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Daryl L. Diesing
Attorney
555 East Wells Street
Suite 1900
Milwaukee, WI 53202-3819
Phone: (414) 978-5523
Fax: (414) 223-5000


Commercial Finance
Daryl Diesing is a shareholder and former management committee member in the Milwaukee office of Whyte Hirschboeck Dudek. In his corporate practice, he advises clients on a wide variety of matters, often acting as "outside general counsel". He is the former chair of the firm's Real Estate and Commercial Law team and its Technology Committee. Daryl brings the finance and workout sides of lending together due to his deep roots in structuring and originating loans and his bankruptcy and insolvency experience.

While starting his career in lending and corporate finance, Daryl has expanded into commercial transactions including business sales and acquisitions, commercial contracts, information technology arrangements and litigation strategy. He remains active in the finance area, representing many lenders, financial institutions and businesses seeking and obtaining financing.

Education

  • Boston College Law School, J.D., cum laude, 1979
  • Michigan State University, B.A., magna cum laude, 1976

Admissions

  • State Bar of Wisconsin
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Western District of Michigan

Awards & Distinctions

  • Selected for inclusion in The Best Lawyers in America® in Banking and Finance Law and Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law (2005-2014), Litigation—Bankruptcy (2012-2014)
  • Named to the Wisconsin Super Lawyers list (2005-2013)
  • Recipient of the 2006 "Leader in the Law" award by the Wisconsin Law Journal
  • Rated AV® Preeminent™ by Martindale-Hubbell®

Representative Work

  • Been frequently asked by lenders to brainstorm financing structures for potential loans and other secured transactions; represented numerous lenders, especially asset based lenders, with the structuring and closing of financings and credit arrangements.
  • Counseled and represented clients seeking financing at various risk levels including angel, venture, mezzanine, asset based, high yield (junk bond) and unsecured.
  • Assisted clients buying and selling debt and loan obligations.
  • Drafted and negotiated many levels of intercreditor arrangements and subordination agreements including revision of intercreditor form used by national lender in complex transactions.
  • Represented lenders and borrowers in debtor in possession loans, loans to receivers and transitions of loans from receivers to debtors in possession.
  • Advised and litigated on matters involving standby and commercial letters of credit, delivery terms, International Chamber of Commerce terms and rights to hold goods in transit and in foreign jurisdictions.
  • Represented the equipment finance unit of a national lender providing floor plan and dealer financing, often integrating documents with other divisions of lender and competing lenders.
  • Represented private equity and strategic buyers of businesses in competitive and distressed sale conditions including bankruptcy, receivership and Uniform Commercial Code sales.
  • Frequently managed strategy and advised debtors and creditors in litigation and disputed matters, including cases involving fraudulent conveyances, lender liability, conflicting lien priorities and defense of "loan to own schemes".
  • Advised lenders and other clients in connection with the Perishable Agricultural Commodities Act ("PACA"), the Packers and Stockyards Act and the effect of bankruptcy under both laws; litigated lien disputes under PACA.
  • Managed the liquidation of a multistate portfolio of commercial loans for a national lender existing the market.
  • Frequently represent lenders on strategy and collection of middle market loans and credit arrangements.
  • Taught classes for lenders on plant closing laws and Wisconsin's unique wage liens.

Professional Associations

  • Association for Corporate Growth (Member and Membership Committee)
  • American Bankruptcy Institute
  • American Bar Association (Member, Business Law and Science and Technology Law Sections)
  • Eastern District of Wisconsin Bar Association
  • State Bar of Wisconsin (Member, Business, Bankruptcy and Agribusiness Sections)
  • Milwaukee Bar Association (Member, Bankruptcy Section; former Section Chair)
  • Turnaround Management Association

Community Involvement

  • Nehemiah Project, Inc. (group boys homes and civil rights education)—current member of Board of Directors and member of Seeds of Growth Advisory Committee (self-directed manufacturing business for boys in group boys homes)
  • Lutheran Social Services Foundation, Inc.—current Vice Chair of Board of Directors (supports $65+ million charity devoted to supporting disabled, elderly, underprivileged and disadvantaged individuals as well as providing domestic and international adoption assistance)
  • Next Door Foundation, Inc. (central city charity devoted to helping children succeed)—former President of the Board (1999-2004) and volunteer since 1985. Negotiated and led early childhood education project with the Buffett Family Foundations to establish an “Educare Center” for the development of a national curriculum for children from birth to age 5.

Articles and Presentations

  • International Swap Derivative Agreements, client presentation (December 2011)
  • Buying and Selling Companies in Bankruptcy: Views from the Bench, Bar and the Financial Advisory Community, Eastern District of Wisconsin Bar Association (EDWBA) Eighth Annual Meeting (April 29, 2010)
  • Avoidance of Liens and Claims, Turnaround Management Association Program (October 2009)
  • Strategic Alternatives for Distressed Businesses (Wisconsin Chapter), Fall 2008 by West Services, Inc.
  • Moderator, Turnaround Management Association’s “Here Comes the Judge!” (November 2007)
  • The ABC’s “In Illinois” of Section 128 Receiverships “In Wisconsin”, Turnaround Management Association Program (April 2007)
  • Professional Retention and Compensation Issues in Business & Consumer Bankruptcy Cases, American Bankruptcy Institute Central States Conference (June 2004)
  • Wisconsin’s Revised Wage Lien Law, Client Training Seminar (March 2004)
  • Selected Bankruptcy Issues for the IT Lawyer, Training Seminar (March 2003)
  • Technical Assistance Agreements Under the International Traffic in Arms Regulations, Client Training Seminar (March 2003)
  • Court Decision Emphasizes Danger to Vendor in Strict Limitation of Remedies in Software Agreements, International Computer Negotiations Newsletter, Tools & Tactics (Volume 9, Issue 6, 2002; Co-authored by Attorneys Jeffrey P. Aiken and Daryl L. Diesing)
  • Sales of Assets in Chapter 11, American Bankruptcy Institute Central States Conference (June 2001)