Michael Durlacher

PARTNER

For nearly 30 years, Michael Durlacher has represented clients and small businesses providing advice and legal services for corporate formation and governance, commercial real estate, real estate finance, construction matter, contract and lease negotiation, M&A, compliance, regulatory and licensing. He serves the needs of their clients, acting as counselor, advocate, negotiator and also mediator. His commonsense approach to the practice of law, real estate and business matters, help us to achieve the best possible objectives for our clients, while keeping legal costs down. He establishes long term relationships with our clients and their business evolving as their needs change. 

 

In addition to assisting clients as outside counsel, Michael has extensive experience as in house counsel and general counsel including publicly traded companies and business in compliance, corporate governance, risk management, board and C-Suite guidance, licensing and regulatory matters, contract negotiation and review. This valuable insight and practical knowledge is applied to help clients achieve practical and efficient strategies and solutions to achieve their needs. Many small businesses regularly consult with Michael on a ongoing basis for general legal advice.   

 

Areas of Concentration:

 

Commercial Real Estate: Purchase, Sale, Construction, Leasing, Condominium Developer,

Residential Real Estate: Purchaser, Sale, Tenant Leases and Tenant Matters

Commercial Finance: Preparation and Review of Bank and Private Party Financing documents; credit facilities and due diligence documents for secured financing. 

Consumer Finance: Compliance, Due Diligence, Vendor Risk Management, Audit Response, Licensing Consumer Litigation defense 

Corporate/Entity Formation: Creation of entities, Operating and Shareholder Agreements, multi-layer company structure

Contract Drafting and Negotiations: Vendor Agreement, SAAS Agreements, Engagement Agreements, Employment Contracts, Partnership Agreements 

Regulatory / Licensing

 

In House / General Counsel:

 

  • Advised board of directors, C-Suite, and executive management on practical and compliance options especially when dealing with contracts, third-party vendor relationships, business transactions, and evolving regulations.
  • Created, monitored, and maintained contract and vendor management system, vendor risk and vendor management program, Contract negotiation and management across multiple lines of business including logistic and shipping for consumer goods.
  • Management or legal and compliance team, company-wide legal and risk assessment, third-party vendor management, due diligence review, contract management, privacy law compliance, SOC2 compliance, fraud mitigation, department oversight, and advising the CEO, executive management, department heads, and the board of directors. 

 

Consumer Finance:

  • Significant expertise and prior experience in federal laws and regulations including CAN-SPAM, EFTA, ECOA, FCRA, FDCPA, GLBA, TILA, TCPA, UDAAP, and other laws affecting consumer credit and lending products, consumer.
  • Established policy and procedures for lending and financial service companies to comply with state and federal law, and managed licensing, registration, and corporate governance for multiple trier company structures and affiliates.
  • Directed reoccurring engagement and supervision of Bank Sponsor Lending Program; duties included regular reporting, policies, and procedures governance, coordination and preparation for FDIC and State Banking Examinations, Safety and Sound Examination, and internal Bank reviews 
  • Development of analytical and automation processes for continued business evolution. Provided licensing, compliance, registration, operational risk, audits, examination response, and management services for company and consumer finance lenders that operated in multiple states with interaction and oversight for day-to-day operations for the company and consulting clients.


Notable Engagements


  • Represented Major Developer Client through all aspects of land acquisitions, land development,, zoning/PUD approvals, multiple condominium building constructions (240 units), unit sales and project turnover.
  • Represented Major Developer on construction defect litigation with multiple parties including subcontractors, manufacturers and materials suppliers resulting in a mediated settlement.

Education


  • ITT-Chicago-Kent College of Law, Juris Doctor, Dean’s List 
  • University of Illinois at Champaign Urbana, Bachelor of Arts, May 1992 / Graduated with High Honors


Admitted


  • Supreme Court of Illinois, 1994
  • United States District Court for the Northern District of Illinois, 1994

Employment History


  • Grogan Hesse & Uditsky; Income Partner, 2024-present
  • Law Office of Michael Durlacher, Founder (2000-2024)
  • Fintech Franchise Network, Chief Legal and Compliance Counsel (2023-2024)
  • FlexShopper (Nasdaq: FPAY), SVP Legal and Compliance (2021-2023)
  • Cash for Whatever, Credit Development Services, Chief Legal Office (2017-2023)
  • All Credit Lenders, Bartlett Management, General Counsel (2010-2017)
  • Law Office of Borek & Goldhirsh, Associate Attorney (1995-2000)