Many corporations and governmental entities look to their counsel to assist not only with loss avoidance, but also with revenue enhancement. Ballard Spahr has a team dedicated to helping legal departments seek to identify cost-effective ways to generate revenue while remaining sensitive to business relationships.
Our approach is based on the success our litigators have achieved in obtaining recoveries for clients combined with the nationally recognized in-house loss recovery model developed by our colleagues—former DuPont General Counsel Tom Sager and former DuPont Chief Litigation Counsel Justin Miller.
We help clients identify situations that may qualify for recovery efforts, assess the opportunities, and create and execute strategies designed to achieve a favorable return on investment. We focus on learning the client's business, working to establish a pipeline of opportunities through a collaborative, data-driven process, and working with in-house resources whenever possible.
Opportunities for recovery can arise in a variety of legal areas, including antitrust, commercial contracts, intellectual property, environmental remediation, bankruptcy, and insurance, as well as under general contract and tort law. Such efforts can—but need not—involve litigation.
Antitrust Plaintiffs’ Litigation
We are experienced in representing plaintiffs in antitrust cases, including the $500 million settlement obtained in 2014 for plaintiffs ZF Meritor and Meritor Transmission. Our antitrust experience includes actions related to price-fixing and monopolization.
Our attorneys represent creditors—secured and unsecured—in or out of formal bankruptcy proceedings. Ballard Spahr's broad geographic reach (15 offices across the United States, including Wilmington, Delaware, and New York City) allows us to represent clients in the primary bankruptcy venues, as well as in many other jurisdictions. Our team provides a resource that works with representatives on the business or credit side to develop approaches to troubled accounts and business arrangements.
Commercial Contract Enforcement
We work with in-house counsel to review client contracts for value and thwart attempts to derail expectations. At any stage in the life cycle of a deal, our lawyers possess the creativity and acumen to enhance client options.
Our environmental litigators have recovered millions of dollars from parties responsible for contamination, using tools available under the federal Superfund law and similar state laws, as well as forensic investigation techniques. We also have extensive experience in contractual recoveries, including obtaining damages for breaches of environmental representations and warranties.
Our insurance coverage attorneys have decades of experience pursuing recoveries under all types of policies, including cyber, D&O, E&O, and CGL. When coverage is being placed or renewed—or during the pendency of a policy, if the circumstances warrant—we advise clients on the strength of existing policies and those under consideration. We also have significant experience with claims against insurers in receivership.
Intellectual property law presents an opportunity to protect and monetize assets. Patents may constitute both proactive and defensive assets. Our counselors and litigators work with technology and commercial personnel on the best ways to monetize patents. We also help clients protect their competitive advantage by defining and enforcing their trademarks and trade secrets.
Jay N. Fastow