Business Structuring

Archer looks holistically at each client.

We provide significant protection when the unexpected arise.

After several years focused on restructuring businesses, and litigating the issues that predicated the need to do so, Archer learned through experience what so commonly befell businesses and used that experience to re-envision how companies can be structured, using its very operational foundations and contractual relationships as a defense to external economic pressures.

Archer includes predictive, anticipatory resolutions, contract terms, and business protocols that address the very types of issues that have devastated our clients’ competitors, creating stronger, more productive enterprises. From first day corporate resolutions to defining, implementing, and refining employment responsibilities, to streamlining operations, to creating tangible performance matrices for C-level executives, Archer works with our clients to build sustainable, viable, and supple businesses, designed to withstand that which others cannot.

Mindful of the economics, Archer looks holistically at each client. A tug-at-the-thread philosophy, Archer sees every department, every employee, every goal as integral to the process and to the solution.

In a charity, setting forth with clarity its procedures, processes, and protocols and functioning within those detailed operational limits is often the bulwark that protects that charity against an IRS audit or governmental inquiry. Broadly defining a charitable purpose or operational sphere allows the fruitful elasticity necessary for the charity to grow into its best path to service to its community and constituents.

In the entertainment business, a grateful newcomer can quickly become a demanding divo or diva and as quickly a hungry has been, and their view of the contract is driven more by what may be next than the right now. Drafting into their expectations, understanding how a differing perspective can so radically change perception, by providing decisive reassurance of terms and obligations can assuage the talent at signing and demarcate their options should circumstances change.

In a restaurant, when and how chips are fried, sandwiches are made, orders are taken, conveyed, and completed, how and when product is delivered to satellite operations all work together to impact the bottom line and the quality of the product offered. Shave pennies per shift, per task, per employee and add literally hundreds of thousands of dollars or more to the annual bottom line. Create and market that quality and the customer base is expanded, its interests peaked. To a micro-cap or small-cap company, that move from break-even to profitable, to resilient, adds sustainable value to stock and provides security to the families that daily rely on its growth and viability.

In negotiating a stadium or arena as a venue for an event, understanding the costs of the site are no more important than the unrestricted presentation of the event, or the costs of cancelling and the passing of the risk of loss. Anticipating and drafting to the possible can provide significant protection to the client should the seemingly unexpected arise.

Representative Cases

Sale of a Pioneering and Unique Consumer Product Company
Understanding the owner’s desire to sell the business, we worked closely with the owner and his executive staff to create visible efficiencies and innovative sales techniques to maximize the sale value of his business. We were then able to effectively generate a bidding war for the purchase of that business. Despite being hit by increasing tariffs, significantly growing competition, and expiring intellectual property, we achieved a 4x purchase.
Breach of Hotel Event Contract
We were retained to negotiate a hotel and event contract with a 5-Star luxury venue. Historically concerned for the client’s ability to perform in such a venue, we worked hard to adjust the contract’s provisions to protect the client’s default, requiring its termination of the contract to trigger the high 6-figure cancellation fees. When the client later could not perform, we instructed the client to continue to boldly act with expectation, causing the hotel to cancel the contract and saving the client the significant non-performance fee. When the hotel then threatened suit, we directed them to the negotiated language and quickly resolved the matter with no further payment.
Resolution of IRS Audit Review of a Church
We were retained as counsel for a worldwide ministry. We instigated a wholesale review and buildout of its governance, its safeguards, and its operation protocols. Subsequently, the IRS commenced an inquiry into the ministry’s operations, including private inurement. We were responsible for the coordination and supervision of the preparation of substantially all the correspondence, filings, and document productions prepared for and submitted to the IRS. Our team successfully negotiated a resolution resulting in the termination of the inquiry, prevention of a full-scale audit, confirmation of the ministry as a church, and a no-change letter for the client.
Resolution of Senate Finance Committee (“SFC”) Review of Several “Televangelist” Churches
We were retained as counsel for a church that was subsequently the subject of an SFC investigation. We attended and led all SFC meetings for the client and were responsible for coordination and supervision of the preparation of substantially all the client’s correspondence, filings, and document productions submitted to the SFC. Based on the aggressive governance and operation protocols we had earlier implemented, we successfully negotiated a resolution resulting in a positive review by the SFC, an early conclusion to the investigation, and no operational or governance changes recommended by the SFC.