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How AGLA rapidly reversed the damage to one company by using the right corporate structure that helped startup promptly attract $5M in its first funding round.
Client’s corporate structure was established by client’s original counsel. However, it was the wrong structure for a startup company that had multiple investors who were prepared to make significant capital injections and sought a relatively imminent Series A. When client presented the constitutional and draft investment documents to AGLA — prepared by the former law firm — AGLA immediately advised client that they would be taking on partners as opposed to investors and shareholders. AGLA restructured the company with several primary goals, including averting a potential costly dispute and preparing the company as an attractive investment opportunity. When the company completed its corporate restructure, it immediately started receiving large investments . . . and lucrative contracts.
Result: AGLA’s early recognition of the correct type of corporate structure empowered the company to grow timely and smartly, earning the company rapid prominence as a top competitor in its sector
How AGLA counsel helped corporate client avert regulatory fines and enforcement action — including a permanent shutdown — while obtaining regulatory approval and also avoiding lawsuits from customers.
By using deep expertise in more than 100 regulatory actions to mitigate risks and liabilities and convert potential loss to actual gain, AGLA counsel used its signature innovative approaches steeped in experience to take a bold approach. Client had two related businesses — one highly regulated and the other in a non-licensed environment. The regulatory agency charged with oversight of the regulated business issued an ambiguous industry letter that resulted in the non-licensed business losing customers and facing commercial disparagement. Because of AGLA counsel’s deep expertise in reading and applying regulations, in addition to risk management, AGLA counsel determined that the non-licensed business was fully compliant with the law of the regulated industry in which it served as a primary ancillary service provider. Since the regulators were unable to make a formal determination regarding non-licensee’s business activities, AGLA counsel prepared a strategy for both companies that entailed inviting the regulators to the licensed facility to meet about its compliance. In the process, the regulated company showed the regulators its contracts, including those called into question with the unregulated business.
Result: Upon further audit and review of the contracts called into question, the Regulators did not fine the regulated entity. Instead, it found the entity in full compliance and gave the entity resounding approval of its operations . . . and its contracts, including those with the non-licensee ancillary business. This, in turn, resulted in the recoupment of damages for the unregulated company, the restoration of old customers, gain of new customers, and most important, the ability of the unregulated entity to continue as normal with its business activities and grow to achieve the highest market share in its sector.
How AGLA counsel helped a Fortune 100 company identify data vulnerabilities while at the same time slashing its monthly electrical bills by 21% and reducing its carbon emissions by 12%.
Applying expertise in risk management and data privacy audits, AGLA counsel was able to produce the following results for this entity: (1) identified that server racks were facing the wrong direction and reoriented them, which substantially reduced electrical consumption and costs; (2) uncovered network cables discarded under the elevated access floor in the data center; and (3) discovered monumental amounts of data subject to privacy laws that was no longer needed or improperly retained.
Result: Following its audit of client’s facility, AGLA counsel immediately prepared a report and internal correction action plan (CAP) that defined the problem, established the potential scope of the problem, designed a containment plan for immediate implementation (and minimum disruption), uncovered the cause of the problem, created SMART (specific, measurable, achievable, realistic, and timebound) goals, assisted with client’s implementation of the CAP, and followed up with client to conduct final review of operational changes and plan for regular audits. These steps enabled client to significantly reduce its costs and emissions, while shrinking its exposure to risk, loss, and litigation resulting in a net gain for the client.