Eric R. Finkelman, Esq.
New York, NY, ***** 914-***-**** ******@*****.*** linkedin.com/in/ericrfinkelman Strategic Executive General Counsel
Consumer Goods Manufacturing Chemicals
Accomplished and outcomes-driven attorney with a proven history as an effective executive leader and General Counsel in the consumer products, manufacturing and specialty chemicals industries overseeing all legal, regulatory, and compliance matters. Adept at leading global strategy to shape discussions around various legal issues; driving business growth; and managing risks to optimal levels. Highly skilled at providing expert legal counsel; reviewing, drafting, and negotiating commercial agreements; and conducting/defending litigation, enforcement actions and other adversarial proceedings. Capable of recruiting, leading, and mentoring top-performing legal and support teams across all functions to ensure high-level client services and legal strategy execution. Talent for building long-standing business relationships with clients, vendors, community partners, executive teams, and project stakeholders at all levels.
Key Ares of Expertise
! Strategic Planning
! EH&S, Regulatory and Compliance
! Contract Negotiation
! Risk Management and Mitigation
! Operational Oversight
! Business Development
! M&A and Corporate Transactions
! Policy Governance and Guidance
! Litigation and Arbitration
! Process Standardization
! External Counsel Management
! Team Building and Mentoring
PROFESSIONAL EXPERIENCE
Benjamin Moore and Co., Montvale, NJ
SENIOR VICE PRESIDENT, GENERAL COUNSEL & SECRETARY (2017 – 2020) Served as member of the senior leadership team, reporting to the CEO, and overseeing all legal and regulatory matters. Led and mentored a team of four attorneys, three legal assistants, and seven members of the Product Stewardship department. Key Projects:
! Effectively defended company by negotiating consent decree with FTC, resulting in FTC’s recognition that Benjamin Moore had acted lawfully with respect to matters alleged.
! Established and served as Chairperson of Data Privacy team, bringing Benjamin Moore into compliance with CCPA and GDPR during rapid expansion of online sales platforms and digital marketing efforts, enhancing data security, and responding to data breaches at company vendors.
! Advised International Sales in expansion into numerous new markets in Europe, Asia, and Australia, establishing new distribution chains and leading Product Stewardship team in successful efforts to register products for lawful sale in these markets.
! Negotiated key supply contract with nationally leading hardware chain, establishing Benjamin Moore as chain’s preferred paint supplier, greatly increasing number of retailers where company’s products are sold, and resulting in 10% increase in revenues and profits to set new company records, despite Covid-19 pandemic.
! Guided Sales team and Supply Chain in compliance with all applicable federal, state, and local orders, rules, regulations, and administrative guidance thorough the Covid-19 Pandemic, enabling Benjamin Moore and its network of independent retailers to remain in operation while protecting the health and safety of workers and employees, and achieving record sales and profits.
! Personally conducted and led multiple internal and external investigations of alleged fraud and violations of company’s Code of Conduct and Ethics.
! Successfully led litigation efforts, resulting in dismissal of several class actions for nominal sums, and successful maintenance of “zero pay” position in asbestos and toxic tort actions, achieving dismissals without pay for all resolved matters.
! Advised on all environmental matters, including potential multibillion-dollar Passaic River Superfund allocation and litigation, resulting in de minimus preliminary allocated liability share, potentially saving company over $10MM in assigned liability.
Eric R. Finkelman, Esq.
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Avon Products (AVP), Singapore and Hong Kong
EXECUTIVE DIRECTOR & GENERAL COUNSEL, ASIA/PACIFIC (APAC) REGION (2014 – 2016) Played key role on Avon’s Global Senior Leadership Team and led provision of all legal services and administration of ethics and compliance policies and procedures for APAC market consisting of Australia, New Zealand, China, Hong Kong, India, Malaysia, Philippines, Singapore, Taiwan and Thailand. Oversaw legal department consisting of nine lawyers and several Senior Managers. Key Projects:
! Coordinated and communicated with Global Legal and Compliance to ensure all standards, policies, and procedures were consistently adhered to and complied with across the region.
! Served as member of APAC Operating Committee and subject matter expert, advising Regional President, GMs, and functional heads in region on all legal operational matters.
! Drafted and negotiated all significant contracts in region, and handled governance matters relating to region’s corporate entities.
! Functioned as in-house attorney for Australia/New Zealand market, advising on all legal matters.
! Managed defense of Avon’s intellectual property against infringement and counterfeiting.
! Ensured implementation of corrective actions related to legal and ethics and compliance issues in the wake of an ongoing Foreign Corrupt Practices Act investigation and monitoring by the US Department of Justice.
! Held lead legal responsibility for special projects, including new market entries and restructuring projects, and counseled HR on regional matters involving potential litigation. COMPLIANCE DIRECTOR, ASIA/PACIFIC REGION (2013 – 2014) Led and administered Avon’s ethics and compliance programs as Chief Compliance Officer in APAC region. Oversaw comprehensive, ongoing process to assess, measure, and evaluate legal compliance risk. Key Projects:
! Delivered counseling and training to local markets in all areas related to ethics and compliance in wake of FCPA investigation by US Department of Justice and Securities and Exchange Commission.
! Streamlined ethics and compliance approval process for retention of vendors and consultants, gifts and hostings, and third-party payments, reducing approval time by over 50%. Sun Chemical Corporation, Parsippany, NJ
VICE PRESIDENT, GENERAL COUNSEL & SECRETARY (2010 – 2013) Chief Legal Officer of world’s leading manufacturer of inks, pigments, electronic materials, and specialty chemicals, with over
$3B in sales annually. Coordinated and communicated regulatory with Senior Management and legal department at parent corporation, DIC, a Japanese conglomerate with headquarters in Tokyo. Key Projects:
! Prepared materials and agendas for Board of Director meetings, drafted board meeting minutes, and attended Audit Committee meetings to ensure compliance of company with J-Sox.
! Led Legal, Environmental, Health and Safety (EH&S), and Regulatory functions worldwide.
! Oversaw mergers and acquisitions throughout world; corporate governance; counseling on wide variety of business, trade, labor and employment, environmental, and regulatory matters; negotiation of global and local contracts; and directed litigation and Sun Chemical’s intellectual property functions.
! Lead lawyer for Sun Chemical/DIC team in negotiations with Samsung at headquarters in Seoul, South Korea of joint development project relating to development of flat panel displays.
! Established business presence in China, setting up Hong Kong holding company and Shanghai trading company, and conducting several acquisitions of local Chinese companies.
! Successfully managed an investigation of company by US Chemical Safety Board and OSHA arising from an explosion at a production facility.
Eric R. Finkelman, Esq.
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DEPUTY GENERAL COUNSEL (2009 – 2010)
Provided guidance and advice on various matters ranging from commercial issues to specialist regulatory and intercompany matters. Assisted General Counsel in management of Legal, EH&S and Regulatory functions. Key Projects:
! Served as member of company’s Ethics and Compliance Committee and lead legal advisor for numerous M&A projects in Europe, Asia, and the Americas.
! Drafted and negotiated variety of commercial contracts and agreements, advised on adversarial and litigation matters, and provided counsel to business leaders in functional and business units on wide-ranging variety of commercial and regulatory issues.
Additional Corporate Experience
Vice President, General Counsel & Secretary; Associate General Counsel; Vice President-Regulatory, Legal Affairs and EH&S of Consumer Care & Colors Divisions of CIBA Specialty Chemicals Corporation, a leading specialty chemicals company with US headquarters in Tarrytown, NY. Member of Top Leadership Team of CIBA Specialty Chemicals AG, Basel Switzerland. Law Firm Experience
Litigation Associate at Chadbourne & Parke, Law Offices of Russel H. Beatie, Jr., and Sage, Gray, Todd & Simms EDUCATION & CREDENTIALS
Juris Doctor
Vanderbilt University School of Law, Nashville, TN; Law Review Bachelor of Arts in Philosophy, Certificate of Proficiency in History and Philosophy of Science, Magna Cum Laude Princeton University, Princeton, NJ
Licensure
Admitted to practice in State of New York, S.D.N.Y and E.D.N.Y Professional Affiliations
Member, Board of Governors, Color Pigments Manufacturers Association, June 1999-2006 Trustee, Delaware Chapter of the Nature Conservancy, 1997-1999 Professional Engagements
Guest Lecturer, Hult International Business School, March 2021 Speaker/Panel Member, Coatings World Expert Panel Webinar: “Conducting Business in 2020, a Year Like No Other” Speaker/Panelist at several Consero and Markus Evans forums for CLOs and Chief Litigation Officers, 2017-2020 Lecturer, ALB SE Asia May 2016Anticorruption Conference (Singapore) on topic “Giving the Gift of Compliance: Global Policies, Local Applications.”
Speaker/Panel Member at Ethisphere Asia 2015 Ethics Summit (Singapore) on topic “Best Practices for Cross-Border Investigations.”
Speaker/Panel Member at ALB Malaysia 2015 In-House Legal Summit on topic “Integrated anticorruption initiatives across ASEAN: Streamlining your policies, training and procedures to negate potential legal risk.” Attendee, 14-day EC Competition Law College, Clare College, Cambridge, UK.