Senior Counsel, Food & Marketing Law
Ferrara Pan Candy Co., Inc.

Job Info

Job Posting Title

Senior Counsel, Food & Marketing LawPosition Summary

Primary Purpose

The Senior Legal Counsel reports to Ferrara's Assistant General Counsel and is responsible for mitigating legal risk across the company in areas such as marketing, advertising and promotions, food law (including product safety, quality and regulatory), and trademarks. S/he serves as the primary legal advisor to the marketing and quality teams, liaising with external counsel as necessary. The Senior Legal Counsel provides advice on a wide variety of legal matters, including marketing law, food law and trademarks, and any disputes or litigation that may arise in these areas. S/he will also be responsible for contracts in these areas. In partnership with internal stakeholders, s/he also establishes internal processes, best practices, training and SOPs.

Candidates must be conscientious, self-starters, able to manage cross-organizational issues in a fast-paced environment.

Major Responsibilities

  • Counsel on food law issues including compliance with labeling, advertising and safety regulations from the Food and Drug Administration (FDA) and the Consumer Product Safety Commission
  • Counsel on advertising and marketing law issues, including
    • advertising review and claims substantiation
    • advertising disputes that may arise under the Lanham Act, as consumer class actions, as competitive challenges in the National Advertising Division (NAD) or otherwise
    • Marketing to children
    • Promotions and contests
    • Social and digital engagement, including influencers
    • Sponsorships and celebrity endorsements
    • Agency and media agreements
  • Oversee trademark portfolio, working with outside counsel and other providers on domestic and international trademark clearance, prosecution and maintenance, and trademark licenses
  • Advise on brand protection, including by overseeing outside vendor that monitors online market places, websites and social media for counterfeit or adulterated products and infringement of Ferrara's trademarks and copyrights; manage litigation in this area
  • Review and analyze legal and regulatory developments and trends and determine potential applicability and impact as necessary
  • Manage outside counsel to ensure Ferrara receives excellent service levels while ensuring costs are within budget
  • Draft, review and negotiate a variety of complex documents and contracts
  • Estimate and help set financial reserves for pending litigation

  • Establish templates and/or other processes, standards and best practices
  • Develop annual strategic plans and goals that align with the overall objectives of Ferrara and the Legal Department
  • Other duties as needed

Competencies/Skills/Knowledge Required

The requirements listed below are representative of the knowledge, skill, and/or ability required.
  • Strong oral and written communication skills with the ability to reduce the complex to understandable actionable steps
  • Intellectual curiosity and strong critical thinking - ask the second question and elicit all relevant facts before making a recommendation
  • Take a sophisticated, risk-based approach when providing legal advice
  • Team player with a strong sense of self balanced with humility and the ability to work effectively across all levels of the organization
  • Embrace and encourage diversity of thought and open expression of ideas and opinions
  • Ability to influence results in a multi-site, multi-state environment
  • Ability to prioritize in a fast-paced organization with multiple demands, demonstrating a sense of urgency when appropriate, but being able to push back when more time is necessary to properly evaluate an issue

Minimum Qualifications
  • Juris Doctor or equivalent degree
  • Admitted to the bar and in good standing in the state of Illinois or another U.S. state and able to "waive" in to Illinois
  • Minimum of 4 years of relevant work experience

Preferred Qualifications
  • 4-8 years of practice at a large law firm or in-house at a food company with experience advising on food law and regulatory, marketing/ advertising law and litigation and/or trademark law

We are proud to be an equal opportunity employer. In order to provide equal employment and advancement opportunities to all qualified applicants and employees, employment decisions and opportunities at Ferrara will be based on merit, qualifications, and abilities, without regard to race, color, creed, religion, sex, sexual orientation, gender identity and expression, marital or civil union status, national origin, ancestry, citizenship, age, military or veteran status, disability, handicap, genetic information, pregnancy (childbirth or related medical condition), or on any other basis prohibited by law. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training.

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