Michael Carlson is a partner in the finance and restructuring group, focusing his practice on financial services. Mike provides comprehensive counseling regarding financial services, data privacy, and payment systems. Prior to joining the firm, Mike served as Vice President and General Counsel of the Minnesota Bankers Association. Mike also teaches as an adjunct professor at Hamline University School of Law. He teaches classes on negotiable instruments, payment systems and regulation of financial institutions.

Financial Services

Mike routinely represents many of the Midwest's largest and most innovative financial service providers. In addition, Mike counsels a number of the region's community banks, thrifts and industrial loan companies.

Mike advises clients on issues relating to holding company regulation and structures, new products, licensing, charters, branching, mergers and acquisitions, regulatory applications with and regulatory matters before the OCC, Federal Reserve Board, FDIC, OTS, and state regulators. His clients in these areas have included community banks in Minnesota and neighboring states, as well as:

• Alerus Financial
• American Express
• Ameriprise
• HMN Financial
• M & I Marshall & Ilsley Bank
• Marquette Financial
• Principal Bank & Principal Trust Co.
• Thrivent
• U.S. Bancorp
• Wells Fargo

Mike assists clients in connection with business planning, formation and chartering of special purpose banking entities such as credit card banks, industrial loan companies and trust companies. His clients in these areas include:

• AgriCredit Acceptance 
• American Express
• Ameriprise Financial, Inc. 
• Money Centers
• Principal Financial Group
• Target Corporation

Retail Product Development and Compliance

Mike's regulatory experience includes advising financial service providers on development and deployment of new products and on regulatory aspects of credit transactions, deposit products, securities activities, affiliate transactions, and privacy. His regulatory compliance experience includes the Truth in Lending Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, RESPA, and more. He has also represented colleges, hospitals, churches and other non-profits with respect to financial privacy, special credit programs and collection matters.

Mike regularly works with clients on a wide variety of payment system issues. His work includes advising financial service providers of all types regarding development, deployment and use of automated clearing house (ACH) systems, wire transfers, stored value products, internet payment mechanisms and financial services kiosks. He also advises clients on money transfer issues, check fraud issues and credit card matters including resolution of disputes with credit card processors and card associations. He has developed and negotiated a wide variety of payment program agreements, including money transmitter agreements, credit card program agreements, stored value program agreements and agreements for the deployment and operation of full service financial kiosks. His clients in these areas include:

• CHS, Inc.
• Gelco Information Network
• Hutchinson Technology
• MoneyGram International
• Regis
• Six Flags
• Speedway/SuperAmerica
• Target
• Upper Midwest Automated Clearing House Association
• US Bank

Mike has also helped develop a number of specialty lending programs including programs involving insurance premium finance and refund anticipation loans.

Finance

Mike's practice also includes representation of institutional lenders in connection with their financing activities. His practice includes representation of: originators; purchasers and services of residential mortgage loans, credit cards, non-residential loans and leases; lessors in middle market and consumer leasing; and lenders in a variety of projects. Mike also represents lenders in loan work-outs and restructurings.

Professional Associations

• Minnesota Bankers Association
• Bank Holding Company Association
• Adjunct Professor of Law, Hamline University School of Law and University of St. Thomas School of Law
• Board of Editors - Privacy & Data Security Review (Published monthly by Sheshunoff Information Services, Inc.)

Presentations

• Financing and Financial Products for Franchisees
  Faegre Franchise Summit (2011)
• Dodd-Frank & Beyond
  Minnesota State Bar Association - Banking Law Institute (2011)
• New Law Series: Financial Reform (Dodd-Frank Act)
  Course Chair, Minnesota CLE (2010)
• The TALF and PPIP Programs
  Wells Fargo Bank, N.A., Corporate Trust Group (2009)
• The Economic Crisis; One Year and Counting
  Course Chair, Minnesota CLE (2009)
• The 6th Annual Banking Law Institute - Financial Services Case Law Development
  Minnesota State Bar Association (2009)
• The Emergency Economic Stabilization Act and the Evolution of TARP
  Wells Fargo Bank, N.A., Asset Stabilization Group (2008)
• The Top 10 List - Payment Systems Developments
  Minnesota State Bar Association/UCC Committee (2008)
• The Emergency Economic Stabilization Act and the Evolution of TARP
  Minnesota State Bar Association - 26th Annual Real Estate Institute (2008)
• TARP
  Minnesota Bankers Association (2008)
• Town Hall Forum: Financial Crisis & Government Intervention
  University of St. Thomas School of Law (2008)
• The Emergency Economic Stabilization Act of 2008
  Minnesota CLE (2008)
• The Emergency Economic Stabilization Act of 2008
  Native American Finance Officers Association (2008)
• Principal Financial Group Financial Services
  CLE (2007)
• Financial Services Case Law Developments—Banking Law Institute
  Minnesota State Bar Association (2006)
• The Future of State Laws & Regulations—Federal Preemption
  American Conference Institute (2005)
• Regulatory Update—Banking Law Institute
  Minnesota State Bar Association (2005)

Legal Updates

• Minnesota's New "Plastic Card Security Act": Forcing Merchants to Step Up or Pay Out
  Privacy & Data Security Law Journal (2007)
• Will E-sign Boost E-Commerce?
  Northwestern Financial Review
• Loan Participations
  Northwestern Financial Review
• Financial Privacy
  Trends
• The Gramm-Leach-Bliley Act, Contributing Author
  Faegre Baker Daniels 
• Minnesota Lending Procedures & Forms Manual, Contributing Author
  Minnesota Bankers Association
• Do Gift Cards Make You a Bank?
  Trends (2004)