Practice Areas

Jencks & Jencks, P.C. provides transactional and litigation services for businesses and individuals in the following specific areas. While our abilities are expansive, our service to clients remains personal, attentive, timely, accessible and cost-effective.

Commercial Finance

The firm represents a number of local and regional banks, asset based lenders on a local, regional and national level, and represents and routinely counsels over 40 factors on range of issues from documentation, operational best practices, collections, marketing campaigns and litigation. Our firm provides services to banks in residential, agricultural and commercial foreclosures and collection actions. We also provide support in loan documentation, title clearing and asset securitization.

We provide our services to equipment leasing companies and asset based lenders structuring lines of credit, leases, term loan and second lien financing in the transportation and manufacturing sectors.

Our firm’s specialty and large segment of practice is representing transportation factors nationwide. Jencks & Jencks, P.C. 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. Our firm also provides field examination services using our in house accountant, consultants and attorneys’ extensive knowledge and experience in the transportation industry.

Our firm is pleased to serve as a presenter and representative to the International Factoring Association with regard to articles, seminars and training classes in the area of transportation factoring.

Our firm services to transportation factors extend 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. We work with a network of local counsel across the country chairing or co-chairing transportation factoring litigation as well.

We are pleased to offer our services, experience, expertise and assistance to you. Please feel free to contact us to discuss our services further and for the services you desire.

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Transportation

Our firm provides representation to federally licensed brokers, freight forwarders and motor carriers in all aspects of transportation. We are an industry leader in the preparation of intermediary contracts for brokers and freight forwarders. We also lead or co-chair litigation nationwide with regard to transportation issues such as Contract Litigation, Liability for Freight Destroyed or Damaged in Transit, Recover of Freight and Tariff Charges, Transportation Related Fraud, Bankruptcy, Carrier-Vendor Contract Dispute, Demurrage and Detention Recovery, Motor Carrier Agency Litigation. We assist motor carriers and intermediaries in federal, state and local compliance issues as well.

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Business Practices

Our firm provides counseling to all sizes and types of businesses. We serve as effective and affordable outside general counsel for businesses. Working in conjunction with our clients, we create solutions and chart a course of direction to guide and strengthen their companies.

We work with clients on a wide range of business issues. Our areas of practice include the formation of business entities, including limited liability companies, partnerships and corporations. We prepare and review contracts and related documentation, provide tax guidance, handle litigation of business disputes and provide counseling in many other areas of business.

We provide counseling and representation to businesses and industries such as agriculture, commercial finance, banking, retail, manufacturing, technology, real estate and professional services.

We also represent in the sale, purchase and merger of closely held businesses.

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Taxation

Our firm provides a wide range of tax related services to individuals and businesses. Our firm handles entity election classifications for limited liability companies, taxation structure for corporations, monthly, quarterly and yearly preparation of tax return, assistance with preparation and analysis of financial statements and structuring estate, real estate and business transactions that minimize tax liability and exposure. We also represent businesses in tax disputes before federal, state and local governmental agencies.

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Real Estate

Our real estate practice provides services on all aspects of commercial and residential real estate transactions and litigation. We provide services in commercial, residential and agricultural leasing, sales and purchases of residential, commercial and agricultural property. We also handle land use and zoning issues, easements, as well as boundary and adverse possession disputes.

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Estates

The firm provides assistance, counseling and representation in preparation of estate documents such as Wills, and many types of Trusts. We also serve as counsel to personal representatives in probate and intestate estate proceedings. We provide support and trust administration after death or upon specified trust occurrences. We provide these services to individuals throughout South Dakota and Minnesota. Our experience and knowledge in the law of taxation and real estate also allow us to provide effective counseling in estate planning that preserves assets and minimizes inheritances taxes.

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Municipal and Local Government

The firm provides municipalities and other local government entities representation as general counsel. We have extensive experience in union negotiation and contracts, ordinance drafting and enforcement, zoning, land use and nuisance issues. We also assist in municipal functions such as bid letting, sale and disposition of property, and economic development. We proudly serve as general counsel to the cities of Howard and Madison, South Dakota.

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