Canadian Lawyer InHouse

Jun/Jul 2012

Legal news and trends for Canadian in-house counsel and c-suite executives

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LAW DEPARTMENT MANAGEMENT DOLLARS? CAN THE LEGAL DEPARTMENT BRING IN Could a U.S. approach to recovery work in Canada? By Helen Burnett-Nichols In several large U.S.-based corporations, finding and recovering money owed to the business is not only a task for the legal department, but one which has resulted in substantial returns and a higher profile for in- house counsel. Considered to be at the forefront of this concept, DuPont started brand- ing recoveries as a stand-alone initia- tive in 2004, viewing the program as 30 • JUNE/JULY 2012 a structured way to encourage both lawyers and key people in the business to ensure that money or value that was owed to the company was collected, explains David Burt, corporate counsel with DuPont in the United States. DuPont's definition of ery is strict, says Burt, involving any recoupment in the form of cash, prod- ucts or services, or other quantifiable rights for the company or its affiliates a recov- INHOUSE through legal intervention outside of the normal course of business. This can include anything from non-payment or trademark infringement to power outages and goods damaged in transit. Since the program began, Burt says DuPont has seen more than $2 billion in accounted-for recoveries achieved through legal intervention, with the amount exceeding $100 million every year and most matters resolved at little

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