|
202-293-1556 (Office - DC)
202-785-5605 (Fax - DC)
314-615-6295 (Office - SL)
314-615-6001 (Fax - SL)
 VCard
This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
Areas of Practice:
Antitrust
Commercial Litigation
Hospitality and Leisure
Non-Competition, Non-Solicitation and Non-Disclosure Litigation
Regulatory and Compliance Law
RICO
Securities
Securities Litigation
Bar Admissions and Professional Affiliations:
American Bar Association, Litigation and Securities Litigation Divisions
Illinois State Bar Association
The Missouri Bar
Bar Association of Metropolitan
St. Louis
The District of Columbia Bar
Maryland State Bar Association, Inc.
The Association of the Bar of the United States Court of Appeals for the Eighth Circuit
Various U.S. District Courts
Securities Industry and Financial Markets Association – Compliance & Legal Division
Prior Professional Experience:
Holland & Knight LLP, Washington, D.C. (2003-2008)
National Coordinating Partner, Litigation, Marriott International, Inc.
Bryan Cave LLP, St. Louis, Missouri (1996-2003)
Executive Committee Client Service Group Leader, Commercial Litigation
Clerk, Chief Justice, Illinois Supreme Court (1979-1981)
Education:
University of Illinois College of Law at Urbana-Champaign, Illinois, Juris Doctor, 1979
University of Illinois at Urbana-Champaign, Illinois, B.A., Highest Distinction in Political Science, 1972
|
Mr. Archer practices in the areas of complex commercial litigation including hospitality, securities, securities regulatory and enforcement, antitrust and professional negligence/malpractice defense.
Mr. Archer has significant experience representing clients in financial fraud, breach of fiduciary duty and breach of contract and warranty claims, the defense of claims of illegal conspiracies in restraint of trade, class action and multi-district litigation and director and officer liability litigation. He has tried various cases to judgment or verdict before numerous federal and state courts and alternative arbitral forums.
Some of Mr. Archer's representative client engagements have included the following:
- Representation of an international hotel and hospitality company in claims and litigation commenced by ownership REIT(s) alleging mismanagement, breach of fiduciary duty, fraud and breach of contract arising from hotel operations and financial audit and accounting issues.
- Successfully defended an international hotel and hospitality brand management company in litigation and claims alleging mismanagement and breach of duty regarding the delayed opening of a new luxury branded resort in the Southwestern United States. Specific issues included alleged deficiencies in design and construction, claims of improper marketing practices, issues concerning deficient Uniform System accounting, and alleged faulty operating procedures.
- Represented global hotel timeshare developer in the defense of civil claims and criminal law enforcement inquiries concerning allegedly fraudulent and deficient sales practices. Advice included recommendations to improve compliance procedures and limit future contingent risk exposure.
- Successfully defended hospitality client against claims that the use of system-wide processes for preparation of annual resort projections resulted in deficient and under-stated financial predictions for purposes of satisfying a related contract performance test.
- Advised a global hospitality client concerning claims related to potential termination of a long term luxury hotel management agreement for alleged failure to meet performance standards. Specific disputes included the timing and required frequency of cure payments.
- Successfully defended hotel manager against claims that it was required to seek ownership input and approval of specific proposed compensation structures and strategies under a long term management agreement at a hotel which was subject to potential union organization efforts.
- Successfully defended an international hospitality client in litigation asserting fraud and breach of contract arising from the cancellation of a first-of-its-kind, historic, limited service development in South Beach, Florida. Issues included the timing and processes used to award a franchise and related UFOC disclosure claims. Advice included recommendations to improve procedures for franchise issuance to limit future contingent risk exposure.
- Representation of an international bank and trust company in transnational, federal and state securities law and common law claims, including international liquidation proceedings, arising from the failure of a Bahamian hedge fund-of-funds.
- Defense of a senior corporate executive of an international investment company complex in regulatory investigations concerning soft dollar, revenue-sharing primary and secondary violations of the Investment Company Act and Adviser's Act.
- Defense of a multi-year collateral federal criminal investigation and formal SEC investigation into allegations of yield-burning and improper political contributions by senior executives in the then-largest Oklahoma-based municipal bond business.
- Coordinating counsel for the defense of multi-state civil litigation commenced against a registered broker-dealer by public bond issuers claiming fraud and seeking disgorgement of secret profits from municipal bond GIC and escrow funding.
- Representation of accountants and lawyers from claims of professional malpractice and/or breach of fiduciary duty in connection with allegedly incorrect tax advise, auditing errors, and negligent bankruptcy representation.
- Defense of Delaware corporate law claims for indemnity and attorney's fees brought against NYSE broker-dealer arising out of litigation involving dismissal of senior vice-president/director of public parent and holding company.
- Defense of outside directors and attorneys/law firm in collateral SEC and federal criminal investigations and related class and civil litigation concerning a failed Midwestern thrift institution.
|
