In-house Counsel File: Russell S. Bonds, The Coca-Cola Company | Practical Law

In-house Counsel File: Russell S. Bonds, The Coca-Cola Company | Practical Law

A profile of Russell S. Bonds, Senior Managing Counsel, Litigation at The Coca-Cola Company.

In-house Counsel File: Russell S. Bonds, The Coca-Cola Company

Practical Law Article 9-549-6345 (Approx. 3 pages)

In-house Counsel File: Russell S. Bonds, The Coca-Cola Company

by Practical Law Litigation
Published on 01 Dec 2013USA (National/Federal)
A profile of Russell S. Bonds, Senior Managing Counsel, Litigation at The Coca-Cola Company.
Education: 1994: J.D., The University of Georgia School of Law; 1990: B.S., The Georgia Institute of Technology.
Career in Brief: 2002–present: The Coca-Cola Company (2011–present: Senior Managing Counsel, Litigation; 2009–2011 and 2002–2007: Litigation Counsel; 2008–2009: Coca-Cola FoodService, Coca-Cola North America, Counsel); 1995–2002: Sutherland Asbill & Brennan LLP, Associate; 1994–1995: US Court of Appeals for the Eleventh Circuit, Judicial Law Clerk to the Honorable Joel F. Dubina.
Location of Company HQ: Atlanta, Georgia.
Primary Industry Sector: Non-alcoholic beverages.
Revenues in the Last Financial Year: $48 billion.
Number of Employees Worldwide: 150,900.
Law Department Locations: We have attorneys in more than 40 countries, including offices in Atlanta, London, Berlin, Mexico City, Rio de Janeiro, Tokyo, Shanghai, Delhi and Dubai.
What is the total number of attorneys in the company worldwide, and how many focus on litigation? There are 240 attorneys worldwide, with five specializing in litigation.
Where does litigation fall within the organizational structure? Litigation is a separate group within the company's Legal Division. We also have one litigator resident in our North America Group.
How typical or unique is the scope of responsibilities for the company's litigation attorneys? Our litigators have a fairly typical slate of responsibilities, but we all cover a wide variety of subjects and often collaborate with legal specialists in other areas, such as food law, environmental and marketing. One of the Litigation group's most important responsibilities is counseling our clients on risks, threats and emerging trends to ensure they understand how the prospect or pendency of litigation should inform their decision making.
What is keeping your department's attorneys the busiest at the moment? Like most food and beverage companies these days, we are seeing a number of purported class actions involving false advertising. We also have a fairly consistent docket of intellectual property cases, including, from time to time, matters where the company is the plaintiff seeking to enforce or protect its copyright, trademark or patent rights.
Have any recent legal developments changed the way your department operates? Since 2005, our Legal Division has prioritized diversity. While this initiative has not changed our operations, it has enhanced our relationships with minority- and woman-owned law firms and suppliers and ratcheted up our expectations of law firm partners to ensure they offer opportunities for diverse attorneys. The result is that we are working with an extremely diverse and exceedingly talented group of outside counsel from both large and small firms.
What types of issues will cause you to turn to outside counsel? We use outside counsel for most major litigation matters, including commercial litigation, intellectual property cases and class action work.
What types of issues will cause you to push for alternative fee arrangements with outside counsel? In recent years, we have tried a number of alternative fee arrangements in a variety of cases, with mixed results. The details of the arrangement are critical to its success. I have found that a flat fee number by phase of litigation, such as a motion to dismiss, document discovery, expert reports and depositions, is the easiest to implement because it gives us at least a measure of budget certainty in a given month or quarter.
What three things does a law firm need to do to impress you? First, show real dedication to representing our company. In addition to zealous advocacy, this means having a detailed knowledge of our company and industry and a clear understanding of our priorities and goals. Second, work closely with me to bring as much predictability and financial certainty as possible to what is by its nature a very unpredictable business. This includes careful budgeting, lean staffing, constant adjustments and no surprises. Finally, be responsive. I expect firms to give our matters top priority and I prefer attorneys who answer their own phones.
Can you describe the career path that led you to become an in-house litigation counsel? I followed a traditional path. After a federal clerkship, I joined the litigation practice of a large firm where I handled a wide variety of matters, which prepared me well for my current role. While at the firm, I worked for Coca-Cola on a dispute over bottling rights in the Middle East and joined the company shortly after the matter concluded. As an Atlanta native, I feel like I get to play for the home team.
If not an attorney, what would you wish to be? A writer. I have published two Civil War history books and a number of reviews and articles. I would write more if I had the time.
What one piece of advice would you give to prospective in-house litigation counsel? Stay focused on your client's business goals and on your role as a problem-solver for the business. Litigators often get caught up in a win-at-all-costs mentality and lose sight of the potential for negotiated solutions to avoid litigation. Keep in mind that, from a business perspective, a negotiated solution is preferable because litigation is disruptive, risky, expensive and generally bad for business.