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Name and title: James J. Moore, senior vice president human resources development, and general counsel Age: 36 The company: “We don’t think of ourselves as an Internet company as much as we think of ourselves as a fresh food and grocery company that interacts with its customers on the Web,” said Moore. FreshDirect Inc., bypassing middlemen, offers standard grocery items, along with kosher, organic and “upscale options,” all prepared to order for next-day arrival. It also provides catering and related supplies to corporate customers. Based in Long Island City, N.Y., “a couple of hundred yards from the Queens end of the Midtown Tunnel,” FreshDirect launched in mid-2002 with 38 deliveries to “our laboratory,” nearby Roosevelt Island. It now has 200,000 customers and “in the next 10 days or so,” expects to fulfill its 2 millionth order. The company’s 100 refrigerated trucks deliver to most of the New York City boroughs of Manhattan and Queens, as well as the northern half of Brooklyn. Its 1,200 employees operate in a 300,000-square-foot plant which is divided into 12 temperature zones, a 40-degrees-below-zero freezer and a three-mile spider web of conveyor belts. Moore declined to reveal the current revenues of the privately held company, but FreshDirect’s 2003 sales were a reported $125 million. Diverse duties: Moore reports to Chief Executive Officer Steven D. “Dean” Furbush. He mentioned three areas that consume the bulk of his time as head of FreshDirect’s legal affairs: labor and employment issues, litigation management and contract review. He also participates in financing decisions, other corporate and investor relations activities, and is involved in intellectual property matters “on a pretty regular basis.” Intellectual property for FreshDirect relates mostly to its trademark, which Moore makes sure is properly maintained and prosecuted. Contracts with outside vendors, for software and hardware used in FreshDirect’s information technology infrastructure, comprise the majority of Moore’s contract-review duties. He estimated that such agreements are three to four times as common as the food-side contracts he works on. Moore regularly deals with workers’ compensation, describing the frequency as typical for a manufacturing or retail company. Most cases are processed by the human resources department or FreshDirect’s insurers, if necessary. Immigration laws factor in Moore’s job: FreshDirect sponsors skilled foreign workers for its information technology function, and their eligibility must be ascertained and maintained. I-9 labor forms are checked for accuracy and there are periodic internal audits to monitor the status of other non-native employees. Responding to an incident in which a deliveryman harassed FreshDirect customers, Moore changed security agencies and now reviews employee background checks every two weeks. He said, “The thing I like most is the confluence of the GC and human resources positions. You can identify issues when you are wearing your lawyer’s hat and can turn back around and identify projects, benefits and policies that you can put into place using your HR hat, so you can create as good an environment as possible for the employees.” Moore also serves as corporate secretary and strives to keep his company in compliance with Sarbanes-Oxley governing and accounting regulations in case the privately held grocer goes public. Moore opted to withhold comment on lawsuits. Ongoing, however, is a breach-of-contract dispute involving former Chief Executive Officer Joseph Fedele, in which he accuses FreshDirect’s board of violating its fiduciary duties by ousting him. As reported in Crain’s New York Business, founder Jason Ackerman said the suit has no merit. Regulatory/lobbying: As a fresh produce handler, FreshDirect is subject to basic licensing requirements, although, Moore pointed out, not as stringently as if it were, say, a slaughterhouse. The company must pass periodic and unannounced inspections from the U.S. Department of Labor, and Moore anticipates more scrutiny from regulatory agencies if FreshDirect expands to do business across state lines. Under the aegis of state liquor authorities, the online grocer is obligated to get in-person and electronic assurances that alcoholic beverage purchasers are not minors, and it labels all boxes and manifests accordingly. Moore also handles zoning-regulation issues for the Long Island City headquarters and transportation rules for FreshDirect’s fleet of trucks. FreshDirect belongs to the American Meat Institute, the industry’s primary lobbying arm. A New York lobbyist also assists the company in coping with city and state delivery issues, characterized by Moore as being more in the realm of community relations than an aggressive attempt to change the laws. Staff of one: “Thirty percent of my body is the extent of the legal team here . . . .It’s me,” quipped Moore. A primary responsibility for him is to assess the need for outside law firms and then to oversee their work for FreshDirect once he hires them. Outside counsel: Moore relies upon the Los Angeles office of Latham & Watkins for corporate matters. Washington-based Hogan & Hartson and New York’s Zetlin & De Chiara are favored for litigation; intellectual property issues go to Kenyon & Kenyon of New York; and for labor-related cases, Moore seeks the counsel of Livingston, N.J.’s Grotta, Glassman & Hoffman. Route to the top: Armed with an undergraduate degree from Yale University (1989) and a J.D. from the University of Virginia School of Law (1992), Moore signed on with Hogan & Hartson’s litigation group, with whom he spent five years in Washington. In 1997, he joined management consulting firm McKinsey & Co., specializing in organizational design and strategy development while based in Washington and London. Leaving McKinsey in 2000, he helped to launch, and served as GC for Arlington, Va., software database firm infoCruiser (now called Appfluent). Two years later, Moore relocated to Cambridge, Mass., where he managed a portfolio of private companies for Schooner Capital. He joined FreshDirect in November 2003. Personal: The native of Fort Belvoir, Va., is engaged to Jessica Moulton, a consultant. His hobbies include cooking, golf, running and travel. Last book and movie: Oryx and Crake, by Margaret Atwood, and Sideways.

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