David C. Barrett, Jr.

David C. Barrett, Jr.

Attorney Profile

Top Rated Business & Corporate Attorney in Dublin, OH

Barrett Easterday Cunningham & Eselgroth LLP
 | 7259 Sawmill Road, Suite 100, Dublin, OH 43016
Phone: 614-210-1840
Fax: 614-210-1841
Selected To Super Lawyers: 2004 - 2006, 2017 - 2021
Licensed Since: 1981
Practice Areas:
  • Business/Corporate (40%),
  • Alternative Dispute Resolution (40%),
  • Business Litigation (20%)
    Attorney Profile
    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. 

    About David Barrett, Jr.

    Admitted: 1981, Ohio

    Professional Webpage: http://ohiocounsel.com/david-c-barrett-jr-partner/

    Honors/Awards:

    • 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

    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. 2021), 2021
    • 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.

    Bar/Professional Activity:

    • State Bar Association of North Dakota Bar (2018 to present), 2021
    • Ohio State Bar Association, 1981 - present (July 1, 2005 - June 30, 2008, Chair, Agricultural Law Committee; 2017 - present, OSBA Council of Delegates), 2021
    • Big Muddy Bar Association (Bismarck, North Dakota), 2020 - present, 2021
    • American Agricultural Law Association, Marketing Committee (2020 and 2021); American Agricultural Law Association, Member (1982 - present), 2021

    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)

    Scholarly Lectures/Writings:

    • 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

    Verdicts/Settlements:

    • 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

    Other Outstanding Achievements:

    • Named one of Central Ohio's Top Lawyers in the April 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 and 2020 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).

    Educational Background:

    • University of Toledo College of Law, Toledo, Ohio, June, 1981, J.D., Honors: Cum Laude, Six American Jurisprudence Awards, Moot Court Board;Ohio State University, Columbus, Ohio, June, 1978, B.S., Major:  Agriculture (With Honors in Ag. Econ.)

    Industry Groups

    • Agribusiness
    • Agricultural
    • Arbitration
    • Commercial Transactions
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    Office Location for David C. Barrett, Jr.

    7259 Sawmill Road, Suite 100
    Dublin, OH 43016

    David C. Barrett, Jr.:

    Last Updated: 7/2/2020

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