Overview
Michael D. Makofsky is a Principal at McCarthy Lebit. He represents diverse businesses in transactional, day-to-day industry matters including those businesses who are selling, acquiring, reorganizing, or merging. Michael assists clients in all aspects of complex mergers and acquisitions (M&A), such as structuring the transaction, performing due diligence, securing financing relationships, negotiating terms and documenting transactions. He also works closely with angel and venture capital funds, corporate strategic investors, family offices and other institutional investors structuring investments and transactions. He works to provide practical counsel designed for the unique needs of emerging growth companies.
Michael also represents a broad range of financial institutions and financial service providers, including banks, commercial finance companies, mezzanine and specialty lenders. Michael counsels borrowers, agents and syndicate members in commercial finance transactions ranging from large transactions to single-lender, single-borrower transactions. He has significant experience in asset-based lending, cash flow lending, multi-state, multi-currency and cross-border secured financing, financing secured by unusual types of collateral, ESOP loans, letter of credit facilities, health care financing, bond financing, and other capital transactions.
Awards
- Ohio Super Lawyers®, 2023-2024
- The Best Lawyers in America©, 2021-2024
- Crain’s Cleveland Business 40 under Forty, 2011
Affiliations
- Alliance of M&A Advisors, Board Member
- Association for Corporate Growth (ACG), Cleveland Chapter, Member
- Ohio State Bar Association, Member
- Cleveland Metropolitan Bar Association, Member & Chair of Business Law Section
Articles
- "Minimizing Tax Risks a Key Part of Structuring a Successful Deal," Crain's Cleveland Business, January 2024
- "Want to Sell Your Business? Here’s Where to Start," McCarthy Lebit's The More Report, October 2023
- "Cratered! Why Did My M&A Deal Fail to Close?," McCarthy Lebit's The More Report, August 2023
- "Want to Sell Your Business? Here's Where to Start," Crain's Cleveland Business, January 2023
- "What to Know Before Signing a M&A Term Sheet," McCarthy Lebit's The More Report, March 2022
- "M&A Players Must Adjust Their Mindsets in the COVID-19 Era," Crain's Cleveland Business, July 2020
- "Cybersecurity Assessment an Essential Part of Due Diligence," Crain's Cleveland Business, January 2020
- "What Does the Phase-Out of LIBOR Mean to Your Business," Crain's Cleveland Business, December 2019
- "Phase-Out of LIBOR: What It Means for You," McCarthy Lebit's The More Report, July 2019
- "Understanding the Capital Stack in an M&A Transaction," Crain's Cleveland Business, January 2019
- "Special Purpose Vehicles: A Solution For Too Many Investors?," McCarthy Lebit's The More Report, July 2018
- "How to Determine the Best Structure for the Sale of Your Business," Smart Business Magazine, May 2018
- "Employee Considerations in a Transaction," Crain's Cleveland Business, January 2018
- "Proper Planning is a Critical Piece to a Successful Business Sale," Smart Business Magazine, May 2017
- "Variations to Traditional Sale Offer Additional Benefits," Crain's Cleveland Business, January 2017
- "Proper Planning Can Lead to Successful Business Sale," Crain's Cleveland Business, December 2016
- "Before You Sign on Dotted Line, Address Post-Closing Obligations in a Business Sale," Crain's Cleveland Business, January 2016
- “It’s All In The Details – How Small Matters Can Greatly Affect Your Transaction,” Crain's Cleveland Business, January 2015
- On Line Trading and Investor Education, CrainTech.com, Summer, 2002
Presentations
- The Law & COVID-19: A small business's Q&A on matters of Employment, Finance & Real Estate, Greater Cleveland Partnership, April 2020
- Capital Financing Solutions, Cleveland Accounting Show, October 2013
Client Testimonials
"As an aggressive entrepreneur, I was looking for legal counsel that could adapt and adjust to the fast-paced nature of our business. McCarthy Lebit Delivers just that. When I trust an issue to Mike Makofsky or his partners, I know it's handled. I don't even have to think about it." Evan Schumann | President & CEO, L'uva Bella Winery & Brands
"As our trusted advisor, Mike Makofsky's advice and experience is critical to the success of our company. He has supported us through our evolution from a start-up to a growing enterprise. His high-quality legal expertise and his interest in understanding our business goals absolutely results in better outcomes for us." Don Greenberg | CEO, The 72 Chocolate Collection
"Mike and his staff helped with all aspects of selling our business and industrial estate associated with the business. They were easy to work with, thorough, and took great care to explain and look out for our best interests. Mike was always prompt and readily available." Mike Hawk & The Hawk Family | Die Co., Inc.
Practice Area(s)
Education
Admissions
U.S. District Court, Northern District of Ohio
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