inpatient services fell within the Act. The issue is sometimes difficult to resolve, as evidenced by the Martinez case, in which the plaintiff sought transfer to the Indiana Supreme Court and two Justices took the relatively uncommon step of [writing a dissent](https://www.in.gov/judiciary/files/order-other-2020-18A-CT-2883.pdf) from the Court’s declination to hear the case. The issue of whether certain acts fall within the MMA is sure to continue to be hotly contested by lawyers, and should also be followed by healthcare professionals, as the outcome of this question in a particular case can affect potential exposure to individuals or their employers, and trends related to certain kinds of claims can affect decisions on the types and amounts of insurance coverage to obtain. If you have questions on these or related issues, please contact one of Barrett McNagny’s [healthcare ](https://www.barrettlaw.com/practice-areas/health-care-law)or [medical malpractice](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense) attorneys. **About the Author:** [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) concentrates his practice in the areas of appeals, medical malpractice defense and commercial and business litigation. He can be reached at (260) 423-8824 or at [war@barrettlaw.com. ](https://mailto:war@barrettlaw.com) Tagged Attorneys [William A. Ramsey](https:///our-people/william-a-ramsey)| # Barrett McNagny LLP Named in 2021 “Best Law Firms” Rankings Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2021-best-law-firms-rankings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2021-best-law-firms-rankings) # Barrett McNagny LLP Listed in 2021 “Best Law Firms” Rankings **Barrett McNagny ****LLP** is proud to announce that the firm was ranked in the 2021 “Best Law Firms” rankings by **U.S. News Media Group** and **Best Lawyers®**. The firm was recognized for its first-tier ranking in the Fort Wayne area in the following practice areas: - Banking and Finance Law - Commercial Litigation - Corporate Law - Employee Benefits (ERISA) Law - Labor Law- Management - Litigation – Insurance - Real Estate Law - Trusts & Estates Law The firm was recognized for its second-tier ranking in the Fort Wayne area in the following practice areas: - Business Organizations (including LLCs and Partnerships) - Litigation- Labor and Employment - Litigation- Municipal - Medical Malpractice Law- Defendants - Personal Injury Litigation - Defendants These rankings showcased less than 10,000 law firms across the country. Firms were often separated by small or insignificant differences in overall score, so a tiering system, rather than a sequential system is used. The first-tier ranking includes those firms that scored within a certain percentage of the highest-scoring firm(s); the second tier, those firms that scored within a certain percentage of the next highest scoring firm(s), etc. The number of tiers included in each practice area or metropolitan area varies. **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found at http://www.bestlawyers.com/About/MethodologyBasic.aspx. # Niezer Recognized as Alumnus of the Year | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/niezer-recognized-as-alumnus-of-the-year ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/niezer-recognized-as-alumnus-of-the-year) #Niezer Recognized as Alumnus of the Year By Bishop Dwenger High School Thomas M. Niezer was recognized by Bishop Dwenger High School as Alumnus of the Year at their annual Hall of Fame dinner. A 1978 graduate of the school, Tom, his wife and four children are all graduates of the school and he has volunteered time as a school board member and a music booster volunteer. Below is the video of the presentation. [This is a link to the original iframe source: https://www.youtube-nocookie.com/embed/B78pZI0Hres?start=1452](https://www.youtube-nocookie.com/embed/B78pZI0Hres?start=1452) Tagged Attorneys [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| # 2021 "Lawyers of the Year" Attorneys | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/best-lawyers-in-america-lawyers-of-the-year-2021 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/best-lawyers-in-america-lawyers-of-the-year-2021) #Firm Attorneys Recognized as "Lawyers of the Year" in Best Lawyers in America **Local Attorneys Recognized as “Lawyers of the Year” in Best Lawyers® in America** **** The Fort Wayne law firm of **Barrett McNagny ****LLP** is proud to announce that four firm attorneys were selected by their peers for inclusion in **The Best Lawyers in America® 2021 **as “Lawyer of the Year” in their respective practice areas. ![](https:///Data/Accounts/Files/1/7b333ad246c2ccea4977dac4de481d41-LawyersoftheYear2020-min.png) [Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice) was selected “Lawyer of the Year,” Fort Wayne, in the area of Litigation- Insurance. [Thomas M. Niezer](https://www.barrettlaw.com/our-people/thomas-m-niezer) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Real Estate Law. [Michael P. O’Hara](https://www.barrettlaw.com/our-people/michael-p-ohara) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Corporate Law. [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Medical Malpractice Law – Defendants. They received this distinction based upon peer ratings. Only a single lawyer in each practice area in each community annually is honored as a “Lawyer of the Year.” **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [Review the description methodology used for inclusion in the publication.](https://www.bestlawyers.com./methodology) Tagged Attorneys [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [William A. Ramsey](https:///our-people/william-a-ramsey)| # The Americans with Disabilities Act (ADA) | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/reasonable-accommodation-and-interactive-process-under-the-americans-with-disabilities-act-ada ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/reasonable-accommodation-and-interactive-process-under-the-americans-with-disabilities-act-ada) #​“Reasonable Accommodation” and “Interactive Process” Under the Americans with Disabilities Act (ADA) Employers need to be aware of two key terms under the Americans with Disabilities Act (ADA), “reasonable accommodation” and “interactive process.” These two terms are integral in administering and adhering to the ADA. A “reasonable accommodation” is any change in the workplace or in the way things are customarily done that provides an equal employment opportunity to an individual with a disability. Common types of accommodations include: - Modifying work schedules or supervisory methods - Altering how and when job duties are performed - Removing and/or substituting a marginal function - Moving to a different office space - Allowing for telework - Making changes to workplace policies (e.g., those concerning breaks or leave) - Providing accessible parking for on-site employees - Providing a re-assignment to another job An “interactive process” refers to an information-gathering approach used by an employer with the employee to evaluate a request for an accommodation. It is intended to be a flexible approach that centers on communication between an employer and the individual requesting the reasonable accommodation but may involve obtaining relevant information from a supervisor and the employee’s healthcare providers. ![](https:///Data/Accounts/Files/1/725ea5557b7cf36ebd4c59f43193792a-pexels-marcus-aurelius-4064333-min.jpg) Generally, the interactive process is triggered by the individual with a disability – who has the most knowledge about the need for reasonable accommodation – informing the employer that an accommodation is needed. Some critical factors to remember with respect to a request include: - The request can be verbal or in writing; - The employee does not need to use any magic language when making the request; - The employee does not need to reference the ADA; and - The employee does not need to use the term “reasonable accommodation.” The employer may have a duty to recognize the need for an accommodation. The EEOC’s guidance provides: “[A]n employer should initiate the reasonable accommodation interactive process without being asked if the employer: (1) knows that the employee has a disability; (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability; and (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation.” To initiate the interactive process the employer must have notice that the employee has a “disability.” Some important rules to remember regarding notice include: - Notice provided to supervisors or managers will be imputed to the employer. - Notice may come from the employee directly, or from the employee’s family members, friends, health professionals, or other representatives. - Notice may come as a result of administering FMLA leave or a worker’s compensation claim. - The notice does not have to disclose the employee’s specific condition (e.g., the employer receives notice of treatment needed by an employee). - Notice may also come in the form of objective proof, such as sudden or increasing inability to perform job functions or physical manifestations of symptoms that are readily observable to others in the workplace. The employer must also have notice of the employee’s desire to obtain some type of accommodation. The notice of the employee’s desire for an accommodation can take a variety of forms, even notice that the employee wants to remain employed (in some capacity). The standard of proof is low. When an employee continues to come to work and continues to perform at least some of his/her essential duties employers are encouraged to proceed with the interactive process. Once the employer has notice of a disability and the need for an accommodation the employer should act promptly. The ADA requires (1) direct communication between the employer and employee to explore in good faith the possible accommodations; (2) consideration of the employee’s request; and (3) offering an accommodation that is reasonable and effective. Employers should make sure all necessary steps are taken to implement the accommodation (e.g., installing equipment or revising a schedule or policy) and should communicate with essential personnel about the accommodation. Employers should monitor the accommodation by checking on its effectiveness and encouraging ongoing communication. Reasonable accommodations and the interactive process are but two of many issues that can arise under the ADA. For questions on these or other issues, contact a member of [Barrett McNagny’s Labor and Employment group.](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law)[](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # The Best Lawyers in America 2021 Publication | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/the-best-lawyers-in-america-2021-publication ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/the-best-lawyers-in-america-2021-publication) #The Best Lawyers in America 2021 Publication **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The Best Lawyers in America® 2021 **in their respective practice areas: - [Mark H. Bains: ](https://www.barrettlaw.com/our-people/mark-h-bains)Real Estate Law - **[John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce): **Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Businesses Law; Corporate Law - **[H. Joseph Cohen:](https://www.barrettlaw.com/our-people/h-joseph-cohen) **Employment Law- Management; Labor Law - Management - [Kevin K. Fitzharris:](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) Commercial Litigation - **[Richard E. Fox:](https://www.barrettlaw.com/our-people/richard-e-fox) **Banking and Finance Law; Commercial Finance Law; Corporate Law; - **[Benjamin D. Ice:](https://www.barrettlaw.com/our-people/benjamin-d-ice) **Litigation – Insurance - **[Robert T. Keen:](https://www.barrettlaw.com/our-people/benjamin-d-ice) **Bet-the-Company Litigation; Civil Rights Law; Commercial Litigation; Litigation – Labor & Employment; Litigation – Municipal; Personal Injury Litigation – Defendants - [Thomas M. Kimbrough: ](https://www.barrettlaw.com/our-people/thomas-m-kimbrough)Litigation – Insurance - **[Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy): **Litigation – Insurance - [Joshua C. Neal:](https://www.barrettlaw.com/our-people/joshua-c-neal) Land Use and Zoning Law; Real Estate Law - **[Thomas M. Niezer:](https://www.barrettlaw.com/our-people/thomas-m-niezer) **Real Estate Law - **[James J. O’Connor:](https://www.barrettlaw.com/our-people/james-j-oconnor) **Labor Law – Management - [Michael P. O’Hara:](https://www.barrettlaw.com/our-people/michael-p-ohara) Banking and Finance Law; Corporate Law - [Trisha J. Paul: ](https://www.barrettlaw.com/our-people/trisha-j-paul)Trusts and Estates - [William A. Ramsey:](https://www.barrettlaw.com/our-people/william-a-ramsey) Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants - **[Cathleen M. Shrader:](https://www.barrettlaw.com/our-people/cathleen-m-shrader) **Appellate Practice; Commercial Litigation - **[Anthony M. Stites:](https://www.barrettlaw.com/our-people/anthony-m-stites) **Employment Law – Management; Labor Law – Management; Labor Law – Union; Litigation – Labor and Employment - **[Emily S. Szaferski:](https://www.barrettlaw.com/our-people/emily-s-szaferski) **Family Law The following firm attorneys who were selected by their peers for inclusion in **The 2021 Best Lawyers in America®**: **Ones to Watch** in their respective practice areas: - **[Thomas E. Ludwiski:](https://www.barrettlaw.com/our-people/thomas-e-ludwiski) **Corporate Law; Tax Law **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. [Read a description of the selection methodology for inclusion in the publication](https://www.bestlawyers.com/methodology). Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| # FMLA vs. the ADA | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/fmla-vs-the-ada ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/fmla-vs-the-ada) #FMLA vs. the ADA Although the Family Medical Leave Act (FMLA)* and the Americans with Disabilities Act (ADA) are distinct Acts, it can be difficult to determine if an employee qualifies for FMLA or ADA depending upon the situation. The following outline highlights some of the key differences between the FMLA and the ADA. ##**The Purpose of the Acts** ###FMLA Enacted in 1993 to provide job-protected leave to employees. ###ADA Enacted in 1990, and amended in 2008, to prohibit discrimination against disabled individuals. ##**Covered Employers** ###FMLA Private employers with 50 or more employees on the payroll for 20 or more calendar workweeks (which do not need to be consecutive) in either the current or proceeding calendar year. ###ADA Private employers with 15 or more employees on their payroll for 20 or more calendar workweeks (which do not need to be consecutive) in either the current or proceeding calendar year. ##**Eligible Employees** ###FMLA An employee must have worked for a covered employer for at least 12 months (which do not need to be consecutive) and at least 1,250 hours during the 12 months preceding the first day of the requested leave. ###ADA There is no minimum length of employment before an employer’s duty to accommodate is triggered, but the employee must be a qualified individual with a disability. ##**Qualifying Reasons** ###FMLA Eligible employees may take FMLA leave for the following reasons: - To care for a spouse, child, or parent with a serious health condition or for the employee’s serious health condition - The birth, adoption, or foster placement of a child - Military-related leave involving - A qualifying exigency for a family member on covered active duty status or call to covered active duty - To care for a covered service member with a serious injury or illness (eg. military caregiver leave). ###ADA To be entitled to accommodation, an employee or applicant must be a qualified individual with a disability. A qualified individual both: - Satisfies the requisite skill, experience, education, and other job-related requirements of the position the individual holds or desires And - With or without accommodation, can perform the essential functions of the position the individual holds or desires. ![](https:///Data/Accounts/Files/1/d3d5adf2b3cc9d3ae4e002fec292f2b2-handicap-gc89adbc8e_1920-min.jpg) ##**Serious Health Condition or Disability** ###**FMLA** A serious health condition is an illness, injury, impairment, or physical or mental condition that involves: - An overnight stay in a hospital, hospice, or residential medical care facility or any subsequent treatment in connection with inpatient care - Any period of incapacity for more than 3 consecutive full calendar days and any later treatment or incapacity required or caused by the same condition that also involves either - Two treatments, with a treatment defined as an in-person visit to a Health Care Professional (HCP) (the first treatment must occur within 7 days of the first day of incapacity) Or - One treatment by a HCP who prescribes continuing treatmentPeriodic incapacity because of pregnancy, including morning sickness or prenatal careChronic conditions such as migraines, depression, or diabetes that require at least 2 visits per year to an HCP; continue over an extended period; and cause episodic incapacityPermanent or long-term incapacity resulting from a condition for which treatment may not be effective (e.g. Alzheimer's Disease)Conditions that require absence to receive multiple treatments for restorative surgery after an accident or injury, or a condition that, without medical treatment, would most likely cause a period of incapacity of more than 3 consecutive days (e.g. cancer). ###ADA Disability is defined as either: - A physical or mental impairment that substantially limits one or more of the major life activities of the individual - A record of this kind of impairmentThe employer perceives the employee as disabled. ##**Leave Entitlement** ###FMLA Provides: - Up to 12 weeks of unpaid leave during an employer-specified 12-month period, if the leave is not for military caregiver leave. - Up to 26 weeks of unpaid leave in a single 12-month period for military caregiver leave. ###ADA The ADA does not mandate paid or unpaid leave, or any specific amount of leave. However, unpaid leave may be a reasonable accommodation for an eligible employee if: - There is no other effective accommodation And - The leave does not cause an undue hardship on the employer ##**Employer Response Requirements** ###FMLA An employer must provide the employee: - Notice of eligibility and rights and responsibilities within 5 business days (absent extenuating circumstances) of an employee’s request for FMLA leave or the employer learning through other means of the employee’s need for leave that may be FMLA-qualifying - A designation notice within 5 business days of the employer having enough information to determine whether the employee’s leave is FMLA-qualifying that: - States that the leave (specifying the amount) has been or has not been designated as FMLA-qualifying - If the employer requires additional information to determine qualification, explain what additional information is needed/required - States any requirement for substitution of paid leave - If applicable, includes requirements for fitness-for-duty certification ###ADA Once an employer receives a request for a reasonable accommodation, the employer must respond promptly. The employer should: - Engage in the interactive process as quickly as possible with the individual with a disability; and And - Promptly provide a reasonable accommodation, absent undue hardship (but it does not have to be the specific accommodation requested). ![](https:///Data/Accounts/Files/1/c0cd2874b5e7e3ec69bc9803e8346c66-7f821ef70b1b9911589d0d869b2b5f57-baby-g6e3daa24d_1280-min.jpg) Regardless of whether an employee’s situation falls under the ADA or FMLA, it is important for an employer to accurately monitor and document the situation. If you have questions as to whether an employee qualifies for FMLA or ADA, contact a member of Barrett McNagny’s Labor and Employment team. *Please note that the **Emergency Family and Medical Leave Expansion Act**, which expires on December 31, 2020, applies to all employers with 25 or more employees. Any employee who has been employed for at least thirty (30) calendar days is eligible for Public Health Emergency Leave, which may be used to allow the employee to care for a child (under 18 years of age) if the child’s school or place of care has been closed, or the childcare provider is unavailable, due to a public health emergency declared in respect to COVID-19 by a federal, state, or local authority. # Military Divorce: Documents for Retirement | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law/military-divorce-documents-that-need-to-be-reviewed-for-military-retirement-benefits ##[Blog](https:///blog) [Back to Family Law](https:///blog/family-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/family-law/military-divorce-documents-that-need-to-be-reviewed-for-military-retirement-benefits) #Military Divorce: Documents that Need to be Reviewed for Military Retirement Benefits Indiana is a “one pot” state, in which all assets owned by the parties at the time of divorce are considered marital assets that will be divided in some fashion between the parties, either by the Court or by agreement. Retirement benefits are often an important component of a marital property division or settlement agreement. When one of the divorcing parties is or was a member of the military, it is important to identify, locate, and review the relevant documents early in the process in order to analyze the value of the retirement benefits and how they could fit into the overall property distribution. The list of relevant documents will depend on the servicemember’s status at the time of divorce. **Active-Duty and Reserve Service ** When the servicemember is currently on active duty, the two relevant documents to analyze are: 1. Thrift Savings Plan Statements; and 1. Leave and Earnings Statements. If the servicemember is currently a member of one of the reserve components, the servicemember will have an annual form called the Retirement Points Annual Statement. **Active-Duty Retirement** If a servicemember has already retired from active duty from the armed forces at the time of divorce, the following nine documents should be analyzed: 2. Letter from Defense Finance and Accounting Service; 2. Retiree Account Statement; 2. Retirement Orders; 2. Veteran Affairs Disability Rating Decision Letters; 2. Member Service Record (DD Form 214 or NGB 22); 2. Survivor Benefit Plan Election Statement for Former Spouse Coverage (DD Form 2656-1); 2. Data of Payment for Retired Personnel (DD Form 2656); 2. Forms 1099-R; and 2. Thrift Savings Plan Statements. **Guard or Reserve Retirement** If a servicemember served in the National Guard or the Reserves, the following seven documents should be analyzed: 3. Retirement Point Statements; 3. Notice of Eligibility (“20-Year Letter”); 3. Reserve Component Survivor Benefit Plan Election Certificate (DD Form 2656-5); 3. Application for Retirement; 3. Retirement Orders; 3. Veteran Affairs Disability Rating Decision Letters; and 3. Thrift Savings Plan Statements. **Military Disability Retirement** The information for active-duty retirement (see above) also applies to a servicemember who is given a disability retirement. A servicemember who is given a disability rating of 30% or above will receive disability retirement and military disability retirement pay. The following three documents should be analyzed in these situations: 4. Temporary Disability Retirement List Orders; 4. Physical Evaluation Board Report; and 4. Permanent Disability Retired List Orders. Obtaining, early in the process, the relevant retirement benefits documents can go a long way to formulating an overall position on the distribution of material assets. For questions regarding military retirement benefits during a divorce, please contact a member of [Barrett McNagny’s Family and Domestic Law group. ](https://www.barrettlaw.com/practice-areas/family-and-domestic-law) Tagged Attorneys [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| # Phones Down While Driving, Indiana | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/phones-down-while-driving-indiana ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/phones-down-while-driving-indiana) #Phones Down While Driving, Indiana As of July 1, 2020, those operating a moving motor vehicle in the Hoosier state are prohibited from holding a cell phone. House Bill 1070, effective July 1, 2020, amends Indiana Code § 9-21-8-59 so as to prohibit an individual from holding or using a telecommunications device, including phones, pagers and other text messaging devices, while operating a moving motor vehicle. This amendment expands the previous ban on “using” a telecommunications device, which was defined as typing, transmitting or reading a text message or email. Now, **any activity** that involves a driver holding a phone is prohibited while the driver is operating a “motor vehicle,” which includes most any self-propelled vehicle other than an electric foot scooter. ![](https:///Data/Accounts/Files/1/73029b87b086b4d525cc807f8c7da373-iphone-7-g8f80d67b1_1920-min.jpg)Indiana Code § 9-21-8-59(b) and (c) provide two exceptions to this general rule. First, a telecommunications device may be used in conjunction with hands-free or voice-operated technology. Additionally, a telecommunications device may be held and used to call 911 to report an emergency. Failure to follow the law will result in a ticket with fines of up to $500; however, officers may not, without your consent, confiscate the device to determine compliance with the law or retain it as evidence of violation of the law. Please[contact an attorney at Barrett McNagny ](https://www.barrettlaw.com/contact-us)with any questions regarding these new restrictions. Most importantly, stay safe! # What Should an Internet Usage Policy Include? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/what-should-your-companys-internet-usage-policy-include ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/what-should-your-companys-internet-usage-policy-include) #What should your company’s internet usage policy include? It is important for a business to have an internet usage policy in place that sets and establishes guidelines for employees to follow while using the internet at work. Such a policy should address issues including preventing software piracy, decreasing cybersecurity threats through malware and spyware, deterring misuse of employer-owned computers and network, and increasing employee productivity. Often, employers will include these policies within in the employee handbook. Whether the policy is included in the handbook or distributed as a stand-alone document, employers should have all employees sign a document stating they have received a copy of the policy or the employee handbook. ![](https:///Data/Accounts/Files/1/ef5267e98a92d2a26e2792b73f66282f-macbook-gfeeb8e3fb_1920-min.jpg) An internet usage policy should include the following: - A notification that all aspects of employee use of company-owned equipment can be monitored at any time and without notice. - A statement of the reasons for the policy. - A description of what constitutes improper use of employer-owned equipment. - A description of what constitutes proper employee computer use. - A statement prohibiting unauthorized encryption of information such as email on business computers. - A statement notifying employees that violating the policy can lead to disciplinary action. - A zero-tolerance policy for communication that is offensive, discriminatory, or constitutes harassment. - Depending on the nature of an employer’s business, a statement limiting the use of the internet. Employers should consult legal counsel to ensure any internet usage and/or social media policies do not violate employee rights under state or federal law, including but not limited to the National Labor Relations Act. If you have questions regarding your internet usage policy or need assistance in creating a policy, please contact a member of [Barrett McNagny’s labor and employment team.](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Federal Anti-Discrimination Laws Decision | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/supreme-court-decision-on-federal-anti-discrimination-laws ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/supreme-court-decision-on-federal-anti-discrimination-laws) #Supreme Court Decision on Federal Anti-Discrimination Laws The Supreme Court of the United States ruled on June 15, 2020 that the existing Federal Anti-Discrimination laws provide protection to applicants and employees on the basis of their sexual orientation and/or transgender status. The Supreme Court, by a 6-3 vote, ruled that Title VII of the Civil Rights Act of 1964 covers sexual orientation and transgender status. The Supreme Court upheld rulings from lower Courts that had determined that sexual orientation discrimination was prohibited as a form of sexual discrimination; and that transgender status was likewise protected. The Seventh Circuit, which covers Indiana, Illinois and Wisconsin, had made such a determination over a year ago. In addition, while many commentators have indicated this is a surprising vote, in reality it should not be. The United States Supreme Court, in 1998, had previously ruled that discrimination by heterosexual males against another heterosexual male was prohibited under Title VII if the discrimination was based on the harassers' view of how individuals of one gender should act. This appears to be the very basis for protection for sexual orientation and transgender status. Many Courts had slowly come to realize that distinction made in the 1998 Supreme Court. Now any doubt has been eliminated by the United States Supreme Court's ruling on June 15, 2020. Barrett McNagny continues to urge its clients, and continues to train its clients, that non-job related factors simply should not be a factor in making any decision with hiring, discipline, promotions, terminations, or any other term or condition of employment. All employment related decisions should be based upon legitimate, non-discriminatory business related reasons and factors. For additional questions contact a member of the [Barrett McNagny Labor and Employment team](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law). Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Business Startup Formation Checklist | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/business-startup-formation-checklist ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/business-startup-formation-checklist) #Business Startup Formation Checklist ![](https://www.barrettlaw.com/Data/Accounts/Files/1/0c15f78f418556bdfe231cd3af6e22ed-checklist-g7532cfda0_640.jpg) When starting a business, here are 10 key items to consider to help prepare you for the process. ##**Choose the Type of Entity** There are a variety of entities to consider, including sole proprietorship, general partnership, limited partnership, C-Corporation, S-Corporation, limited liability company, and limited liability partnership. Each comes with its own pros and cons. It is important to evaluate each entity to determine which is best suited for your business, with relevant factors including tax consequences, governance and management considerations, and how the business will handle employees. ##**Choose the State of Formation** In determining the state of formation, you will need to consider the location of the principal place of business, the requirements to qualify to do business in other states, and the tax considerations of forming in certain states. ##**Choose a Name** The name of the entity must be distinguishable from other entities and include an identifier for the type of entity When selecting a name for your business, it is particularly important to consider current and future trademark concerns. ##**Prepare and File the Formation Documents** There are a number of documents that need to be filed with the applicable Secretary of State. It is important that you prepare and file the correct paperwork for the type of entity selected. ##**Prepare the Governance Documents** Each type of entity has organic, self-governing documents. For example, a corporation generally uses by-laws and a limited liability company generally uses an operating agreement. These documents are important to outline, among other things, how the business will operate and how ownership will be allocated or changed. ##**Undertake Initial Acts** Some actions should be taken in conjunction with the formation of the business, including opening bank accounts, adopting a fiscal year, and electing officers, if applicable. ##**Prepare the Minute Book** You will need to maintain copies of all formation documents, agreements, resolutions, and other important governance documents. ##**Register with Taxing Authorities** You will need to apply for a Federal Employer Identification Number and register for various state and county taxes. In Indiana, you should fill out an application using the Indiana Department of Revenue Form BT-1. ##**Post-Formation Requirements** As your business moves forward you will want to continue to keep accurate recordkeeping including Indiana Business Entity Reports (if organized in Indiana), annual minutes, accounting records, and tax returns. ##**Exit Planning** As you look to the future of your business, it is important to think about an exit plan for you, whether by succession to future generations, sale to another business or individual, change in entity, or otherwise. For questions about starting a business contact the author, Justin Molitoris at (260) 423-8859 or at [jtm@barrettlaw.com](https://mailto:jtm@barrettlaw.com) or contact a member of [Barrett McNagny’s Business and Corporate group](https://www.barrettlaw.com/practice-areas/business-law). Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # ​My company’s data server was hacked. Now what? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/my-companys-data-server-was-hacked-now-what ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/my-companys-data-server-was-hacked-now-what) #​My Company’s Data Server was Hacked. Now what? In February, 2020, the FBI released the Internet Crime Complaint Center (IC3) 2019 Internet Crime Report.The Report details that, in 2019 alone, the number of cybercrime complaints from individuals and business organizations totaled 467,361 and the total cost of those reported crimes exceeded $3.5 billion [i]. In just the last 2 months, business organizations have relied even more heavily on their cybernetwork strength and security to support remote working arrangements. This increased usage correlates to increased opportunities for cybercrime [ii]. These bad cyber-actors (or “hackers”) are targeting businesses to obtain any and all information that might have some form of value.It is imperative that companies have a set of steps in place to respond quickly for the sake of those affected and to comply with any and all regulating state or federal authorities, such as any applicable State Attorney General’s offices. ###First, determine the nature of the attack. For example, a ransomware attack prevents your organization from operating unless and until the hackers receive a demanded sum of money. Failure to pay the ransom may result in an inability to operate a business.A spoofing or spear-phishing attack may be the beginning of a more targeted campaign. This kind of attack may be easily thwarted by simply not opening or responding to a particular email.If your organization has in-house IT personnel, consult them immediately. A primary goal is to determine how this incident occurred so that the breach does not becoming a continuing problem. ###Second, determine the nature of the compromised data. A bad actor could obtain unauthorized access to your company’s clients or customer contacts, employees’ personal identifying information (such as dates of birth, social security numbers, physical or email addresses), trade secrets and intellectual property, or bank information that could allow a hacker to intercept wire transfers. The specific mitigation strategy will depend on the type and amount of data that has been compromised. ###Third, determine if your company has- cyber insurance coverage that could assist. Although these policies are becoming more standardized, coverage benefits still vary greatly and may be tailored to fit the nature of your business or the kind of data you maintain. Standard Commercial General Liability (CGL) policies will likely not provide the coverage or benefits your business will need if it falls victim to a cyber-crime. Cyber insurance policies will provide access to a variety of vendors to mitigate the effects of an attack. Benefits under these policies may include: legal services for advising you through the incident and the handling of any self-reporting obligations; computer forensics or other IT support; enrollment in credit monitoring services for affected persons; and consultations with public relations experts for advce on how best to address the public’s reaction to the event. ###Data Breach Plan As soon as your company notices or suspects that “unauthorized access” (a breach) has occurred, your plan should be ready to execute. A solid response plan will identify a team of selected people that consist of internal employees who oversee information technology, key management personnel, and any external advisors/vendors, such as legal counsel or a more sophisticated IT service provider. In conjunction with the topics identified above, a company’s response plan should consist of: - Steps to determine and record details about the breach, including dates of discovery, the manner of discovery, and the nature and scope of data that might have been compromised. - Instructions to issue immediate instructions that all employees change passwords immediately. - Locate the applicable cybersecurity insurance policy.Also, have at the ready the names and contact information for the vendors you would prefer to use on this breach response. (Some insurance underwriters will permit policyholders to use their preferred counsel if said counsel has experience with cyber breach responses). Many states will require notices to be sent to affected persons. Each state may require certain information to be shared. Your counsel should work with your company’s designated response representative to determine whether a report must be made to a particular State Attorney General and what the content of each notice letter to affected persons should include. Be advised that, depending on the nature and scope of the breach, individuals may have private rights of action against your company that may entitle them to actual damages, statutory damages and recovery of attorney fees. Unfortunately, the risk of cyber-breach is part of doing business in today’s business world. But a company can protect itself and stay ahead of an incident by implementing strong firewall and network security, obtaining and understanding their cyber insurance policy, and having a data breach plan in place before any unauthorized access is discovered. For answers to any additional questions, contact James O’Connor at [jjo@barrettlaw.com](https://mailto:jjo@barrettlaw.com). *** [i] [The FBI Issues A Powerful $3.5 Billion Cybercrime Warning](https://www.forbes.com/sites/daveywinder/2020/02/13/the-fbi-issues-a-powerful-35-billion-cybercrime-warning/#11af5bf5187f) [ii] [Cyber Actors Take Advantage of COVID-19 Pandemic to Exploit Increased Use of Virtual Environments](https://www.ic3.gov/media/2020/200401.aspx) Tagged Attorneys [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [James J. O'Connor](https:///our-people/james-j-oconnor)| # Final Title IX Regulations | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/final-title-ix-regulations ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/final-title-ix-regulations) #Final Title IX Regulations On May 6, 2020, the U.S. Department of Education released the long-awaited final regulations regarding the procedures for colleges to use in handling sexual-harassment complaints. The deadline for compliance is August 14, 2020. Since the regulations were issued during the COVID-19 crisis, as of now, colleges and universities should expect to achieve compliance by the deadline and not count on any extension of time because of the crisis. The most significant changes are as follows: - Colleges now have the choice of whether to mandate that all employees report any known instance of sexual harassment to the Title IX office or to elect to have some employees be confidential resources for students to discuss sexual harassment without mandatory reporting to the Title IX office. - The definition of sexual harassment for Title IX has been narrowed. It is broken down into three categories: (i) any instance of quid pro quo harassment by a school’s employee; (ii) any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person access to the school’s education program or activity; or (iii) any instance of sexual assault (as defined in the Clery Act[[1]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/0PYSR9BT/CMS%20Edit%20to%20%20Title%20IX%20Firm%20Blog%20Article%20(003).DOCX#_ftn1)), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act.[[2]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/0PYSR9BT/CMS%20Edit%20to%20%20Title%20IX%20Firm%20Blog%20Article%20(003).DOCX#_ftn2) - The scope of sexual harassment claims that are subject to Title IX has also been narrowed. Generally, Title IX governs a college’s response to alleged sexual harassment if it occurs “in the school’s education program or activity, against a person in the United States.” This, therefore, excludes allegations of sexual harassment that occur in off-campus housing or during a study abroad program. However, this definition does include “any building owned or controlled by a student organization that is officially recognized by a postsecondary institution (such as a fraternity or sorority house).” - The regulations require additional disclosures identifying the employee who is responsible for receiving Title IX complaints, referred to as the “Title IX Coordinator.” In addition to notifying students and employees of the Title IX Coordinator’s contact information, colleges will need to notify applicants (both for admission and employment), and also must have the contact information prominently displayed on their websites. - The standard for a college’s mandatory response to sexual harassment complaints is as follows: “schools must respond promptly to Title IX sexual harassment in a manner that is not deliberately indifferent, which means a response that is not clearly unreasonable in light of the known circumstances.” Colleges additionally must (1) offer supportive measures to the complainant; (2) promptly contact the complainant confidentially to discuss the available supportive measurer and explain the process of filing a formal complaint; (3) follow a grievance process before imposing any discipline against a respondent; and (4) must not restrict rights protected under the U.S. Constitution, including the First Amendment, Fifth Amendment, and Fourteenth Amendment. - Colleges will be required to hold live hearings where the parties may cross-examine each other. Each party has the right to retain their own advisor in this process who would essentially play the role of a lawyer, but the advisor need not be a lawyer. If a party has not retained their own advisor, the college must provide, without charge, an advisor of the school’s choice, who need not be a lawyer. - Colleges will now have the option to choose between two burden-of-proof standards: (1) preponderance of the evidence; or (2) clear and convincing evidence. Once a college chooses a standard, it must be applied uniformly to all complaints of sexual harassment. - In addition to the initial investigation and hearing process, colleges must offer both parties an appeal from the final determination on the following bases: procedural irregularity that affected the outcome, newly discovered evidence, and/or a conflict of interest or bias on the part of the Title IX personnel that affected the outcome. A school may choose to offer an appeal equally to both parties on additional bases. - In its discretion, a school may offer and facilitate informal resolutions similar to mediation or restorative justice to which any party may withdraw prior to its conclusion. Both parties must give voluntary, informed, written consent to an informal resolution. Schools may not require as a condition of enrollment that parties waive the right to a formal investigation, and schools may not offer or facilitate information resolution where the respondent is a school employee. There have been two significant points of contention regarding these regulations. First, there is concern about the imminent deadline for compliance. On March 24, 2020, the American Council on Education (“ACE”), joined by over thirty other higher education associations, wrote a public letter to Secretary of Education Betsy DeVos stating that, in light of the COVID-19 pandemic, “colleges and universities should not be asked to divert precious resources away from more critical efforts in order to implement regulations unrelated to this extraordinary crisis.”Secretary DeVos, in response to criticism regarding the imminent deadline, said, “civil rights really can’t wait.”[[3]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/0PYSR9BT/CMS%20Edit%20to%20%20Title%20IX%20Firm%20Blog%20Article%20(003).DOCX#_ftn3) Second, opponents fear the regulations requiring complainants to go through a more rigorous reporting process and courtroom-like procedures will result in overly litigious investigations and may dissuade victims of sexual harassment from filing a complaint, particularly due to the element of cross examination. At the same time, the regulations were issued in part to address the concern that those accused of sexual harassment did not have a sufficient opportunity to defend themselves against false accusations. On this point, Secretary DeVos said, “cross examination is an important part of ensuring truth is found[.] Our rule is very sensitive to not requiring students to face each other. In fact it specifically prohibits that. But it’s an important part of ensuring that justice is ultimately served.”[[4]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/0PYSR9BT/CMS%20Edit%20to%20%20Title%20IX%20Firm%20Blog%20Article%20(003).DOCX#_ftn4) Overall, there are substantial changes to a college’s obligations in response to allegations of sexual harassment and a short time frame to implement the changes. As short as the deadline may seem, colleges should not depend on an extension of time as it clearly reflects a decision made by the Department of Education in light of the COVID-19 crisis. This list is merely a summary intended to put colleges on notice of the most significant changes they will be facing. A more exhaustive analysis of the new regulations will be required to ensure full compliance. *** [[1]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/0PYSR9BT/CMS%20Edit%20to%20%20Title%20IX%20Firm%20Blog%20Article%20(003).DOCX#_ftnref1)The Clery Act ([20 U.S.C.](https://en.wikipedia.org/wiki/Title_20_of_the_United_States_Code)[§ 1092(f)](https://www.law.cornell.edu/uscode/text/20/1092#f) with implementing regulations at [34 C.F.R.](https://en.wikipedia.org/wiki/Title_34_of_the_Code_of_Federal_Regulations) 668.46), was signed into law by President George H.W. Bush in 1990 as the Crime Awareness and Campus Security Act of 1990. The Act was renamed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act in 1998, in memory of Clery, who was raped and murdered in her campus dorm in 1986. [[2]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/0PYSR9BT/CMS%20Edit%20to%20%20Title%20IX%20Firm%20Blog%20Article%20(003).DOCX#_ftnref2)The Violence Against Women Act of 1994 (“VAWA”) was a United States federal law signed as Pub. L. 103–322 by President Clinton on September 13, 1994.As a result of the [United States federal government shutdown of 2018–2019](https://en.wikipedia.org/wiki/United_States_federal_government_shutdown_of_2018%E2%80%932019), the VAWA expired on December 21, 2018. It was temporarily reinstated via a short-term spending bill on January 25, 2019, but expired again on February 15, 2019. The House of Representatives passed the Violence Against Women Reauthorization Act of 2019, but the bill stalled in the Senate. [[3]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/0PYSR9BT/CMS%20Edit%20to%20%20Title%20IX%20Firm%20Blog%20Article%20(003).DOCX#_ftnref3) [NPR - Federal Rules Give More Protection To Students Accused Of Sexual Assault](https://www.npr.org/2020/05/06/851733630/federal-rules-give-more-protection-to-students-accused-of-sexual-assault). [[4]](https://file:///C:/Users/mjr/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/0PYSR9BT/CMS%20Edit%20to%20%20Title%20IX%20Firm%20Blog%20Article%20(003).DOCX#_ftnref4) Id. Tagged Attorneys [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Fraud Prevention Resources for Unemployment Insurance | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/cybersecurity/fraud-prevention-resources-for-unemployment-insurance ##[Blog](https:///blog) [Back to Cybersecurity](https:///blog/cybersecurity) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/cybersecurity/fraud-prevention-resources-for-unemployment-insurance) #Fraud Prevention Resources for Unemployment Insurance U.S. Department of Labor (DOL) released updated resources for employers, employees, and states to prevent fraud or misuse in the unemployment insurance system, including the new unemployment insurance programs under the Coronavirus Aid, Relief and Economic Security (CARES) Act. [News Release from the U.S. Department of Labor](https://www.dol.gov/newsroom/releases/eta/eta20200519) # Due Diligence Items When Buying a Business | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/important-due-diligence-items-to-consider-when-buying-a-business ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/important-due-diligence-items-to-consider-when-buying-a-business) #Important Due Diligence Items To Consider When Buying a Business When deciding to purchase a business, one of the most important pre-transaction items for the buyer to complete is a due diligence review of the target company. Sufficient due diligence will ensure both buyer and seller are clear as to which liabilities are being assumed in the purchase documents, bring to light unknown liabilities, and assist in the post-closing integration process. Best and typical practice involves the buyer and seller agreeing ahead of time, either through a letter of intent process or otherwise, the scope, logistics (some due diligence may require in-person site visits), and responsibilities for due diligence. Important categories of a thorough due diligence review include an analysis of the legal contracts which the target company has entered into, real estate and environmental matters, intellectual property and cybersecurity concerns, and the target company’s employment matters. ##Contracts When reviewing legal contracts of a target company, a major point of concern will focus on whether there is an anti-assignment or change of control provision. The relevance of either provision will depend on whether the transaction is structured as an equity or asset transaction. If an important contract of the target company includes an anti-assignment or change of control provision, the parties will likely need to receive consent for the assignment or change of control from the other contracting party. This procedure can take time and potentially require more negotiation with the third-party. While dealing with an anti-assignment provision can lead to some expense, addressing consent issues pre-transaction will place the buyer in a better bargaining position with the other contracting parties and reduce potential delays in closing. ##Real Estate Whether the target company owns or leases real estate is an important inquiry to make, particularly if there is liability associated with issues to the chain of title to real estate, if the real estate is subject to a mortgage or other security arrangement, or if landlord-tenant relations are strained. If the target company does own real estate, specific due diligence inquiries need to be made regarding the legal rights the target company owns in that real estate as well as the owner’s potential environmental liability. Alternatively, if the target company merely leases real estate, a detailed review of the lease is crucial. The buyer must ensure that it can “enter the shoes” of the seller in the lease without liability, and if not, negotiate with the landlord with regard to taking over the lease. Additionally, it is important to understand whether the lease terms are sufficient for the buyer’s plans and to assess how the lease fits in with the buyer’s strategic planning after the transaction. ##Intellectual Property Intellectual property continues to demand increasing relative value in a business’s going concern. Even if the target company is not a technology or IP-centric business, the target company will own intellectual property rights in its name, website addresses, any form of software developments or enhancements, and related items. Pre-transaction due diligence into intellectual property matters will ensure that a buyer takes title to all the intellectual property of the target company, not just traditional intellectual property assets such as patents or trademarks. ##Cybersecurity As cybertheft continues to become more prevalent, and state and federal laws protecting individual and consumer information become more restrictive, it is crucial to know whether the target company has experienced a cybersecurity breach, as well as determine what the risk is that the target company has or could fall victim to a cybersecurity breach. ##Employment Finally, it is important to understand, comprehensively, the relationships between the target company and its employees, both in the context of potential legal liability and in terms of post-transaction integration. Buyers, as a matter of state and federal employment laws, could assume long-term liability related to employee benefits (health insurance, 401k and retirement planning, etc.) and employment discrimination or safety proceedings. Additionally, it is important to understand whether the target company’s employees are subject to written or oral employment agreements, as well as confidentiality and non-compete agreements. If the target company does not enter into confidentiality and non-compete agreements with its employees, the buyer should consider using such agreements in its plans for post-transaction integration and assess how the presence or absence of such agreements will affect navigation of future employment relationships. It is important for a buyer to understand all aspects of the business it is purchasing. Failing to do so will result in the assumption of unknown liabilities and severely limit the upside of the buyer’s investment. Proper due diligence, starting with the above considerations, is a crucial item to undertake before a buyer purchases another business. If you have questions or would like assistance with a due diligence process, or any other aspect of a business purchase transaction, please contact a member of [Barrett McNagny’s Corporate and Business Law Group](https://www.barrettlaw.com/practice-areas/business-law). # S Corp or LLC - Which is Right for My Business? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/s-corp-or-llc-which-is-right-for-my-business) #S Corp or LLC – Which is Right for My Business? At some point, each new business owner must determine which type of entity to form. Perhaps a C Corporation? An S Corporation? Maybe a limited liability company? Thankfully, this decision need not be as complicated as it might seem. While C Corporations—corporations taxed under Subchapter C of the Internal Revenue Code—are popular, particularly among larger businesses, C Corps are subject to two layers of taxation: once at the corporate level and once at the shareholder level. On the other hand, S Corporations (“S Corps”)—corporations taxed under Subchapter S of the Internal Revenue Code—and limited liability companies (“LLCs”) are generally subject to only one layer of taxation, a difference which could mean millions of dollars in tax savings over the course of a business’s life. Understanding the differences between an S Corp and an LLC is critical to ensuring your business is set up for success moving forward. ##Forming an LLC or S Corp ###How to Form an S Corporation For state-law purposes, the process of forming an S Corp is identical to that of forming a C Corp. In Indiana, that means choosing an entity name, filing articles of incorporation, and paying a filing fee. To become an S Corp, the corporation must then file what is known as an “S Election”—Form 2553—with the Internal Revenue Service (“IRS”). From there, as long as the corporation meets certain S Corp eligibility requirements outlined in the Internal Revenue Code, the corporation will be taxed as an S Corp. ###How to Form an LLC An LLC is not formed like a corporation. In Indiana, forming an LLC requires choosing an entity name, filing articles of organization, and paying a filing fee. No additional elections are necessary for IRS purposes. ##Key Differences Between LLC and S Corp ###Tax Treatment and Structure The most fundamental difference between an S Corp and an LLC is the way the entity is treated for tax purposes. While LLCs are often treated as pass-through entities, meaning the income of the LLC flows through to its members, S Corps are accounting entities, meaning the S Corp itself calculates income and deductions at the corporate level before income is allocated to individual shareholders. ###Ownership Restrictions and Requirements Another primary difference between S Corps and LLCs relates to who is permitted to own the entity. While most states allow individuals, corporations, partnerships, and other entities to be “members,” or owners, of an LLC, only U.S. citizens and permanent residents may be shareholders of an S Corp. Additionally, for an S Corp, only limited types of entities may be shareholders and the total number of shareholders must not be greater than one hundred. ###Corporate Formalities In terms of day-to-day operations, perhaps no difference between the two entity types is more significant than the lack of corporate formalities associated with LLCs. In Indiana, for instance, both S Corps and C Corps are required to hold annual meetings of shareholders and directors. By contrast, there is no such requirement that members or managers of an LLC hold such meetings. In addition, while Indiana S Corps and C Corps must have at least one corporate officer, LLCs need not have officers at all. ###S Corporation Tax Advantages To this point, it may sound as if the LLC is inherently a superior entity to the S Corp. While that may be true in some cases, S Corps offer significant tax benefits to businesses earning excess profits. S Corps are required to pay their employees “reasonable” salaries (meaning salaries paid should be comparable to other businesses in the same industry), but all excess profits can be distributed to shareholders as dividends, which are taxed at a lower rate than ordinary income. ##Get Business Formation Guidance The differences between S Corps and LLCs can be complex, and this article only scratches the surface of some of the main differences between the entities. Making sure your business is properly organized is a key step toward future success. For questions regarding your business, please contact a [business attorney at Barrett McNagny. ](https://www.barrettlaw.com/practice-areas/business-law) Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Thomas E. Ludwiski](https:///our-people/thomas-e-ludwiski)| [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Review Employer Charge Statements for Accuracy | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/review-employer-charge-statements-from-indianas-department-of-workforce-development-for-accuracy ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/review-employer-charge-statements-from-indianas-department-of-workforce-development-for-accuracy) #Review Employer Charge Statements from Indiana’s Department of Workforce Development for Accuracy If you are - or work for - an employer dealing with layoffs, furloughs, or separations, it is important for you to be vigilant in reviewing the Charge Statements issued by Indiana’s Department of Workforce Development (DWD). The recent and unprecedented amount of unemployment assistance issued by the federal government serves a tremendous humanitarian purpose. However, the rush to distribute these resources coupled with overburdened agents working in understaffed agencies creates conditions ripe for administrative errors.For example, Barrett’s employment attorneys have heard reports suggesting that some furloughed employees may be receiving both wage payments from employers and unemployment benefits.This set of circumstances may unintentionally and negatively impact employers. Each month, the DWD sends a Statement of Benefit Charges (State Form 535) to employers whose accounts have been changed because benefits were paid to claimants.If the charges listed are not correct, the DWD asks the employer to call them at (800) 891- 6499 (press option 1 for general benefit questions) to address the matter.The purpose of this call is to place the DWD on notice that the worker may have returned to work, received payments that should have been reported as deductible income, or refused an offer of work.All of these scenarios could affect the amounts the employer is charged by the State of Indiana so that unemployment compensation benefits can be provided to properly qualified applicants.We recommend that you proactively provide the DWD with written objections to document your position, which could include any type of documents that clearly identify who received how much and why. While this process may sound very similar to the appeals process for a contested claimant, the purpose is not to challenge whether one claimant might be entitled to benefits, but to ensure that the employer is being properly charged. Importantly, some forms of payments issued by employers to recently laid off or furloughed workers will not impact unemployment compensation benefits payable to a qualified applicant. Should you have any questions in this regard, the attorneys in Barrett McNagny’s Employment Law Group are always available to assist. General questions for the DWD can be sent to: [AskDWDCommissioner@dwd.IN.gov](https://mailto:AskDWDCommissioner@dwd.IN.gov) See [www.in.gov/dwd](https://http://www.in.gov/dwd) for the Indiana Department of Workforce Development webpage. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Kimbrough Featured in Indiana Super Achiever Series | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/kimbrough-featured-in-indiana-super-achiever-series ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/kimbrough-featured-in-indiana-super-achiever-series) #Kimbrough Featured in Indiana Super Achiever Series [Thomas Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) was one of the many local leaders featured in the [Indiana Super Achievers](https://genealogycenter.info/LifeStories/mylifeindianasuper/) Series. Tom, a Fort Wayne native, discusses why he became an attorney and why he choose to come back to Fort Wayne to practice law at Barrett McNagny. The series highlights local leaders and their life stories and is aired on PBS 39-4. Links to the individual articles can be found on the [Allen County Public Library’s Genealogy Center’s website](https://genealogycenter.info/LifeStories/mylifeindianasuper/video_thomaskimbrough.php). Interviewed by local college students and graduates, the leader discuss their life story about how they chose their career and profession. Tagged Attorneys [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| # Firm Attorneys in Indiana 2020 Super Lawyers | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-2020-super-lawyers-publication ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-2020-super-lawyers-publication) #Firm Attorneys Recognized in Indiana 2020 Super Lawyers Publication **Barrett McNagny ****LLP** is proud to announce its listing in Indiana Super Lawyers for 2020.The following attorneys were selected for inclusion in their respective practice areas: [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)** – **Alternative Dispute Resolution [Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice)**–** Medical Malpractice Defense [Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr)**– **Business Litigation [Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough)** – **Employment & Labor [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey)** –** Civil Litigation [Cathleen M. Shrader](https://www.barrettlaw.com/our-people/cathleen-m-shrader)** – **Business Litigation [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites)** – **Employment & Labor Super Lawyers is a Thomson Reuters business and its lists are published in Super Lawyers Magazines as well as other local and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive the Super Lawyers honor each year. # Barrett McNagny Featured on the Fort4Fitness Blog | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-featured-on-the-fort4fitness-blog ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-featured-on-the-fort4fitness-blog) #Barrett McNagny Featured on the Fort4Fitness Blog Barrett McNagny was featured as part of a blog post by Fort4Fitness about their Corporate Connection program. Barrett McNagny has been a part of the Corporate Connection program offering employees the opportunity to participate in the event at no cost. [View the article.](https://fort4fitness.org/community/corporate-connection-program) ![](https:///Data/Accounts/Files/1/8a944549af592a8163d0bac0222f9a68-2019Fort4FitnessPic-min.jpg) # What Happens After Mediation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-after-mediation ##[Blog](https:///blog) [Back to Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) #What Happens After Mediation ####(PART 3 OF A 3-PART SERIES) Upon the completion of a mediation session, one of three results typically occurs: 1. Settlement 2. No Settlement 3. Ongoing settlement negotiations ![](https:///Data/Accounts/Files/1/f381569947a8fd36d63148622ef75423-pexels-pixabay-48195-min.jpg) A few comments regarding these 3 outcomes is worth noting. ##**1. ****Settlement: The Agreement is Binding** Assuming the case settles at mediation, clients must understand that the Mediation Settlement Agreement is a binding contract that can be enforced in a court of law and that the parties may not later change their minds. If a party tries to wiggle out of a Mediation Settlement Agreement, the Settlement Agreement will likely be enforced by the Court and sanctions may be entered against the party trying to get out of the agreement reached at mediation. Sanctions may include attorney fees and paying the entire cost of the mediation session, which is typically split between the parties. Also, attempting to add new terms to the settlement post-mediation is not advised. If one party wants confidentiality and/or non-disparagement language in a settlement and/or release agreement, it is best to make sure these terms are discussed during the actual mediation session before a final settlement is reached so everyone is on the same page. ##**2. ****No Settlement: A “Mediator’s Proposal.”** Sometimes after a mediation session in which a case does not settle, one party may have second thoughts. Do not hesitate to re-engage the mediator to have additional settlement negotiations post-mediation. Also, following a failed mediation session, do not hesitate to contact the mediator soliciting a “Mediator’s Proposal.” Typically, during a mediation process, the mediator comes up with his or her evaluation of how a case should be resolved. If the parties are unable to reach an agreement during a mediation session, sometimes a Mediator’s Proposal post-mediation can lead to a settlement. ##**3. ****Ongoing Settlement Negotiations: “If at first you don’t succeed…”.** If settlement negotiations remain ongoing between the parties after mediation, do not hesitate to further involve the mediator with these ongoing settlement discussions. Sometimes the mediator can influence third parties, such as lien holders, subrogation carriers, and others, to help facilitate a settlement post-mediation. Also, do not forget that if a case does not settle at the original mediation session, sometimes the second or third mediation can be the charm. Complex cases with multiple parties often require 2 and 3 mediation sessions before a case can be resolved. Lack of a settlement at the first mediation should not be viewed as a failure, but merely the first step on the path toward resolution. About the Author: [Mr. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) is a registered civil mediator, a member of The National Academy of Distinguished Neutrals, and the Defense Trial Counsel of Indiana. With nearly thirty years of litigation experience, he has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. He can be reached at (260) 423-8874 or [kkf@barrettlaw.com](https://mailto:kkf@barrettlaw.com). [Part 1: A Mediator's Perspective - Before Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) [Part 2: A Mediator's Perspective- At Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| ####Mediator's Perspective [Part 1 - Before Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) [Part 2 - At Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) # William McNagny Passes Away at Age 98 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/william-mcnagny-passes-away-at-age-98 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/william-mcnagny-passes-away-at-age-98) #William McNagny Passes Away at Age 98 On behalf of everyone at the law firm of Barrett McNagny LLP, we are saddened by the passing of our colleague Bill McNagny. Bill was one of the premier lawyers in Indiana and was widely regarded as one of the preeminent courtroom litigators of his time. Bill was dedicated to the practice of law and the clients he served throughout northeast Indiana.He was an active member of the Indiana State and Allen County Bar Associations. He was named a fellow of the prestigious American College of Trial Lawyers and named a Legendary Lawyer by the Indiana Bar Foundation. Beyond his legal practice, he was an avid supporter of the arts and was an active collector. He served as Past President and an honorary trustee for the Fort Wayne Museum of Art. We will miss Bill both as colleague and friend. We continued to maintain an office at the firm for him, which he regularly utilized and where many of us enjoyed meeting and talking with him. We extend our deepest sympathies to the McNagny family during this difficult time. He will always be remembered as a commanding presence in the courtroom, a pillar of the legal profession and a man devoted to his community and family. - Trisha J. Paul, Managing Partner, Barrett McNagny LLP [The Journal Gazette Article about Mr. McNagny ](https://www.journalgazette.net/news/local/20200129/local-attorney-william-mcnagny-dies-at-98) [Mr. McNagny Obituary](https://www.legacy.com/us/obituaries/fortwayne/name/william-mcnagny-obituary?id=1999824) # What Happens At Mediation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-at-mediation ##[Blog](https:///blog) [Back to Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) #What Happens At Mediation ####(PART 2 OF A 3-PART SERIES) As an experienced mediator, I have found several things attorneys can do to help facilitate settlement during the mediation process. Here are a few helpful tips regarding: 1. The Opening Session 1. The Plaintiff’s Room 1. The Defendant’s Room![](https:///Data/Accounts/Files/1/23e21f76c6bb49bec1d0e8849b7a0662-pexels-anna-shvets-4226122-min.jpg) ##**1. ****The Opening Session: Don’t pick anybody off 1st base.** The growing trend is for all parties to waive an opening session and immediately begin settlement negotiations. As a matter of fact, waiving an opening session has become so popular that mediators typically assume no party wants an opening session unless one side demands the same. If either party wants to have an opening session, it is a good practice to let the mediator and opposing counsel know a few days in advance so that the other side can adequately prepare. No one likes to get picked off first base, and if one side shows up at mediation demanding an opening session and the other side is not prepared for the same, the chances of settlement are greatly reduced. ##**2. ****The Plaintiff’s Room: Come to Jesus early and often.** While the general rule of thumb for an opening demand is typically “the sky’s the limit” and “we can start as high as we want,” remember, it doesn’t matter where you start, it matters where you finish. If you are going to start on the high side, it is important to also stay focused on the range of what is the true case value. This helps the parties and the mediator manage potential unrealistic expectations. For example, if the plaintiff’s room believes the case is worth $20,000 to $30,000, but are going to start with an opening demand of $100,000, it is important to remember and focus on the the value of this case being not $100,000, $75,000, or $50,000, but $20,000 - $30,000.It is also helpful to remember that starting with an unrealistically high demand, will likely require reducing that demand significantly as the other side moves up in smaller increments. Managing expectations is key to a successful mediation session. Simply stated, regular come‑to‑Jesus meetings and discussions regarding the case’s true value, and not the opening or current demand, help keep the focus on an ultimate goal and help lead to a reasonable settlement. ##**3. ****The Defendant’s Room: Help us manage expectations.** Assuming the plaintiff makes an unrealistic opening demand and perhaps equally unrealistic demands thereafter, the defendant can, in turn, respond with unreasonably low offers. We frequently hear, “If they are going to start that high, then we are going to start this low. ”The mediator then spends more time than is necessary managing tempers of the respective attorneys and parties. When an unreasonably high demand is initially made (and perhaps demands thereafter are still considered unreasonably high), the best practice is simply to ignore what the plaintiff’s room is doing and make offers based upon the true case value. While this may seem like a hard pill to swallow, it more often than not helps a mediator manage a plaintiff’s expectations and results in a successful mediation session. Speaking of managing expectations, without disclosing to the mediator what a defendant’s top dollar will be in terms of a final offer, it is helpful for a defendant to disclose to the mediator early on in a mediation session the general range of an anticipated settlement. Having a basic understanding of where a mediator will need to guide a plaintiff’s expectations is critical to setting the tone early and leading discussions in the plaintiff’s room in order to facilitate a settlement. [Part 1: A Mediator's Perspective - Before Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) [Part 3: A Mediators Perspective - After Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| ####Mediator's Perspective [Part 1 - Before Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) [Part 3 - After Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) # What Happens Before Mediation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-before-mediation ##[Blog](https:///blog) [Back to Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-before-mediation) #What Happens Before Mediation **(PART 1 OF A 3-PART SERIES)** After a mediator has been selected, the location of the mediation date has been determined (typically the mediator’s office), and a mediation date has been set, two current trends have developed that merit discussion: 1. Postponement of the mediation session 1. Not providing a confidential mediation statement These two issues will be discussed in order. ![](https:///Data/Accounts/Files/1/39097663b4968958ae2191d2258e7eda-pexels-pixabay-39578-min.jpg) ##**1. ****Postponement of the Mediation: Make sure everyone is on the same page.** If all parties are in agreement to postponing the mediation session, no problem. The mediator will send out new dates and a new mediation date will be scheduled. Unfortunately, the growing trend is for one party to attempt to postpone the mediation session unilaterally without the agreement of all other parties. Emailing, texting, calling, or writing the mediator and asking him or her to cancel the mediation session without the agreement of all parties is not good practice. If one party wants to postpone mediation, that party should attempt to gain the consent of all other parties so the mediator knows all parties are in agreement before a mediation is rescheduled. If all parties cannot agree on postponing a mediation session that has been previously set, the mediator can get involved and attempt to “mediate” a new mediation date. If the parties still cannot agree to a new mediation date after the mediator’s involvement, the mediation will typically need to proceed forward as previously scheduled, absent an Order from the Court relieving the parties from the previously-scheduled mediation date. ## **2. ****Confidential Mediation Statements: They really help!** Another growing trend is for parties to not submit confidential mediation statements to the mediator prior to a mediation session. This puts the mediator in the disadvantageous position of not knowing anything about the dispute heading into a mediation session. Perhaps worse, if one party submits a confidential mediation statement and another side does not, the mediator gets a one-sided perspective. It is best if all parties submit a confidential mediation statement to the mediator a few days before mediation. It is also very helpful to the mediator if the confidential mediation statement is well-organized and the client’s story is told in chronological order. In other words, the actual story behind the dispute itself may have started years before a lawsuit is filed. Telling the story in the order it occurred helps the mediator have a clear picture of the full nature of the dispute. Other important items to include in a confidential mediation statement include prior settlement negotiations between the parties, unrealistic client expectations, and any particular “likes” and/or “dislikes” of a particular party. Mediators are always looking for common ground to bond with the parties, and it is very helpful in a confidential mediation statement when we see comments like, “p.s. – My client loves horseback riding” or “p.s. – My client hates the Indianapolis Colts.” Also if large attachments are included with the statement, tab and highlight the important parts of the attachments. In short, try and make sure everyone is on the same page before rescheduling a mediation session. And a few days before the mediation occurs, send to the mediator a well-organized confidential mediation statement tipping off the mediator to some common ground the mediator might find with your client. Following these two steps will help ensure that a mediation starts off as smoothly and efficiently as possible. [Part 2: A Mediator's Perspective - At Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) [Part 3: A Mediator's Perspective - After Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) About the Author: [Mr. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) is a registered civil mediator, and a member of The National Academy of Distinguished Neutrals, and the Defense Trial Counsel of Indiana. With nearly thirty years of litigation experience, he has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. He can be reached at (260) 423-8874. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| ####Mediator's Perspective [Part 2 - At Mediation](https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-happens-at-mediation) [Part 3 - After Mediation](https://www.barrettlaw.com/amp/blog/litigation/alternative-dispute-resolution/what-happens-after-mediation) # Use of Liquidated Damages Clauses | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/indiana-supreme-court-defines-use-of-liquidated-damages-clauses-in-employment-contracts ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/indiana-supreme-court-defines-use-of-liquidated-damages-clauses-in-employment-contracts) #Indiana Supreme Court Defines Use of Liquidated Damages Clauses in Employment Contracts Employment contracts frequently include restrictions on an employee’s ability to work for a competitor (non-competition clause) or to solicit the employer’s employees or customers (non-solicitation clause) for a period of time after the employee’s employment ceases. An employer’s remedies for an employee breaching these contract provisions often include: 1) the right to seek injunctive relief for enforcement of the contract;and 2) damages in a pre-determined amount, referred to as “liquidated damages.” Employment contracts with these provisions specify the amount of damages and state that the non-breaching party can recover that amount of damages from the breaching party without needing to prove the actual amount of damages. Recently, the Indiana Supreme Court ruled in [American Consulting, Inc d/b/a American Structurepoint, Inc. v. Hannun Wagle & Cline Engineering, Inc. d/b/a HWC Engineering, Inc., et al.](https://www.in.gov/judiciary/opinions/pdf/12181901shd.pdf), that, among other things, the specific liquidated damages provision in the employment contract governing the relationship between the parties was unenforceable. In general, Indiana law permits liquidated damages provisions to be included in employment contracts; however, the amount of the liquidated damages must be “reasonable,” and if the Court finds the amount to be unreasonable, the Court will not enforce the provision. Generally, this determination requires the Court to analyze whether the amount of liquidated damages is reasonably related or somehow tied to the actual losses caused by the breach. In American Consulting, the contract required an employee who breached a non-solicitation provision in his employment agreement to pay 50% of his earned wages over the last year; a similar contract required other two employees to pay 100% of their prior years’ salaries.The Supreme Court ruled that these payments were not a reasonable consequence for breaching the contract. The Court also noted several other problems with the liquidated damages provisions, such as the liquidated damages provisions failing to state a defined amount. In other words, the Court found the use of a percentage formula for damages to be evidence of unreasonableness. Liquidated damages provisions can be a valuable component of an employment agreement, but only if drafted in a way that a Court is likely to enforce the provision. The [American Consulting](https://www.in.gov/judiciary/opinions/pdf/12181901shd.pdf) decision provides important guidance on this topic and should be the starting point for a review of a company’s employment contract. Liquidated damages are only one aspect of a solid employment agreement, and can be used in conjunction with a variety of other provisions that are appropriate and beneficial for you or your company. Barrett McNagny's [labor and employment attorneys ](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law)can assist you with an analysis of your current employment agreements, preparing new agreements, or any related issues related to employment matters. **About the author: ** [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) concentrates his practice in the areas of [appellate law](https://www.barrettlaw.com/practice-areas/appellate-law), [litigation](https://www.barrettlaw.com/practice-areas/litigation-services) and [medical malpractice defense](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense). He is a member of the Allen County Bar Association (ACBA) , the Indiana State Bar Association (ISBA), and the Defense Trial Counsel of Indiana. He is a past co-chair of the ISBA’s written publications committee and is vice-chair of the ACBA’s appellate section, and is a member of the ACBA trial lawyers section’s executive committee. He can be reached at (260) 423-8824. # Preparing to Meet Your Family Law Attorney | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting ##[Blog](https:///blog) [Back to Family Law](https:///blog/family-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/family-law/preparing-to-meet-your-family-law-attorney-what-should-you-bring-to-your-first-meeting) #Preparing to Meet Your Family Law Attorney: What should you bring to your first meeting? Family law attorneys understand that going through the process of getting a divorce can be quite an ordeal. It is an emotional time that can involve disputes about marital property, child custody, or other personal issues. The process causes people to feel unsafe, to feel like a failure, and to be scared of the unknown. With all of that in mind, family law attorneys do their best to make the process as smooth as possible. However, family law attorneys cannot accomplish their goals without all of the information and documentation required to make fully informed recommendations regarding the course of the divorce and proposals regarding settlement. The earlier in the process that an attorney can assess the relevant information, the better chance that the overall process will move efficiently. Therefore, it is imperative that you come to your initial meeting with your attorney prepared to provide the following: 1. Your personal information including your social security number, date of birth, address, phone number, email address, employer information, and your preferred method of contact; 2. Your spouse’s personal information including his or her name, social security number, date of birth, address, phone number, email address, employer information, and attorney’s information; 3. All premarital agreement documentation; 4. The date of your marriage; 5. The date of your separation; 6. All asset information and documentation, including but not limited to: a. Information, including title of ownership, value (on date of filing petition for dissolution of marriage), and whether you desire to retain or distribute to your spouse the following assets: i. Real estate; ii. Non-retirement accounts, such as bank accounts, credit union accounts, and stock/brokerage accounts; iii. Retirement/Pretax accounts, such as individual retirement accounts, 401(k) accounts, 403(b) accounts, profit sharing plans, employment benefits, bonds, and whole life insurance; iv. Vehicles, such as automobiles, boats and trailers, motorcycles, four wheelers, and watercrafts; v. Jewelry; vi. Personal property; and vii. Businesses. 7. All debt information and documentation, including but not limited to: a. Information, including title of ownership, value (on date of filing petition for dissolution of marriage), and whether your desire to retain or distribute to your spouse the following debts or liabilities: i. Secured debts, such as mortgages and car loans; ii. Unsecured debts, such as credit cards; and iii. All other liabilities, such as medical bills, judgements, and student loans. In addition, if there are minor children of the marriage, you should provide the following: 1. The minor children’s personal information including their names, social security numbers, and dates of birth; 2. Your last three (3) pay stubs; 3. The number of subsequent born or prior born children, if any; 4. Proof of spousal maintenance payments, if any; 5. Documentation for child care expenses; and 6. Health insurance premiums showing the amount that you pay for the children of the marriage. Once your family law attorney has all of this information and documentation, he or she will be prepared to be your greatest advocate during this difficult process. Ultimately, your family law attorney will be able to analyze your specific situation and work with you to prepare a proposal to be sent to the opposing party and guide you through the remainder of the divorce process. For questions regarding a divorce contact a member of [Barrett McNagny's Family and Domestic Law group.](https://www.barrettlaw.com/practice-areas/family-and-domestic-law) # Final Rule on "Regular Rate" of Pay Perks | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-what-perks-can-be-included-in-regular-rate-of-pay ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/department-of-labor-issues-final-rule-on-what-perks-can-be-included-in-regular-rate-of-pay) #Department of Labor Issues Final Rule on What Perks Can be Included in "Regular Rate" of Pay The U.S. Department of Labor announced its final rule on what perks employers can exclude from the regular rate of pay calculation. This ruling will take effect on January 15, 2020 and is the first significant update in over 50 years to the regulations under the Fair Labor Standards Act (FLSA) that govern the regular rate requirements. According to the agency's website, employers may exclude the following form an employee's regular rate of pay: - the cost of providing certain parking benefits, wellness programs, onsite specialist treatment, gym access and fitness classes, employee discounts on retail goods and services, certain tuition benefits (whether paid to an employee, an education provider, or a student-loan program), and adoption assistance; - payments for unused paid leave, including paid sick leave or paid time off; - payments of certain penalties required under state and local scheduling laws; - reimbursed expenses including cellphone plans, credentialing exam fees, organization membership dues, and travel, even if not incurred "solely" for the employer's benefit; and clarifies that reimbursements that do not exceed the maximum travel reimbursement under the Federal Travel Regulation System or the optional IRS substantiation amounts for travel expenses are per se "reasonable payments"; - certain sign-on bonuses and certain longevity bonuses; - the cost of office coffee and snacks to employees as gifts; - discretionary bonuses, by clarifying that the label given a bonus does not determine whether it is discretionary and providing additional examples and; - contributions to benefit plans for accident, unemployment, legal services, or other events that could cause future financial hardship or expense. For more information see the links below. - [Press Release from the U.S. Department of Labor: DOL Issues Final Rule to Update the FLSA's Regular Rate Regulations](https://protect-us.mimecast.com/s/om43CqxA2MUVjj3tZQ9sD?domain=r20.rs6.net) - [Final Rule: Regular Rate Under the Fair Labor Standards Act (Department of Labor)](https://protect-us.mimecast.com/s/utbrCrkgYMtWllYHz7lSR?domain=r20.rs6.net) - [Fact Sheet: Final Rule to Update the Regulations Governing the Regular Rate Under the FLSA](https://protect-us.mimecast.com/s/TGY5Cv2mj9CRzz5Uz4lge?domain=r20.rs6.net) Please contact a member of Barrett McNagny's [Labor and Employment ](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law)group with any questions. # No Contest Provisions | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/no-contest-provisions ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/no-contest-provisions) #No Contest Provisions There are times when a beneficiary of an estate or trust may want to challenge the terms of the will or trust. In order to avoid a challenge, the will or trust may include a “no contest” provision. A no contest provision is a clause that may be included in an estate planning instrument, such as a will or trust, to attempt to reduce or entirely eliminate a beneficiary’s interest if he or she pursues an action to challenge the document or any of its terms. In Indiana, no contest provisions were void prior to July 1, 2018, and such a provision would not be enforced if included in an estate planning document. In other words, even if a will or trust included a no contest provision, a beneficiary was free to challenge the document or its terms with no risk of losing his or her inheritance. Based on a change in the law that became effective on July 1, 2018, however, no contest provisions became enforceable, and a challenge to a will or trust that includes such a provision now may significantly risk a beneficiary’s interest. Under the current law, if a beneficiary legally challenges the document and loses that challenge, then the court is required to enforce the terms of the no contest provision, which could result in the beneficiary’s loss of his or her interest in the estate or trust. Despite the enforceability of no contest provisions in Indiana, there are still ways in which a beneficiary may proceed to put a will or trust in front of the court without risking his or her inheritance. The no contest provision statute provides exceptions and circumstances under which a no contest provision will not be enforced. Such exceptions include: - Actions brought by a beneficiary when there is “good cause” found by the court. This exception is a broad “catch all,” but likely includes actions to challenge the document based on fraud, undue influence, or duress; - Actions seeking the court’s guidance on construction or interpretation of the document; - Actions seeking the court’s ruling on proposed distributions or fiduciary fees; - Actions seeking the court’s determination as to whether a proceeding would be considered a contest; and - Settlement agreements to resolve disputes between parties regarding a will or trust. Given this fairly broad list of exceptions, a no contest provision will not provide iron-clad assurance that a will or trust cannot be challenged. In fact, given the very general term “good cause”, the provision itself could lead to litigation over whether a contest is truly a contest. As these provisions only recently became enforceable, a body of case law has not yet developed regarding the interpretation or enforcement of no contest provisions. Until the Indiana courts provide guidance on this issue, it is not clear how effective a no contest provision truly is. That being said, a no contest provision provides an avenue to at least attempt to limit challenges. There are advantages and disadvantages to including a no contest provision that are based upon your individual and familial circumstances. Prior to deciding to include a no contest provision in your estate planning documents, careful consideration should be given and counsel should be sought. If you are interested in an estate plan or would like to discuss whether a no contest provision would be appropriate for your estate plan, contact a member of [Barrett McNagny's estate planning team](https://www.barrettlaw.com/practice-areas/estate-planning) to speak with one of our attorneys who are experienced in assisting clients with estate planning documents. About the Author: [Carta H. Robison](https://www.barrettlaw.com/our-people/carta-h-robison) focuses her practice in the area of estate planning and administration where she assists clients with estate planning, estate administration and gift planning. She can be reached at [chr@barrettlaw.com](https://mailto:chr@barrettlaw.com) or (260) 423-8910. Tagged Attorneys [Carta H. Robison](https:///our-people/carta-h-robison)| # Charitable Purposes Properties & Tax Exemption | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/real-property-used-for-charitable-purposes-can-be-exempt-from-taxation ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/real-property-used-for-charitable-purposes-can-be-exempt-from-taxation) #Real Property Used for "Charitable Purposes" Can be Exempt from Taxation Indiana statute provides that real property used for “charitable purposes” can be exempt from taxation. In [St. Mary’s Building Corporation v. Redman](https://www.in.gov/judiciary/opinions/pdf/11211901mbw.pdf),[ ](https://www.in.gov/judiciary/opinions/pdf/11211901mbw.pdf)the Indiana Tax Court discussed this exemption and ultimately rejected a taxpayer’s position that its property was used for a charitable purpose and was thus exempt. This decision adds to the fairly significant body of case law on this topic and helps clarify the threshold a taxpayer must meet to successfully claim an exemption. Barrett McNagny has [appellate ](https://www.barrettlaw.com/practice-areas/appellate-law)and [real estate](https://www.barrettlaw.com/practice-areas/real-estate-law) attorneys with experience analyzing the propriety of tax exemptions for real property or personal property. To discuss any questions related to real estate taxes or exemptions, please contact us today. # What Constitutes Medical Care | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/court-of-appeals-issues-decision-addressing-questions-of-what-constitutes-medical-care ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/court-of-appeals-issues-decision-addressing-questions-of-what-constitutes-medical-care) #Court of Appeals Issues Decision Addressing Questions of What Constitutes Medical Care In medical malpractice cases, a dispute can arise over whether certain acts or omissions occurred in the course of providing medical care or the related question of whether a patient-provider relationship arose based on certain acts of a medical provider. In [Strickhold v. Anonymous Nurse Practitioner](https://www.in.gov/judiciary/opinions/pdf/11211901cjb.pdf)[,](https://www.in.gov/judiciary/opinions/pdf/11211901cjb.pdf) the issue arose in the context of a motion filed by the defendants arguing that the last medical treatment provided to the plaintiff occurred more than two years prior to the lawsuit being filed. The Court of Appeals disagreed, and found that fact questions existed as to whether a Nurse Practitioner’s act of reviewing and approving a patient record was the provision of heath care and, therefore, whether the date of this act was the relevant date for the statute of limitations. This decision is of obvious importance to health care providers and medical malpractice attorneys. Barrett McNagny attorneys [Will Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey), [Ben Ice,](https://www.barrettlaw.com/our-people/benjamin-d-ice) and Rachel Steinhofer have experience defending healthcare providers in malpractice suits and licensing or other administrative proceedings. For further information or to discuss any questions regarding potential claims or licensing issues, please contact us. # Privacy Rights During an Internal Investigation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/respecting-employees-privacy-rights-during-an-internal-investigation ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/respecting-employees-privacy-rights-during-an-internal-investigation) #Respecting Employees’ Privacy Rights during an Internal Investigation An employer must respect employees’ privacy rights when conducting internal investigations in response to a claim or allegation. However, at the same time, it is necessary and important for the employer to obtain all of the relevant factual information.In most instances, the investigation must be conducted promptly and thoroughly. In conducting an investigation, employers must balance their right as an employer to investigate and take disciplinary action against an employee's right to be free from an unreasonable invasion of his or her privacy.It is very important that employers understand that employees who divulge information gained in an investigation to third parties potentially risk liability for defamation claims. In general, defamation is a false and unprivileged oral or written communication to a third party that injures the reputation of the employee.Employers have a qualified privilege to divulge even defamatory information to persons who have a demonstrated "need to know" of the information such as individuals conducting the investigation or those who implement the company’s disciplinary policies.However, the privilege can be lost if the information is disseminated or communicated to individuals who are not on a "need to know" basis or who are not employees of the company. In many instances, employers, as part of the investigation process, will attempt to conduct surveillance or searches.Employers should be aware that there is potential liability for utilizing such procedures.To avoid invading an employee's privacy or violating wiretapping laws, the company should let employees know, in writing, that their calls are going to be monitored.Additionally, if surveillance is going to be conducted, any surveillance must be conducted in a reasonable manner.Surveillance is usually permissible when the employer can prove that there is a business related reason for the investigation. If an employer is going to search work areas, files, or computers, a policy on searches should be contained in the Employee Handbook to dispel any expectation of privacy on the part of employees.All employees should understand and be aware of a company policy that allows the employer to conduct reasonable searches of desks, files, computers and other personal work areas when an employee is suspected of theft or other misconduct. Internal investigations are necessary, but can also be pitfalls for privacy violations if not handled properly. For questions regarding conducting an internal investigation please contact a member of [Barrett McNagny’s Labor and Employment Group. ](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) *** Additional reading: [Guidelines for Conducting an Internal Investigation](https:///blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation) # Molitoris Admitted to Practice Law in Ohio | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/molitoris-admitted-to-practice-law-in-ohio ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/molitoris-admitted-to-practice-law-in-ohio) #Molitoris Admitted to Practice Law in Ohio **Barrett McNagny LLP** is pleased to announce that[Justin T. Molitoris](https://www.barrettlaw.com/our-people/justin-t-molitoris) has been admitted to practice law in the state of Ohio. Mr. Molitoris concentrates his practice in the areas of [corporate and business law](https:///practice-areas/business-law). He works with clients in the formation and organization of businesses, corporate governance matters, mergers and acquisitions, contract drafting, and business transactions. Mr. Molitoris is a member of the Allen County and Indiana Bar Associations, a member of the Board of Directors for the Fort Wayne Civic Theatre, and the Treasurer for the St. Thomas More Society. He is graduate of Greater Fort Wayne Inc.’s Leadership Fort Wayne Program. Mr. Molitoris received his B.A. in Political Science and B.A. in English, with honors, from the Schreyer Honors College at Pennsylvania State University. Justin received his J.D., cum laude, from the Indiana University - Maurer School of Law in 2014.He is admitted to practice law in the states of Indiana and Ohio, and before the U.S. District Courts for the Northern and Southern Districts of Indiana. # Barrett McNagny LLP Named in 2020 "Best Law Firms" Rankings Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2020-best-law-firms-rankings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2020-best-law-firms-rankings) #Barrett McNagny LLP Listed in 2020 “Best Law Firms” Rankings **Barrett McNagny ****LLP** is proud to announce that the firm was ranked in the 2020 “Best Law Firms” rankings by **U.S. News Media Group** and **Best Lawyers®**. The firm was recognized for its first-tier ranking in the Fort Wayne area in the following practice areas: - [Banking and Finance Law](https://www.barrettlaw.com/practice-areas/financial-institutions) - [Commercial Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) - [Corporate Law](https://www.barrettlaw.com/practice-areas/business-law) - [Employee Benefits (ERISA) Law](https://www.barrettlaw.com/practice-areas/employee-benefits-law) - [Labor Law- Management](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Litigation – Insurance](https://www.barrettlaw.com/practice-areas/litigation-services) - [Real Estate Law](https://www.barrettlaw.com/practice-areas/real-estate-law) - [Trusts & Estates Law](https://www.barrettlaw.com/practice-areas/estate-planning) These rankings showcased less than 10,000 law firms across the country. Firms were often separated by small or insignificant differences in overall score, so a tiering system, rather than a sequential system is used. The first-tier ranking includes those firms that scored within a certain percentage of the highest-scoring firm(s); the second tier, those firms that scored within a certain percentage of the next highest scoring firm(s), etc. The number of tiers included in each practice area or metropolitan area varies. **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found at http://www.bestlawyers.com/About/MethodologyBasic.aspx. # Small Business Reorganization Act | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/small-business-reorganization-act ##[Blog](https:///blog) [Back to Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/small-business-reorganization-act) #Small Business Reorganization Act On August 23, 2019, President Trump signed into law the Small Business Reorganization Act (“Act”), which is intended to make bankruptcy reorganizations a faster, more efficient, and more affordable debt-management option for small businesses. The new law, which becomes effective on February 19, 2020, will apply to small businesses (including individuals) with up to $2,725,625.00 of non-contingent liquidated and unliquidated debt, of which at least 50% comes from commercial or business activities. Highlights of the new law include: - Appointment of a standing Trustee, having functions similarly to a Chapter 13 Trustee; - Only the Debtor can propose a reorganization plan, which must be filed within 90 days of the petition date; - A separate disclosure statement is not required; - The Debtor is not required to solicit votes to confirm its plan; - The plan may allow for modification of a Debtor’s non-purchase money mortgage of residential property; - The absolute priority rule will not apply; - Administrative expenses do not need to be paid at confirmation, and instead can be paid over the life of the plan; - Plan terms of 3-5 years. ![](https:///Data/Accounts/Files/1/76c2f8bdf9b4a44c4a329e4b5288b749-organization-gd932a16cc_640.jpg) The Act also changes the preference laws for all bankruptcies. Before a preference claim is filed, the Debtor-in-Possession / Trustee must conduct reasonable due diligence into the known affirmative defenses which may be available to the defendant. Furthermore, in order to file a preference complaint outside the preference defendant’s home district, the amount of the claim must be $25,000.00 or more (up from the current $13,600.00). For questions regarding a business bankruptcy contact the author [Michael P. O'Hara](https://www.barrettlaw.com/our-people/michael-p-ohara) at (260) 423-8838. # Kimbrough Receives Award | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/kimbrough-receives-award ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/kimbrough-receives-award) #Kimbrough Receives Award Congratulations to Thomas M. Kimbrough for receiving the David A. Bobilya Excellence in Nonprofit Leadership Award at the Foellinger Foundation Luncheon. The award recognizes one current or recently-retired board member who has demonstrated excellence in nonprofit board leadership in the areas of Governance, Leadership, Financial Sustainability, and Program Impact. Tom was nominated by the YMCA where he is a member of the board and the executive committee and is a past president. He also serves on the boards of directors for the Withers Scholars program and Turnstone Center for Children and Adults with Disabilities. Tom is pictured with Martin Pastura, Executive Director of the YMCA, Annie Bobilya, wife of the late David A. Bobilya, and Michael Moellering, chair of the Foellinger Foundation Board of Directors. ![](https:///Data/Accounts/Files/1/87ff8e11773c80fb73c5f71a59db3dfa-IMG_9384-min.JPG) Tagged Attorneys [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| # Laws Impose an Affirmative Obligation to Investigate | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/laws-impose-an-affirmative-obligation-to-investigate ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/laws-impose-an-affirmative-obligation-to-investigate) #Laws Impose an Affirmative Obligation to Investigate There are various laws and statutes that create a duty to investigate by the employer when a claim has been made by an employee. These laws include: **Civil Rights and Anti-Discriminatio****n** **Laws** impose an affirmative duty to investigate and take prompt remedial action when complaints of harassment are raised.Employers risk liability if allegations are made, nothing is done, and further harm results. Liability, in many instances, can be avoided if the employer demonstrates that it accomplished an immediate and complete investigation followed by immediate and appropriate corrective action. **Health and Safety Laws** in the workplace, under both federal and state law, also impose an affirmative duty on employers to investigate potential safety and health hazards.For example, federal OSHA requires a general duty upon employers to maintain a safe workplace and to protect employees from workplace violence. The **Drug Free Workplace Act** requires employees with government contracts to provide drug free work environment. This obligation includes a duty on employers to investigate and eliminate drug use in the workplace. As a result of lawsuits alleging **Negligent Hiring, Supervision and Retention of Employees**, background investigations of applicants and employees are important to avoid liability.This is especially true in light of workplace violence claims. In addition to these specific laws, an employer, usually through its human resource professional, has a general duty or interest in investigating allegations and claims that include theft, drug use, discrimination, threats, assaults, and harassment. Failure to take prompt action in response to reports of such activity can lead to increased exposure to liability if it is later shown that an act, omission, or other harm could have been avoided if a prior complaint had been investigated. For questions regarding an allegation or claim, contact a member of [Barrett McNagny’s Labor and Employment Group. ](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) # Murphy Featured through Purdue Fort Wayne Athletics | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/murphy-featured-through-purdue-fort-wayne-athletics ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/murphy-featured-through-purdue-fort-wayne-athletics) #Murphy Featured through Purdue Fort Wayne Athletics [![](https:///Data/Accounts/Files/1/0976fff488f6a4c7bc496c0b6c25ed25-PatrickMurphyWebsite-min.jpg)](https://www.barrettlaw.com/our-people/patrick-g-murphy)Litigation attorney and Mastodon alumni Pat Murphy was featured in Purdue Fort Wayne's Season Ticket Holder Spotlight. The spotlight featured Pat and his son, Archer, and their connection to John Konchar. [Click here to view the video](https://www.facebook.com/GoMastodons/videos/412475902799879/) # Post Internal Investigations Matters | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/post-internal-investigations-matters ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/post-internal-investigations-matters) #Post Internal Investigations Matters An internal investigation has been completed, but now a decision must be reached. If the investigation related to a claim or allegation that will result in discipline, the investigator must, usually, discern credibility of witnesses and relevant comfort levels with the information gathered.Once this has been done, the appropriate management individuals should be given the information and an educated decision made as to how to move forward. In the discipline arena, once the information is gathered, in addition to coming to a conclusion as to what actually happened, the company must also assess the severity of the conduct, what level of discipline will deter the conduct from occurring again, and what parameters of discipline are mandated by relevant labor laws, labor agreements, or policy handbooks. It is important to treat all employees fairly.To determine whether a termination is fair, an employer might subject the decision to a “smell test.” In other words, would a reasonable person consider the termination fair?The answer to this question should be based on the facts and conclusions reached during the investigation, not on emotion.The employer, therefore, should consider objective factors, such as: - What is the employee’s performance history and how long has the employee worked for the company?If the employee had a good performance record for years, it may be unfair to terminate for one instance of poor performance. - How severe was the employee’s misconduct?Termination is usually considered fair for serious infractions. - Was this the employee’s first offense?It may be unfair to terminate for a first offense unless it is for very serious misconduct such as violence, theft, or espionage. - Was the employee given notice through a progressive disciplinary process? - Were other employees treated similarly under similar circumstances? - Are there any hidden motives or miscommunications? A termination must be consistent with an employer’s personnel policies, and the policies must be consistently applied.For example, if there is a progressive discipline policy, it should be followed in every case that results in termination (except in cases of serious misconduct).In assessing whether policies have been followed, consider these factors: - Was the policy published? - Was the employee aware of the policy? - How has the policy been enforced in the past? - Does the policy have procedural requirements to be followed?If so, have they been followed? It is important that the decision to terminate be reviewed by management.Review by the manager of the supervisor requesting the termination reduces the chance that bias entered into the decision. Courts have ruled that individual corporate officers, managers, and supervisors can be liable if they “intentionally or improperly” interfere with an employee’s relationship with the employer.The key to determining if such liability exists is determining whether or not a supervisor had a proper motive for terminating an employee.If the supervisor was acting with a “bona fide organizational purpose,” then liability will most likely not be found.Upper management should review all termination requests, especially in high-risk cases, to ensure that a termination is not the result of bias or improper actions. Lastly, once the decision is made, the decision should be relayed to the relevant parties, documented within the appropriate individual’s personnel file, and a summary prepared documenting the actions. Terminating an employee is a serious step and should be treated by your company as a step that warrants substantial investigation, documentation, and assessment. Following the guidelines herein can help to make sure that terminations are performed in a fair, just, and legal manner. If you have any questions regarding a termination policy or specific termination decision, please contact a member of [Barrett McNagny's Labor and Employment team](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law). # Mitigation of Damages Decision Issued | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/court-of-appeals-issues-decision-regarding-mitigation-of-damages ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/court-of-appeals-issues-decision-regarding-mitigation-of-damages) #Court of Appeals Issues Decision Regarding Mitigation of Damages An important defense for some personal injury cases is the argument that the plaintiff failed to use reasonable care to minimize his or her damages following an injury, in other words, that the plaintiff failed to mitigate damages. To be able to use this defense and have the jury instructed that it may consider a plaintiff’s failure to mitigate harm when determining damages, the defendant must make two showings: 1. That the plaintiff did not use reasonable care to mitigate damages following an injury. 1. That the plaintiff’s failure to use reasonable care caused identifiable harm that was not caused by the defendant’s negligence.![](https:///Data/Accounts/Files/1/b3238a083e0b0bcba00a252955a9cdc7-justice-g5ecc52a81_640.jpg) In Humphrey v. Brian Tuck and U.S. Xpress, Inc., the defendants raised this defense, and the trial court Judge instructed the jury on the defense. The plaintiff appealed, following a damages award of $40,000, and argued that the defendants had failed to show identifiable harm caused by the plaintiff’s failure to use reasonable care. The Court of Appeals agreed, and reversed the judgment. [Review a copy of the court's order](https://www.in.gov/judiciary/opinions/pdf/09301901ewn.pdf). This decision clarifies the evidence that is needed when asking for an instruction on failure to mitigate damages and is thus important for plaintiff and defense attorneys alike when submitting and arguing jury instructions at the trial court level. **About the author: ** [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) concentrates his practice in the areas of [appellate law](https:///practice-areas/appellate-law), [litigation](https:///practice-areas/litigation-services) and [medical malpractice defense](https:///practice-areas/medical-malpractice-defense). He is a member of the Allen County Bar Association (ACBA) , the Indiana State Bar Association (ISBA), and the Defense Trial Counsel of Indiana. He is a past co-chair of the ISBA’s written publications committee and is vice-chair of the ACBA’s appellate section, and is a member of the ACBA trial lawyers section’s executive committee. He can be reached at (260) 423-8824. Tagged Attorneys [William A. Ramsey](https:///our-people/william-a-ramsey)| # Offering Employees Pre-Tax Benefits? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/offering-employees-pre-tax-benefits-you-need-a-cafeteria-plan ##[Blog](https:///blog) [Back to Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/offering-employees-pre-tax-benefits-you-need-a-cafeteria-plan) #Offering Employees Pre-Tax Benefits? You Need a Cafeteria Plan With few exceptions, the premium costs paid by employees for group health benefits are paid with pre-tax dollars. In other words, the employee’s portion of healthcare premiums is taken out of the employee’s pay before the employer withholds taxes. Using pre-tax dollars benefits employees because it results in a smaller tax burden. However, employers must not overlook that the federal tax rules require employers to adopt a written cafeteria plan in order for the employer to permit employees to elect to pay for certain eligible benefits with pre-tax dollars. A cafeteria plan, as defined in the tax code, is a written plan permitting eligible employees to choose among two or more benefits consisting of cash and qualified benefits. Not all benefits fall under the umbrella of cafeteria plan rules, but many do, including: healthcare premiums, flex-spending accounts, dental and vision premiums, and employee and employer HSA contributions. Additionally, the cafeteria plan details the employee’s option to elect tax-favored benefits paid for with the employee’s pre-tax contributions and any employer contributions or credits. For example, if an employer offers reimbursement for dependent care expenses, the cafeteria plan would describe things such as the maximum reimbursement amount, the deadline to incur expenses, and the deadline to submit claims for reimbursement. Without a written cafeteria plan, any employee-paid benefits must be paid with after-tax dollars and employer-provided flex credits will be taxable income to the employee. In the event of an IRS audit, failure to adopt a written cafeteria plan and comply with the tax code subjects employees to additional taxable compensation and employers to tax reporting and withholding penalties. Although adopting a written cafeteria plan may seem daunting, the cost of compliance is relatively low compared with the potential penalty (and uncertainty) of noncompliance. Once the plan is created, there will be relatively modest ongoing time and expense necessary for updating the plan as the employer changes benefit offerings or changes occur to applicable tax rules. If your company needs a cafeteria plan, contact Barrett McNagny to speak with one of our attorneys, who have experience assisting clients with their cafeteria plan documents and compliance assistance. # 2020 “Lawyers of the Year” | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/the-best-lawyers-in-america-2020-lawyers-of-the-year ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/the-best-lawyers-in-america-2020-lawyers-of-the-year) #The Best Lawyers in America 2020 “Lawyers of the Year” **Barrett McNagny ****LLP** is proud to announce that four firm attorneys were selected by their peers for inclusion in **The Best Lawyers in America® 2020 **as “Lawyer of the Year” in their respective practice areas. [![](https:///Data/Accounts/Files/1/730019c889d249fb20f71732e32bfd4f-JohnBarceWebsite-min.jpg)](https://www.barrettlaw.com/our-people/john-c-barce)[John C. Barce ](https://www.barrettlaw.com/our-people/john-c-barce)was selected “Lawyer of the Year,” Fort Wayne, in the area of Corporate Law. ** ** ** ** [![](https:///Data/Accounts/Files/1/798c9a6564adf94b4812876a82662f96-RobertKeenWebsite.jpg)](https://www.barrettlaw.com/our-people/robert-t-keen-jr)[Robert T. Keen](https://www.barrettlaw.com/our-people/robert-t-keen-jr) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Bet-the-Company Litigation. ** ** ** ** [![](https:///Data/Accounts/Files/1/387a1c2cd7dcf186369e03a6f468b3e7-JoshuaCNealWebsite-min.jpg)](https://www.barrettlaw.com/our-people/joshua-c-neal)[Joshua C. Neal](https://www.barrettlaw.com/our-people/joshua-c-neal) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Land Use and Zoning Law. ** ** ** ** [![](https:///Data/Accounts/Files/1/afec87c4b984eac35ce23f0b41fc25af-AnthonyStitesWebsite-min.jpg)](https://www.barrettlaw.com/our-people/anthony-m-stites)[Anthony M. Stites ](https://www.barrettlaw.com/our-people/anthony-m-stites)was selected as “Lawyer of the Year,” Fort Wayne, in the area Labor and Employment. ** ** ** ** They received this distinction based upon peer ratings. Only a single lawyer in each practice area in each community annually is honored as a “Lawyer of the Year.” **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found [at the Best Lawyers website.](https://http://www.bestlawyers.com/About/MethodologyBasic.aspx) Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Appealing Interlocutory or Non-Final Orders | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/appealing-interlocutory-or-non-final-orders ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/appealing-interlocutory-or-non-final-orders) #Appealing Interlocutory or Non-Final Orders So you received a bad order. Maybe you were ordered to pay money to the other side, or maybe you were required to turn over some key documents that you believe contain business secrets that competitors could use to their advantage. Or maybe you lost a motion that you thought would put a quick end to a case that now looks like it may drag on for months or years. In any of these circumstances, it is worth considering an interlocutory appeal - in other words, an appeal of an order that is not a final judgment. These appeals can be difficult to win, but in the right case, can also help turn the tide and help lead to a good overall result to litigation. ![](https:///Data/Accounts/Files/1/3e212abc9250f7f4be28723cf2785d89-hammer-g5a1638900_640.jpg) ##Types of Interlocutory Appeals in Indiana State Court In Indiana state court proceedings, there are two general types of interlocutory orders, those that are appealable by right and those that are appealable only with permission from the trial court. ###Appeals by Right Under Rule 14(A) Indiana Appellate Rule 14(A) identifies nine types of orders that are appealable by right, with the most common being orders for the payment of money, orders for the sale or delivery of real property, and orders dealing with preliminary injunctions. If a trial court issues an order that falls within Rule 14(A)’s ambit, then a party can appeal this order in the same general way as it would a final judgment, by filing a notice of appeal, paying the appellate filing fee, obtaining a clerk’s record and transcript (if necessary), and filing briefs with the Court of Appeals. Indiana’s Court of Appeals moves at a fast pace compared to most other states, and parties can expect an order in approximately 2-3 months (sometimes more quickly, sometimes longer) after the briefing is complete. ###Appeals Requiring Certification If an order does not fall within Rule 14(A), a party must first file a motion with the trial court asking the court to certify the order for an interlocutory appeal. If the trial court grants this motion, the party must then file a motion with the Court of Appeals seeking acceptance of the appeal. If the Court of Appeals grants that motion, then - and only then – can the party file the notice of appeal and proceed with the briefing. These first two steps certainly add time (and money) to the appeals process, so appeals of these types of interlocutory orders are generally reserved for very important or potentially case-dispositive orders. ##Timing Considerations No matter what type of order is at issue, the deadline to take the first step in the appellate process is usually thirty days from the date of the order. Therefore, it is important to begin the assessment of whether to pursue an appeal quickly, particularly if the order does not fall within Rule 14(A), as preparing a proper and persuasive petition for certification can take some time. ##Using Appeal Potential as Settlement Leverage Even if the time or expense of an immediate appeal is not warranted for a particular order or case, the threat of an appeal of an interlocutory order can be used as leverage to help resolve a case on more favorable terms. Therefore, being able to articulate to the other side the likelihood of success on appeal is an important tool that can be used to mitigate the damage caused by an unfavorable order. ##How Barrett McNagny Can Help The attorneys in Barrett McNagny’s [appellate section ](https://www.barrettlaw.com/practice-areas/appellate-law)have pursued numerous interlocutory appeals, and are happy to give candid assessments of such appeals. Our collaborative approach to working with trial counsel can provide a substantial benefit to clients while allowing trial counsel to focus on litigation at the trial level while we handle an interlocutory appeal or help develop an argument regarding the threat of an appeal to help leverage a settlement. If you have questions or are considering pursuing an interlocutory appeal,[contact us today](https://www.barrettlaw.com/contact-us). **About the Author:** [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) concentrates his practice in the areas of appellate law, litigation and medical malpractice defense. He is a member of the Allen County Bar Association (ACBA) , the Indiana State Bar Association (ISBA), and the Defense Trial Counsel of Indiana. He is a past co-chair of the ISBA’s written publications committee and is vice-chair of the ACBA’s appellate section, and is a member of the ACBA trial lawyers section’s executive committee. He can be reached at (260) 423-8824. # ​Steps in a Worker’s Compensation Claim | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/steps-in-a-workers-compensation-claim ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/steps-in-a-workers-compensation-claim) #​Steps in a Worker’s Compensation Claim **Step 1 – An employee is hurt on the job** An employee who is hurt on the job is entitled to worker’s compensation as long as the injury fits the criteria for a compensable claim, namely the injury occurred by accident and it was “arising out of” the employment and “in the course of” the employment. Both criteria—“arising out of” and “in the course of”—must be met to qualify as a compensable claim. An accident that occurs “in the course of” employment is one that takes place during the period of employment at a place where the employee would normally be or have cause to be during the course of employment and is fulling the duties associated with the employee’s employment. See, e.g., Ward v. Lowe’s, 76 N.E.3d 918, 921 (Ind. Ct. App. 2017) (citation omitted). An injury “arising out of” the employment is one where there is a causal connection between the injury and the worker’s employment. See, e.g., Global Const., Inc. v. March, 813 N.E.2d 1163, 1168 (Ind. 2004) (citation omitted); Wine-Settergren v. Lamey, 716 N.E.2d 381, 389 (Ind. 1999) (citations omitted). **Step 2 – Contact your insurance carrier** Contact your worker’s compensation insurer as soon as possible. A claims adjuster will like be assigned to your case and will work with you through the details of the claim. Information you will likely need includes: •Date of injury •Injured person’s job title •Wage information •WC insurance information •Type of injury •Body part(s) involved •Brief description of how injury occurred By failing to give prompt notice, your coverage could be impacted. **Step 3 – Ensure that your Adjuster has completed the First Report of Injury Form** Typically, the adjuster will prepare and file the First Report of Injury using State Form 34401. **Step 4 – Claim Processing ** After a claim has been filed, traditionally the employer will step out of the process and the adjuster will work directly with the employee regarding his or her medical claims. **Step 5 – Claim Decision** The employer/insurance company will determine compensability. If the claim is compensable, the employer will pay benefits. If the claim is denied, the claim becomes a disputed claim. Disputed claims can either proceed to a hearing before the Indiana Worker’s Compensation Board or the parties can elect to utilize a Section 15 settlement agreement. Contact your legal counsel or a member of Barrett McNagny’s [Worker’s Compensation ](https://www.barrettlaw.com/practice-areas/workers-compensation)group to discuss your options for a disputed claim. # Mediation: What is it and how does it work? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work ##[Blog](https:///blog) [Back to Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/mediation-what-is-it-and-how-does-it-work) #Mediation: What is it and how does it work? Mediation is a way to resolve a dispute before a judge or jury makes the ultimate decision. Sometimes mediation occurs before attorneys get involved – commonly referred to as “pre-suit” mediation. Mediation is also used after a lawsuit has been filed. Since 80-90% of all cases settle during a mediation session and since most judges will now not give the parties a trial date before they have gone through the mediation process, it is important to know what mediation is and understand how mediation works. ![](https:///Data/Accounts/Files/1/63f4d31fd74ad24f9a3833ed7819c6c8-Laptop-min.jpg) ##**1. Agreeing to a Mediator** The parties agree to a mediator. The mediator chosen is typically an attorney located where the dispute is centered. Typically the mediator has had prior experience handling cases like the dispute in question and is familiar with the issues involved. ##**2. Scheduling Mediation Session** The mediator will send out a list of potential dates for the mediation to the parties and a date will be selected for the mediation session. Mediation typically occurs at the mediator’s office and usually lasts half a day, although sometimes a full day is necessary. ##**3. Sending the Mediation Statement** ** **A few days before the mediation session, the parties send to the mediator a confidential mediation statement, which tells the mediator their sides of the story. The confidential mediation submissions are held in strict confidence by the mediator and are not shared with other parties, absent express consent. ##**4. The Mediation Occurs** The mediation session occurs and, hopefully, produces a settlement. It is often said that a mediator’s job is to make both sides equally unhappy – one party taking less than what it wants and the other party paying more than what it wants. Assuming a successful resolution is achieved, prior to leaving the mediation session, a binding agreement is drafted by the mediator and signed by all parties. This agreement is a binding contract and enforceable in a court of law so no one can change their minds later. Although parties often take or receive less than they want in a settlement, ending a litigation is generally in all parties’ best interests. Therefore, any unhappiness that exists with the amount paid or received generally dissipates quickly and turns into relief and satisfaction with the result. ##5. Bill of Services The mediator sends out a bill for services rendered and the parties typically split the mediator’s bill with each side paying 50% for the mediation session. Should you or anyone you know have a dispute that is ripe for mediation, Barrett is located in the heart of downtown Fort Wayne, has its own [mediation center,](https://www.barrettlaw.com/practice-areas/alternative-dispute-resolution) and has free parking right next to its building. We look forward to working with you or with someone you know in the future! Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Guidelines for Conducting an Internal Investigation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/guidelines-for-conducting-an-internal-investigation) #Guidelines for Conducting an Internal Investigation Conducting an internal investigation is an important part of any human resource professional’s job. Interviewing witnesses face-to-face is an important part of the process, as it can help an employer assess the demeanor, credibility, motivation, and potential hostility of the witness.To obtain as much information as possible, while minimizing the risk of distortion or bias, human resource professionals should consider some of following guidelines: ###Prepare a checklist. The key for an investigation is information, information, and information again. A proper checklist will ensure that the needed information is obtained during an interview. ###Maintain a positive attitude. Be calm and polite and encourage the witness to be forthcoming. Stress that the interview is voluntary and reassure the witness that he or she will not be retaliated against for either providing information or refusing to assist in the investigation.In all interviews, keep information confidential and limit its disclosure to people on a need-to-knowbasis. ###Conduct the interview in a private place. Conduct the interview in the office of the witness or in a neutral conference room rather than the office of a supervisor or superior. ###Always consider having at least two people other than the interviewee present. A second person can verify what was said in case the witness later changes his or her version of the facts. If the witness is an employee, the additional person present for the employer should be someone in the need-to-know capacity. ### Listen. The purpose of the interview is to obtain facts.If the interviewer does all the talking, no new facts will be uncovered. ###Ask open-ended questions. Asking questions that require a narrative response will encourage the witness to expound and thereby provide additional information. ###Ask follow-up questions. Be sure to ask questions such as who, what, when, where, why, and how.These simple questions frequently unearth additional information. ###Ask for a written statement. If a witness is cooperative and friendly, ask the witness to write a statement in his or her own words.This statement commits the witness to the facts relayed to you, and becomes a valuable tool in continuing the investigation.When the statement is complete, give a copy of it to the witness. ###Keep the identity of the participants private. In discussions of the investigation, do not disclose the name of the witness except to those few individuals who have a need to know.Be aware of inflated, vindictive, or false leads. ###Transcribe the notes of the interview. Do this immediately after the interview is concluded. **If you have any questions regarding your company’s internal investigation procedures, contact a member of **[Barrett McNagny’s Labor and Employment team.](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law)** ** Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Stephanie Nuevo](https:///our-people/stephanie-nuevo)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Sarah L. Schreiber](https:///our-people/sarah-l-schreiber)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Tips for HR on Internal Investigations | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/tips-on-conducting-an-internal-investigation-for-human-resource-professionals ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/tips-on-conducting-an-internal-investigation-for-human-resource-professionals) #Tips on Conducting an Internal Investigation for Human Resource Professionals Most human resource professionals will need to conduct investigations during their careers as a part of their job duties. Investigations are most often required for allegations which include theft, drug use, discrimination, threats, assaults and harassment. The potential liability of an employer is many times dependent upon the quality and manner in which the investigation was conducted. This is why it is important that any internal investigation should have the objective of improving the decision making process. This goal can be accomplished only if there is a thorough understanding of the facts. Investigations that are performed properly can mitigate or prevent the potential for morale problems, prevent legal problems, and ultimately prevent financial losses to the company. Poorly run investigations can do just the opposite. [![](https:///Data/Accounts/Files/1/29c3c6b877502037bb70365db1d41c81-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) **TIP #1: WITNESSES** When conducting an investigation it is important that one or more than one company witness be present, if at all possible, throughout each step of the investigation. Having witnesses can reduce the possibility of mis-documenting information, as well as prevent later denials of comments. **TIP #2:** **DOCUMENT** Preparing summaries of the information gathered, and requesting the provider of the information to sign the summaries, will also assist in the documentation of the investigation. Interviewers should take thorough, contemporaneous notes during the entire investigation. **TIP #3:** **CONFIDENTIALITY** Find a location that provides sufficient privacy for an open flow of information. The investigation should remain as confidential as possible.However, be careful not to promise complete confidentiality. It is usually difficult to maintain complete confidentiality when additional witnesses will be interviewed. However, to help offset the inability to maintain strict secrecy, it is advisable to relay to each interviewee the company’s commitment to conducting a fair and impartial investigation. **TIP #4: INTERVIEW** At the beginning of the employee’s interview, state the reason for the interview, and explain the allegations as well as the facts and the documents that support those allegations (without disclosing confidential sources). [![](https:///Data/Accounts/Files/1/29c3c6b877502037bb70365db1d41c81-Contact-Attorney.png)](https://www.barrettlaw.com/contact-us) During the investigation, interview questions should be asked which tie directly to the issue at hand. Open-ended questions are often best.It is important to document answers and recite back to the interviewee to make sure that your understanding of the qualifications/events are, in fact, accurate. Once you have an accurate understanding, be sure to document the facts; not your opinion of the facts. Give the employee an opportunity to provide mitigating information – all the reasons or circumstances why the employee feels his or her actions were justified or the facts are incorrect. The key to a fair and complete examination of the facts is the ability to remain open-minded and impartial, and to ask pointed follow-up questions that are based on the facts gathered during the investigation.The due process interview should be non-adversarial, open, and candid. **TIP #5: SUMMARY and FOLLOW-UP** At the conclusion of the interview, write a summary of the interview, including listing questions that were asked and answers that were provided.If the interview with the employee raised issues that require further investigation, follow up on them. These tips will help create a fair and thorough investigation process and will help mitigate labor issues for a company. If you have questions regarding conducting an internal investigation please contact a member of the [Barrett McNagny Labor and Employment Group](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law). # Firm Attorneys Recognized in Best Lawyers® in America | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-best-lawyers-in-america ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-best-lawyers-in-america) #Firm Attorneys Recognized in Best Lawyers® in America **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The Best Lawyers in America® 2020 **in their respective practice areas: **Mark H. Bains: **Real Estate Law **John C. Barce: **Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Businesses Law; Corporate Law **Kevin K. Fitzharris:** Commercial Litigation **Richard E. Fox: **Banking and Finance Law; Commercial Finance Law; Corporate Law; **N. Thomas Horton II: **Employee Benefits (ERISA) Law **Benjamin D. Ice: **Litigation – Insurance **Robert T.** **Keen: **Bet-the-Company Litigation; Civil Rights Law; Commercial Litigation; Litigation – Labor & Employment; Litigation – Municipal; Personal Injury Litigation – Defendants **Thomas M**. **Kimbrough:** Litigation – Insurance **James Koday:** Trusts and Estates **Patrick G. Murphy: **Litigation – Insurance **Henry P.** **Najdeski:** Real Estate Law **Joshua C. Neal:** Land Use and Zoning Law; Real Estate Law **Thomas M. Niezer: **Real Estate Law **Michael P. O’Hara:** Banking and Finance Law; Corporate Law **William A. Ramsey**: Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants **Cathleen M. Shrader: **Appellate Practice; Commercial Litigation **Anthony M. Stites: **Employment Law – Management; Labor Law – Management; Labor Law – Union; Litigation – Labor and Employment **Robert S. Walters: **Corporate Law; Securities/Capital Markets Law **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. Review [the description of the selection methodology used](https://www.bestlawyers.com/methodology) for inclusion in the publication. # Worker’s Compensation Insurance – Do I need it? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/workers-compensation-insurance-do-i-need-it ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/workers-compensation-insurance-do-i-need-it) #Worker’s Compensation Insurance – Do I need it? Many business owners ask the question, “Do I need Worker’s Compensation Insurance?” If you answer YES to these two questions, then generally you are required to have it: - Are you an employer? - Do you have at least one employee? All Indiana employers are required to have worker’s compensation insurance, unless otherwise exempted. The exempt employment relationships include railroad employees, federal commerce employees, real estate professionals, independent contractors, athletes on scholarship, inmates of penal institutions, and volunteers. If you are not exempt, you generally must purchase an insurance policy and file proof of this insurance with the Indiana Worker’s Compensation Board (Board). A small number of Indiana employers are "self-insured.” A self-insured business pays for work-related injuries out of its own funds. However, employers must apply to and be authorized by the Board to obtain self-insured status. Employers must post a notice of Worker’s Compensation coverage in a conspicuous location within the work place. This posting must contain the name, address, and telephone number of the employer’s insurance carrier or the person responsible for administering worker’s compensation claims. Failure to comply with the posting requirement may result in a $50 penalty as assessed by the Board. The penalties for failure to carry sufficient insurance coverage include paying reasonable medical expenses, double compensation, and reasonable attorney’s fees during the uninsured period. The Board may pursue court action against an employer for failure to carry insurance. The courts have the authority to order an employer to cease doing business until proof of coverage can be established. The courts may also order an employer to provide proof of financial ability to pay any claims and to deposit a security, indemnity, or bond with the Board to secure payment for any injuries occurring during the lapse of insurance coverage. Failing to carry insurance is a Class A Infraction, punishable by fines and imprisonment. ‘ Carrying Worker’s Compensation insurance is an important part of being a responsible business owner and can impact all aspects of the business if the insurance is not obtained. For questions regarding Worker’s Compensation insurance, contact a member of Barrett McNagny’s Worker’s Compensation team. Contact a member of Barrett's [Labor Relations and Employment Law Group](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law). # Opportunity Zones | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/finance/opportunity-zones ##[Blog](https:///blog) [Back to Economic Development Financing](https:///blog/finance) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/finance/opportunity-zones) #Opportunity Zones ###What are Opportunity Zones? [Click here for a .pdf brochure on Opportunity Zones. ](https://www.barrettlaw.com/Data/Accounts/Files/1/OpportunityZoneBrochure.pdf) 1. Opportunity Zones were established by the Tax Cuts and Jobs Act of 2017 § 1400Z and are low-income census tracts that are nominated for that designation by each State’s Executive Officer and certified by the U.S. Department of Treasury. They offer preferential tax treatment for new investments in these zones. 1. An Opportunity Zone is a community development tool intended to incite investment, improve job access, and facilitate wealth creation in distressed communities. ###What is the difference between an Opportunity Zone and Tax Code § 1031? Under Section 1031 of the Tax Code, a taxpayer may defer recognition of capital gains and related federal tax liability on the exchange of certain types of property. 3. Owner must be the same on the titles. 3. All proceeds must be reinvested; and 3. Properties must be “like kind.” In regard to Opportunity Zones, an investor may defer the capital gain tax liability by investing in one of the areas designated and certified as a Qualified Opportunity Zone 4. Investment in an Opportunity Zone will minimize the tax exposure if held for a certain amount of time. ###**Why invest in an Opportunity Zone?** Investment in Opportunity Zones brings businesses and jobs to low-income neighborhoods. Opportunity Zones provide tax incentives for investors who invest their capital gains into Qualified Opportunity Funds. Allows for deferral or complete exclusion of capital gains that are invested in an Opportunity Zone. 6. Reduced 10-15% if the investment is held for five to seven years. 6. Reduced 100% for investments held for ten years. **Opportunity Zones in Indiana ** An advisory committee was created to recommend to Governor Holcomb locations that fit the definition of low-income. Factors considered when analyzing locations to designate: 8. Existing economic development programs and local coordination efforts; 8. Economic and community data; 8. Likelihood of attracting short and long-term investment; 8. Growing industry sectors within the community; and 8. Information submitted through the online application. Governor Holcomb selected 156 census tracts (within 58 counties and 83 cities/towns) and the U.S. Treasury Secretary certified those areas as Opportunity Zones via delegation of his authority to the IRS. There are 17 census tracts in the Northeast Region of Indiana: Adams; Allen (10); DeKalb; (2); Huntington; Steuben; Wabash; and Wells.For a map of the locations, visit iedc.in.gov. **Steps to investing ** 9. Investor sells existing asset; 9. Invests gain portion of sale into a Qualified Opportunity Fund; and 9. Defers entire amount of gain that is invested. 9. An Investor will pay tax on the deferred amount at the earlier of (1) the sale of the interest or (2) December 31, 2026, subject to the tax rates in effect at the time of recognition. **Fund Formation** A fund is a partnership or corporation organized for the purpose of investing in Opportunity Zone assets. **The Fund** 10. Investors have two options: 10. Invest in a retail fund (QOZ mutual fund); orCreate their own fund for a site-specific project.Once capitalized, the fund has certain timelines to meet regarding deployment of cash into qualifying investments. **Pitfalls** 10. Is it the right investment for the specific investor? Does the tax benefit outweigh the cost incurred?Investor must have capital gains to invest. 10. Good news: investors can choose how much capital gain they wish to invest; they don’t have to invest all gains.Must hold investment for 5, 7, or 10 years to receive the long-term benefit. 10. Investor will still receive deferral benefit. **How to get started in Fort Wayne ** Investors do not have to look for projects if they do not want to. The City of Fort Wayne has 10 key investment opportunities that qualify through public-private partnerships. [Review Fort Wayne Opportunity Zones.](https://www.greaterfortwayneinc.com/economic-development/sites-and-buildings/opportunity-zones/) ****Contacts**** ****Barrett McNagny**** ****(260) 423-9551**** [Thomas M. Niezer,](https://www.barrettlaw.com/our-people/thomas-m-niezer) Real Estate [Thomas E. Ludwiski,](https://www.barrettlaw.com/our-people/thomas-e-ludwiski)Business and Tax **** **** [City of Fort Wayne](https://www.cityoffortwayne.org/) **(260) 427-1127** Sharon Feasel, Development Finance Administrator Nancy Townsend, Redevelopment Director ** **[Greater Fort Wayne Inc.](https://www.greaterfortwayneinc.com/) **(260) 420-6945** Ellen Cutter, Vice President of Economic Development Kirk Moriarty, Director of Downtown and Urban Development # Do I have coverage for this? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/do-i-have-coverage-for-this ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/do-i-have-coverage-for-this) #Do I have coverage for this? Every day we are bombarded with advertisements trying to sell us more insurance. For the average consumer, the choice is not particularly complicated. Most people are in the market for an auto, home, or renter’s insurance policy. But for a business, choosing the type of coverage needed to adequately protect one’s interests can be a much more complicated decision. The average business will likely purchase a commercial general liability policy (“CGL”).This type of coverage provides protection from a variety of claims, including bodily injury, property damage, and personal injury caused by the business' operations and/or products. However, there are many risks the typical CGL policy will not cover and, in fact, will specifically exclude. ![](https:///Data/Accounts/Files/1/9e1089de8ee1a8e648dcf0c12c4f2305-insurance-gaaf75ba5c_1920-min.jpg) Take, for instance, the needs of a bar or tavern owner. Most states have adopted “dram shop” laws, which old businesses that sell alcoholic drinks, or a host who serves liquor to an intoxicated patron or guest, liable to anyone injured by the drunken patron or guest. A CGL policy may exclude coverage for such a claim. Instead, this risk is typically covered by a liquor liability policy, which protects a business that manufactures, sells, or serves alcohol against claims that occur when a patron drinks too much and injures himself or someone else. Even a company that is not in the business of manufacturing, selling, or serving alcohol may need to purchase additional insurance coverage to protect against claims asserted by parties injured as a result of an intoxicated guest who was served alcohol. This type of coverage, referred to as host liquor liability coverage, protects your business against claims or suits that arise from the incidental selling or serving of alcoholic beverages, for example, beer or wine service at a company picnic. Understanding the type of insurance your business may require is an important decision. Getting it wrong could result in a significant exposure to you or your business. Coverage for liquor liability is but one of many examples of coverage gaps that could leave your business exposed. If you have any questions concerning the type of insurance that meets your needs, or are in the unfortunate position of becoming embroiled in a dispute with your insurer, contact a member of Barrett McNagny’s [litigation practice group](https://www.barrettlaw.com/practice-areas/litigation-services). Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Paul and Szaferski Featured | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/paul-and-szaferski-featured ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/paul-and-szaferski-featured) #Paul and Szaferski Featured [Trisha J. Paul](https://www.barrettlaw.com/our-people/trisha-j-paul) and [Emily S. Szaferski ](https://www.barrettlaw.com/our-people/emily-s-szaferski)were featured in the February 2019 Saint Francis magazine for the University of Saint Francis. The article discusses their paths from student-athletes at the university to becoming partners at Barrett McNagny. [Read the magazine article.](https://www.sf.edu/news/2019/06/sisters-in-law/) # Protecting Business from Copyright Litigation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/intellectual-property-law/can-i-use-that-protecting-your-business-from-copyright-litigation ##[Blog](https:///blog) [Back to Intellectual Property Law](https:///blog/intellectual-property-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/intellectual-property-law/can-i-use-that-protecting-your-business-from-copyright-litigation) #Can I use that? – Protecting your business from copyright litigation The Internet is filled with readily accessible and downloadable images and written content. A common misconception exists that the public nature of this information makes it fair game for reproduction and use. If you or your employees hold this belief, you may wind up being the target of a copyright infringement lawsuit. In order to prove copyright infringement, a plaintiff must show two things: (1) the plaintiff owns a valid copyright, and (2) the defendant has copied elements of the work that are original. Thus, if Acme Inc. has a valid copyright in content on its website, or that some third party has placed on the Internet and an employee of your company downloads that content and uses it in, for example, advertising materials, your company is at risk for being sued and potentially held liable for damages. The damages for copyright infringement can greatly exceed what the average person might expect. In general, one who infringes on another’s copyright is liable for either 1) the plaintiff’s actual damages plus any additional profits of the infringer, or 2) statutory damages. See 17 U.S.C. § 504(a). A copyright plaintiff seeking to recover the defendant’s profits establishes the initial case for damages by showing gross revenue. The defendant can then attempt to reduce this number by proving deductible expenses and showing that some of the profit was attributable to factors other than the plaintiff’s copyrighted work. See 17 U.S.C. § 504(b). If a defendant cannot make either showing, a defendant’s gross revenue stands as the damages. This damages paradigm can result in unexpectedly high damages claims. For example, if a plaintiff claims that a defendant took copyrighted material and used it in a book, the plaintiff would like to begin by claiming all profits from the sale of the book; if a plaintiff claims that a defendant infringed on a home design, the plaintiff would likely begin by claiming all profits from the sale of homes based on that design; if a plaintiff claims that a defendant infringed on a copyright of a song, the plaintiff would likely begin by claiming all profits derived from that song. A defendant could certainly have the opportunity to reduce these claimed expenses, but the initial damages figures claimed by a plaintiff can be staggering. Even if there are little to no actual damages, a copyright holder may elect to recover an award of statutory damages of $750 to $30,000 per infringed work. 17 U.S.C. 504(c)(1). The amount of the award within this range is determined based on “what the court considers just.” Id. Courts take the approach that statutory damages are meant to both compensate plaintiffs and deter others from infringing on copyrights under the theory that infringing and being caught should be more expensive than paying licensing fees or otherwise taking appropriate steps to use another’s copyrighted material. See, e.g., Unicity Music, Inc. v. Omni Commc'ns, Inc., 844 F. Supp. 504, 510 (E.D. Ark. 1994). In other words, even if your company infringes on another’s copyright in what seems like it caused no true harm to the copyright holder, a plaintiff can still bring a suit, win, and collect damages. Some plaintiffs bring these suits even when there have been no provable damages not only because of the statutory damages option but also because the Copyright Act allows the prevailing party to recover its attorney’s fees. See 17 U.S.C. § 505. There is a strong presumption that a court will award fees to the prevailing party. See, e.g., Hunn v. Dan Wilson Homes, Inc., 789 F.3d 573, 588-89 (5th Cir. 2015). Attorney’s fees and litigation costs in copyright litigation can be extensive, as the litigation is often complex even when damages are limited, and expert testimony is often (but not always) necessary for both parties. If you receive a cease and desist letter accusing you or your company of copyright infringement, the letter, and threat of litigation must be taken seriously, and you should strongly consider contacting an attorney familiar with copyright litigation promptly to determine the validity of the claim, the potential exposure, and what steps can be taken to mitigate any harm that has already occurred. Of course, your ultimate goal should be to avoid ever being accused of copyright infringement. You can take steps to protect yourself or your company from copyright litigation, including training employees who are responsible for creating content and developing internal policies and procedures to avoid infringing action. Speaking with an attorney who has litigated copyright disputes can help manage the risk of expensive and time-consuming litigation and potential exposure. For questions contact the author, [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) at [war@barrettlaw.com](https://mailto:mailt:war@barrettlaw.com) or a member of Barrett McNagny's [Intellectual Property Group](https://www.barrettlaw.com/practice-areas/intellectual-property-law). # Age Discrimination Employment Act Interpretation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/7th-circuit-provides-narrow-interpretation-of-age-discrimination-employment-act ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/7th-circuit-provides-narrow-interpretation-of-age-discrimination-employment-act) #7th Circuit Provides Narrow Interpretation of Age Discrimination Employment Act The 7th Circuit Court of Appeals, sitting en banc, ruled 8 to 4 that job applicants do not have legal standing to bring claims for unintentional age discrimination under the Age Discrimination Employment Act (ADEA). In Kleber v. Care Fusion Corporation, decided on January 23, 2019, the Court of Appeals ruled that disparate impact claims are not permitted by the ADEA in the job application/hiring process. The Court relied heavily on Section 4(a) (2) of the ADEA. This section of the ADEA makes it illegal for an employer to limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect employee status, because of an individual’s age. The Seventh Circuit held this language makes it clear that the protection exists for existing employees only, not applicants. The Court reasoned that an applicant has no status as an employee under the common meaning of the term “employee.” In reaching its decision, the Seventh Circuit also reviewed Section 4(a) (1) of the ADEA. This section prohibits disparate treatment and indicates that it is illegal for an employer to fail or refuse to hire individuals because of their age. Thus, the Seventh Circuit makes clear that an employer cannot intentionally refuse to hire people because of their age. However, the Court rejected the argument that the ADEA covers challenges to facially neutral policies or criteria that happen to disproportionately affect the protected group. It is entirely possible that the Kleber decision will make its way to the Supreme Court. The Seventh Circuit is the first Court to rule that there is no disparate impact claim for applicants based upon age. Also, it is important to note that the long-standing practice across the country under the ADEA is to avoid age discrimination whether by formal policy (intentional) or by facially neutral policies that adversely impact individuals based upon age (disparate impact). Avoiding both types of potential discrimination claims remains the best practice throughout the country. However, for the time being, at least it will be the rule in the Seventh Circuit (Illinois, Indiana, Wisconsin) that a disparate impact claim based upon age in the hiring process will not be a viable claim. For more information contact a member of [Barrett McNagny's employment group. ](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) # 2019 Indiana Super Lawyers Listing | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/2019-indiana-super-lawyers-listing ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/2019-indiana-super-lawyers-listing) #2019 Indiana Super Lawyers Listing **Barrett McNagny ****LLP** is proud to announce its listing in Indiana Super Lawyers for 2019.The following attorneys were selected for inclusion in their respective practice areas: [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)** – **Alternative Dispute Resolution [Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice)** –** Medical Malpractice Defense [Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr)** – **Business Litigation [Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough)** – **Employment & Labor [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey)**–** Civil Litigation: Defense [Cathleen M. Shrader](https://www.barrettlaw.com/our-people/cathleen-m-shrader)**– **Business Litigation [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites)** – **Employment & Labor The following attorneys were selected for inclusion as 2019 Indiana Rising Stars: [Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains)**–** Real Estate [Marcus A. Heminger](https://www.barrettlaw.com/our-people/marcus-a-heminger)– Securities & Corporate Finance Super Lawyers is a Thomson Reuters business and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. # OSHA Rescinds Electronic Submission | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/osha-rescinds-electronic-submission-and-public-disclosure-requirements-for-large-employers ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/osha-rescinds-electronic-submission-and-public-disclosure-requirements-for-large-employers) #OSHA Rescinds Electronic Submission and Public Disclosure Requirements for Large Employers On Thursday, January 24, 2019, the Occupational Safety and Health Administration (“OSHA”) rescinded the existing rule on tracking of workplace injuries and illnesses. The final rule eliminates the requirement for large employers (250 or more employees) to electronically submit OSHA forms 300 and 301. Keep in mind: all employers (10 or more employees) still must maintain OSHA forms 300 and 301. Additionally, employers must produce these forms during an OSHA inspection. The final rule no longer requires that an employer submit the form 300 and 301 electronically on an annual basis. Lastly, employers with 20 or more employees in certain designated industries will still be required to electronically file information from their form 300A (Annual Summary of Injury and Illness Data). If you have additional inquiries contact a member of [Barrett McNagny's Labor and Employment Group. ](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) # The National Academy of Distinguished Neutrals | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/kevin-k-fitzharris-inducted-into-the-national-academy-of-distinguished-neutrals ##[Blog](https:///blog) [Back to Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/kevin-k-fitzharris-inducted-into-the-national-academy-of-distinguished-neutrals) #Kevin K. Fitzharris inducted into the National Academy of Distinguished Neutrals Barrett McNagny LLP is pleased to announce that [Kevin K. Fitzharris ](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)has been inducted into the [National Academy of Distinguished Neutrals](https://nadn.org/kevin-fitzharris) (NADN). The National Academy of Distinguished Neutrals is a professional association whose membership consists of Alternative Dispute Resolution (ADR) professionals distinguished by their hands-on experience in the fields of civil and commercial conflict resolution. Membership is by invitation only and all Academy members have been thoroughly reviewed and found to meet stringent practice standards. Members are amongst the most in-demand neutrals in their respective states, as selected and approved by their peers, litigators, and judges. “We’re delighted to welcome and recognize **Kevin Fitzharris** to the Academy’s Indiana Chapter in recognition of excellence in his mediation and arbitration practice,” commented Darren Lee, Executive Director of NADN. **Mr. Fitzharris**, a partner at Barrett McNagny, is a registered civil mediator who concentrates his practice on alternative dispute resolution and commercial litigation. He focuses most of his time on serving as a mediator to help individuals and entities solve their disputes before filing suit or before trial. With over twenty-eight years of litigation experience, Mr. Fitzharris has represented major litigants in numerous mediations, arbitrations, jury trials, and bench trials. **Mr. Fitzharris** has mediated hundreds of cases and is listed in the Best Lawyers in America and the Indiana Super Lawyers publications. He is a member of the Defense Trial Counsel of Indiana, the Defense Research Institute, the American Bar Association, and the Allen County Bar Association, for which he serves as the vice chair of the Alternative Dispute Resolution Committee. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| # Avoiding Personal Liability in E-Commerce | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/avoiding-personal-liability-in-e-commerce-after-wayfair) #Avoiding Personal Liability in E-Commerce after Wayfair The internet has had a profound effect on consumer habits, especially with regard to online shopping. For business owners, there are innumerable benefits to opening an online shop as opposed to operating solely a traditional brick-and-mortar storefront. However, one of the most significant drawbacks of opening an e-commerce store when compared to a traditional brick-and-mortar storefront is the complexity and uncertainty of sales tax law. ![](https:///Data/Accounts/Files/1/a5c380895c3ac2cd37e660801fe043c1-ecommerce-g07ce635df_640.jpg) On June 21, 2018, in [South Dakota v. Wayfair](https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf), the Supreme Court of the United States addressed the uncertainty relating to whether or not a business must have a physical presence in a state before that state can require the collection of sales taxes. The Supreme Court ruled that states may require businesses with no physical presence within that state to collect and remit sales tax. In response to this case, the goal for any e-commerce business should be to ensure compliance with the sales tax laws of all states as soon as possible for two reasons. First, many states already have legislation in effect mandating sales tax collection for internet sales. Second, the penalties for non-compliance can be significant and, as in Indiana, can include personal liability of the company’s owners or members for amounts not paid, regardless of any corporate structure intended to shield owners from personal liability. The Wayfair decision will not affect all e-commerce businesses equally. Many states have enacted legislation in response to Wayfair that exempts smaller businesses from tax collection obligations. Some states have special laws that apply to what is now commonly referred to as a “marketplace seller.” A marketplace seller is a seller that, instead of launching an independent website, opens a seller account on websites such as Amazon, eBay, or Etsy as a third-party seller. For example, a consumer may buy a product from Amazon’s website, but is actually buying the product from “XYZ Third-Party Seller” with Amazon merely facilitating the sale. States have taken drastically different approaches to sales tax collection from marketplace sellers. A few states place the responsibility on the marketplace facilitators, such as Amazon, to collect sales tax on behalf of the marketplace sellers. Some states treat marketplace sellers exactly the same as traditional e-commerce sellers. Other states require marketplace sellers to collect sales tax for merely storing inventory within a state. Such laws clearly target a subgroup of Amazon sellers referred to as Fulfillment by Amazon, or, FBA sellers. These sellers use a special service provided by Amazon, sending inventory to various Amazon warehouses where it is stored until purchased, with Amazon handling the shipping. For FBA sellers, it is especially important to ensure compliance with these new sales tax laws because such sellers have no control over where their products are sold and very limited control as to where their products are stored, potentially leading to significant unintended sales tax liabilities. While many states have set forth legislation for sales tax on internet sales, many other states have yet to enact legislation or are still modifying existing legislation to comply with Wayfair. Therefore, it is important for e-commerce companies to not only be aware of existing laws but also have a system in place to monitor for changes in states’ laws. **Responding to new legislation** In the aftermath of Wayfair, it is imperative that e-commerce businesses take the initiative to become fully compliant with the sales tax laws of all jurisdictions. Engaging legal counsel is key to this process. Additionally, legal counsel can help reduce any resources that may be wasted by collecting sales tax in a jurisdiction where it is not required. If you have any questions regarding your company’s sales tax obligations, please contact one of Barrett McNagny’s [business ](https://www.barrettlaw.com/practice-areas/business-law)or[tax law](https://www.barrettlaw.com/practice-areas/tax-law-and-taxation) attorneys. # Elektron Building in Book on Historic Buildings | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/elektron-building-featured-in-book-on-historic-buildings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/elektron-building-featured-in-book-on-historic-buildings) #Elektron Building Featured in Book on Historic Buildings Barrett McNagny moved into The Elektron Building in 1987. Built in 1895, the building has been home to the Jenny Electric Co., Lincoln National Life Insurance Co., a temporary courthouse and numerous Fort Wayne businesses in its year history. The Elektron Building is featured in a new book on historic buildings in Fort Wayne titled "Fort Wayne Through Time." Greater Fort Wayne Business Weekly recently profiled the book and its author, Randy Harter, in an article titled "Fort Wayne Companies Call Historic Buildings Homes." The article features comments from Robert Walters, a senior counsel at the firm and the current owner of the building. The article also features other historic downtown buildings and their current occupants. # Pappas Joins Barrett McNagny | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/intellectual-property-law/pappas-joins-barrett-mcnagny ##[Blog](https:///blog) [Back to Intellectual Property Law](https:///blog/intellectual-property-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/intellectual-property-law/pappas-joins-barrett-mcnagny) #Pappas Joins Barrett McNagny **Barrett McNagny LLP** is pleased to announce that [George Pappas](https://www.barrettlaw.com/our-people/george-pappas)** **has joined the firm as a partner. Mr. Pappas will concentrate his practice in the area of intellectual property, including patents, trademarks, and copyrights. Mr. Pappas is a registered patent attorney and has a license to practice before the United States Patent and Trademark Office. He has over thirty years’ experience assisting companies and entrepreneurs with their intellectual property matters. Mr. Pappas is a member of the Allen County and Indiana State Bar Associations. Mr. Pappas received his J.D. from the Valparaiso University School of Law and has a B.S. in Mechanical Engineering with a minor in Electrical Engineering from Valparaiso University. Mr. Pappas has been admitted to practice before the Indiana State Courts, and the United States District Courts for the Northern and Southern Districts of Indiana. Tagged Attorneys [George Pappas](https:///our-people/george-pappas)| # Zoning Laws When Purchasing Real Estate | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate/zoning-laws-when-purchasing-real-estate ##[Blog](https:///blog) [Back to Real Estate Law](https:///blog/real-estate) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/real-estate/zoning-laws-when-purchasing-real-estate) #Zoning Laws When Purchasing Real Estate A business may be on the market to acquire real estate for a variety of reasons. For example, it often becomes necessary to move into a new office space to accommodate ongoing expansion, plan for future growth, relocate for strategic reasons or downsize and eliminate unused space. The process of searching for and purchasing real estate can be daunting. However, working with a real estate attorney to consider the implications of property zoning laws, address potential issues, and obtain necessary variances and permits in advance can avoid hassles down the road and allow a business to flourish in its new space. ##What are Zoning Laws? Zoning laws refer to the local laws regulating the allowable use of a property in certain areas. For example, a property could be zoned for residential, commercial, retail, industrial, or some other use. In Indiana, real estate within the city limits is governed by the city zoning ordinance, while property not within city limits is subject to the county zoning ordinance. The applicable zoning ordinance may prohibit certain types of development for a variety of reasons, such as to prevent environmental contamination or to preserve the historical character of an area. A prospective purchaser should be aware of whether the current zoning laws of the property permit the intended use. Even if the property is currently being used for the prospective purchaser’s intended use, such use could be non-conforming with the zoning ordinance, and the nonconforming use may or may not transfer to the new owner with the land. Accordingly, understanding what uses and types of development are permitted, and what is prohibited, is essential to ensuring that a business will be able to use the property as planned. In addition to governing the use of the property, the zoning ordinance can regulate the site plan and architecture of the buildings and other structures on the property. Different zoning districts have different requirements for setbacks, the appearance and height of buildings, parking, types of light fixtures, landscaping, signage, and a variety of other issues. Complying with such requirements could involve a significant investment of time and money. Taking zoning laws into account early on will allow a purchaser to avoid being surprised by hidden costs and delayed timelines. ##Zoning Laws of Surrounding Properties The zoning of the surrounding properties and the nature of neighboring businesses should also be taken into account. For example, a property may appear ideal for a new office space and be adjacent to undeveloped land. However, if it turns out that the adjacent properties are zoned for industrial use, a noisy manufacturing facility could be constructed in the future after the business moves into the new office space. This is just one example of how being unaware of potential future development in the surrounding area could end up impeding a business’s operations or diminishing property resale value. As described above, the zoning ordinance can create significant legal restrictions on what a property owner can and cannot do on the property. However, there are also procedures in place for obtaining permission to use the property in a manner that is not provided for in the zoning ordinance. Obtaining such permission often requires that certain legal tests be met and approval be obtained from the relevant zoning officials, typically accompanied by a public hearing. Enlisting legal counsel early to analyze whether your proposed property use complies with the applicable zoning ordinance and to assess your options for obtaining any necessary permits, variances, zoning changes, or other approvals is key to ensuring that the property will meet your needs and avoiding unanticipated and expensive issues down the road. For questions regarding this article contact a member of the [Real Estate team at Barrett McNagny](https://www.barrettlaw.com/practice-areas/real-estate-law). # Paul Authors Column in The Journal Gazette | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/paul-authors-column-in-the-journal-gazette ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/paul-authors-column-in-the-journal-gazette) #Paul Authors Column in The Journal Gazette [Trisha J. Paul](https://www.barrettlaw.com/our-people/trisha-j-paul) authored a column in The Journal Gazette on how participating in sports impacted her life and taught her valuable skills such as hard work, dedication, and commitment. The column titled "Practice for the game of Life" appeared in the Sunday, November 25, 2018 issue. [Click here to read the entire article. ](https://http://www.journalgazette.net/opinion/columns/20181125/practice-for-the-game-of-life) # Midterm Election Results for Use of Marijuana | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/november-2018-midterm-election-results-for-use-of-marijuana ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/november-2018-midterm-election-results-for-use-of-marijuana) #November 2018 Midterm Election Results for use of Marijuana Michigan, North Dakota, Utah, and Missouri all had marijuana initiatives on the midterm ballot. The results follow: **Michigan** **** Approved the recreational use and possession of marijuana for anyone 21 years of age or older. Michigan will impose an excise tax of 10% on any recreational marijuana sales. **North Carolina** North Carolina voters rejected the recreational use of marijuana. **Utah** Voters passed the medical use of marijuana for qualifying illnesses. The Act requires qualifying patients to get a medical card from their physician. Once a patient secures the medical marijuana card, he or she will be allowed to purchase either two ounces of unprocessed marijuana or up to 10 grams of THC or cannabidiol (CBD) within any two-week period. **Missouri** Missouri voters approved the medical use of marijuana. A 4% tax will be imposed on medical marijuana sales. **Current Status of Marijuana Nationwide** In light of this week’s voting, there are now 33 states with legalized marijuana use for medical purposes; 10 of those allow recreational marijuana use. Washington D.C. likewise allows recreational and medical use of marijuana. Puerto Rico and Guam allow for the medical use of marijuana. Under the federal Drug Free Workplace Act, however, marijuana is still illegal under federal law. Thus employers largely are allowed to maintain drug testing and policies that prohibit employees from being at work with marijuana in their system. In analyzing an employee's use of medical marijuana, we caution you to be cognizant of the Americans with Disability Act. Medical Marijuana Legal: Alaska*, Arizona, Arkansas, California*, Colorado*, Connecticut, Delaware, D.C.*, Florida, Georgia, Hawaii, Illinois, Maine*, Maryland, Massachusetts*, Michigan*, Minnesota, Missouri, Montana, Nevada*, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon*, Pennsylvania, Rhode Island, Utah, Vermont*, Washington*, and West Virginia. Limited protections for cannabidiol (CBD) only: Indiana, Iowa, Tennessee, Virginia, and Wisconsin. For questions about how this might impact your workplace, contact a member of [Barrett McNagny's Labor and Employment team. ](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) * Also allow recreation use. # 2019 “Best Law Firms” Rankings | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/2019-best-law-firms-rankings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/2019-best-law-firms-rankings) #2019 “Best Law Firms” Rankings **Barrett McNagny ****LLP** is proud to announce that the firm was ranked in the 2019 “Best Law Firms” rankings by **U.S. News Media Group** and **Best Lawyers®**. The firm was recognized for its first-tier ranking in the Fort Wayne area in the following practice areas: - [Commercial Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) - [Corporate Law](https://www.barrettlaw.com/practice-areas/business-law) - [Employee Benefits (ERISA) Law](https://www.barrettlaw.com/practice-areas/employee-benefits-law) - [Insurance Law](https://www.barrettlaw.com/practice-areas/litigation-services) - [Labor Law – Management](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) - [Real Estate Law](https://www.barrettlaw.com/practice-areas/real-estate-law) - [Trusts and Estates Law](https://www.barrettlaw.com/practice-areas/estate-planning) These rankings showcased fewer than 10,000 law firms across the country. Firms were often separated by small or insignificant differences in overall score, so a tiering system, rather than a sequential system is used. The first-tier ranking includes those firms that scored within a certain percentage of the highest-scoring firm(s); the second tier, those firms that scored within a certain percentage of the next highest scoring firm(s), etc. The number of tiers included in each practice area or metropolitan area varies. **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [Learn more about the selection methodology for inclusion in the publication.](https://www.bestlawyers.com/methodology) # What Is Alternative Dispute Resolution? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution ##[Blog](https:///blog) [Back to Alternative Dispute Resolution](https:///blog/litigation/alternative-dispute-resolution) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/alternative-dispute-resolution/what-is-alternative-dispute-resolution) #What Is Alternative Dispute Resolution? [Alternative Dispute Resolution ](https://www.barrettlaw.com/practice-areas/alternative-dispute-resolution)(ADR) is an alternative way to resolve disputes. For decades, our justice system has seen an explosion of litigation to the point that courts now struggle to handle all of the lawsuits. The Indiana Supreme Court adopted five forms of ADR to help resolve disputes without having to go to trial: 1. Summary Jury Trial 2. Mini-Trial 3. Private Judge 4. Arbitration 5. Mediation Federal Courts allow for similar ADR, but this post will focus on ADR in State Court. Should you desire to resolve your dispute out of court, understanding each kind of ADR will help you decide which type is most proper for your particular case. ![](https:///Data/Accounts/Files/1/76fd656777e2802642f5cd4cad68c284-fcb760301fdfb9a42fd330ba2ad13180-law-g6856944ea_1920-min.jpg) ##Summary Jury Trial In a summary jury trial, attorneys for each side make an abbreviated presentation of their case to an actual jury who will render a verdict, which is typically non-binding. The presentations usually last a half or full-day. Live witnesses are seldom called to testify with the attorneys simply summarizing the evidence that would likely be presented in the case actually went to court. One of the benefits of a summary jury trial is that, after the summary trial is done, the attorneys and parties interact with the jury and can ask the jurors why they reached their conclusion and which issues were most important to them. This jury interaction can lead to a quick settlement between the parties, thereby avoiding protracted litigation. ##Mini-Trial In a mini-trial, each attorney presents a short version of his or her case to the other side with a neutral judge maintaining order. No jury is involved. After attorneys present their clients’ cases, the judge then conducts a settlement conference between the parties to try to settle the case. Mini-trials are most effective for complex commercial and business disputes, as the mini-trials allow upper management to listen to both sides of a case and make a decision about whether to settle the case or proceed with litigation. Mini-trials can also be effective when there are trade secrets, copyrights, patents, and/or trademarks at stake to maintain privacy. Mini-trials can also be useful when both sides want to preserve an ongoing business relationship. A mini-trial can result in a case resolution long before a judge or jury would decide a case in a court of law. ##Private Judge Using a private judge to resolve a dispute can also be effective. This form of ADR is typically used when a judge has special expertise in a particular area and/or there are special evidentiary issues involved with a case. Once the parties select the judge, the evidence is presented to the judge in an informal manner, with the judge usually rendering a binding decision. Like all other forms of ADR, using this method of ADR saves the parties involved in a dispute time and money. ##**Arbitration** In an arbitration, the dispute is normally submitted to a panel of 3 arbitrators for a specific, and usually binding, decision. If the panel consists of 3 arbitrators, each side picks an arbitrator and then the 2 arbitrators pick a neutral 3rd arbitrator. Some agreements (i.e. insurance contracts) require a dispute be resolved by arbitration and not by the traditional court system. Once an arbitration date is set, each side sends briefs to the arbitration panel outlining their positions and, thereafter, the arbitration panel will hold a half-day or full-day hearing listening to witnesses and arguments by the parties. Rules of evidence are typically suspended, thereby leading to a more an informal hearing than what would occur in court. Parties typically select this form of ADR when there are complicated and/or technical issues involved that a judge or jury may have a difficult time comprehending. It is also a good avenue to travel when the parties want to avoid publicity. In Indiana, arbitration is the second most popular form of ADR, second only to mediation. ##**Mediation** By far, mediation is the most popular form of Alternative Dispute Resolution. In mediation, a neutral third party, a “mediator” (typically an attorney), encourages and assists both sides to resolve their dispute without prescribing what the actual result should be. The mediator is not a decision-maker, but rather a facilitator whose job is to help each side consider its strengths and weaknesses in order to resolve the case. Mediation has become so popular that now most courts will schedule a trial date until the parties go through the mediation process. According to statistics, cases are resolved in mediation 80-90% of the time. ![](https:///Data/Accounts/Files/1/a628458f388e5b1396eac95c854f402d-99746f2e1759f01c9f16d6a4025fd8e3-document-gff1edaca0_1920-min.jpg) In mediation, both sides agree to a mediator and a date for the mediation session. After the mediation date is selected, both sides provide to the mediator a confidential mediation statement outlining their respective positions. The parties then gather at the mediator’s office for, typically, a half-day or full-day mediation session. Sometimes opening sessions are held in which each side can present its position to the other side. On the other hand, both sides can waive an opening session and get right down to settlement negotiations with the mediator. If a settlement is reached at the conclusion of a mediation session, the agreement is reduced to a written document which becomes a binding contract and is enforceable in a court of law. If a party tries to change its mind after signing a mediation settlement agreement, the other side can enforce the mediation agreement in court. ##Why is Mediation so Popular in Indiana? Not only does mediation save the parties time, effort, energy, and money it also provides the parties the added benefit of a neutral evaluation from the independent mediator. Mediation also provides the parties their “day in court” by telling their side of the story to the mediator. Each client has significant input into the settlement negotiations and the mediation session is entirely confidential. Even if no settlement is reached during mediation, it can result in the elimination of various issues or result in the exchange of information between the parties that may lead to a quick settlement following the mediation session. Given the fact that mediation has proved to be the most popular form of ADR, Barrett has established its own [Mediation Center](https://www.barrettlaw.com/practice-areas/alternative-dispute-resolution) and has attorneys who specialize as mediators including [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris), [James J. O’Connor](https://www.barrettlaw.com/our-people/james-j-oconnor) or [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites). Should you wish to schedule a mediation session with one of our attorneys here at Barrett, or schedule another form of ADR, please do not hesitate to contact us. We look forward to working with you in the future! [![](https:///Data/Accounts/Files/1/0bf74fc3ff58f2fd9477b58b455d6f7d-ContactAttorneyButton.png)](https://www.barrettlaw.com/our-people?PracticeAreaID=6) Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # 2019 “Lawyers of the Year” Attorneys | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/local-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/local-attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) #Local Attorneys Recognized as “Lawyers of the Year” in Best Lawyers® in America ![](https:///Data/Accounts/Files/1/33a49f1eebc1c1d439c66f0c5f868a22-firm-7907-US-basic-M-E25.png) **Barrett McNagny ****LLP** is proud to announce that four firm attorneys were selected by their peers for inclusion in **The Best Lawyers in America® 2019 **as “Lawyer of the Year” in their respective practice areas. [Richard E. Fox](https://www.barrettlaw.com/our-people/richard-e-fox) was selected “Lawyer of the Year,” Fort Wayne, in the area of Banking and [Public Finance Law](https://www.barrettlaw.com/practice-areas/public-finance-law). Thomas A. Herr was selected as “Lawyer of the Year,” Fort Wayne, in the area of Insurance Law. [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) was selected as “Lawyer of the Year,” Fort Wayne, in the area of [Medical Malpractice Law](https:///practice-areas/medical-malpractice-defense) - Defendants. They received this distinction based on peer ratings. Only a single lawyer in each practice area in each community annually is honored as a “Lawyer of the Year.” **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [Read a description of the selection methodology for inclusion in the publication](https://www.bestlawyers.com/methodology). # 401(k) / 403(b) Plans - Selected Developments | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/401k-403b-plans-selected-developments ##[Blog](https:///blog) [Back to Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/401k-403b-plans-selected-developments) #401(k) / 403(b) Plans - Selected Developments This is to update you on certain recent developments pertaining to 401(k) and 403(b) plans, which may affect your plan operations and plan document. ##Disputes Concerning Whether A Participant Is Disabled ###The New Rule Effective as of **April 1, 2018**, potential new claims and appeals procedures exist for situations in which there is a dispute regarding whether a participant has met a plan’s definition of a disability. These new rules apply not only to disability plans but also to retirement plans and non-qualified deferred compensation plans. The new rules do not apply to non-ERISA 403(b) plans (i.e. governmental and church 403(b) plans). ###The Exception An exception exists to these rules for retirement and deferred compensation plans that defined disability by looking to an “outside source” (i.e. by looking to the Federal Social Security Administration or to a disability income policy), so that there is no discretion on the part of the employer, are not subject to the new rules. If a given plan designee (i.e. depending on the definition of disability) is required to meet the new rules, the new rules impose certain additional requirements pertaining to processing disability claims and appeals. ###Potential Need to Amend the Plan These new rules may require a plan amendment. If you have not done so already, please contact your document provider concerning this topic. ##**Casualty Loss As a Hardship Withdrawal** As a result of some recent legislation, a casualty loss for hardship withdrawal purposes is permitted only if the casualty occurred in a **federal disaster area**. This change resulted from certain Internal Revenue Code changes which were not intended to (but did) affect the 401(k)/403(b) hardship withdrawal rules. It is hoped that this unintended result will eventually be reversed. ##Potential New Rules Pertaining to Hardship Withdrawals Recent legislation contains new rules pertaining to hardship withdrawals that will be **effective**** in 2019, not 2018**. These rules include: - A participant does not have to take a plan loan prior to taking a hardship withdrawal. - A participant’s ability to make elective deferral contributions does not have to be suspended for six months after taking a hardship withdrawal. - Hardship withdrawals can now include earnings on elective deferral contributions. - Hardship withdrawals are now permitted from sources that were previously not permitted, which means that hardship withdrawals may now be taken from safe harbor monies. Some uncertainty exists concerning the above new rules. For the most part, it appears that these rules are voluntary, and not mandatory. Some employers may decide to adopt some, but not all, of the above new rules. Also, some of the above new rules may require additional IRS guidance and/or legislative action before we can understand the rules’ full ramifications. # The Best Lawyers® in America 2019 Recognitions | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2019 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/attorneys-recognized-in-the-best-lawyers-in-america-2019) #Attorneys Recognized in The Best Lawyers® in America 2019 **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The Best Lawyers in America® 2019 **in their respective practice areas: - **[John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce): **Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Businesses Law; Corporate Law - [Kevin K. Fitzharris: ](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)Commercial Litigation - [Richard E. Fox: ](https://www.barrettlaw.com/our-people/richard-e-fox)Banking and Finance Law; Commercial Finance Law; Corporate Law; - **Thomas A. Herr: **Bet-the-Company Litigation; Commercial Litigation; Insurance Law - **[Benjamin D. Ice:](https://www.barrettlaw.com/our-people/benjamin-d-ice) **Litigation – Insurance - **[Robert T. Keen](https://www.barrettlaw.com/our-people/robert-t-keen-jr): **Bet-the-Company Litigation; Civil Rights Law; Commercial Litigation; Litigation – Labor & Employment; Litigation – Municipal; Personal Injury Litigation – Defendants - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough):** Litigation – Insurance - **James Koday**: Trusts and Estates - [Patrick G. Murphy: ](https://www.barrettlaw.com/our-people/patrick-g-murphy)Litigation – Insurance - [Joshua C. Neal:](https://www.barrettlaw.com/our-people/joshua-c-neal) Land Use and Zoning Law; Real Estate Law - **[Thomas M. Niezer](https://www.barrettlaw.com/our-people/thomas-m-niezer): **Real Estate Law - [Michael P. O’Hara:](https://www.barrettlaw.com/our-people/michael-p-ohara) Banking and Finance Law; Corporate Law - [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey): Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants - **[Cathleen M. Shrader:](https://www.barrettlaw.com/our-people/cathleen-m-shrader) **Appellate Practice; Commercial Litigation - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites): **Employment Law – Management; Labor Law – Management; Labor Law – Union; Litigation – Labor and Employment - **Robert S. Walters: **Corporate Law; Securities/Capital Markets Law **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found [on their website](https://www.bestlawyers.com/methodology). Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Niezer Authors Column in The Journal Gazette | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate/niezer-authors-column-in-the-journal-gazette-on-redevelopment ##[Blog](https:///blog) [Back to Real Estate Law](https:///blog/real-estate) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/real-estate/niezer-authors-column-in-the-journal-gazette-on-redevelopment) #Niezer Authors Column in The Journal Gazette on Redevelopment [Thomas Niezer](https:///our-people/thomas-m-niezer) authors a column in The Journal Gazette on redevelopment efforts in Fort Wayne. The column, "City's Residents Want and Expect More" appeared in the July 26, 2018 edition of the newspaper. It discussed the redevelopment efforts in Fort Wayne and the surrounding 11-county region. [Click here to read the article. ](https://http://www.journalgazette.net/opinion/columns/20180726/citys-residents-want-and-expect-more) # Decanting, or when Trust is Not Irrevocable | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/decanting-or-when-an-irrevocable-trust-is-not-irrevocable ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/decanting-or-when-an-irrevocable-trust-is-not-irrevocable) #DECANTING (or when an Irrevocable Trust is not irrevocable) ###The Problem: What if you created an Irrevocable Trust years ago that does not work today? Examples are: #### 1. Bad Tax Consequences A husband died years ago and created an Irrevocable Family Trust with discretionary income and principal distributions to his wife for life and, at her death, the remainder to his children. The Trust was funded with $1,000,000 in assets that have now appreciated in value to $2,500,000. The Trust is excluded from Federal Estate Tax (FET) at the wife’s death. She is the Trustee. Wife has assets of her own totaling about $1,500,000. Therefore, the combined trust’s and wife’s assets equal $4,000,000, well below both (i) the current FET Exemption (amount you can pass estate tax free) of $11,180,000 per person and (ii) the FET Exemption when it reverts on January 1, 2026 to $5,600,000 (plus indexing for inflation). So, with or without the Trust, no Federal Estate Tax will be assessed. But what about Federal Income Tax (FIT)? Under a concept called “stepped-up basis,” assets that are included in a decedent’s estate for FET purposes receive a new FIT basis equal to the asset’s fair market value on the date of death. For example, if I bought a stock for $50 and sold it for $100 dollars on the day before I died, I would pay capital gains tax on the $50 of appreciation ($100 value - $50 basis = $50 gain). However, if my estate sold that same stock for $100 on the day after I died, my estate would pay no capital gains tax ($100 value - $100 stepped-up basis = $0 gain). That is the problem with this Trust for tax purposes. If the Trust’s assets were not exempt from FET at the wife’s death, her estate would still pay no FET, because $4,000,000 is below the $11,180,000 FET Exemption. However, when the children sell the Trust’s assets, they will incur capital gains tax on $1,500,000 of gain that was realized between the time the assets were deeded to the Trust and their value when sold ($2,500,000 sale price less the $1,000,000 basis). If the Trust could be changed so that the assets are included in the wife’s estate for FET purposes, the children could enjoy a stepped-up basis of $2,500,000 and avoid that looming capital gains tax liability. Can this “Irrevocable” Family Trust be amended to avoid that capital gains tax? #### 2. Changed Family Circumstances At his death years ago, a husband created an Irrevocable Trust with discretionary income and principal distributions to his wife (also the Trustee) for life, then income to his children for their lives, remainder to his grandchildren at 35. His purpose was to avoid both FET and Generation Skipping Tax (GST), a tax like FET that taxes transfers to grandchildren, at not only his wife’s death but also his children’s deaths. Today, neither his wife nor children have estates exceeding $3,000,000, so no FET nor GST is anticipated. All the children are solid and financially astute, and his wife wants to terminate the Trust and give and bequeath the assets to her children. Can the Trust be terminated? #### 3. Other Examples Some other situations that can cause problems: - The successor Trustee is no longer a good candidate. - A descendant has creditor or substance abuse issues. - The Trust has an error. - A descendant is otherwise eligible for Medicaid, e.g. special needs grandchild. ### **The Solution**** – Part 1 (Decanting)** Wikipedia defines “wine decanting” as when wine that contains sediment is poured from one jar into a decanter to separate the sediment from the wine itself. In the process, the sediment remains in the first jar, and the sediment-free wine is transferred to the decanter. Indiana Code § 30-4-3-36 allows one to accomplish the same result with eligible trusts. The assets of an existing Trust with “sediment” are transferred to a new Trust without that sediment. To be eligible: (i) The existing Trust must currently allow principal distributions; (ii) The beneficiaries of both the existing Trust and the new Trust must be the same; (iii) The new Trust must not reduce any income, annuity, or unitrust interest in the existing Trust; (iv) The Trustee must be willing to decant; and (v) The beneficiaries must be notified that the Trustee intends to decant the assets of the existing Trust to a new Trust. If no objection is anticipated from any beneficiary, decanting can convert a “bad” trust into a “good” trust. ### The Solution – Part 2 (Court Reformation) What if decanting is not available, e.g., where a corporate Trustee will not decant due to liability concerns? Indiana Code § 30-4-3-24.5 provides an alternative to decanting. If a beneficiary can show the Court that, due to changed circumstances since the Trust was created, the Trust needs to be amended, the Court has the power to reform the Trust. The bottom line: an Irrevocable Trust is not always irrevocable. Decanting and Court reformation are possible alternatives to fix a “bad” trust. If you have an Irrevocable Trust that needs to be changed, please contact us to learn more about your alternatives. # Ten Steps to Get Your Business Startup on Track | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/ten-steps-to-get-your-business-startup-on-track ##[Blog](https:///blog) [Back to Business and Corporate Law](https:///blog/business-and-corporate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/ten-steps-to-get-your-business-startup-on-track) #Ten Steps to Get Your Business Startup on Track Congratulations! You have decided to start your own business. Now it is time to get down to the business of organizing your business. From the start, it is best to put in place processes and procedures to keep you focused. Here are ten steps to help set-up your business for success. ![](https:///Data/Accounts/Files/1/6d99330ec3c69f356005a90b81ee1b38-6b750b830d0c965a8e375f0190772e81-open-sign-g45f6591f5_640.jpg) ##Open a Bank Account Having a separate bank account for your business expenses will keep your records distinct from your personal accounts. Doing so is important for both practical and a variety of legal reasons. ##Track Expenses Establish a system for organizing receipts and other expenses. This organization will make your life easier at tax time. There are five kinds of receipts that are particularly important to save: 1. Meals and Entertainment 1. Out of Town Business Travel 1. Vehicle-Related Expenses 1. Receipts for Gifts (sometimes the distinction between entertainment and gift can be blurry) 1. Home Office Receipts ##Develop a Bookkeeping System You can choose to do the cash method, under which revenues and expenses are recognized at the time they are actually received or paid, or the accrual method, under which revenues are reported when they are earned. This method requires tracking receivables and payables. ##Set Up a Payroll System Having a system is important if you plan on having employees because as an employer you are responsible to withhold income tax (federal, state and local). ##Investigate Import Tax If you plan on importing any of your goods from outside of the country you will need to understand this tax and its impact on your bottom line. ##Determine How You Will Get Paid (example PayPal, Credit Card, etc.) You will need to establish how your customers will pay you for your product and set up the appropriate accounts for payment. ##Establish Sales Tax Procedures Knowing how you will collect, report and pay sales taxes on items sold before you start selling items will avoid headaches at tax time. ##Determine Your Tax Obligations (Sole Proprietor, Inc. LLC) Your tax obligations will depend on how you set up your company. It is important to talk to a professional about which entity formation will work best for you and your business. ##Calculate Gross Margins Knowing your margins is important for controlling your budget and defining the amount of money available for payroll, marketing expenses, etc. ##Constantly Re-Evaluate Your Methods As you and your business grow it is important to review your methods to see if they continue to fit and meet your business needs. For questions regarding setting up your business, contact a member of Barrett McNagny’s [Business and Corporate group](https://www.barrettlaw.com/practice-areas/business-law). # What Is An Injunction? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/what-is-an-injunction ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/what-is-an-injunction) #What Is An Injunction? An injunction is an order issued by a judge that forces a person or entity to perform an action or stop taking certain action. Generally, Indiana law requires the moving party to prove several elements before granting an injunction. Specifically, the moving party must demonstrate by a preponderance of the evidence: a reasonable likelihood of success at trial; the remedies at law are inadequate; the threatened injury to the movant outweighs the potential harm to the nonmoving party; and the public interest would not be disserved by granting the requested injunction. Cent. Ind. Podiatry, P.C. v. Krueger, 882 N.E.2d 723, 727 (Ind. 2008). A hearing must be held to obtain an injunction. In emergencies, a court can issue a temporary restraining order that prohibits or requires action without notice to the non-moving party. These emergency orders are much more limited in duration than injunctions, which require notice. To obtain an injunction, the Court will require the moving party to give security to safeguard against a wrongful injunction being entered. This security can be paid into the Court in cash, or the moving party can obtain a bond or some other form of financial security to protect the non-moving party. A permanent injunction is typically only entered after a trial on the merits. ##Reasonable Likelihood of Success on the Merits Indiana courts have interpreted this element as requiring the Plaintiff to establish a prima facie case. Norlund v. Faust, 675 N.E.2d 1142, 1149 (Ind. Ct. App. 1997), clarified on denial of reh'g, 675 N.E.2d 1142. A “prima facie” case is “such evidence as is sufficient to establish a given fact and which will remain sufficient if uncontradicted. ”Johnson v. State, 258 Ind. 648, 283 N.E.2d 648, 651 (1972). In other words, a Plaintiff does not need to convince the Court that the Plaintiff will actually win in order to obtain an injunction, but must convince the Court that it has enough evidence to win if the other side does not come forth with contradictory evidence. ##Plaintiff Does Not Have Adequate Remedies at Law Courts will generally not issue injunctions in cases where only money is at issue. Courts take the view that money damages can be awarded after a full trial on the merits. Injunctions are used only to prevent irreparable harm or “harm which cannot be compensated for through damages upon resolution of the underlying action. ”Coates v. Heat Wagons, Inc., 942 N.E.2d 905, 912 (Ind. Ct. App. 2011). Even when a legal remedy is possible, the trial court should award injunctive relief “where a legal remedy will be inadequate because it provides incomplete relief or relief that is inefficient to the ends of justice and its prompt administration.” Id. In other words, injunctive relief is proper when it is “more practical, efficient, or adequate than that afforded by law. ”Barlow v. Spies, 744 N.E.2d 1, 6 (Ind. Ct. App. 2001). ##Harm to Plaintiffs of Denying Injunctive Relief Outweighs Harm to Defendant of Granting Injunctive Relief An injunction will only be granted if the harm to the Plaintiffs of denying the injunctive relief outweighs the harm to the Defendant of granting injunctive relief. Robert’s Hair Designers, Inc. v. Pearson, 780 N.E.2d 858, 863 (Ind. Ct. App. 2002). ##Public Interest is Not Disserved by Granting Injunctive Relief The Judge will always consider whether it is in the public interest to grant or deny a request for an injunction. In other words, the Judge will “consider whether a greater injury would be done by granting the injunction that would result from a refusal to do so.” State ex rel. Atty. Gen. v. Lake Superior Court, 820 N.E.2d 1240, 1255 (Ind. 2005). While injunctive relief is an extraordinary remedy, certain cases require this type of equitable relief. Injunctions are particularly appropriate when parties are suffering non-economic damages, as the general benefit of an injunction is that it allows for special non-monetary remedies to a problem. While injunctions are considered extraordinary remedies, an injunction often is the only way to force a party to comply with a prior agreement or stop unwanted or harmful behavior. Injunctions thus serve an important and useful purpose in our legal system. Tagged Attorneys [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| # State Tax Credit & Underserved Communities | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities ##[Blog](https:///blog) [Back to Economic Development Financing](https:///blog/finance) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities) #A Role For State Tax Credits In The Redevelopment Of Economically Distressed Communities Economic development, redevelopment, and rehabilitation of abandoned and/or distressed industrial and commercial sites as well as economically challenged and underserved communities is on the rise in Fort Wayne and elsewhere in the Northeast Indiana region. One of the major drivers of this welcome economic activity is the availability of federal and state tax credit programs that provide developers with needed financial assistance to support these often challenging and aggressive projects. This blog post discusses state programs and a previous post discussed the federal programs. [Click here to read about available federal tax credit programs. ](https://www.barrettlaw.com/blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) ###Indiana State Tax Credit Programs ####Community Revitalization Enhancement District Tax Credits The Community Revitalization Enhancement District (CReED) Tax Credit provides an incentive for investment in community revitalization enhancement districts. A CReED is either designated by an advisory commission on industrial development (see IC 36-7-13-12 or IC 36-7-13-12.1) or designated by the legislative body of a county or municipality (see IC 36-7-13-10.5). The CReED tax credit is established by IC 6-3.1-19. The CReED tax credit amount is equal to the amount of qualified investments made by the taxpayer during the taxable year multiplied by twenty-five percent (25%). A “qualified investment” is defined in the statute as a taxpayer’s expenditure that is for redevelopment or rehabilitation of property located within a CReED designated (i) by the legislative body of a county or municipality, or (ii) under a plan adopted by an advisory commission on industrial development, and approved by the Indiana Economic Development Corporation (IEDC) before the expenditure is made. Eligible costs may include: - Acquisition costs, when necessary for redevelopment or rehabilitation; - Architectural and engineering fees; - Construction management and demolition costs; - Environmental remediation costs; - Furniture, fixtures, and equipment, if non-movable; - Permitting costs directly related to rehabilitation; and - Other hard costs. Eligible costs do not include: - Legal and accounting fees; - Developer fees; - Feasibility studies; - Property insurance; - Furniture, fixtures, and equipment, if movable; - Loan costs; - Other professional fees not directly related to rehabilitation of the property; - Reserves; or - Other soft costs. The CReED tax credit is applied against the taxpayer’s state or local tax liability and may be carried forward to the immediately following taxable years. If a pass-through entity is entitled to a CReED tax credit under IC 6-3.1-19, but does not have state and local tax liability against which the tax credit may be applied, a shareholder, partner, or member of the pass-through entity is entitled to a tax credit equal to the tax credit determined for the pass-through entity for the taxable year, multiplied by the percentage of the pass-through entity’s distributive income to which such shareholder, partner, or member is entitled. An application for CReED tax credits will be reviewed by the IEDC based on the project’s eligibility per statute and the state policy, viability, and whether it is a compelling use of CReED tax credits in line with the state’s economic development priorities. Approval of a taxpayer’s application must occur before an investment is made. ####Industrial Recovery Tax Credits The Industrial Recovery Tax Credit, also known as the DINO tax credit for the older buildings it benefits, provides an incentive for companies to invest in former industrial facilities requiring significant rehabilitation or remodeling expenses. The DINO credit is established by IC 6-3.1-11.In implementing this program, the IEDC intends to partner with local government in the revitalization of qualified industrial sites; therefore, any award under this program likely will not exceed the financial support offered by the locality. The DINO credit amount is equal to the amount of the qualified investment multiplied by the applicable percentage, which can range from 15-25% (see IC 6-3.1-11-1), and is based on the time at which the plant was placed in service. - 15 percent for a plant placed in service between 15 and 29 years ago - 20 percent for a plant placed in service between 30 and 39 years ago - 25 percent for a plant placed in service at least 40 years ago The DINO credit is applied against the taxpayer’s state tax liability, in the following order: adjusted gross income tax liability, insurance premiums tax liability, and financial institutions tax. As is the case with the CReED tax credit, the DINO credit may be carried over to the immediately following taxable years if it exceeds the taxpayer’s state tax liability per IC 6-3.1-11-17. Also, If a pass-through entity is entitled to a DINO credit under IC 6-3.1-11, but does not have state and local tax liability against which the tax credit may be applied, a shareholder, partner, or member of the pass-through entity is entitled to a tax credit equal to the tax credit determined for the pass-through entity for the taxable year, multiplied by the percentage of the pass-through entity’s distributive income to which such shareholder, partner, or member is entitled. The DINO credit is available to owners, developers, and certain lessees of buildings located in an industrial recovery site that was brought into service at least 15 years ago. The building or complex of buildings must have been used, or designed and constructed for use, in the production, manufacturing, fabrication, assembly, processing, refining, finishing, or warehousing of tangible personal property, and must be at least 100,000 square feet and 75% vacant at the time an application for the credits is filed with the IEDC. The application must be approved before an investment is made. A qualified investment is made when the taxpayer incurs expenditures for the rehabilitation of real property located within an industrial recovery site. Rehabilitation expenditures include the remodeling, repair, betterment, enlargement, or extension of real property. Eligible costs may include: - Acquisition costs, when made to enlarge or extend the industrial recovery site; - Architectural and engineering fees; - Construction management and demolition costs; - Environmental remediation costs; - Non-movable furniture, fixtures, and equipment; - Permitting costs directly related to rehabilitation; and - Other hard costs. **Eligible costs do not include:** - Legal and accounting fees; - Developer fees; - Feasibility studies; - Property insurance; - Loan costs; - Other professional fees not related to property rehabilitation; - Reserves; - Moveable furniture, fixtures, and equipment; or - Other soft costs. It should also be noted that when evaluating the Indiana state tax credit programs, A taxpayer is not eligible for more than one of the following tax credits for the same project: - Industrial recovery tax credit (IRTC); - Community revitalization enhancement district tax credit (CReED); - Hoosier business investment tax credit (HBI); - Enterprise zone investment cost credit; or - Venture capital investment tax credit (VCI). For questions regarding state tax programs, contact the author [Richard E. Fox](https://www.barrettlaw.com/our-people/richard-e-fox) at [ref@barrettlaw.com](https://mailto:ref@barrettlaw.com) or directly at (260) 423-8913. [Click here to read the article on federal tax credit programs. ](https://www.barrettlaw.com/blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) # Federal Tax Credits & Distressed Communities | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities ##[Blog](https:///blog) [Back to Economic Development Financing](https:///blog/finance) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/finance/a-role-for-federal-tax-credits-in-the-redevelopment-of-economically-distressed-communities) #A Role For Federal Tax Credits In The Redevelopment Of Economically Distressed Communities Economic development, redevelopment, and rehabilitation of abandoned and/or distressed industrial and commercial sites as well as economically challenged and underserved communities is on the rise in Fort Wayne and elsewhere in the Northeast Indiana region. One of the major drivers of this welcome economic activity is the availability of federal and state tax credit programs that provide developers with needed financial assistance to support these often challenging and aggressive projects. This blog post discusses federal programs and a subsequent post will discuss the state programs. [Click here to ready about Indiana state tax credit programs. ](https://www.barrettlaw.com/blog/finance/a-role-for-state-tax-credits-in-the-redevelopment-of-economically-distressed-communities) ###Federal Tax Credit Programs ####New Markets Tax Credits The New Markets Tax Credit (NMTC) program was created under the Community Renewal and Tax Relief Act of 2000 and is designed to stimulate the economies of distressed urban and rural communities and create jobs in low-income communities by expanding the availability of credit, investment capital, and financial services. The NMTC program has been subject to reauthorization and was most recently extended in 2015 for a term of 5 years (2015-2019) at its current level of $3.5 billion annually. The program is administered by the Community Development Financial Institutions (CDFI) Fund within the U.S. Department of the Treasury. Tax credits are allocated through the CDFI Fund annually and are distributed to qualified Community Development Entities (CDEs).CDEs include a range of for-profit and non-profit organizations, such as community development corporations, CDFIs, organizations that administer community development venture capital funds or community loan funds, small business development corporations, specialized small business investment companies, and others. The City of Fort Wayne has created a CDE known as the Fort Wayne New Markets Revitalization Fund, LLC (FWNMRF). It was announced on February 13, 2018, that the CDFI Fund[awarded $3.5 billion in allocation authority to 73 CDEs](https://)[ ](https://www.novoco.com/sites/default/files/atoms/files/2017_nmtc_awards_book_021318.pdf)under the calendar year 2017 NMTC allocation round, which included a $55.0 million allocation to the FWNMRF CDE. Once a CDE receives an allocation of tax credits, the CDE can offer the tax credits to private-sector investors, including banks, insurance companies, corporations, and individuals. Investors acquire (using cash only) stock or capital interest in a subsidiary of the CDE (Sub‑CDE). The investor can gain a potential return for a “qualified equity investment” in the Sub‑CDE. The investor also receives a thirty-nine percent (39%) tax credit on the amount of the investment (total purchase price of the stock or capital interest). The credit is claimed over a seven-year period with a five percent (5%) credit annually during the first three years after purchase and a six percent (6%) credit annually during the final four years. Investors may not redeem their investments in CDEs prior to the conclusion of the seven-year period. Thus, for each $100,000 investment, an investor would realize $39,000 in tax credits over a seven-year period. In short, the CDE secures investors through the sale of stock or issuance of an equity interest in its Sub‑CDE in exchange for tax credits and then uses the resulting investor equity to make investments in low-income communities. In return for providing the tax credit to the investor, the CDE receives cash. The CDE through its Sub-CDE must invest “substantially all” of the cash proceeds into qualified low-income community investments (QLICIs). Eligible QLICIs include, but are not limited to, loans to or investments in businesses to be used for developing residential, commercial, industrial, and retail real estate projects. ####Historical Tax Credits Historic rehabilitation tax credits were adopted by Congress to discourage unnecessary demolition of sound older buildings and to slow the loss of businesses from older urban areas. The tax credits encourage private investment in the restoration and rehabilitation of historic properties. The National Park Service (NPS) administers the program in partnership with the Internal Revenue Service (IRS) and State Historic Preservation Offices (SHPOs). The credit was fixed at its current twenty percent (20%) rate in 1986 when Congress amended the federal tax code under President Ronald Reagan. At that time, rehabilitation work on older, non-certified structures built before 1936 qualified for a credit equal to ten percent (10%) of the cost of the work. [Public Law No: 115-97 (Tax Cuts and Jobs Act)](https://www.congress.gov/bill/115th-congress/house-bill/1), which was enacted at the end of 2017 and became effective January 1, 2018, modified the 20% Historic Rehabilitation Tax Credit (HTC), repealed the 10% tax credit for the rehabilitation of non-historic buildings, and provided transition rules for both credits. While the general rule was that the tax credit could be claimed in the year in which the rehabilitated building is placed back into service, The Tax Cuts and Jobs Act amended the statute to provide that the 20% credit for qualified rehabilitation expenditures with respect to a certified historic structure must be claimed ratably over 5 years, beginning in the taxable year in which a qualified rehabilitated structure is placed in service. The HTC allows developers and investors to take a credit of twenty percent (20%), ratably over 5 years, of the certified rehabilitation costs they incur in renovating historic, income-producing buildings that are determined by the Secretary of the Interior, through the NPS, to be “certified historic structures.”Such structures are identified as any building on the National Register of Historic Places or any building in a registered historic district that the government recognizes as significant to the district. The SHPOs and the NPS review the rehabilitation work to ensure that it complies with the [Secretary’s Standards for Rehabilitation](https://www.nps.gov/tps/standards/rehabilitation.htm). The Internal Revenue Service defines qualified rehabilitation expenses on which the credit may be taken. Projects that qualify encompass a wide range of properties and project types, including offices, hotels, retail stores, warehouses, factories, and rental housing. However, owner‑occupied residential properties do not qualify for the federal rehabilitation tax credit. Working in conjunction with SHPOs, the NPS must approve all rehabilitation projects seeking to use the HTC as a part of their financing. The rehabilitation must be consistent with the historic character of the property. Owners seeking to claim the HTC must complete a detailed application process and maintain certification throughout the rehabilitation work. As stated above, under the new Tax Cuts and Jobs Act, the owner can claim the HTC ratably over a five-year period. The owner of the building must maintain ownership of the building for five years after completing rehabilitation or be subject to a staggered recapture of the tax credit. In addition, a rehabilitation project must meet several IRS criteria to qualify for the tax credit: 1. The structure must be depreciable; 2. The rehabilitation must be “substantial,” defined as expenditures greater than $5,000; 3. The property must be returned to an income-producing use; and 4. The building must be maintained as a certified historic structure when returned to service. ####Low Income Housing Tax Credits The Low Income Housing Tax Credits (LIHTC) program was created under the Tax Reform Act of 1986 and made permanent in 1993. The LIHTC program is intended to provide incentives for the use of private equity in the development of affordable housing for low-income Americans. The program is administered at the state level. Each state receives an allocation of federal tax credits determined by a formula based on population. The 2018 Omnibus Appropriations Bill recently enacted by Congress and signed by President Trump would provide a twelve and one-half percent (12.5%) increase in LIHTC allocations, starting in 2018 and lasting until 2021. The new 2018 per-capita amount is $2.70 and the new small state minimum is $3,105,000. For 2019-2021, annual inflation adjustments would be applied to the new 2018 allocation amounts. Barring an extension, the LIHTC annual allocation in 2022 would revert to current law, adjusted for inflation. These credits are intended to ensure an attractive minimum rate of return on investments in low-income housing. The LIHTC program enables funding for the construction of new and rehabilitation of existing structures that will provide affordable housing by allowing a taxpayer to claim federal tax credits for the costs incurred during the development of affordable units in a rental housing project. The program authorizes state housing credit agencies to award nine-percent (9%) tax credits for projects receiving no other federal subsidy, and four percent (4%) credits for projects financed with tax-exempt bonds. Tax credits are available only to help cover the cost of units within qualified projects reserved for rental to low-income households and are used by developers to raise equity capital from investors through syndication for their projects. The equity capital generated from the tax credits prior to the start of a project lowers the debt burden on LIHTC projects, making it easier for owners to offer lower, more affordable rental rates. The nine-percent and four-percent tax credits are paid annually over a 10-year period. To qualify, a project must have at least 20 percent of its units rented to households whose incomes are at or below fifty percent (50%) of the area median income, or at least forty percent (40%) of its units rented to households whose incomes are at or below sixty percent (60%) of the area median income. In addition to the allocation cap increase mentioned above, the 2018 Omnibus Appropriations Bill includes a provision from the Affordable Housing Credit Improvement Act (AHCIA, S. 548, H.R. 1661) to create an [income-averaging option](https://www.novoco.com/notes-from-novogradac/income-averaging-offers-important-opportunities-provide-much-needed-affordable-rental-housing) in addition to the current low-income requirements. Currently, household incomes in LIHTC properties cannot exceed sixty percent (60%) of the area median income (AMI) at move-in. The maximum housing expense (rent, utilities, and required fees) is correspondingly restricted. This provision would allow certain apartments in a LIHTC property to be available to residents earning up to eighty percent (80%) of AMI, so long as the development-wide average is sixty percent (60%) or less. Allowing income averaging permits a broader mix of incomes and makes developing LIHTC properties attractive in places where it now is difficult, such as: - high housing cost areas, - sparsely populated low-income areas, where finding enough renters earning less than 60 percent of the AMI to justify the construction of new property is difficult, - low-income neighborhoods in need of revitalization, and - existing developments in need of preservation, but where tenant incomes have risen over the years. Development capital is raised by “syndicating” the LIHTC to an investor or a group of investors. As these credits are syndicated, developers obtain the equity capital necessary to build or rehabilitate structures for low-income housing. The LIHTC is allocated to investors annually over a 10-year period. For questions regarding federal tax programs, contact the author [Richard E. Fox](https://www.barrettlaw.com/our-people/richard-e-fox) at [ref@barrettlaw.com](https://mailto:ref@barrettlaw.com) or directly at [(260) 423-8913](https://tel:+12604238913). # Top Ten Questions to Ask your Litigation Lawyer | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/top-ten-questions-to-ask-your-lawyer-before-you-litigate ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/top-ten-questions-to-ask-your-lawyer-before-you-litigate) #Top Ten Questions to Ask your Lawyer before you Litigate You’ve opened the morning mail. It includes a certified letter. Inside you find a summons and complaint and, after reading it, you learn your company is being sued by a customer/former employee/competitor. You forward the documents to your old college roommate, who is now your lawyer and was the one who helped you file the documents to set up your company years ago. Your friend says he will take care of the suit, but $100,000 in legal fees later he is recommending six figures to settle a case you thought had no merit. What went wrong? For starters, turning over a lawsuit to a lawyer without litigation experience is not the best approach. Before retaining counsel for a litigation matter, ask these questions: ###1. Does your lawyer have trial experience? Does your lawyer have trial experience? If so, how many trials, bench trials, jury trials, administrative hearings and contested matters of any type has the lawyer handled and what is his or her winning percentage? If the lawyer has little experience or can’t seem to win, do you really want your business in that person’s hands? ###2. Ask for a litigation budget How much will this cost if you settle the case now and how much will it cost during the life of the lawsuit? ###3. Ask for a cost-benefit analysis What is the range of outcomes or exposure and what are the chances that they will happen? What is a likely success and what is the chance you’ll achieve that success? With this information, a budget, and monthly invoicing, you can reduce the financial surprise of litigation. Any experienced trial lawyer should be able to give you this information at the outset. ###4. What are the alternatives to a trial? Discuss the benefits of early mediation, which is a formal settlement process. Discuss the various types of arbitration, which is usually cheaper than a trial and is often quite effective, especially in business-related disputes. ###5. Preserve your defenses Discuss at the outset the defenses of personal jurisdiction and venue. Personal jurisdiction relates to limitations placed on the courts to protect you from being sued in a state where you have not done business. The venue question is similar and requires the court that has the most connection to the case or the parties to preside over the case. The venue and personal jurisdictional defenses, if not raised immediately, will be waived and you won’t be allowed to raise them at a later date. Most businesses are better off litigating on their home court. In one case, we were able to move the case from a federal court in Michigan to the federal court in Fort Wayne. We won the case on summary judgment by asserting and proving an arcane statutory defense, unique to Indiana and non-existent in Michigan. If we had been forced to litigate in Michigan with a judge who most likely was not familiar with the defense, summary judgment could have been next to impossible. Where the case is heard can be very important. ###6. Put your insurance carrier on notice Even if your general liability policy does not cover contract disputes, some provide coverage for claims based on trade secrets, defamation, environmental damage, software, and malware related claims, and other non-negligence type claims. Let the insurance company evaluate whether there is coverage, even if you believe there is none. While coverage may not be guaranteed, what is certain is that the failure to notify the insurance company of the suit in a timely fashion will jeopardize any coverage you may have had. ###**7. Put it in writing** Insist on an engagement letter with your litigation counsel, identifying the terms and conditions of the representation, the cost of and the scope of the work to be performed, and how billing will be handled. ###**8. Broadly check for conflicts** Make sure your counsel performs a conflict search not only to see if the firm represents the party who is suing you, but also to search for names of your competitors, suppliers, customers, or anyone else you might be uncomfortable having represented by the same firm representing you. While you still may want to use that firm, you can request that your attorney take precautions to segregate your information from other attorneys in the firm who represent those other clients with whom you may have a concern ###9. Preserve your evidence and ensure preservation by the other side Any business-related lawsuit will require you to preserve documents potentially relevant to the dispute. Make sure you discuss this with your counsel at the first meeting and make sure your counsel understands how to preserve your electronic documents and what the extent of the preservation will be. Your attorney should understand how your IT system works and any routine document destruction policies. You should also discuss sending preservation notices to the other side if you believe the other side may not be preserving documents needed for the litigation. ###10. Compatibility It is also advisable to spend some time with the attorney who will be handling the case. Have lunch. If it’s a lengthy proceeding, you want to know in advance if you’re going to be simpatico. Good luck. It’s crazy out there. Contact a member of [Barrett McNagny's Litigation Group](https://www.barrettlaw.com/practice-areas/litigation-services). Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Carta H. Robison](https:///our-people/carta-h-robison)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Residential Real Estate Seller Obligations | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law ##[Blog](https:///blog) [Back to Real Estate Law](https:///blog/real-estate) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/real-estate/seller-beware-understanding-the-obligations-of-a-seller-of-residential-real-estate-under-indiana-law) #Seller Beware: Understanding the Obligations of a Seller of Residential Real Estate under Indiana Law Over the last several years, we have seen an increase in the amount of litigation initiated by buyers against sellers of residential real estate. Much of this litigation involves a buyer alleging that a seller committed fraud by failing to fully disclose defects in the Seller’s Residential Real Estate Disclosure Form. While both buyers and sellers of residential real estate are becoming increasingly aware of the general requirement that a seller must truthfully fill out a Seller’s Residential Real Estate Disclosure Form when selling a residential property, buyers and sellers harbor some misunderstandings concerning when a seller is required to provide a buyer with a Seller’s Residential Real Estate Disclosure Form. Indiana Courts generally apply the rule of “caveat emptor,” or “buyer beware,” in connection with sales of residential real estate. This common law rule puts the burden on the buyer to conduct due diligence when purchasing a property and removes from the seller any obligation to voluntarily disclose conditions in the property. The Indiana General Assembly, however, through in Indiana Code § 32-21-5, has established one significant exception to the buyer beware rule. That exception takes the form of a Seller’s Residential Real Estate Disclosure Form, a document that, subject to certain exceptions detailed below, must be truthfully filled out by a seller of residential real estate in connection with the sale. A seller of residential real estate that fails to truthfully fill out a Seller’s Residential Real Estate Disclosure Form, based on his or her actual knowledge at the time of completing the same, is potentially liable for fraud. Further, given that the majority of purchase agreements used in connection with the sale of residential real estate contain a prevailing party attorney’s fees provision, a seller is potentially liable for not only actual damages but also the attorney’s fees incurred by a buyer in pursuing the fraud action against the seller. The general rule establishes that a seller must provide a buyer with a Seller’s Residential Real Estate Disclosure Form in the event of a sale, exchange of, an installment sales contract, or a lease with an option to buy residential real estate that contains not more than four residential units. There are some exceptions to the general rule, but those exceptions are fairly narrow. Exceptions include transfers of residential property in the administration of an estate, a foreclosure, or bankruptcy; transfers of one co-owner to another co-owner; and transfers to a spouse. Notably, there is no exception for the sale of a residential property by a seller that never lived in the home being sold. One other common misconception with respect to exempt transfers concerns the sale of a residential property where the buyer is purchasing the property “as is” and has waived his right to inspect the property. The Supreme Court of Indiana has held that such transfers are not exempt from the requirement of providing a buyer with a truthfully completed Seller’s Residential Real Estate Disclosure Form. In Johnson v. Wysocki, 990 N.E.2d 456 (Ind. 2003), the Indiana Supreme Court made clear that a seller’s affirmative duty to disclose any known material latent defects exists even when a buyer waives the right to inspection or signs an “As Is” Addendum. See id. at 464-66. In fact, the Indiana Supreme Court and the Indiana Court of Appeals, in cases such as Johnson and Boehringer v. Weber, 2 N.E.3d 807 (Ind. Ct. App. 2014), have recognized that fraudulent misrepresentation suits generally involve situations in which the buyer waived his right to an inspection or agreed to purchase property “as is.” In this respect, the courts recognize that reliance on a seller’s misrepresentation that there are no known material latent defects is precisely what induces a buyer to waive an inspection. See Johnson, 990 N.E.2d at 466; Boehringer at 812. The Supreme Court explained that “[t]he General Assembly has simply relieved the buyer of needing to initiate a specific inquiry in order to get honest disclosure about significant features of a purchase and, by the same token, it has forced the seller’s affirmative duty to initiate disclosure—and therefore full and honest disclosure—about those same features.” Johnson, 990 N.E.2d at 465. As detailed above, the exceptions to the general requirement that a seller of residential real estate must provide a buyer with a Seller’s Residential Real Estate Disclosure Form are very limited. Sellers of residential real estate and residential real estate brokers should be sure to familiarize themselves with the requirements of Ind. Code § 32-21-5 to prevent a situation where a seller incorrectly asserts that a sale of residential real estate is exempt from the same. For questions regarding the sale of a property, please contact the author [Mark Bains](https://www.barrettlaw.com/our-people/mark-h-bains) or a member of [Barrett McNagny's Real Estate Law team. ](https://www.barrettlaw.com/practice-areas/real-estate-law) Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| # Firm Attorneys in Indiana 2018 Super Lawyers | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2018 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2018) #Firm Attorneys Recognized in Indiana Super Lawyers Publication 2018 **Barrett McNagny ****LLP** is proud to announce its listing in Indiana Super Lawyers for 2018. The following attorneys were selected for inclusion in their respective practice areas: [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)** – **Alternative Dispute Resolution Thomas A. Herr** – **Business Litigation [Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice)** –** Medical Malpractice Defense [Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr)**– **Business Litigation [Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough)** – **Employment & Labor [Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy)** – **Business Litigation [James J. O’Connor, Jr.](https://www.barrettlaw.com/our-people/james-j-oconnor) – General Litigation [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey)** –** Civil Litigation: Defense [Cathleen M. Shrader](https://www.barrettlaw.com/our-people/cathleen-m-shrader)** – **Business Litigation [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites)** – **Employment & Labor The following attorneys were selected for inclusion as 2018 Indiana Rising Stars: [Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains)** – **Real Estate [Marcus A. Heminger](https://www.barrettlaw.com/our-people/marcus-a-heminger)– Securities & Corporate Finance [Super Lawyers](https://profiles.superlawyers.com/indiana/ft-wayne/lawfirm/barrett-mcnagny-llp/52ad8430-b82c-4460-9ef6-3edabff2e44b.html) is a Thomson Reuters business and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. # Day-to-day Practices to Promote Litigation Success | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/day-to-day-practices-to-promote-litigation-success ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/day-to-day-practices-to-promote-litigation-success) #Day-to-day Practices to Promote Litigation Success Most people avoid litigation like the plague, and for good reason. Litigation can be expensive and risky. We lawyers are pretty cool people, but, let’s face it, you only want to spend so much time with us. Even though you may have a thoughtful and well-intentioned aversion to litigation, you still could find yourself in a lawsuit, forced to resolve an important issue in your life through the courts. After more than fifteen years of representing people and business in litigation, I’ve identified the following tips that I believe will help you realize the best possible outcome in your case. Winning is never guaranteed, but your odds improve significantly if you’ve done your homework along the way. ###1. “Document” is a verb A sound personal and business practice is to document things as they unfold. To win a case, you must be able to recreate a series of events in a way that supports your position. In fact, sometimes the party who best preserved history wins. You may have done everything right, but if you have no way of recalling what you did or proving it, those correct decisions may not lead to the result you wish. So, tip number one: preserve important moments and decisions in your life and business so that you can prove what happened and when. Write it down, type it up, or snap a photograph of a document or thing. This may sound tedious or burdensome, but in this era of digital technology, it is not. You can use cell phones, email, and digital cameras to capture data and hold it indefinitely. Develop a habit of preserving documents, images, messages, and conversations that you think might be important down the road. Once you master the learning curve of understanding the technology available to you, the rest of the process is quite manageable and can become conveniently habitual. ###**2. Know your responsibilities** As a general matter, you are held to two sets of obligations under the law: those created by the law and those created by you through your agreements (“contracts”) with others. Knowing this, make it a practice of putting every agreement you make in writing, and keeping a signed copy of that writing a few keystrokes away. Putting your agreements into writing eliminates most disputes about what the agreement was, and written agreements are far easier to litigate than oral agreements (keeping in mind that some agreements aren’t even enforceable unless they are put into writing—a topic for another blog post). Then, if and when any dispute arises, all you need do is pull out your agreements and immediately evaluate your commitments and entitlements under the document. In litigation, a judge or jury is required to enforce an agreement as the parties formulated it, so your agreements should guide your course as you contemplate your position. ###**3. Act reasonably** As mentioned above, in addition to the agreements you make, the law requires you to act in a particular way at times. In most instances, you are required by law to act reasonably—to do what a thoughtful, reasonable, prudent person would do under those circumstances. So, if you are unsure how to proceed, evaluate your situation and determine what a thoughtful, reasonable, prudent approach would be—one that those thoughtful responsible people you admire would choose. The easiest positions to defend are ones that most people would have chosen. ###**4. Clean up messes** There are times when a single event or choice can have catastrophic effects. In those times, particularly when that event or choice was caused entirely by another person, you may have the desire to walk away from the mess and move toward litigation. However, the law requires you to mitigate any harm caused by another person—to make the best of a situation and to salvage whatever you can. Sometimes that isn’t reasonable or affordable, but the law doesn’t allow you to sit back and do nothing. If a faulty piece of equipment causes a refrigerated warehouse to get warm, even if you did nothing wrong, you can’t let an entire warehouse full of food go bad if you could have salvaged its contents. ###**5. Make timely, sound legal decisions** And finally, there will be a point at which important legal decisions need to be made. Sometimes those decisions are how to advance strategically. Sometimes those decisions are about how to retreat. And sometimes those decisions are about litigation strategy—whether to file a lawsuit, when to file a lawsuit, where to file a lawsuit, and who should be involved in a lawsuit. These decisions require thoughtful deliberation, and they must be timely in order to have their greatest value. Be attentive to those moments. Watch for them, and act when needed. These five things may sound simple, but you would be amazed at how far these five tips can take you in litigation. You also would be amazed at how often people fail at these tasks and the sometimes ruinous consequences that can result. For more information contact a member of Barrett McNagny's [Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services) group. Tagged Attorneys [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| # Tax Cuts and Jobs Act of 2017 and Estate Planning | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/tax-cuts-and-jobs-act-of-2017-and-estate-planning ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/tax-cuts-and-jobs-act-of-2017-and-estate-planning) #Tax Cuts and Jobs Act of 2017 and Estate Planning On December 22, 2017, the President signed the Tax Cuts and Jobs Act of 2017 (the “Act”), which has significant effect on federal tax laws. Highlights include the modification of individual and corporate tax rates, the application of a deduction to qualified flow-through business income, and the doubling of the estate tax exemption amount, the last of which is the focus of this article. Many of the provisions of the Act are temporary, with application from 2018 through 2025, at which time the provisions revert to the law in place in 2017. With regard to the estate tax modifications, the Act retains the estate tax but doubles the exemption amount for federal estate and generation-skipping taxes to $10,000,000 per person, indexed for inflation. For 2018, this inflation-adjusted amount is expected to equal approximately $11,200,000 per person. The Act does not affect the “portability” of a decedent’s exemption amount, and therefore a decedent may pass his or her unused exemption amount to his or her spouse, allowing a married couple to utilize both of their exemption amounts, or approximately $22,400,000 in 2018 to avoid estate tax. The Act also doubles the gift tax exemption to $10,000,000 per person, indexed for inflation, providing opportunities for wealthy clients to avoid gift, estate, and generation-skipping taxes by making significant gifts. While not part of the Act, you should also be aware that the annual exclusion from gift tax has increased to $15,000 per person for gifts made in 2018. As a result of the changes, you should consider your estate plan and the Act’s effect on it. The doubling of the estate tax exemption may particularly affect certain plans where the estate tax exemption amount determines the amount of assets to pass to specific beneficiaries (or trusts for specific beneficiaries). For example, each of the following circumstances will be greatly affected by this increased estate tax exemption amount: 1. **Generation-skipping tax planning**. Plans in which assets equal to the generation-skipping tax exemption amount pass to one or more trusts for the benefit of the individuals' grandchildren or to a trust for the benefit of the individuals' children for their lifetimes, with ultimate distribution to the grandchildren. As a result of the doubling of the estate tax exemption amount, such a plan could result in the first $22,400,000 of assets passing into such trusts, with the potential to leave no assets remaining for outright distribution to the individuals' children. 1. **Marital trust planning**. Plans in which, upon the first death, assets equal to the estate tax exemption amount pass outright to the individuals’ children or to a Family Trust to be held solely for the benefit of the individuals' children or more remote descendants, while the excess assets over the estate tax exemption amount pass to a Marital Trust to be held for the surviving spouse’s benefit. As a result of the doubling of the estate tax exemption amount, such a plan could result in the first $11,200,000 of assets passing into a Family Trust solely for the children’s benefit, with the potential to leave no assets to or for the surviving spouse. 1. **Charitable planning**. Plans in which, upon the second death, assets equal to the estate tax exemption amount pass outright to the individuals' children or other family members or to a Family Trust to be held for the benefit of the children or more remote descendants, while the excess of a assets over the estate tax exemption amount pass to one or more charities. As a result of the doubling of the estate tax exemption amount, such a plan could result in the first $22,400,000 of the assets passing into a Family Trust for the benefit of the individuals’ children and other family members, with the potential to leave no assets remaining to pass to the charities. 1. **Irrevocable trusts and capital gains tax planning**. Plans in which irrevocable trusts were previously utilized to remove assets from an individual's estate (or established at the first spouse’s death) to take advantage of gift or estate tax strategies or shelter anticipated appreciation of the asset. As a result of the doubling of the estate tax exemption amount, the exclusion of an asset held in an irrevocable trust from an individual’s estate may no longer be necessary. It may be possible to subject low-basis assets held in such an irrevocable trust to estate tax. The low-basis assets will then qualify for a basis step-up (increase) at the individual’s death potentially eliminating significant capital gains tax. Please keep in mind that these examples are but a few situations that are affected by the provisions of the Act. A detailed review of an individual's specific estate plan is required to determine the effect the Act will have on that plan. If you have any questions regarding how or whether the Act will affect your estate plan please contact a member of [Barrett McNagny's Estate Planning Group.](https://www.barrettlaw.com/practice-areas/estate-planning) # Mortgagee Beware | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/financial-institutions/mortgagee-beware ##[Blog](https:///blog) [Back to Financial Institutions](https:///blog/business-and-corporate-law/financial-institutions) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/financial-institutions/mortgagee-beware) #Mortgagee Beware In Indiana, a mortgage generally expires ten years after its maturity date – the date on which the last installment of the debt secured by the mortgage becomes due. However, when information respecting the maturity date is missing from the documents on file with the county recorder’s office, the time a mortgagee can bring a foreclosure action on the mortgage can be greatly reduced. On July 1, 2012, Indiana mortgage law was amended to cut in half the automatic expiration time for recorded mortgages that lack information respecting the maturity date. ![](https:///Data/Accounts/Files/1/15f5e5c3595ea6d52b4a4eb06b076fb2-house-ge231d9a93_640.jpg) In the event the mortgage or related information on file with the local recorder does not show the maturity date but shows the date on which the mortgage was executed, the mortgage automatically expires ten years after the date on which the mortgage was executed. Ind. Code § 32-28-4-2(a). If both the maturity date and the date of execution are missing, the mortgage automatically expires ten years after the date on which the mortgage was recorded. Ind. Code § 32-28-4-2(b). For mortgages executed before July 1, 2012, the automatic expiration period is twenty years. The consequences for not having the maturity date in the mortgage or otherwise of record can be severe. Consider a Borrower on a $5,000,000 twenty-year term loan, secured by a mortgage dated in 2013, who defaults in year 11 of the loan. If the required information is not of record, the lender will find itself unsecured. This law affects most mortgages in a lender’s portfolio. If the lender has not already done so, it should audit its mortgages to ensure that the requisite information about the maturity date of the loan is of record. If the required information is not of record, the “fix” is relatively simple. An affidavit needs to be filed with the recorder of the county where the mortgage is recorded specifying the date when the final payment secured by the mortgage is due. The deadline for taking such corrective action is ten years after the date the mortgage was executed (if the mortgage contains the date of execution) or ten years after the mortgage was recorded (if the mortgage does not contain the date of execution). For questions please contact a member of [Barrett McNagny’s Financial Institutions group](https://www.barrettlaw.com/practice-areas/financial-institutions). **About the Author: **[Michael P. O’Hara](https:///our-people/michael-p-ohara) A partner with Barrett McNagny, Michael P. O’Hara works with clients in the areas of corporate law, business transactions, finance, and creditors’ rights. He is an AV® Preeminent™ rated attorney based on Martindale-Hubbell's peer review ratings and was selected for inclusion in The Best Lawyers® in America 2016, 2017 and 2018 publications. He can be reached directly at [(260) 423-8838](https://tel:+12604238838) or via email at [mpo@barrettlaw.com](https://mailto:mpo@barrettlaw.com). Tagged Attorneys [Michael P. O'Hara](https:///our-people/michael-p-ohara)| # Interns & the Fair Labor Standards Act | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/us-department-of-labor-clarifies-when-interns-working-at-for-profit-employers-are-subject-to-the-fair-labor-standards-act ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/us-department-of-labor-clarifies-when-interns-working-at-for-profit-employers-are-subject-to-the-fair-labor-standards-act) #U.S. Department of Labor Clarifies when Interns Working at For-Profit Employers Are Subject to the Fair Labor Standards Act On December 19, 2017, the United States Court of Appeals for the Ninth Circuit became the fourth federal appellate court expressly to reject the U.S. Department of Labor’s (DOL) six-part test for determining whether interns and students are employees under the Fair Labor Standards Act (FLSA). The DOL had previously published a six-part test in 2010. Under that test, an intern would be considered an employee unless all of the six factors were met. The Second Circuit was the first to reject the DOL’s test in 2015, opting for a non-exhaustive set of seven factors to consider in what it termed the “primary beneficiary test.” Following the Ninth Circuit’s decision adopting the primary beneficiary test, on January 5, 2018, the DOL posted a release on its website indicating that going forward, the DOL would also use the primary beneficiary test to determine whether interns are employees under the FLSA. The DOL also advised that its Wage and Hour Division would update its enforcement policies to align with recent case law, eliminate unnecessary confusion among the regulated community, and provide the Division’s investigators with increased flexibility to holistically analyze internships on a case-by-case basis. The non-exhaustive seven-factor primary beneficiary test used to evaluate whether interns and students should be treated as employees considers the following: 1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee – and vice versa. 1. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions. 1. The extent to which the internship is tied to the intern’s formal education program by integrated course work or the receipt of academic credit. 1. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar. 1. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning. 1. The extent to which the intern’s work compliments, rather than displaces, the work of paid employees while providing significant educational benefits to the intern. 1. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship. As the Second Circuit held, these factors require a “weighing and balancing of all of the circumstances. No one factor is dispositive and every factor need not point in the same direction for the court to conclude that the intern is not an employee entitled to the minimum wage.” Glatt v. Fox Searchlight Pictures, Inc., 811 F.3d 528, 537 (2d Cir. 2016). If you have questions please contact a member of [Barrett McNagny's Labor and Employment group](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law). # Barrett McNagny LLP Named in 2018 "Best Law Firms" Rankings Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2018-best-law-firms-rankings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2018-best-law-firms-rankings) # Barrett McNagny LLP Listed in 2018 “Best Law Firms” Rankings ![](https:///Data/Accounts/Files/1/9288a940f28e1927f495849f48167c62-BMEmblem.jpg)**Barrett McNagny ****LLP** is proud to announce that the firm was ranked in the 2018 “Best Law Firms” rankings by **U.S. News Media Group** and **Best Lawyers®**. The firm was recognized for its first-tier ranking in the Fort Wayne area in the following practice areas: -Commercial Litigation -Corporate Law -Employee Benefits (ERISA) Law -Labor Law – Management -Real Estate Law -Trusts and Estates Law These rankings showcased less than 10,000 law firms across the country. Firms were often separated by small or insignificant differences in overall score, so a tiering system, rather than a sequential system is used. The first tier ranking includes those firms that scored within a certain percentage of the highest-scoring firm(s); the second tier, those firms that scored within a certain percentage of the next highest scoring firm(s), etc. The number of tiers included in each practice area or metropolitan area varies. [Click here to view the law firms profile on Best Lawyers. ](https://www.bestlawyers.com/firms/barrett-mcnagny-llp/7907/US) **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found at [www.bestlawyers.com](https://http://www.bestlawyers.com). # Common Estate Planning Questions | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/estate-planning-and-administration/common-estate-planning-questions ##[Blog](https:///blog) [Back to Estate Planning & Administration](https:///blog/estate-planning-and-administration) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/estate-planning-and-administration/common-estate-planning-questions) #Common Estate Planning Questions Although an estate plan is customized to fit each individual’s circumstances, a few questions are common to almost every plan and important to consider with an estate planning attorney. The preparation of your estate plan should include at least some consideration of the following issues. ![](https:///Data/Accounts/Files/1/89cf452c5d875cdefdfc28be6293d6db-pexels-photo-58457.jpeg)** ** ##Should I Avoid Probate? Generally, the probate process involves administering a decedent’s assets. This can include collecting debts owed to the estate or gathering assets, paying final expenses and claims, and making distributions as provided by a will or statute. Indiana law provides for two types of probate proceedings, supervised and unsupervised. The supervised probate process requires more involvement of the Court and filings are not required in the unsupervised process. The unsupervised probate process requires little Court involvement and provides latitude to the personal representative to administer the estate with little supervision. In most cases, unsupervised probate will result in more efficient administration. Probate can be avoided altogether through an estate plan that involves a trust. In determining whether to use a trust to avoid probate, common concerns include privacy, the cost of administration, and the time required for administration. A trust typically provides a greater level of privacy than a will, however, it is important to keep in mind that a will typically does not provide detailed information on the value of assets or the amount a beneficiary is to receive from the estate. From a cost perspective, the administration of an unsupervised probate estate likely results in costs similar to that of a trust administration, especially when considering the up-front costs of preparing a trust agreement and funding the trust with assets. A trust is usually slightly to moderately faster to administer than a probated estate, however, it is not uncommon for an unsupervised probate estate to take as little time to administer as a trust. An estate planning attorney can help you decide whether avoiding probate through a trust makes sense for your individualized circumstances. ##What Taxes Will My Estate or Children Have to Pay When I Die? As a result of the enacted Tax Cuts and Jobs Act, the federal estate exemption for an individual who dies in 2018 is approximately $11,200,000. The new legislation did not affect the “portability” of a decedent’s unused exemption, and therefore a married couple may utilize both spouses’ exemptions, resulting in a total exemption amount for the couple of $22,400,000. In addition, the Indiana legislature repealed the inheritance tax in 2013. As a result, the vast majority of individuals need not be concerned about “death taxes.” ##Who Will Raise My Minor Children? This is a difficult topic that individuals and couples with children under the age of eighteen (18) must consider. Reluctance to face this difficult question can, and often does, result in delay in preparing an estate plan until it is no longer an issue. However, failing to express your wishes about who will raise your children leaves the decision in the hands of a judge, who will be tasked with deciding what is in the best interest of your child with little or no knowledge of your child or your family. ##Who Will Handle My Estate When I Die? In Indiana, a personal representative is appointed by the probate Court in which your estate is administered. The personal representative is charged with the duties of administering your estate. You can specify who you wish to serve as your personal representative. An estate planning attorney can help you decide whether, and who, to specify. ##Who Will Control the Money I Leave for My Children and/or Grandchildren? There are a few vehicles that you can, with the help of an estate planning attorney, use to influence how the money you leave for your children or grandchildren is kept and managed until they are old enough to take possession themselves. In a custodial account, for example, a custodian is appointed to oversee the investment and distribution of account assets until the minor child attains the age of either eighteen or twenty-one, as specified in your will. Alternatively, you can create a trust to hold the assets for a minor child. A trust provides more flexibility than a custodial account, allowing you to provide a trustee with directions as to the distribution and use of the assets in the trust. For example, although you might want distribution to occur upon the child’s attaining age thirty (30), you can make specific exceptions for distributions before that time for the child’s health, support, and education, or for specific anticipated expenses you specify, like the purchase of a vehicle or the down payment for a house. ##What Happens if All of the Members of My Family Die in a Common Accident? With the help of an estate planning attorney, you can provide for the risk of a tragic circumstance where your entire family perishes in a common accident or your descendants do not survive the final distribution of all your assets. You may wish to consider the distribution of your assets among more remote family members, such as parents, siblings, and nieces and nephews. You may also consider charitable organizations, such as a local or national nonprofit organization that provides services for which you have a passion. If you have additional estate planning questions, please contact a member of Barrett McNagny's[Estate Planning and Administration section](https://www.barrettlaw.com/practice-areas/estate-planning). *** The author [Philip A. Wagler](https://www.barrettlaw.com/our-people/philip-a-wagler) concentrates his practice in the areas of [Corporate and Business Law](https://www.barrettlaw.com/practice-areas/business-law), [Estate Planning and Administration](https://www.barrettlaw.com/practice-areas/estate-planning), and [Tax Law and Taxation](https://www.barrettlaw.com/practice-areas/tax-law-and-taxation). # ​The Health Care Peer Review Process | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/health-care/the-health-care-peer-review-process ##[Blog](https:///blog) [Back to Health Care Law](https:///blog/health-care) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/health-care/the-health-care-peer-review-process) #​The Health Care Peer Review Process ### **Introduction** Hospitals, physician groups, and medical offices of all sizes can (and should) use a peer review process to address and improve patient care. The Legislature has recognized the importance of the peer review process through statutes that prevent dissatisfied patients from using well-intentioned reviews to advance medical malpractice suits. However, to keep internal investigations or reviews protected from disclosure, organizations must follow certain procedures. Otherwise, malpractice plaintiffs’ attorneys will turn efforts to improve patient care against health care providers. ### **What Is A Peer Review Committee?** A peer review committee evaluates health care providers’ qualifications, patient care, the merits of complaints against a health care provider, and the reasonableness of services, procedures, and facilities, [1] The committee must be organized in compliance with statutory requirements, and at least half of the committee members must be individual health care providers or a hospital’s governing board. [2] ### **What Is Protected?** In general, all peer review committee proceedings and all communications made to the committee are confidential (except with respect to a provider’s disciplinary authority and licensing or medical boards) and not admissible as evidence in Indiana state courts. [3] This protection extends to opinions of committee members, discussions among members, documents created during deliberations, determinations of the committee, and the peer review process itself. [4] These protected discussions include informal and private discussions of peer review committee members and notes of the proceedings. [5] The only generally unprotected aspect of the peer review process is the final action. [6] In other words, what a committee decides is public, but how or why it reached its conclusion is private. ###**What is not protected?** #### A. Information available elsewhere Although information generated by the peer review committee is protected, information cannot be protected simply by providing it to the peer review committee. [7] That is, information that is used or reviewed by a peer review committee but is also available elsewhere, does not gain protection because a peer review committee reviews it. [8] #### B. Federal lawsuits If a plaintiff finds an avenue to bring a claim in federal court (e.g., antitrust or civil rights claims), the Indiana statutes rendering peer review materials confidential may not apply. [9] Most medical malpractice plaintiffs must file their claims in state court, so the federal law exceptions should not serve as a significant deterrent to conducting a peer review process in a typical case. However, before reviewing a matter that may have implications that extend beyond ordinary medical malpractice, an organization should consult with its attorney to assess the risk of the process becoming public. ####C. Limited exceptions outside of federal court Although the statutory privilege protects all statements made within the peer review process, [10] the privilege does not extend to statements that bear no relation to the purposes of the peer review committee. [11] For example, discussions relating to contractual relationships with physicians that are unrelated to the provider’s qualifications, patient care, or use of services, procedures, or facilities, have no protection. [12] If the peer review committee commits fraud or a crime, the privilege will not attach. [13] However, a person may not obtain access to peer review records by making an unsupported allegation of criminal or fraudulent activity. [14] Instead, a person must come forth with evidence supporting his or her allegation before the protections of privilege and confidentiality will cease. [15] The Attorney General may obtain records from the peer review committee to further an investigation into an alleged violation of the Health Professions Standards of Practice as long as the records are not communications to, records of, or determinations of a peer review committee.[16] ####D. Individual health care providers’ rights to review their own proceedings. When a hospital brings charges against a health care provider, that provider is entitled to an evidentiary hearing before a peer review committee and an appeal to the hospital’s governing board. [17] A health care provider who is under investigation may see records gathered by a peer review committee relating to that provider’s practice. [18] ### **IV. Conclusion** Although the Indiana General Assembly has provided important protections that allow health care organizations to conduct a peer review process that focuses on the betterment of patient care without fear of retaliation, health care providers must understand the requirements of the statutes to take advantage of their protections. Therefore, providers should not only take the time to review their general peer review practices but also consult their attorney when situations arise in which litigation appears likely. *** [1] Ind. Code § 34-6-2-44 (defining “evaluation of patient care”); Ind. Code § 34-6-2-99(a)(1) (defining “peer review committee”); Mulder v. Vankersen, 637 N.E.2d 1335, 1338 (Ind. Ct. App. 1994) (discussing predecessor statute), trans. denied; Cmty. Hosps. of Indianapolis, Inc. v. Medtronic, Inc., Neuro Div., 594 N.E.2d 448, 452 (Ind. Ct. App. 1992). [2] Ind. Code § 34-6-2-99(b)(2)(B); Mulder, 637 N.E.2d at 1338. [3] Ind. Code § 34-30-15-1(a), (b); Parkview Mem’l Hosp., Inc. v. Pepple, 483 N.E.2d 469, 470 (Ind. Ct. App. 1985), trans. denied. [4] Linton v. Davis, 887 N.E.2d 960, 969 (Ind. Ct. App. 2008), trans. denied; Fridono v. Chuman, 747 N.E.2d 610, 618-19 (Ind. Ct. App. 2001), trans. denied; Frank v. Trustees of Orange County Hosp., 530 N.E.2d 135, 137 (Ind. Ct. App. 1988). [5] Mulder, 637 N.E.2d at 1339; Ray v. St. John’s Health Care Corp., 582 N.E.2d 464, 471 (Ind. Ct. App. 1991), trans. denied. [6] Linton, 887 N.E.2d at 969. [7] Fridono v. Chuman, 747 N.E.2d 610, 616 n.9 (Ind. Ct. App. 2001) (“Hospital may not insulate itself from judicial review simply by stamping the words ‘Privileged Peer Review Material’ on its files.” (quoting Ray v. St. John’s Health Care Corp., 582 N.E.2d 464, 474 (Ind. Ct. App. 1991), trans. denied)), trans. denied. [8] Ind. Code § 34-30-15-3(a); Terre Haute Reg’l Hosp., Inc. v. Basden, 524 N.E.2d 1306, 1312 n.4 (Ind. Ct. App. 1988). [9] Lisa Nijmal, Pitfalls of Peer Review, 24 J. Legal Med. 541, 542 (2003); Lewis v. County of Henry, 2006 WL 1843336 at *2 (S.D. Ind. 2006); Mattice v. Mem’l Hosp. of S. Bend, 203 F.R.D. 381, 385 (N.D. Ind. 2001); United States ex rel. Roberts v. QHG of Indiana, Inc., 1999 WL 33243495 at *4 (N.D. Ind. 1999); Schafer v. Parkview Mem’l Hosp., Inc., 593 F.Supp. 61, 65-66 (N.D. Ind. 1984). [10] Frank, 530 N.E.2d at 138 [11] Ray, 582 N.E.2d at 472. [12] Ray, 582 N.E.2d at 473. [13] Terre Haute Reg’l Hosp., Inc. v. Basden, 524 N.E.2d 1306, 1310 (Ind. Ct. App. 1988). [14] Basden, 524 N.E.2d at 1310. [15] Basden, 524 N.E.2d at 1310. [16] Ind. Code § 34-30-15-2. [17] Ind. Code § 34-30-15-5(b). [18] Ind. Code § 34-30-15-4(a); Frank, 530 N.E.2d at 138. *** Mr. Ramsey concentrates his practice in the areas of: [Appellate Law](https://www.barrettlaw.com/practice-areas/appellate-law), [Health Care Law](https://www.barrettlaw.com/practice-areas/health-care-law), [Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services), and [Medical Malpractice Defense](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense). Tagged Attorneys [William A. Ramsey](https:///our-people/william-a-ramsey)| # A Business Can Be Found Guilty of Discrimination | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/a-business-can-be-found-guilty-of-discrimination-even-when-the-same-person-who-hires-an-employee-fires-that-employee ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/a-business-can-be-found-guilty-of-discrimination-even-when-the-same-person-who-hires-an-employee-fires-that-employee) #A Business Can Be Found Guilty of Discrimination Even When the Same Person Who Hires an Employee Fires that Employee When it comes to discrimination in the workplace, employers sometimes ask themselves, “How could a decision to fire an employee be biased when the same supervisor made the decision to hire the employee?” Stated differently, “If we intended to discriminate, we would not have hired the individual in the first place. Shouldn’t the fact that we hired the individual be enough to show that the later decision to fire that individual was not motivated by bias? Isn’t this an open-and-shut case?” Recently, the Seventh Circuit Court of Appeals answered that question and addressed a common misunderstanding concerning evidence in discrimination cases and the appropriate standard at summary judgment. In McKinney v. Office of Sheriff of Whitley County, No. 16-4131, 2017 WL 3389370 (7th Cir. Aug. 8, 2017), the sheriff hired, and later fired, the first African-American police officer employed by Whitley County. The plaintiff filed suit against his former employer, alleging race discrimination. The sheriff moved for summary judgment, which the trial court granted, but the Seventh Circuit Court of Appeals reversed, finding that the trial court had applied the incorrect standard and that the plaintiff’s evidence was sufficient to survive summary judgment. Although the opinion has several interesting aspects, the most important part of the decision involves the Court’s discussion of the “common actor” inference and the common misimpression by employers, and some attorneys, that think nondiscrimination should be conclusively established when a supervisor fires an employee after previously making an unbiased decision to hire that employee. “The common actor inference says it is reasonable to assume that if a person was unbiased at Time A (when he decided to hire the plaintiff), he was also unbiased at Time B (when he fired the plaintiff).” Perez v. Thorntons, Inc., 731 F.3d 699, 710 (7th Cir. 2013). However, it is only an inference and the Seventh Circuit “clarified that this inference is not a conclusive presumption and that it should be considered by the ultimate trier of fact rather than on summary judgment or the pleadings.” McKinney, at *9 (citation omitted). The Seventh Circuit made clear that the common actor inference is not relevant to any determination at the summary judgment stage of litigation. Employers, often eager to prevail at summary judgment, should, therefore, be careful to note the difference between a presumption and an inference. Under the burden-shifting framework in which the Courts handle discrimination claims, a party meeting a burden may receive a presumption in its favor (at least until the other side meets its own burden). However, inferences are of less value and do not shift a burden or establish anything as a matter of law. A jury may consider evidence and infer that the same supervisor who was unbiased when hiring a person was also unbiased in firing that person. However, whether to make that inference and how much weight to give it, are pure questions of fact for the jury to decide at trial. The Court gave a few examples of situations in which discrimination could occur despite the same supervisor hiring and firing the employee. The same supervisor may fill the position quickly to meet an urgent need, and once that urgent need is gone, could fire the employee due to unlawful bias. The same supervisor could both hire a woman and then refuse to promote her for discriminatory reasons or fire her because she became pregnant. Or, as the Court found in McKinney, the same supervisor could hire the county’s first African-American police officer, hoping that there would be no friction in the workplace, but upon discovering that other officers would not accept their new African-American colleague, fire the African-American officer because of his race based on the mistaken notion of the “greater good” of the department. Id. at *10. Thus, evidence that a supervisor made an unbiased decision to hire an employee is not conclusive as to whether any bias, prejudice, or discriminatory intent occurred during that supervisor’s termination of the employee. Whenever possible, employers should consult counsel before making sensitive employment decisions involving employees in protected classes. As you can see, relying upon the common actor defense may prove to be not enough. # New I-9 Form Effective September 18, 2017 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/new-i-9-form-effective-september-18-2017 ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/new-i-9-form-effective-september-18-2017) #New I-9 Form Effective September 18, 2017 The U.S. Citizenship and Immigration Services (USCIS) is requiring the use of a new I-9 Form effective September 18, 2017.[Review the new form](https://www.barrettlaw.com/Data/Accounts/Files/1/i-9-paper-version.pdf) (dated 07/17/17). If you have any questions, please feel free to review the [USCIS website](https://www.uscis.gov/i-9) or contact a member of Barrett McNagny's [Labor and Employment Group](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law). Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Best Lawyers® in America Recognizes Attorneys | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/best-lawyers-in-america-recognizes-attorneys ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/best-lawyers-in-america-recognizes-attorneys) #Best Lawyers® in America Recognizes Attorneys **Barrett McNagny ****LLP** is proud to announce that four firm attorneys were selected by their peers for inclusion in **The Best Lawyers in America® 2018 **as “Lawyer of the Year” in their respective practice areas. [Robert T. Keen](https://www.barrettlaw.com/our-people/robert-t-keen-jr) was selected “Lawyer of the Year,” Fort Wayne, in the area of Litigation – Labor and Employment. [Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Litigation – Insurance. [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) was selected as “Lawyer of the Year,” Fort Wayne, in the area of Employment Law – Management. **Robert S. Walters** was selected as “Lawyer of the Year,” Fort Wayne, in the area of Corporate Law. They received this distinction based upon peer ratings. Only a single lawyer in each practice area in each community annually is honored as a “Lawyer of the Year.” **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found [on their website](https://www.bestlawyers.com/). Tagged Attorneys [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # State and Federal Employment Law Coverage | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/thresholds-for-state-and-federal-employment-law-coverage ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/thresholds-for-state-and-federal-employment-law-coverage) #Thresholds for State and Federal Employment Law Coverage Businesses must follow different state and federal employment laws based on the number of employees. This can be confusing, as different laws have different thresholds. Below is a listing of the thresholds for each applicable state and federal law. ## State - Unemployment = 1 employee - Worker’s Compensation = 1 employee - State minimum wage = 2 employees - Indiana Civil Rights (Ind. Code 22-9 et seq.) = 6 employees - Age and disability discrimination ## Federal - Social Security = 1 employee - OHSA = 1 employee - Federal Minimum Wage = 1 employee - Civil Rights (Title VII) = 15 employees - Americans with Disabilities Act (ADA) = 15 employees - Age Discrimination = 20 employees - COBRA (Health Insurance Extension) = 20 employees - Family Leave (under the Family Medical Leave Act) = 50 employees Business owners and human resource professionals should keep this list readily available. As a business grows or contracts it will need to be mindful of the applicable state and federal laws that apply to the business. [Click here for a downloadable .pdf chart of the thresholds](https://www.barrettlaw.com/Data/Accounts/Files/1/EmploymentLawThresholdsChart.pdf). For more information about Employment Law coverage, contact a member of the [Labor & Employment group](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) at Barrett McNagny. # Impermissible Reaffirmation Or New Guaranty? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/impermissible-reaffirmation-or-new-guaranty ##[Blog](https:///blog) [Back to Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/impermissible-reaffirmation-or-new-guaranty) #Impermissible Reaffirmation Or New Guaranty? Consider these facts: The sole shareholder (“Shareholder”) of the Borrower signs a personal guaranty for his Company’s loan. Due to circumstances unrelated to the Company, the Shareholder files for bankruptcy, eventually receiving a Chapter 7 discharge. Years later, the Company runs into financial difficulties and asks its Lender for forbearance terms. Under the terms of a negotiated Forbearance Agreement, the Shareholder agrees to execute a new guaranty for the Company’s obligations. The new guaranty executed by Shareholder as part of the Forbearance Agreement may not be enforceable. Arguably, the debt guaranteed was discharged in the Shareholder’s earlier bankruptcy, and the new guaranty could be interpreted as a “reaffirmation” of the old indebtedness - requiring compliance with Section 524(c) of the Bankruptcy Code to be enforceable. Moreover, since the new guaranty was induced by acts of the Lender, the Lender may have violated the Shareholder’s bankruptcy discharge injunction exposing the Lender to liability. This is a reminder for Lenders to consider the impacts Bankruptcy filings of guarantors have, not only on the immediate collectability of the original obligations but on the enforceability of any future debts arising out of the same transaction. For more information contact a member of the [Bankruptcy and Creditors' Rights group](https://www.barrettlaw.com/practice-areas/bankruptcy-and-creditors-rights-law) at Barrett McNagny. The author Michael O'Hara focuses his practice in the areas of: [Bankruptcy and Creditors' Rights Law](https://www.barrettlaw.com/practice-areas/bankruptcy-and-creditors-rights-law), [Corporate and Business Law](https://www.barrettlaw.com/practice-areas/business-law), [Financial Institutions](https://www.barrettlaw.com/practice-areas/financial-institutions). Tagged Attorneys [Michael P. O'Hara](https:///our-people/michael-p-ohara)| # What is a Patent? | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/intellectual-property-law/what-is-a-patent ##[Blog](https:///blog) [Back to Intellectual Property Law](https:///blog/intellectual-property-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/intellectual-property-law/what-is-a-patent) #What Is a Patent? A patent is a Constitutionally-authorized “deal” between inventors and the federal government. Congress is empowered to make laws to grant patents to inventors under [Article I, section 8 of the U.S. Constitution](https://www.law.cornell.edu/constitution-conan/article-1/section-8#:~:text=To%20promote%20the%20Progress%20of%20Science%20and%20useful%20Arts%2C%20by%20securing%20for%20limited%20Times%20to%20Authors%20and%20Inventors%20the%20exclusive%20Right%20to%20their%20respective%20Writings%20and%20Discoveries%3B). Pursuant to this clause, Congress enacted [The Patent Act](https://www.congress.gov/bill/114th-congress/senate-bill/1137), which governs the granting of patents and the workings of the United States Patent and Trademark Office (USPTO). In exchange for an inventor sharing the secrets and details of an invention with the public, the government grants the inventor certain limited rights to exclude others from benefitting from the invention. The process by which one obtains a patent is known as patent prosecution. [![](https:///Data/Accounts/Files/1/11f151d26e71b0bf1066584f811d34e7-Schedule-Appt-Button-small.png)](https:///contact-us) ##What are the Different Parts of a Patent? The parts of a patent generally include an abstract of the invention, a specification, which includes a summary of the invention and the prior art and a detailed description of the invention, labeled drawings of the invention, and one or more claims. The description and claims are a crucial aspect of a patent application. The description should explain the significance of different features of the invention and explain how the invention relates to and differs from, the prior art. The claims define the scope of protection over an invention. The claims set limitations that restrict and define the scope of the protection, including the scope of the subject matter of the invention. ##What Happens After a Patent is Completed? Once a patent application is completed, it is submitted to the USPTO along with a filing fee. After obtaining an understanding of the invention, a patent examiner will conduct a search of the prior art and determine whether the invention claimed in the application is in compliance with statutory requirements for patenting. The timeframe for this process if variable depending on the patent examiner’s workload. Prosecution can be completed in as little as a year, although it not infrequently takes up to three years or longer. It is not uncommon for the patent examiner to initially reject the application, or to ask an applicant to amend the claims one or more times. [![](https:///Data/Accounts/Files/1/11f151d26e71b0bf1066584f811d34e7-Schedule-Appt-Button-small.png)](https:///contact-us) ##What Happens After a Patent is Obtained? Once a patent is obtained, it grants the inventor a limited right to exclude others from making, using, offering for sale, or selling the patented invention in the United States or importing the invention into the United States. For a utility patent, this right generally lasts for 20 years after filing the application. It is important to note that a patent grants only the right to exclude others from benefitting from the patented invention. ##How is a Patent Enforced? There are a few common strategies an inventor can use to enforce rights in a patent: 1. Monopoly: A patent can be used to attempt to keep competitors from offering competing products or from using certain methods; 1. Revenue stream: A patent can be licensed to generate royalty revenue; and 1. Assignment: A patent can be sold. *** For additional information regarding what a patent is and Barrett McNagny's Intellectual Property Law area of practice, please contact one of the attorneys listed below: - [John C. Barce](https://www.barrettlaw.com/our-people/john-c-barce) - [Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy) - [George Pappas](https://www.barrettlaw.com/our-people/george-pappas) # Attorneys Recognized in Best Lawyers® in America 2018 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/attorneys-recognized-in-best-lawyers-in-america-2018 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/attorneys-recognized-in-best-lawyers-in-america-2018) #Attorneys Recognized in Best Lawyers® in America 2018 **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The Best Lawyers in America® 2018 **in their respective practice areas: - **John C. Barce: **Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Business Law; Corporate Law - **Craig R. Finlayson:** Corporate Law - **Richard E. Fox: **Banking and Finance Law; Commercial Finance Law; Corporate Law; - **Thomas A. Herr: **Bet-the-Company Litigation; Commercial Litigation; Insurance Law - **Benjamin D. Ice: **Litigation – Insurance - **Robert T.** **Keen: ** Civil Rights Law; Commercial Litigation; Litigation – Labor & Employment; Litigation – Municipal; Personal Injury Litigation – Defendants - **Thomas M**. **Kimbrough:** Litigation – Insurance - **James Koday:** Trusts and Estates - **Patrick G. Murphy: ** Litigation – Insurance - **Thomas M. Niezer: ** Real Estate Law - **Michael P. O’Hara:** Corporate Law - **William A. Ramsey**: Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants - **Cathleen M. Shrader: **Appellate Practice; Commercial Litigation - **Anthony M. Stites: ** Employment Law – Management; Labor Law – Management; Labor Law – Union; Litigation – Labor and Employment - **Robert S. Walters: **Corporate Law; Securities/Capital Markets Law **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found at [http://www.bestlawyers.com/About/MethodologyBasic.aspx](https://http://www.bestlawyers.com/About/MethodologyBasic.aspx). Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Kevin Fitzharris Becomes a Registered Civil Mediator | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/kevin-fitzharris-becomes-a-registered-civil-mediator ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/kevin-fitzharris-becomes-a-registered-civil-mediator) #Kevin Fitzharris Becomes a Registered Civil Mediator ![](https:///Data/Accounts/Files/1/7be9fd5f10e2b4c3cfaf2c9e9e7a34f1-KevinFitzharrisLinkedIn.jpg)**Barrett McNagny LLP** is pleased to announce that[Kevin K. Fitzharris, Esq.](https://www.barrettlaw.com/our-people/kevin-k-fitzharris)** **has become a registered civil mediator pursuant to the rules and regulations of the Indiana Commission for Continuing Legal Education. Mr. Fitzharris has completed 40 hours of Commission-approved civil mediation training and is in good standing with the Supreme Court of Indiana. A partner with the firm, Mr. Fitzharris concentrates his litigation practice in the areas of [alternative dispute resolution](https://www.barrettlaw.com/practice-areas/alternative-dispute-resolution), [commercial litigation](https://www.barrettlaw.com/practice-areas/litigation-services), insurance defense, product liability, worker's compensation, media law, and collections. He has represented major litigants in numerous jury trials, bench trials, mediations, arbitrations, and worker's compensation hearings. Mr. Fitzharris is a member of the Allen County and American Bar Associations, the Defense Research Institute, the Defense Trial Counsel of Indiana, and is an [AV® Preeminent™ rated attorney](https://www.martindale.com/fort-wayne/indiana/kevin-k-fitzharris-975514-a/) by Martindale-Hubbell based on its peer review ratings. Since 2014, he has been selected for inclusion in the [Indiana Super Lawyers® publication](https://http://profiles.superlawyers.com/indiana/ft-wayne/lawyer/kevin-k-fitzharris/6db15e84-0da1-4bf8-a15e-16b474f39942.html) and he is a presenter on litigation topics to international, national, statewide and local organizations. He earned his B.A., with distinction, from Purdue University and his J.D. from the University of Notre Dame. Mr. Fitzharris is admitted to practice before the Indiana state courts, the U.S. District Courts for the Northern and Southern Districts of Indiana, and the U.S. Court of Appeals for the Seventh Circuit. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| # Exemption for Sale of Securities Changes | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/securities/recent-changes-to-the-intrastate-exemption-for-sale-of-securities ##[Blog](https:///blog) [Back to Securities Law](https:///blog/business-and-corporate-law/securities) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/securities/recent-changes-to-the-intrastate-exemption-for-sale-of-securities) #Recent Changes to the Intrastate Exemption for Sale of Securities [Securities](https://www.barrettlaw.com/practice-areas/securities-law) are governed by a multi-layered framework of federal and state laws. When a security is sold, it must either be registered or be exempt from registration under federal and applicable state law. A state exemption is required in each state in which the security is offered for sale or sold. An issuer that offers to sell or sells an unregistered security that is not exempt from registration commits an illegal act that could result in civil and even criminal penalties. Section 3(a)(11) of the Securities Act and Rule 147 have historically defined what is commonly known as the federal intrastate exemption, which required, among other things, that the issuer offer to sell and sell only to residents of the state where the company was organized and doing a significant amount of business. Effective April 20, 2017, Rule 147 was amended and Rule 147A was adopted. To fall within the amended Rule 147 safe harbor, and consistent with the prior version of Rule 147: - The issuer must be organized and have its “principal place of business” in the state where the securities are offered and sold. - General advertising and general solicitation to market the securities are allowed only within the state where the securities are offered and sold (and only if allowed by state law). - There is no limit on the number of securities that may be sold under the safe harbor. Under amended Rule 147, the issuer must satisfy at least one of four threshold requirements demonstrating the in-state nature of the issuer’s business. Previously, Rule 147 had a significantly more restrictive test for demonstrating that an issuer was “doing business” in a particular state. In addition, issuers may now rely on a “reasonable belief” with respect to the residence of the purchaser at the time of the sale of securities. The requirements of the Rule 147A safe harbor are consistent with the requirements of amended Rule 147, except that: - An issuer may be incorporated or organized outside of the state in which it conducts an offering under Rule 147A, provided its principal place of business is in the state and it otherwise complies with the requirements of Rule 147A. - Issuers relying on Rule 147A may make **offers** accessible to out-of-state residents (through general solicitation or general advertising on the internet, for example), so long as **sales** are limited to in-state residents. In contrast, amended Rule 147 requires that issuers make offers and sales only to in-state residents. The foregoing is only a limited explanation and other legal requirements apply to offers meant to qualify for the federal intrastate exemption. Employing the exemption and safe harbors requires an understanding of the intricacies and procedural components best left to experienced counsel. Tagged Attorneys [Justin T. Molitoris](https:///our-people/justin-t-molitoris)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| # Increase Qualified Settlement Offer Sanctions | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/the-legislature-should-increase-sanctions-related-to-qualified-settlement-offers ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/the-legislature-should-increase-sanctions-related-to-qualified-settlement-offers) #The Legislature Should Increase Sanctions Related to Qualified Settlement Offers In Indiana, courts prefer parties to reach settlement resolutions instead of taking cases to trial. Doing so helps parties reduce litigation costs and increases efficiency in the courts by reducing the number of cases pending in the court system. In an effort to encourage settlement, Indiana created a statute that codified qualified settlement offers. Ind. Code §34-50-1. The Indiana Code defines a qualified settlement offer as “an offer of full and final settlement to resolve all claims and defenses at issue between the offeror and the recipient.” A qualified settlement offer should incentivize the parties to come to the bargaining table with fair terms. If the offeror makes a qualified settlement offer and the recipient rejects the offer, the court will award attorney’s fees, costs, and expenses to the offeror. The court views the attorney’s fees as a sanction against the recipient for being unreasonable. ###**How to Create a Qualified Settlement Offer** A party may offer a qualified settlement offer from the time the complaint is filed in civil court up until thirty days before trial. A qualified offer must: - Be in writing; - Be signed by the offeror or the offeror’s attorney; - Be designated as a qualified settlement offer; - Be delivered to each recipient or recipient’s attorney either by registered/certified mail or any method that verifies the date of receipt; - Set forth the complete terms of the settlement; - Include the name and address of the offeror and the offeror’s attorney; and - Expressly revoke all prior qualified settlement offers made by the offeror to the recipient. Acceptance of a qualified offer must be: - Unconditional; - In writing - Signed by the accepting recipient or recipient’s attorney; and - Delivered by registered/certify mail or by means that verifies the date of receipt to the offeror or offeror’s attorney within thirty days of receiving the qualified settlement offer. ###**Why the Qualified Settlement Offer Needs More Sanctions** If the case does not settle through a qualified settlement offer because the recipient rejected an offer and the recipient of the offer receives a judgment for a lower amount than what was offered in the qualified settlement offer, the court reduces the recipient’s judgment by the offeror’s attorney’s fees. In theory, this practice incentivizes parties to properly value cases and settle to avoid high litigation costs. However, the statute caps attorney’s fees at $1,000. In all but the smallest cases, because attorney’s fees would easily exceed $1,000, the cap renders the sanction provision of the statute essentially meaningless. If the statute instead required recipients to pay a higher portion, like 50% of the opposing party attorney’s fees, recipients would be more cautious when rejecting a settlement offer. Proceeding to trial then presents a greater risk to the recipient. Settlement negotiations succeed when both parties come to the table with reasonable expectations. Increasing the penalty for refusing fair offers would likely reduce the number of plaintiffs who reject otherwise reasonable settlement offers in the hope they will receive an unreasonably large payout. Moreover, if both parties pursue reasonable settlement terms from the beginning, both parties will save time on settlements in general. Indiana should raise the cap on attorney’s fees for qualified settlement offers to encourage parties to enter into productive settlement negotiations. Encourage local legislators to make meaningful changes to this statute to ensure qualified settlement offers are effective. [Find the contact information for your local legislators](https://http://iga.in.gov/legislative/find-legislators/). Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # What to Do if Your Company Is Sued | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/what-to-do-if-your-company-is-sued ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/what-to-do-if-your-company-is-sued) #What to Do if Your Company Is Sued - **Contact a Litigation Attorney and your Insurance Company** - ****Do Not Ignore the Complaint or Try to Represent Your Company**** - ******Do Not Attempt to Represent Your Company Yourself****** - ******Take the Complaint Seriously****** **** ### The Lawsuit Your company, a business built through the labor and ingenuity of you and others, has been sued. You probably learned of the lawsuit when you received a Summons and Complaint. The Summons likely states that you must respond to the Complaint within twenty or twenty-three days. The Complaint likely recites various allegations against your company and perhaps other entities. The Complaint may allege that the plaintiff (the person suing your company) has sustained personal injuries; it could allege that your company has breached a contract; it could allege that your company damaged someone else’s property. Whatever the plaintiff is claiming, at the end of the Complaint you will see a request for some sort of relief, likely monetary damages. Receiving notice of a lawsuit can trigger many emotions such as anxiety, fear, or anger. Receiving this notice should – and for the good of your company must – trigger action. ### Contact a [Litigation Attorney](https://www.barrettlaw.com/practice-areas/litigation-services) and your Insurance Company There are several things you should do after learning that your company has been sued, regardless of whether the allegations in the Complaint are true or completely fabricated. The two most important things are: 1) contact your insurance company; and 2) if there is any chance that the allegations in the lawsuit will not be covered by an insurance policy, contact a lawyer. If your company has purchased an insurance policy that covers the type of claim made against your company, your insurance company should hire an attorney who will represent your company and defend it. If your company does not have insurance that covers the type of allegations made in the Complaint, you should, as quickly as possible, contact an attorney with experience in litigation. Other things you should do include taking steps to preserve evidence that has any chance of being relevant or related to the lawsuit. Depending on the nature of the lawsuit, other steps or actions may be appropriate. An attorney will provide more details regarding this process. ### **Do Not Ignore the Complaint or Try to Represent Your Company ** Once a Complaint is on file, ignoring the problem and hoping the dispute will blow over is no longer a viable option. Indiana’s Trial Rules contain strict deadlines for responding to Complaints and dictate the form of a response.[1] Failure to respond timely and in accordance with the Trial Rules can lead to a default judgment and ultimately, a money judgment against your company. [2]This judgment, even if based on facts that you believe are false or incomplete, is enforceable, and it may be too late, even with a lawyer’s assistance, to undo the judgment and successfully argue that the plaintiff’s claims lack merit. The plaintiff can take a variety of actions to collect a default judgment, including foreclosing on real estate owned by your company and freezing company bank accounts. These actions can obviously disrupt business and cause significant adverse consequences. ### **Do Not Attempt to Represent Your Company Yourself ** Trying to deal with a lawsuit against your company yourself is also not a viable option. Indiana law generally prohibits individuals who are not attorneys from appearing in Court and representing a corporation or limited liability company. [3] The law provides a narrow exception for matters filed in Small Claims Court involving less than $1,500. [4] For other lawsuits, however, attempting to represent your company in court would constitute the unauthorized practice of law. The main reason for this rule is that the law considers corporations and LLCs to be separate entities from the individuals who own them. By appearing in Court on behalf of the company, you would be representing a different person and acting as if you were a licensed attorney. The Judge will not allow such representation. Therefore, attempting to represent your company yourself or through a non-attorney is almost as bad as ignoring the Complaint, and can lead to a default judgment. ### **Take the Complaint Seriously ** Whoever filed a lawsuit against your company takes the matter seriously. You should too. Contact a litigation attorney right away and protect the company you worked so hard to build. *** [1] See, e.g., Indiana Rules of Trial Procedure 6, 8, 9, 10, 11, 12, 13, 14. [2] See Indiana Rule of Trial Procedure 55; City of Ft. Wayne v. State ex rel. Hoagland, 168 Ind. App. 262, 266, 342 N.E.2d 865, 868 (1976). [3] See, e.g., Simmons v. Carter, 576 N.E.2d 1278, 1279–80 (Ind. Ct. App. 1991). [4] See Indiana Small Claims Rule 8. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Prerequisite to Adverse Possession of Real Estate | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate/a-prerequisite-to-obtaining-real-estate-through-adverse-possession ##[Blog](https:///blog) [Back to Real Estate Law](https:///blog/real-estate) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/real-estate/a-prerequisite-to-obtaining-real-estate-through-adverse-possession) #A Prerequisite to Obtaining Real Estate Through Adverse Possession ![](https:///Data/Accounts/Files/1/26cea20adb6b33ee6e69ea7fc5e95eed-PatrickMurphyLinkedIn.jpg)By: [Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy) Indiana Code § 32-21-7-1 provides a party claiming title through adverse possession must demonstrate that he or she paid taxes on the disputed land. Wetherald v. Jackson, 855 N.E.2d 624, 641 (Ind. Ct. App. 2008). There is an exception if the adverse possessor believes payment was made, but the belief must be reasonable. Fraley v. Minger, 829 N.E.2d 476, 493 (Ind. 2005). In Fraley, the Supreme Court reiterated that Indiana law requires that a claimant complies with the adverse possession tax statute. It is not enough to demonstrate all the common law elements of adverse possession (control, intent, notice, duration). Moreover, the party attempting to claim adverse possession must demonstrate the elements by the heightened “clear and convincing evidence” standard, not the typical “preponderance of the evidence” standard, usually applicable to civil cases. In Fraley, the parties claiming adverse possession had met all of the elements but had not demonstrated that they had paid taxes on the disputed parcel. Since the Supreme Court’s decision in Fraley, many decisions have addressed the application of the adverse possession tax statute. Shortly after Fraley, the Court of Appeals decided DeWart v. Haab, 849 N.E.2d 693 (Ind. Ct. App. 2006). As in Fraley, the trial court determined that the claimants had shown by clear and convincing evidence that they were the owners of the tract in dispute through the doctrine of adverse possession. On appeal, the sole issue was whether the claimants had complied with the adverse possession tax statute. Because they had not, the Court of Appeals reversed the adverse possession determination. In Daisy Farms Limited Partnership v. Morrolf, 915 N.E.2d 480 (Ind. Ct. App. 2009), the Court addressed the issue of a farm asserting it satisfied the adverse possession tax statute because it had a good faith belief it was paying taxes on the disputed parcel. The Court of Appeals affirmed the trial court’s ruling finding the farm’s argument that it “sincerely believed” it was paying taxes on what it “believed were the legal boundaries” which it “believed” included the disputed tract was legally insufficient to satisfy the statute. Id. at 489 (emphasis in original). First, the Court held that a recorded encroachment agreement executed by the farm’s predecessors in interest with the current owners’ predecessors in interest clearly showed the respective ownership of the lots in dispute. Id. at 489. Thus, the farm had constructive notice of the true legal boundaries. Id. at 489-90. Further, according to tax records, the true owners had always paid real estate taxes on the lot that included the property in dispute. Id. Thus, the Court held that the claimant’s belief – even if belief alone could satisfy the adverse possession tax statute – was not reasonable under the circumstances. Id. at 490. For more information contact a member of [Barrett McNagny's Real Estate Law team. ](https://www.barrettlaw.com/practice-areas/real-estate-law) Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [David R. Steiner](https:///our-people/david-r-steiner)| # Steel Dynamics featured in BOSS Magazine | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/steel-dynamics-featured-in-boss-magazine ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/steel-dynamics-featured-in-boss-magazine) #Steel Dynamics featured in BOSS Magazine Congratulations to Steel Dynamics, Inc. for being featured in the June issue of BOSS Magazine, a national digital magazine that features industry-leading businesses and their leaders. We are proud to have worked with Steel Dynamics since its inception in 1993. We salute Chief Executive Officer Mark Millett and Chief Financial Officer Theresa Wagler and their entire executive team for their outstanding inspiration and leadership. [Part One: Steel Dynamics' Quarter Century of Growth (BOSS Magazine)](https://thebossmagazine.com/magazine/june17/#80-81) [Part Two: Driving the Growth: Steel Dynamics' Stellar Culture (BOSS Magazine)](https://thebossmagazine.com/magazine/june17/#142-143) # Niezer Participates in Inter-City Visit to Durham | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/niezer-participates-in-intercity-visit-to-durham ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/niezer-participates-in-intercity-visit-to-durham) #Niezer Participates in Inter-City Visit to Durham ![](https:///Data/Accounts/Files/1/fb3851f0a7435345bf353b9f73549402-TMNTripPicture.JPG)[Tom Niezer](https://www.barrettlaw.com/our-people/thomas-m-niezer) joined community leaders for Greater Fort Wayne Inc.'s Inter-City visit to Durham, N.C. on May 17 and 18. The trip allowed business and community leaders to learn from the success of Durham's redevelopment of a tobacco warehouse which is similar to Fort Wayne's GE Campus redevelopment. The historic tobacco warehouse is now home to small businesses and urban housing options. [Click here for more details. ](https://http://www.greaterfortwayneinc.com/greater-fort-wayne-inc-hosts-inter-city-visit-to-durham-n-c/) Tom Niezer concentrates his practice in the area of [Real Estate Law](https://www.barrettlaw.com/practice-areas/real-estate-law). Tagged Attorneys [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| # Shrader listed in The Best Lawyers Business Edition | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/shrader-listed-in-the-best-lawyers-business-edition ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/shrader-listed-in-the-best-lawyers-business-edition) #Shrader listed in The Best Lawyers Business Edition ![](https:///Data/Accounts/Files/1/e87fb8c0a83227b7d0518494a34e88ba-CathleenShraderWebsite.jpg)**Barrett McNagny LLP **is proud to announce that **Cathleen M. Shrader **was listed in [The Best Lawyers Business Edition® Spring 2017 Women in the Law](https://www.bestlawyers.com/lawyers/cathleen-m-shrader/38912) publication in the areas of Appellate Practice and Commercial Litigation. **Ms. Shrader** is President of the Indiana State Board of Law Examiners and she is a past chair of the Allen County and the Indiana State Bar Associations’ Appellate Practice Sections and is the Secretary of and on the Board of Directors of the Indiana Debate Commission. Cathleen M. Shrader concentrates her practice in the areas of: [Appellate Law](https://www.barrettlaw.com/practice-areas/appellate-law), [Estate and Trust Litigation](https://www.barrettlaw.com/practice-areas/estate-and-trust-litigation), and [Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services). Tagged Attorneys [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Title VII & “Sexual Orientation” Discrimination | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/7th-circuit-title-vii-prohibits-discrimination-based-on-sexual-orientation ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/7th-circuit-title-vii-prohibits-discrimination-based-on-sexual-orientation) #7th Circuit: Title VII Prohibits Discrimination Based on “Sexual Orientation” April 5, 2017 - In a landmark decision almost certainly headed to the United States Supreme Court, the United States Court of Appeals for the Seventh Circuit en banc has ruled that discrimination on the basis of sexual orientation is a form of sex discrimination that is prohibited by Title VII of the Civil Rights Act of 1964. In Hively vs. Ivy Tech Cmty. Coll., No. 15-1720 (April 4, 2017), a part-time, adjunct professor (Prof. Hivey) at Ivy Tech Community College applied for at least 6 full-time positions at the school between 2009 – 2014. Prof. Hively is openly lesbian. On December 13, 2013, Prof. Hively filed an EEOC charge based on her belief that she was being blocked from full-time employment based on her sexual orientation. In July 2014, the school did not renew her employment contract. After receiving her Right to Sue letter, Prof. Hively filed a Complaint in Indiana’s Northern District Court in South Bend making the same allegation. The District Court granted Ivy Tech motion to dismiss the Complaint on the basis that sexual orientation is not a protected class under Title VII, and Prof. Hively appealed. Initially, the 7th Circuit panel (made up of 3 judges) affirmed the District Court dismissal by setting forth the legal precedent supporting the idea that discrimination based on “sexual orientation” was different from “sex discrimination.” Yesterday, all 11 judges comprising the U.S Court of Appeals for 7th Circuit (in an 8-3 vote) set aside much of the precedent for distinguishing forms of sex discrimination claims and clearly stated that employment actions amounting to discrimination made on the basis of sexual orientation are, indeed, a subset of actions taken on the basis of sex. This ruling is consistent with the position taken by the EEOC in 2015. The 7th Circuit believes that it is consistent with the interpretation that prohibition of sex discrimination includes sexual harassment in the workplace (including Same-Sex harassment); discrimination based on actuarial assumptions about a person’s longevity; and discrimination based on a person’s failure to conform to a certain set of gender stereotypes. Citing the Hively opinion, “Any discomfort, disapproval, or job decision based on the fact that complainant – woman or man – dresses differently, speaks differently, or dates or marries a same-sex partner, is a reaction purely and simply based on sex. That means that it falls within Title VII’s prohibition against sex discrimination if it affects employment in one of the specified ways.” It is worth noting that the decision leaves open the possibility that a different conclusion might have been reached if the employment action were connected to a religious institution or related to a religious mission. In such situations, an employer may be exempted from Title VII liability because of a bona fide need to discriminate on the basis of a protected characteristic. As always, the attorneys of Barrett McNagny, LLP are available to discuss the implication of this decision on your specific employment situation. Feel free to contact a member of our Labor and Employment group listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Risks with Telephonic and Electronic Advice | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/risks-associated-with-telephonic-and-electronic-advice ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/risks-associated-with-telephonic-and-electronic-advice) #Risks Associated with Telephonic and Electronic Advice William Ramsey authors article titled "Risks Associated with Telephonic and Electronic Device" that appeared in the March 24th edition of Greater Fort Wayne Business Weekly. [Click here to read the article. ](https://http://www.fwbusiness.com/opinions/columnist/article_4cdd4962-54c6-5b8a-8574-4ac09dc66d83.html) Mr. Ramsey concentrates his practice in the areas of: [Appellate Law](https://www.barrettlaw.com/practice-areas/appellate-law), [Health Care Law](https://www.barrettlaw.com/practice-areas/health-care-law), [Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services), and [Medical Malpractice Defense](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense). Tagged Attorneys [William A. Ramsey](https:///our-people/william-a-ramsey)| # Firm Attorneys in Indiana 2017 Super Lawyers | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2017 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2017) #Firm Attorneys Recognized in Indiana Super Lawyers Publication 2017 **Barrett McNagny ****LLP** is proud to announce its listing in [Indiana Super Lawyers for 2017](https://http://profiles.superlawyers.com/indiana/ft-wayne/lawfirm/barrett-mcnagny-llp/52ad8430-b82c-4460-9ef6-3edabff2e44b.html). The following attorneys were selected for inclusion in their respective practice areas: - **[Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) – **Alternative Dispute Resolution - **Thomas A. Herr – **Business Litigation - **[Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice) –** Medical Malpractice Defense - **[Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr) – **Business Litigation - **[Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough) – **Employment & Labor - **[Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy) – **Business Litigation - **[William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) –** Business Litigation - **[Cathleen M. Shrader](https://www.barrettlaw.com/our-people/cathleen-m-shrader) – **Business Litigation - **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) – **Employment & Labor The following attorneys were selected for inclusion as 2017 Indiana Rising Stars: - **[Mark H. Bains](https://www.barrettlaw.com/our-people/mark-h-bains) –** Real Estate - **Rachel K. Steinhofer –** Medical Malpractice Defense Super Lawyers is a Thomson Reuters business and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # The Risks Associated Doctors Crossing Borders | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/health-care/the-risks-associated-doctors-crossing-borders ##[Blog](https:///blog) [Back to Health Care Law](https:///blog/health-care) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/health-care/the-risks-associated-doctors-crossing-borders) #The Risks Associated Doctors Crossing Borders ![](https:///Data/Accounts/Files/1/1e0577a62300358692c1a87811f47310-WilliamRamseyWebsite.jpg) ###Doctors Crossing Borders: The Risks Associated with Providing Telephonic or Electronic Advice to Out-Of-State Patients By: [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) Because of schedules, infirmity, or other reasons, patients often want to obtain medical advice without physically going to a doctor’s office. The practice of providing medical advice over the phone, internet, or other electronic means can allow physicians to respond to these wishes and provide efficient and cost-effective benefits to patients. [1] The Indiana General Assembly has recognized the importance and prevalence of treatment outside the traditional face-to-face office visit through a 2016 Bill addressing telemedicine, defined as care provided through secure video conferencing, audio-using store and forward technology, or remote patient monitoring. [2] Indiana physicians who practice telemedicine should certainly take note of these statues, and physicians who use other means to remotely provide advice, such as the phone, Internet, or e-mail, should familiarize themselves with Indiana Board of Medicine’s regulations regarding the use of the Internet or other electronic communications. [3] Although these statutes and regulations will apply to any licensed Indiana physician, they may not be the only rules that apply when a patient lives in another state. This article addresses issues that can arise when Indiana physicians reach out across Indiana borders and provide treatment or advice to out-of-state patients. Physicians should exercise caution before embarking on a practice that includes such care without first completing a comprehensive assessment of the ethical and legal implications in all states where patients reside or receive medical advice. **Advice over the phone or email can create a patient-physician relationship. ** Merely scheduling an appointment with a patient does not generally establish a patient-physician relationship. [4] However, when a doctor does more than schedule an appointment and offers medical advice or issues a prescription over the phone or through electronic communications, the doctor may be viewed as having “treated” the patient. [5] Direct communication with a patient is not even a prerequisite of a patient-physician relationship; providing advice to another physician regarding a patient can suffice. The law in this area includes many gray areas, and whether a consultation will establish a relationship and corresponding duty to a patient will depend on not only the specific circumstances of the consultation but also the state in which the patient is located. Some states generally refuse to recognize a patient-physician relationship based on informal opinions, [6]others look to whether the treating physician remains free to reject the consulting physician’s advice, [7] and others look at the fairly fact-dependent question of whether the consultant undertook to merely advise the treating physician or went further and could be viewed as having treated the patient. [8] Principles of professionalism and the common goal of helping patients in need will likely lead most physicians to regularly offer informal opinions to colleagues both in and out of state. But, based on the lack of a national standard, any doctor who provides medical opinions or advice over the phone or electronic means should at least be aware of the potential that such communications, even without direct patient contact, can evolve into a patient-physician relationship. Although the existence of such a relationship is significant regardless of a patient’s locale, the establishment of a patient-physician relationship with an out-of-state patient can prove particularly problematic. **Potential pitfalls of providing medical advice regarding out-of-state patients. ** Treatment is generally considered to have taken place in the state where the patient is present. For example, if an Indiana physician speaks with a patient in Michigan over the phone and offers medical advice, there is a good chance that the Indiana physician has committed an act in Michigan. Two general categories of problems can arise from such circumstances. **Allegations of practicing without a license. ** States may aggressively act to prevent out-of-state physicians from treating residents over the phone or internet. [9] For example, a California court has upheld the criminal prosecution, in California, of a Colorado-licensed physician for practicing medicine without a license in California based on prescriptions written after the California resident filled out an online questionnaire. [10] The DEA has used the California court’s decision to support sanctions against physicians for prescribing medicine across state boundaries. [11] Exceptions to this rule, such as rules that allow physicians to consult with out-of-state physicians on difficult cases, exist in many states. However, state laws in this area are far from uniform. [12] Therefore, physicians must be careful when offering assistance or opinions regarding out-of-state patients and avoid inadvertently practicing medicine without a license. **Civil suits in other states** Even if a physician does not illegally practice medicine through communication with an out-of-state patient, a physician providing such medical advice could be subject to suit in the patient’s state for any claim that the advice was negligent and caused an injury. Courts look at a variety of circumstances when determining whether suits against an out-of-state physician are appropriate, leading to hair-line distinctions and results that are difficult to predict. For example, a Massachusetts Court refused to allow a suit against a Rhode Island surgeon who mailed two letters to an in-state pediatrician regarding a surgery performed in Rhode Island. [13] On the other hand, the Supreme Court of Mississippi allowed an Alabama physician to be sued in Mississippi based on the reasoning that the patient filled a prescription in Mississippi written by the physician in Alabama, took the medication in Mississippi, and suffered the effects of the medication in Mississippi. [14] A Connecticut Court allowed a lawsuit against a Maryland radiologist who interpreted scans sent from Connecticut and sent her medical opinions regarding the scans to people in Connecticut. [15] Courts have also allowed suits against out-of-state physicians who offered medical opinions either through the mail or over the telephone to in-state patients. [16] Depending on a variety of factors regarding the nature of conduct and injuries at issue, a suit brought in another state may not be subject to Indiana’s Medical Malpractice Act, in which case an Indiana physician could lose the protection of the Act, including its cap on damages. [17]Depending on the terms of a physician’s malpractice insurance policy, such a suit could expose a physician to significant personal liability. For example, Illinois has no cap on damages for a medical malpractice case. If an Indiana physician’s insurance policy includes coverage for only Indiana’s maximum per-provider liability in Indiana (currently $250,000 per occurrence) and the physician has no other insurance protection for out-of-state suits, the physician could be looking at significant personal exposure. An even greater problem could arise if the Indiana physician’s insurance policy provides no coverage for the practice of medicine in other states. Some malpractice insurance policies include provisions that exclude coverage for acts that occur outside of Indiana. If an insurance company denies coverage for a suit stemming from advice given to an out-of-state patient, then the physician would not only be looking at potential exposure if a jury found against the physician but also have to foot the bill for an attorney to defend him or her in the out-of-state lawsuit. Malpractice suits can involve significant time to defend, and almost always require at least one expert witness and substantial investigatory costs. Therefore, even defeating claims of malpractice that are not covered by insurance would come at significant cost. **Conclusion ** A multi-state practice is by no means impossible. And significant benefits can be provided to patients by providing some types of medical advice over the phone or electronically. However, when providing medical advice outside the confines of his or her office, a physician should be aware of the line between permissible informal discussions and the unauthorized practice of medicine and should recognize that out-of-state treatment could subject the physician to a lawsuit for which the physician has either no or inadequate protection. Taking precautionary steps on the front end to avoid these situations can save significant time, stress, and money while allowing a physician to continue to discuss medical issues with patients and colleagues through phone calls and e-mail. This article appeared in the Fort Wayne Medical Society's publication Fort Wayne Medicine Quarterly, Volume 14, Issue 4. *** [1] American Medical Association, Frequently Asked Questions. [2] Indiana Code § 25-1-9.5-6 (defining “telemedicine”). For an overview of the bill, codified at Indiana Code Chapter 25-1-9.5, see Nathaniel M. Lacktman, Key Takeaways from Indiana’s New Telemedicine Law, Health Care Law Today. [3] 844 I.A.C. 5-3-1 through -10. [4]Tsoukas v. Lapid, 733 N.E.2d 823 (Ill. Ct. App. 2000); Jackson v. Isaac, 76 S.W.3d 177 (Tex. App. 2002); Giles v. Anonymous Physician I, 13 N.E.3d 504, 510 (Ind. Ct. App. 2014), trans. denied. [5] Hageseth v. Superior Court, 59 Cal. Rptr. 3d 385 (Cal. Ct. App. 2007); Cogswell by Cogswell v. Chapman, 866, 672 N.Y.S.2d 460 (N.Y. App. Div. 1998); Weaver v. Univ. of Michigan Bd. of Regents, 506 N.W.2d 264 (Mich. Ct. App. 1993). [6] Irvin v. Smith, 31 P.3d 934 (Kan. 2001) (collecting cases from Illinois, Michigan, Texas, and South Carolina). [7] Sterling v. Johns Hopkins Hosp., 802 A.2d 440 (Md. 2002); Gilinsky v. Indelicato, 894 F.Supp. 86 (E.D.N.Y. 1995). [8] Kelley v. Middle Tenn. Emergency Physicians, P.C., 133 S.W.3d 587 (Tenn. 2004). [9] Charlene McGinty and Tara Kepler, The Hageseth saga and a new theory of liability, 2010 Health L. Handbook § 11:21; David Jensen, The Dominos Are Falling! Internet Psychotherapy Across State Lines Determined to be Unlawful, The Therapist (2008). [10] Hageseth, 59 Cal. Rptr. 3d 385; McGinty and Kepler, supra note 10. [11] McGinty and Kepler, supra note 10 (citing Ladapo O. Shyngle, M.D., Denial of [DEA] Application, 74 Fed. Reg. 6056, 6058 (Feb. 4, 2009); Joseph Gaudio, M.D., Suspension of [DEA] Registration, 74 Fed. Reg. 10083, 10092 to 93 (March 9, 2009); Patrick W. Stodola, M.D., Revocation of [DEA] Registration, 74 Fed. Reg. 20727, 20731 to 74 (May 5, 2009)). [12] See generally, Tara Kepler and Charlene McGinty, Telemedicine: How to Assess Your Risks and Develop a Program that Works, American Health Lawyers Association, (noting that “the lack of state consistency in regulating the practice of medicine presents a significant barrier to any multi-state telemedicine program”). [13] Lyons v. Duncan, 968 N.E.2d 412 (Mass. Ct. App. 2012). [14] Dunn v. Yager, 58 So.3d 1171 (Miss. 2011). [15] Cotnoir v. St. Francis Hosp. & Med. Ctr., 2009 WL 5698521 (Sup. Ct. Conn. 2009). [16] Kennedy v. Freeman, 919 F.2d 126 (10th Cir. 1990); McGee v. Riekhof, 442 F.Supp. 1276 (D. Mont. 1978). [17] Drs. Groover, Christie & Merritt, P.C. v. Burke, 917 A.2d 1110 (D.C. Ct. App. 2007). *** Mr. Ramsey concentrates his practice in the areas of: [Appellate Law](https://www.barrettlaw.com/practice-areas/appellate-law), [Health Care Law](https://www.barrettlaw.com/practice-areas/health-care-law), [Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services), and [Medical Malpractice Defense](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense). Tagged Attorneys [William A. Ramsey](https:///our-people/william-a-ramsey)| # New I-9 Forms Required | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/new-i9-forms-required ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/new-i9-forms-required) #New I-9 Forms Required **New I-9 Forms Required to be Used ****Starting No Later than 1-22-2017** The Department of Homeland Security has mandated the use of new I-9 forms starting next week. You can use these forms now. Use is **mandatory** as of January 22, 2017. Below you will find a link to the instructions for the I-9 forms and a link to the I-9 Employment Eligibility Verification page where you will find a fillable PDF of the I-9 form and the paper version of the new I-9 form. [Instructions for Form I-9](https://http://r20.rs6.net/tn.jsp?f=001DsjeAzbOupxA4Ibi4hFpA6QKKtCmIHDHfnbiObXdF3glsU-b9axtC80qe15fNNVLgxsVpnNyYKCvDvRyX8NiR8F2L6eivVTxTLbkvgj_nB1hPPWM7KptqRaa5XexEf0M9TOBeP_hVNAV5uiejiRAnlC3Ca7rKeTssR335imJ6S6byxX3U0CYwRTonXa9kWNHdpDOGHz7eM2Oxb0c55O5_B0LECC18bnqkRMjq8ZDcp4=&c=&ch=) [Employment Eligibility Verification Page](https://http://r20.rs6.net/tn.jsp?f=001DsjeAzbOupxA4Ibi4hFpA6QKKtCmIHDHfnbiObXdF3glsU-b9axtC80qe15fNNVL3gDij3ESRC-Yt5BsBPxDEMT6SK0Gx1nSU3eLKFkz8CF47bWISnxHGOMIUGPOVnRd2OjwtKka-rZk-YA6l7dYUrlfAriME4t0c9ejjb3PJXc=&c=&ch=) (Recommend using Internet Explorer to open) If you have any questions please contact a member of Barrett McNagny's Labor and Employment group listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Executive Committee Announced | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/executive-committee-announced ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/executive-committee-announced) #Executive Committee Announced ![](https:///Data/Accounts/Files/1/dc06a1111bba06177482ae5d6ca504b5-MichaelPO'HaraWebsite.jpg)**Barrett McNagny ****LLP** is pleased to announce that [Michael P. O’Hara](https://www.barrettlaw.com/our-people/michael-p-ohara) has been elected to serve as Chairman of the firm’s Executive Committee for 2017. Also serving on the firm’s Executive Committee during 2017 will be [Trisha J. Paul](https://www.barrettlaw.com/our-people/trisha-j-paul)**, **[Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites)**, **[Samuel J. Talarico, Jr.](https://www.barrettlaw.com/our-people/samuel-j-talarico-jr)** and **[Jeffrey M. Woenker](https://www.barrettlaw.com/our-people/jeffrey-m-woenker)**. ** ** ** Tagged Attorneys [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| # Fort Wayne Sister Cities Interviewed on PBS 39 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/fort-wayne-sister-cities-interviewed-on-pbs-39 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/fort-wayne-sister-cities-interviewed-on-pbs-39) #Fort Wayne Sister Cities Interviewed on PBS 39 Howard Chapman and Tom Herr were interviewed by PBS 39 about their involvement with Fort Wayne Sister Cities International program and its importance in Fort Wayne and northeast Indiana. [Click here to view the interview and learn more about Fort Wayne Sister Cities International beginnings and its sister cities. ](https://vimeo.com/195061312) Thomas Herr concentrates his practice in the areas of: [Alternative Dispute Resolution](https://www.barrettlaw.com/practice-areas/alternative-dispute-resolution), [Estate and Trust Litigation](https://www.barrettlaw.com/practice-areas/estate-and-trust-litigation), and [Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services). # Overtime Rule Stayed by Judge in Texas | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/overtime-rule-stayed-by-judge-in-texas ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/overtime-rule-stayed-by-judge-in-texas) #Overtime Rule Stayed by Judge in Texas On November 22, 2016, a Texas federal judge issued an Order that blocks nationwide the new Fair Labor Standards Act salary requirements for overtime and minimum wage exemptions based on executive, administrative, or professional capacity. The regulations were to take effect on December 1, 2016, but have now been blocked. Therefore the higher salaries set by the Department of Labor for these exempt employees will not become effective December 1, 2016. Litigation will continue on the issue. Ultimately a permanent injunction could be ordered. It is also possible that ultimately the Department of Labor will prevail and at some future date, the new salary rule will become effective. In addition, there is legislation pending in Congress that could also impact the salary exempt issue. At this time, the order allows employers to maintain the status quo. Maintaining the status quo also leaves in place the current minimum salary level of $455 per week for these exemptions. However, any employer that has already analyzed the duties performed by any employee and determined that the employee does not perform exempt duties, must still treat that employee as non-exempt. Thus, this employee's hours must be tracked and he/she must be paid overtime for hours work in excess of forty hours. If you, as an employer, still need to analyze whether your employees would have been affected or would like to further discuss this issue, please do not hesitate to contact a member of our [Employment Law team.](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Barrett McNagny Listed in "Best Law Firms" | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-listed-in-2017-best-law-firms-rankings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-listed-in-2017-best-law-firms-rankings) #Barrett McNagny Listed in 2017 "Best Law Firms" Rankings **Barrett McNagny ****LLP** is proud to announce that the firm was ranked in the 2017 “Best Law Firms” rankings by **U.S. News Media Group** and **Best Lawyers®**. The firm was recognized for its first-tier ranking in the Fort Wayne area in the following practice areas: -Commercial Litigation -Corporate Law -Employee Benefits (ERISA) Law -Tax Law -Trusts and Estates Law These rankings showcased less than 10,000 law firms across the country. Firms were often separated by small or insignificant differences in overall score, so a tiering system, rather than a sequential system is used. The first tier ranking includes those firms that scored within a certain percentage of the highest-scoring firm(s); the second tier, those firms that scored within a certain percentage of the next highest scoring firm(s), etc. The number of tiers included in each practice area or metropolitan area varies. **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found at http://www.bestlawyers.com/About/MethodologyBasic.aspx. Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Supreme Court Issues Decision in Patchett v. Lee | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/supreme-court-issues-decision-in-patchett-v-lee ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/supreme-court-issues-decision-in-patchett-v-lee) #Supreme Court Issues Decision in Patchett v. Lee **I. Summary** The Indiana Supreme Court holds that evidence of write-offs and reductions to medical bills is admissible in personal injury cases regardless of whether the plaintiff’s bills were paid by a government program or a private insurance company. **II. Discussion of Opinion ** - **A. Patchett****’s procedural history and underlying facts ** On October 21, 2016, the Indiana Supreme Court issued its long-awaited decision in Patchett v. Lee, No. 29A04-1501-CT-00001, --- N.E.3d --- (Ind. 2016). The Supreme Court reversed the Court of Appeals’ opinion, and held that the holding announced by the Supreme Court in Stanley v. Walker, 906 N.E.2d 952 (Ind. 2009), “applies equally to reimbursements by government payers.” Patchett, Slip Op. p. 2. In Patchett, the plaintiff, Ashley Lee, incurred medical bills as the result of an automobile accident that were initially billed at $87,706.36. Lee was enrolled in the Healthy Indiana Plan (HIP), a government-sponsored healthcare program, which paid $12,051.48 in full satisfaction of Lee’s medical bills pursuant to HIP’s reimbursement rates. Id. at 3. The trial court issued an order precluding Patchett from telling the jury what HIP paid for Lee’s medical care on the basis that the payments would confuse the jury and that the evidence was, therefore, inadmissible under Indiana Rule of Evidence 403. The Court of Appeals affirmed the trial court’s decision. The Supreme Court heard oral argument in June 2016, but did not grant transfer until it issued the October 21 opinion. The measure of damage for medical care is the “reasonable value” of such care. Id. p. 4. A billing statement is evidence of reasonable value, and is, in fact, prima facie proof that the charges are reasonable. See id. p. 4-5. As the Supreme Court held in Stanley, if the parties dispute whether the billed amount is reasonable, a defendant may introduce evidence of discounted amounts. See id. at 5 (citing Stanley, 906 N.E.2d at 858). The Court of Appeals held that Stanley did not apply if the payor was a government-sponsored healthcare plan. The Supreme Court disagreed with the trial court and the Court of Appeals. - **Patchett****’s holding** The plaintiff in Patchett argued that Stanley should not apply when a government-sponsored program pays a plaintiff’s bills, as the government sets its rates and does not negotiate with individual providers. The Supreme Court rejected the position that the identity of the payor should determine whether reduced amounts are admissible, explaining, “The salient fact is not whether (or to what extent) the reimbursement rates were negotiated. What counts is that the participating provider has agreed to accept the lower rates as payment in full.” Id. at 7 (quoting Stanley, 906 N.E.2d 859 (Boehm, J., concurring)). The Court also noted that healthcare providers are not obligated to participate in government-sponsored programs such as Medicaid, Medicare, or HIP, and that, by participating in the programs, the providers are agreeing to accept the rates identified by the programs. See id. at 7-8. The Court explained that “[b]ecause participating providers accept these reduced rates in full satisfaction of services rendered, we hold such rates are relevant, probative evidence of the reasonable value of medical services.” Id. at 8. - **Patchett**** and Stanley represent the “middle course”** After announcing its holding, the Court compared Indiana’s approach to that of other states, finding that “Indiana continues to chart a middle course.” Id. at 9. The Court surveyed national case law and noted that, after the Indiana Supreme Court decided Stanley, six states (West Virginia, Maryland, Colorado, Massachusetts, Minnesota, and Oregon) found that only the billed amount is admissible, two states (Delaware and Texas) found that only the paid amount is admissible, and two states (California and Kansas) followed the Indiana approach and found both amounts are admissible. The Supreme Court stated that the middle ground, allowing both amounts into evidence, “honors our deep, abiding faith in the jury system.” Id. The Court explained that its holding placed its “trust in juries to consider these metrics, along with any other relevant measures of the reasonable value of medical care, in determining what damages are warranted in a particular case to make the plaintiff whole.” Id. - **The Patchett/Stanley rule will almost always prevail but does not completely close the door for a court to exclude evidence of write-offs** The Court left the door open for the exclusion of evidence of discounted amounts under Rule of Evidence 403, which allows a trial court to exclude evidence if the evidence’s relevance is substantially outweighed by the danger of unfair prejudice, confusion, misleading the jury, delay, or the presentation of cumulative evidence. However, the Court stated that “the permissible circumstances for excluding such evidence under Rule 403 will be few and far between.” - **Any future challenge to Patchett/Stanley will likely come in the General Assembly** An interesting aspect of the Patchett decision is the Court’s repeated recognition that the parties did not ask the Court to reconsider Stanley. Justice Rucker, joined by Justice David, wrote a concurring opinion stating that, although he agreed with the result reached in Justice Slaughter’s opinion,[[1]](https://#_ftn1) he continued to believe that Stanley was wrongly decided. However, given the lack of legislative action in response to Stanley, the fact that no party had asked the Court to reconsider Stanley, and his respect for stare decisis, Justice Rucker concurred in the result reached in Justice Slaughter’s majority opinion. Justice Rucker’s concurring opinion, signed on to by only Justice David, suggests that the current Supreme Court would affirm Stanley if questions as to its ongoing validity directly reached the Court, and implies that the only way for Indiana law to change on this issue at any time in the near future would be through the General Assembly. [[1]](https://#_ftnref1)Patchett is the first opinion authored by the Supreme Court’s newest Justice. # "How to Use the Region as a Recruiting Tool" Article | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/how-to-use-the-region-as-a-recruiting-tool-article ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/how-to-use-the-region-as-a-recruiting-tool-article) #"How to Use the Region as a Recruiting Tool" Article ![](https:///Data/Accounts/Files/1/c9829973b58dd71751ed821e7a1bc8c0-WilliamRamseyWebsite.jpg)[William Ramsey ](https://www.barrettlaw.com/our-people/william-a-ramsey)authors a post for the Northeast Indiana Regional Partnership Vision 2020 blog titled ["How to Use the Region as a Recruiting Tool."](https://http://neindiana.com/blog) Mr. Ramsey concentrates his practice in the areas of: [Appellate Law](https://www.barrettlaw.com/practice-areas/appellate-law), [Health Care Law](https://www.barrettlaw.com/practice-areas/health-care-law), [Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services), and [Medical Malpractice Defense](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense). Tagged Attorneys [William A. Ramsey](https:///our-people/william-a-ramsey)| # Golden Career Recognition for Walters | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/golden-career-recognition-for-walters ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/golden-career-recognition-for-walters) #Golden Career Recognition for Walters ![](https:///Data/Accounts/Files/1/9f8fc31698a5614873f476a05901db1f-RobertWaltersWebsite.jpg)Congratulations to Robert Walters for his Golden Career Recognition at the Allen County Bar Association’s Annual Meeting on September 29, 2016. A Harvard Law School graduate, Bob has spent the last fifty years working with business clients in northeast Indiana on [corporate and business law](https://www.barrettlaw.com/practice-areas/business-law) issues, [securities law](https://www.barrettlaw.com/practice-areas/securities-law) and compliance, antitrust matters and mergers, and acquisitions. He is active in the local community serving on the Fort Wayne Downtown Development Trust board and is a volunteer for the United Way’s Real Men Read program. Barrett McNagny salutes Bob for his contributions to the legal profession and his service to our local community. # 2017 "Lawyers of the Year" Attorneys | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) #Attorneys Recognized as "Lawyers of the Year" in Best Lawyers® in America **Barrett McNagny ****LLP** is proud to announce that three firm attorneys were selected by their peers for inclusion in **The Best Lawyers in America® 2017 **as "Lawyer of the Year" in their respective practice areas. - [Richard E. Fox](https:///our-people/richard-e-fox) was selected "Lawyer of the Year," Fort Wayne, in the area of Corporate Law. - Thomas A. Herr was selected as "Lawyer of the Year," Fort Wayne, in the area of Insurance Law. - [Anthony M. Stites](https:///our-people/anthony-m-stites) was selected as "Lawyer of the Year," Fort Wayne, in the area of Employment Law - Management. They received this distinction based upon peer ratings. Only a single lawyer in each practice area in each community annually is honored as a "Lawyer of the Year." **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [](https://www.bestlawyers.com/methodology) [Read about the selection methodology for inclusion in the publication](https://www.bestlawyers.com/methodology). Tagged Attorneys [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| # "No Pay, No Play" Statutes | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/no-pay-no-play-statutes ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/no-pay-no-play-statutes) #"No Pay, No Play" Statutes ### "No pay, no play" statutes allow insurance companies to avoid paying certain non-economic damages to repeat uninsured motorists injured in a motor vehicle accident. By: [Patrick G. Murphy](https:///our-people/patrick-g-murphy) Chapters 27-7-5.11 and 34-30-29.2 of the Indiana Code are commonly referred to collectively as the "no pay, no play" statutes. These laws allow an insurance company to avoid paying certain non-economic damages in a civil action to a repeat uninsured motorist who is injured or suffers damages in a motor vehicle accident. The law covers an individual (1) who owns a motor vehicle that is involved in an accident where the motor vehicle is not insured for at least the minimum coverage amounts required under Indiana law; and (2) who, during the immediately preceding five years, has been required to provide proof of future financial responsibility, a requirement triggered by the individual's prior operation of a vehicle without financial responsibility. Ind. Code § 27-7-5.1-4; Ind. Code § 9-25-8-6. Thus the law is aimed at individuals with a history of driving with no insurance, not first-time offenders. If the uninsured motorist owns the vehicle that is involved in an accident, the statute applies to exclude certain types of non-economic damages, specifically: - Physical and emotional pain and suffering; - Physical impairment; - Emotional distress; - Mental anguish; - Loss of enjoyment; - Loss of companionship, services and consortium; and - Any other nonpecuniary loss proximately caused by the accident. - Uninsured motorists with a previous violation would still be eligible to recover out-of-pocket costs such as medical expenses, costs for treatment and rehabilitation, lost wages, loss of economic or educational potential, loss of productivity, and other pecuniary losses caused by the accident. - There are also some limitations to the applicability of "no pay, no play." The statutes do not apply to limit damages to the uninsured motorist where (1) the uninsured motorist with the previous violation is under the age of eighteen; (2) where the injury or damages were caused intentionally; or (3) where someone other than the uninsured motorist was driving the vehicle and that person is convicted of a crime in connection with the accident. Since "no pay, no play" went into effect July 1, 2015, there are no reported court cases interpreting or applying these new laws. For now, please reference the plain language of the statutes and keep an eye out for the Indiana Supreme Court's anticipated decision in Patchett v. Lee, which will determine whether the collateral source rule provides for the admissibility of evidence of payments made by a state-sponsored health insurance plan. Tagged Attorneys [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| # Attorneys Recognized in Best Lawyers® in America | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/attorneys-recognized-in-best-lawyers-in-america ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/attorneys-recognized-in-best-lawyers-in-america) #Attorneys Recognized in Best Lawyers® in America **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The Best Lawyers in America® 2017 **in their respective practice areas: - **John C. Barce: **Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Business Law; Corporate Law - **Craig R. Finlayson:** Corporate Law - **Richard E. Fox: **Banking and Finance Law; Commercial Finance Law; Corporate Law; - **Thomas A. Herr: **Bet-the-Company Litigation; Commercial Litigation; Insurance Law - **Benjamin D. Ice: **Litigation - Insurance - **Robert T.** **Keen: ** Civil Rights Law; Commercial Litigation; Litigation - Labor & Employment; Litigation - Municipal; Personal Injury Litigation - Defendants - **Thomas M**. **Kimbrough:** Litigation - Insurance - **James Koday:** Trusts and Estates - **John P. Martin: **Corporate Law; Tax Law - **Thomas M. Niezer: ** Real Estate Law - **Michael P. O'Hara:** Corporate Law - **Cathleen M. Shrader: **Appellate Practice; Commercial Litigation - **Anthony M. Stites: ** Employment Law - Management; Labor Law - Management; Labor Law - Union; Litigation - Labor and Employment - **Robert S. Walters: **Corporate Law; Securities/Capital Markets Law ** ** **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. A description of the selection methodology for inclusion in the publication can be found at [http://www.bestlawyers.com/About/MethodologyBasic.aspx](https://http://www.bestlawyers.com/About/MethodologyBasic.aspx). Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Chapter 13 Bankruptcy | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/chapter-13-bankruptcy ##[Blog](https:///blog) [Back to Bankruptcy and Creditors' Rights Law](https:///blog/business-and-corporate-law/bankruptcy-and-creditors-rights) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/business-and-corporate-law/bankruptcy-and-creditors-rights/chapter-13-bankruptcy) #Chapter 13 Bankruptcy In May of 2015, the Seventh Circuit Court of Appeals held, as a matter of first impression, that a secured creditor must file a proof of claim in a Chapter 13 bankruptcy no later than the deadline set by Bankruptcy Rule 3002(c) in order to be paid pursuant to a debtor's chapter 13 plan. See In re Pajian, 785 F.3d 1161, 1164 (7th Cir. 2015). A creditor that fails to file timely does retain a lien against its collateral, but how the creditor's rights in the collateral can be asserted during the pendency of the Chapter 13 plan is not clearly understood at this point. ![](https:///Data/Accounts/Files/1/b24ab3d3163a85a92ac2302e68d94c7a-bankrupt-gefb92b8fa_640-min.jpg) To add another layer of difficulty, the official bankruptcy proof of claim forms were amended effective December 1, 2015. While the official proof of claim form (now known as Form 410) has not undergone significant changes, the Mortgage Proof of Claim Attachment (Form B 410A) now requires a history of the loan since it first became delinquent, and may be dozens of pages in length. Mortgage loan creditors will want to become familiar with this form long before the deadline for filing approaches. If you have questions regarding Chapter 13 bankruptcy contact a member of [Barrett McNagny's Bankruptcy and Creditors' Rights law](https:///practice-areas/bankruptcy-and-creditors-rights-law). Tagged Attorneys [Michael P. O'Hara](https:///our-people/michael-p-ohara)| # Medical Malpractice Act Amended | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/medical-malpractice/medical-malpractice-act-amended ##[Blog](https:///blog) [Back to Medical Malpractice](https:///blog/litigation/medical-malpractice) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/medical-malpractice/medical-malpractice-act-amended) #Medical Malpractice Act Amended By [William Ramsey](https:///our-people/william-a-ramsey) The Indiana legislature recently amended the Medical Malpractice Act ("MMA") to, among other things, increase the statutory limit on damages that a plaintiff may recover in a medical malpractice case. On its face, this change may sound like a blow to the healthcare community. But although medical malpractice insurance premiums will undoubtedly go up because of these increased limits, the recent amendments to the MMA are actually a net positive for healthcare providers. And even with these amendments, Indiana remains a great place to practice medicine. **Background of the MMA** Indiana's legislature passed the MMA in 1975 to address substantial concerns regarding the increased costs of medical malpractice insurance premiums, which in turn led to more expensive medical care for Indiana citizens. The MMA includes two fundamentally important provisions. The first requires plaintiffs pursuing medical malpractice claims to first bring the claims before a medical review panel made up of three healthcare providers, before filing their case in an Indiana state court. Although patients could, and still can, bring medical malpractice claims in a state court even if a medical review panel concludes that the provider did not act negligently or cause a plaintiff's injury, these panels act as an important tool for assessing medical malpractice claims: they keep some cases that should not be filed out of court and help facilitate the settlement of other cases. Another important aspect of the MMA is the statutory limit on damages a medical malpractice plaintiff can recover. When first passed, the MMA limited a plaintiff's total recoverable damages to $500,000 and limited the amount of an individual provider's liability to $100,000. These numbers increased periodically, as the legislature amended the MMA to keep up with inflation. Prior to the recent amendments, the last change to the cap went into effect in 1999 and set the limits of recovery at $1.25 million, with an individual provider's maximum liability at $250,000. Plaintiffs with claims that were worth more than an individual provider's limit could recover the balance, up to the statutory total limit, from the Indiana Patient's Compensation Fund, an entity established by the MMA that is funded by surcharges added onto healthcare providers' medical malpractice premiums. The recent amendments, which go into effect in July 2017, will increase the total cap on damages to $1.5 million, an increase of $250,000, and will increase the amount an individual provider can be held liable to $400,000, an increase of $150,000. In 2019, the cap on total damages will go up to $1.8 million, and the cap for individual providers will go up to $500,000. **Constitutional Challenges to the MMA** Since enactment of the MMA, attorneys who represent medical malpractice plaintiffs have challenged it, particularly the limits on damages, under a theory that the limits on damages violate the Indiana Constitution's provision allowing all citizens access to the courts. The Supreme Court has upheld the MMA against these challenges. See, e.g., Johnson v. St. Vincent Hospital, 273 Ind. 374, 404 N.E.2d 585 (1980). However, the Court's most recent decision discussing the constitutionality of the MMA's damages cap, Plank v. Community Hospitals of Indiana, Inc., 981 N.E.2d 49 (2013), suggests that, in the appropriate case and on a sufficient showing of changed circumstances since the MMA's enactment, the Court could find the MMA's damages limitations unconstitutional. This opinion has led to fear that, given the right case, the Supreme Court could completely eliminate the protection for Indiana healthcare providers. This fear was not fanciful; other state supreme courts have found limits on damages unconstitutional. For example, Illinois has struck down attempts by the legislature to limit statutory caps on damages. Should the Indiana Supreme Court declare the MMA's limit on damages unconstitutional, the result would be increased medical malpractice premiums, increased risk to healthcare providers' personal assets, increased cost in medical expenses to Indiana citizens, and the loss of an important recruiting tool for Indiana health organizations. This threat has led some prominent healthcare institutions to support attempts to increase the cap on damages. The simple fact is that an increased cap significantly decreases the chances that the cap will be held unconstitutional. Clearly, from the medical community's perspective, a slightly higher cap is significantly better than no cap. **Indiana Compared to Other States** Even with the increases to the MMA's cap on damages, Indiana remains an attractive place to practice medicine. Indiana is one of the few states with a cap on total recoverable damages, and it still provides the procedural tool of a medical review panel, which is not available in all states. The cost of doing business is significantly lower in Indiana than in other states, including our neighbor to the west, Illinois, where medical malpractice insurance premiums dwarf those paid by Indiana healthcare providers. This health-friendly climate allows large institutions as well as smaller providers throughout the state to recruit and retain top talent. Having a high number of quality healthcare providers practicing in our region and throughout the state inherently leads to a better level of healthcare for all Indiana citizens. While some bristled at the idea of the caps on damages increasing even slightly and opposed the amendments, others undoubtedly still believe the increases do not go far enough or that there should be no limits at all on damages. The recent amendments to the MMA were likely a necessary concession and recognition that the current caps, which had not been raised in fifteen years, needed to be modified. Making these amendments and keeping the caps, albeit increasing them, ultimately benefits the health industry and citizenry as a whole. Most importantly, the modifications should not adversely affect Indiana organizations' ability to recruit top talent to practice medicine in our state. If you have questions about the Medical Malpractice Act or need assistance with a medical malpractice issue contact [William Ramsey](https:///our-people/william-a-ramsey) or a member of Barrett McNagny's [medical malpractice](https:///practice-areas/medical-malpractice-defense) team. Tagged Attorneys [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [William A. Ramsey](https:///our-people/william-a-ramsey)| # Divorced Parents Not Required to Pay Education | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/supreme-court-finds-divorced-parents-not-required-to-pay-for-childrens-postgraduate-education-expenses ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/supreme-court-finds-divorced-parents-not-required-to-pay-for-childrens-postgraduate-education-expenses) #​Supreme Court Finds Divorced Parents Not Required to Pay for Children’s Postgraduate Education Expenses #####[Allen v. Allen, No. 13S01-1601-DR-00053 (Ind. June 1, 2016)](https://http://www.in.gov/judiciary/opinions/pdf/06011601shd.pdf) On June 1, 2016, the Supreme Court decided an issue of first impression and significant importance in the area of family law. Specifically, the Court held that Indiana child support statutes regarding divorced parents’ obligations to pay for their adult children’s “postsecondary” educational expenses do not include graduate or professional school expenses. In other words, a court may order divorced parents to share in a child’s undergraduate expenses, but a court may not order divorced parents to share in a child’s graduate, law, medical, or other professional school expenses. In Allen, the divorced parents had an agreed order under which the father was paying for daughter’s undergraduate education expenses and the mother was paying for the daughter’s health insurance. Shortly before the daughter’s graduation from college, the father filed a petition asking the trial court to order that the mother share in the expenses of the daughter’s dental school. The trial court rejected the father’s request and determined that the father was responsible for the daughter’s dental school expenses, less daughter’s contributions through grants, scholarships, or loans. Father appealed the trial court’s decision and the Court of Appeals reversed and remanded the matter to the trial court for an apportionment of the dental school expenses between father, mother, and daughter. The Supreme Court accepted a transfer to interpret Indiana’s educational child support statute, which states: The child support order or an educational support order may also include, where appropriate: - (1) amounts for the child's education in elementary and secondary schools and at postsecondary educational institutions, taking into account: - (A) the child's aptitude and ability; - (B) the child's reasonable ability to contribute to educational expenses through: - (i) work; - (ii) obtaining loans; and - (iii) obtaining other sources of financial aid reasonably available to the child and each parent; and - (C) the ability of each parent to meet these expenses Ind. Code § 31-16-6-2. The Court noted that the Indiana General Assembly has not defined the term “postsecondary educational institutions,” as used in the statute, so the term had to be interpreted by the Court. The Court looked to the General Assembly’s definition of the term in another part of the Indiana Code, which defined the term “approved postsecondary institution” as a “postsecondary educational institution that operates in Indiana and . . . provides an organized two (2) year or longer program of collegiate grade directly creditable toward a baccalaureate degree[.]” Ind. Code § 21-7-13-6(a)(1)(A). The Court found this definition excluded graduate and professional schools and therefore supported the conclusion that the term as used in the child support statute also excluded graduate and professional schools. The Court then recognized that the General Assembly had amended section 31-16-6-2 in 2007 and replaced the phrase “institutions of higher learning” with “postsecondary educational institutions.” The term “institutions of higher learning” would seem to obviously include graduate or professional school. Therefore, the Court found this change in language evidenced an intent that postsecondary education institutions be narrower than all institutions of higher learning. The Court then noted that the child support statutes were recently amended, in 2012, to lower the presumption age for termination of child support from 21 to 19 years old and allowed a child or parent to file a petition for educational needs until the child becomes 21 years old. See Ind. Code § 31-16-6-6. As the Court recognized, although the statute applies only to the timing of the filing of a petition, the statute at least suggests that the payment of educational expenses would not extend beyond a baccalaureate degree, as most students would not start graduate or professional school until they are at least 21 years old. Finally, the Court recognized that Indiana already goes further than most states by allowing for orders requiring parents to pay education expenses after a child reaches the age of majority. While the Court held that the education child support statute does not give a trial court authority to order parents to pay for graduate or professional school, the Court also made two important observations. First, the Court recognized that its interpretation of the statute does not “limit the trial court’s ability to order divorced parents to pay for an education that is less than a baccalaureate degree.” The Court specifically stated that trial courts can order divorced parents to pay for trade school or associate’s degree programs. Second, the Court explained that parents can still enter into agreements regarding payment for graduate or professional school expenses and that trial courts have the authority to enforce such agreements. It is worth noting that the Supreme Court did not consult dictionaries when interpreting the statute, as courts generally do when interpreting terms in statutes, See, e.g., Brown v. State, 868 N.E.2d 464, 467 (Ind. 2007). Also, it is interesting to note that the U.S. Department of Education includes graduate school under the umbrella of the Office of Postsecondary Education (OPE). The OPE explicitly states that OPE’s [“support for students continues through graduate school.”](https://http://www2.ed.gov/about/offices/list/ope/opeprogramguide.html ) Further, federal regulations define “postsecondary education” broadly: “Postsecondary education means education beyond the secondary school level.” 34 C.F.R. § 643.7. Indiana’s Division of Disability and Rehabilitative Services has incorporated this federal definition into regulations, see 460 Ind. Admin. Code § 14-3-1, and the Department specifically allows for assistance for graduate or postgraduate studies under certain circumstances, see 460 Ind. Admin. Code § 14-18-11. Also, while the Court looked to one Indiana statute’s definition, other Indiana statutes indicate that the term “postsecondary” includes graduate programs. For example, the statute establishing qualifications for Indiana’s transition to teaching program requires an individual to have one of the following qualifications: 1. A bachelor's degree or the equivalent with a grade point average of at least three (3.0) on a four (4.0) point scale from an accredited postsecondary educational institution in the subject area that the individual intends to teach. 1. A graduate degree from an accredited postsecondary educational institution in the subject area or a related field that the individual intends to teach. Ind. Code § 20-28-4-5(1). This statute unambiguously indicates that one can earn a graduate degree from a postsecondary educational institution. Another Indiana statute indicates that a medical school is a postsecondary education institution. See Ind. Code § 16-21-6-0.2 (defining education-related costs to include the “provision of scholarships and funding to medical schools and other postsecondary educational institutions for health professions education”). The Indiana statute defining “college or university,” for purposes of Title 21, also indicates that an institution that offers graduate studies is a postgraduate institution. “College or university” means a postsecondary educational institution that meets the following requirements: 2. Is authorized by law to provide a program of education beyond the high school level.Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate.Provides an educational program: 2. for which the higher education institution awards a baccalaureate or an associate degreein which admission is contingent upon the prior attainment of a baccalaureate degree or the equivalent, for which the higher education institution: - (ii) provides not less than a two (2) year program that is acceptable for full credit toward a postgraduate degree; or - (i) awards a postgraduate degree; orof a two (2) year duration in engineering, mathematics, or the physical or biological sciences, that is designed to prepare the student to work as a technician and at a semiprofessional level in an engineering, a scientific, or other technological field that requires the understanding and application of basic engineering, scientific, or mathematical principles or knowledge.Is accredited by a regional accrediting agency or association or by an organization recognized by the United States Department of Education, or, if not so accredited is an institution whose credits are accepted on transfer by not less than three (3) institutions that are accredited by a regional accrediting agency or association or by an organization recognized by the United States Department of Education, with the credits accepted on the same basis as if the credits were transferred from an accredited institution. Ind. Code § 21-7-13-10. It is also worth noting that the statute on which the Supreme Court relied, section 21-7-13-6, defined “approved postsecondary education institution,” while the child support statute refers only to a “postsecondary education institution.” Section 21-7-13-6 was obviously meant to address the modifier “approved,” as the definition starts by defining the term as “a postsecondary education institution . . .” Further, the definition of “approved postsecondary education institution” specifically includes several institutions that offer graduate or other post-baccalaureate degrees, including Indiana University, where the daughter in Allen planned on attending dental school. See Ind. Code § 21-7-13-6(1)(C). Regardless of the solidity of grounds that led the Supreme Court to reach its conclusion, unless the Indiana General Assembly decides to define “postsecondary education institution” in the education child support statute, the Court has spoken and addressed a point of ambiguity in an important statute. This decision will provide clarity for trial courts and certainty for divorcing and divorced parties and their attorneys moving forward. # Defend Trade Secrets Act of 2016 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/defend-trade-secrets-act-of-2016 ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/defend-trade-secrets-act-of-2016) #Defend Trade Secrets Act of 2016 In late April, the United States Congress passed the Defend Trade Secrets Act of 2016 (DTSA). The DTSA became effective on May 11, 2016, the date President Obama signed the Act into law and applies to any trade secret misappropriation that occurs on or after that date. Under the new Act, companies will now be able to file civil claims in federal courts defending their trade secrets against misappropriation by others. Prior to the DTSA's enactment, those with trade secret rights had to rely solely on state laws to protect their trade secrets, even though those laws could vary from state to state. While earlier federal law criminalized certain trade secret misappropriations, it did not provide a private civil cause of action. The new legislation is aimed at providing businesses with a more reliable and predictable way to protect their trade secrets. Under the DTSA, a trade secret owner will be able to file a civil action in a U.S. District Court seeking to enjoin trade secret misappropriation and for damages based on a uniformly applicable law which is more protective than some existing state laws. Damages that an owner can recover include: - (1)compensatory damages based on the actual loss caused by the misappropriation; - (2)compensatory damages based on any unjust enrichment caused by the misappropriation; - (3)in lieu of damages measured by other methods, a reasonable royalty for the misappropriator's unauthorized disclosure or use of the trade secret; and - (4)if the court finds willful and malicious misappropriation, enhanced damages up to twice the damages award as well as an award of attorney's fees. Trade secret issues can often arise in litigation to enforce a non-compete, where an employee with knowledge of or access to trade secret information leaves and joins a competitor or starts his own competing business. While the DTSA would be applicable to the trade secret, it does not impact the state law applicable to the non-compete agreement and does not create a non-compete agreement where one did not previously exist. Under the DTSA, a court may issue an injunction to prevent any actual or threatened misappropriation of trade secrets. But the injunction cannot "prevent a person from entering into an employment relationship." Conditions on a person's employment can be part of any injunctive relief under the DTSA, but only if there is evidence of threatened misappropriation; by itself, the mere fact that a person knows trade secret information is not sufficient. What conditions are permissible will likely vary from jurisdiction to jurisdiction based on any applicable state laws governing the "restraints on the practice of a lawful profession, trade or business." The DTSA includes an immunity provision to protect individuals who reveal trade secrets to government officials or attorneys for the purposes "of reporting or investigating a suspected violation of law." Employers are required to provide notice of this immunity "in any contract or agreement with an employee that governs the use of a trade secret or other confidential information." This notification requirement applies to all contracts or agreements entered into or updated after the date of enactment of the DTSA, May 11, 2016. The DTSA also includes an ex parte civil seizure provision allowing courts to seize property where "necessary to prevent the propagation or dissemination of the trade secret that is the subject of the action." The Act specifically directs this remedy to be issued "only in extraordinary circumstances" and seizure can only occur where a court is presented specific facts from which it clearly appears such extraordinary relief is warranted. The Act includes various protections for the person or entity from which property is seized, including that the party seeking seizure post adequate security against damages. For questions on how the DTSA could impact your business or employment policies, contact a member of Barrett McNagny's Employment Group. For questions about protecting your trade secrets or other intellectual property contact Jeremy Gayed of Barrett McNagny's Intellectual Property Law Group. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Family Medical Leave Act Poster and Employer Guide | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/family-medical-leave-act-poster-and-employer-guide ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/family-medical-leave-act-poster-and-employer-guide) #Family Medical Leave Act Poster and Employer Guide The Department of Labor recently released an updated poster and a new Employer's Guide about the Family and Medical Leave Act. [The updated poster](https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fmlaen.pdf) is designed to be easier to read and understood by employees. It is not a requirement to post the updated poster, but it is recommended so employees have a clear understanding of their FMLA rights. The new Guide is entitled "[Employer's Guide to the Family and Medical Leave Act](https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employerguide.pdf),". The Guide covers the subjects of: - Covered Employers under the FMLA and their General Notice Requirements; - When an Employee Needs FMLA Leave; - Qualifying Reasons for Leave; - The Certification Process; - Military Family Leave; - Issues During an Employee's FMLA Leave; and - FMLA Prohibitions. It should be understood that this Guide expresses the opinion of the DOL. While it may be a good starting point for employers, it is not necessarily the final word on a given matter. A court could disagree with the DOL's interpretation. Employers should contact legal counsel with any questions concerning FMLA and its application and interpretation in the workplace. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Phase 2 of HIPAA Audit Program Launches | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/health-care/phase-2-of-hipaa-audit-program-launches ##[Blog](https:///blog) [Back to Health Care Law](https:///blog/health-care) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/health-care/phase-2-of-hipaa-audit-program-launches) #Phase 2 of HIPAA Audit Program Launches #####Below is a release from the Office for Civil Rights (OCR) regarding the 2016 Phase 2 HIPAA Audit Program. If you have any questions regarding HIPAA Privacy, please consult one of the attorneys from [Barrett McNagny's Health Care Group](https:///practice-areas/health-care-law). As a part of its continued efforts to assess compliance with the HIPAA Privacy, Security and Breach Notification Rules, the HHS Office for Civil Rights (OCR) has begun its next phase of audits of covered entities and their business associates. Audits are an important compliance tool for OCR that supplements OCR's other enforcement tools, such as complaint investigations and compliance reviews. These tools enable OCR to identify best practices and proactively uncover and address risks and vulnerabilities to protected health information (PHI). In its 2016 Phase 2 HIPAA Audit Program, OCR will review the policies and procedures adopted and employed by covered entities and their business associates to meet selected standards and implementation specifications of the Privacy, Security, and Breach Notification Rules. These audits will primarily be desk audits, although some on-site audits will be conducted. The 2016 audit process begins with verification of an entity's address and contact information. An email is being sent to covered entities and business associates requesting that contact information be provided to OCR in a timely manner. OCR will then transmit a pre-audit questionnaire to gather data about the size, type, and operations of potential auditees; this data will be used with other information to create potential audit subject pools. If an entity does not respond to OCR's request to verify its contact information or pre-audit questionnaire, OCR will use publically available information about the entity to create its audit subject pool. Therefore an entity that does not respond to OCR may still be selected for an audit or subject to a compliance review. Communications from OCR will be sent via email and may be incorrectly classified as spam. If your entity's spam filtering and virus protection are automatically enabled, we expect entities to check their junk or spam email folder for emails from OCR. The audit program is developing on pace and OCR is committed to transparency about the process. OCR will post updated audit protocols on its website closer to conducting the 2016 audits. The audit protocol will be updated to reflect the HIPAA Omnibus Rulemaking and can be used as a tool by organizations to conduct their own internal self-audits as part of their HIPAA compliance activities. OCR's audits will enhance industry awareness of compliance obligations and enable OCR to better target technical assistance regarding problems identified through the audits. Through the information gleaned from the audits, OCR will develop tools and guidance to assist the industry in compliance self-evaluation and in preventing breaches. We will evaluate the results and procedures used in our phase 2 audits to develop our permanent audit program. To learn more about OCR's Phase 2 Audit program, please visit our website. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [William A. Ramsey](https:///our-people/william-a-ramsey)| # Transgender Discrimination & Title VII | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/connecticut-federal-district-court-holds-discrimination-on-the-basis-of-transgender-identity-is-prohibited-by-title-vii ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/connecticut-federal-district-court-holds-discrimination-on-the-basis-of-transgender-identity-is-prohibited-by-title-vii) #Connecticut Federal District Court Holds Discrimination on the Basis of Transgender Identity Is Prohibited by Title VII. Published March 2016 By: [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) A few weeks ago the EEOC had filed cases indicating sexual orientation is covered by Title VII as a form of sex discrimination. In a closely related case, a federal district court in Connecticut held that an employer discriminating on the basis of an individual's transgender identity would also violate Title VII. In its decision, the court cited dictionaries as far back as Samuel Johnson's 1755 A Dictionary of the English Language on the meaning of the word "sex," and considered transgender cases from 1977 to the present. On the basis of the statute's language and prior case law, the court concluded that employment discrimination on the basis of transgender identity is discrimination "because of sex" and therefore violates Title VII. The court denied a Hospital's motion for summary judgment finding a job applicant who first presented as a male physician made a prima facie case of sex discrimination when the Hospital failed to hire the physician once the physician disclosed he would be transitioning to and would work as a female. (Fabian v. Hospital of Central Connecticut, No. 3:2012cv01154, decided March 18, 2016). The case also addressed the issue of independent contractor vs. employee. The Hospital/ Employer asserted the position it sought to fill was for an independent contractor and therefore its hiring decision was not subject to Title VII. The Applicant, Dr. Fabian, argued that the position was more closely aligned with that of an employee. The court refused to determine the question on summary judgment, finding the Hospital could not show as a matter of law that the position it sought to fill was that of an independent contractor. If you have any questions concerning the development and the clear movement of the courts towards protecting employees on the basis of their sexual orientation or transgender status, please do not hesitate to contact a Barrett McNagny lawyer. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Firm Attorneys in Indiana 2016 Super Lawyers | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2016 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2016) #Firm Attorneys Recognized in Indiana Super Lawyers Publication 2016 **Barrett McNagny ****LLP** is proud to announce its listing in Indiana Super Lawyers for 2016. The following attorneys were selected for inclusion in their respective practice areas: **Kevin K. Fitzharris- **Civil Litigation: Defense **Thomas A. Herr- **Business Litigation **N. Thomas Horton- **Employee Benefits **James Koday**- Estate Planning & Probate **Robert T. Keen, Jr.- **Business Litigation **Thomas M. Kimbrough- **Employment & Labor **Patrick G. Murphy- **Business Litigation **Cathleen M. Shrader- **Business Litigation **Anthony M. Stites- **Employment & Labor **Roberts S. Walters - **Securities & Corporate Finance The following attorneys were selected for inclusion as 2016 Indiana Rising Stars: **Benjamin D. Ice -** Medical Malpractice Defense **William A. Ramsey -** Civil Litigation Defense Super Lawyers is a Thomson Reuters business and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Masters v. Masters | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/masters-v-masters-ne-3d-2015-wl-6107845-ind-oct-16-2015 ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/masters-v-masters-ne-3d-2015-wl-6107845-ind-oct-16-2015) #Masters v. Masters, ---N.E. 3d---,2015 WL 6107845 (Ind. Oct. 16, 2015)* **Masters v. Masters, --- N.E.3d ---, 2015 WL 6107845 (Ind. Oct. 16, 2015)**[[1]](https://#_ftn1) In Masters, the Indiana Supreme Court vacated the decision of the Indiana Court of Appeals, Masters v. Masters, 20 N.E.3d 158 (Ind. Ct. App. 2014), trans. granted, and reinstated an award of attorney’s fees awarded to the Mother in a proceeding under the Family Law Arbitration Act (“FLAA”). The Indiana Supreme Court held that the standard of review of a decision issued under the FLAA is the same standard of appellate review applicable to trial court decisions in marriage dissolution cases. Nevertheless, the Indiana Supreme Court affirmed the award of attorney’s fees to Mother. The parties in Masters were married in 1993 and were the parents of one child. After initiation of dissolution proceedings, the parties signed an agreement to submit to arbitration pursuant to the FLAA. The arbitrator dissolved the marriage, divided the marital assets, and ordered Father to pay $95,000 of Mother’s attorney’s fees. Father appealed the award of attorney’s fees. The Court of Appeals reversed. The Court of Appeals held that the arbitrator’s award of attorney’s fees was clearly erroneous because the findings did not demonstrate Father’s ability to pay the attorney’s fees assessed against him. Specifically, the Court of Appeals held that the award of attorney’s fees was $1,000 more than the Father’s share of the “valued portion” of the marital estate. Mother argued that there was evidence submitted to the arbitrator regarding a valuable coin collection including its appraised value and that Father’s estimated share of the coin collection (which exceeded the fee award) demonstrated his ability to pay the assessed attorney’s fees. The Court of Appeals disagreed, holding that the arbitrator found the coins had an “unknown value”, that the arbitrator found the Father should not be compelled to auction his coins, and that the Court would not speculate on the value or hold that the arbitrator intended for the Father to use his share of the coins to satisfy the attorney’s fees award. The Supreme Court granted transfer and vacated the decision of the Court of Appeals. The Supreme Court first held that the standard of review applicable to an arbitrator’s findings and conclusions under the FLAA is not the highly deferential and narrow standard of review applied by the Uniform Arbitration Act (“UAA”). Rather, the standard of review of an arbitrator’s findings and conclusions under the FLAA is the same “clearly erroneous” standard applicable to a decision of the trial court under similar circumstances. However, the Indiana Supreme Court held that it would consider the sizable coin collection in determining whether the arbitrator’s award of attorney’s fees was clearly erroneous. The Court found that, when considering the coin collection, the arbitrator’s fee award was not against the logic of the circumstances before her, that the award was supported by the findings, and that the Father “failed to show clear error that leaves [the Court] with a definite and firm conviction that a mistake has been made.” Masters is notable because it is the first case to specifically and definitively establish the standard of review of an arbitrator’s findings of fact and conclusions of law under the FLAA. Even though an arbitrator is often not a judge and the proceedings under the FLAA are intended to be streamlined, the same standard of review will apply to an arbitrator’s findings and conclusions as if the case had proceeded traditionally with the trial court ultimately issuing a judgment. However, even though findings and conclusions of a family law arbitrator do not enjoy the same deferential standard granted to arbitrators under the UAA, an award of attorney’s fees under the FLAA still lies within the sound discretion of the arbitrator. - Author: [Michael Michmerhuizen](https:///our-people/michael-h-michmerhuizen) [[1]](https://#_ftnref1) * In the interest of full disclosure, the author represented the Mother in the proceedings before the Indiana Court of Appeals and the Indiana Supreme Court. # Cleveland Range vs. Lincoln Fort Wayne Associates | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/cleveland-range-llc-vs-lincoln-fort-wayne-associates-llc ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/cleveland-range-llc-vs-lincoln-fort-wayne-associates-llc) #Cleveland Range, LLC vs. Lincoln Fort Wayne Associates, LLC The Indiana Supreme Court recently denied transfer in the matter of [Cleveland Range, LLC v. Lincoln Fort Wayne Associates, LLC,](https://http://www.in.gov/judiciary/opinions/pdf/09041502mm.pdf) No. 2A05–1503–PL–96, ___ N.E.3d ___ , 2015 WL 5172888 (Ind. Ct. App. Sept. 4, 2015) [[1]](https://#_ftn1) thereby leaving the Court of Appeals’ decision in place. The Court of Appeals’ decision is important for two of its holdings, one regarding appellate procedure and one regarding pre-litigation depositions. The Cleveland Range case involved an appeal of a trial court order allowing Lincoln, a prospective plaintiff, to depose non-party witnesses for the purpose of preserving their testimony for potential environmental litigation. Lincoln made its request pursuant to Indiana Trial Rule 27, which allows such depositions under certain circumstances. In a matter of first impression, the Court of Appeals held that these orders are final and, therefore, are appealable as of right. The Court’s brief explanation, contained in the opinion’s first footnote, is as follows:[[2]](https://#_ftn2) No Indiana decision appears to have addressed when we have jurisdiction over such matters, but we have noted that the rule closely parallels the federal rule of procedure governing the perpetuation of testimony in advance of litigation. Where a state trial rule is patterned after a federal rule, we will often look to the authorities on the federal rule for aid in construing the state rule. Sowers v. Laporte Superior Court, No. II, 577 N.E.2d 250, 252 (Ind. Ct. App. 1991). A Rule 27(a) order is deemed final because it is the only matter pending in the district court at a time when no complaint has yet been filed. Ash v. Cort, 512 F.2d 909, 912 (3d Cir. 1975). Unlike the usual discovery motion, the denial or grant of which has been considered interlocutory and non-appealable, motions to perpetuate testimony must be judged by different standards. Id. An order authorizing depositions is a final order when, as here, it grants all the relief sought in the petition and disposes of the proceeding. Id. This decision relied on the Third Circuit’s approach, a view shared by some other jurisdictions as well. See, e.g., Mosseller v. United States, 158 F.2d 380, 383 (2d Cir. 1946); Holland v. Courtesy Corp., 563 So. 2d 787, 789-90 (Fla. Dist. Ct. App. 1990). Other jurisdictions take the view that orders regarding pre-litigation depositions are not final orders and must be appealed through the process for interlocutory orders. See, e.g., Frye v. Massie, 450 N.E.2d 411, 414-15 (Ill. App. Ct. 1983); Sunrise Hosp. v. Dailey, 860 P.2d 162, 163 (Nev. 1993); In re Bejarano, 583 N.E.2d 379, 381 (Ohio Ct. App. 1989). Indiana now falls squarely into the former camp. The second aspect of the Cleveland Range decision involved the propriety of the trial court’s order allowing Lincoln to take pre-litigation depositions. The Court noted the liberal approach that Indiana takes to pre-litigation depositions and the discretion that trial courts have when deciding whether to allow such depositions. The Court also noted that, although Indiana does have an impediment requirement (that is, the party seeking to take a deposition must show some impediment to filing a suit at that time), “there may be a case in which perpetuation of testimony is proper even though the petitioner is not technically precluded from initiating the lawsuit.” Cleveland Range, 2015 WL 5172888 at *3; Slip Opinion at 6 (quoting U.S. Fid. & Guar. Ins. Co. v. Hartson-Kennedy Cabinet Top Co., 857 N.E.2d 1033, 1037-38 (Ind. Ct. App. 2006)). The Court found that allowing Lincoln to take the depositions was appropriate, as tactical reasons existed for not filing suit and there was “ample evidence supporting [Lincoln’s] expectations to be a party to a suit.” Cleveland Range, 2015 WL 5172888 at *3; Slip Opinion at 7. The Court then clarified the scope of a Trial Rule 27 deposition. The Court explained that a Rule 27 deposition is not a substitute for discovery, but noted that some discovery is permissible under the Rule. See Cleveland Range, 2015 WL 5172888 at *4 n.3; Slip Opinion at 8 n.3 (“[D]iscovery is allowed under Rule 27(A) – but its scope is not as broad as that available under Rule 26.”). Finally, the Court found that Lincoln had sufficiently shown that allowing the depositions could prevent a failure or delay of justice. The Court noted the witnesses’ ages (sixty-seven to seventy-eight) and the amount of time that environmental remediation could take. Cleveland Range, 2015 WL 5172888 at *4; Slip Opinion at 9. This decision relied on existing Indiana case law when ruling on the adequacy of Lincoln’s petition and reviewing the trial court’s discretionary decision. But the decision clarifies some of the finer points of Indiana’s approach to Trial Rule 27 depositions and provides guidance to prospective litigants who have legitimate reasons or impediments to bringing a lawsuit but want to preserve evidence in case litigation becomes necessary. Therefore, the decision is notable for both appellate practitioners and litigators in general. [[1]](https://#_ftnref1) For purposes of full disclosure, Barrett McNagny attorneys Tom Herr and Will Ramsey, the author of this piece, represented Lincoln on appeal. [[2]](https://#_ftnref2) The fact that the Court decided this issue in a footnote reinforces this author’s position, stated in a 2010 article, that judges use footnotes to decide important issues and that judicial statements in a footnote carry the same precedential value as statements in the body of an opinion. See William A. Ramsey, Taking Note of Footnotes: The Precedential Value of Footnotes in Judicial Opinions, Res Gestae (Sept. 2010). # Employers Pushed for 1095s | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/employers-getting-pushed-for-1095s-despite-deadline-extension ##[Blog](https:///blog) [Back to Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/employers-getting-pushed-for-1095s-despite-deadline-extension) #Employers Getting Pushed for 1095s Despite Deadline Extension By: Thomas J. Markle & Sarah Wladecki With the February 1 deadline for distributing Form W-2 to employees rapidly approaching, several employers, particularly those sponsoring self-funded health plans, have reported receiving demands from tax preparers and employees (undoubtedly eager to receive a tax refund) for the new Affordable Care Act ("ACA") Form 1095. On December 28, 2015, in IRS Notice 2016-4, the IRS pushed back the date employers must distribute Form 1095, which was originally due when the Form W-2 is due. [Read IRS Notice 2016-4](https://www.irs.gov/pub/irs-drop/n-16-04.pdf). Self-funded employers now have until March 31, 2016, to send the Form 1095 to employees notifying them of their health care coverage for 2015. Under the ACA, every individual must report on his or her individual tax return whether or not he or she (and applicable dependents) have qualifying health insurance coverage in the previous year and, if so, what coverage existed. Beginning with the 2015 calendar year, this information is required to be reported to the IRS and to employees by employers or their health insurance providers. Although the deadline extension is widely known by employers, many employees are unaware of the delay. The decision by the IRS to delay the reporting date was welcome news for employers, many of whom are struggling with the new complicated and unfamiliar process. However, employees are now realizing that in order to fill out their tax returns - and get their refunds - they need the information from Form 1095. IRS and Treasury officials anticipated the resulting pressure and, on January 11, 2016, posted Q&As directed to individuals explaining the Form 1095 delay implications and gave limited relief, under certain conditions, which would permit employees to go ahead and file their individual tax returns without the Form 1095. [Read the IRS guidance on From 1095](https://www.irs.gov/Affordable-Care-Act/Questions-and-Answers-about-Health-Care-Information-Forms-for-Individuals). Since the requirements are complicated, employers would be well advised to direct employee questions/demands concerning Form 1095 to the IRS website or the employee's tax advisor. If you need any assistance with these issues, please feel free to contact any member of our [employee benefits team.](https:///practice-areas/employee-benefits-law) # Indiana Protective Order Law Amended | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/indiana-protective-order-law-amended ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/indiana-protective-order-law-amended) #Indiana Protective Order Law Amended By: [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites) A little-noticed bill signed into law on May 5, 2015, provides new protections in the workplace for victims of domestic violence. However, the amendment to the Indiana Code could also limit an employer's ability to provide a safe working environment for all employees. The Amendment prohibits employers in Indiana from firing an employee for filing a petition for a protective order or for actions of the employee's abuser. Thus an incident of violence or harassment taking place at the employment location by an employee's abuser cannot be the basis for discipline or termination of the employee. Likewise, the fact that an employee secures a protective order cannot be the basis for any adverse action as against that employee, even if the protective order impacts the workplace. However, the employee and employer are free to mutually agree to change the employee's work site, compensation, benefits, or other term or condition of employment in response to the filing of the protective order. Prior to this Amendment, employees taking out protective orders, or having personal situations result in incidents of disruption at the workplace, could lose their jobs and likely have no claim as against the employer. The goal of the Amendment is to increase the likelihood of a victim retaining their job and thereby increasing the chances of getting out of a violent situation, most commonly of a domestic nature. Employers should proceed with caution in these situations, as they are responsible for providing a safe environment for all employees. Employers should have policies in place that encourage a safe environment. Employers should also consider security measures that make it more difficult for an abuser to gain access to the workplace. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Affordable Care Act "Cadillac Tax" Delayed | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/affordable-care-act-cadillac-tax-delayed ##[Blog](https:///blog) [Back to Employee Benefits Law](https:///blog/labor-and-employment-law/employee-benefits) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/employee-benefits/affordable-care-act-cadillac-tax-delayed) #Affordable Care Act "Cadillac Tax" Delayed As a result of last-minute negotiations by both political parties, billions of dollars of tax breaks have been thrown into the budget bill that was passed by both the House and the Senate on Friday, December 18. President Obama signed the bill the same afternoon. One such break is a two-year delay of the "Cadillac tax", a tax which would have affected over half the group health plans in the country, beginning 1/1/2018, by imposing a 40% nondeductible tax on insurers and employers. The two-year delay (until 1/1/2020) gives employers much-needed breathing room from this aspect of the Affordable Care Act. The bill also delays the tax on medical device manufacturers for two years. If you have any questions, please contact any member of our [employee benefits group](https:///practice-areas/employee-benefits-law). # Indiana Veteran's Preference Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/indiana-veterans-preference-law ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/indiana-veterans-preference-law) #Indiana Veteran's Preference Law Published November 2015 With Veterans Day upon us, businesses may be considering ways to benefit this community. The good news for those companies is that the state recently provided some additional incentives to hiring qualified vets. Indiana recently enacted a Veterans' Preference Law which became effective July 1, 2015. Private employers in Indiana are now allowed to implement a Veterans' preference employment policy providing preference to covered Veterans over other qualified applicants or employees when it comes to hiring, promotion, and/or retention during a reduction in workforce. The statute provides that a private employer, in Indiana, may give preference to a Veteran in hiring or promoting without violating Indiana state, and local, fair employment laws. To qualify, the Veteran must have served in the military and received a release from the military on a basis other than a dishonorable discharge. This includes service for any of the U.S. Armed Forces, the Indiana Army National Guard, and the Indiana Air National Guard. For an employer to utilize this new law, the employer must implement a written policy and apply it uniformly to employment decisions involving hiring, promotion, and/or retention during any reduction in workforce. Further, the Indiana Statute dictates that the policy cannot violate any existing collectively bargained agreement, the National Labor Relations Act, nor the Uniform Service Employee Return to Work Act. Open for debate is how the implementation of such a policy impacts federally protected statuses such as age, race, sex, national origin, religious beliefs, genetic information and the like. However, this new law is a State law, and the general rule is that State laws cannot override Federal laws. The law appears to be targeted towards small employers with 14 or fewer employees. Time will tell whether larger employers will be willing to run the risk of receiving Federal law based suits that claim the Indiana law is in conflict with Federal laws. Therefore, employers with fifteen or more employees may be substantially limited in any attempt to establish a policy based solely upon this Indiana law. - Published 11/13/2015, Greater Fort Wayne Business Weekly editorial page Tagged Attorneys [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Stites & Dekko Recognized as Persons of the Year | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/notre-dame-club-of-fort-wayne-recognizes-anthony-stites-and-erika-dekko-as-a-persons-of-the-year ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/notre-dame-club-of-fort-wayne-recognizes-anthony-stites-and-erika-dekko-as-a-persons-of-the-year) #Notre Dame Club of Fort Wayne Recognizes Anthony Stites and Erika Dekko as a Persons of the Year The Notre Dame Club of Fort Wayne/Northeast Indiana has awarded Anthony M. Stites, partner with Barrett McNagny LLP, and Erika Dekko, owner of Dekko Investment Services with the Club's 2015 Persons of the Year award. The award is bestowed upon individuals who have displayed outstanding philanthropic and civic involvement, leadership, and professional advancement. Anthony Stites, received his J.D. in 1988 from the University of Notre Dame, concentrates his legal practice in the area of labor and employment law representing business entities in all facets of their employment matters. He currently serves on the YWCA and Blue Jacket Inc. boards of directors and was selected a Paul Harris Fellow for his lifetime contributions to the not-for-profit sector. Erika Dekko, a 2000 graduate of Notre Dame's executive master's of business administration program is the owner of Dekko Investment Services and a certified financial planner. She has been active with the Cole Center Family YMCA, Oak Farm Montessori School, the Dekko Foundation, Freedom Academy and many other community activities, including the Light the Night Walk in support of the Leukemia & Lymphoma Society of Northeast Indiana. In 2014, she was named Kendallville's Citizen of the Year. Anthony Stites concentrates his practice in the areas of: [Alternative Dispute Resolution](https://www.barrettlaw.com/practice-areas/alternative-dispute-resolution), [Labor Relations and Employment Law](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law), [Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services), and [Worker's Compensation Law](https://www.barrettlaw.com/practice-areas/workers-compensation). Tagged Attorneys [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Barrett McNagny LLP Named in 2016 "Best Law Firms" Rankings Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2016-best-law-firms-rankings ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-llp-listed-in-2016-best-law-firms-rankings) #Barrett McNagny LLP Listed in 2016 "Best Law Firms" Rankings **Barrett McNagny ****LLP** is proud to announce that the firm was ranked in the 2016 "Best Law Firms" rankings by **U.S. News Media Group** and **Best Lawyers®**. The firm was recognized for its first-tier ranking in the Fort Wayne area in the following practice areas: -Commercial Litigation -Corporate Law -Employee Benefits (ERISA) Law -Tax Law -Trusts and Estates Law These rankings showcased less than 10,000 law firms across the country. Firms were often separated by small or insignificant differences in overall score, so a tiering system, rather than a sequential system is used. The first tier ranking includes those firms that scored within a certain percentage of the highest-scoring firm(s); the second tier, those firms that scored within a certain percentage of the next highest scoring firm(s), etc. The number of tiers included in each practice area or metropolitan area varies. **Best Lawyers® **is the oldest peer-review publication in the legal profession. For over a quarter century, the company has helped lawyers and clients find legal counsel in distant jurisdictions or unfamiliar specialties. U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| [Jeffrey M. Woenker](https:///our-people/jeffrey-m-woenker)| # Article on contractual liability exclusions | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/article-on-contractual-liability-exclusions ##[Blog](https:///blog) [Back to Litigation](https:///blog/litigation) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/article-on-contractual-liability-exclusions) #Article on contractual liability exclusions William Ramsey authors article titled "DTCI: Indiana adopts the majority view on contractual liability exclusions" for The Indiana Lawyer. [Click here for the article.](https://http://www.theindianalawyer.com/dtci-indiana-adopts-the-majority-view-on-contractual-liability-exclusions/PARAMS/article/38515) Tagged Attorneys [William A. Ramsey](https:///our-people/william-a-ramsey)| # Ball State v. Irons & Ferguson v. Estate of Ferguson | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/interlocutory-appeals-ball-state-v-irons-and-ferguson-v-estate-of-ferguson ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/interlocutory-appeals-ball-state-v-irons-and-ferguson-v-estate-of-ferguson) #​Interlocutory Appeals: Ball State v. Irons and Ferguson v. Estate of Ferguson In **Ball State University v. Irons**, 27 N.E.3d 717 (Ind. 2015), the **Indiana Supreme Court** held that the appellant, Ball State University was entitled to take an **interlocutory appeal** of an order compelling the university to release a student transcript. Ball State appealed the order under **Appellate Rule** 14(A)(3), which allows parties to appeal, as of right and without seeking **certification** from the trial court and permission from the Court of Appeals, orders “[t]o compel the delivery or assignment of any securities, evidence of debt, documents or things in action . . .” It is well-established that Rule 14(A)(3) does not create an appeal as of right for every order requiring production of documents during **discovery**. For example, orders requiring parties to execute medical release forms and produce copies of documents are not appealable as of right. **Rausch v. Finney**, 829 N.E.2d 985, 985-86 (Ind. Ct. App. 2005), trans. denied; **Cua v. Morrison**, 600 N.E.2d 951, 953-54 (Ind. Ct. App. 1992), trans. denied. The Supreme Court noted, however, that Ball State had a common law **lien** over the transcript it was ordered to produce and that requiring Ball State to produce the transcript forced Ball State to forfeit its lien. Based on these circumstances, the Court found that the order for production carried a financial and legal consequence akin to a **final judgment** and was immediately appealable. ![](https:///Data/Accounts/Files/1/769fec1a439084799fe71d8f46ccd4dc-books-g633bf7775_640.jpg) In **Ferguson v. Estate of Ferguson**, --- N.E.3d ---, 2015 WL 4397640 (Ind. Ct. App. 2015), the **Indiana Court of Appeals** addressed an appeal of an order requiring the appellant to post a bond. The appellant argued that the order was appealable as of right under **Indiana Appellate Rule** 14(A)(1), which allows appeals of orders “for the payment of money.” The bond at issue was for $1 million. The Court of Appeals noted that if the appellant’s claim was valid “it will do him little good if he cannot afford to pursue the litigation further because of the bond he has been ordered to post.” The Court, therefore, agreed that the order was appealable as of right. Both the Supreme Court in Ball State and the Court of Appeals in Ferguson emphasized that the appealed orders carried financial consequences “akin to those more typically found in final judgments.” The Court of Appeals has previously stated that this language does not create its own category of appealable orders, and “simply categorizes those orders that already are appealable as of right under the rule.” Allstate Ins. Co. v. Scroghan, 801 N.E.2d 191, 195 (Ind. Ct. App. 2004). But the following statement in Ball State calls this principle into question: [T]he trial court's order directing Ball State to release the transcript to Daughter thereby forfeiting its lien carries financial and legal consequences akin to those more typically found in final judgments. The order was thus appealable as of right under Appellate Rule 14(A)(3). Ball State, 27 N.E.3d 722. # 2017 "Lawyers of the Year" Attorneys | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/attorneys-recognized-as-lawyers-of-the-year-in-best-lawyers-in-america) #Attorneys Recognized as "Lawyers of the Year" in Best Lawyers® in America **Barrett McNagny ****LLP** is proud to announce that three firm attorneys were selected by their peers for inclusion in **The Best Lawyers in America® 2017 **as "Lawyer of the Year" in their respective practice areas. - [Richard E. Fox](https:///our-people/richard-e-fox) was selected "Lawyer of the Year," Fort Wayne, in the area of Corporate Law. - Thomas A. Herr was selected as "Lawyer of the Year," Fort Wayne, in the area of Insurance Law. - [Anthony M. Stites](https:///our-people/anthony-m-stites) was selected as "Lawyer of the Year," Fort Wayne, in the area of Employment Law - Management. They received this distinction based upon peer ratings. Only a single lawyer in each practice area in each community annually is honored as a "Lawyer of the Year." **Best Lawyers®** is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers®** to rank U.S. law firms. [](https://www.bestlawyers.com/methodology) [Read about the selection methodology for inclusion in the publication](https://www.bestlawyers.com/methodology). Tagged Attorneys [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| # In re Adoption of O.R. One Year Later | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/untimely-notices-of-appeal-in-re-adoption-of-or-one-year-later ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/untimely-notices-of-appeal-in-re-adoption-of-or-one-year-later) #Untimely Notices of Appeal: In re Adoption of O.R. one year later **Indiana Appellate Rule 9**(A) states: - A party initiates an appeal by filing a Notice of Appeal with the Clerk . . . within thirty (30) days after the entry of a Final Judgment is noted in the Chronological Case Summary . . . Unless the Notice of Appeal is timely filed, the right to appeal shall be forfeited except as provided by P.C.R. 2. The Rule’s mandatory language (“shall be forfeited”) suggested, and a significant body of case law held, that the failure to timely file a notice of appeal was fatal and deprived the Court of Appeals of jurisdiction over an attempted belated appeal. That changed with the **Indiana Supreme Court**’s decision in **In re Adoption of O.R.**, 16 N.E.3d 965 (Ind. 2014), in which the Court held that jurisdictional defects are not the same as legal errors. The Court stated: “[A]lthough a party forfeits its right to appeal based on an untimely filing of the Notice of Appeal, this untimely filing is not a jurisdictional defect depriving the appellate courts of authority to entertain the appeal.” The O.R. Court explained that the Court of Appeals could elect to forgive the failure to timely file a notice upon a finding of “extraordinary compelling reasons.” The Supreme Court decided O.R. approximately one year ago, and several **Indiana Court of Appeals** opinions have applied this new test. The Court of Appeals published three of these opinions, one of which dismissed the appeal and two of which addressed the merits. Both cases that addressed the merits were criminal appeals. In Satterfield v. State, 30 N.E.3d 1271 (Ind. Ct. App. 2015), the Court addressed an appeal regarding the denial of bail, noting that “It is the unique confluence of this fundamental liberty interest along with one of the most valued rights in our culture—the right to bail—that we conclude that Satterfield's otherwise forfeited appeal deserves a determination on its merits.” In Morales v. State, 19 N.E.3d 292 (Ind. Ct. App. 2014), trans. denied, the Court elected to address the merits, noting that the defendant was pro se and filed his notice of appeal only one day late. The Court of Appeals also applied O.R. in five unpublished decisions, two of which dismissed the appeal, two of which addressed the merits, and one of which first dismissed, then addressed the merits on rehearing. It is interesting to note that every case, published and unpublished, in which Court of Appeals addressed the merits was a criminal case. Of course, O.R. was not a criminal case, but the trend suggests that an appellant will need to show some sort of fundamental interest, such as liberty or the right to raise one’s child, to take advantage of the O.R. rule. Other factors that should help a tardy appellant’s case include minimal delay and otherwise diligent pursuance of the appeal. In sum, despite the landmark nature of the O.R. decision, the relief allowed by the Court of Appeals when applying O.R. appears to be narrow, as the Court of Appeals seems to have taken to heart the Supreme Court’s “extraordinary compelling circumstances” requirement. # Educational Purposes Real Property Tax Exemption | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/real-estate/educational-purposes-real-property-tax-exemption ##[Blog](https:///blog) [Back to Real Estate Law](https:///blog/real-estate) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/real-estate/educational-purposes-real-property-tax-exemption) #Educational Purposes Real Property Tax Exemption ####Johnson County Property Tax Assessment Board of Appeals v. KC Propco, LLC, 28 N.E.3d 370 (Ind. Tax 2015) With the increasing number of families in which both spouses are employed full-time, together with the emphasis on early childhood education, more parents are opting for early childhood learning centers as opposed to traditional daycare. The early learning centers may offer basic childcare needs (such as changing diapers, feeding, tying shoes, etc.) but the core focus is on education, even for their youngest clientele. On April 1, 2015, the Indiana Tax Court affirmed the conclusion of the Indiana Board of Tax Review finding that an early learning center qualified for an educational purposes real property tax exemption.[1] KinderCare Learning Centers is a Delaware corporation that operates early education facilities throughout the county. KinderCare formed KC Propco to acquire and develop real estate for its educational centers. In 2005, KC Propco acquired property in Greenwood, Indiana and KinderCare renovated the property and began operating an early education facility at the premises. In May 2009, KC Propco filed an Application for Property Tax Exemption based on the educational purposes exemption found in Indiana Code § 6-1.1-10-16. The Indiana Code states that "[a]ll or part of a building is exempt from property taxation if it is owned, occupied, and used by a person for educational…purposes…" KC Propco asserted that the real estate was owned, occupied, and used as an early learning center and thus was exempt from property taxes. The Johnson County Property Tax Assessment Board of Appeals (the "Assessor") denied the exemption application. The Indiana Board of Tax Review, however, found that the real property was exempt from taxation. The Assessor sought review from the Tax Court. The Assessor contended on appeal, in part, that the property did not qualify for an exemption because certain non-educational activities took place there - such as feeding, quiet time, and, for the younger children, changing diapers and tying shoes. However, the Indiana Board of Tax Review found that, although both educational and child care activities occurred at the property, the "educational programs are the focus and the child care activities are merely incidental." Further, the Indiana Board of Tax Review found that the use of the property was "most accurately described as educational." The Indiana Tax Court declined to reweigh the evidentiary findings made by the Indiana Board of Tax Review. The Assessor also argued that, even if the one acre of land upon which the building and parking lot sat was tax exempt, KC Propco failed to demonstrate that the remaining, vacant 1.607 acres was entitled to an exemption. The Tax Court held that if a building is exempt from taxation because it is owned, occupied, or used for an educational purpose, the land upon which such a building sits is also entitled to an exemption. The Tax Court held that the "entire parcel is exempt, not just the land attributable to the building's footprint." The issue of whether an early childhood learning center is exempt from property taxation is clearly important to the early childhood learning center, but also the parents, as it may impact affordability, and also to the County, as such property may not generate property taxes. In KC Propco, the Tax Court held an exemption for the entire parcel upon which such an early childhood learning sits is proper when the core focus of the property is educational even if there are incidental acts of childcare. *** [1] In the interest of full disclosure, the author represented the Respondent, KC Propco, in the proceedings before the Indiana Tax Court. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| # Barwick v. Ceruti, 31 N.E.3d 1008 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/custody-jurisdiction-barwick-v-ceruti-31-ne3d-1008-ind-ct-app-2015 ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/custody-jurisdiction-barwick-v-ceruti-31-ne3d-1008-ind-ct-app-2015) #Custody Jurisdiction: Barwick v. Ceruti, 31 N.E.3d 1008 (Ind. Ct. App. 2015) ####Barwick v. Ceruti, 31 N.E.3d 1008 (Ind. Ct. App. 2015) [1] In Barwick, the Court of Appeals addressed whether an Indiana trial court had jurisdiction over a child custody proceeding that awarded custody to Father when a concurrent custody proceeding was pending in Canada. In Barwick, Mother arrived in Indiana from Canada in March 2013 and moved in with Father. Six weeks later, Mother was pregnant and Father and Mother were married in May 2013. On June 18, 2013, Father filed for divorce in Indiana. Mother returned to Canada shortly thereafter. On December 2, 2013, the Indiana court issued an Order finding that the child was not yet born, that there was no case pending in Canada, that Father had never been to Canada, that the child was conceived in Indiana, and Father had a business in Indiana. The Indiana court found that based upon the Uniform Child Custody Jurisdiction Act (UCCJA), it had jurisdiction over the issue of custody and awarded Father "full and co-equal parenting time rights with regard to the child when born." The child was born on December 11, 2013. On December 20, 2013, the Canadian court issued an ex parte order that the child was to reside with Mother and not be removed from Canada. On March 19, 2014, the Canadian court found that it had jurisdiction over the custody of the child and that although there was a custody order from Indiana, the order was issued prior to the child being born and was "of no force or effect" in Canada. This Order was affirmed on appeal in Canada. On July 10, 2014, the Indiana court dissolved the parties' marriage and determined custody. The Indiana court found that Indiana was the appropriate forum to hear the case and awarded custody to the Father. Mother appealed in Indiana, claiming that the Indiana court had no jurisdiction and, even if it did, should have declined to exercise jurisdiction, pursuant to the UCCJA. The Court of Appeals affirmed the Indiana custody order in favor of the Father. First, it concluded that Mother waived appellate review by conceding, in a filing before the Indiana court, that the Indiana court had "ongoing jurisdiction over the subject matter and parties in this cause of action" after Father raised the issue of custody. Waiver notwithstanding, the Indiana Court of Appeals concluded that the Indiana court properly exercised jurisdiction under the UCCJA. The Indiana court's December 2013 order addressing "parenting time", filed before any proceeding was initiated in Canada, was a "custody order" under the UCCJA and the Indiana court obtained exclusive and continuing jurisdiction at that time. Further, the Indiana court appropriately considered the statutory factors set forth in Indiana Code § 31-21-5-8 in determining that it was the appropriate forum. The Court of Appeals concluded that the Indiana court's decision was consistent with the two primary purposes of the UCCJA; discouraging forum shopping and protecting the best interests of the child. *** [1] In the interest of full disclosure, the author represented the Father in the proceedings before the Indiana Court of Appeals. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| # Decision Issued Redefining Joint-Employers | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/the-national-labor-relations-board-issues-decision-redefining-joint-employers ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/the-national-labor-relations-board-issues-decision-redefining-joint-employers) #The National Labor Relations Board Issues Decision Redefining Joint-Employers On August 27, 2015, the National Labor Relations Board issued its decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186, which significantly broadened the definition of "joint employer". Under the more expansive standard, "two or more entities are joint employers of a single workforce if (1) they are both employers within the meaning of the common law [i.e., they both exert sufficient control over, or right to control, the workforce, all factors considered]; and (2) they share or co-determine those matters governing the essential terms and conditions of employment." This new definition will likely result in the Board finding joint-employer relationships in cases where the previous standard of direct and immediate control over conditions applied. It will also have a far-reaching impact by expanding the sources of liability under the National Labor Relations Act for unfair labor practice, union organizing and possibly at the bargaining table with unions. Prior to this ruling, a company had to have direct and immediate control of the terms and conditions of the employee(s). The justification by the board was that it did not "best serve the National Labor Relations Act of encouraging the practice and procedure of collective bargaining." According to a release issued by the Board with the decision, "with more than 2.87 million of the nation's workers employed through temporary agencies in August 2014, the Board held that its previous joint employer standard has failed to keep pace with changes in the workplace and economic circumstances." Companies that use contract employees, staffing agencies and franchises are most likely to see an immediate impact. Companies that have a parent-subsidiary relationship could now have this standard applied as well. Companies that use contract employees, have vendors or suppliers, use staffing agencies, are franchisors, or subsidiaries should consider reviewing contracts and agreements to determine the level of direct and indirect control they have over another company's employees. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Attorneys Recognized in Best Lawyers® in America 2016 | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/attorneys-recognized-in-best-lawyers-in-america-2016 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/attorneys-recognized-in-best-lawyers-in-america-2016) #Attorneys Recognized in Best Lawyers® in America 2016 **Barrett McNagny ****LLP** is proud to announce the following firm attorneys who were selected by their peers for inclusion in **The Best Lawyers in America® 2016 **in their respective practice areas: **John C. Barce- **Closely Held Companies and Family Business Law, and Corporate Law **George N. Bewley**- Trusts and Estates **Craig R. Finlayson**- Corporate Law **Richard E. Fox- **Corporate Law, Banking and Finance Law, and Commercial Finance Law **Thomas A. Herr- **Bet-the-Company Litigation, Commercial Litigation, and Insurance Law **N. Thomas Horton II - **Employee Benefits (ERISA) Law **Benjamin D. Ice- **Litigation- Insurance **Robert T.** **Keen**- Civil Rights Law, Commercial Litigation, Litigation- Labor & Employment, Litigation- Municipal, and Personal Injury Litigation- Defendants **Thomas M**. **Kimbrough-** Litigation- Insurance **James Koday**- Trusts and Estates **John P. Martin- **Corporate Law and Tax Law **Michael P. O'Hara**- Corporate Law **Cathleen M. Shrader- **Appellate Practice and Commercial Litigation **Anthony M. Stites**- Employment Law- Management **Robert S. Walters- **Corporate Law and Securities/Capital Markets Law **Best Lawyers® **is based on a peer-review survey in which more than 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. In 2008, U.S. News Media Group, the publisher of the usnews.com website and U.S. News & World Report magazine, joined with **Best Lawyers® **to rank U.S. law firms. Tagged Attorneys [John C. Barce](https:///our-people/john-c-barce)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # The Right to Marry by Same-Sex Couples | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/labor-and-employment-law/supreme-court-decision-on-the-fundamental-right-to-marry-by-same-sex-couples-what-does-this-mean-for-an-employer ##[Blog](https:///blog) [Back to Labor and Employment Law](https:///blog/labor-and-employment-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/labor-and-employment-law/supreme-court-decision-on-the-fundamental-right-to-marry-by-same-sex-couples-what-does-this-mean-for-an-employer) #Supreme Court decision on the fundamental right to marry by same-sex couples: What does this mean for an employer? On Friday, June 26, the Supreme Court's decision in [Obergefell vs. Hodges](https://www.law.cornell.edu/supremecourt/text/14-556), held that same-sex couples have a fundamental right to marry and there is no lawful basis for states to refuse to recognize a lawful same-sex marriage performed in another state. This decision could have far-reaching implications for employers who have operated under various federal and state laws that regulate the legal and tax treatment for same-sex unions. ####What does the ruling mean for employers? Many employer's benefits are based upon marital status, including retirement and health care plans and policies. Employers should take the time to review and update their practices and policies that could be impacted by this decision. This includes policies that reference 'spouse' and any gender-specific policies that identify a spouse as man or woman. These policies including FMLA, leave policies, bereavement and others should be updated to include the Supreme Court's definition of marriage. The decision does not affect federal rights employees are already receiving, as they are protected under previous rulings. However, the ruling impacts state law rights that apply to married couples that will now include same-sex marriages. These rights include laws that apply to benefits, leaves of absences, property rights, and others. Employers should review their handbook to update any reference to these state laws. For employers, the decision has made it easier in two areas. First, companies with a site in two or more states will be able to have national policies on leaves of absence and similar issues. Secondly, the tax implications are equalized. Previously, there were an array of federal and state tax laws for same-sex couples. Now, for federal and state tax purposes, there will be no difference in tax benefits for married couples- opposite or same-sex- that an employer must administer. If you have questions about how the Supreme Court decision impacts your policies or would like to discuss a specific policy or practice you have at your establishment, please contact one of Barrett McNagny's Employment attorneys listed below. Tagged Attorneys [H. Joseph Cohen](https:///our-people/h-joseph-cohen)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Barrett McNagny Announces Logo Change | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/barrett-mcnagny-announces-logo-change ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/barrett-mcnagny-announces-logo-change) #Barrett McNagny Announces Logo Change Barrett McNagny is pleased to announce a "refresh" of the firm's identity. The "refresh" includes an updated name, a new logo, and a redesigned website. "Our new identity had to satisfy the expectations of our clients while, at the same time, preserve the value of almost 140 years of providing legal services to generations of businesses and individuals," commented Managing Partner, Michael P. O'Hara about the change. The new logo includes an emblem with the year in which the firm was formed-1876- and an updated color scheme utilizing purple and gold. The firm has also streamlined their name by removing the ampersand. "We are the same law firm, the same 47 lawyers and the same staff, just an updated name," said Thomas Niezer, a partner with the firm. The refreshed identity officially took place on May 4, 2015 and includes a redesigned website in a responsive format. The change also culminates a multi-year office renovation at the firm's home at 215 East Berry Street in Fort Wayne, Indiana that included the addition of office and conference spaces, as well as an update of the firm technology. Tagged Attorneys [Mark H. Bains](https:///our-people/mark-h-bains)| [John C. Barce](https:///our-people/john-c-barce)| [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Richard E. Fox](https:///our-people/richard-e-fox)| [Marcus A. Heminger](https:///our-people/marcus-a-heminger)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [Joshua C. Neal](https:///our-people/joshua-c-neal)| [Thomas M. Niezer](https:///our-people/thomas-m-niezer)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [Michael P. O'Hara](https:///our-people/michael-p-ohara)| [Trisha J. Paul](https:///our-people/trisha-j-paul)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [David R. Steiner](https:///our-people/david-r-steiner)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| [Emily S. Szaferski](https:///our-people/emily-s-szaferski)| [Samuel J. Talarico Jr.](https:///our-people/samuel-j-talarico-jr)| [Philip A. Wagler](https:///our-people/philip-a-wagler)| # Reasonableness of Expert Witness Fees | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/court-issues-decision-clarifying-reasonableness-of-expert-witness-fees ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/court-issues-decision-clarifying-reasonableness-of-expert-witness-fees) #Court Issues Decision Clarifying Reasonableness of Expert Witness Fees **Court of Appeals issues decision clarifying judicial review of challenges to the reasonableness of expert witness fees but leaves some questions unresolved.** The recent decision of Beckerman v. Surtani, M.D., 48A02-14-7-PL-527, --- N.E.3d --- (Ind. Ct. App., February 13, 2015), involved a dispute of only $2,000. Despite the relatively small amount of money involved, this decision provides important and much-needed guidance for practitioners and trial courts dealing with a party's objection to the rates charged by another party's expert for depositions and other discovery responses. For many types of litigation, parties will need an expert or experts to either meet their burden of proof or to respond to an opposing party's claims and evidence. Cases involving medical negligence, defective products, or disputes over the cause of a physical injury often consist of a battle between the parties' experts. Therefore, parties often retain highly skilled and qualified experts whose services do not come cheaply. The party retaining an expert, of course, has the choice of whether to accept an expert's rates or to look elsewhere. A party who wishes to depose an opponent's expert does not have this same choice. Instead, a party who believes an opponent's expert's rates are unreasonable must seek relief from a trial court pursuant to Indiana Trial Rule 26(B)(4), which gives a trial court the ability to determine a reasonable rate for expert discovery. Specifically, the Rule states: The court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivision (B)(4)(a)(ii) and (B)(4)(b) of this rule. Ind. Trial Rule 26(B)(4)(c)(1) Although expert fees can approach or even exceed $2,000 per hour, the time required to pursue an order reducing such a fee can lead parties to simply pay an unreasonable fee. Even if a party can justify seeking an order from a trial court, the cost of appealing a trial court's decision would, except in the most extreme cases, almost certainly exceed the amount in controversy. Therefore, although disputes over the reasonableness of an expert's fee are not uncommon, it is not surprising that the Beckerman decision was the first instance in which the Indiana Court of Appeals directly and in any sort of detail addressed a challenge to an expert's fee. In Beckerman, a medical malpractice case, the plaintiff's expert attempted to charge the defendant $4,000 for a deposition and $400 per hour of preparation time. The defendant filed a motion with the trial court objecting to these rates. The trial court issued an order requiring the defendant to pay the plaintiff's expert $2,000 to cover two hours of deposition time and two hours of preparation time and stating that any additional fees required by the expert would be the plaintiff's responsibility. The plaintiff then paid his expert the additional $2,000 requested by the expert and the deposition occurred. The plaintiff ultimately dismissed the medical malpractice claim and then sought reimbursement for the $2,000 he had paid his expert. The trial court found that, although the plaintiff had shown that $1,000 per hour was a reasonable rate, the defendant should not be required to pay the plaintiff's expert for his preparation time. The plaintiff then appealed. The Court of Appeals' most important statement could be its preliminary recognition of the relevance of federal authority. Although prior Court of Appeals decisions have recognized the relevance of federal opinions to discovery matters, see, e.g., Riggin v. Rea Riggin & Sons, Inc., 738 N.E.2d 292, 309 (Ind. Ct. App. 2000), the Beckerman decision appears to be the first to have done so on the specific issue of the reasonableness of an expert's fee. Although Indiana courts have not developed a body of case law on this issue, ample federal authority exists. See, e.g., Se-Kure Controls, Inc. v. Vanguard Products Grp., Inc., 873 F. Supp. 2d 939, 955 (N.D. Ill. 2012); Anthony v. Abbott Laboratories, 106 F.R.D. 461 (D.R.I. 1985). In fact, federal courts have adopted a seven-factor test for evaluating the reasonableness of an expert's fee: 1) the witness's area of expertise; (2) the education and training that is required to provide the expert insight which is sought; (3) the prevailing rates of other comparably respected available experts; (4) the nature, quality and complexity of the discovery responses provided; (5) the fee actually being charged to the party who retained the expert; (6) fees traditionally charged by the expert on the rebated matters; and (7) any other factor likely to be of assistance to the court in balancing the interest implicated by Rule 26. Dominquez v. Syntex Labs, Inc., 149 F.R.D. 166, 167 (S.D. Ind. 1993); Artistic Carton Co. v. Thelamco, Inc., 2008 WL 2622806 (N.D. Ind. 2008)[1] (citing Jochims v. Izzuzu Motors Ltd., 141 F.R.D. 493, 495 (S.D. Iowa 1992)); Profile Products, LLC v. Soil Management Tech., Inc., 155 F.Supp. 2d 880, 886 (N.D. Ill. 2001). Following Beckerman, parties can confidently cite this test and related federal authority when challenging the reasonableness of an expert's fees in state court. The Beckerman Court also noted that a trial court enjoys considerable discretion when determining a reasonable expert fee. This statement is far from surprising, as trial courts generally enjoy broad discretion when ruling on discovery matters. Unfortunately, the Beckerman decision left open the question of whether a party is required to pay for an opposing expert's preparation time in addition to actual deposition time. The Court noted that there was no evidence in the record of how much time the plaintiff's expert spent preparing for the deposition or that the plaintiff actually paid the expert for his preparation. Therefore, the Beckerman Court expressly declined to consider the issue of whether Trial Rule 26(B)(4)(c)(i)'s requirement that a party pay a reasonable fee for time spent in responding to discovery encompasses preparation time for a deposition. Federal courts hold that parties are generally not required to pay for an opposing expert's preparation time, but that exceptions exist, such as when a significant period of time passes between the time of an expert's initial work on a case and the date of the deposition. See S.A. Healy Co. v. Milwaukee Metro. Sewerage Dist., 154 F.R.D. 212, 214 (E.D. Wis. 1994). Based on the Beckerman Court's recognition of federal authority's relevance, it is reasonable to assume that Indiana would take a similar approach. In sum, the Beckerman decision is important in that it is the first published Indiana decision on an issue that arises with some regularity but, because of the interlocutory nature of any order and practical considerations related to cost, had not come directly before the Court of Appeals. Although the decision clarifies the applicability of federal authority and emphasizes a trial court's discretion when setting a reasonable fee, the decision also leaves somewhat open the issue of whether an expert's preparation time is included in the fee. Unfortunately, we are unlikely to hear from the Court of Appeals again on this issue in the near future, and should instead look to federal district court decisions for development on the issue. *** [1] In the interest of full disclosure, Barrett McNagny, LLP, represented the party in Artistic Carton that convinced the Federal District Court to reduce an opponent's expert fee. *** The author [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) concentrates his practice in the areas of: [Appellate Law](https://www.barrettlaw.com/practice-areas/appellate-law), [Health Care Law](https://www.barrettlaw.com/practice-areas/health-care-law), [Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services), and [Medical Malpractice Defense](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense). Tagged Attorneys [William A. Ramsey](https:///our-people/william-a-ramsey)| # Firm Attorneys in Indiana 2015 Super Lawyers | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2015 ##[Blog](https:///blog) [Back to News](https:///blog/news) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/news/firm-attorneys-recognized-in-indiana-super-lawyers-publication-2015) #Firm Attorneys Recognized in Indiana Super Lawyers Publication 2015 Barrett McNagny LLP is proud to announce its listing in Indiana Super Lawyers for 2015. The following attorneys were selected for inclusion in their respective practice areas: [Kevin K. Fitzharris](https://www.barrettlaw.com/our-people/kevin-k-fitzharris) - [Civil Litigation: Defense](https://www.barrettlaw.com/practice-areas/litigation-services) Thomas A. Herr- [Business Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) [Robert T. Keen, Jr.](https://www.barrettlaw.com/our-people/robert-t-keen-jr)- [Business Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) [Thomas M. Kimbrough](https://www.barrettlaw.com/our-people/thomas-m-kimbrough)- [Employment & Labor](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) [Patrick G. Murphy](https://www.barrettlaw.com/our-people/patrick-g-murphy)- [Business Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) [Cathleen M. Shrader](https://www.barrettlaw.com/our-people/cathleen-m-shrader)- [Business Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) [Anthony M. Stites](https://www.barrettlaw.com/our-people/anthony-m-stites)- [Employment & Labor](https://www.barrettlaw.com/practice-areas/labor-relations-and-employment-law) Roberts S. Walters - [Securities & Corporate Finance](https://www.barrettlaw.com/practice-areas/securities-law) The following attorneys were selected for inclusion as 2015 Indiana Rising Stars: [Benjamin D. Ice](https://www.barrettlaw.com/our-people/benjamin-d-ice) - [Medical Malpractice Defense](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense) [James J. O'Connor](https://www.barrettlaw.com/our-people/james-j-oconnor)- [Litigation](https://www.barrettlaw.com/practice-areas/litigation-services) [William A. Ramsey](https://www.barrettlaw.com/our-people/william-a-ramsey) - [Civil Litigation Defense](https://www.barrettlaw.com/practice-areas/litigation-services) [Super Lawyers](https://www.superlawyers.com/) is a Thomson Reuters business and its lists are published in Super Lawyers Magazines and in city and regional magazines across the country. Indiana Super Lawyers is published in partnership with Indianapolis Monthly. Only five percent of Indiana attorneys receive this honor each year. Tagged Attorneys [Kevin K. Fitzharris](https:///our-people/kevin-k-fitzharris)| [Benjamin D. Ice](https:///our-people/benjamin-d-ice)| [Robert T. Keen Jr.](https:///our-people/robert-t-keen-jr)| [Thomas M. Kimbrough](https:///our-people/thomas-m-kimbrough)| [Patrick G. Murphy](https:///our-people/patrick-g-murphy)| [James J. O'Connor](https:///our-people/james-j-oconnor)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| [Anthony M. Stites](https:///our-people/anthony-m-stites)| # Loss of Chance | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state ##[Blog](https:///blog) [Back to Medical Malpractice](https:///blog/litigation/medical-malpractice) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/litigation/medical-malpractice/loss-of-chance-a-historical-overview-and-analysis-of-the-doctrines-current-state) #"Loss of Chance: A Historical Overview and Analysis of the Doctrine's Current State" William A. Ramsey writes article for the [Defense Trial Counsel of Indiana](https://http://www.dtci.org/)that was published in the Indiana Civil Litigation Review titled "Loss of Chance: A Historical Overview and Analysis of the Doctrine's Current State." [Click here to read the article.](https:///Data/Accounts/Files/1/DefenseTrialCounselofIndianaCivilLitigationReview.pdf) *** Mr. Ramsey concentrates his practice in the areas of: [Appellate Law](https://www.barrettlaw.com/practice-areas/appellate-law), [Health Care Law](https://www.barrettlaw.com/practice-areas/health-care-law), [Litigation Services](https://www.barrettlaw.com/practice-areas/litigation-services), and [Medical Malpractice Defense](https://www.barrettlaw.com/practice-areas/medical-malpractice-defense). Tagged Attorneys [William A. Ramsey](https:///our-people/william-a-ramsey)| # Medical Malpractice Act | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-act ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-act) #Medical Malpractice Act #####[Manley v. Sherer](https://http://www.in.gov/judiciary/opinions/pdf/08081301bd.pdf) (Ind. August 8, 2013) In this medical malpractice case, the Supreme Court addressed two issues: 1) the [Medical Malpractice Act’s](https://http://www.in.gov/legislative/ic/code/title34/ar18/) statute of limitations, and 2) the application of the Medical Malpractice Act to claims against a healthcare provider brought by someone who was not a patient of the healthcare provider. The facts of this case are as follows. The Plaintiff, Mary Manley, was involved in an automobile accident on November 27, 2006, with Kimberly Zehr. At the scene of the accident, Ms. Manley overheard Ms. Zehr say that "she should not be driving because of her medical condition." Ms. Manley later learned of an undated letter from Ms. Zehr’s physician, the defendant in this matter, Dr. Sherer, stating that Ms. Zehr’s medical condition in combination with the medications prescribed by Dr. Sherer may have contributed to the automobile accident. The last date on which Dr. Sherer treated Ms. Zehr was November 21, 2008. With respect to the first issue, on November 25, 2008, Ms. Manley filed a proposed complaint with the Indiana Department of Insurance against Dr. Sherer and his medical group. Ms. Manley claimed that Dr. Sherer failed to warn Ms. Zehr not to drive while she was taking her medication. Dr. Sherer filed a motion for summary judgment, arguing that the statute of limitations barred the claim. In medical malpractice cases, a plaintiff must file a claim within two years of the malpractice. The last date on which malpractice could have occurred in this case was on the last date Dr. Sherer treated Zehr, November 21, 2006, more than two years before Ms. Manley filed the claim. However, courts will not strictly apply the two-year limitation if it was not "reasonably possible for [plaintiffs] to present the claim in the time remaining after discovery and before the end of the statutory period." [Booth v. Wiley, 839 N.E.2d 1168, 1172 (Ind. 2005)](https://cases.justia.com/indiana/supreme-court/2014-49s02-1405-mi-355.pdf?ts=1401307445) In order for the date to be triggered, a plaintiff must be aware of "facts that, in the exercise of reasonable diligence, should lead to the discovery of the malpractice and the resulting injury." Id. at 1171 [Van Dusen v. Stotts, 712 N.E.2d 491, 497 (Ind. 1999).](https://http://www.leagle.com/decision/20011711758NE2d953_11677) The Court found that the statement at the scene of the accident should not have led Ms. Manley to suspect malpractice. The Court found that, instead, Ms. Manley did not have such knowledge until she learned of the letter written by Dr. Sherer suggesting that Ms. Zehr’s medicine contributed to the accident. The Court explained: "The plaintiffs reasonably contend that it was not until this point that they possessed knowledge of the facts necessary to investigate Ms. Zehr's medical history and discover the alleged malpractice. However, because the letter is undated, it is unknown on what date the letter came to the attention of the plaintiffs. It is thus indiscernible whether the plaintiffs could have pursued their malpractice claim within the two-year statutory limit, or, if not, whether they acted within a reasonable time as required by our caselaw." An interesting question is whether, if the date on which Ms. Manley became aware of the letter is determined, the defendants can renew their request for summary judgment based on the statute of limitations. In this decision, the Supreme Court relied heavily on its 2005 decision Booth v. Wiley, an important case regarding the Medical Malpractice Act’s statute of limitations that sharply divided the Supreme Court and inspired two dissenting opinions. In Booth, the majority of the Supreme Court found that a question of fact existed as to whether the Medical Malpractice Act’s statute of limitations barred claims based on malpractice that occurred more than two years before the plaintiffs filed their complaint. The majority identified the following procedure to use when applying the Medical Malpractice Act’s statute of limitations: "Initially, a court must determine the date the alleged malpractice occurred and determine the discovery date—the date when the claimant discovered the alleged malpractice and resulting injury or possessed enough information that would have led a reasonably diligent person to make such discovery. If the discovery date is more than two years beyond the date the malpractice occurred, the claimant has two years after discovery within which to initiate a malpractice action. But if the discovery date is within two years following the occurrence of the alleged malpractice, the statutory limitation period applies and the action must be initiated before the period expires, unless it is not reasonably possible for the claimant to present the claim in the time remaining after discovery and before the end of the statutory period. In such cases where discovery occurs before the statutory deadline but there is insufficient time to file, we have not previously addressed how much time should be permitted. But because Boggs permits such an action to be commenced after the statutory two-year occurrence-based period when timely filing is not reasonably possible, we hold that such claimants must thereafter initiate their actions within a reasonable time." Booth, 839 N.E.2d at 1172. The former [Chief Justice, Randall Shepherd](https://http://en.wikipedia.org/wiki/Randall_T._Shepard), dissented. Chief Justice Shepherd stated that the majority’s decision “takes us light years from the restrained application of constitutional principles reflected inMartin v. Richey and turns the medical malpractice statute of limitations into a very liberal rule without so much as a word about why the Indiana Constitution requires the result.” Booth<, 839 N.E.2d at 1178 (Shepherd, C.J., dissenting). Justice Sullivan also dissented, stating that the “result of the Court's opinion today seems to me to be that the medical malpractice statute of limitations is tolled whenever the alleged malpractice is associated with a pre-existing condition until the patient receives an expert opinion that the pain or symptoms are the product of a particular provider's medical negligence. I believe that this conflicts with the mandate of the Medical Malpractice Act.” Booth, 839 N.E.2d at 1178-79 (Sullivan, J., dissenting). The Supreme Court’s decision in this case follows the rationale of the Booth majority and illustrates the accuracy of Justice Sullivan and Justice Shepherd’s dissenting opinions. The other important aspect of the Supreme Court’s decision is its explanation of why the Medical Malpractice Act applies to this case. Ms. Manley argued that the Medical Malpractice Act did not apply because she was not a patient of Dr. Sherer. The Supreme Court rejected the argument: "The plaintiffs have treated it otherwise by filing their proposed complaint with the Department of Insurance as required by the Act. They may not now contend that the Medical Malpractice Act and its time limitation do not apply to their claim." The Supreme Court’s statement suggests that by filing a proposed complaint with the Department of Insurance, a plaintiff waives or is estopped from making the argument that the claim falls outside the Medical Malpractice Act. Any attorney who deals with medical malpractice should be aware of this possible rule and its implications. - William Ramsey # Visitation Rights | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/visitation-rights ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/visitation-rights) #Visitation Rights #####[In Re the Guardianship of A.J.A. and L.M.A., Minor Children (Ind. July 18, 2013)](https://law.justia.com/cases/indiana/supreme-court/2013/48s02-1305-gu-398.html) In this case, the Supreme Court addressed the Indiana statute allowing, under certain circumstances, grandparents to have visitation rights. The Court concluded that if the father of the children has murdered the mother, the father’s parents have no such rights. In this case, a father murdered his wife in the presence of his children. The children’s uncle assumed custody and consented to the children's grandmother having some contact with the children. However, against explicit court orders, the grandmother took the children to visit their father in jail. The uncle then refused visitation, at which point the grandmother petitioned the trial court to allow her visitation. The trial court granted her request and the guardians appealed. [The Court of Appeals reversed, and the Supreme Court granted transfer](https://law.justia.com/cases/indiana/supreme-court/2013/48s02-1305-gu-398.html). The [Grandparent Visitation Statute](https://iga.in.gov/laws/2023/ic/titles/1) currently states: "A child’s grandparent may seek visitation rights if: (1) the child’s parent is deceased; (2) the marriage of the child’s parents has been dissolved in Indiana; or (3) subject to subsection (b), the child was born out of wedlock." [Ind. Code §31-17-5-1](https://iga.in.gov/laws/2023/ic/titles/1). The grandmother in this case argued that her son, who was serving a 60-year jail sentence, should be considered “deceased” for purposes of the statute. The Supreme Court disagreed, explaining that statutes that are in derogation of the common law, such as the Grandparent Visitation Statute, must be strictly interpreted. The Court also noted the absurdity of the grandmother’s argument: "In the present case, both of Grandmother’s theories would produce an absurd result. Her first theory, that her son is for all intents and purposes deceased, unfortunately, attempts to circumvent the strict interpretation the statute is due and therefore her argument fails. Her son is not dead. Her son is incarcerated with a sixty-year sentence for the murder of her grandchildren’s mother. In fact, it is Grandmother’s surreptitious attempts to facilitate communication between the children and [their father] that illustrate the absurdity of her argument. In this case, there is clearly a difference between those who, as Grandmother argues, are essentially dead because they are in prison and those who are dead. Father is not dead and Grandmother is trying to affect visitation between the murderer and the children, contrary to the express wishes of the Guardians. Grandmother’s other theory for grandparent visitation is that by virtue of the murder, the marriage was dissolved. This produces an even more nonsensical result. We cannot construe any scenario where the General Assembly intended the Grandparent Visitation Act to potentially require grandparent visitation by the mother of an individual who shot and killed the grandchildren’s other parent." The Court then addressed the issue of whether the trial court’s initial order granting the grandmother visitation was void or merely voidable. "A void judgment is one that, from its inception, is a complete nullity and without legal effect[.] By contrast, a voidable judgment is not a nullity, and is capable of confirmation or ratification." [Stidham v. Whelchel, 698 N.E.2d 1152, 1154 (Ind. 1998).](https://scholar.google.com/scholar_case?case=16638512685852003517&hl=en&as_sdt=2&as_vis=1&oi=scholarr) If the order were merely voidable, the guardians would have had to challenge the order through a direct appeal. If the order were void, the guardians could attack the order at any time. Because the guardians had not filed a direct appeal from the original order, the distinction in this case was critical. The Court found that the Order was void. The Court’s analysis includes a helpful review of prior caselaw, including the Court of Appeals’ decisions of [Kitchen v. Kitchen, 953 N.E.2d 646 (Ind. Ct. App. 2011)](https://scholar.google.com/scholar_case?case=17375290741554927565&hl=en&as_sdt=2&as_vis=1&oi=scholarr), [M.S. v. C.S., 938 N.E.2d 278 (Ind. Ct. App. 2010)](https://kidsvoicein.org/wp-content/uploads/2015/05/M.S.-v.-C.S.-938-N.E.2d-278-Ind.-Ct.-App.-2010.pdf); and In re Paternity of P.E.M., 818 N.E.2d 32 (Ind. Ct. App. 2004); and the Supreme Court’s decision of [K.S. v. State, 849 N.E.2d 538 (Ind. 2006).](https://scholar.google.com/scholar_case?case=12396340917988052210&hl=en&as_sdt=2&as_vis=1&oi=scholarr) This case is particularly important for two reasons. First, it provides certainty for an issue of grandparent visitation that, unfortunately, arises more often than anyone would like to acknowledge. Second, the Court provided some clarity on the difference between void and voidable orders, an issue that can be particularly important for appellate practitioners. [1]According to the Department of Justice, approximately nine percent of all murders are murders of a spouse. See [Family Violence Statistics: Including Statistics on Strangers and Acquaintances](https://www.bjs.gov/content/pub/pdf/fvs02.pdf) (U.S. D.O.J. 2002). In 2002, 787 spousal murders occurred. # Constitutional Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/constitutional-law ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/constitutional-law) #Constitutional Law #####[Hollingsworth v Perry (U.S. June 26, 2013) ](https://http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf) #####[](https://http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf)[United States v. Windsor (U.S. June 26, 2013)](https://http://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf) Reading and watching the news for the last few days has made it clear that the United States Supreme Court's recently issued "Rainbow Rulings", which dealt with different facets of gay rights and marriage, are two of the least-understood opinions in memory. Pundits have openly claimed that the Court has redefined marriage, creating a national right to same-sex marriage. Quite simply, this is not true. This guest post is intended to explain the Court's holdings in those two opinions and to demonstrate that pundits should read before talking--acknowledging, of course, that some pundits’ intent might never have been to offer informed opinions. On June 26, 2013, the Court handed down opinions in two cases that dealt with gay rights. The more substantive opinion was [United States v. Windsor](https://http://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf), which focused on the federal Defense of Marriage Act ("DOMA"). The second opinion, [Hollingsworth v. Perry](https://http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf), stemmed from California's Proposition 8 and turned entirely on procedure. Starting with United States v. Windsor, Edith Windsor, and Thea Spyer were two women in love. They met in 1963 and began a long-term relationship that lasted until Spyer's death in 2009. Anticipating many things, including Spyer's death, the couple traveled to Canada in 2007 to be married. Same-sex marriage soon thereafter became legal in New York, at which point the couple's marriage became recognized by the State of New York. When Spyer died in 2009, Windsor paid $363,053 in estate taxes and then sought a refund. But the Internal Revenue Service denied the refund, concluding that under DOMA Windsor was not a "surviving spouse." Windsor then commenced the lawsuit that resulted in the Court's June 26 opinion. The Court's Windsor decision was authored by Justice Anthony Kennedy. Court watchers know that Kennedy was most likely to write this opinion, regardless of what it decided, due to his status as the Court's primary swing vote. Court watchers also know that leading up to this case, Justice Kennedy had authored the only other two Supreme Court cases addressing gay rights, both of which created or expanded upon the core rights realized by gay Americans. The central question, then, was which of two trends would prevail: would Kennedy author a third opinion that expanded rights for gay Americans, or would Kennedy continue his slow creep to the right that has occurred over the life of the Roberts Court. Justice Kennedy's opinion begins in substance when he identifies the tension between DOMA and laws of twelve States. DOMA defined marriage as a relationship between one man and one woman, whereas twelve states, as of June 26, 2013, recognized same-sex marriage. Thus, twelve states granted full marriage rights to same-sex couples, while the federal government recognized no such rights. Such rights include filing joint tax returns and survivorship benefits. Justice Kennedy then moved on to point out that marriage is an area that has long been regarded as a province of the States. In fact, the federal government has long deferred to state law with respect to domestic relations. It was this long history of states regulating domestic relations that empowered states such as New York to authorize and recognize same-sex marriages, to begin with. With this backdrop, Justice Kennedy sorted through the history of DOMA and concludes that its sole purpose as legislation was to injure gay and lesbian Americans wishing to be married--the very class of citizens that New York sought to protect. Justice Kennedy concludes that such intent is improper. Relying on a body of law that he created, Justice Kennedy pointed to the Constitution's guarantee of protection from improper animus or discrimination and determined that DOMA’s deliberate interference with rights granted by states violated that right. Justice Kennedy concluded that DOMA was invalid, explaining: "[DOMA], for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment." [Justice Scalia](https://http://en.wikipedia.org/wiki/Antonin_Scalia), known for his wit, sarcasm, and social conservatism, penned a blistering dissent. His discussion is too broad ranging and too full of bitter one-liners to condense without losing effect. I note only that Justice Scalia seems to have coined a new phrase--"legalistic argle-bargle"—the definition and legal significance of which is left to be seen. By contrast, [Hollingsworth v. Perry](https://http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf), authored by [Chief Justice Roberts](https://http://www.supremecourt.gov/about/biographies.aspx), is a study in federal jurisdictional doctrine and contains no substantive discussion of gay rights, social issues, or constitutional rights. In 2008, the California Supreme Court held that limiting the definition of marriage to opposite-sex couples violated the equal protection clause of the California Constitution. That decision prompted a ballot initiative known as Proposition 8, which was an attempt to garner the support needed to amend California's Constitution to define marriage as between a man and a woman. Proposition 8 passed and became the law of California. A gay couple and a lesbian couple, represented by two superstar attorneys in [Ted Olson](https://http://en.wikipedia.org/wiki/Theodore_Olson)and [David Boies](https://http://en.wikipedia.org/wiki/David_Boies), filed a federal lawsuit claiming that Proposition 8 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. The complaint named as defendants California’s Governor, attorney general, and various other state and local officials responsible for enforcing California’s marriage laws. Those officials refused to defend the law, so the district court allowed the official proponents of Proposition 8 to intervene and defend that lawsuit. After a twelve-day bench trial, the district court declared Proposition 8 unconstitutional for conflicting with the Fourteenth Amendment. After the trial court issued its decision, the named defendants in the lawsuit refused to appeal the district court’s decision, and so the petitioners in front of the U.S. Supreme Court—the proponents of Proposition 8—initiated an appeal. After spending twelve pages discussing the nuances of the doctrine of standing, Chief Justice Roberts concluded that the proponents of Proposition 8 did not have standing to appeal the trial court’s decision and had no standing to bring the case before the Supreme Court. Chief Justice Roberts remanded the case to the Ninth Circuit Court of Appeals for dismissal, leaving the decision of the trial court to stand. As demonstrated above, these two opinions are narrow, limited in scope and jurisdiction. The Court distinctly did not find a constitutional right to same-sex marriage and did not overturn any democratically determined outcome. The Court did not adopt or rely upon any definition of marriage. To those who were worried, the sky is not falling, the world is not ending, and the United States Supreme Court continues to do its job. # Pretrial Procedure | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/pretrial-procedure ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/pretrial-procedure) #Pretrial Procedure #####[Wright v. Miller (Ind. June 21, 2013)](https://http://www.in.gov/judiciary/opinions/pdf/06211301bd.pdf) In this case, the Supreme Court reversed the Trial Court’s exclusion of a plaintiff’s expert witness and dismissal of the plaintiff’s case for repeatedly failing to comply with the Trial Court’s case management order and deadlines. The plaintiff did not list their expert witness on any of the witness lists required by the Trial Court and failed to meet other deadlines imposed by the court, including: preliminary witness list (three days late), final witness list (eleven days late), statement of contentions (twenty-four days late), and final proposed jury instructions (ten days late). It appears, however, that the defendants were aware that the plaintiff intended on calling the expert. Although the Supreme Court “critically view[ed] counsel's haphazard and disrespectful pattern of inattention to or disregard of the trial court’s management and discovery orders and deadlines,” the Court focused on the minimal prejudice to the defendants and found that the exclusion of the expert and dismissal were too harsh. The Court noted that in exercising its inherent power to manage its docket and enforce its orders, ["the trial court should seek to apply sanctions which have a minimal [e]ffect on the evidence presented at trial and the merits of the case,"](https://http://scholar.google.com/scholar_case?case=15341548834145471538&hl=en&as_sdt=2&as_vis=1&oi=scholarr) Wiseheart, 491 N.E.2d at 990, keeping in mind ["that sanctions should not be imposed when circumstances make sanctions unjust,"](https://http://www.in.gov/judiciary/opinions/pdf/11080601trb.pdf) Outback Steakhouse, 856 N.E.2d at 82. The Court was careful to note that the Trial Court could have issued some lesser sanction, stating: - We continue to recognize the trial court's inherent powers in "maintaining its dignity, securing obedience to its process and rules, rebuking interference with the conduct of business, and punishing unseemly behavior," Major, 822 N.E.2d at 169, and we encourage trial judges to actively oversee and manage the cases pending before them. The use and enforcement of case management orders and deadlines are essential to sound judicial administration. But we conclude that the circumstances of the present case warranted some lesser, preliminary, or more pointed sanction fashioned to address counsel's unsatisfactory conduct in this case without depriving the plaintiffs of their ability to present the merits of their case at trial. Justice David dissented, in part, agreeing that dismissing the plaintiff’s claim was too harsh a sanction, but finding that the trial court’s decision to exclude the plaintiff’s expert witness was appropriate. - 'Without seeking to enter the unsettled arena of whether such an expert witness is required in this type of case, I not only believe the exclusion was an appropriate exercise of the trial court’s discretion here, but I struggle to find a more appropriate sanction with which the trial court could have enforced its discovery deadlines and orders when Wright repeatedly failed to include Dr. Nash on her witness lists, filed those witness lists late (along with other delayed filings), and then failed to meet a discovery deadline that had already been extended at her request. " - "While this may not have prejudiced Dr. Miller to the point that dismissal of the action entirely was appropriate, to me it demonstrates a patterned lack of regard for the Trial Rules and the trial court’s authority, much less the successful pursuit of Wright’s own case. Accordingly, I would find no abuse of discretion in striking Wright’s expert witness and therefore respectfully dissent." Justice David raises a good point that the majority opinion does not address. What would be an appropriate sanction for repeated failures to comply with Court orders when prejudice is minimal to the opposing party? Presumably, because the Supreme Court has now held that excluding evidence is impermissible, Trial Courts will be left to order monetary sanctions against non-compliant parties or attorneys. Finally, it is important to note that this case involved a situation where the defendants were not prejudiced by the plaintiff’s untimely identification of witnesses. In many instances, late disclosures will prejudice an opposing party. The lesson from this case is that for the exclusion of evidence or dismissal to be appropriate, a party seeking sanctions must demonstrate prejudice. # Medical Malpractice Claim | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-claim ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-claim) #Medical Malpractice Claim #####[Mooney v. Anonymous M.D. 4 (Ind. Ct. App. June 12, 2013)](https://http://www.in.gov/judiciary/opinions/pdf/06121302ewn.pdf)[1] In this case, the Court of Appeals reversed the dismissal of a medical malpractice claim, finding that the trial court abused its discretion by dismissing the complaint under [Indiana Code section 34-18-10-14](https://http://www.in.gov/legislative/ic/2010/title34/ar18/ch10.html) and that it lacked jurisdiction to dismiss the complaint under [Indiana Trial Rule 41(E)](https://http://www.in.gov/judiciary/rules/trial_proc). In November of 2007, the plaintiff in this case brought a malpractice claim against a hospital, family care physicians, and cardiologists following care the physicians provided to the patient that allegedly caused the patient’s death. As required by Indiana law, the plaintiff first filed a proposed complaint with the [Indiana Department of Insurance](https://http://www.in.gov/idoi/). The Court’s opinion includes a lengthy recitation of the procedural history, including delays in responding to discovery, motions to compel, and numerous letters between the parties and the medical review panel chair. Eventually, the attorney for the hospital and two of the physicians named in the suit filed a motion to dismiss based on the plaintiff’s failure to timely answer discovery The Court began by reciting a helpful overview of the procedure for medical malpractice claims provided "Before a party brings a medical malpractice action in an Indiana court, the [Act] requires that the proposed complaint be presented to a medical review panel and that the panel render an opinion. Ind. Code § 34-18-8-4 (2008). The chairman of the medical review panel has various powers, such as establishing a reasonable schedule for the parties’ submission of evidence. Id. § 34-18-10-3(c). Furthermore, the [Act] states that “[t]he evidence in written form to be considered by the medical review panel shall be promptly submitted by the respective parties.” Id. § 34-18-10-17(a). When a plaintiff fails to adhere to the submission schedule, a defendant may seek recourse in a trial court while a complaint is pending before a medical review panel. In these instances, two additional provisions of the [Act] become pertinent. See Galindo v. Christensen, 569 N.E.2d 702, 704-05 (Ind. Ct. App. 1991). First, a defendant may request the appropriate trial court to “preliminarily determine an . . . issue of law or fact.” I.C. § 34-18-11-1(a)(1). Second, a plaintiff “who fails to act as required by this chapter without good cause shown is subject to mandate or appropriate sanctions upon application to” the trial court. Id. § 34–18–10–14. Thus, a defendant may file a motion with the trial court for a preliminary determination on the plaintiff’s failure to adhere to the submission schedule, and the defendant may request the sanction of dismissal. See Galindo, 569 N.E.2d at 705. The court may dismiss the complaint pending before the medical review panel if the plaintiff fails to show good cause for not adhering to the submission deadline. See [Beemer v. Elskens 677 N.E.2d 1117, 1119 (Ind. Ct. App. 1997)](https://http://caselaw.findlaw.com/in-court-of-appeals/1418019.html), trans. denied. The Court first addressed the trial court’s dismissal under Indiana Code Section 34-18-10-14, The Court explained: "[The statute] does not permit relief when a party has failed to prosecute its case within a specified time period.” Adams v. Chavez, 874 N.E.2d 1038, 1042 (Ind. Ct. App. 2007). Instead, a trial court can grant relief under Indiana Code Section 34-18-10-14 only when two conditions have been met: 1) a party, attorney, or panelist has failed to act as required by Indiana Code Chapter 34-18-10 and 2) good cause has not been shown for the failure to act. Id. at 1042-43." The Court recognized that a trial court may dismiss an action as a sanction for a medical malpractice plaintiff’s failure to follow a submission schedule, but found that no submission schedule was actually in place at the time the defendant physicians asked the trial court to dismiss the action. Therefore, the Court found that the plaintiff had not failed to act as required by the Medical Malpractice Act and that the trial court’s dismissal was an abuse of the court’s discretion. The Court then addressed the trial court’s decision to dismiss the action under Indiana Trial Rule 41(E), which allows trial courts to dismiss actions based on a party’s inaction for a period of 60 days or based on a party’s failure to comply with the Indiana Rules of Trial Procedure. The Court found that only the Commissioner of the Department of Insurance has the authority to move for dismissal under Rule 41(E). The effect of the Court’s ruling is that parties seeking dismissal of complaints based on inaction or violation of discovery rules while a claim is pending in the Department of Insurance must rely on Trial Rule 37, which allows a trial court to dismiss an action for violation of a court order. See [Griffith v. Jones](https://www.courtlistener.com/opinion/2198146/griffith-v-jones/), 602 N.E.2d 107, 110 (Ind. 1992) (recognizing that under the Medical Malpractice Act a trial court may decide “issues of law or fact that may be preliminarily determined under Trial Rule 12(D), and compelling discovery pursuant to Trial Rules 26 through 37, inclusively”). The unfortunate effect of this case is that it discourages parties and attorneys from cooperating and agreeing to informal extensions while matters are pending in the Department of Insurance. Indeed, much of the Court’s rationale for reversing the dismissal under Indiana Code section 34-18-10-14 focused on the defendant physicians’ counsel’s agreements to “reasonable” extension “if necessary.” The Court refused to read in an implied requirement of diligence on behalf of the plaintiff. So, in the future, defendants’ counsel will probably refuse to agree to reasonable extensions for fear of becoming unable to, in the event that substantial delays occur, seek dismissal or other sanctions. [1] [Indiana’s Medical Malpractice Act](https://http://www.in.gov/idoi/2614.htm) generally prohibits claimants from commencing an action against a qualified healthcare provider without first presenting the proposed complaint to a medical review panel in the Indiana Department of Insurance and allowing the panel to render an opinion. See Ind. Code § 34-18-8-4. The Malpractice Act allows plaintiffs to commence an action in state court before the medical review panel has rendered an opinion, but requires that the complaint provided to the trial court contain no information that would allow a third party to identify the defendants. See Ind. Code § 34-18-8-7(a)(1).This confidentiality requirement “serves to ‘disfavor subjecting a health care provider to public accusations of medical malpractice until after such claim is presented to a medical review panel.’” [Kho v. Pennington](https://http://www.in.gov/judiciary/opinions/pdf/09190701bd.pdf), 875 N.E.2d 208, 213 (Ind. 2007) [Schriber v. Anonymous](https://cite.case.law/ne2d/848/1061/), 848 N.E.2d 1061, 1065 n. 3 (Ind. 2006). # Criminal Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/criminal-law ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/criminal-law) #Criminal Law #####[Alexander v. State (Ind. Ct. App. May 10, 2013)](https://http://www.in.gov/judiciary/opinions/pdf/05101301rrp.pdf) In this case, the Indiana Court of Appeals dismissed a criminal appeal on the grounds that the Court of Appeals lacked jurisdiction because the order that the Defendant was attempting to appeal was not a final order. Specifically, the Court of Appeals found that because the trial court had not yet held the restitution hearing and issued the order on restitution, the Defendant’s convictions for aggravated battery could not yet be appealed. The Court relied on its recent decision in [Haste v. State](https://http://www.in.gov/judiciary/opinions/pdf/05251214pdm.pdf), 967 N.E.2d 576 (Ind. Ct. App. 2012), in which the Court of Appeals also dismissed an appeal where the trial court had entered a sentencing order but took the issue of restitution under advisement. The Court of Appeals also took this opportunity to comment on trial courts’ common practice of imposing a sentence but taking the issue of restitution under advisement. The Court noted that this practice “can prove to be problematic—as it has in this case—because it delays a defendant’s ability to begin an appeal due to the fact that a final order has not been entered.” The Court of Appeals explained that “the best practice would be for trial courts to enter an order of restitution at the same time as sentencing.” The other interesting issue in this appeal was that the motions panel had denied the State’s motion to dismiss based on the same arguments that led this panel of the Court of Appeals to dismiss the opinion. The Court of Appeals noted that although the Court is generally “reluctant” to overrule orders issued by the motions panel, the panel of the Court of Appeals that decides the case always has the inherent authority to reconsider a motions panel’s decision. This decision is important for both trial and appellate counsel. It clarifies the time at which a criminal sentencing order becomes ripe for appeal and instructs trial counsel and trial courts that the best procedure is to have a restitution order issued at the same time as a sentencing order. # Complaint Filed with IN Department of Insurance | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-complaint-filed-with-the-indiana-department-of-insurance ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-complaint-filed-with-the-indiana-department-of-insurance) #Medical Malpractice Complaint Filed with the Indiana Department of Insurance #####[Moryl v. Ransone](https://http://www.in.gov/judiciary/opinions/pdf/05091301jgb.pdf) (Ind. Ct. May 9, 2013) In this medical malpractice case, the Indiana Court of Appeals decided, as an issue of first impression, that a proposed complaint for medical malpractice is not considered filed with the Indiana Department of Insurance on the day it is mailed if it sent by a third-party private carrier. In this case, the result was that a proposed complaint that was sent by FedEx the day the statute of limitations expired was not deemed timely filed and the Plaintiff’s case was, therefore, barred by the statute of limitations. The Court relied on Indiana Code 34-18-7-3, which states “a proposed complaint under IC 34-18-8 is considered filed when a copy of the proposed complaint is delivered or mailed by registered or certified mail to the commissioner.” The Court held that under the plain language of the statute, registered or certified mail does not include sending a complaint via a third-party carrier such as FedEx. The Court recognized that Trial Rule 5(F)(4) allows for the filing of pleadings by a third-party commercial carrier and states that the date of filing is the date of deposit with such a third-party commercial carrier. However, this trial rule applies, by its very terms, to filing with a court. Medical Malpractice complaints are first filed with the Department of Insurance, not a court. Therefore, the plain language of the statute governs, or in, says that a complaint is not filed until it is either received by the commissioner or deposited with the U.S. Postal Service via certified or registered mail. This case is of obvious importance to both appellate practitioners and medical malpractice attorneys. Anytime a proposed complaint is filed on or near the statute of limitations, it is certainly worth checking to see if the complaint was sent by a third-party carrier or by U.S. mail as the statue requires. # Family Law: Contribution to Child's College Education | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/family-law-contribution-to-childs-college-education ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/family-law-contribution-to-childs-college-education) #Family Law: Contribution to Child's College Education #####[Lovold v. Ellis (Ind. Ct. App. April 26, 2013)](https://http://www.in.gov/judiciary/opinions/pdf/04261302mgr.pdf) In this decision, [the Indiana Court of Appeals](https://http://www.in.gov/judiciary/appeals/)addressed several issues, including the often-litigated and disputed obligation of a non-custodial parent to contribute to the cost of a child’s college education. The trial court in this case denied the custodial mother’s request for contribution from the non-custodial father on the grounds that the child had repudiated the relationship with his father. The Court of Appeals has previously held that repudiation is a complete defense to a request for contribution to college expenses. See [McKay v. McKay 644 N.E.2d 164, 166 (Ind. Ct. App. 1994)](https://scholar.google.com/scholar_case?case=7097774023658542117&hl=en&as_sdt=6&as_vis=1&oi=scholarr). Repudiation occurs when a child completely refuses to have a relationship with a parent. [The Court explained the McKay rule succinctly and persuasively](https://http://www.theindianaappellatelawyer.com/wp-content/uploads/2013/04/57277897). Thus, because the father in McKay had “stood with open arms” to reestablish a relationship with his son, and all his son wanted was “a court order requiring Father to stand with [an] outstretched, open wallet,” the court relieved the father of the responsibility of contributing to his son’s college education. The Court in this case affirmed the trial court’s finding that the child had repudiated the relationship with his father, describing the mother’s arguments to the contrary as essentially requests to reweigh the evidence presented to the trial court and to reassess the credibility of witnesses, which appellate courts do not do. The Court cited several cases in which the Court of Appeals affirmed a trial court’s decision regarding repudiation and a single case in which the Court of Appeals reversed based on insufficient evidence, [Redd v. Redd, 901 N.E.2d 545 (Ind. Ct. App. 2009).](https://http://scholar.google.com/scholar_case?case=8370178223041752322) As the bar for overturning a trial court’s finding regarding repudiation is clearly high, any appellate counsel defending or challenging such an order would do well to examine the Redd case closely. The Court then addressed the father’s challenge to the trial court's child support order. This challenge involved an issue of first impression in Indiana: whether a child support order should be reduced for the time a child is living on campus if the court has found the child has repudiated the non-custodial parent. The Court held that a non-custodial parent should not be required to contribute to a child’s living expenses on campus if the child has repudiated the parent. As the Court explained, “To hold otherwise would render repudiation no longer a complete defense to the payment of college expenses.” This holding resolves (for the time being at least) an open question and provides guidance for trial courts and family law practitioners regarding the effect of a finding of repudiation. # Case Providing Analysis of Personal Jurisdiction | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/products-liability-case-providing-analysis-of-personal-jurisdiction ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/products-liability-case-providing-analysis-of-personal-jurisdiction) #Products Liability Case Providing Analysis of Personal Jurisdiction [Sebring v. Air Equipment & Engineering, Inc. (April 4, 2013)](https://http://www.in.gov/judiciary/opinions/pdf/04041301tac.pdf) In this products liability case, the Court of Appeals gave a comprehensive analysis of personal jurisdiction. The Court ultimately found that Indiana lacked personal jurisdiction over one of the defendants, NCI, who manufactured a component part of a product that injured an Indiana resident. NCI is a Texas company, has its sole place of business in Cleburne, Texas, and had had no business activities in Indiana for at least six years at the time of the injury. Further, NCI had not made the decision to ship the final product to Indiana. In concluding that the Indiana state court lacked personal jurisdiction, the Court of Appeals relied on [Justice Breyer’s concurring opinion](https://www.law.cornell.edu/supct/justices/breyer.bio.html) in [Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011).](https://scholar.google.com/scholar_case?case=8044386429607151096&hl=en&as_sdt=6&as_vis=1&oi=scholarr) The Court focused on Justice Breyer’s opinion because five justices did not sign on to an opinion. As the Court of Appeals explained, when a fragmented court decides a case and no single rationale explaining the result enjoys the assent of five Justices, “the holding of the court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” [Marks v. United States, 430 U.S. 188, 193 (1977)](https://supreme.justia.com/cases/federal/us/430/188/) [Gregg v. Georgia, 428 U.S.153, 169 n.15 (1976).](https://supreme.justia.com/cases/federal/us/428/153/) The Court agreed with the parties that Justice Breyer’s concurring opinion represented the narrowest ground. In a nutshell, Justice Breyer wrote that when a manufacturer in one state places a product into the stream of commerce that causes injury in a second state, a plaintiff must show “‘something more,’ such as special state-related design, advertising, advice, marketing, or anything else” for the second state to acquire personal jurisdiction. # Employment Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/employment-law ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/employment-law) #Employment Law #####[Walczak v. Labor Works – Fort Wayne, LLC (Ind. March 13, 2013)](https://www.in.gov/judiciary/opinions/pdf/03051206ehf.pdf) In this decision, the Supreme Court addressed some uncertainty that existed regarding the [Wage Payment Act](https://http://www.in.gov/legislative/ic/2010/title22/ar2/ch5.html)and the [Wage Claims Act.](https://http://www.in.gov/legislative/ic/code/title22/ar2/ch9.html) The difference between these two statutory schemes, as succinctly summarized by the Supreme Court, is “that the Wage Payment Act applies to, among others, those who keep or quit their jobs, while the Wage Claims Act applies to those who are fired, laid off, or on strike.” If a claim falls with the Wage Claims Act, an employee cannot file a suit in a state court before exhausting administrative remedies in the Department of Labor. If a claim falls within the Wage Payment Act, an employee may file a suit directly in court. The Supreme Court explained that this issue is jurisdictional and turns on the interpretation of the phrase “voluntarily leaves employment” as used in the Wage Payment Act, Ind. Code § 22-2-5-1(b), and “separates any employee from the payroll” as used in the Wage Claims Act, Ind. Code § 22-2-9-2(a). The Court first held that the courts, not the Department of Labor, should decide whether an employee voluntarily left employment, explaining: “That is an issue of statutory construction dispositive on the question of jurisdiction, and it, therefore, lies squarely within the judicial bailiwick.” The Court elaborated that by leaving the determination to the Department of Labor, “we effectively would add an exhaustion requirement to the Wage Payment Act—an exhaustion requirement that as our Court of Appeals has noted, is wholly absent from the statutory text.” [Rental Equip., Inc. v. Gifford, 744 N.E.2d 1007, 1010 (Ind. Ct. App. 2001)](https://http://scholar.google.com/scholar_case?case=1537382910598373447 L)(“[A] plaintiff bringing a claim under I.C. § 22-2-5-2 is not required to first exhaust any available administrative remedies prior to filing suit.”). The primary argument put forth by the employer in this case was that the Wage Payment could not apply to day laborers, who are, by the very nature of their work, separated from employment at the end of each day. The Supreme Court rejected this argument, primarily on policy grounds: Ultimately, we believe the drafters of the Wage Payment Act intended the statute to benefit the entire Indiana workforce, including day labor employees. Day labor is not a newcomer to Indiana’s economy, and the drafters of the Wage Payment and Wage Claims Acts were likely aware of its role in the state’s employment landscape. Therefore, day labor employees are no less entitled to the statutory protections that the General Assembly has provided than any other Hoosier employees. This case is, of course, important for employment law attorneys, as it clarifies the process for determining whether a claim falls within the Wage Payment Act or the Wage Claims Act. The opinion, written by Justice Massa, is also an interesting and enjoyable read. Justice Massa includes several literary references, a discussion of Indiana history as it relates to day laborers, and a pragmatic explanation of the ultimate legal conclusion: Taken together, all of these circumstances lead us to conclude Walczak was not “separate[d] from the payroll” and need not comply with the requirements of the Wage Claims Act. Labor Works may say that all its employees are terminated after every shift and rehired the next day, like phoenixes rising daily from the ashes, but its employees, unlike those who have really been “separate[d] from the payroll,” have a realistic expectation that if they show up the next day, they may receive a job assignment. In other words, Walczak is more duck than phoenix. This type of opinion and writing style helps both lawyers and non-lawyers understand a Court’s reasoning, and exemplifies the modern approach to legal writing. # Family Law: Grandparents' Rights | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/family-law-grandparents-rights ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/family-law-grandparents-rights) #Family Law: Grandparents' Rights #####[In re Visitation of M.L.B. (Ind. March 7, 2013)](https://http://www.in.gov/judiciary/opinions/pdf/03071301LHR.pdf) In this opinion, the Supreme Court addressed the tension that often arises between grandparents’ rights to see their grandchildren and parents’ rights regarding their children. Justice Rucker wrote in the opinion’s opening paragraph: A child’s relationship with his grandparents is important and can deserve protection under the Grandparent Visitation Act. But grandparent-visitation orders necessarily impinge, to some degree, on a parent’s constitutionally protected rights. Based on these considerations, the Supreme Court held that when granting grandparents visitation rights, trial courts must: 1) include findings that address four factors balancing parents’ rights and the child’s best interests, and 2) limit the visitation award to an amount that does not substantially infringe on parents’ rights to control the upbringing of their children. The four factors a trial court must address are: (1) a presumption that a fit parent’s decision about grandparent visitation is in the child’s best interests (thus placing the burden of proof on the petitioning grandparents); (2) the “special weight” that must, therefore, be given to a fit parent’s decision regarding nonparental visitation (thus establishing a heightened standard of proof by which a grandparent must rebut the presumption); (3) “some weight” given to whether a parent has agreed to some visitation or denied it entirely (since a denial means the very existence of a child-grandparent relationship is at stake, while the question otherwise is merely how much visitation is appropriate); and (4) whether the petitioning grandparent has established that visitation is in the child’s best interests. These factors come from the prior Court of Appeals decision, [McCune v. Frey, 783 N.E.2d 752, 757–59 (Ind. Ct. App. 2003),](https://http://scholar.google.com/scholar_case?case=12182451859564232113) which in turn relied on the United States Supreme Court decision of [Troxel v. Granville, 530 U.S. 57 (2000).](https://http://scholar.google.com/scholar_case?case=10935528927815644277) The Court of Appeals decision in this case found that the trial court's order, although it did not address all four factors specifically, did so by implication. Judge Barnes dissented, disagreeing with the majority's position that the trial court's failure to specifically address the factors was merely “form over substance.” The Supreme Court agreed with Judge Barnes and held that a trial court’s failure to expressly address all four factors will inherently render an order on grandparent visitation unconstitutional. The Supreme Court also discussed the factors and determined that the trial court had awarded an inappropriate amount of grandparent time. The Supreme Court found it particularly important that the trial court: 1) awarded more time than the mother had voluntarily allowed the grandparents to have before the court's involvement; and 2) refused to impose as a condition on visitation that the biological father (who had recently lost his parental rights) not be present. The grandparents and mother had voluntarily imposed this condition for years. The Court found that the trial court’s order risks exactly what [Troxel](https://http://scholar.google.com/scholar_case?case=10935528927815644277)forbids: “infring[ing] on the fundamental right of parents to make child-rearing decisions” by substituting a court’s own judgment of what would be “a ‘better’ decision.” The Supreme Court remanded the case to the trial court with instructions to issue more complete findings and to curtail the amount of visitation awarded. The Supreme Court gave some guidance to the trial court, but did not impose bright-line rules for what the order must include: Obviously, it will not be enough to merely recite those factors, unless there is also analysis of how the evidence as weighed by the trial court fits within that framework. Conversely, we also do not decide the extent to which a trial court’s findings that do not mention these factors by name might nevertheless sufficiently address them in substance. For today, it is enough to observe that this particular order wholly fails to address the first two factors, and is unclear at best as to its assessment of the third; and that each of those defects is of constitutional dimension. This decision is important for family law practitioners who currently are dealing with a grandparent visitation issue or who represent a party who was recently affected by a grandparent visitation order. As this opinion indicates, if a trial court’s order does not specifically address all four [Frey](https://caselaw.findlaw.com/nd-supreme-court/1687234.html) factors, the order is, on its face, improper and subject to remand on appeal. Going forward, both lawyers and trial courts should make sure that the trial court's orders on grandparent visitation issues specifically address all four factors. # Subject Matter Jurisdiction to Hear Labor Disputes | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/subject-matter-jurisdiction-to-hear-labor-disputes ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/subject-matter-jurisdiction-to-hear-labor-disputes) #Subject Matter Jurisdiction to Hear Labor Disputes #####[Walczak v. Labor Works-Fort Wayne, LLC (Ind. Ct. App. March 5, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/03051206ehf.pdf) This case involved a claim for unpaid wages filed by an employee against a temp agency. The determinative issue was whether the employee’s action fell under the Wage Payment statute, which applies to current employees and employees who voluntarily leave employment, or the Wage Claims Statute, which applies to employees who were involuntarily separated from employment. The Court did not reach the employee’s argument that the Wage Claim Statute applies only where an employee was fired or where the employee’s work was suspended due to a labor dispute, as the Court concluded that the trial court lacked subject matter jurisdiction. Specifically, the Court found the claim involved factual issues that should have been resolved by the Department of Labor. Thus, the Court reversed the trial court’s grant of summary judgment to the temp agency and remanded with instructions to dismiss the employee’s complaint. This case demonstrates the importance of subject matter jurisdiction. From the text of the opinion, it appears that although Labor Works had raised the issue below, neither the parties nor the trial court focused on the issue. The Court of Appeals, however, found subject matter jurisdiction to be the dispositive issue and declined to address other potential issues. The Court also refused to affirm the grant of summary judgment in favor of the employer, as the trial court did not have jurisdiction to grant this relief. The takeaway here is that if a party has a subject matter jurisdiction argument, it is important to pursue it fully, as affirmative relief granted can be vacated if the subject matter jurisdiction argument would have been successful. # Family Law: Turner v. Turner | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/family-law-turner-v-turner ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/family-law-turner-v-turner) #Family Law: Turner v. Turner #####[Turner v. Turner (Ind. Ct. App. Feb. 28, 2013)](https://http://www.in.gov/judiciary/opinions/pdf/02281301rrp.pdf) On July 1, 2012, the legislature amended Indiana Code § 31-16-6-6 by changing the presumptive age for termination of child support from twenty-one to nineteen. In this case, the Court of Appeals addressed the effect of the amended statute on child support orders entered before the amendment. Here, before section 31-16-6-6 was amended, the trial court entered an order requiring a father to pay child support until his son's twenty-first birthday. The Court of Appeals held that the statute controlled over the trial court’s prior order. Therefore, the father's support obligations terminated upon his son’s nineteenth birthday. This decision answers an important question for family law practitioners and should provide clarity to courts faced with petitions to modify support obligations based on the amended statute. The Court was careful to recognize that parties may still enter into agreements to provide child support past a child’s nineteenth birthday. The Court also clarified that its decision applied only to child support obligations and had no effect on a parent’s obligation to provide educational support. Finally, it is worth noting that the mother (the appellee) in this case did not file an appellate brief. However, as the Supreme Court has recognized, an appellee who did not file a brief before the Court of Appeals may still seek a transfer. See N. Indiana Pub. Serv. Co. v. Minniefield, 823 N.E.2d 273 (Ind. 2005). Therefore, the Supreme Court may still review this decision if the mother chooses to seek a transfer. # Premises Liability | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/premises-liability ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/premises-liability) #Premises Liability [South Shore Baseball, LLC v. DeJesus (Ind. Ct. App. Feb. 15, 2013)](https://http://www.in.gov/judiciary/opinions/pdf/02151302cjb.pdf) The Indiana Court of Appeals has issued a decision that significantly affect claims involving injuries to spectators at baseball games or other sporting events. The South Shore case involved a claim brought by a spectator injured by a foul ball at a South Shore Railcats game in Gary, Indiana. The Court held that the defendants, the baseball organization and the stadium owner, were not liable to the spectator for the injuries based on a number of factors, including warnings provided to spectators and the inherent risk of being struck by a foul ball at a baseball game. The Court also held that the defendants did not owe a duty to provide protective netting that protected all fans. The Court’s decision included a very interesting analysis of national law regarding the risks of baseball games. The Court cited and quoted Courts from Louisiana, North Carolina, Texas, California, Michigan, Pennsylvania, Massachusetts, Missouri, and Washington for the following propositions: It is well known … that it is not possible, at baseball games, for the ball to be kept at all times within the confines of the playing field, and anyone familiar with the game of baseball knows that balls are frequently fouled into the stands and bleachers. Such are common incidents of the game which necessarily involve dangers to spectators. However, danger notwithstanding, it is widely accepted that whether baseball fans are viewed as participants in the game itself or merely passive spectators, one thing is certain: the chance to apprehend a misdirected baseball is as much a part of the game as the seventh inning stretch or peanuts and Cracker Jack. In other words, spectators know about the risk of being in the stands and, in fact, welcome that risk to a certain extent. . . . [T]he frequency with which foul balls go astray, alight in the grandstand or field, and are sometimes caught and retained by onlookers at baseball games is a matter of such common everyday practical knowledge as to be a subject of judicial notice. . . . [S]pectators cannot watch many innings of an ordinary game without coming to a full realization that batters cannot, and do not, control the direction of the ball which they strike and that foul tips or liners may go in an entirely unexpected direction. One could not hear the bat strike the ball many times without realizing that the ball was a hard object. Even the sound of the contact of the ball with the gloves or mitts of the players would soon apprize him of that. Furthermore, a spectator familiar with the game assumes the reasonable risks and hazards inherent in the game … and it is common knowledge that one of these hazards is the possibility of being hit by a foul ball. Slip Op. at p. 6-8, internal quotations and citations omitted. This decision will clearly affect claims and lawsuits involving injuries to spectators at baseball games. It remains to be seen to what extent the decision will affect claims brought by spectators at other sporting events. Although the analysis was specific to baseball, much of the logic used would apply to, for example, spectators at hockey games being struck by hockey pucks. The logic would arguably apply to non-sporting events such as concerts, fireworks displays, or other entertainment events. The spectator in the South Shore case still has the option to seek transfer to the Indiana Supreme Court. We should know whether the Supreme Court will take such action in approximately six months. # Appeals in the News- early January | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/appeals-in-the-news-early-january ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/appeals-in-the-news-early-january) #Appeals in the News- early January It has been a busy start to 2013 for appeals in the news. ###**Death Row Inmates Not Entitled to Indefinite Stays of Appeals** In Ryan v. Gonzales, U.S. Supreme Court, No. 10-930; and Tibbals v. Carter, U.S. Supreme Court, No. 11-218, the Supreme Court held that death row defendants are not entitled to have their appeals indefinitely delayed until the defendants are judged competent to assist in their defense. ###**Stem Cell Research** The Supreme Court denied cert in a case challenging the use of embryonic stem cell research, thereby leaving in place the decision of the D.C. Circuit [Sherley v. Sebelius, 644 F.3d 388 (D.C. Cir. 2011)](https://law.justia.com/cases/federal/appellate-courts/cadc/11-5241/11-5241-2012-08-24.html). The D.C. Circuit overturned a preliminary injunction preventing the National Institutes of Health from funding research using human embryonic stem cells. Although groups have touted the Supreme Court’s cert denial as a victory for science, it should be noted that a denial of cert does not endorse the Circuit Court’s holding, the denial simply is a refusal to intervene. ###**Justice Thomas Speaks** Justice Clarence Thomas broke his famous (or infamous, depending on who you ask) seven-year silence during oral arguments. He did not ask a question but made a comment during oral argument in the matter of Boyer v. Louisiana. Although it is not entirely clear what Justice Thomas said, it appears that it was a light-hearted comment regarding Yale University, Justice Thomas’s alma mater. [The New York Times’ article](https://www.nytimes.com/2013/01/15/us/clarence-thomas-breaks-silence-in-supreme-court.html) on Justice Thomas’s comment contains a brief overview of some of his reasons for not asking questions during oral argument. ###**Oral Argument on Same-Sex Marriage** Finally, the [Supreme Court announced](https://www.washingtonpost.com/politics/2012/12/07/4bf6c366-40ab-11e2-ae43-cf491b837f7b_story.html?noredirect=on&utm_term=.e7e77d1dd83c) that it will hear appeals involving same-sex marriage laws on March 26, 2013. These arguments will no doubt generate considerable publicity and public debate over the coming months. # Tort Prejudgment Interest Statutes | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/tort-prejudgment-interest-statutes ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/tort-prejudgment-interest-statutes) #Tort Prejudgment Interest Statutes - [Kosarko v. Padula](https://http://www.in.gov/judiciary/opinions/pdf/12121202bd.pdf) - [Inman v. State Farm Mutual Automobile Insurance Company](https://http://www.in.gov/judiciary/opinions/pdf/12121201bd.pdf) - [Alsheik v. Guerrero](https://scholar.google.com/scholar_case?case=2032942344375261963&hl=en&as_sdt=6&as_vis=1&oi=scholarr) - [Wisner v. Laney (Ind. December 12, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/12121201shd.pdf) ##### **On December 12, 2012, the Supreme Court handed down four decisions interpreting the** Tort Prejudgment Interest Statutes (TPIS), Kosarko v. Padula; Inman v. State Farm Mutual Automobile Insurance Company; Alsheik v. Guerrero; and Wisner v. Laney. ###**Background on the TPIS** The Indiana General Assembly enacted the TPIS in 1988. The statutes allow plaintiffs to recover prejudgment interest in “any civil action arising out of tortious conduct.” Ind. Code § 34–51–4–1. Section 34–51–4–6 requires the plaintiff to make a qualified written offer of settlement within one year of filing a claim in order to be eligible to receive prejudgment interest. Section 34–51–4–5 empowers the defendant to avoid prejudgment interest on any judgment award if the defendant makes a qualified offer of settlement within nine months of the time at which the claim is filed. If a plaintiff makes a qualified settlement offer and the defendant fails to do so, the statute then gives the trial court discretion to award prejudgment interest, determine the time period for accrual, and set the rate of interest. Ind. Code §§ 34–51–4–7 through -9; Kosarko. ###**Discretionary nature of pre-judgment interest** The Court emphasized in all four decisions that the TPIS gives trial courts broad discretion to determine the amount, if any, of prejudgment interest to award. Trial courts have the discretion to award no interest at all, to determine the rate, to determine the time period over which to award interest, and whether to calculate interest based on the amount of judgment or amount of available insurance coverage. Wisner; Kosarko; Inman; Alsheik (noting that the TPIS “does not require an award of prejudgment interest”). The trial court can simply deny a request for interest without an explanation. See Inman. However, if a trial court explains reasons for its award or lack of award and the reasons are legally deficient, an appellate court will reverse the award. See Alsheik; Kosarko. ###**Requirements of the TPIS** In order to be eligible for prejudgment interest, the settlement letter must comply with the statutory requirements and be timely sent. See Wisner; Alsheik. For a plaintiff's settlement offer to qualify, it must be extended “within one (1) year after a claim is filed in the court, or any longer period determined by the court to be necessary upon a showing of good cause,” be in writing, be made to the party or parties against whom the claim is filed, “provide for payment of the settlement offer within sixty (60) days after the offer is accepted,” and not exceed “one and one-third (1 1/3) of the amount of the judgment awarded.” See Ind. Code § 34–51–4–6; Kosarko. For a defendant's settlement offer to qualify, it must be extended by “one (1) or more of the parties against whom the claim is filed,” be filed “within nine (9) months after a claim is filed in the court, or any longer period determined by the court to be necessary upon a showing of good cause,” be in writing, be made “to the party receiving a judgment,” provide for “payment within sixty (60) days after the offer is accepted,” and be “at least two-thirds (2/3) of the amount of the judgment award.” Ind. Code § 34–51–4–5; Kosarko v. Plaadu, Slip Op. p. 4 n.4. The Supreme Court explained that the better practice is for parties to cite the TPIS in the letter, include the sixty-day settlement window, and note the possibility of prejudgment interests. See Wisner; Alsheik. However, both the Wisner and Alsheik courts found letters that did not track the statute met the “minimum threshold” for compliance. In Alsheik, the Court also found that the plaintiff’s settlement letter was timely sent. The Plaintiff filed the lawsuit in May 2002, dismissed the suit in January 2003, sent the settlement letter in April 2003, and filed a new complaint in state court in February 2006. The Court chose to not strictly enforce the TPIS's language and held that settlement letters sent before suit is filed can comply with the statute. The Court cited a policy of encouraging settlement before suits are filed. Although courts generally leave such policy decisions to the legislature, the Alsheik Court chose to stray from this general rule of statutory construction in this case and basically substituted “before” for “within” by holding that the one-year period for sending a settlement letter establishes a deadline, not a timeframe. In Wisner, the Court held the settlement letter was not timely and therefore did not comply with the TPIS. In Wisner, the plaintiff filed suit in November 2002, sent the settlement letter in April 2005, dismissed the complaint in 2006, and refilled the complaint in August 2007. The Court, in dicta, stated that the plaintiff should have sent a new letter within one year of filing the second suit. This dicta apparently would have given the plaintiff the opportunity to fix the failure to send the initial settlement letter within one year of filing the initial complaint. It is hard to argue that plaintiffs should be allowed to resurrect prejudgment interest claims by dismissing and refilling suits, and if the issue is ever squarely before a court, defendants should argue that such letters do not comply with the TPIS. **The TPIS’s effect on the common law** As the Supreme Court explained, the TPIS abrogate common law prejudgment interest rules. See Kosarko;Inman. The Kosarko court explained that this conclusion is based on the comprehensive nature of the TPIS and the TPIS’s codification of two aspects of the common law. Specifically, the TPIS authorizes the trial court to award prejudgment interest as part of a judgment, see Ind. Code § 35-51-4-7, and exempts punitive damages from prejudgment interest see Ind. Code § 34-51-4-3. Therefore, cases involving prejudgment interest that predate the TPIS will not be particularly useful going forward. ###**Underinsured and uninsured motorist claims and the TPIS** In Inman, the Court held that the TPIS applies to underinsured motorist (UIM) and uninsured motorist (UM) claims, and, arguably, other insurance disputes that arise out of tortuous conduct. See Inman; Ind. Code § 34-51-4-1. The Inman Court specifically held that a prejudgment interest award can exceed a UM or UIM policy’s limits. The natural reaction of insurance companies would be to include language in their policies specifically precluding prejudgment interest. However, the Inman Court specifically held that insurance companies cannot include such terms in policies. The Court stated: “it is not within the parties’ power to contractually preclude a prejudgment interest award made under the TPIS.” The Court held that the only way for a party to avoid a prejudgment interest award is by extending a qualified settlement offer. ###**Conclusion** These four decisions go a long way toward clarifying situations under which prejudgment interest awards may be appropriate. By holding that the common law no longer applies to prejudgment requests, these decisions will often be the only authority for determining whether prejudgment interest is appropriate. Both plaintiff and defense attorneys should be very familiar with these cases for purposes of determining whether prejudgment interest may be awarded in pending cases and for purposes of securing or defeating the right to prejudgment interest in future cases. In the interest of full disclosure, the author of this post was a member of the same firm as the defense attorneys in Wisner, Edward Murphy, and Heidi Koeneman. # Child Custody | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/child-custody ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/child-custody) #Child Custody #####[D.C. v. J.A.C. (Ind. Nov. 13, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/11131202shd.pdf) ##Case Overview In this child custody dispute, the Indiana Supreme Court affirmed the trial court’s decision to modify custody in favor of the father and prevent the mother from moving out of state with the child. The Court of Appeals had reversed the trial court’s decision. The Supreme Court, relying on the deference afforded to trial courts in family law matters, concluded the evidence submitted at the custody hearing supported the trial court’s decision. ##Indiana Relocation Law Framework The Supreme Court first offered a succinct overview of Indiana law regarding relocation. ###Burden of Proof in Relocation Cases When a parent files a notice of intent to relocate, the nonrelocating parent may object by moving to modify custody or to prevent the child’s relocation. Ind. Code § 31-17-2.2-1(b); 31-17-2.2-5(a). When this objection is made, “[t]he relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason.” I.C. § 31-17-2.2-5(c). If the relocating parent shows good faith and a legitimate reason, “the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child.” Id. § 31-17-2.2-5(d). ###Statutory Factors for Relocation Decisions A court must weigh the following factors in considering a proposed relocation, as set forth in Indiana Code section 31-17-2.2-1(b): The distance involved in the proposed change of residence.The hardship and expense involved for the nonrelocating individual to exercise parenting time or grandparent visitation.The feasibility of preserving the relationship between the nonrelocating individual and the child through suitable parenting time and grandparent visitation arrangements, including consideration of the financial circumstances of the parties.Whether there is an established pattern of conduct by the relocating individual, including actions by the relocating individual to either promote or thwart a nonrelocating individual’s contact with the child.The reasons provided by the: - (A) relocating individual for seeking relocation; and - (B) nonrelocating parent for opposing the relocation of the child.Other factors affecting the best interest of the child. “Other factors affecting the best interest of the child” include, among other things: - The child’s age and sex - The parents’ wishes - The child’s wishes, with the wishes of children fourteen years or older being given more weight; - The child’s relationship with parents, siblings, and any other person affecting the child’s best interests - The child’s adjustment to home, school, and the community. I.C. § 31-17-2-8. ##Trial Court's Analysis and Findings The trial court then turned to the issue of whether relocation of Child was in Child’s best interest. It ultimately found that relocation would not be in Child’s best interests, citing the following reasons: the distance involved in the move was significant; Father was very involved in Child’s daily activities and education; both maternal and paternal grandparents, along with other extended family, were involved in Child’s daily life in Indiana; and relocation would cause “significant deterioration” in Child’s relationships with Father and Child’s extended family. ##Appellate Review and Standard of Deference The Court of Appeals reversed the trial court’s decision, but the Supreme Court, noting the broad discretion afforded to trial courts in family law matters, affirmed the trial court and reversed the Court of Appeals. The Supreme Court repeatedly stressed the standard of review. The Court’s conclusion states: Trial courts are afforded a great deal of deference in family law matters, including relocation and custody disputes. The trial court, in this case, made sufficient and supportable findings to sustain its decision to prevent relocation and modify custody. Applying the highly deferential standard of review, we affirm the trial court. ##Practical Implications This decision is important to family law and appellate practitioners for two reasons. First, it provides an overview of relocation law. Second, it emphasizes the discretion afforded to trial courts. Any practitioner defending a trial court’s ruling will do well to rely heavily on this case; parties seeking to overturn a trial court’s decision must find ways to distinguish this case or at least be prepared to explain how a trial court abused its “broad” and “significant” discretion. # Amerisafe Risk Services, Inc. v. Estate of Wadsack | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/workers-compensation-law-amerisafe-risk-services-inc-v-estate-of-wadsack ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/workers-compensation-law-amerisafe-risk-services-inc-v-estate-of-wadsack) #Worker's Compensation Law: Amerisafe Risk Services, Inc. v. Estate of Wadsack [Amerisafe Risk Services, Inc. v. Estate of Wadsack (Ind. Ct. App. Nov. 9, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/11141203jsk.pdf) In this case, the Court of Appeals held that a party bringing against a worker’s compensation insurer and claims handler must first bring the claim before the Worker’s Compensation Board before proceeding in state court. The Court of Appeals, therefore, held that the trial court in this case properly dismissed the plaintiff’s claim for lack of subject matter jurisdiction. This decision is based primarily in the text of the Worker’s Compensation Act and a prior decision, Borgman v. State Farm Ins. Co, 713 N.E.2d 851, 853 (Ind. Ct. App. 1999), which held bad faith claims fell with the Worker’s Compensation Board’s exclusive jurisdiction. The decision clarified what was not entirely clear before: the exclusivity provision of the Worker’s Compensation Act applies to derivative claims, not only claims brought by an injured employee. This case and the general principle of subject matter jurisdiction and the Worker’s Compensation Act are important for injured employees and their employees. Courts, especially Indiana’s appellate courts, take subject matter jurisdiction very seriously and insist on strict compliance with statutory schemes such as the Worker’s Compensation Act, which requires litigants to first pursue their claims before administrative bodies before resorting to state courts. # Appellate Procedure | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/appellate-procedure ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/appellate-procedure) #Appellate Procedure [State v. Holtsclaw (Ind. November 5, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/11051201mm.doc.pdf) In this case, the Indiana Supreme Court held that Appellate Rule 9, which tolls the thirty-day deadline for filing a notice of appeal when a party files a motion to correct an error, applies not only in civil cases but also to the State in a criminal case. This decision reversed the Court of Appeals decision which held the State had forfeited the appeal by failing to file its notice of appeal within the thirty-day deadline. This decision turned on whether Appellate Rule 9, which tolls the thirty-deadline to file a notice of appeal “if any party files a timely motion to correct error” prevailed over Indiana Code section 35-38-4-2, which allowed the State to appeal only orders granting motions to suppress or orders granting motions to correct an error. The Supreme Court applied the well-established principle that the Supreme Court’s rules prevail over any conflicting law. See State ex rel. Crawford v. Del. Cir. Ct., 655 N.E.2d 499, 500 (Ind. 1995); Ind. Code § 34-8-1-3. The only window the Supreme Court left open was in its holding that the defendant waived his constitutional argument by failing to appropriately develop and support the argument. However, this argument would likely fail to prevail even if properly raised, as the rule that the Supreme Court’s rules prevail over statutes has constitutional roots itself. This case serves as a reminder that statutes enacted by the legislature may be either void or of limited scope based on their conflict with Trial Rules or Appellate Rules. Counsel addressing statutes that affect trial or appellate procedure should be sure to perform an analysis of whether any court rule conflicts with the statute. # Protective Orders | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/protective-orders ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/protective-orders) #Protective Orders #####[A.G. v. P.G. (Ind. Ct. App. Sept. 21, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/09211202msm.pdf) In this case, the Court of Appeals affirmed the trial court’s extension of a protective order issued against a father in favor of a mother. The Court’s discussion involves a helpful review of Indiana law and policy regarding protective orders. This decision also provides an example of the Court’s swift treatment of requests to reweigh the evidence: To the extent Father’s arguments are premised on conflicting evidence, they are invitations for us to reweigh the evidence, which we cannot do. The Court also noted, in footnote 1, that it was not reviewing the father’s arguments involving the admissibility of the evidence because the father appealed following a bench trial. The Court noted that it presumes that a trial court disregards inadmissible evidence and that the father offered nothing to overcome the presumption. This rule is important for appellate practitioners to remember when appealing following bench trials. Any appeal arguing that the court improperly admitted evidence must be accompanied by an explanation of how the court improperly considered the evidence. # Criminal Procedure- Search and Seizure | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/criminal-procedure-search-and-seizure ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/criminal-procedure-search-and-seizure) #Criminal Procedure- Search and Seizure #####[Carpenter v. State (Ind. Ct. App. Sept. 19, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/09191201mpb.pdf) In this case the Court of Appeals affirmed the defendant’s conviction for Class B felony conspiracy to commit dealing in methamphetamine. The factual circumstances that led to the defendant’s arrest are unusual and raised important constitutional issues. Local sheriff deputies had an arrest warrant that listed the arrestee’s address as an intersection. The deputies asked the local police for assistance, and were told that the arrestee lived at an address near the intersection. The deputies went to the house to which the local police directed them to serve the warrant. After they knocked on the door, sheriffs observed people in the house flushing items down the toilet and saw what appeared to be a methamphetamine lab. After the deputies obtained a search warrant, they entered the residence and arrested the defendant, who was ultimately convicted of Class B felony conspiracy to commit dealing in methamphetamine. The person listed on the arrest warrant did not live at the residence and had not for over a year. The defendant appealed, arguing that the deputies’ search violated both the United States Constitution and the Indiana Constitution. He argued that the police did not have a legitimate reason for being on the property because the person they were attempting to arrest had not lived at the property for over a year and the officers did not have reason to believe that he was at the property. The defendant also argued that a deputy’s initial entry into the side yard, looking into the window, and returning to the window with anther deputy were unlawful. The Court of Appeals first found that the officers’ decision to go to the house was reasonable under the 4 Amendment to the U.S. Constitution: We conclude that the information known to the officers was sufficient to give the officers a reasonable belief that the house was Howard’s residence and that Howard was present at the time. The arrest warrant listed an approximate last known address for Howard and that information was confirmed by another officer. Further, given the late hour, the vehicles in the driveway, and the lights on at the residence, the officers had reason to believe that Howard would be home. The fact that the officers’ beliefs were ultimately incorrect is merely hindsight and does not affect whether they had reason to believe that the house was Howard’s residence and that Howard was present at the time of serving the warrant. Slip Op. p.6-7, internal citations omitted. The defendant then argued that the deputies improperly entered the residence’s curtilage (the land immediately surrounding and associated with the home). The Court reasoned that because the arrest warrant gave the officers authority to enter the house, they had authority to enter the curtilage and observe things in plain view and that the officers’ action did not violate the 4 Amendment. The Court next addressed the defendant’s Indiana Constitution argument. Article 1, Section 11 of the Indiana Constitution uses the same language as the 4 Amendment to the U.S. Constitution. But Indiana courts use a different analysis when deciding whether state action violates the Indiana Constitution than when deciding whether state action violates the U.S. Constitution. In order for an appellate court to analyze state action under the Indiana Constitution, an appealing party must do more than cite the Indiana Constitution; the party must present argument regarding factors used to determine whether action is reasonable. In this case, the Court held the defendant waived his argument by failing to discuss the factors. Nevertheless, the Court held that the officers’ action did not violate the Indiana Constitution: The officers here had reason to believe that Howard lived at the residence and was present, and thus, the degree of suspicion was moderate. The degree of intrusion into Carpenter’s residence was minimal, and the extent of the law enforcement needs was moderate. Slip. Op. p.11. This case involves a thorough discussion of 4 Amendment and Article 1, Section 11 law. It is a good starting place for an appellate practitioner addressing a potentially improper search. It also is a reminder that raising an argument based on Article 1, Section 11 should include a thoughtful analysis of how the state action was unreasonable under the Litchfield factors. The factors are: “1) the degree of concern, suspicion, or knowledge that a violation has occurred, 2) the degree of intrusion the method of the search or seizure imposes on the citizen’s ordinary activities, and 3) the extent of law enforcement needs.” Litchfield v. State, 824 N.E.2d 356, 361 (Ind. 2005). # Underinsured Motorist Insurance & Subrogation | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/underinsured-motorist-insurance-and-subrogation-rights ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/underinsured-motorist-insurance-and-subrogation-rights) #Underinsured Motorist Insurance and Subrogation Rights #####[State Farm Mutual Automobile Insurance Company v. Kern (Ind. Ct. App. Sept. 20, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/09201201mgr.pdf) The Court of Appeals issued an important decision regarding underinsured motorist insurance and subrogation rights. A jury found Alan Steady one-hundred percent at fault for injuries Ronald Kern sustained when the two were involved in a car accident and awarded Kern $98,000 in damages. Steady had $25,000 worth of insurance coverage. Therefore, State Farm, Kern’s insurer, paid the difference between the $98,000 and the payments made by Steady’s insurance company. Steady asked the trial court to deem the judgment against him satisfied pursuant to Indiana Trial Rule 60(B)(7) because Kern was compensated by State Farm. The trial court granted Steady’s motion. State Farm, appealed and the Court of Appeals reversed the trial court’s decision. The Court’s explanation is thorough, persuasive, and worth reproducing in full: When an insurer compensates its insured due to a third party tortfeasor being underinsured, the third party tortfeasor’s liability is not reduced. Rather, Indiana Code section 27-7-5-6(a) provides that the insurer may enforce its insured’s right of recovery against the third-party tortfeasor, either in its own name or in the name of its insured, and that the insurer shall then be subrogated to the proceeds of any settlement or judgment that results.2 To allow a judgment entered against the third-party tortfeasor to be deemed satisfied due to the insurer’s underinsured motorist payment to its insured would undermine the purpose of this statute. Thus, we conclude that when a judgment is entered against a third-party tortfeasor, said judgment is not satisfied when the plaintiff’s insurer compensates the plaintiff due to the third-party tortfeasor’s being underinsured. Steady is not entitled to benefit from Kern’s carefulness and assiduousness in obtaining underinsured motorist insurance coverage. (Slip Op. p.5-6.) This decision is very important for insurance defense counsel who represents potentially underinsured defendants and those who represent underinsurance carriers. Counsel should be aware of the consequences of a verdict in excess of the defendant’s insurance policy limits and should communicate these consequences to their clients. This Rule provides that a trial court may relieve a party from a judgment after the judgment is satisfied. Uninsured motorist carriers who pay benefits to their insureds may subsequently attempt to recover from the at-fault party. # Appellate Law | Medical Malpractice | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/medical-malpractice ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/medical-malpractice) #Medical Malpractice #####[Columbus Regional Hospital v. Amburgey (Ind. Ct. App. Sept. 19, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/09191201ebb.pdf) This medical malpractice case involves an important issue of law not previously explicitly addressed by Indiana Courts: whether a plaintiff may pursue a claim against a principal based on an apparent agency relationship where the party did not sue the agent and the statute of limitations against the agent has run. This panel of the Court of Appeals held that a plaintiff may maintain such an action, relying on cases from Wisconsin and Tennessee. The Court did not cite or discuss cases from other jurisdictions holding that plaintiffs may not maintain such suits. In fact, the majority view appears to be that such suits are improper. The Court also did not discuss Indiana cases holding that if a suit against an agent is barred, the suit against the principal is also barred. It will be interesting to see if this decision remains the last word by our appellate courts on this issue. This case is important in the medical malpractice context, in which plaintiffs often attempt to hold hospitals and other healthcare providers liable under the apparent agency doctrine. This decision also arguably applies outside the medical malpractice context and is therefore important for any practitioners faced with an apparent agency issue. # Res ipsa loquitur & Medical Malpractice Cases | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/applicability-of-res-ipsa-loquitur-to-medical-malpractice-cases ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/applicability-of-res-ipsa-loquitur-to-medical-malpractice-cases) #Applicability of res ipsa loquitur to Medical Malpractice Cases #####[Smith v. Dermatology Associates of Fort Wayne, P.C.(Ind. Ct. App. Sept. 7, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/09071201jsk.pdf) In this case, the Court of Appeals discussed the applicability of res ipsa loquitur to medical malpractice cases. The plaintiff in this case suffered from psoriasis, a skin condition. The defendant physician prescribed UV treatment administered by a PUVA machine for this condition. Unfortunately, the patient suffered UV burns to 84% of his body. The plaintiff submitted his claims to a medical review panel, which found the health care provider’s care did not breach the standard of care. The plaintiffs then filed a complaint in state court. As part of their claim, they alleged that res ipsa loquitur could be used to support an inference of negligence by the defendants or a machine malfunction. The benefit of res ipsa loquitur for plaintiffs is that if the doctrine applies, they do not need to go to the expense of hiring an expert witness to testify regarding breach and causation. The trial court, following a bench trial, found that the plaintiffs had failed to establish that the injuries suffered would not have occurred in the absence of negligence. The Court of Appeals agreed with the trial court and affirmed. The Court of Appeals’ decision was primarily a product of the standard of review following a bench trial. The Court recognized that the trial court had the ability to judge the credibility of witnesses and found that the plaintiffs had failed to meet their burden of persuasion that the defendant had exclusive control of the PUVA machine and that the injuries suffered by the plaintiff do not occur without negligence. This case demonstrates the importance of a case’s procedural posture. Had this case come to the Court of Appeals in the summary judgment context, the analysis would have been different and the result may have been different. The case also demonstrates the importance of experts in medical malpractice cases and the rarity of situations in which a plaintiff can proceed without expert testimony. This doctrine allows a plaintiff to avoid proving proximate cause by allowing a jury or court to infer that negligence occurred. For this doctrine to apply, a plaintiff must show: (1) that the injuring instrumentality was within the exclusive management and control of the defendant or its servants, and (2) that the accident is of the type that does not ordinarily happen if those who have the management and control exercise proper care. In Indiana, medical malpractice plaintiffs usually must submit their claims to a panel of three medical professionals before they may file a lawsuit in state court. # Medical Malpractice and Appellate Procedure | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-and-appellate-procedure ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-and-appellate-procedure) #Medical Malpractice and Appellate Procedure #####[Johnson v. Dr. A (Ind. Ct. App. Aug. 28, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/08281202lmb.pdf) In this medical malpractice case, the Court of Appeals dismissed an appeal on procedural grounds but issued an advisory opinion regarding the discovery of out-of-state non-parties. In this case, the defendants were attempting to obtain documents from an out-of-state hospital regarding the plaintiff’s expert witness, an out-of-state physician. The hospital refused to produce the documents, claiming that it was concerned that the plaintiff’s expert witness would sue them for producing the documents. The defendants sought and obtained an order from the trial court requiring the plaintiff’s expert witness to execute a release stating that he would indemnify a non-party hospital from any lawsuit against the hospital for providing documents. The plaintiff appealed the trial court’s order under Appellate Rule 14(B)(2), which allows for an appeal as of right from interlocutory orders compelling the execution of any document. The defendants argued that the trial court’s order did not fall within 14(B)(2) based on prior appellate decisions holding that discovery orders do not fit within the rule. The Court of Appeals agreed that the appeal was improper, but on slightly different grounds then those argued by the defendants. The Court held: While Defendants’ conclusion is consistent with prior decisions of this Court and our Supreme Court, these decisions have all addressed the case of a party seeking to avoid its own direct participation in discovery. Such disputes have generally centered on the party’s refusal to execute a medical release or to otherwise participate in discovery on a matter in dispute. This case does not present such a situation. Rather, here a nonparty has been ordered by a trial court to execute a broad Release with significant and unexplored legal consequences for that nonparty, and that order comes dangerously close to the type of “‘fishing expedition’” our discovery rules are intended to foreclose. In such circumstances—and especially where the nonparty is not otherwise subject to the jurisdiction of an Indiana court—we think that Appellate Rule 14(A)(2) permits an interlocutory appeal as of right. We nevertheless conclude we cannot exercise jurisdiction in this matter because Johnson’s appeal was not properly perfected. As we observed in Allstate Ins. Co. v. Scroghan, 851 N.E.2d 317 (Ind. Ct. App. 2006) [hereinafter Scroghan II], though “we do not condone the practice of intentionally violating discovery orders to obtain appellate review … we recognize that such a practice can act as an important ‘safety valve,’ which relieves parties from generally non-appealable discovery orders.” Thus, unless there is some sanctioning action against a party by the trial court resulting from failure to comply with the Order that Dr. DeBartolo execute the release, or alternately the denial of a motion by Johnson seeking a protective order under Trial Rule 26(C), we cannot conclude that the Order gives rise to an interlocutory appeal as of right. (Slip Op. pp. 7-9, citations omitted.) Although the Court of Appeals dismissed the appeal, it took the rarely-used path of issuing an advisory opinion, suggesting to the parties how the Court would have ruled if the issues were properly before the Court. The Court then gave a helpful explanation of how parties should proceed when seeking discovery from an uncooperative out-of-state third-party: It thus seems that the appropriate route for the Defendants here is to pursue an order from the trial court compelling Delnor to produce documents and then to use the appropriate Illinois process to obtain that production. However inefficient it may have been to follow the discovery procedures set forth in our Trial Rules—and whatever common practice among litigants may be—it is not clear to us that the trial court could sanction Johnson for Dr. DeBartolo’s failure to comply with the Order without abusing its discretion. (Slip Op. p. 10.) Although advisory opinions are not binding authority – they do not even bind the parties to the appeal or the trial court – such opinions are useful to the parties and can provide useful additions to Indiana jurisprudence. Such opinions are permitted in Indiana but are not issued by federal courts because federal courts have determined that the U.S. Constitution prohibits such opinions. Indiana courts have found that our state constitution has no such prohibition. Full disclosure – the author of this post was an attorney of record in this case and [argued the case before the Court of Appeals](https://mycourts.in.gov/arguments/default.aspx?view=detail&id=1373). # Medical Malpractice and Nurses on Medical Panels | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-and-nurses-serving-on-medical-review-panels ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/medical-malpractice-and-nurses-serving-on-medical-review-panels) #Medical Malpractice and Nurses Serving on Medical Review Panels #####[Curtis v. Miller’s Health Systems (Ind. Ct. App. Aug. 15, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/08151201mgr.pdf) In this medical malpractice case, the Court of Appeals affirmed summary judgment for the defendant healthcare provider and reached an important conclusion regarding a nurse’s ability to offer expert opinion on the standard of care in malpractice suits. Prior decisions of the Court of Appeals held that nurses were qualified to serve on medical review panels, but were not qualified to testify as to medical causation under Indiana Rule of Evidence 702. See Nasser v. St. Vincent Hosp. & Health Sys., 926 N.E.2d 43 (Ind. Ct. App. 2010); Clarian Health Partners, Inc. v. Wagler, 925 N.E.2d 388 (Ind. Ct. App. 2010), Long v. MethodistHosp. of Indiana, Inc., 699 N.E.2d 1164 (Ind. Ct. App. 1998), Stryczek v. The Methodist Hosps, 694 N.E.2d 1186 (Ind. Ct. App. 1998), In this case, the Court of Appeals held that these cases were limited to their facts and that no blanket rule prohibits a nurse from offering expert opinions on whether a healthcare provider breached the standard of care or caused an injury. The Court explained that whether a nurse would qualify in a particular case would turn on the nurse’s experience and expertise relative to the factual circumstances at issue. The Court of Appeals went on to find that in this particular case, the plaintiff had failed to meet his burden of establishing the nurse’s qualifications and that the defendant was therefore entitled to summary judgment. Although this decision is a departure from prior Court of Appeals decisions dealing with nurses’ ability to offer expert medical causation testimony, the decision is consistent with the Supreme Court’s recent approach to medical expert testimony. In fact, the Supreme Court’s decision in Bennett v. Richmond, 960 N.E.2d 782 (Ind. 2012), handed down in January of 2012, implicitly called into question the line of Court of Appeals decisions precluding nurses from offering expert testimony. The Bennett court held that psychologists were not excluded, per se, from offering expert medical causation testimony. The Bennett court dropped a footnote stating: We note that this approach differs from the per se exclusion by the Court of Appeals of nurses' testimony in medical malpractice cases on the medical cause of injuries. Id.at 786. Although the Court of Appeals in Curtis did not cite the Bennett decision, the Curtis court’s approach is certainly consistent with Bennett. Taken together, Curtis and Bennett could foreshadow the end to any per se exclusionary rules regarding expert testimony. For better or worse, counsel should be prepared to argue the qualifications of any person designated as an expert, even if that person lacks the title generally associated with a particular area of testimony. # Commercial Litigation: Contractor v. Homeowners | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/commercial-litigation-contractor-v-homeowners ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/commercial-litigation-contractor-v-homeowners) #Commercial Litigation: Contractor v. Homeowners #####[Thalheimer v. Halum (Ind. Ct. App. Aug. 13, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/08131203mgr.pdf) This case involved a dispute between homeowners and a contractor, whom the homeowners hired to remove carpet and tiles and to install new tiles. The homeowners eventually hired a new contractor to fix the allegedly deficient work. The homeowners also alleged that their son was injured because of the contractor’s work. The trial court entered judgment in favor of the homeowners. The contractor raised four issues on appeal. The Court of Appeals held the contractor waived the first error, the homeowners’ alleged spoliation of evidence by not raising the issue until the motion to correct error filed after the bench verdict. It is a well-established rule that arguments made for the first time in a motion to correct error do not preserve the issue for appeal. A motion to correct an error can be a wise strategic move and is required to preserve some issues such as newly-discovered evidence or an excessive jury verdict. However, parties considering an appeal should clearly understand that first filing a motion to correct error will not allow the party to raise additional arguments to the Court of Appeals. The Court of Appeals next rejected the contractor’s claim that the economic loss doctrine applied and barred the homeowners’ attempt to recover damages in excess of the actual property damage. The Court rejected the argument on the grounds that the homeowners brought two claims, one for property damages resulting from a breach of contract and one for personal injuries resulting from negligence. This holding is a fairly straightforward application of the economic loss doctrine and the principle that parties may bring negligence claims based on negligent performance of a contractual duty. The Court of Appeals next rejected the contractor’s argument that the homeowners failed to comply with the warranty provision of the contract between the homeowners and the contractor. That provision stated: “All workmanship guaranteed for two (2) years from the date of completion.” The contractor argued that this provision entitled the homeowners to only the contractor’s continued labor while the homeowners argued that the provision entitled the homeowners to a satisfactory final product. The Court, relying on a prior decision that interpreted the term “faulty workmanship” in an insurance contract, found that the term “workmanship” was ambiguous. (Slip Op. p. 12 Schultz v. Erie Ins. Group, 754 N.E.2d 971 (Ind. Ct. App. 2011), trans.denied). The Court held that the trial court properly construed the term against the contractor, who drafted the contract. This aspect of the Court’s decision is important for anyone who practices commercial law. Indiana courts have now held the term “workmanship” to be ambiguous in two contexts. Practitioners who assist clients with drafting contracts would be wise to either exclude the term from contracts or define the term. The Court of Appeals denied the contractors’ claim that the trial court improperly found the contractor’s work was deficient. As the Court recognized, the contractor’s argument was a classic request for the Court of Appeals to reweigh the evidence. Finally, the Court of Appeals rejected the homeowners’ request for appellate attorney fees. The Court found that the contractor’s claims, although unsuccessful, were not frivolous or made in bad faith. The standard for appellate attorney fees is extremely high; it is not at all surprising that the Court did not award fees in this case. # Prenatal Records & Medical Negligence | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/prenatal-records-and-medical-negligence ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/prenatal-records-and-medical-negligence) #Prenatal Records & Medical Negligence #####[E.J. v. Okolocha (Ind. Ct. App. Aug. 13, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/08131201tac..pdf) Parents interested in adopting a child submitted an authorization to a doctor for the child’s mother’s prenatal records. The doctor did not provide the records. The parents adopted the child who, unbeknownst to them, had neurological deficits. The doctor’s records included a sonogram that showed brain abnormalities. The Court of Appeals held that the defendant doctor did not owe a duty to provide the adoptive parents the prenatal records because the authorization did not comply with HIPAA. This case includes an interesting and informative discussion of the interplay between HIPAA and Indiana law regarding the release of medical records. As the Court explains, the laws do not conflict, but instead, provide layers of protection for medical records. Therefore, requests for medical records must comply with both HIPAA and state law. An interesting issue that the Court did not address is whether the doctor would have owed a duty if the authorizations complied with HIPAA and Indiana law. The adopting parents were not the doctor’s patients. Indiana courts have addressed the issue of whether a healthcare provider owes a duty to non-patients in a variety of contexts and have reached various results. SeeCram v. Howell, 680 N.E.2d 1096 (Ind. 1997) (finding duty); Webb v. Jarvis, 575 N.E.2d 992 (Ind. 1991) (finding no duty); Manley v. Sherer, 960 N.E.2d 815 (Ind. Ct. App. 2011) (finding duty), trans. Granted see also Gates v. Riley ex rel. Riley, 723 N.E.2d 946 (Ind. Ct. App. 2000) (finding no proximate cause in a claim brought against the physician by non-patient). A final interesting aspect of the decision is the Court’s slightly veiled comment regarding the attorneys who assisted the parents with the adoption. The Court stated: - We are mindful of the great emotional and monetary harm suffered by the Jeffreys in this case. However, it cannot be ignored that the Jeffreys and their attorneys were in the best position to avoid the harm suffered. (Slip Op. p. 14.) This comment could suggest either that the Jeffreys should have drafted a HIPAA-compliant authorization or should have not proceeded with the adoption until they had the requested information and easily lead to future litigation regarding this unfortunate case. # Tactical Decisions for Trial Counsel | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/tactical-decisions-for-trial-counsel ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/tactical-decisions-for-trial-counsel) #Tactical Decisions for Trial Counsel [Feyka v. State (Ind. Ct. App. Aug. 13, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/08131201msm.pdf) In this case, the Court of Appeals affirmed the conviction of Class A child molesting, rejecting the defendant’s argument that the prosecutor’s closing argument constituted fundamental error and that the victim’s testimony was incredibly dubious and therefore insufficient to sustain his conviction. In closing argument, the prosecutor alluded to the fact that the defendant did not testify. The defendant’s trial counsel did not object to the statements. Therefore, to warrant a reversal, the comments had to amount to fundamental error, which occurs when misconduct makes a fair trial impossible or when misconduct blatantly violates due process and presents substantial potential for harm. The Court examined several cases involving fundamental error analysis of a prosecutor’s comment on a defendant’s failure to testify and concluded that the prosecutor’s comments in this case did not amount to fundamental error. This case brings up a tricky tactical decision that trial counsel must make. On the one hand, objecting to a statement in closing argument preserves the issue for appeal. On the other, objecting brings attention to the statement. Therefore, it is often in a party’s interest not to object to a statement and hope the jury pays it little heed. No blanket answer exists as to whether objecting or remaining silent is the best tactical decision. The Court of Appeals then rejected the defendants’ sufficiency of the evidence argument. Arguing on appeal that evidence at trial was incredibly dubious is rarely successful. Although it is probably worth making the argument when a defendant was convicted based on the testimony of a single witness, the argument basically asks the Court of Appeals to second-guess a jury’s credibility determination. # Underinsured Motorist Coverage Provision | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/underinsured-motorist-coverage-provision ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/underinsured-motorist-coverage-provision) #Underinsured Motorist Coverage Provision #####[Justice v. American Family Mutual Insurance Company (Ind. Ct. App. July 18, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/07181207jsk.pdf) In this case, the Court of Appeals interpreted an Underinsured Motorist (UIM) coverage provision stating that the policy limits of liability are reduced by “a payment made or amount payable because of bodily injury under any workers’ compensation or disability benefits law or any similar law.” The Plaintiff was involved in an accident and received $25,000 from the other driver’s insurance company and approximately $71,000 in worker’s compensation benefits. The Plaintiff had a UIM policy with $50,000 per-person limits. The Plaintiff filed a claim with his own UIM insurer, who denied the claim on the grounds that the UIM policy provision regarding worker’s compensation benefits reduced the policy limits to $0. The Court, relying entirely on the Supreme Court’s decision of Beam v. Wausau, 765 N.E.2d 524, 528 (Ind. 2002), held that summary judgment for the insurer was improper. Instead, the Court held that a jury must first determine liability and damages and that the Plaintiff’s damages award would then be reduced by the $25,000 already received from the other driver’s insurer and then by the percentage of worker’s compensation benefits equal to the other driver’s comparative fault. Although the Court in this case relied entirely on Beam, the Court did not note an important difference between the policy at issue in Beam and the policy in this case. In Beam, the policy stated: - Any amount payable for damages under this coverage shall be reduced by all sums paid or payable under any workers’ compensation, disability benefits or similar law. The policy in this case stated: The limits of liability of this coverage will be reduced by: *** - A payment made or amount payable because of bodily injury under any workers’ compensation or disability benefits law or any similar law. The Beam court’s holding that the provision did not affect the policy limits was based on the following rationale: - In addition to referring to a reduction of “damages,” it is noteworthy that when the policy attempts to reduce limits, as opposed to damages, it chooses language that does precisely that. The language of the limitation in paragraph 2 provides, “The Limit of Insurance under this coverage shall be reduced by all sums paid or payable by or for anyone who is legally responsible, including all sums paid under the Coverage Form's** LIABILITY COVERAGE**.” This limitation, by reducing the “limit of insurance,” unmistakably provides that any reduction is to be taken from the policy limit. Cf. Medley v. Am. Econ. Ins. Co., 654 N.E.2d 313, 316 (Ind.Ct.App.1995), trans. denied (holding the phrase “limit of liability will be reduced by all sums paid” was unambiguous and should be interpreted to provide for a reduction from policy limits). 765 N.E.2d at 531. The policy in this case stated that the limits of liability were reduced by worker’s compensation payments. The Beam court’s rationale, therefore, seems to compel a conclusion opposite that reached by the Court of Appeals in this case. It will be interesting to see if the Supreme Court accepts the transfer. # Conditions of Probation and Parole | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/conditions-of-probation-and-parole ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/conditions-of-probation-and-parole) #Conditions of Probation and Parole #####[Gaither v. Indiana Department of Correction (Ind. Ct. App. July 17, 2012).](https://http://www.in.gov/judiciary/opinions/pdf/07171201jgb.pdf) In this case, the Court of Appeals held that although a statute prohibiting sex offenders from living within 1,000 feet of a school could not apply to sex offenders convicted before the statute was enacted, a trial court’s condition of probation prohibiting a sex offender from living within 1,000 feet of a school was valid. The Court relied primarily on the principle that, apart from the statute prohibiting sex offenders from living within 1,000 feet of a school, a trial court has the authority to impose conditions on probation or parole. The Court determined that prohibiting a sex offender, in this case, a convicted child molester, from living near a school, is a permissible condition. Another interesting aspect of this case is that the Defendant’s term of probation ended before the Court of Appeals reached its decision; therefore, the constitutionality of the restriction was moot as to the Defendant. The Court of Appeals decided, however, that it would still address the issue under an exception to the general rule that courts do not decide moot issues. The Court explained that the issue was of great public importance, would likely recur, and could evade appellate review, as probation terms would often expire before the Court of Appeals could issue an opinion on the issue. This aspect of the opinion is important for any practitioner appealing an issue that is moot as to the case at bar, but may affect other similarly-situated people. # Cross Examination of Expert Witness | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/cross-examination-of-expert-witness ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/cross-examination-of-expert-witness) #Cross Examination of Expert Witness #####[Swammi, Inc. v. Shambaugh, Beck, Kast, Williams, LLP (Ind. Ct. App. July 13, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/07131201msm.pdf) In this case, the Court of Appeals affirmed a defense verdict in a legal malpractice action. Much of the decision discusses the waiver of claims and the sufficiency of arguments made on appeal. These lessons are important for appellate practitioners but are nothing new. The most important aspect of the Court’s decision was its adoption of Tennessee law, which allows a party to impeach an opposing expert with questions regarding disciplinary actions filed against that expert. No Indiana court had addressed this question, but several out-of-state courts had done so. The Court of Appeals quoted at length from a Tennessee Court of Appeals decision, Sneed v. Stovall, 22 S.W.3d 277, 280-82 (Tenn. Ct. App. 1999), appeal denied. Quoting Sneed, our Court of Appeals explained that an expert’s prior conduct that led to disciplinary charges was relevant: [T]he expert’s “veracity as a witness should surely be questioned by virtue of this conduct,” as he was, “in effect, pronouncing judgment as to the conduct of [a fellow professional].” Sneed, 22 S.W.3d at 282. As one who undertakes such a task is exposed to a determination of his own view of the profession by virtue of his own conduct, the jury should have the benefit of evidence concerning his veracity and character. Surprisingly, the Court of Appeals designated this case as not-for-publication, despite its recognition that it was addressing a point of law that no Indiana court had previously addressed. Either party may ask the Court of Appeals to change this opinion to a “for publication.” In the interests of full disclosure, William Ramsey, the editor and one of the authors of the IAL and author of this post, was one of the defense attorneys in this appeal. # Notice Under the Tort | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/notice-under-the-tort ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/notice-under-the-tort) #Notice Under the Tort [Shoettmer v. Wright (Ind. Ct. App. July 13, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/07131202msm.pdf) This case addressed the question of whether communicating notice of a claim against a governmental agency to that entity’s insurance company constitutes sufficient notice under Indiana’s tort claims statute. The Court of Appeals held that it did not and therefore affirmed summary judgment in favor of the defendant. This aspect of the holding was consistent with established precedent holding that an insurance company is not a party’s agent for purposes of service and notice and with precedent regarding notice under the tort claims act. This case, therefore, serves as another reminder to party’s with potential claims against governmental entities that fail to provide the notice required by statute will lead to forfeiture of the claim. The Court next held that the defendant did not waive the requirements of the tort claims act. This holding is a fairly straightforward application of the waiver doctrine. The interesting question raised by this case was plaintiff’s claim that the defendant should be estopped from asserting the defense based on the defendant’s insurer’s failure to tell the plaintiff that the defendant was a governmental agency. The majority rejected this conclusion and went on to state that even if the plaintiffs themselves could be excused from failing to discover that the defendant was a governmental agency, the plaintiffs’ attorney was not excused. The majority noted that the plaintiffs were represented by an attorney for a year before the claim was filed and concluded this period of time was not “reasonable” and barred the estoppel defense. Judge Crone dissented, believing that estoppel barred the defense of failure to comply with the tort claim statute and that, at the very least, a question of fact existed as to whether estoppel existed. This case demonstrates the importance of determining early on whether a defendant is a governmental agency subject to the tort claims act. Often, as in this case, the defendant’s government status will not be obvious. Plaintiffs’ attorneys should make checking into a defendant’s status one the first tasks when engaging to represent a client. Defendants’ attorneys should also determine early on whether their client qualifies for the protection of the tort claims act. # Ineffective Assistance of Counsel | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/ineffective-assistance-of-counsel ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/ineffective-assistance-of-counsel) #Ineffective Assistance of Counsel #####[McWhorter v. State (Ind. Ct. App. July 9, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/07091201lmb.pdf) In this case, the defendant was convicted of voluntary manslaughter after being charged with murder. The defendant admitted that he had killed the victim, but claimed he had accidentally killed him. The jury was instructed on murder, voluntary manslaughter, and reckless homicide. The Court of Appeals agreed that the defendant’s trial counsel was ineffective for failing to object to the voluntary manslaughter instruction because it was not warranted by the evidence and invited a compromise or unreliable verdict. The Court then held that the defendant was prejudiced by the voluntary manslaughter instruction and vacated the manslaughter conviction. Finally, the Court held that principles of double jeopardy barred a re-trial for murder. The State is free to re-try the defendant only for reckless homicide. Reckless homicide is only a Class C felony, the punishment for which is a far cry from that for Murder or the Class A felony of voluntary manslaughter. Any appellate practitioner who has a post-conviction relief case based on ineffective assistance of counsel should study this case carefully, even if the practitioner’s case does not involve murder or voluntary manslaughter convictions. The Court’s analysis of error, prejudicial error, and double jeopardy should apply in a variety of situations. # Child Support | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/child-support ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/child-support) #Child Support #####[Hirsch v. Oliver (Ind. June 29, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/06291201shd.pdf) In this case, the Supreme Court clarified some important issues regarding emancipation and a parent’s obligation to pay child support for post-secondary education expenses. ##Case Background & Trial Court Rulings A father petitioned the trial court to find that one of his children was emancipated. The mother stipulated that the daughter was emancipated, but the mother and father disagreed on the date as of which the daughter was emancipated. The trial court eventually issued an order finding: 1. The daughter was emancipated on the date urged by the father 1. The father did not have to contribute toward the daughter’s post-secondary educational expenses 1. The father had overpaid child support and mother, therefore, had to repay that amount 1. The father owed mother nothing toward the children’s medical expenses 1. The mother was required to pay $5,000 in attorney’s fees to the father 1. The mother was required to pay the father’s current wife $227 in witness-expense fees. The Court of Appeals reversed the trial court on every ground. The Supreme Court affirmed the Court of Appeals on grounds 3 through 6 and addressed the emancipation and post-secondary education issues. ##The Emancipation Statute Clarification First, the Supreme Court addressed a split on the Court of Appeals regarding the emancipation statute, Indiana Code § 31-16-6-6. This statute has three grounds for emancipation; the one at issue here occurs when the child: 2. Is at least eighteen (18) years of age 2. Has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or post-secondary educational institution 2. Is or is capable of supporting himself or herself through employment. ###The Court of Appeals Split Some panels of the Court of Appeals had found that if the requirements under this subsection are met, the duty to provide support may cease, but the child is not emancipated. Other panels had found that a finding under this subsection renders the child emancipated and terminates the duty to provide support. The Supreme Court clarified that if the conditions under this section are satisfied, the child is emancipated and the obligation to provide support ceases. ###Justice Sullivan's Dissent Justice Sullivan, with Justice Rucker, dissented. Justice Sullivan stated flatly that the majority misread the statute, whose plain language indicates that although support obligations cease when the requirements of subsection are met, a child is not emancipated based on these findings. Justice Sullivan went on to note, however, that with the Legislature’s recent amendments to the emancipation statute, this point will make little difference going forward. ##Redefining "Enrolled" for Emancipation Purposes Next, the Supreme Court altered the definition of “enrolled” for purposes of the emancipation statute. ###The Previous Definition's Shortcomings Previously, “enrolled” meant: “ more than being involved in the application process; rather, it means that one has been accepted to the institution and is officially registered at the institution as a student.” Butrum v. Roman, 803 N.E.2d 1139, 1145 (Ind. Ct. App. 2004), trans. denied. ###The New Definition and It's Rationale The Supreme Court found this definition insufficient and adopted the following definition: “is accepted to the institution, is officially registered at the institution as a student, and in good faith is attending or intends to attend the institution in the foreseeable future.” Although this new definition may create more questions of fact for a trial court to resolve, it seems to be a more fair and rational definition. For example, in this case, the daughter had attended classes for two weeks, then dropped all classes and expressed skepticism that she would return to class. Under the prior definition, however, she nonetheless remained enrolled. As the Supreme Court explained, under the old definition “an eighteen-year-old child could register for classes and never attend them while his or her parent continues, as required by law, to pay child support. A parent should not be burdened with the obligation of supporting his or her adult child in these circumstances unless that child, in good faith, is furthering or intends to further his or her education.” ##Standard of Review: Capability of Self-Support The Supreme Court then found that the Court of Appeals had improperly reweighed the evidence in reversing the trial court’s finding that the daughter was capable of supporting herself. The Supreme Court recognized that evidence would support a finding that the daughter was either capable or incapable of supporting herself. Weighing this evidence was for the trial court, not for an appellate court. ##Custodial Parent Concessions on Emancipation A final important aspect of the Supreme Court’s discussion of emancipation came in footnote 7. The Court stated, albeit likely in dicta, that a custodial parent’s concession as to a child’s emancipation does not automatically render the child emancipated. This statement makes sense because child support is for the benefit of a child and should only indirectly benefit a custodial parent. ##Post-Secondary Education Expenses The Supreme Court then went on to address the requirement to pay for post-secondary education expenses. Again, the Supreme Court held that the Court of Appeals improperly reweighed the evidence in reversing the trial court’s finding that the father should not be required to contribute to his daughter’s post-secondary expense. This aspect of the Court’s holding is a straight-forward standard-of-review analysis. The opinion does contain some useful explanation of the relevant factors for determining whether a parent is required to contribute to post-secondary expenses and should be reviewed by any family law practitioner. # Due Process | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/due-process ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/due-process) #Due Process #####[Wynkoop v. Town of Cedar Lake (Ind. Ct. App. June 29, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/06291201lmb.pdf) This case involves the often-litigated issue of whether one has a constitutionally protected interest in one’s employment. In this case, the Court found the plaintiff had no constitutionally protected interest such that he was entitled to due process before being terminated. The majority opinion, written by Judge Bailey, includes a thorough discussion of Indiana and Federal precedent involving due process rights in the employment context. As Judge Bailey notes, in Indiana, employment is either “at-will” (terminable at any time) or for a definite period. A presumption exists that one has no protected interest in at-will employment, but the presumption can be rebutted with evidence that the employment contract contains clear job security provisions. The majority opinion rejected the plaintiff’s claim that his employer’s employee handbook created a protected interest in his employment. The majority opinion discussed numerous provisions of the manual, noting that all provisions must be read together. Although the exact manual discussed by the majority will not be an issue in other cases (unless of course, another case arises involving this same employer), the majority’s discussion provides a useful example of how courts will interpret some general employment rules and provisions. Chief Judge Robb concurred in the result, agreeing that summary judgment was proper, but for an entirely different reason - the employee’s failure to establish the elements of promissory estoppels, an equitable doctrine that bars one from backing out of a promise where another has relied on that promise to his or her detriment. Judge Robb stated: “When an employer drafts and offers an employee handbook containing specific disciplinary and grievance procedures, or makes promises regarding the same, I believe the provisions of the handbook and the promises of the employer should mean something.” Judge Robb thoughtfully explained that the employer provided its employees with a handbook describing disciplinary and grievance procedures: If the Manual is to mean anything at all, these provisions allowing for progressive discipline and discipline for just cause must be given effect. In an at-will state such as Indiana, an employer is not obligated to furnish to its employees a statement of its employment policies. Having made statements in writing about the terms and conditions of employment, however, it is fundamentally unfair to allow an employer to essentially declare those statements illusory and raise the “employment at will” doctrine as a shield when it is called to task by an employee who can demonstrate detrimental reliance on the employer’s failure to abide by those terms and conditions. Judge Robb went on to conclude, however, that the employee, in this case, failed to show that he relied to his detriment on the provisions in the employee handbook. Without detrimental reliance, the employee cannot establish promissory estoppel. Judge Robb’s concurring opinion should be heeded by any practitioner litigating an employment termination case. Her analysis, although not adopted by the majority, in this case, could certainly carry the day before a different panel. Therefore, practitioners should be prepared to discuss not only whether a terminated employee had a protected interest in the employment but also, assuming a protected interest, whether the employee relied to his or her detriment on any promise made by the employer regarding his or her employment. # Notice of Tort Claims | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/notice-of-tort-claims ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/notice-of-tort-claims) #Notice of Tort Claims #####[City of Indianapolis v. Buschman (Ind. Ct. App. June 26, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/06261203mpb.pdf) Plaintiffs who are injured by governmental entities must provide notice to those entities within 180 days of the injury or forfeit the claim. In this case, the plaintiff provided notice of the facts that gave rise to her injuries, but indicated in the notice that she has suffered property damage only and not personal injuries. The plaintiff later filed a lawsuit seeking damages for personal injuries and property injury. The Court of Appeals held that the plaintiff was barred from seeking personal injuries. The Court of Appeals noted that the Tort Claim Notice statute requires claimants to include in their notice statements regarding the “extent of the loss” and the “amount of the damages sought.” Ind. Code § 34-13-3-10. As the Court of Appeals noted, allowing a plaintiff to seek personal injuries in a lawsuit where the tort claim notice specifically denied personal injuries “would effectively eliminate ‘the extent of the loss’ and ‘the amount of the damages sought’ provisions from the notice requirement.” Therefore, the Court held that “when a claimant’s notice contains a specific and definitive assessment of loss, his or her recovery is limited to the loss described in the original notice.” This decision is important for any attorney bringing or defending a claim against a governmental entity. Practitioners should carefully examine the notice of tort claim to determine if any affirmative defenses exist to damages later claimed in a lawsuit. On the flip side, attorneys representing plaintiffs should carefully prepare their notice of tort claim to make sure the notice encompasses all reasonably conceivable losses. # Obligation to Pay Child Support | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/obligation-to-pay-child-support ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/obligation-to-pay-child-support) #Obligation to Pay Child Support #####[Ashabranner v. Wilkins (Ind. Ct. App. June 15, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/06151201mgr.pdf) In this case, the Court of Appeals addressed a situation in which a nineteen-year-old child lived with neither parent, received Section 8 housing assistance, worked, and was in the process of beginning college. The trial court found that the child was not emancipated, ordered the father to continue paying child support, did not order the mother to pay child support, and did not consider the child’s income when calculating the amount of child support the father should pay. The Court of Appeals affirmed all aspects of the trial court’s order except the part that found the mother had no obligation to pay child support. The Court of Appeals’ opinion has three important holdings. First, the Court first found that the child was not emancipated because the child had not initiated the action that left her outside her parents’ control. As the Court recognized, requiring a child to initiate the action that leads to the child being outside his or her parents’ control prevents parents from being able to “divorce their children and avoid paying child support simply by sending their children to live with a third party or, worse yet, just throwing the child out of the house.” Slip Op. p. 7 (quoting Dunson v. Dunson, 769 N.E.2d 1120 (Ind. 2002)). This law is not new, but this aspect of the case serves as an important reminder for practitioners dealing with emancipation arguments to carefully investigate the circumstances that led to a child living outside both parents’ homes. Second, the Court found that the mother, as well as the father, should be required to pay child support. As the Court recognized, this case presents an uncommon situation in which a child who is entitled to support lives with neither parent. As the Court explained, when a child is living with a parent, that parent contributes to the child’s support by providing shelter, food, clothing, and other necessities. The non-custodial parent contributes by paying child support. In this case, the child’s mother moved out of the apartment where the child continued to live. The Court recognized the injustice of requiring the father to continue to pay child support and not requiring the mother to support the child. This aspect of the Court’s holding appears to be the first time an appellate court has addressed this situation and should be studied by any practitioner dealing with the uncommon situation in which a child who qualifies for support lives with neither parent. Third, the Court of Appeals addressed whether the trial court should consider the child’s income when determining the parents’ support obligation. The Court held the child’s income should not be considered because “[a] child who is not yet emancipated is not responsible for providing for him or herself.” Slip Op. p. 10. The Court pointed out that it was addressing only basic child support and not a petition for post-secondary education expenses. In the post-secondary education context, a court will consider a child’s income. In sum, this case should be noted by family law practitioners as the first to address the uncommon situation in which a child who qualifies for support resides with neither parent. This case also provides a succinct explanation of legal principles regarding emancipation and the effect of a child’s own income on a support determination. # Protected Person Statute | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/protected-person-statute ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/protected-person-statute) #Protected Person Statute [A.R.M. v. State (Ind. Ct. App. June 7, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/06071201ewn.pdf) In this case, the Court of Appeals addressed the Protected Person Statute, Indiana Code section 35-37-6-6, which governs, among other things, the admission of child testimony by videotape in sex crime cases. A.R.M. (13 years old) molested S.M. (7 years old) while S.M. and his mother were living with A.R.M.’s family. S.M.’s mother reported the abuse to personnel at the Y.W.C.A., who in turn reported the abuse to CASIE (the South Bend Child Abuse Services Investigation and Education). S.M. gave a statement to CASIE. The State filed a petition to have A.R.M. adjudged as a delinquent for having committed what would be the crime of child molesting if committed by an adult. At the juvenile court’s fact-finding hearing, S.M. testified that he could not remember the incident. The juvenile court then admitted S.M.’s taped statement to CASIE and found that the State had proven its allegations beyond a reasonable doubt. The juvenile court then held a dispositional hearing and adjudicated A.R.M to be a delinquent. The only issue on appeal was the admissibility of S.M.’s statement to CASIE. The Court first addressed wither A.R.M. waived his challenge for failing to include S.M.’s taped statement in the appellate record. The Court recognized that A.R.M.’s procedural arguments did not depend on the tape’s contents and that therefore A.R.M. had not waived his procedural arguments. But A.R.M. did waive any arguments based on the content of the tape. This aspect of the Court’s holding highlights the importance of including all relevant parts of the trial court record in the Appendix given to the Court of Appeals. Appellate Practitioners must take time to make sure all relevant evidence, pleadings, and transcripts are provided to the Court of Appeals. The Court of Appeals then concluded that the record before it did not show that the taped testimony was unreliable. The Court based its conclusion on the lack of evidence that S.M. was coached and on the CASIE interviewer’s testimony regarding her training and experience regarding child interviews. In sum, this case provides some good general information regarding the Protected Person Statute but is primarily noteworthy for its illustration of the pitfalls caused by failing to include evidence in the appellate record. # Termination of Child Support | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/termination-of-child-support ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/termination-of-child-support) #Termination of Child Support [Sexton v. Sexton (Ind. Ct. App. June 8, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/06081202nhv.pdf) In this case, a mother appealed the trial court’s order finding that her daughter, K.S., was emancipated. This case is the Court of Appeals’ first opportunity to discuss Public Law 111-2012, which will change the presumptive age for termination of child support from twenty-one to nineteen, effective July 1, 2012. First, the Court noted that although the new statute changes the presumptive age for termination of child support, the statute does not change a child’s ability to receive educational support (children can receive educational support past their twenty-first birthdays). The Court explained that trial courts will need to determine on a case-by-case basis whether support is “educational support.” The Court then issued some very pointed advice to parents who believe their child-support obligations will cease under the new statute: such parents “would be wise to seek legal advice instead of unilaterally stopping support payments. To do otherwise risks a finding of contempt and possible criminal sanctions for failing to pay support.” Second, the Court held the amended emancipation statute does not apply retroactively; parents may not receive reimbursement for payments previously made for children over nineteen years old. This holding is consistent with general law regarding retroactivity; statutes are generally retroactive only when they are remedial (intended to cure a defect in a prior statute). Finally, in a footnote, the Court recognized that it is not clear whether Public Law 111-2012 will affect existing obligations that exist under dissolution agreements or judgments. The Court recognized that this question implicates Article 1 Section 24 of the Indiana Constitution, which states: “No ex post facto law, or law impairing the obligation of contracts, shall ever be passed.” As the Court’s footnote implies, parents who are paying support pursuant to agreements entered into or judgments entered when the presumptive age for child support to end was 21 may attempt to escape the effect of the agreements or judgments based on the new law. It will be interesting to see how courts deal with this issue. The Court also addressed the mother’s argument that her daughter was not outside the care or control of her parents and should not have been emancipated. The facts that supported the trial court’s decision were that K.S. had given birth to a child, continued to have a relationship with the child’s father, received some governmental assistance, and refused to have a relationship with her own father. The Court recognized that although giving birth to a child is not a sufficient reason to find that a child is emancipated, that circumstance may be considered with other evidence to support a finding that the child is not under the care or control of either parent and should, therefore, be emancipated. This holding is not a new law but does provide some additional clarification of facts that can support emancipation. # Governmental Liability | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/governmental-liability ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/governmental-liability) #Governmental Liability [W.D. v. City of Nappanee (Ind. Ct. App. June 6, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/06061203pdm.pdf) This case involves a suit brought by a child and his parents against the City of Nappanee following injuries sustained by the child in a near-drowning in the City pool. The Court of Appeals affirmed the trial court’s grant of summary judgment in favor of the City on the grounds that the City breached no duty to W.D. Here, W.D. went to the pool with his mother, sister, and friend. After W.D. was left momentarily unattended, a lifeguard observed W.D. floating face down near the edge of the pool. The lifeguard jumped into the pool, pulled W.D. out, and performed CPR. The Court of Appeals succinctly stated: the lifeguard’s “training and immediate action saved W.D.’s life.” The Court of Appeals explained that a lifeguard owes a duty to assist imperiled swimmers, but “cannot possibly be an absolute insurer of the safety of swimmers.” It is difficult to win summary judgment based on lack of breach because, as the Court of Appeals noted, the issue is rarely a matter that a court will decide as a matter of law. This case illustrates that given the right facts, a defendant can successfully make the argument. The defendant in this case clearly did an excellent job of developing the summary judgment record and establishing that no reasonable fact finder could conclude that the lifeguard acted unreasonably. The defense attorney in this matter was friend-of -the-blog Mark Ulmschneider, of Fort Wayne. # Legal Malpractice | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/legal-malpractice ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/legal-malpractice) #Legal Malpractice #####[Perkins v. Stesiak (Ind. Ct. App. May 30, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/05301208ehf.pdf) In this case, the Court of Appeals affirmed a trial court’s grant of summary judgment on the grounds that the plaintiff had no cognizable claim for emotional distress. After the Plaintiff’s grandson was sexually abused by a teacher’s assistant, the Plaintiff retained the defendant attorney on a contingency fee basis to represent the Plaintiff and her grandson in a suit against the school system. The attorney did not file suit within the statute of limitations for the Plaintiff’s claim (the grandson’s claim was not barred because he was a minor). The Plaintiff sued the attorney and his firm for legal malpractice on the grounds that Plaintiff lost her right to sue the school directly, arguing she had a claim based upon her own emotional distress. The Court of Appeals found the Plaintiff had no claim for negligent infliction of emotional distress under either the modified impact rule or the bystander rule. This decision presents an important limitation on a parent or guardian’s ability to collect damages for injuries to his or her child. The Plaintiff suffered a physical impact at the hands of her grandson following the sexual abuse. The Court of Appeals held that the impact suffered by the grandparent must be a direct result of the injury-producing event, here the sexual abuse committed by the teacher’s assistant. The Court of Appeals concluded the impact suffered by the grandparent was an indirect result of sexual abuse. This holding appears to be in line with the Supreme Court’s explanation of the modified impact rule: - When ... a plaintiff sustains a direct impact by the negligence of another and, by virtue of that direct involvement sustains emotional trauma which is serious in nature and of a kind and extent normally expected to occur in a reasonable person, we hold that such a plaintiff is entitled to maintain an action to recover for that emotional trauma without regard to whether the emotional trauma arises out of or accompanies any physical injury to the plaintiff. Shuamber v. Henderson 579 N.E.2d 452, 456 (Ind.1991) - The modified impact rule maintains the requirement of a direct physical impact. However, the impact need not cause a physical injury to the plaintiff and the emotional trauma suffered by the plaintiff need not result from a physical injury caused by the impact. Conder v. Wood, 716 N.E.2d 432, 434 (Ind. 1999) The Court of Appeals’ decision makes clear that this direct physical impact element requires not merely “but for” causation and arguably not merely proximate causation, but instead requires an actual direct involvement with the tortfeasor’s conduct. This case is important for any practitioner dealing with a case brought under the modified impact rule, especially defense counsel. Finally, in footnote 4 of its decision, the Court noted that a party cited a Court of Appeals case that had been vacated and reversed by the Supreme Court. The Court’s footnote was brief and unremarkable. However, other panels of the Court of Appeals have harshly chastised parties for citing decisions in which transfer has been granted or which have been superseded. Practitioners should take care to cite-check briefs before filing to make sure a decision is still good law. Citing to a vacated decision not only violates Indiana appellate rules but also can affect that party’s credibility before the Court of Appeals. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Wrongful Death and Premises Liability | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/wrongful-death-and-premises-liability ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/wrongful-death-and-premises-liability) #Wrongful Death and Premises Liability #####[Adnrousky v. Walter (Ind. Ct. App. May 30, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/05301205ehf.pdf) The Plaintiff in this case filed suit against a landowner after the Plaintiff’s son drowned in the landowner’s pool. This decision, affirming a defense verdict, involves several important issues. First, the Court of Appeals rejected the Plaintiff’s argument that the trial court should have found as a matter of law that his son was a guest, not merely a licensee, on the landowner’s property. The trial court allowed the jury to make the determination based on disputed facts regarding the scope of the landowner’s invitation. The Court of Appeals found facts that would support the conclusion that the child was a licensee. Specifically, the landowner told the child’s mother that she and her children were not welcome to stay at his house but reluctantly allowed them to stay one night and instructed them to promptly leave in the morning. This holding illustrates the importance of carefully examining facts before stipulating to a party’s status on the land. It also illustrates circumstances under which one’s status on land can be a jury question. Second, the trial court instructed the jury on the abandonment defense, which precludes a parent “who abandoned a deceased child while the child was alive” from recovering in a wrongful death action. Ind. Code § 34-23-2-1(i). The Plaintiff saw his son “infrequently and provided little to no financial support.” The Plaintiff also attempted to terminate his parental rights shortly before his son’s death. The Court of Appeals held this evidence supported the jury instruction. Little interpretation exists on the abandonment defense. This decision provides some guidance on the issue and should be examined by any practitioner who contemplates using the defense. Third, the Court of Appeals approved the trial court’s jury instruction regarding an administrative pool safety regulation. The Plaintiff argued that the jury should have been instructed that a violation was negligence per se, and not mere evidence of negligence, as the trial court had instructed the jury. The Court of Appeals disagreed with Plaintiff, noting that the violation of an administrative regulation is only some evidence of negligence, not negligence per se, as is a violation of a statute. This holding follows precedent. But the rule itself is somewhat curious for two reasons: 1) a violation of federal regulations is negligence per se; 2) many administrative regulations are passed under specific direction of the legislature. Still, the rule is the rule and any practitioner dealing with a claimed violation of an administrative regulation should remember the rule. Fourth, the Court approved the trial court’s instruction that the duty to provide for a child’s safety rests with the child’s parent. The Court explained that a landowner’s duty to a child is not completely eliminated by the parent’s presence on the land. But the Court went on to explain that “when a parent is present and fully aware of the danger but consciously (and, in this case, recklessly) disregards the risk while caring for the child, the landowner should not generally be found to have breached the duty owed to the child.” The issue of injuries to children while in their parents’ care arises frequently. This case presents some explanation on the issue. Although this case involved an appeal after trial, the Court’s comments should be useful to practitioners at the summary judgment stage as well. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Attorney-Client Relations | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/attorney-client-relations ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/attorney-client-relations) #Attorney-Client Relations #####[Myers v. Deets](https://http://www.in.gov/judiciary/opinions/pdf/05291201ewn.pdf) (Ind. Ct. App. May 29, 2012) This case involves a suit by a client against an attorney and the attorney’s partner (“Edward”), firm, and insurance company after the attorney allegedly and improperly failed to refund part of a retainer. The Court of Appeals first overruled the trial court’s grant of judgment on the pleadings to the attorney’s insurer, finding the complaint was sufficient to state a request for a declaratory judgment that the insurance company’s policy provided coverage. The court acknowledged that the direct action rule typically bars claims against a third party's insurance company, but concluded the Plaintiff’s complaint could be construed to request declaratory relief. Judge Riley dissented, disagreeing with the majority’s interpretation of the Plaintiff’s complaint. Judge Riley believed the complaint did not seek declaratory relief and was, instead, an attempt to bring an improper direct action. This aspect of the Court of Appeals’ holding illustrates the type of disagreement that can arise in a notice pleading regime. The Court of Appeals then held summary judgment for Edward and the law firm was proper on the grounds that the undisputed admissible evidence showed that the attorney and Edward were not partners at the time the Plaintiff paid the retainer. At the trial court level, the Plaintiff submitted an affidavit stating that his attorney said he and a man named “Ed” were having a dispute over partnership matters and referred to this man as his partner. The Court of Appeals concluded this evidence was inadmissible hearsay under Evidence Rule 801(c) and would not consider it on summary judgment. An interesting question is whether the statements were, in fact, hearsay. Evidence Rule 801(d) excludes statements by party-opponents from the definition of “hearsay.” If the attorney were a member of the law firm, his statement would not be hearsay. If the Plaintiff, who was pro se, raised this argument, the Court of Appeals did not address it. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Criminal Procedure | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/criminal-procedure ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/criminal-procedure) #Criminal Procedure [Haste v. State (Ind. Ct. App. May 25, 2012)](https://www.in.gov/judiciary/opinions/pdf/05251214pdm.pdf) In this case, a criminal defendant appealed a conviction and sentence for dealing methamphetamine following an order sentencing the defendant to 10 years. The order also took the issue of restitution under advisement. The Court of Appeals dismissed the appeal sua sponte because, although a sentencing order is generally a final judgment pursuant to Appellate Rule 2(H), this particular order took the issue of restitution under advisement and, thus, did not completely dispose of all sentencing issues. This case illustrates how seriously our appellate courts take the issue of appellate jurisdiction. The State did not move to dismiss the appeal, yet the Court of Appeals, on its own, realized it lacked jurisdiction and dismissed the appeal. This case also demonstrates the ambiguity that can arise as to whether an order is appealable as a final order. Sentencing orders are usually final. The trial court’s decision to take the restitution issue under advisement left the defendant without the ability to appeal his conviction and sentence as a final order until after the court decided the restitution issue. The defendant was therefore left with the choice f either waiting until after the court ruled or appealing his conviction and sentence on an interlocutory basis. # Appellate Procedure: In re Estate of Shuler | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/appellate-procedure-in-re-estate-of-shuler-ind-ct-app-may-25-2012 ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/appellate-procedure-in-re-estate-of-shuler-ind-ct-app-may-25-2012) #Appellate Procedure: In re Estate of Shuler (Ind. Ct. App May 25, 2012) #####[In re Estate of Shuler](https://http://www.in.gov/judiciary/opinions/pdf/05251215pdm.pdf) (Ind. Ct. App. May 25, 2012) This case addresses the important issue of whether an order is “final” for purposes of an appeal. Here, the Court of Appeals determined the order before it was not final. Because the appealing party had not completed the necessary steps to appeal the order as an interlocutory order, the Court dismissed the appeal for lack of jurisdiction. The appellant in this case attempted to appeal an order denying the appellant’s petition to set aside a settlement agreement regarding a dispute over an estate distribution. As the Court explained, following the trial court’s order, the estate remained open. Therefore, the order did not completely dispose of all the proceeding. The Court distinguished its previous decision of In re Guardianship of Phillips, 926 N.E.2d 1103 (Ind. Ct. App. 2010), in which the Court held the denial of a petition to revoke a trust was a final judgment even though the guardianship remained open. The Court discussed differences between a guardianship proceeding and an estate, focusing on the fact that a guardianship could continue indefinitely while an estate would close upon the distribution of assets. This distinction makes sense because if certain orders in guardianships were not considered “final,” parties could be deprived of the ability to appeal some orders. The fatal mistake in this case was the appellant’s failure to include Rule 54(B) “magic language” entering judgment and expressly determining there is no just reason for delay. Courts require this express language and any party seeking to appeal an order entered under Rule 54 or 56 that does not completely end a case must be sure the language is included. An interesting issue is whether the order would have been appealable as a final order even if the trial court had included the magic language. A trial court’s mere inclusion of the magic language is not always determinative. To be considered final, an order must “possess the requisite degree of finality, and must dispose of at least a single substantive claim.” Ramco Indus., Inc. v. C & E Corp., 773 N.E.2d 284, 288 (Ind. Ct. App. 2002). It is not entirely clear from the facts disclosed in this opinion whether the trial court could properly have made the appealed order final. Because the failure to include the magic language was dispositive, this question is purely academic. But it is important for appellate practitioners to remember that the use of magic language does not automatically mean an order is a final appealable order. # Landlord-Tenant Law | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/landlord-tenant-law ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/landlord-tenant-law) #Landlord-Tenant Law #####[Reynolds v. Capps](https://http://www.in.gov/judiciary/opinions/pdf/05231203mpb.pdf) (Ind. Ct. App. May 23, 2012) -Originally published May 23, 2012 A landlord filed a claim for ejection and past-due rent. No judge appeared at the small claims trial, so a court reporter took down argument from the parties. No witnesses were sworn and no evidence was introduced. Following the hearing, the court reporter filled out a pre-signed form requiring the tenant to vacate the premises. Later, the trial court heard evidence on damages and ordered the tenant to pay damages to the landlord. The tenant then appealed, arguing the initial hearing held without a judge violated due process. The Court concluded the hearing did not satisfy due process because it lacked a neutral decision-maker and did not afford the tenant her right to present evidence and defend against the ejectment. The record in this case suggested that ejectment hearings may often be conducted without judicial officers. Further, the fact that the court reporter had a pre-signed ejectment order suggests that, at least in that court, a presumption in favor of ejectment exists. The Court of Appeals explicitly disapproved of these circumstances. # Service of Pleadings and Motions | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/service-of-pleadings-and-motions ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/service-of-pleadings-and-motions) #Service of Pleadings and Motions #####[Clements v. Hall](https://http://www.in.gov/judiciary/opinions/pdf/04241202mgr.pdf)(Ind. Ct. App. April 24, 2012) In this case, the Court of Appeals reversed a trial court’s denial of a motion for relief from judgment. The defendant’s attorney was not served with the plaintiffs’ summary judgment motion, which the trial court had granted. The plaintiffs argued that they were not required to serve the defendant’s attorney because he had not yet entered an appearance. The Court of Appeals reversed, relying primarily on Smith v. Johnston, 711 N.E.2d 1259 (Ind. 1999), a leading case on how attorneys should deal with parties who are represented by an attorney who has not appeared in a particular lawsuit. This case demonstrates that it is better to over-serve than under-serve. When in doubt as to whether a party or attorney needs notice of a filing, especially a dispositive motion, serve that party or attorney. This decision and Smith v. Johnston demonstrate that our appellate courts do not consider a lack of appearance determinative of whether a party’s attorney should be served. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Insurance Coverage | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/insurance-coverage ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/insurance-coverage) #Insurance Coverage #####[Omni Insurance Group v. Poage](https://http://www.in.gov/judiciary/opinions/pdf/04231202msm.pdf)(Ind. Ct. App. April 23, 2012) Parties often litigate the issue of whether a person was a resident of another’s home for purposes of an insurance policy. This case involved a declaratory judgment action brought by an insurer to determine whether it had a duty to provide coverage to a son who lived in his mother’s household. The mother had specifically told the insurer that there were no residents of her household over the age of 14. Therefore, if the son was a "resident" under the terms of the insurance policy, there was no coverage; if the son was not a "resident," there was coverage because he was driving his mother’s car with her permission. The Court went through the factors identified by Indiana Farmers Mutual Insurance Company v. Imel, 817 N.E.2d 299 (Ind. Ct. App. 2004) and found a question of fact as to the son’s residence. This issue is often a question of fact, but can be decided as a matter of law, as evidenced by the Court of Appeals’ recent decision in Quiring v. GEICO General Insurance Co., 953 N.E.2d 119 (Ind. Ct. App. 2011), which, somewhat curiously, the Poage court did not cite. The court also held, in footnote 3, that by paying the related property damage claim the insurer had not waived the issue of whether the son was covered. The court also found the insurer did not waive the coverage issue by writing a letter stating that there was a question as to coverage and that the insurer would do everything it could to settle the claim within policy limits. These holdings are extremely important for insurance defense counsel. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Belated Criminal Appeals | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/belated-criminal-appeals ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/belated-criminal-appeals) #Belated Criminal Appeals #####[Darby v. State](https://http://www.in.gov/judiciary/opinions/pdf/04191201cld.pdf) (Ind. Ct. App. April 19, 2012) In this criminal appeal, the Court of Appeals affirmed the trial court’s denial of the defendant’s petition to file a belated notice of appeal. After being sentenced to life imprisonment for murder in 1970, the defendant escaped from prison in 1972 and was a fugitive until 2007. In 2011, she filed a belated notice of appeal. The Court of Appeals recognized the constitutional right to appeal a criminal conviction and the post-conviction rule that allows criminal defendants to seek leave to file late notices of appeal (P.C.R.2(1)(a)) but held the defendant was not without fault for the extensive delay in seeking leave to appeal. Although favorable to the State, this opinion includes some good general discussion of belated criminal appeals and is a good starting place for post-conviction or appellate attorneys dealing with belated appeals. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Appellate Jurisdiction | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/appellate-jurisdiction ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/appellate-jurisdiction) #Appellate Jurisdiction #####[Walters v. Austin](https://http://www.in.gov/judiciary/opinions/pdf/04181201ewn.pdf) (Ind. Ct. App. April 18, 2012) This case demonstrates the importance of knowing and following appellate procedural rules. In this case, the Court of Appeals dismissed the appeal for lack of jurisdiction. The timeline that led to the dismissal is as follows: May 3, 2011: trial court entered judgment for the defendant May 20, 2011: plaintiff filed motion to correct error May 23, 2011: trial court denied plaintiff’s motion to correct error May 24, 2011: plaintiff, unaware of the trial court’s May 23 order, filed an amended motion to correct error and motion for amended motion to correct error to relate back to filing date of original motion to correct May 24, 2011: the trial court granted motion to relate back but denied amended motion to correct June 23, 2011: plaintiff filed notice of appeal The June 23, 2011 notice of appeal was filed 31 days after the denial of the plaintiff’s motion to correct an error. Because the time limit is 30 days, the Court of Appeals held it did not have jurisdiction and dismissed the appeal. Indiana Appellate Rule 9(A)(5) is directly on point: “Unless the Notice of Appeal is timely filed, the right to appeal shall be forfeited except as provided by P.C.R. 2.” This mandatory rule led the majority (Judge Najam and Judge Riley) to dismiss the appeal. Judge Darden dissented, finding that the plaintiff’s amended motion to correct was not a repetitive motion meant to delay the proceedings, and therefore believed that May 24, not May 23, was the relevant date and that the notice of appeal was therefore timely filed. Judge Najam and Judge Riley clearly adhered to a strict reading of the appellate rules. Judge Darden, on the other hand, looked more to the spirit of the rules and the “interest of justice” to find that the appeal should be allowed. This case demonstrates the importance of complying with appellate procedural rules. Any practitioner appealing a trial court judgment or order must know these rules. A practitioner who is not used to appellate practice would be well-served by either referring the appeal to another practitioner or, at least, consulting with an appellate specialist. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Unemployment Benefits | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/unemployment-benefits ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/unemployment-benefits) #Unemployment Benefits #####[Alebro v. Review Board of the Indiana Department of Workforce Development](https://http://www.in.gov/judiciary/opinions/pdf/04181205nhv.pdf) (Ind. Ct. App. April 18, 2012) In this case, the Court of Appeals reversed the Review Board’s grant of unemployment benefits, holding that if an employee’s explanation for the behavior that led to termination is a different terminable offense, the employer has just cause to terminate the employee. Alebro, a company that sells salt, fired an employee it caught selling salt on Alebro’s property. Alebro believed the salt belonged to Alebro and fired the employee for theft. At the unemployment benefits hearing, the employee argued he owned the salt. Selling one’s own salt on Alebro’s property was also a terminable offense. The Court of Appeals held that the Review Board improperly failed to consider that the employee’s defense to termination was that he committed a different terminable offense than the employer identified as its grounds for discharge. The Court recognized that under its previous decision of Voss v. Review Board of Department of Employment and Training Services, 533 N.E.2d 1020 (Ind. Ct. App. 1989), the scope of review is limited to the stated offense. The Court explained that the Voss rule is meant to prevent surprise. This rationale does not apply where an employee affirmatively defends his conduct by admitting to a new terminable offense. This case presents a good example of the Court of Appeals (and likely the attorney who represented the employer) looking at the rationale for precedent and modifying or limiting that precedent to deal with a new fact pattern. Appellate attorneys should not be afraid to acknowledge unfavorable precedent – in fact, our Rules of Professional Responsibility require us to inform the Court of unfavorable precedent – and then examine the underlying facts or rationale for the precedential rule and explain how or why it does not apply to the case at bar. A final interesting point raised in this case is whether the Court of Appeals should have disclosed the name of the employer and employee in its published decision. Judge Crone concurred with the majority’s reasoning and result, but wrote a separate opinion arguing that Indiana Administrative Rule 9(G)(1) and Indiana Code section 22-4-19-6 required confidentiality. Judge Crone pointed out the Supreme Court has taken a somewhat inconsistent approach to this confidentially requirement, citing Recker v. Review Board, 2011 WL 6848389 (Ind. 2011) (identifying the parties where neither party made a specific request for confidentiality) and Chrysler Group, LLC v. Review Board, 960 N.E.2d 118 (Ind. 2012) (identifying the employee by initials but the employer by name based on the impractical nature of concealing the identity of Chrysler Group). Judge Crone presents a compelling argument based on the plain language of Administrative Rule 9. It will be interesting to see if the Supreme Court offers some clarity on this issue. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Fourth Amendment | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/fourth-amendment ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/fourth-amendment) #Fourth Amendment #####[Westmoreland v. State (Ind. Ct. App. April 17, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/04181205nhv.pdf) This case is our Court of Appeals' first in-depth discussion of the SCOTUS decision in Arizona v. Johnson, 555 U.S. 323 (2009), which addressed the authority of police officers to conduct pat-down searches of vehicle passengers after routine traffic stops. The Court of Appeals held the pat-down, in this case, violated the 4th Amendment, as interpreted in Arizona v. Johnson, and that the trial court should have suppressed marijuana found in the pat-down because the officers had no reasonable belief that the defendant was armed and dangerous. This case is important to any criminal law defense attorney or appellate practitioner who handles criminal appeals. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Worker's Compensation Exclusivity | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/workers-compensation-exclusivity ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/workers-compensation-exclusivity) #Worker's Compensation Exclusivity #####[The Estate of Smith v. Stutzman (Ind. Ct. App. March 23, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/03231201ebb.pdf) #####Originally published March 26, 2012 In this case, the Court of Appeals held that the trial court properly set aside a default judgment entered against an employer on a claim brought by an employee who claimed he was injured due to the employer’s negligence. The trial court had set aside the default judgment on the grounds that the judgment was void because the employee was acting within the scope of his employment and therefore his exclusive remedy was under Indiana's Worker’s Compensation Act. The employee's Estate had previously entered into a settlement agreement with the employer before the worker’s compensation board and accepted a lump sum payment of $100,000. After receiving this payment, the Estate then filed a claim for damages in Kosciusko Superior Court. The Estate argued that although it had settled the worker’s compensation claim, it should remain free to argue whether the decedent was acting in the scope of employment at the time of the injury. The Court of Appeals disagreed with the Estate and held it was barred from litigating whether the employee was acting within the scope of employment. This case makes clear that once an employee elects to receive compensation under the Workers Compensation Act, that employee is barred from later claiming his or her claim did not fall under the Act. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Duty for Safety on Construction Site | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/duty-for-safety-on-construction-site ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/duty-for-safety-on-construction-site) #Duty for Safety on Construction Site #####[Hunt Construction Group, Inc. v. Garrett (Ind. March 22, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/03221201fsj.pdf) - Originally published March 23, 2012 This important construction accident case resulted in two important holdings. First, the Supreme Court affirmed the Court of Appeals decision that a construction manager, who has no contractual relationship with subcontractors on a construction project, cannot be vicariously liable for the negligence of the subcontractors. This rule applies even where the construction manager assumes the duty of care to the subcontractors’ employees in the construction manager’s contract with the property owner. Secondly, the Supreme Court held that a construction manager contract with the property owner that gives the construction manager safety-related duties on the project but also clarifies that the construction manager owes these duties to the property owner, not employees of subcontractors or other workers on the project, may not be held liable in tort for injuries to a subcontractor’s employee caused by safety violations occurring on the site. The first aspect of the Supreme Court’s decision, which affirms the Court of Appeals, is not surprising. The Plaintiff in this case had attempted to hold a construction manager vicariously liable for the acts of entities with which the construction manager had no contractual relationship or otherwise existing common law duty. In the construction context, contractors may be vicariously liable under certain circumstances for the acts of independent contractors. But no court has ever held that a party could have vicarious liability for an entity with which it had no contractual relationship. The second aspect of the holding clarifies that parties may charge themselves with safety-related responsibilities without creating new civil duties to third-parties to the contract. This holding furthers the right to freedom of contract and furthers public policy by encouraging construction managers and property owners to take on safety responsibilities without fear of creating liability. Significant debate will undoubtedly exist over whether this holding applies outside of the construction manager context. A strong argument exists that the logic and rationale used by the Court should apply to any contracts between property owners and contractors, whether they are construction managers, prime contractors, or any other entity. Not only does the law discussed by the Court seem to apply in circumstances outside of the construction manager context, but also the policy rationale discussed applies no matter what sort of entity the property owner employs to manage safety on the construction site. Any defense attorney faced with a claim against a construction contractor should become very familiar with this case and be prepared to argue for its logical extension to entities other than construction managers. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Insurance Coverage for Pollution | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/insurance-coverage-for-pollution ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/insurance-coverage-for-pollution) #Insurance Coverage for Pollution #####[State Mutual Insurance Company v. Flexdar, Inc. (Ind. March 22, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/03221201rdr.pdf) - Originally published March 23, 2012 In a 3-2 decision, our Supreme Court held that the pollution exclusion in the Defendant’s commercial general liability policy was ambiguous and therefore provided coverage for the Plaintiff’s costs of cleaning up trichloroethylene that was present in its soil and groundwater. The Supreme Court noted that two primary views exist regarding pollution exclusions – a “literal” approach and a “situational” approach. Indiana follows neither of these and instead requires an insurer to specify with particularity what falls within its pollution exclusion. The State Automobile Mutual Insurance majority held that the Defendant’s policy, which defined “pollutants” as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste,” could not be read literally because it would negate any coverage. The majority, therefore, concluded that this pollution exclusion was not sufficiently explicit and therefore provided coverage to the Plaintiff. Justice Rucker wrote the opinion, in which Justice Dickson concurred. Justice David concurred in the result. Therefore, although the ultimate result in this case had majority support, only two Justices signed off on the opinion’s rationale. Justice Sullivan dissented with Justice Shepherd. Justice Sullivan wrote that this decision moves Indiana law toward the proposition that all pollution exclusions are unenforceable. Justice Sullivan also cited with approval a recent seventh circuit decision, Scottsdale Indemnity Company v. Village of Crestwood. A final interesting point about this decision is that the two dissenting judges were Justice Shepard and Justice Sullivan. As we know, Justice Shepard is no longer with the Court and Justice Sullivan has announced his retirement and will leave the court in the fall, to teach law at Indiana University-Indianapolis. Therefore, despite the strong and rational dissent in this case, Indiana law does indeed seem to be trending toward reading pollution exclusions with disfavor and requiring a high degree of specificity not required by other jurisdictions. But because Justice David concurred in result only, the rationale of this decision has little precedential value and should not deter practitioners representing insurance companies to continue to argue that Indiana should adopt either the literal or situational approaches embraced by other courts and should not trend a point where, as Justice Sullivan fears, pollution exclusions will become per se unenforceable in Indiana. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Appellate Attorney Fees | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/appellate-attorney-fees ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/appellate-attorney-fees) #Appellate Attorney Fees #####[Chaney v. Clarion Health Partners, Inc. (Ind. Ct. App. March 22, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/03221201fsj.pdf) - Originally published March 22, 2012 This decision on rehearing offers little substitutive interest to practitioners but does bring up an interesting strategic and procedural point. In this case, the Court of Appeals affirmed its initial order awarding appellate fees and costs but modified its published decision based on two errors pointed out by the parties seeking rehearing. This case demonstrates the Court of Appeals willingness to correct or modify its opinions on rehearing when pointed to specific errors or misstatements. However, the ultimate effect of the order in this case provided no relief to the parties seeking rehearing. Parties faced with an unfavorable appellate decision sometimes face a difficult decision of whether to seek rehearing or petition the Supreme Court for transfer. The odds of obtaining favorable relief through either procedure are long, but in certain circumstances parties must seek such relief. Petitions for rehearing are especially difficult to win. Parties are not simply going to convince the Court of Appeals it was wrong based on new argument or repeated argument. Even if the party points out clear factual errors made by the Court of Appeals, chances are, any such errors did not affect the ultimate outcome of the initial opinion. Although a petition for rehearing is certainly an important part of appellate practice, practitioners should recognize that only clear and substantial errors by the Court of Appeals will lead a panel to reconsider the outcome of its initial opinion. Often, practitioners can better serve their cause and their clients by forgoing the petition for rehearing and proceeding directly to the petition to transfer step. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Due Process Requirements for Tax Sales | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/due-process-requirements-for-tax-sales ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/due-process-requirements-for-tax-sales) #Due Process Requirements for Tax Sales #####[Marion County Auditor v. Sawmill Creek, LLC (Ind. March 21, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/03211202bd.pdf) - Originally published March 22, 2012 This case discusses the adequacy of notice of a tax sale for property under the U.S. Constitution’s due process clause. In this case, a company issued a tax deed to a piece of property and mailed notice to the last address the property owner had provided to the auditor’s office. The notice was returned stamped “not deliverable as addressed, unable to forward.” The auditor then published a list of properties for sale in the newspaper, on its website, and on a list posted outside of the clerk’s office. The property owner claimed to never receive notice and the property was sold. All parties agreed the auditor complied with the notice statute in effect at the time of the tax sale. However, the property owner argued that the auditor’s efforts violated due process under the U.S. Supreme Court decision Jones v. Flowers, 547 U.S. 220 (2006). The Flowers decision clarified that under certain circumstances, where a state knows that a property owner has not received notice of a tax sale, the state is required to take reasonable steps to notify the property owner. The Flowers court did not tell states exactly what they must do before property is sold at a tax sale. However, the Supreme Court did suggest that several states, including Indiana, had statues in place that did not comply with the due process requirement. The Indiana legislature responded to Flowers by amending our notice statute, Indiana Code section 6-1.1-25-4.6. In Sawmill Creek, our Supreme Court concluded that under the specific facts of this case, the Auditor satisfied the due process requirement as articulated by the U.S. Supreme Court in Flowers. Specifically, the Court noted that the Auditor was faced with property that was unimproved, bare land and the owner could not be found. The Court also recognized that the auditor searched the chain of title for the property, the records for the Indiana Secretary of State, and the phonebook in efforts to locate a new or alternative address for the property owner. The Court noted that posting notice on the property was not reasonable, as there were no improvements on the property. The Court also noted that the Marion County Auditor received 1,800 returned notices in 2005 alone and that posting notice on all of these properties would impose an unreasonable burden. Justice Rucker dissented, believing that the trial court and the Court of Appeals correctly decided that the Auditor’s attempts to notify the property owner in this case did not satisfy the due process requirements as articulated by the U.S. Supreme Court in Flowers. Because the U.S. Supreme Court has declined to specify the procedures that a state must take to notify a property owner of a tax sale in order to satisfy the due process clause, disputes will undoubtedly occur regarding whether notice of a tax sale satisfied the due process clause. This case demonstrates the difficulty of applying the general due process requirement to unique facts in the tax sale context. One trial court judge, three members of the Court of Appeals, and Justice Rucker believe the auditor in this case did not satisfy due process. Four members of the Supreme Court believe the auditor did satisfy due process. Therefore, although this case certainly presents some guidance and is important for practitioners in the area of the law, the decision does not provide any bright-line rule regarding what notice is constitutionally adequate. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Civil Jury Instructions | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/civil-jury-instructions ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/civil-jury-instructions) #Civil Jury Instructions #####[The Laporte Community School Corporation v. Rosales (Ind. March 20, 2012)](https://www.in.gov/judiciary/opinions/pdf/03201202bd.pdf) - Originally published March 21, 2012 This child wrongful death case addresses the impropriety of jury instructions regarding a party’s contentions. In this case, the Plaintiff tendered and the trial court gave an instruction regarding the Plaintiff’s allegations of negligence against the Defendant. The instruction informed the jury that the Plaintiff had the burden of proving three elements by a preponderance of the evidence: negligence, proximate cause, and resulting damages. In instructing the jury that the Defendant had the burden of proving negligence, the Court listed actions the Plaintiff alleged were negligent, including failing to implement or monitor a system for health services, failing to properly train its staff, failing to assemble a first aid team, failing to prepare for a foreseeable medical emergency, and failing to supervise those with the responsibility to provide health services. The Court held this instruction was improper and prejudicial. Specifically, the Court stated the instruction could be construed to state that these failures automatically constitute negligence if proven by a preponderance of the evidence. However, a school corporation’s duty is to exercise ordinary and reasonable care. The failure to do the things alleged by the Plaintiff could be evidence of failure to exercise reasonable care. However, the acts in the instruction are not independent duties owed by the school. The Court went on to find the error was prejudicial because it left the jury in doubt as to the law on a material issue. Justice Sullivan dissented, concluding that when looking at the instructions as a whole any ambiguity in the improper instruction did not mislead the jury. This case should provide substantial clarity regarding the propriety of instructing the jury on a party’s contentions. It also provides guidance to appellate practitioners when asserting prejudicial error because of an erroneous instruction. Any party appealing erroneous jury instructions regarding a party’s duty would do well to rely heavily on this case. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Attorney Discipline | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/attorney-discipline ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/attorney-discipline) #Attorney Discipline #####[In re Brizzi](https://http://www.in.gov/judiciary/opinions/pdf/03121201per.pdf) (Ind. March 12, 2012) The Supreme Court determined that statements made by Carl Brizzi, the former Prosecutor for Marion County, warranted a public reprimand. While conducting a murder prosecution for the killing of seven people in a home invasion, Brizzi stated that he would not trade all the money and drugs in the world for the life of one person, that the defendant deserved the ultimate penalty, that the evidence of the defendant’s guilt was overwhelming, and that it would be a travesty to not seek the death penalty. The Court concluded that Brizzi’s statements crossed the line between permissible comments informing the public of important matters and impermissible comments that either materially prejudice an adjudicative proceeding or heighten public condemnation of an accused in a criminal matter. This case is somewhat unusual, in that the Supreme Court rejected the disciplinary hearing officer’s conclusions that the Commission failed to present clear and convincing evidence that Brizzi violated a Rule of Professional Conduct. The case also provides some interpretation of our Rules of Professional conduct regarding public comment regarding cases. Any lawyer who becomes involved in a case of public interest would be well served to read this case carefully before speaking to the media. # Underinsured Motorist Statute Decision | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/indiana-appellate-decision-addressing-the-underinsured-motorist-statute ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/indiana-appellate-decision-addressing-the-underinsured-motorist-statute) #Indiana Appellate Decision Addressing the Underinsured Motorist Statute #####[Lakes v. Grange Mutual Casualty Company](https://http://www.in.gov/judiciary/opinions/pdf/0320201202fsj.pdf) (Ind. March 20, 2012) - Originally published March 20, 2012 This case is the latest in several Indiana Appellate decisions addressing the phrase “coverage available for payment to the insured” and the Underinsured Motorist Statute, I.C. §27-7-5-4. The issue was when a tortfeasor’s insurance policy provides the same amount of coverage as the defendant’s UIM coverage, but the insured actually recovers less than his/her underinsured policy limits because more than one person was injured by the tortfeasor. This decision, like a prior Supreme Court decision, Corr v. American Family Insurance, 767 N.E.2d 535 (Ind. 2002), held that a tortfeasor’s vehicle is underinsured if the amount actually paid to the plaintiff was less than the plaintiff’s per-person limit of liability under the underinsured motorist policy. In rendering this holding and reaffirming Corr, the Supreme Court strongly disapproved of a Court of Appeals’ decision, Grange Insurance Company v. Graham, 843 N.E.2d 597 (Ind. Ct. App. 2006), trans. denied, which the Supreme Court stated: “all but ignored the Corr decision.” The Lakes court noted that its holding could encourage collusion among insureds to structure their relationships and settlement agreements so that a claimant with underinsured motorist protection may still recover under his/her policy. However, the Court noted the remedial nature of the underinsured motorist statute and determined this potential for collusion was preferable than the potential for leaving motorist without coverage. This decision should clarify the confusion that was created by the apparent conflict between Corr, a 2002 Supreme Court decision and Graham, a 2006 Court of Appeals’ decision. It is interesting to note that the Supreme Court denied transfer in Graham, yet strongly disapproved of the Graham Court’s holding in this case. This fact re-emphasizes the often-overlooked point that a denial of transfer says nothing regarding the Supreme Court’s opinion on the merits of a Court of Appeals’ decision. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Insurance Coverage for Environmental Cleanup | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/insurance-coverage-for-environmental-cleanup ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/insurance-coverage-for-environmental-cleanup) #Insurance Coverage for Environmental Cleanup #####[Indiana Farm Bureau Ins. Co. v. Harleysville Ins. Co. (Ind. Ct. App. March 16, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/03161202cjb.pdf) - Originally published March 19, 2012 This insurance coverage dispute regarding coverage for proceedings related to the remediation of contamination at a gas station gave the Court of Appeals the opportunity to discuss the known loss doctrine and the reasonable notice requirement present in most general liability policies. The known loss doctrine prohibits one from obtaining insurance for a loss that has already occurred. The Court found a question of fact as to whether the insured knew of the condition at the gas station despite evidence that a company that performed a site assessment had informed the Department of Environmental Management of contamination. The Court noted that there was no evidence in the record that the company had informed the insured of the contamination. With regard to the notice issue, the Court again found a question of fact that precluded summary judgment. In finding a question of fact, the Court again commented on the lack of designated evidence showing that the insured knew of the contamination at the time of the site assessments. These holdings demonstrate the necessity of designating sufficient evidence in support of summary judgment motions, even evidence that may seem like common sense (as the Court noted, “it may be that such requests for [site] assessments invariably . . . lead to site remediation”). The holding also confirms that at the summary judgment stage, circumstantial evidence may be insufficient to establish actual knowledge. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Government Employee's Free Speech Rights | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/government-employees-free-speech-rights ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/government-employees-free-speech-rights) #Government Employee's Free Speech Rights #####[Messer v. New Albany Police Department (Ind. Ct. App. March 15, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/03161201msm.pdf) - Originally published March 15, 2012 This case addressed the interaction of the First Amendment right to free speech and the government’s authority to regulate the speech of its own employees. In this case, a New Albany police officer made a racially-charged comment to other police officers. The comment was subsequently leaked to the press. The police department suspended the officer for making the statement. The Court of Appeals held the suspension was permissible under the holding of Pickering v. Board of Education, 391 U.S. 563, the seminal Supreme Court case regarding government-employee speech. In Messer, the Court held the suspension was constitutionally permissible because the police officer’s speech did not address a matter of public concern, and even if it did, the speech adversely affected the police department’s work. Judge Baker dissented, focusing on the fact that the police officer’s statement was not made in public. Judge Baker, therefore, believed the police department failed to establish that the police officer’s comments had the potential to disrupt the work of the police force and, therefore, the First Amendment protected the speech. Judge Baker makes an interesting point in his dissent. Judge Baker’s dissent also raises a fundamental question of how much importance should be placed on the government employee speaker’s intentions as opposed to the effect of the speaker’s statements on the government employer. The government employer likely cares little whether an employee intentionally disseminates statement to the public or whether the statements are leaked. The effect on the government’s operations is likely the same in either situation. However, general first amendment principles have also considered the time, place, and manner of speech when determining whether it is afforded protection. The majority and dissenting opinions in this case exemplify the difficulty of drawing lines in these sort of cases. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Due Process in CHINS Adjudications | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/due-process-in-chins-adjudications ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/due-process-in-chins-adjudications) #Due Process in CHINS Adjudications #####[In re T.M. (Ind. March 13, 2012)](https://www.in.gov/judiciary/opinions/pdf/06281901msm.pdf) and In re [K.D. (Ind. March 13, 2012)](https://www.in.gov/judiciary/opinions/pdf/03131201shd.pdf) -Originally publish March 14, 2021 These companion cases addressed the procedural due process safeguards required in CHINS cases. Specifically, the cases held that parents who request a contested fact-finding hearing have a constitutional due process right to such a hearing. A CHINS adjudication is a necessary step before the Department of Child Services can bring an action to terminate a person’s parental rights. The Supreme Court held that if one parent wishes to admit that a child is in need of services and the other parent wishes to deny such a need, the trial court is required to conduct a fact-finding hearing. A contested dispositional hearing is not sufficient. These holdings are very straightforward. However, they are also very important and clarify parents’ due process rights regarding proceedings that could lead to the termination of their parental rights. These cases are very important for anyone who practices family law at the trial court level or is appealing a decision regarding a CHINS adjudication or termination of parental rights. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Attorney Fees | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/attorney-fees ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/attorney-fees) #Attorney Fees [R.L. Turner Corporation v. Town of Brownsburg](https://http://www.in.gov/judiciary/opinions/pdf/03091201rts.doc.pdf)(Ind. March 9, 2012) - Originally published March 12, 2012 The Supreme Court clarified that a trial court may permissibly enter an award for attorney fees after it dismisses a claim. The Court first clarified that the issue was procedural, not jurisdictional, as the trial court clearly had the authority to hear the case between the parties. The Court then held that, unlike in federal court, where a procedural rule gives parties 14 days to ask for fees, no specific time limit exists in state court for a party to seek attorney fees. The Court did note that trial courts “must use their discretion to prevent unfairness to parties facing petitions for fees.” # Criminal Jury Instructions | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/criminal-jury-instructions ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/criminal-jury-instructions) #Criminal Jury Instructions #####[Garrett v. State](https://http://www.in.gov/judiciary/opinions/pdf/03071201msm.pdf) (Ind. Ct. App. March 7, 2012) The Court of Appeals held it was reversible error to refuse to instruct the jury on the lesser-included offense of possession of methamphetamine in addition to the charge of dealing methamphetamine. Initially, the Court declined to find waiver of the issue, despite the fact that the defendant had not submitted a written instruction on the possession charge. The Court noted the general rule that failing to tender an instruction results in waiver, but found that based on the arguments at trial, the defendant had preserved the issue. The Court then found that the instruction should have been given, as there was some evidence that could have led the jury to find the defendant possessed but did not intend to deal methamphetamine. The Court rejected the State’s argument that no reversible error occurred because the greater weight of the evidence supported the dealing charge. This holding presents some hope for appellate counsel seeking to argue reversible error where an instruction was not given, but should not be read by trial counsel as a green light to simply argue instructions as opposed to submitting written instructions. - Published March 7, 2012 # Police and Firefighter Disability Fund | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/police-and-firefighter-disability-fund ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/police-and-firefighter-disability-fund) #Police and Firefighter Disability Fund #####[Thatcher v. City of Kokomo (Ind. March 6, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/03061201rdr.pdf) In this case, the Indiana Supreme Court answered two certified questions from the United States District Court for the Southern District of Indiana regarding the 1977 Fund, a disability and pension fund for police officers and firefighters. The Court concluded that Indiana Code section 36-8-4-7(a), which prohibits a city from appointing people who have reached 36 years or age and reappointing people who are receiving benefits from the 1977 fund and have reached 40 years of age, applied to someone who was receiving benefits from the 1977 fund, but had recovered from his disability. The Court also concluded that one’s time spent receiving benefits from the 1977 fund did not count toward the years of service under section 36-8-4-7. The Court’s conclusion is clearly correct under the language used by our legislature. The Court recognized the unfortunate nature of the situation at bar – a qualified former police officer who desired to work and whom the City wanted to employ was prohibited from returning to work. # Personal Jurisdiction | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/personal-jurisdiction ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/personal-jurisdiction) #Personal Jurisdiction #####[Davis v. Simon (Ind. Ct. App. Feb. 29, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/02291201ebb.pdf) - Originally published February 29, 2012 This case involves the oft-litigated issue of personal jurisdiction. The Plaintiff, an Indiana resident, alleged the Defendant, an attorney in California, made defamatory statements regarding the Plaintiff to an Indianapolis newspaper via telephone. The issue is whether the Defendant had sufficient minimum contacts with Indiana to find personal jurisdiction. Specifically, the issue involved whether the “express aiming test”, otherwise known as the “effects test,” which applies to intentional torts, gave an Indiana court jurisdiction over the Defendant. The Defendant’s contacts with Indiana consisted of the news station calling the Defendant with questions regarding the Plaintiff and the possible inference that the Defendant returned one such phone call. The Court found Indiana lacked personal jurisdiction, relying heavily on the fact that it was the Indiana news station that initiated contact with the Defendant, and the Defendant did nothing more than respond to the communications initiated by the Indiana news station. The Court also noted that the Defendant neither wrote nor disseminated the story ultimately published about the Plaintiff. Judge Kirsch dissented, believing that by intentionally communicating the allegedly defamatory statements regarding the Plaintiff to an Indianapolis news station reporter, the Plaintiff engaged in intentional conduct in Indiana that was calculated to cause injury in Indiana. Indiana’s long-arm jurisdiction statute is essentially as broad as the U.S. Constitution law allows. This case turned on the U.S. Supreme Court’s holding regarding personal jurisdiction in Calder v. Jones, 465 U.S. 783 (1984). Few Indiana state decisions have applied Calder and Davis v. Simon appears to be only the second to examine Calder in depth. The fact that the Panel was split over Calder’s application suggests that some clarification from the Indiana Supreme Court may be appropriate in this case. The issue is important and could easily occur again, especially in the age of Facebook, Twitter, and other internet postings, where many people make statements from one state regarding people in another state. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Underinsured Motorists Coverage | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/underinsured-motorists-coverage ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/underinsured-motorists-coverage) #Underinsured Motorists Coverage #####[Hanna v. Indiana Farms Mutual Insurance Company (Ind. Ct. App. Feb. 29, 2012)](https://www.courtlistener.com/opinion/2436138/hanna-v-indiana-farmers-mut-ins-co/) - Originally published February 29, 2012 This case involves an underinsured motorists (UIM) claim brought by the parents of a child killed in a two-car collision during a drag race. The Plaintiffs received compensation from the tortfeasors and then brought a claim against the Plaintiffs’ insurance company. The Court of Appeals issued two important holdings: 1) the deceased child’s parents were entitled to a single joint claim for their son’s death, and 2) the parents were not entitled to UIM proceeds because the amounts they had received from the tortfeasors exceeded their coverage limits under their UIM insurance policy. The first holding turned on an interpretation of the Child Wrongful Death Act which, in pertinent part, allows the father and mother jointly, or either of them individually by naming the other parent as a co-defendant, to bring a claim for their child’s wrongful death. The Court held the statute does not permit each parent to maintain a separate wrongful death claim. Although the first holding seems fairly straight forward, it was an issue of first impression. Specifically, no Court had ever held that parents of a deceased child could not each maintain a separate action for wrongful death. This decision, therefore, provides important clarity to any parties involved in a child wrongful death case. The case also highlights the issues that can arise when a child of divorced parents dies because of the torts of another person. In this circumstance, two claims would be improper. The parents either must bring a single joint claim or one parent may bring the claim and name the other parent as a party to answer for his interest. The second holding turned on the fact that the parents had received $300,000 from the tortfeasors and had only $250,000 in UIM coverage. This holding is nothing new but does apply established law regarding UIM coverage to this particular set of facts. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Motorist's Duty to other Motorists | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/motorists-duty-to-other-motorists ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/motorists-duty-to-other-motorists) #Motorist's Duty to other Motorists [Brown v. Hamilton (Ind. Ct. App. Feb. 28, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/02281201nhv.pdf) - Originally published February 28, 2012 The Court of Appeals held that a driver who signals to a second driver that it is safe to proceed owes a duty to a third motorist who is injured because of the second driver’s reasonable reliance on the signaling driver. This case used a Webb v. Jarvis analysis and extended the rule announced in Claxton v. Hutton, 615 N.E.2d 471 (Ind. Ct. App. 1993), that a signaling motorist owes a duty to the driver at which he or she directs the signal. The Brown rule is inconsistent with decisions from California, Georgia, Michigan, and Ohio, which hold a motorist’s non-delegable duty of care for other motorists and duty to yield to preferred motorists prohibits that motorist from relying on a signaling motorist. Judge Mathias dissented. In Brown, the signaling driver was named as a non-party. An interesting question is why the Court (or the parties) framed the issue as one of duty. Non-parties may be assigned fault even if they owed no duty to the plaintiff, as long as they contributed to cause the plaintiff’s injuries. See Bulldog Battery Corp. v. Pica Investments, Inc., 736 N.E.2d 333, 338 (Ind. Ct. App. 2000) (“The nonparty defense is not limited to instances where the named nonparty is or may be liable to the plaintiff.”). It will be interesting to see if the Supreme Court decides to accept transfer in this case (assuming a petition is filed). The Court has questioned the utility of Webb in the past and this case would seem to provide a good opportunity to address Webb’s ongoing validity. Further, the Supreme Court may wish to clarify the interaction of duty and non-party defenses, as the Court of Appeals and the parties characterization of duty seems to conflict with the previous precedent on this point. Regardless, this case is important for both plaintiffs and defense attorneys who represent parties involved in traffic accidents. Both sides should quickly determine whether any third parties should be named as defendants or non-parties, as a jury could determine that the signaling party bears substantial fault for the accident – in Brown, the signaling party was assigned 50% of the fault. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Batson Challenges | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/batson-challenges ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/batson-challenges) #Batson Challenges #####[Addison v. State Ind. Feb. 22, 2012](https://www.courtlistener.com/opinion/852080/addison-v-state/) [-](https://www.barrettlaw.com/our-people/william-a-ramsey) Originally published February 22, 2012 The Supreme Court handed down an interesting and important decision regarding Batson challenges today, Addison v. State. At trial, a Black criminal defendant made a timely Batson objection to the State’s use of its peremptory challenges to remove a Black venireperson. The Defendant made no substantive rebuttal argument in response to the State’s facially race-neutral reason for the removal. On appeal, the Defendant advanced this argument and asked the Court to make a side-by-side comparison of similarly situated non-Black jurors who were permitted to serve. The Court rejected the general rule that a defendant may not argue one ground for objection at trial and then raised new grounds on appeal, and held that Indiana appellate courts will examine these newly-raised Batson arguments under the fundamental error standard of review. The Court then carefully examined the voir dire questioning at issue, rejected the State’s characterization of the juror’s responses, and determined the State had failed to put forth a valid race-neutral explanation. It seems that a Batson violation is always a fundamental error. As the Court explained, “the potential harm of a Batson violation is inescapable.” Thus, the ultimate result of the Court’s ruling could be that any Batson error is essentially unwaivable, so long as the record would support an argument that a juror was stricken because of his or her race. This case is important to both civil and criminal appellate lawyers, who should carefully consider whether a Batson argument – even one not made by trial counsel – should be advanced on appeal. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Criminal Sentencing | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/criminal-sentencing ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/criminal-sentencing) #Criminal Sentencing #####[Abbott v. State](https://http://www.in.gov/judiciary/opinions/pdf/02221203rdr.pdf) The Supreme Court, in a 3-2 decision, revised a criminal defendant’s sentence from 20 years to 12 years. The defendant, who represented himself on transfer, was convicted of possessing cocaine within 1,000 feet of a school following a traffic stop. Justice Rucker, writing for the majority, emphasized that possession of cocaine is generally a Class D felony and that the location of the stop was at the arresting officer’s request. Justice Rucker hinted that the defendant’s trial and appellate counsel should have argued that the defendant possessed the cocaine within 1,000 feet of a school at the request or suggestion of a police officer, which is a defense to the enhancement. Had this defense been successful, the defendant would have been convicted of a Class D felony, which has a maximum sentence of only 3 years. The majority recognized that the defendant’s character did not warrant modification, but concluded that the nature of the offense rendered a 12-year, as opposed to 20-year sentence, appropriate. The dissent (Justice David with Justice Dickson), concluded that the defendant’s lengthy criminal history justified the 20-year sentence. This case is unusual, in that a pro se defendant succeeded where his prior counsel had failed. The case should also lead criminal appellate attorneys to closely examine sentences based on enhancements. If the basis for the enhancement was suspect, a sentence close to the advisory may be more appropriate than a maximum sentence. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Online Privacy | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/online-privacy ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/online-privacy) #Online Privacy [In re Indiana Newspapers, Inc. d/b/a Indianapolis Star (Ind. Ct. App. Feb. 21, 2012)](https://www.in.gov/judiciary/opinions/pdf/02211202nhv.pdf) - Originally published February 21, 2012 The Court of Appeals addressed an important issue – a newspaper’s obligation to reveal the identity of one who has commented on an online news story where the commentator’s statements were arguably defamatory. The Court held that a newspaper may be compelled to reveal the person’s identity if the plaintiff can first make a prima facie case of every element of a defamation claim. Our Court attempted to strike a balance between the often-competing interests of preserving free speech and punishing defamatory statements. This case has potentially far-reaching impact and attracted two amicus briefs. This case seems to involve important constitutional issues on which the Supreme Court may wish to comment. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Notice Pleading | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/notice-pleading ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/notice-pleading) #Notice Pleading #####[ARC Construction Management, LLC v. Zelenak (Ind. Ct. App. Feb. 27, 2012)](https://http://www.in.gov/judiciary/opinions/pdf/02271202bbs.pdf) - Originally published February 17, 2012 This case demonstrates the difficulties Indiana’s notice pleading rule sometimes causes parties seeking summary judgment. In ARC Construction, the defendant construction company sought summary judgment on the plaintiff’s claims stemming from arguably defective construction work on the plaintiff’s home. The plaintiff’s complaint stated claims for fraud, breach of warranty, negligence, and deceptive sales. The construction company sought summary judgment. After the summary judgment hearing, the homeowners filed a brief asking the court to grant summary judgment on all issues except the loss of use and breach of implied warranty of habitability. Although the homeowner’s complaint did not explicitly make these claims, the Court concluded that the factual allegations were sufficient to put the construction company on notice. The Court also concluded that the homeowners had the standing to pursue these claims despite the fact that a bank had foreclosed the homeowners’ mortgage on the home. This case demonstrates that a party moving for summary judgment often has the burden of anticipating claims the plaintiff has not explicitly identified. This rule can lead to strategic conundrums. On the one hand, a defendant does not want to raise arguments a plaintiff would never have made. On the other, moving for summary judgment on only claims specifically made can lead to the situation in ARC Construction, where the plaintiff files a post-hearing brief essentially identifying new claims supported by already-pled facts. One way to help avoid this problem may be to issue discovery specifically asking a plaintiff what claims or theories are at issue, i.e., “are you making a claim for loss of use?” or “please identify all theories under which you seek relief.” These interrogatories may lead to a “discovery is just beginning” response, but could help narrow the issues for summary judgment. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)| # Interlocutory Appeals and Appellate Jurisdiction | Barrett McNagny LLP Source: https://www.barrettlaw.com/blog/appellate-law/interlocutory-appeals-and-appellate-jurisdiction ##[Blog](https:///blog) [Back to Appellate Law](https:///blog/appellate-law) [![](https:///Websites/Default/gfx/IconLinkedInRegistered.png)Share on LinkedIn](https://www.linkedin.com/shareArticle?mini=true&url=https://www.barrettlaw.com/blog/appellate-law/interlocutory-appeals-and-appellate-jurisdiction) #Interlocutory Appeals and Appellate Jurisdiction [In re Indiana Newspapers v. Miller (Ind. Ct. App. Jan 18, 2012)](https://www.in.gov/judiciary/opinions/pdf/01181301ewn.pdf) - Originally publish January 18, 2012 This published order on rehearing is the latest decision from the Court of Appeals regarding the Indianapolis Star’s attempt to appeal a discovery order issued by the Marion Superior Court. The order follows the [published order from December 7, 2012](https://www.in.gov/judiciary/opinions/pdf/12071206ewn.pdf), which dismissed the Star’s appeal. The Court’s opinion is particularly important to me on a personal level because the Court’s opinion cites a recently-published article I wrote, Appealing Orders Before a Case Ends: Dos, Don’ts and Modest Proposals, 56 Res Gestae, Dec. 2012. This article discusses the rules regarding interlocutory appeals, offers practice pointers for lawyers or parties contemplating an interlocutory appeal, and suggests some minor revisions to Indiana’s rules regarding interlocutory appeals. The Court’s opinion is also important because it thoroughly explains appellate jurisdiction over interlocutory orders and clarifies several of the finer points regarding appeals of such orders. Three of the Court’s conclusions are particularly important and interesting. 1. The Court explained that parties may not use petitions for rehearing to advance new arguments. A party may use a petition for rehearing to accomplish various purposes, including pointing out a perceived error in an opinion, asking the Court to reconsider a conclusion, or clarifying an argument already made. But a party may not raise issues or arguments in a petition for rehearing that the party did not raise in the initial brief or motion. 2. The Court then recognized that lack of appellate jurisdiction can be raised at any point, cannot be waived, and can be raised by the Court sua sponte. Because appellate courts have a duty to examine jurisdiction at any and all stages of the proceedings, the Court explained that the arguments regarding such as law of the case and waiver do not apply to the jurisdictional issue. 3. The Court then addressed the Star’s argument regarding the Indiana Constitution’s provision guaranteeing parties the right to an appeal. The Court explained that although the Constitution does guarantee a party the ability to appeal an order, the Constitution does not guarantee the right to appeal an order at any time; in other words, the legislature and the courts can establish rules for appeals. Although it can often be frustrating to wait for an appeal to be ripe, a contrary rule would result in a substantial delay at the trial courts, and would likely overload the Court of Appeals’ docket. In sum, this decision serves as an excellent resource on appellate jurisdiction over interlocutory appeals. Any lawyer considering appealing an interlocutory order would be well served by reviewing this decision. Tagged Attorneys [Michael H. Michmerhuizen](https:///our-people/michael-h-michmerhuizen)| [William A. Ramsey](https:///our-people/william-a-ramsey)| [Cathleen M. Shrader](https:///our-people/cathleen-m-shrader)|