David J. Jencks has practiced law for 27 years. He 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. He represents factors, freight brokers and motor carriers in transactional and litigation matters, and documents and negotiates factoring transactions with particular emphasis on the transportation industry.

By blending the law of transportation with secured transactions, David has built a practice centered on transportation finance. He is a resource for those who finance into the transportation industry, especially motor carriers, freight brokers and logistics companies.

At the center of his practice is an intimate understanding of how his clients’ businesses run, not just the law that governs them. He has taught factors how to underwrite and onboard new clients, verify and audit invoices, give notices of assignment, manage reserves and over-advances, and collect, through the IFA training classes he has led as lead instructor (2005–2023) and the firm’s Transportation Factoring Operations Manual (2022).

In January 2024, the International Factoring Association named David co-general counsel to the organization. He has been a regular presenter at the IFA’s Annual Conference and Transportation Meeting, lead instructor of its Successful Transportation Factoring Training Class, and a presenter of IFA webinars on transportation factoring, debtor credit, billing and notification, problem loads and risk. He writes the quarterly Transportation Minute column for the IFA E-Mag and has written articles for trade publications in the commercial finance industry. David is one of the few preferred attorneys for the International Factoring Association, the world’s largest trade association for commercial factors.

In December 2024, David was named adjunct professor of Secured Transactions at the University of South Dakota School of Law, where he teaches Secured Transactions.

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 transactions. He also represents debtors in Chapter 7, 11, 12 and 13 bankruptcy, represents lenders and factors in post-petition (DIP) financing in Chapter 11 cases, defends preference claims, and regularly serves as South Dakota local counsel for out-of-state attorneys.

Representative transactional and legal experience

• Represents over 50 factors in ongoing transactional, documentation and operational matters
• Successfully defended a factor against claims of fraud and conspiracy
• Obtained summary judgment for a factor against multiple guarantors in a million-dollar recovery
• Obtained a verdict and recovery of $600,000 for a factoring client against an account debtor and client for payment over assignment and breach of contract
• Obtained multiple verdicts for plaintiff factors recovering from account debtors and clients for breach of contract
• Litigated over 250 factoring suits as plaintiff’s and defendant’s counsel

Prior results do not guarantee a similar outcome.

Education

• J.D., Hamline University
• B.A., University of South Dakota

Admissions

• South Dakota bar (admitted 1999)
• South Dakota state courts
• U.S. District Court, District of South Dakota
• Admitted pro hac vice in several other states

Roles

• Co-general counsel, International Factoring Association (since January 2024)
• Adjunct Professor, Secured Transactions, University of South Dakota School of Law (named December 2024)

Memberships

• Transportation Lawyers Association
• Delta Nu Alpha, the professional fraternity of transportation professionals
• State Bar of South Dakota

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