David J. Jencks, Esq.

David J. Jencks represents banks, factors, asset based lenders and finance companies in commercial transactions and commercial litigation in state and federal courts nationwide with a particular focus on factoring and asset based finance.

David has tried lawsuits for claims of fraud, breach of contract, tortious interference, payment over statutory notice, detrimental reliance, conversion and conspiracy related to factoring based transactions.   David also documents and negotiates factoring transactions with a particular emphasis in the transportation industry.

David is a member of the Transportation Lawyers Association, International Factoring Association and Delta Nu Alpha, the professional fraternity of transportation professionals.  David has over 20 years’ experience blending the law of transportation and commercial finance for client success.

David acts as transportation counsel to the International Factoring Association and has spoken at more than 20 factoring training classes and industry meetings.

Representative transactional and legal experience:

  • Represents over 50 Factors in on going transactional, documentation and operational matters
  • Successfully defended Factor against claims of fraud and conspiracy
  • Obtained summary judgment for Factor against multiple guarantors in a million dollar recovery
  • Obtained a verdict and recovery of $600,000 for factoring client against account debtor and client for payment over assignment and breach of contract
  • Obtained multiple verdict for Plaintiff factors recovering from account debtors and clients for breach of contract
  • Litigated over 200 suits of factoring litigation as plaintiff and defendant’s counsel