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Name and title: David F. Snively, senior vice president, secretary and general counsel. Age: 52 From sweet beginnings: There has been a Monsanto Co. since 1901, when John Queeny of St. Louis built the first U.S. plant to manufacture saccharin. Monsanto’s headquarters remains in St. Louis, but the company’s history, in every practical sense, dates to its merger with Pharmacia & Upjohn Inc. in 2000. The product of that combination is called the Pharmacia Corp., of which Monsanto became a wholly owned subsidiary. The company shed the sweetener business it was founded upon and spun off the remainder of the company to concentrate on bioengineering and herbicides. The retooled Monsanto ranks No. 336 on the Fortune 500, netting $255 million in 2005 on sales of $6.29 billion. Monsanto’s cornerstone product, Roundup, remains the world’s top-selling herbicide. Roundup once accounted for 40% of Monsanto’s sales, but competition has eroded market share since Monsanto’s U.S. patent on glyphosate, the key ingredient, expired in late 2000. Monsanto is expanding its line of bioengineered seeds to compensate for herbicide market share lost to generic forms of Roundup. In quick succession since 2004 it has acquired Channel Bio Corp. for $120 million, NC+ Hybrids for $40 million, fruit and vegetable seed maker Seminis Inc. for $1.4 billion, Emergent Genetics Inc. for $300 million and Delta & Pine Land Co. for $1.5 billion. The shift in corporate focus from agricultural chemicals to the boosting of worldwide agricultural yields with applied biotechnology is reflected in sales. In 2005, more than half of Monsanto’s revenue was from the sale of seeds, the first year seeds outsold farm chemicals. Route to present position: Snively took his J.D. magna cum laude in 1979 from Indiana University School of Law and went to work as trial counsel at Indianapolis-based Barnes & Thornburg. He joined Monsanto’s legal department as a litigator in 1983. He oversaw Monsanto’s cases, sometimes as plaintiff and at other times as defendant, in a string of novel patent trials that cumulatively solidified Monsanto’s dominance in agricultural biotechnology. Snively plotted Monsanto’s defense in Kemner v. Monsanto, a lawsuit filed by plaintiffs claiming that they had been poisoned by a dioxin spill in Missouri in 1979. Monsanto prevailed following 600 days in court between February 1984 and October 1987, the longest civil jury trial in U.S. history. For the past several years, Snively’s role has been “strategic counsel.” He has served as the deputy general counsel for corporate functions, overseeing worldwide litigation, environmental issues, antitrust, regulatory compliance and intellectual property. Simultaneously, he assisted with management of the legal department’s U.S. operations. Snively was named executive vice president, secretary and general counsel in July, succeeding Charles Burson, who is retiring at the end of this year. Snively reports to Hugh Grant, the chairman, president and chief executive officer of Monsanto Co. Legal team: Snively oversees a team of 67 attorneys, including 22 working outside the United States, with in-house expertise in intellectual property, antitrust, mergers and acquisitions, diligence and business conduct. All but one of the dozen attorneys in the intellectual property section hold doctorates in a science relevant to Monsanto’s products or research and development. “This is a world-class law department focused on strategic issues facing the company,” Snively said. “Most of our lawyers have been here a long time. We are focused on cutting-edge biotech, and that is done best by people in-house who are highly specialized.” Snively was originally drawn to Monsanto by the opportunity to immerse himself in complex litigation. Monsanto squares off in court regularly with competitors such as Dow and DuPont both as plaintiff and defendant. “Our litigation addresses broad, strategic issues facing our company,” Snively said. “We pride ourselves on speed and agility. We must move quickly, and only a great legal team can do that. It’s fun because there is not a lot of law in agricultural biotechnology. We are making that law in courtrooms around the world.” Outside counsel: Snively said that roughly 80% of Monsanto’s spending on outside counsel goes to 20 firms worldwide. Principal firms include the Washington and Houston offices of Howrey; Husch & Eppenberger of St. Louis; Bryan Cave’s St. Louis office; Frilot Partridge of New Orleans; Washington-based Arnold & Porter; and New York-based Willkie Farr & Gallagher. “We have 18,000 employees around the world. That generates all sorts of legal issues,” Snively said. “There are a lot of political and commercial issues facing you when you do litigation for a company with a global footprint.” Daily duties: Despite the heady atmosphere of frontier science and emerging law, Snively remains clearheaded about his ultimate responsibilities. “We are pretty much focused on selling,” he said. “Technology is the center of what we do on a global basis, so we face a great many regulatory issues around the world. We advise management about how to go into India or China and protect our intellectual property rights.” The rule of thumb is that it takes 10 years for a good idea in research and development to emerge as a product available for purchase. Monsanto’s legal department is present at every stage. “There are a lot of steps in that process that involve law, plus the commercial and regulatory aspects at the end, when we market the product worldwide,” Snively said. “We have patent scientists working with legal, acting as a bridge between the bench scientists and the legal department.” Snively’s duties as chief compliance officer are time-consuming. The business conduct component of Monsanto reports to him. He monitors compliance with Sarbanes-Oxley worldwide on a Web-based system. “Sarbanes-Oxley is embedded in our financial, legal and audit functions,” Snively said. “Our information, on a global basis, has to be correct and accurate. In a post-Enron world you have to have integrity in your financial reporting.” Personal: Snively and his wife, Diane, have three children: Matthew, 24; Christine, 21; and Evan, 17. Last book and movie: The One Percent Doctrine, by Ron Suskind, and Little Miss Sunshine.

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