General Counsel

Momofuku was founded by chef David Chang in 2004 with the opening of Momofuku Noodle Bar in New York City. Credited with “the rise of contemporary Asian-American cuisine” by the New York Times and named the “most important restaurant in America” by Bon Appétit magazine, Momofuku has opened restaurants in the United States, Australia, and Canada. The restaurants have gained world-wide recognition for their innovative take on cuisine, while supporting sustainable and responsible farmers and food purveyors.

The General Counsel is responsible for the planning and execution of multiple projects. The manager is expected to liaise with internal departments and restaurant operators, present to leadership, foster and maintain relationships with external consultants (outside counsel, accountants, insurance broker/risk manager), vendors, joint venture partners, trademark and restaurant licensees, and landlords, as well as utilizing a keen business sense and project management skills to drive key initiatives and brand success. The ability to ensure timely and effective communication both internally and externally, manage expectations, and prioritize will be an essential part of this role.

Responsibilities

Lead all strategic legal initiatives including (1) leases, joint venture agreements, restaurant management agreements, consumer packaged goods contracts, franchising agreements, licensing agreements (2) fundraising (3) entity structuring and/or restructuring (4) asset purchases and/or sales (5) corporate governance and compliance and (6) significant litigation.

Manage the following and serve as main point of contact for all day-to-day legal initiatives with internal departments (operations, CPG, brand/marketing, finance/accounting, tech and human resources) and restaurant management:

Existing Operations – Serve as legal department representative to Home Base departments, CPG team, restaurant leadership, and outside vendors on day-to-day management; negotiate restaurant, CPG, and office level contracts, prepare contract termination notices, field any day to day contract questions from Home Base, CPG team, and restaurant management; lead ad hoc projects requiring significant legal input (e.g., obtaining sidewalk seating license) and research and respond to general legal questions from Home Base staff, CPG team, and/or restaurant management (re: ABC Laws, FDA laws, general business inquires); assist with resolving restaurant level violations (FDNY/DOH); maintain liquor licenses. Serve as legal liaison to CPG team, assisting with negotiations with co-packers, ingredient suppliers, 3PLs, distributors, and retailers. Coordinate with external experts to ensure compliance with federal and state labeling requirements. Work with CPG operations and accounting teams to understand rights and remedies in the event of potential issues with partners, and provide recommendations as to potential courses of action.

New Development – Serve as legal department representative for restaurant opening task force team; lead negotiations of new vendor agreements and construction related legal documents for restaurants in development; structure new business (e.g. catering, consulting, etc.); prepare and present summaries of deals and vendor agreements to Home Base and restaurant management; serving as point of contact for all inbound opportunities and LOIs in negotiation. As CPG business grows, lead negotiations of licensing and joint venture deals with third parties, coordinating with relevant internal teams (accounting, CPG operations, etc.) as needed. Create summaries of relevant deal terms for internal team.

Corporate – Create contract templates, lead revisions of templates; organize and maintain legal file system; maintain entity tracking chart; maintain contract and vendor summary chart; maintain lease, joint venture and restaurant management agreement summary chart; negotiate nondisclosure agreements; facilitate agreement signings by coordinating the collection of fully executed documents and sending to all parties; obtaining tax & vendor forms for contractual payment processing; work with company’s registered agent to create, maintain, and dissolve legal entities (articles of organization, EINs and state tax IDs, annual reports, business licenses, certificates of authority, DBAs, name changes, etc.); apply for and maintain liquor licenses; draft board minutes and resolutions; prepare subsidiary operating agreements. Work with CPG team on marketing and advertising, brand protection, and product safety relating to Consumer Packaged Goods.

Intellectual Property – Lead trademark portfolio applications and maintenance with outside counsel; lead portfolio dispute resolution and/or enforcement efforts with outside counsel; review and assess trademark search results and draft emails to executive team relating to search results and potential risk of use; maintain and update intra-company license agreements.

Litigation and Risk Management – Track and manage the day to day on all litigation (liaise with outside counsel and insurance broker/risk manager, coordinate discovery); draft litigation holds and legal memos; liaise with risk manager; insurance procurement.

Legal Budget – Manage the legal budget; review all invoices for accuracy, prepare for approval; drive efficiencies and cost savings with outside counsel.

Skills & Requirements

Must have a 4-year bachelor’s degree, J.D., and license to practice in New York state.

Must have at least 4 years of experience at a law firm

In-house experience in food and beverage and/or retail businesses a plus.

Experience interpreting and explaining contractual terms, conditions, and legal principles to colleagues and customers and directly negotiate with suppliers and customers

Must have experience in corporate and real estate law.

Must be willing to travel as needed.

Strong interpersonal and communication skills, effective presenter, positive attitude, excellent written skills and able to synthesize complex information in a simple way.

Must be a strategic and independent thinker, reliable, flexible, detail-oriented, organized, professional, and able to work with minimal supervision.

Self-starter with a high degree of resourcefulness is an imperative. Must be naturally inclined to take initiative and solve problems without direct instruction.

Excellent communication and interpersonal skills with demonstrated ability to work in a fast-paced and dynamic environment.

Physical Demands

The physical demands for this position are seeing, hearing, speaking, reaching, occasionally lifting up to 50 pounds, sitting, standing, bending, and moving intermittently during working hours. These physical requirements may be accomplished with or without reasonable accommodations.

Momofuku is proud to be an Equal Opportunity Employer. We do not discriminate on the basis of race, color, creed, religion, gender (including gender identity or expression), pregnancy, childbirth or related medical conditions, sexual orientation, marital status, domestic violence, sexual violence or stalking victim status, ancestry, national origin, alienage or citizenship, age, disability, military or veteran status, genetic information or predisposing genetic characteristic, or other protected status.