Commercial Finance

Jencks Law, P.C. has been engaged in the factoring and commercial finance industry for over 20 years. The firm represents a number of factors, local and regional banks, asset-based lenders, equipment financing companies and other finance lenders on a local, regional and national level.

Without the proper legal foundation, factoring companies face serious financial risks. To mitigate these risks, it is critical for companies to secure informed legal counsel regarding the structuring of the factoring transaction and legal protections needed in factoring documentation. David Jencks has substantial experience with handling complex financial matters including negotiating, providing documentation and legal guidance with all stages of litigation involving a factoring company’s relationship with its clients and account debtors.

The firm assists factors when dealing with the various aspects of commercial finance transactions, from drafting factoring agreements and related documents for the inception of the factoring relationship to providing key counsel when the factoring relationship should go into workout or bankruptcy. We work closely with our clients to structure, negotiate, and document flexible factoring arrangements that meet the needs of the specific transaction and protect the factor.

Jencks Law, P.C. represents and routinely counsels over 50 commercial finance companies on a range of issues including:

• Contracts and documentation
• Consulting
• Operational best practices
• Due diligence
• Large and advanced collections
• Bankruptcy issues (client and debtor)
• DIP financing
• Preference claims
• Mergers and acquisitions
• Litigation
• Risk management
• Lien priority issues
• Participations
• Intercreditor negotiations
• Fraudulent conveyance issues

The firm’s specialty and large segment of practice is representing transportation factors nationwide. David Jencks is pleased to represent and work with over 30 transportation factors on such issues as contract documentation, collections, litigation, office operations and best practices, fraud prevention and mitigation, and advising in transportation issues and law that affect the factor.

The services provided to transportation factors extends beyond the law. We provide in-house consultations on all aspects of office operations, the paper of transportation, industry trends, collection assistance, credit and field examination support and marketing consultation. The firm continues to work with a network of local counsel across the country chairing or co-chairing transportation factoring litigation.

David Jencks is pleased to serve as one of the few preferred attorneys and a presenter to the International Factoring Association with regards to articles, seminars and training classes in the area of transportation factoring and working with small and entrepreneurial factors. Some of the topics presented include:

• Revenue Enhancing Measures
• Comprehensive Auditing and Processing of Transportation Paper
• Effective and Targeted Marketing
• Problem Loads and Mitigation
• Transportation Fraud Schemes and Protective Measures
• Credit Information – Where to get it and what to do with it
• Factoring Transportation Brokers and Other Intermediaries
• What FMCSA and DOT Compliance Means to you
• Customizing the Transportation Factoring Contract
• Effective Collection Techniques
• Transportation Law and Industry Updates
• Additional Products You Can Offer

Jencks Law, P.C. also provides services to banks in agricultural and commercial foreclosures and large collection actions. We provide support in loan documentation, title clearing and asset securitization.

We are pleased to offer our services, experience, expertise and assistance to you. We work with our clients’ needs in order to provide solutions in a timely and cost-effective manner. Please feel free to contact us to discuss our services further and for the services you desire.