• Advises a broad spectrum of purchasers and sellers in merger and acquisition transactions involving primarily private companies.
• Represents financial institutions and borrowers in complex financing structures, including secured and unsecured working capital lines, term loans, acquisition financings and real estate and construction loans.
• Works with business owners to coordinate succession, estate planning and tax planning.
• Advises privately held companies on supply agreements, bailment agreements, nondisclosure agreements, trademarks, permits, construction contracts, and corporate and limited liability formation.

• Counsel to lenders in a range of loan origination transactions, including commercial and industrial loan facilities, real estate and construction loans and multibank credit facilities, participations, and intercreditor agreements.
• Counsel to lenders in loan defaults, workouts, loan modifications, loan sales, deed-in-lieu of foreclosure, and foreclosures of real estate secured loans, including negotiating forbearance agreements, disposition of collateral pursuant to Article 9 of the Uniform Commercial Code, orderly wind-down of borrower’s operations, and representation in bankruptcy court proceedings including debtor in possession financing, cash collateral proceedings, debt restructuring and other troubled loan financing.
• Counsel to secured lenders in state court proceedings against borrowers and guarantors, including real estate foreclosure matters, claim and delivery of personal property, receiverships, assignments for the benefit of creditors and judgment enforcement.
• Counsel to distressed companies in evaluating out of court options and negotiating with lenders and creditors and representing these companies in bankruptcy proceedings including handling the acquisition and sale of assets under Section 363 of the Bankruptcy Code, including negotiating and resolving contingent liabilities with Union representatives.
• Counsel to commercial real estate developers regarding the acquisition of real estate, negotiation with financing lenders and tenant management including lease and amendment documentation.

• Advises clients on a full range of real estate matters, including drafting and negotiating purchase agreements and residential, commercial and industrial lease agreements.
• Assists a nonprofit statewide healthcare system and various medical practices with real estate matters, including medical office leases, purchase agreements and development agreements.
• Represents financial institutions in connection with commercial and real estate loan documentation and foreclosure, deed in lieu of foreclosure and loan workout matters.
• Advises closely held business and family business with various corporate matters including mergers and acquisitions on buy or sell side.
• Represents individuals and closely held business with corporate formation and succession planning
• Represents clients in connection with real and personal property tax appeals.

• Counsels start-ups and growing companies on fundraising, including preparation of private placement memorandums
• Works with clients to uncover and resolve bank fraud
• Counsels families with respect to estate planning involving drafting wills and revocable trusts
• Represents fiduciaries and beneficiaries on trust and estate administration, including best practices to convey bequests to charitable beneficiaries
• Assists corporate and individual clients with property tax exemptions and disputes

• Assist taxpayers with representation before the internal Revenue Service, the State of Michigan Department of Treasury and other taxing authorities in connection with audit and collection matters
• Represent taxpayers before the United States Tax Court and the Michigan Tax Tribunal
• Represent secured lenders in out of court restructurings, workouts, forbearance agreement negotiations and Article 9 asset sales
• Counsel secured banks and other secured lenders in all stages of a bankruptcy proceeding from the negotiation of a cash collateral order and DIP financing arrangements to requests for relief from the automatic stay state and contested confirmation hearings
• Representation of creditors in municipal bankruptcy proceedings, including in the City of Detroit Chapter 9 bankruptcy case
• Assist distressed businesses in all phases of a chapter 11 bankruptcy filing, including prefiling negotiations, preparation of cash collateral and DIP financing packages, Section 363 sales, negotiation of stalking horse bids, modification and termination of collective bargaining agreements and resolution of pension fund liabilities
• Counsel to distressed borrowers in out of court restructuring, loan workouts and forbearance agreements with lenders
• Advise and represent clients in state and federal litigation matters, including shareholder disputes, collection matters and receiverships.

In his more than 30 years of practicing law, he has helped businesses protect their financial and intellectual property, minimize risks and ultimately save money by avoiding litigation. He knows how to handle the difficult deals and understands when to be aggressive and when to hold back.

Kavanaugh helps health care organizations (dental, podiatry, hospitals, urgent care facilities, etc.) and other businesses at all levels, from start-ups to well established, mature companies. Most notably he was counsel for:

• The sale of one of various real estate projects, including a project valued in excess of $800 million dollars
• Sale of a major healthcare insurer worth $89 million
• Public offering of a $45 million Chinese manufacturing company.
• Acquisition of a hotel chain worth more than $40 million

Some of his representative transactions are:

• Managing the purchase of a building or the establishment of a property management company as well as latent property defects that were not readily discoverable
• Negotiating real estate and equipment leases
• Navigating regulations and compliance of the Health Insurance Portability and Accountability Act (HIPAA) privacy, Centers for Medicare and Medicaid and the Stark Law compliance
• Handling the merger and/or acquisition of medical entities, manufacturing companies, and other businesses
• Resolving landlord and tenant disputes
• Preparing loan and lease documentation
• Counseling on personnel issues
• Representing secured lenders with loan defaults, workout and out-of-court restructuring, liquidations, collections, foreclosures, creditor rights and bankruptcy