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

Kevin A. Fanning’s practice focuses on complex commercial litigation matters, real estate litigation, commercial property workouts and receiverships, and securities litigation. Kevin has been named a "Rising Star" in the 2009 and 2010 editions of Michigan Super Lawyers publication.

Recent Matters:

• Counsel for shareholders of Car.com in securities arbitration in Phoenix, Arizona and a federal secutiries action in the Central District of California arising out of the acquitision of Car.com by Autobytel in a stock purchase subject to a later financial restatement by Autobytel.

• Counsel for a former Delphi employee in securities enforcement action brought by the SEC against Delphi and its former officers in the Eastern District of Michigan.

• Trial counsel for global food and beverage company with locations in 44 countries. Obtained summary judgment in federal district court dismissing opposing party’s claims, including sanctions against the opposing lawyer. See Dunkin’ Donuts Franchised Restaurants v. Mr. Omar, Inc. et al., 2008 U.S. Dist. LEXIS 18001 (E.D. Mich., Mar. 10, 2008); 2008 U. S. Dist. LEXIS 39849 (E.D. Mich., May 16, 2008).
  


• Lead counsel for loan servicer of national bank in receivership actions in five counties involving default under $13 million loan. Obtained the appointment of receiver to manage and operate collateral.
  


• Counsel for national bank in receivership and judicial foreclosure action. Obtained appointment of receiver and judgment for foreclosure of $9 million defaulted loan. Successfully defended two interlocutory appeals contesting the appointment of receiver and foreclosure of loan.
  


• Lead counsel for multi-state electrical components supplier in construction lien foreclosure litigation leading to top priority of the lien in favor of Kevin’s client over the mortgage of a national bank.
  


• Lead counsel for litigant in contentious personal protection litigation which spanned two years and ended in favor of Kevin’s client in the Michigan Supreme Court. See Evarian v. Michalski, 2004 Mich. App. LEXIS 456 (February 17, 2004); lv. den., 471 Mich 866; 683 NW2d 670 (2004).
  


• Lead defense counsel in dispute over lease of warehouse involving over $1 million in claims. Filed motion for summary judgment leading to successful resolution of action.
  


• Lead defense counsel in claim against automotive dealership involving allegations of substantial injuries arising out of faulty vehicle service and failed airbag. Obtained extremely favorable settlement for client.
  


• Lead counsel for various retail shopping plaza owners in multiple counties. Draft leases and amendments and enforce landlord rights.

Publications 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
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• “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.

Professional Associations:

Member of Board of Directors, Federal Bar Association, Eastern District of Michigan Chapter

Co-Chair of Membership Committee, Federal Bar Association, Eastern District of Michigan Chapter

State Bar of Michigan Business Law Section, Commercial Litigation Committee

Oakland County Bar Association American Inns of Court - Barrister