Overview

Barbara Kaye is an accomplished corporate attorney with significant experience representing public and private sector clients on a broad array of transactions.

  • Assists clients with syndicated financings, private debt placement, 144A high-yield offerings, and debt modifications and restructurings
  • Represents private equity funds in senior and mezzanine financings in connection with acquisitions of privately held companies and refinancing of portfolio company financing
  • Represents publicly traded real estate investment trusts (REIT) in institutional private placements and traditional bank financing
  • Counsels privately held companies in refinancing company debt
  • Represents lenders in secured and unsecured financings
  • Counsels clients on mergers, acquisitions and joint ventures
  • Headed the firm's Committee on Women Attorney Initiatives for four years

Services

Practice Areas

Experience

Representative Matters

Financing
  • Represented gaming company in $1.05 billion first lien and second lien notes
  • Represented gaming company in $450 million revolving and term loan facility
  • Represented Rocket Mortgage LLC in its issuance of $1.250 billion senior notes and $1.01 billion senior notes
  • Represented North American Bancard, LLC in its $715.0 million senior secured revolving and term loan facility
  • Represented Agree Realty Corporation in its $105 million offering
  • Represented private equity fund in senior and mezzanine financing in connection with acquisition
  • Advised private equity fund as a mezzanine lender in connection with acquisition of privately held company
  • Regularly represents REITS in institutional private placements of senior notes
  • Represented portfolio company in $62 million senior and mezzanine financing in acquisition by SPAC
  • Counseled manufacturing company in $225 million management leveraged buyout
  • Advised entrepreneurial company in dividend recapitalizations
  • Counseled global automotive supplier in its issuance of senior notes and senior subordinated notes aggregating $455 million in principal amount; several consent solicitations were undertaken on behalf of this issuer
  • Represented global automotive supplier in its issuance of $200 million principal amount of subordinated notes; a consent solicitation was undertaken on behalf of this issuer
  • Advised global automotive supplier in its issuance of $200 million principal amount of subordinated notes
  • Advised gaming company in its issuance of senior secured notes (including a tack-on offering), senior notes, and senior discount notes aggregating approximately $305 million in principal amount
  • Represented publicly traded infrastructure company in private placement of $100 million of senior notes
  • Counseled publicly traded information systems company in private placement of $400 million of senior notes
Mergers, acquisitions, joint ventures, and other transactions
  • Represented North American Bancard, LLC in its acquisition of Total Merchant Services, Inc.
  • Represented privately held global company in healthcare BPO industry in acquiring several domestic companies
  • Represented privately owned company in disposition of multiple assets in the B to B publishing industry
  • Represented the Detroit Institute of Arts drafting documents to implement the "Grand Bargain"
  • Advised in the sale of Detroit Pistons NBA team to private equity investor
  • Represented casino gaming joint ventures in multiple jurisdictions
  • Counseled client in "roll-up" of event, digital, and social marketing agencies by privately held company
  • Advised Chinese acquirer of global automotive operations from Tier 1 automotive supplier
  • Represented OEM in acquisition of global automotive operations from Tier 1 automotive supplier
  • Counseled OEM affiliate in disposition of domestic auto operations
  • Advised privately held, multi-jurisdictional gaming company in acquisition of subsidiary from publicly traded multi-jurisdictional gaming company
  • Represented private equity company in the information technology industry in disposition of one of its business units and subsequent repurchase of substantial portion of the assets
  • Counseled publicly held manufacturing company in acquisition of several privately held entities and disposition of selected business units
  • Assisted privately held company in acquisition of NHL hockey team Tampa Bay Lightning
Restructuring
  • Advised automotive suppliers and gaming companies in restructuring

Prior Experience

  • Dykema Gossett PLLC, Attorney, 1986-2007

Clerkships

  • Justice Charles Levin, Michigan Supreme Court, Clerk, 1985

Academic Appointments

  • University of Michigan Law School, Adjunct Professor (Joint Ventures), 2014-2023; Negotiations (2021, 2023)
  • University of Michigan Law School, Adjunct Professor in The MACL (Masters of Advanced Corporate Law) for international students Summer 2019

Credentials

Education

Admissions

Recognition

Awards

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2012-2023
    • Recognized as one of Chambers USA: America's Leading Business Lawyers in the Corporate/M&A field; Chambers USA states:

      • "She is very detailed and no-nonsense." "Barbara has a wealth of experience and excellent judgement."
      • “A client adds, [Barbara] is very direct and efficient, and has a great bedside manner; she's also very knowledgeable.”
      • "Clients appreciate that she is always responsive, thoughtful and knowledgeable."
      • "Barbara Kaye is a 'terrific corporate lawyer' with notable experience in acquisition financing. Her clients include both public and private groups. One client reports: 'She is phenomenal, does a very fine job, takes no prisoners, is very responsive and always available.'"
      • "Barbara Kaye frequently assists both public and private sector clients on acquisitions, mergers and joint ventures. She is also an expert in the areas of syndicated financing and debt restructuring. Interviewees attest that she is 'very detail-oriented.'"
      • "According to observers, Barbara Kaye has 'tremendous attention to detail and is very timely' in her advice to both public and private companies. She represents clients in an array of commercial finance transactions, including business combinations, debt restructurings and private equity deals."
      • "Barbara Kaye is 'very smart and a very good communicator when negotiating terms and conditions.' She is recognized for her strengths in M&A, and for her advice to clients on high-yield offerings and syndicated financing."
      • "Recognized as 'a capable, smart and practical lawyer' and is 'well respected in the legal community.' She is noted for her work representing public and private sector clients in a range of areas including mergers, acquisitions and joint ventures."
      • "Barbara is a key player at the firm. She focuses her practice on private equity and corporate finance."
      • "Barbara Kaye is considered an experienced and impressive lawyer by sources. She is especially renowned for her expertise in private equity transactions, syndicated financings and debt restructurings."
  • The Best Lawyers in America, 2009-2024
    • Recognized in practice areas of:
      • Banking and Finance Law
      • Corporate Law
      • Leveraged Buyouts and Private Equity Law
      • Mergers and Acquisitions Law
      • Private Funds / Hedge Funds Law
      • Securities / Capital Markets Law
      • Venture Capital Law
    • Ann Arbor Corporate Law "Lawyer of the Year," 2017, 2020
    • Ann Arbor Mergers and Acquisitions Law "Lawyer of the Year," 2015 
  • Michigan Super Lawyers, 2012-2018
  • Law Bulletin Media
    • Leading Lawyers, Corporate Finance Law, 2017, 2023
    • Leading Lawyers, Mergers & Acquisitions Law, 2017, 2023
    • Leading Lawyers, Trust, Publicly Held Corporations Law, 2017, 2023
    • Leading Lawyers, Securities & Venture Finance Law, 2017, 2023
  • Leading Lawyers Magazine Michigan, 2017
    • Named as one of the:
      • Top 10 Leading Women Business Lawyers
      • Top 100 Leading Business Lawyers
      • Top 100 Leading Women Lawyers
      • Top 100 Leading Outstate (Non-Detroit Metro) Lawyers
  • DBusiness, Top Lawyers, 2013-2016
  • Michigan Lawyers Weekly, Named one of 30 “Women in the Law," 2015
  • The American Lawyer Magazine
    • 2013 Women Leaders in the Law Top Rated Lawyer®
    • 2013 Top Rated Lawyer in Banking and Finance Law
    • 2013 Top Rated Lawyer in Securities Law
  • Martindale-Hubbell AV® Preeminent™ Peer Review Rated 

Professional & Community Involvement

  • American Bar Association, Business Law Section
    • Committee on Negotiated Acquisitions
      • Private Target Study Working Group, Mergers & Acquisitions Deal Points Study, 2007-present
  • University Music Society, Board of Directors, 2017-present 

News & Insights

News

Press Releases

Publications

  • Due Diligence and Other Preclosing Matters
    Publication | Buying and Selling a Business in Michigan (Second Edition), Chapter Three, Institute of Continuing Legal Education (ICLE) | Fall 2012
  • Publication | State Bar of Michigan Business Law Section, The Michigan Business Law Journal, Vol. 29, Issue 2, Page 39 |
  • Due Diligence and Other Preclosing Matters, Buying and Selling a Business in Michigan
    Publication | The Institute of Continuing Legal Education, 2nd Edition |
  • Buying and Selling a Business in Michigan
    Publication | The Institute of Continuing Legal Education |

From Chambers USA:

"[Barbara] is very direct and efficient, and has a great bedside manner; she's also very knowledgeable."

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