Danielle R. Whitley
Partner
Danielle Whitley focuses her practice in the areas of finance and corporate transactions, governance, and counseling. She is a partner in the firm’s Finance and Transactions Practices.
Danielle has broad experience representing both borrowers and lenders in structuring, negotiating, and documenting a diverse array of commercial financing transactions, including domestic and cross-border secured financings, syndicated facilities, revolving credit and term loan facilities, intercreditor arrangements, and real estate secured transactions. Her clients include both public and private companies, including real estate investment trusts (REITs), as well as banks and other financial institutions.
Danielle also represents clients in a wide variety of corporate law matters, including representing public and private companies in mergers and acquisitions, joint ventures, preferred financings, convertible debt financings, and other forms of equity and debt financings.ÌýShe has extensive experience in drafting and negotiating legal opinions in connection with finance and corporate transactions and is a member of the firm’s Opinion Committee.
Danielle serves as the managing partner and hiring partner for the Jacksonville office, and as a member of the firm’s Recruiting Committee.
Representative Experience
- Represented a private, real estate investment, development, and property management company in connection with a US $240m term loan and US $60m revolving line of credit secured by 36 hotels.
- Represented a large domestic seafood processor and distributor in connection with a syndicated US $90m asset-based revolving credit facility.
- Represented a mutual holding company in connection with a US $68m acquisition of a health care technology company.
- Represented the sole lender in connection with a US $30m term loan and US $5m revolving line of credit for an insurance agency.
- Represented a NYSE listed traded real estate investment trust in a US $40m term loan secured by a large retail shopping center.
- Represented a NYSE listed in connection with a US $24m term loan secured by a large retail shopping center.
- Represented a NYSE listed in connection with a US $19m term loan to a joint venture secured by a large retail shopping center.
- Represented a NYSE listed in a US$19m term loan secured by a mixed-use retail shopping center.
- Represented the sole lender in connection with a US $16m term loan to a construction and engineering company secured by multiple office buildings.
- Represented a venture capital fund in connection with a US $2m Series A investment in a software developer.
Awards and Recognition
- Recognized as one of the 2022 Florida Legal Elite inÌýFlorida TrendÌýmagazine’s Florida Legal Eliteâ„¢ balloting
Community Involvement
- General counsel, The Donna Foundation (2005-present)
- Organization dedicated to assisting underserved women living with breast cancer in Northeast Florida
- Host of the only U.S. marathon dedicated solely to raising funds to end breast cancer
- Member, board of directors, Cathedral Arts Project
- Nationally recognized nonprofit organization dedicated to making quality arts education accessible to all children
Presentations and Publications
- “Common Misconceptions Regarding Preferred Stock Create Risk of Costly Mistakes,â€�ÌýGlobal Banking and Finance Review,ÌýApril 25, 2019
- “Delaware Court Rules for the First Time That Buyer May Walk From Deal for Material Adverse Effect,â€�ÌýGlobal Banking and Finance Review, October 24, 2018
- Co-author, “Buy-side Directors Face Risk in Conflict Deals,â€�ÌýThe M&A Journal, October 2018
- Co-author, “Common Misconceptions Regarding Preferred Stock Create Risk of Costly Mistakes,â€�ÌýGlobal Banking & Finance Review,ÌýJuly 27, 2018
- “Beware! Delaware Case Law Sets Potential Pitfall in Merger Pact Indemnification Caps,â€�ÌýWestlaw Journal, July 31, 2017
- Co-author, “Blocking Director’s Fiduciary Duty Essential for Successful Remote Entity Structure,â€�ÌýWestlaw Journal: Delaware Corporate, February 27, 2017
- “Delaware high court restricts potential claims against bankers for flawed M&A process,â€�ÌýWestlaw Journal: Delaware Corporate, December 21, 2015
- “Why CEO Was Held Personally Liable for $148M in Dole Foods Buyout,â€�ÌýWestlaw Journal: Delaware Corporate, September 14, 2015
- “El Paso Corp. Hit With $171 million in Damages for Defective Related-party Transaction,â€�ÌýWestlaw Journal: Corporate Officers & Directors Liability, June 1, 2015
- “Delaware High Court Applies ‘Business Judgment’ to Controlling-Stockholder Buyouts,â€�ÌýWestlaw Journal: Corporate Officers & Directors Liability, April 7, 2014
- “3rd Circuit rules Delaware Chancery Court arbitrations must be open to the public,â€�ÌýWestlaw Journal: Delaware Corporate, December 9, 2013
- “Bank of America merger shields Countrywide directors from pending suits,â€�ÌýWestlaw Journal: Corporate Officers and Directors Liability, September 23, 2013
- “Goldman Directors Win Dismissal of Challenge to Management Compensation Structure,â€�ÌýWestlaw Journal: Delaware Corporate, October 31, 2011
- “My banker, my frenemy,â€�ÌýThe DealÌýmagazine, May 9, 2011
- “Delaware court delays Del Monte merger over investment banker misconduct concerns,â€�ÌýWestlaw Journal:ÌýCorporate Officers & Directors Liability,ÌýFebruary 28, 2011
- “Post-closing price adjustments upheld by Delaware court,â€�ÌýWestlaw Journal:ÌýMergers & Acquisitions,ÌýDecember 2010
- “Delaware court upholds poison pill with ‘grandfather’ exemption for existing large stockholder,â€�ÌýWestlaw Journal: Delaware Corporate, September 3, 2010
- “Frozen Gas: CNX Gas thaws the controlling stockholder freeze-out role for special committees,â€�ÌýThe DealÌýmagazine, July 19, 2010
- “Delaware court applies unified standard for review of all freeze-out transactions by controlling shareholders,â€�ÌýWestlaw Journal: Delaware Corporate LitigationÌýReporter, June 14, 2010
- Co-author, “New Requirements and Increased Supervision Over Economic Stimulus and Bailout Funds May Increase Potential False Claims Act Liability for Recipients,â€� Âé¶¹Ö±²¥ & Lardner LLPÌýLegal News Alert: Financial Crisis Response Team, April 29, 2010 andÌýFinancial Fraud Law Report, July/August 2009
- Co-author, “NOL and Void: Delaware’s Chancery court upholds a poison pill designed to protect net operating loss carryforwards,â€�ÌýThe DealÌýmagazine, April 5, 2010
- “Director’s Fiduciary Duties: Increasing Focus on Good Faith and Independence,â€�ÌýThe Florida Bar Journal, July/August 2009