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Daryl L. Diesing

Daryl L. Diesing

Senior Counsel
Milwaukee
office: 414.978.5523
fax: 414.223.5000
Overview

Daryl advises clients on a wide variety of matters, often acting as "outside general counsel." 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.


Industry

Service

Recognition

  • The Best Lawyers in America, Banking and Finance Law and Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law, 2005-2019, Litigation-Bankruptcy, 2012-2019; Milwaukee Litigation-Bankruptcy "Lawyer of the Year," 2019
  • Wisconsin Super Lawyers, 2005-2017
  • Wisconsin Law Journal, 2006 "Leader in the Law"
  • Martindale-Hubbell AV Preeminent

Education

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

Admissions

  • U.S. District Court, Eastern District of Wisconsin
  • Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Western District of Michigan

Professional Associations and Memberships

  • Association for Corporate Growth, Membership Committee
  • American Bankruptcy Institute
  • American Bar Association, Business Law and Science and Technology Law Sections
  • Eastern District of Wisconsin Bar Association
  • State Bar of Wisconsin, Business, Bankruptcy and Agribusiness Sections
  • Milwaukee Bar Association, Bankruptcy Section, former Section Chair
  • Turnaround Management Association
Experience
  • Brainstormed with lenders on 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 exiting the market.
  • Represented 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.
Community Leadership
  • Nehemiah Project, Inc., Board of Directors, Seeds of Growth Advisory Committee 
  • Lutheran Social Services Foundation, Inc., Vice Chair of Board of Directors 
  • Next Door Foundation, Inc., 1985-present, President of the Board, 1999-2004