Background - Practices (Details)



When businesses are victimized by the illegal acts of competitors, vendors, or strategic partners — or are overcharged by U.S. or foreign governments — they must walk a fine line in their reactions. An inadequate response can mean the loss of substantial amounts of money and a failure to represent the interests of shareholders. Acting too quickly or aggressively can threaten important relationships with suppliers, customers, and other business partners, as well as with international, federal, and state regulatory agencies.

Crowell & Moring is an innovator in the practice of proactively identifying and successfully pursuing opportunities for our corporate clients to recover money owed to them. On behalf of companies such as AT&T, Caterpillar, DuPont, Motorola, Bridgestone Tire, GM, FMC, Lubrizol, United Technologies Corp, and Novartis Group, we have obtained hundreds of millions of dollars that translate directly to our clients' bottom lines. Here is what some of our clients have said about our team:

"The Crowell lawyers brought us the recovery opportunity and then recovered millions of dollars for us. They know how to do this right." 
— AT&T General Counsel

"The Crowell & Moring lawyers are a key part of our recovery strategy. They not only help us get our money, but they know how to work with our suppliers so that we retain valuable supplier relationships throughout."
— DuPont Senior Vice President and General Counsel

We provide our clients with sophisticated alternatives to the class action approach, often achieving recoveries through negotiation, arbitration, and litigation as much as ten times more than the class recoveries. These alternatives maximize recovery based on a balanced and tailored approach that demonstrates resolve and commitment to results, while at the same time maintaining important commercial relationships with actual or potential suppliers. In fact, we have been able to turn most recoveries into "win-win" situations for our clients and their key suppliers.

Our recovery practice is focused on several key areas, including antitrust, intellectual property, government contracts, U.S. and EU Customs/international supply chain, and tax. Working closely together, lawyers from these and other Crowell & Moring practices provide cross-disciplinary counsel that can result in positive client outcomes. For example, we have recently helped clients recover hundreds of millions of dollars in litigation involving price-fixing and cartel activity in the DRAM and LCD class actions.

Our solutions are also global in nature; for example, for domestic clients we regularly seek recovery opportunities beyond the borders of the United States. With offices in London and Brussels, and a network of local legal counsel and other experts worldwide, we have sophistication and experience in numerous foreign courts and international tribunals. For example, we were one of the first firms to bring recovery actions before the U.K. Competition Appeal Tribunal and the U.K. High Court. Our successes across multiple practices and around the world have made Crowell & Moring one of the global leaders in recovery litigation.