Brenda E. Barrett

Ms. Barrett provides legal solutions and business guidance to entrepreneurs, corporate decision-makers, and individuals from a broad range of industries about critical business law and regulatory issues. Her diverse group of clients frequently turns to her for assistance with start-up and organizational matters, design and negotiation of business acquisitions and dispositions, private securities offerings, corporate governance, corporate finance, and other transactional matters. In addition, Ms. Barrett represents credit unions and credit union service organizations on general transaction and regulatory matters, including reviewing and negotiating vendor agreements, regulator examinations, mergers, and compliance with state and federal laws.

Admitted to Practice

• Texas (1999)
• New Mexico (1999, Inactive)

Business Transactions

Regularly counsels and advises emergent and established businesses in various industries and individuals in matters including:

• Acquisitions, representing both the buyer and seller (including drafting and negotiating letters of intent and purchase agreements, administering due diligence process, negotiating and drafting executive employment and consulting agreements, and managing work streams necessary to the transaction);
• Negotiating and drafting agreements governing the allocation of resources, distribution of profits, and ownership of assets in joint venture arrangements;
• Organizational issues for start-up businesses, including choice of entity, liability protection, risk management, and agreements providing for the division of profits among owners;
• Negotiating and drafting commercial agreements

Energy Transactions

Regularly counsels public and privately owned electric utility clients and renewable energy developers in matters including:

• General corporate matters relating to business organizations and governance issues under Texas law
• Corporate finance matters involving the establishment and renewal of credit facilities, the issuance of equity and debt
• Development, acquisition, and operation of wind and solar projects in the State of Texas, including facilitating due diligence investigations
• Drafting and delivering third party legal opinion letters

Credit Unions

Regularly counsels and advises credit unions on general transactional and regulatory matters, including:

• Negotiation and drafting of third-party vendor agreements
• Examinations and compliance matters before the Texas Credit Union Department and National Credit Union Administration
• Regulatory compliance related to the offering and advertising of financial products and services
• Field of Membership expansion
• Member-related account and lending issues and member complaints
• Negotiation and documentation of mergers, including obtaining regulatory approval
• Design and structuring of credit union service organizations
• Governance matters

Presentations

• “Business Entity Primer; Panel Presentation on Common Contractual Matters in Vendor Agreements,” Instructor, Southwest CUNA Management School (July 2019)
• “Managing Risks and Costs through Contract Management and Negotiation,” Presenter, BIG Austin (January 2012)
• “Forming Strategic Alliances — The Good, the Bad, and the Ugly,” Presenter, American Institution of Architects, Austin Chapter, Annual Summer Conference (August 2011)
• “Compliance Regulation Do’s and Don’ts for New Marketing Tool,” Presenter, Texas Credit Union League, Marketing Conference (September 2011)
• “Governance Gone Wild”— How to Avoid Common Governance Mishaps,” Presenter, Texas Credit Union, League Leadership Conference (September 2011)
• “Cloud Computing and SaaS Agreements: How can counsel make certain that every “cloud” really does have a silver lining?” Presenter, National Association of Minority & Women Owned Law Firms, Annual Meeting (September 2011)
• “Managing Risks and Costs Through Contract Management and Negotiation,” Presenter, Austin RISE Week (2011)
• “Nuts and Bolts of Credit Union Service Organizations,” Presenter, Texas Credit Union League, Compliance, Audit & Human Resources Conference and Volunteers’ Forum (2010)
• “Compliance Issues in Evaluating, Negotiating, and Monitoring Your Third Pan)) Vendor Relationships,” Presenter, Texas Credit Union League, Compliance, Audit & Human Resources Conference (2010)
• “The Fine Line of Compliance: Marketing Outside the Box but Within the Law,” Presenter, Texas Credit Union League: Compliance and Marketing Conferences (2007)
• “Don’t Let that Commercial Ship Sail Without You: Regulatory Compliance Issues in Commercial Lending for Credit Unions,” Presenter, Texas Credit Union League Compliance Conference (October 2006)
• “Do you know when it’s time to call in the law?” Austin Business Journal, Best of Business Law 2004 Edition (June 25 — July 1, 2004)
• “Tiptoeing in Your New Sox, Professional Conduct Rules and Client Audit Letter Responses under the Sarbanes Oxley Act of 2002,” Presentation was given to attorneys of Clark, Thomas and Winters (June 8, 2004)
• “Overview of Sarbanes Oxley Act and its Impact on Safety Professionals,” Presentation was given to the Austin Chapter of the American Society of Safety Engineers (February 16, 2004)

American Bar Association Business Law Section

• Member of Council
• Content Board Member
• Business Law Now Board Member

Credit Union Committee of the American Bar Association Business Law Section

• Chair (September 2015 — Present)
• Vice-Chair (September 2012 — 2015)
• Vice Chair of Governance Subcommittee (September 2010 — August 2012)

Association of Women in Energy

• Board of Directors (2021 – Present)

Austin Bar Association

• Treasurer, Business, Corporation, and Tax Law Section (September 2003 — September 2004)

Round Rock Chamber of Commerce

• Leadership Round Rock (Class of 2013 — 2014)
• Business Advocacy Council (2012)

Austin Child Guidance Center

• Member, Board of Directors (2006 — 2011)
• President (2009)
• Vice President (2008)
• Treasurer (2007)

Extend-A-Care for Kids

• Member, Board of Directors (2005 — 2008)

Capital Area AIDS Legal Project

• Member, Advisory Board (2005 — 2007)

Central Texas Advisory Council

• Texas C-Bar (2004 — 2005)
• Volunteer (2001 — 2006)

PeopleFund (formerly Austin Community Development Corporation)

• Volunteer (2002 — 2005)

Big Brothers Big Sisters of Central Texas (2001 — 2005)

Volunteer Legal Services Clinic

• Volunteer (January 2002 — present);
• Volunteer, Volunteer Legal Services Pro Bono Divorce Project (2001)

Texas Women’s Chamber of Commerce

• Member (2003 — 2005)

Young Women’s Alliance Foundation

• President, Board of Directors (2002)

CASA of El Paso, El Paso, TX

• President, Board of Directors (2000)
• Director (1999)

• Southwest Super Lawyers Rising Stars^®, Business & Corporate, Mergers & Acquisitions, Securities & Corporate Finance (2005, 2008, 2009)