Whalen J. Kuller

Whalen has over 20 years of experience advising clients on corporate, lending and other transactional matters. His clients range from start-ups to multinational corporations. His experience includes domestic and international mergers and acquisitions, joint ventures, debt and equity financing, public and private securities, bank regulatory matters, and corporate governance. Whalen’s clients represent in a wide array of industries, including financial services, technology, textiles, manufacturing, security services, janitorial services, medical, professional services, and commercial real estate.

Whalen began his legal career with Smith, Gambrell & Russell, LLP, an AmLaw 200 firm with offices throughout the U.S. and abroad, where was part of the firm’s M&A, securities and banking practice groups. After leaving Smith Gambrell, Whalen worked at several other firms, including at Jones Day in the firm’s capital markets and M&A practice groups.  Throughout his legal career, Whalen has focused his practice on corporate matters, mergers & acquisitions (M&A), commercial lending and bank representation. Most recently before joining Bird Loechl McCants & Holliday, Whalen spent ten years at Hartman Simons & Wood LLP, where he chaired the firm’s corporate and M&A practices and was a member of its commercial lending practice.  At Bird Loechl McCants & Holliday, Whalen continues his focus on lending, M&A, corporate and securities.

Prior to law school, Whalen worked for the University of Washington in various administrative roles, most recently as Manager of Colony Operations for its primate research center, where he supervised approximately 30 staff responsible for overseeing animal care, import/export, security and research support.

Whalen earned a Bachelor of Science in Business Administration (Management), with honors, from the University of Florida. Whalen attended law school at the University of Florida Levin College of Law, where he served as Articles Senior Editor and then Articles Executive Editor of the University of Florida Journal of Law and Public Policy. Whalen graduated in the top 10% of his class, earned book awards in Contracts and Legal Drafting, and earned Honors in Legal Research & Writing and Appellate Advocacy. Whalen also earned a Masters in Business Administration, with concentrations in Finance, Competitive Strategy and Latin American Business, from the University of Florida Warrington College of Business. Whalen also earned an LL.M. in Taxation from the University of Alabama School of Law, graduating magna cum laude.

While in school at the University of Florida, Whalen worked part time for the Eighth Judicial Circuit Public Defender’s Office in Gainesville, Florida, assisting the Chief Assistant Public Defender in generation and organization of documents related to criminal defense caseload and assisting the Administrative Director in day-to-day administrative operations of the Public Defender’s Office. While in law school, he also served as Graduate Assistant for upper-division undergraduate Legal Environment of Business and Principles of Management classes.

Outside of his legal practice, Whalen enjoys teaching part time. He previously served as an Adjunct Professor at Georgia Perimeter College (now part of Georgia State University), where he taught the undergraduate Legal Environment of Business class, a 3-credit class that provided an introduction to the legal, regulatory, political, social, ethical, cultural, environmental, and technological issues which form the context for business.  Whalen currently serves as an Adjunct Professor at the at the Stetson-Hatcher School of Business at Mercer University, where he teaches graduate and undergraduate business law classes.

When he is away from work and school, Whalen enjoys shooting, hosting guys around his backyard firepit, and international travel with his wife.

Represented Minneapolis based distributor of automation products and automated tooling solutions in the sale of the company to a strategic partner in the industry.

Represented Kentucky independent insurance agency in the sale of the agency to a strategic partner.

Represented Kentucky wholesale employee benefits agency in the sale of the agency to a strategic partner.

Represented Atlanta-based fencing company in the sale of the company to a financial partner.

Represented Atlanta-based commercial and residential roofing company in the sale of the company.

Represented nationwide security services company in multiple strategic acquisitions of security companies throughout the United States.

Represented national aviation ground support services company in connection with joint venture with French partner.

Represented private equity fund in multiple acquisitions of historic properties and low income multifamily housing locations throughout the Southeastern United States.

Represented family office in equity investments in multiple self-storage development projects.

Represented nationwide janitorial services company in multiple strategic acquisitions.

Acted as outside general counsel to community bank, including assisting with regulatory matters, loan transactions, employment issues and other legal needs, including multiple equity raises.

Represented Louisiana-based regional bank in multiple loan transactions secured by real estate or other non-real estate collateral.

Represented client in the acquisition of an Atlanta deli concept with two locations and subsequent acquisition of a bakery facility and expansion of the concept to over ten retail locations.

Represented multinational IT staffing company in expansion into US market.

Represented custom home builder in acquisition of multiple home sites and construction of custom homes.

Represented Atlanta-based manufacturer’s representative of quality engineered products in the HVAC and heat transfer segments.

Represented New York lower middle-market mergers & acquisition advisory firm.

Represented multi-unit franchise management company with over 80 Great Clips, Salty Dawg and Smoothie King franchised locations.

Acted as outside general counsel to Ag-Tech microbial sciences company, assisting with formation, multiple private equity offerings, contract negotiation and other legal needs.

Represented family-owned company in joint venture development of over a 1,500+ acre mixed use, commercial, residential, multifamily and industrial development.

Acted as outside general counsel for Georgia senior living company with multiple locations in Georgia.

Represented company in acquisition of Kentucky whiskey distillery.

Represented food-hall concept company in expansion into Georgia market.

Represented U.K. based seafood export company in connection with entry into U.S. market.

Represented truck parking management company in the sale of 30+ parking sites located throughout the Southeastern United States.

Represented Seattle-based multifamily holding company in connection with multiple Georgia acquisitions.

Represented company in connection with acquisition of real property and development of Nordic spa concept.

Represented IP law firm in connection with departure of two partners from firm.

Co-Presenter at Smart Business Dealmakers Conference, After the Deal: Managing the Buyer-Seller Relationship Post-Acquisition (May 2025)

Co-Presenter at Smart Business Dealmakers Conference, Mitigating Risk in Buy-Side Deals (May 2023)

Co-author, Top 5 Ways the Tax Cuts and Jobs Act May Affect the Outlet Center Business, VALUE RETAIL NEWS, Volume XXXV, Number 4 (May 2018)

Moderator, Community Banking and Commercial Real Estate Development Lending Roundtable: Current Trends and Lending Considerations, Community Bankers Association of Georgia (July 2017)

Webinar co-presenter, Special Purpose Entities in Real Estate Transactions: Structuring and Documentation (January 2017)

Co-presenter at the Georgia Association of Medical Equipment Suppliers (GAMES), An Overview of a Healthcare Transaction (May 2014)

Whalen J. Kuller, Going Private Through Stock Reclassification, GEORGIA BAR JOURNAL, Volume 15, Number 1 (June 2010)

Martindale-Hubbell AV Preeminent: Top rated lawyer in corporate law, banking law and mergers, acquisitions, and divestitures

Whalen served on the Board of Directors of Make-A-Wish Foundation of Georgia and Alabama from 2005 to 2011. Since 2021, he has served on the Board of Directors of Stage Door Theatre (Dunwoody). Whalen is a member of Dunwoody Baptist Church, where he is a deacon, is active in the church’s men’s ministry, and has served on several committees, including Finance Committee (2010-2012; chair 2012) and the Leadership Team (2013-2016, 2018; chair 2015-2016).  Whalen also volunteers multiple times each year with The Wild Adventure, a fly fishing retreat in Cameron, Montana that helps men get their hearts back.