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鈥檚 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.听She has extensive experience in drafting and negotiating legal opinions in connection with finance and corporate transactions and is a member of the firm鈥檚 Opinion Committee.
Danielle serves as the managing partner and hiring partner for the Jacksonville office, and as a member of the firm鈥檚 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 in听Florida Trend听magazine鈥檚 Florida Legal Elite鈩 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
- 鈥淐ommon Misconceptions Regarding Preferred Stock Create Risk of Costly Mistakes,鈥澨Global Banking and Finance Review,听April 25, 2019
- 鈥淒elaware Court Rules for the First Time That Buyer May Walk From Deal for Material Adverse Effect,鈥澨Global Banking and Finance Review, October 24, 2018
- Co-author, 鈥淏uy-side Directors Face Risk in Conflict Deals,鈥听The M&A Journal, October 2018
- Co-author, 鈥淐ommon Misconceptions Regarding Preferred Stock Create Risk of Costly Mistakes,鈥澨Global Banking & Finance Review,听July 27, 2018
- 鈥淏eware! Delaware Case Law Sets Potential Pitfall in Merger Pact Indemnification Caps,鈥澨Westlaw Journal, July 31, 2017
- Co-author, 鈥淏locking Director鈥檚 Fiduciary Duty Essential for Successful Remote Entity Structure,鈥澨Westlaw Journal: Delaware Corporate, February 27, 2017
- 鈥淒elaware high court restricts potential claims against bankers for flawed M&A process,鈥澨Westlaw Journal: Delaware Corporate, December 21, 2015
- 鈥淲hy CEO Was Held Personally Liable for $148M in Dole Foods Buyout,鈥澨Westlaw Journal: Delaware Corporate, September 14, 2015
- 鈥淓l Paso Corp. Hit With $171 million in Damages for Defective Related-party Transaction,鈥澨Westlaw Journal: Corporate Officers & Directors Liability, June 1, 2015
- 鈥淒elaware High Court Applies 鈥楤usiness Judgment鈥 to Controlling-Stockholder Buyouts,鈥澨Westlaw Journal: Corporate Officers & Directors Liability, April 7, 2014
- 鈥3rd Circuit rules Delaware Chancery Court arbitrations must be open to the public,鈥澨Westlaw Journal: Delaware Corporate, December 9, 2013
- 鈥淏ank of America merger shields Countrywide directors from pending suits,鈥澨Westlaw Journal: Corporate Officers and Directors Liability, September 23, 2013
- 鈥淕oldman Directors Win Dismissal of Challenge to Management Compensation Structure,鈥澨Westlaw Journal: Delaware Corporate, October 31, 2011
- 鈥淢y banker, my frenemy,鈥澨The Deal听magazine, May 9, 2011
- 鈥淒elaware court delays Del Monte merger over investment banker misconduct concerns,鈥澨Westlaw Journal:听Corporate Officers & Directors Liability,听February 28, 2011
- 鈥淧ost-closing price adjustments upheld by Delaware court,鈥澨Westlaw Journal:听Mergers & Acquisitions,听December 2010
- 鈥淒elaware court upholds poison pill with 鈥榞randfather鈥 exemption for existing large stockholder,鈥澨Westlaw Journal: Delaware Corporate, September 3, 2010
- 鈥淔rozen Gas: CNX Gas thaws the controlling stockholder freeze-out role for special committees,鈥澨The Deal听magazine, July 19, 2010
- 鈥淒elaware court applies unified standard for review of all freeze-out transactions by controlling shareholders,鈥澨Westlaw Journal: Delaware Corporate Litigation听Reporter, June 14, 2010
- Co-author, 鈥淣ew Requirements and Increased Supervision Over Economic Stimulus and Bailout Funds May Increase Potential False Claims Act Liability for Recipients,鈥 番茄社区; Lardner LLP听Legal News Alert: Financial Crisis Response Team, April 29, 2010 and听Financial Fraud Law Report, July/August 2009
- Co-author, 鈥淣OL and Void: Delaware’s Chancery court upholds a poison pill designed to protect net operating loss carryforwards,鈥澨The Deal听magazine, April 5, 2010
- 鈥淒irector’s Fiduciary Duties: Increasing Focus on Good Faith and Independence,鈥澨The Florida Bar Journal, July/August 2009