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Corporate Asset Affirmative Recoveries

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Diamond McCarthy’s Corporate Asset Affirmative Recovery (CAAR) Practice combines the extensive in-house and outside counsel experience of developing sophisticated methods and programs to protect and recover valuable corporate assets.

The bedrock of our turn-key solution is an advisory service designed through the lens of a corporate legal department.  We apply the experience of successfully developed programs, like the DuPont Legal model, and rely on the skillsets of attorneys with vast capabilities in dispute resolution, including negotiation, arbitration, mediation, and litigation.  We understand that legal departments must be active stewards of commercial assets, and our approach provides the resources and tools to achieve it.

Affirmative Recoveries programs are designed to identify and reduce conflict while nailing down value along the way. When properly implemented, such programs directly align Legal with business objectives by boosting the bottom line, enhancing contract performance, policing and enforcing IP assets, and reducing future conflict with difficult suppliers, customers, contractors, and others.  Through a simple yet systematic approach, a centralized core team regularly identifies where the business is leaking value and applies an efficient means to evaluate and collaborate if a recovery is worth pursuing. CAAR programs rely on the use of early case assessment to understand the dynamics of each dispute, and execute an engagement strategy using the spectrum of resolution methods beginning with the least disruptive, and litigation only if necessary.  The goal is to generate recoveries that mitigate risk and costs while maximizing resources and avoiding distraction.

CAAR programs give the legal department the ability to bring in revenue across different types of quantifiable rights and assets, from cash (royalty payments, settlements, adjustments) to intellectual property rights.  This can offset legal costs and strengthen the department’s access to much needed resources.  As programs build momentum, they enhance Legal’s entire function to the business by establishing a reputation that demands first grade performance from trading partners, suppliers, third parties, and customers while instilling standards and consequences if parties fall short of obligations that are otherwise not excusable.

Diamond McCarthy’s Process:

 

Diamond McCarthy’s Corporate Asset Affirmative Recovery (CAAR) Practice is an advisory based approach that begins with an assessment to identify the potential fit.  An Affirmative Recovery program is not appropriate for every company.  We begin with a three-step process: 

  1. Learn about the company, legal department, and overall business objectives - We place high premium on becoming familiar with the company, its stakeholders, and operations in order to identify potential recoveries and formulate an appropriate strategy
  2. Discuss the different phases, requirements, and expectations of recovery programs with the appropriate in-house counsel, executives, and business leaders
  3. Evaluate whether a program can be designed to a companies needs, or how we can help you add value to an existing program

 

After the initial evaluation, our team will provide an assessment and action plan.  This is done at no cost or obligation to our prospective clients to ensure we can provide a well-defined and measurable solution that makes sense for both sides.  

Each CAAR program will have different needs, objectives, and requirements.  Our number one goal is to provide a toolkit of resources to support the legal department’s ability to successfully manage the program autonomously.  Often this extends far beyond helping to resolve disputes through dispute resolution and litigation.  To support programs in all capacities, Diamond McCarthy has assembled a team comprised of consultants, former in-house counsel, and strategic partners to complement our attorneys’ capabilities with a range of service offerings.