In-house Counsel File: Douglas W. Cherry, Kraft Foods Group, Inc. | Practical Law

In-house Counsel File: Douglas W. Cherry, Kraft Foods Group, Inc. | Practical Law

A profile of Douglas W. Cherry, Chief Litigation Counsel at Kraft Foods Group, Inc.

In-house Counsel File: Douglas W. Cherry, Kraft Foods Group, Inc.

Practical Law Article 2-605-9229 (Approx. 3 pages)

In-house Counsel File: Douglas W. Cherry, Kraft Foods Group, Inc.

by Practical Law Litigation
Published on 01 Apr 2015USA (National/Federal)
A profile of Douglas W. Cherry, Chief Litigation Counsel at Kraft Foods Group, Inc.
Education: 1989: J.D., The University of Michigan Law School; 1986: M.S. (Physics), Vanderbilt University; 1984: B.S. (Physics and Math), Western Kentucky University.
Career in Brief: 1998–present: Kraft Foods Group, Inc. (2006–present: Chief Litigation Counsel; 1998–2006: Senior Trademark Counsel); 1991–1998: The Procter & Gamble Company (held various positions, including Senior Trademark Counsel, Assistant Brand Manager and Senior Counsel, Securities); 1989–1991: Gardner Carton and Douglas, Associate.
Location of Company HQ: Northfield, Illinois.
Primary Industry Sector: Food and Beverages.
Revenues in the Last Financial Year: Approximately $18 billion.
Number of Employees Worldwide: Kraft Foods Group, Inc. is a North American company with 22,500 employees in the US and Canada.
Law Department Locations: Northfield, Illinois; Madison, Wisconsin; Toronto, Canada.
What is the total number of attorneys in the company worldwide, and how many focus on litigation? Kraft has 29 attorneys, and I am the only one focused on general litigation. We have a lean, efficient team with a drive for strong execution, which is consistent with how our company approaches its business. We regularly hire seasoned litigators as contract attorneys, some of whom spend time on-site at Kraft. They have come to know the organization and the food industry well, so they can step in when needed and serve as an extension of our team.
Where does litigation fall within the organizational structure? I report to a Vice President, Associate General Counsel & Chief Compliance Officer, and he reports to the General Counsel of Kraft.
How typical or unique is the scope of responsibilities for the company's litigation attorneys? I handle all litigation except labor and employment and intellectual property matters, which is a common arrangement. Kraft is one of North America's largest food and beverage companies, and its products can be found in 98% of American homes. Given the broad scope of our business, the litigation portfolio is highly diverse. I am never bored.
What is keeping your department's attorneys the busiest at the moment? A hot litigation area for the food industry is defending consumer fraud class actions in California.
Have any recent legal developments changed the way your department operates? E-discovery has become increasingly important. Managing electronically stored information is now a major expense in most cases, so we have enhanced our capabilities and our team accordingly.
What types of issues will cause you to turn to outside counsel? We are leanly staffed, so we use outside counsel for nearly all significant litigation matters. Our entire legal team at Kraft has built strong, collaborative relationships with outside counsel, which has been a great benefit to us.
What types of issues will cause you to push for alternative fee arrangements with outside counsel? I want the best deal for Kraft with respect to each case, which means getting the right expertise and talent at the lowest cost. I believe alternative fee arrangements should be considered for every matter, particularly for cases, or segments of cases, with predictable expenses. Often, however, hourly billing is the best option. The billable hour is not dead, nor should it be, in my opinion.
I often use alternative staffing arrangements, in which we assemble an outside litigation team whose attorneys may come from different firms. This approach provides the flexibility to enhance subject matter expertise, bring in diverse skills and talent, and limit costs by assigning some of the work to less-expensive attorneys.
What three things does a law firm need to do to impress you? Demonstrate good judgment. Know the law. Staff leanly.
Can you describe the career path that led you to become an in-house litigation counsel? I was a trademark attorney for most of the first 17 years of my career, including my first eight years at Kraft. When the Chief Litigation Counsel position opened up in 2006, it sounded like an exciting new challenge, so I pursued it even though I had no significant litigation experience. It was my best career decision, because I love my current job!
If not an attorney, what would you wish to be? Teacher or music composer.
What one piece of advice would you give to prospective in-house litigation counsel? An in-house position is best suited for someone who is good at counseling on more than just the legal aspects of a matter.