David C. Barrett, Jr.
Top rated Business & Corporate attorney in Bismarck, North Dakota
Barrett Easterday Cunningham & Eselgroth LLP
Practice areas: Business & Corporate, Alternative Dispute Resolution, Business Litigation
Licensed in North Dakota since: 2018
Education: The University of Toledo College of Law
Selected to Super Lawyers: 2004 - 2006, 2017 - 2025 Barrett Easterday Cunningham & Eselgroth LLP
1255 W Coulee RdBismarck, ND 58501 Phone: 614-210-1840 Email: David C. Barrett, Jr. Visit website
Details 
David Barrett, one of the founding partners of Barrett, Easterday, Cunningham & Eselgroth LLP, grew up on his family's livestock and grain farm in Washington County, Ohio. His early involvement in farming, along with his participation in 4-H and FFA activities, forged his commitment to agriculture that has carried over into the practice of law. In addition to David's private practice experience of working with agricultural producers and agribusinesses, he served for over 10 years as in-house legal counsel and national secretary for the National Grain and Feed Association (NGFA) in Washington, DC. While he advised the NGFA on a broad range of legal, legislative and regulatory issues, David also had oversight of the NGFA Trade Rules and administered the industry's arbitration system. During that time he also successfully completed the London (England)-based Grain and Feed Trade Association's Gafta Trade Foundation Course on international grain contracts and arbitration at Churchill College, Cambridge, United Kingdom. David is a frequent speaker on agricultural contract and business legal issues at industry meetings throughout the U.S.
First Admitted: 1981, Ohio
Professional Webpage: https://ohiocounsel.com/about
Bar / Professional Activity
- State Bar Association of North Dakota Bar (2018 to present), 2025
- Appointed in 2024 and reappointed in 2025 to the Joint Committee on Attorney Standards by the Board of Governors of the State Bar Association of North Dakota.The Joint Committee on Attorney Standards, established by Supreme Court rule, is comprised of members appointed by the Chief Justice and the Board of Governors of the State Bar Association. The Committee is responsible for the study and review of all rules and proposals concerning attorney supervision, including admission to the bar, attorney discipline, rules of professional conduct, and law student practice., 2025
- Ohio State Bar Association, 1981 - present (July 1, 2005 - June 30, 2008, Chair, Agricultural Law Committee; 2017 - present, OSBA Council of Delegates), 2025
- Big Muddy Bar Association (Bismarck, North Dakota), 2020 - present, 2025
- American Agricultural Law Association, Marketing Committee (2020 to 2021; 2023 to 2025); American Agricultural Law Association, Member (1982 - present), 2025
Verdicts / Settlements (Case Results)
- The DeLong Co., Inc. v. Beechwood AgriServices Inc., National Grain and Feed Association Arbitration Decision, Case No. 2963; client awarded damages of $337,500., 2025
- Westfield Specialty Grains LLC v. Northwest Grains International LLC, National Grain and Feed Association Arbitration Case No. 3146; client awarded $292,078.12, plus interest at the rate of 8.50 percent per annum., 2024
- Dzurka Bros., LLC v. Luckey Farmers, Inc., United States District Court, E.D. Michigan, Northern Division (January 24, 2024) 2024 WL 268140 (represented Luckey Farmers, Inc. in successful motion to dismiss complaint with prejudice), 2024
- Vreba-Hoff Operations v. Van Zelst, 475 F.Supp.3d 757, U.S. District Court, N.D. Ohio, Western Division (July 28, 2020) (represented defendant and obtained dismissal of case on grounds of collusive attempt to obtain diversity jurisdiction), 2020
- Sage v. City of Chardon, Case No. 18M240, Court of Common Pleas of Geuga County, Ohio (motion for summary judgment for client granting detachment petition to remove 120.32 acres of farmland from City of Chardon and return to adjoining township per Ohio Rev. Code Sections 709.41 and 709.42.), 2019
- Sunrise Cooperative v. USDA, 2018 U.S. App. LEXIS 14721 (6th Cir. June 4, 2018) -- unanimous opinion finding that USDA's Risk Management Agency erred in disqualifying Sunrise Cooperative from paying crop insurance related patronage to its farmer-owners. , 2018
- Consolidated Grain and Barge Co. v. ME Bio Energy LLC, Case No.3:15-mc-00002, U.S. District Court for Southern District of Indiana (2015)(confirmation of arbitration award); Dodge City Cooperative Exchange d/b/a Pride Ag Resources v. Bee Agriculture Co., et al., National Grain and Feed Association Arbitration Case No. 2580 (2014)(included arbitration appeal); Citizens LLC v. Huhn Farms, et al., National Grain and Feed Association Arbitration Case No. 2609 (2014)(arbitration award of $621,354.07 plus interest); Farmers Crop Ins. Alliance v. Laux, 442 F. Supp. 2d 488 (S.D. Ohio 2006); Farmers Crop Ins. Alliance v. Laux, 422 F. Supp. 2d 898 (S.D. Ohio 2006); In re Wakehill Farms, 123 B.R. 774 (Bankr. N.D. Ohio 1990); In re Miller, 106 B.R. 136 (Bankr. N.D. Ohio 1989); In re Miller, 98 B.R. 311 (Bankr. N.D. Ohio 1989); Consolidated Grain and Barge Co. vs. Paul Regan, Maury Regan and Mike Regan(d.b.a Regan Farms) National Grain and Feed Association Arbitration Case No.2352 (2009); Consolidated Grain and Barge Co.vs. Christopher Huff, National Grain and Feed Association Arbitration Case No. 2373 (2009); Western Milling LLC vs. Phoenix Bio Industries LLC, National Grain and Feed Association Arbitration Case Nos. 2189 and 2202 (2009) (arbitration awards of $6,889,338.59)
Transactions
- Merger by Acquisition of Dahlen Farmers Elevator & Oil Company by The Farmers Elevator Company of Honeyford North Dakota, 2021
- Merger of Agland Co-op and Heritage Cooperative Inc., 2017
- Merger of Mid-Wood Inc. and Bascom Elevator and Supply Association, 2014
- Merger of Sunrise Cooperative Inc. and Trupointe Cooperative Inc., 2016
- Merger of Town & Country Co-op Inc. and Western Reserve Farm Cooperative Inc., 2017
- Merger of Agland Co-op Inc. and Green Valley Co-op Inc., 2014
Special Licenses / Certifications
- U.S. Surface Transportation Board, Roster of Arbitrators for Resolution of Rail Rate and Practice Complaints (original appointment in 2017; reappointed Feb. 2025), 2025
- Bar Admissions: Ohio, 1981; District of Columbia, 1990; North Dakota, 2018; U.S. District Court Northern District of Ohio, 1982; U.S. District Court Southern District of Ohio, 1988; U.S. District Court Northern District of Indiana, 2000; U.S. District Court Southern District of Indiana, 2013; U.S. District Court Central District of Illinois, 2004; U.S. District Court Western District of Michigan, 2007; U.S. District Court District of Nebraska, 2009; U.S. District Court Western District of Tennessee, 2011; U.S. District Court for District of North Dakota, 2015; U.S. Court of Appeals 5th Circuit, 2015; U.S. Court of Appeals 6th Circuit, 1984; U.S. Court of Appeals 8th Circuit; U.S. Tax Court, 1983; U.S. Supreme Court, 1987.
Pro bono / Community Service
- National Council of Farmer Cooperatives (Legal, Tax & Accounting Committee, 2015 to present); President (2012-2013), Ohio Agricultural Council; Board of Directors, Ohio AgriBusiness Association (2011-2016); General Counsel, Ohio AgriBusiness Association (2017-present)
Educational Background
Scholarly Lectures / Writings
- Instructor of Agricultural Law, Spring Semester 2024 and Spring Semester 2025, University of North Dakota School of Law, Instructor of Agricultural Law, University of North Dakota School of Law, Agricultural Law Students, 2025
- Addressed current grain industry policy issues and legal issues for grain handlers., Speaker, Current Agricultural Policy and Contracting Issues, North Dakota Grain Dealers Association Annual Convention, Grain Industry, 2024
- Presentation on negotiating strategies and dispute resolution to emerging leaders in grain industry at management trainee course., Presenter, Negotiations & Conflict Resolution, Northern Crops Institute Grain Industry Emerging Leader Program, Fargo, North Dakota, Emerging Leaders In Grain Industry (North Dakota, South Dakota And Minnesota), 2023
- Presentation on current grain contracting issues at industry webinar, Presenter, Texas Grain & Feed Association Webinar (August 18, 2021), Grain Merchandisers, 2021
- Addressed attendees via virtual session on Force Majeure and Grain Contract Issues During COVID-19, Presenter, Michigan Agri-Business Association Winter Conference (January 11, 2021), Agribusiness, 2021
- Addressed topics at two sessions: 1) Grain Session on Contracts, Performance, Protecting Your Business and Security; 2) Fertilizer Session on Crop Input Contracts, Presenter, Michigan Agri-Business Association Winter Conference (January 13, 2020), Agribusiness, 2020
- Addressed attendees on Board of Directors Roles, Responsibilities & Liabilities., Speaker, North Dakota Grain Dealers Association Annual Convention (January 2019), Agribusiness, 2019
- Presenter at Grain Session on Contracting and Contract Issues, 86th Annual Michigan Agri-Business Association Winter Conference & Trade Show, January 2019, Presenter, Michigan Agri-Business Association Winter Conference & Trade Show (January 2019), Agribusiness, 2019
- Published Works: Arbitrating Agricultural Disputes: The National Grain and Feed Association's Experience, 68 North Dakota Law Review 539 (1992); Hedge-to-Arrive Contracts, 2 Drake Journal of Agricultural Law 153 (1997); Agricultural Law Update, Ohio CLE Institute, 2001; Agricultural Law Update, Ohio CLE Institute, 2002., Faculty/Presenter-Panelist, National Grain and Feed Association Trading, Trade Rules and Arbitration Seminar, Agriculture, 2019
- 2019 Michigan Dry Bean Outlook Conference (December 5, 2018), Bay City, Michigan, Presenter, Contracts: Structure, Issues & Performance for 2019 Michigan Dry Bean Outlook Conference, Agribusiness, 2018
- Presenter at Grain Session on Contracting and Contract Issues, 85th Annual Michigan Agri-Business Association Winter Conference & Trade Show, January 8, 2018, Presenter, Contracting and Contract Issues, Agribusiness, 2018
- Review of best practices and recommendations to manage regulatory, civil liability and counterparty risks faced by feed industry firms., Presenter, Feeding a Litigious World at American Feed Industry Association's Liquid Feed Symposium, Feed Industry, 2018
- One Step Ahead: Understanding Legal Requirements for the Grain Industry (Feb. 1, 2017), Presenter, OABA Industry Conference, Columbus, Ohio, Ohio AgriBusiness Association, 2017
- Presenter on Arbitrating Agricultural Disputes at 38th Annual Agricultural Law Symposium, Louisville, Kentucky (October 27, 2017), Presenter, Arbitrating Agricultural Disputes, American Agricultural Law Association, 2017
- Food Safety, Grain Contracts and Contract Issues (January 9, 2017), Presenter, 84th Annual Winter Conference and Trade Show, Lansing, Michigan, Michigan Agr-Business Association, 2017
- Legal Principles for Contracting and Trading, NGFA Trading, Trade Rules and Arbitration Seminar, Kansas City, Missouri (May 2, 2017), Faculty/Presenter, National Grain And Feed Association (May 2017), National Grain And Feed Association, 2017
- Contracts: Structure, Issues and Performance, 2018 Michigan Dry Bean Outlook Conference, Bay City, Michigan (Dec. 6, 2017), Speaker, Michigan Dry Bean Outlook Conference, 2017
- Presenter at National Grain and Feed Association Country Elevator Conference on Electronic Communications, Trading and Contracting (Dec. 4, 2017), Louisville, Kentucky, Presenter, National Grain and Feed Association Country Elevator Conference, National Grain And Feed Association, 2017
- Presenter at 2016 Grain Merchandiser Course, Waldo, Ohio (March 17, 2016), Legal Requirements in Today’s Grain Industry, Ohio AgriBusiness Association, 2016
- Presenter at 83rd Annual Winter Conference and Trade Show, Lansing, Michigan (January 11, 2016), Contracts & Risk Managment, Michigan Agr-Business Association, 2016
- NGFA Trading, Trade Rules and Arbitration Seminar, St. Louis, Missouri (May 5, 2015), Faculty, Legal Principles for Contracting and Trading, National Grain And Feed Association, 2015
- Presenter at Contracts and Contracting Session, 2015 Winter Conference, Lansing, Michigan (January 13, 2015) , Contract Design, Michigan Agr-Business Association, 2015
- Legal Panel, NGFA Trade Rules and Arbitration Seminar, Kansas City, Missouri (May 8, 2013), Faculty, NGFA Trade Rules and Arbitration Seminar, Kansas City, Missouri (May 8, 2013), National Grain And Feed Association, 2013
Other Outstanding Achievements
- Named one of Central Ohio's Top Lawyers in the April 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023 Editions of "Columbus CEO" magazine; Highlighted in Columbus Business First People to Know (Nov. 2014) -- http://www.bizjournals.com/columbus/print-edition/2014/11/21/people-to-know-david-barrett-jr.html, 2020
- London (England)-based Grain and Feed Trade Association's Gafta Trade Foundation Course on international grain contracts and arbitration at Churchill College, Cambridge, United Kingdom (1996).
Honors
- David Barrett, managing partner at Barrett, Easterday, Cunningham & Eselgroth LLP in Bismarck, North Dakota, was this year’s winner of the Excellence in Agricultural Law award for private practitioners. The award goes to a lawyer who has demonstrated skill and experience in the practice of law that well exceeds the work of other lawyers. In addition to knowledge and experience of agricultural law, award recipients are expected to be well recognized by their peers as exceptional advocates. Barrett is a longstanding member of AALA. He has a deep practice in agricultural law and is an “ag lawyer’s ag lawyer.” He grew up on a farm in Ohio, learning about agriculture from the ground up. He was active in 4-H and FFA during his youth. He served as counsel to the National Grain and Feed Association in Washington, D.C., for more than 10 years. He is a national expert in grain and feed contracts and is a regular speaker on topics related to ag law. , Excellence in Agricultural Law Award for Private Practitioners, American Agricultural Law Association, 2023
- Young Professional Achievement Award, The Ohio State University College of Agriculture Alumni Association, 1985; Awards Chair, American Agricultural Law Association, 1998; AV Peer Review Rating from Martindale-Hubbell; 2008 Fellows Class, Ohio State Bar Foundation
Industry Groups
- Agribusiness
- Agricultural
- Arbitration
- Commercial Transactions
Office location for David C. Barrett, Jr.
1255 W Coulee Rd
Bismarck, ND 58501
Selections
12 Years Super Lawyers
- Super Lawyers: 2004 - 2006, 2017 - 2025