In-house Counsel File: Silvio J. DeCarli, DuPont | Practical Law

In-house Counsel File: Silvio J. DeCarli, DuPont | Practical Law

A profile of Silvio J. DeCarli, Associate General Counsel and Chief Litigation Counsel at DuPont.

In-house Counsel File: Silvio J. DeCarli, DuPont

Practical Law Article 5-560-9486 (Approx. 3 pages)

In-house Counsel File: Silvio J. DeCarli, DuPont

by Practical Law Litigation
Published on 15 Mar 2014USA (National/Federal)
A profile of Silvio J. DeCarli, Associate General Counsel and Chief Litigation Counsel at DuPont.
Education: 1983: J.D., Rutgers School of Law — Newark; 1976 and 1971: M.S. and B.S., Rensselaer Polytechnic Institute.
Career in Brief: 1993–present: DuPont (2008–present: Associate General Counsel and Chief Litigation Counsel; 1993–2008: Corporate Counsel); 1983–1993: Carpenter, Bennett & Morrissey (1988–1993: Partner).
Location of Company HQ: Wilmington, Delaware.
Primary Industry Sector: Market-driven science products and services.
Revenues in the Last Financial Year: $35.7 billion.
Number of Employees Worldwide: 70,000.
Law Department Locations: Wilmington, Delaware and multiple other locations worldwide.
What is the total number of attorneys in the company worldwide, and how many focus on litigation? DuPont has just over 200 attorneys, with 20 focused exclusively on litigation.
Where does litigation fall within the organizational structure? We have a centralized Legal Function, and I report directly to DuPont's Senior Vice President and General Counsel, Tom Sager.
How typical or unique is the scope of responsibilities for the company's litigation attorneys? We have subject matter experts in fields such as intellectual property, labor and employment, toxic tort and antitrust. But beyond substantive expertise, our attorneys are expected to function as valued partners to the businesses they serve and support. In addition to managing litigation, their unique value lies in crafting solutions to problems in a way that furthers business goals and objectives. Working with their commercial colleagues, our litigators continually provide proactive and preventive advice and counsel to our businesses.
What is keeping your department's attorneys the busiest at the moment? As a 212-year-old company, we frequently face challenges related to our historical operations and manufacturing sites. But as DuPont transitions to a sharper focus on tackling global needs for food, energy and protection, our attorneys face new and varied challenges. These include protecting our valuable intellectual property and operating worldwide in an increasingly complex regulatory environment. Meeting these challenges can at times be unsettling, but in the long run should be stimulating and rewarding.
Have any recent legal developments changed the way your department operates? The one constant in the legal profession is change, to which we must adapt. In addition to keeping current with new laws, regulations and legal theories, our attorneys must ensure that we deliver cost-effective legal services to our clients. The recent expansion of e-discovery, for example, caused us to focus internal resources on managing that process. We did this by forming a "Discovery Excellence Center," which has greatly systemized and streamlined our entire discovery process, from retention to collection, analysis and production.
What types of issues will cause you to turn to outside counsel? Given the national — and now international — scope of our litigation, we infrequently staff active litigation internally.
What types of issues will cause you to push for alternative fee arrangements with outside counsel? We want to pay for value delivered, not mere activity. Therefore, a steadily increasing percentage of our matters are now handled through alternative billing arrangements, from straight contingency fees to holdbacks tied to success fees. We consider any arrangement that aligns the law firm's interest with our own, and we are not shy in engaging our firms in those conversations. It helps, of course, that we have long-standing relationships with our primary law firms, so they understand we are striving for true "win-win" arrangements.
What three things does a law firm need to do to impress you? Demonstrate a true and lasting commitment to our company and its interests, even if it means quick resolution of a particular matter. Engage the firm's most appropriate attorneys for a given matter, those who can understand complex scenarios but articulate them simply and persuasively. Appreciate the role of in-house counsel in sharing responsibility for key strategic and tactical decisions.
Can you describe the career path that led you to become an in-house litigation counsel? Although I found my time in private practice rewarding, I could not pass up the opportunity to participate in cutting-edge legal work at a company that I admired and respected.
If not an attorney, what would you wish to be? I have always admired teachers. The opportunity to help shape young minds, and in turn to be stimulated by their enthusiasm, is very appealing.
What one piece of advice would you give to prospective in-house litigation counsel? Look for a company that sees its in-house attorneys as key and valued business partners.