In-house Counsel File: Kristy Meringolo, Avon Products, Inc. | Practical Law

In-house Counsel File: Kristy Meringolo, Avon Products, Inc. | Practical Law

A profile of Kristy Meringolo, Chief Litigation Counsel at Avon Products, Inc.

In-house Counsel File: Kristy Meringolo, Avon Products, Inc.

Practical Law Article w-001-8184 (Approx. 3 pages)

In-house Counsel File: Kristy Meringolo, Avon Products, Inc.

by Practical Law Litigation
Published on 01 Apr 2016USA (National/Federal)
A profile of Kristy Meringolo, Chief Litigation Counsel at Avon Products, Inc.
Education: 2006: J.D., Fordham University School of Law; 2002: B.A., University of Michigan.
Career in Brief: 2011–present: Avon Products, Inc. (2013–present: Chief Litigation Counsel; 2011–2013: Compliance Counsel, Anti-Corruption); 2006–2011: DLA Piper LLP (US), Associate.
Location of Company HQ: New York, New York.
Primary Industry Sector: Beauty.
Revenues in the Last Financial Year: Approximately $6 billion.
Number of Employees Worldwide: Approximately 30,000.
Law Department Locations: New York, New York and multiple locations worldwide.
What is the total number of attorneys in the company worldwide, and how many focus on litigation? Avon’s Global Legal Organization employs about 100 attorneys. Seven attorneys are dedicated to litigation full-time, but many other attorneys and legal professionals support Avon’s litigation matters as part of their overall responsibilities. For example, we rely heavily on the subject matter expertise of our business and in-market attorneys to assist with, and many times lead, litigation matters.
How typical or unique is the scope of responsibilities for the company’s litigation attorneys? We work on a variety of litigation matters at any given time, providing counsel and representation for litigation ranging from large class actions and shareholder derivative suits to employment, intellectual property, and other general commercial litigation matters. Our attorneys also engage in preventative counsel and training, incorporating legal risks and trends to address issues prospectively.
What is keeping your department’s attorneys the busiest at the moment? The attorneys in our Global Legal Organization are busy supporting Avon through a complex transformation plan, including Avon’s recently announced strategic partnership with Cerberus Capital Management, L.P. Our attorneys have partnered with our clients on every aspect of the transformation, from evaluating opportunities for restructuring our internal operations to assessing options for improving business performance.
Have any recent legal developments changed the way your department operates? We are evaluating whether to make any modifications to our approach to e-discovery in light of the latest amendments to the Federal Rules of Civil Procedure. Recently, we added to our team a position dedicated to supporting Avon’s discovery efforts, with a view toward becoming more self-sufficient internally.
What types of issues will cause you to turn to outside counsel? Although we try to resolve many pre-litigation and smaller claims internally, we typically partner with outside counsel in connection with all major litigation matters and investigations. We remain most closely involved in the cases that are most important to the company.
What types of issues will cause you to push for alternative fee arrangements with outside counsel? Our priority is obtaining quality, cost-effective representation, regardless of the fee arrangement. Although fixed fee arrangements can be successful in some circumstances, particularly where the services are predictable and routine, they might have a dilutive impact on the quality of representation. We have found other ways to increase outside counsel’s visibility and efficiency, such as by requiring more frequent communications on staffing, budget, and forecasting issues. Nevertheless, we remain open to other types of alternative fee arrangements, such as fixed fees for particular components of a matter, success fees, blended rates, and contingency fees.
What three things does a law firm need to do to impress you? First, be a true partner and think strategically about the big picture goals and risks for our company and brands. This entails having a deep understanding of Avon’s unique business model and assessing holistically the impact of decisions in litigation. Also, counsel with integrity and be respectful of everyone in our organization, regardless of seniority.
Second, collaborate effectively. For complex litigation, we might use a “virtual law firm” approach, meaning we rely on the expertise of individual attorneys from different firms to provide high-quality and cost-effective representation. Our outside counsel should be comfortable working with attorneys from other firms, so that our clients receive the benefit of unique and varying perspectives, and the best strategic thinking.
Third, be responsive and aware of our time pressures. As in-house counsel, I often need “gut check” advice. I do not have time to wait for a firm to spend hours doing research before responding. Outside counsel should have the requisite skill, expertise, and depth to provide accurate and practical advice that I can implement quickly.
If not an attorney, what would you wish to be? An architect. As much as I love to deconstruct the past in litigation, I also really like to plan for the future. Like an attorney, an architect evaluates options, brings things together, and creates solutions.
What one piece of advice would you give to prospective in-house litigation counsel? Take every opportunity presented to you, even if outside your comfort zone, to learn and develop professionally. Strive to find the right balance between being stretched professionally and being supported by great mentors and colleagues.