The DuPont Company enters into countless commercial transactions on a daily basis. Often these transactions can result in exploitation or misuse of DuPont’s assets. The Recovery Initiative, designed by DuPont Legal, seeks to more aggressively protect these assets while prioritizing identification and pursuit of legitimate claims.
A “Recovery” is defined as any recoupment in the form of cash (royalty payments, settlements, adjustments), products, services or other quantifiable rights obtained for DuPont or its affiliates through intervention of legal professionals outside of the normal course of business.
Recovery opportunities can be found in anything that impacts business profitability. That includes any breach of contract, e.g.,
- Customer’s failure to meet purchase requirements
- Supplier poor performance
- Interest on late payments
- Rebate violations
- Collecting past due payments
- Overpayments/overbilling
Opportunities also can be found in patent and trademark infringements, product counterfeiting, and other intellectual property violations. DuPont is not necessarily seeking candidates for litigation. Many recoveries are successfully resolved through negotiation and arbitration.
While DuPont’s Recovery Initiative is a collaborative effort between its business units, the finance function and legal, the role of the commercial attorney assigned to the business unit is crucial. The commercial attorney’s role is to identify recovery opportunities, help decide whether or not to pursue the opportunity, and resolve the conflict or dispute in a manner beneficial to DuPont. |
