Kevin A.S. Fanning

Member
Phone: (248) 988-5875
Fax: (248) 642-2174
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Areas of Practice
Alternative Dispute Resolution
Business Litigation
Commercial Litigation
Construction
Real Estate

Bar Admissions
Admitted to practice in Michigan Court of Appeals, Michigan Supreme Court, State of Michigan, U.S. District Court for the Eastern District of Michigan, U.S. District Court for the Middle District of Florida, U.S. District Court for the Northern District of Illinois and U.S. Sixth Circuit Court of Appeals

Education
J.D., University of Detroit Mercy School of Law, 1997
B.A., cum laude, Western Michigan University, 1994

Memberships
State Bar of Michigan, Business Law Section, Commercial Litigation Committee
Oakland County Bar Association Chapter of the American Inns of Court, Barrister

Kevin A. S. Fanning is a member in Clark Hill's Birmingham office, where he practices in the Litigation Practice Group.  Mr. Fanning has experience in a broad range of litigation matters.

Real Estate Litigation - Mr. Fanning represents landowners and their agents in commercial lease negotiation and drafting, tenant retention and management, and tenant dispute resolution.  Mr. Fanning provides solution-oriented representation to his clients to maximize tenant retention and to reduce litigation and associated costs.  Mr. Fanning is also frequently involved in drafting residential leases and handles associated litigation. In the area of real estate litigation, Mr. Fanning has handled cases involving adverse possession, acquiescence, land contract foreclosure, quiet title, and breach of contract.

Commercial Disputes - Mr. Fanning regularly handles complex contract litigation, including misappropriation of trade secrets matters, non-compete cases, UCC matters, breach of warranty, and manufacturer's representative disputes.  Mr. Fanning has represented manufacturing companies, construction contractors, an international consumer products company, a substantial commercial foodservice distributor, a large national labor association, and telecommunications products distributors.

Construction Litigation – Mr. Fanning represented homebuilders, building owners, contractors, and suppliers in performance and payment disputes on numerous public and private construction projects. 

Trials and Alternative Dispute Resolution - Mr. Fanning has practiced in state and federal courts throughout Michigan, and has tried numerous bench and jury trials to verdict.  He has experience with various alternative dispute resolution formats and regularly conducts arbitration proceedings before the American Arbitration Association. He has represented clients in proceedings in the Michigan Court of Appeals, the Michigan Supreme Court, the United States District Court for the Eastern District of Michigan, the United States District Court for the Middle District of Florida and the United States District Court for the Northern District of Illinois. 

Bar Admissions – Mr. Fanning is admitted to practice before all courts in the state of Michigan, the United States District Court for the Eastern District of Michigan and the United States Court of Appeals for the Sixth Circuit. 

Articles and Lectures:

• “Res Judicata and Summary Proceedings:  The Supreme Court Sets the Record Straight” Michigan Real Property Review, Vol. 33, No. 4, Winter 2006.

• “Ten Ways to Effectively Manage Any Tenant Dispute” 2007 Building Owners and Managers Association (BOMA) North American Commercial Real Estate Congress.

• “The Arbitration Alternative” The Credit and Financial Management Review, Vol. 9, No. 4, Fourth Quarter 2003.

• “Issues During Construction” Sterling Education Services Construction Seminar, 2004. 

Mr. Fanning graduated from the University of Detroit Mercy School of Law in 1997.  While in law school, Mr. Fanning completed a judicial internship with the Honorable Patrick Duggan of the United States District Court for the Eastern District of Michigan.  He was inducted into the Order of Barristers National Moot Court Honor Society for excellence in moot court activities and served on the Moot Court Board of Directors.  In 1996, he participated in the Cardozo National Moot Court Competition in New York City.  As an undergraduate at Western Michigan University, Mr. Fanning was an honors student and graduated cum laude in 1994.

Outside of the office, Mr. Fanning serves on the Commercial Litigation Committee of the Business Law Section of the State Bar of Michigan and is a Barrister in the Oakland County Bar Association Chapter of the American Inns of Court. 

Mr. Fanning lives in Birmingham with his wife and their two daughters.