Affirmative Recovery Programs

We help our in-house legal departments and others identify and recover on existing, legitimate legal claims and mitigate against future losses.

A thoughtful and comprehensive affirmative recovery program can help legal departments generate revenue for their clients, rather than acting solely as a cost center. And companies without in-house legal departments should also explore whether they are failing to pursue valuable claims, potentially leaving material amounts of revenue on the table.

We work with clients to construct a comprehensive affirmative recovery program that (1) identifies potential claims; (2) assesses recovery opportunities; (3) executes a recovery plan; and (4) mitigates against future losses. With our flexible rate structure, we can often pursue these claims with no cost to the company. We therefore are able to pursue claims for our clients that might otherwise be abandoned by an over-worked legal department or by concerns over applying limited resources to affirmative recover efforts.

Our affirmative recovery program can help our clients with recovery efforts that relate to:

  • Business interruption from a wide variety of third party causes

  • Recovery of insured losses

  • Contractual indemnity

  • Breach of warranty

  • Supply-chain disruption

  • Intellectual property misappropriation

  • Class-action opt out

  • Professional negligence

  • Antitrust violations by competitors or others

  • Wrongful solicitation of customers or employees

  • Misrepresentations in competitors’ advertising

  • Re-negotiation of third-party professional fees

  • Unexpected tax assessments

Businesses interested in discussing affirmative recovery programs or claims should contact our experienced attorneys for a consultation.