David M. Barnes

3600 Glenwood Avenue

Raleigh, NC  27612

Direct: 919.783.2812

Fax: 919.783.1075

dmbarnes@poynerspruill.com

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Areas of Practice

Legislative Representation, Government Relations, Commercial Litigation, including Construction, Real Property Development and Contract Matters

Education

J.D., Wake Forest University, 1985

B.A. (Politics), Cum Laude, Wake Forest University, 1982

Profile

David is an experienced contract lobbyist practicing before the North Carolina General Assembly on multiple issues, including health care, tax and business and corporate affairs. David’s lobbying practice is enhanced by almost two decades of experience with Poyner & Spruill advocating for businesses in the areas of commercial construction, real property development, commercial landlord/tenant and financial transactions.

David is an experienced trial attorney and has been involved in litigation in state and federal courts, as well as before numerous arbitration panels. In addition, David is a certified Superior Court mediator and has served as a mediator and advocate for clients in mediations for almost ten years.

David brings a business-like approach to lobbying and litigation with a focus on the solution to the problem, and a big picture perspective.

Representative Health Care Related Legislative Clients

  • North Carolina Obstetrical and Gynecological Society
  • North Carolina Association for Non-Profit Homes for the Aging
  • Carolinas Center for Hospice and End of Life Care
  • Medco Health Solutions, Inc.

Representative Tax and Business Related Legislative Clients

  • UST, Inc.
  • Goodyear Tire and Rubber Company
  • North Carolina Association of Textile Services

Recent Cases of Note

Obtained a $5.5 million settlement in 2003 against the North Carolina Department of Transportation while representing a national bridge building company

John Brent Frost and Carolyn Frost and Persons Similarly Situated v. Mazda Motor Of America, Inc., 353 N.C. 188, 540 S.E.2d 324 (2000)

  • Helped a national finance company resolve a state court class action lawsuit that alleged unfair and deceptive trade practices.
Defended developers of a historic rehabilitation construction project in a week long arbitration from claims of a disgruntled partner who alleged mismanagement and financial irregularities

Hartford Fire Insurance Company v. T. A. Loving Company, Incorporated v. ECF, Incorporated, D/B/A Underwood-Dawson (U.S. App., 1996)

  • Involving dispute over commercial insurance coverage
W. David Liner, et al. v. Gary Dicresce, et al., 905 F. Supp. 280 (MDNC, 1994)
  • Involving claims against an estate for alleged securities violations of the decedent
Bolton Corporation v. T.A. Loving Company, William E. Bolton, III v. T.A. Loving Company, and Bolton Corporation, 94 N.C. App. 392, 380 S.E.2d 796 (1989)
  • A precedent setting case involving liability of multiple prime contractors on a state university construction project
Raynor Steel Erection v. York Construction Company and The Atlantic States Bankcard Properties Corporation, 83 N.C. App. 654, 351 S.E.2d 136 (1986)
  • Represented a steel erector accused of negligent construction in a building collapse

Professional and Community Activities

North Carolina Professional Lobbyists Association

Wake County Bar Association

  • Board of Directors, 1998-1999

North Carolina Bar Association

  • Construction Law Section

Registered North Carolina Lobbyist

Certified Superior Court Mediator

District Court Arbitrator

Board of Directors, Kids Voting of Wake County, 1998-2000

Notable Accomplishments

United Way of Wake County’s Leaders for Tomorrow, 1993

Greater Raleigh Chamber of Commerce Leadership Raleigh

Jurisdictions Licensed

North Carolina

4th Circuit Court of Appeals