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IN-HOUSE COUNSEL CARLOS G. ORTIZ, GOYA FOODS INC. Title: General counsel Age: 44 THE COMPANY Goya, the largest Hispanic-owned food company in the United States, produces Latin-oriented foods and drinks. The Secaucus, N.J.-based company was established in 1936 by the Unanue family and remains private and family-run. It has approximately 2,500 employees and 1999 revenues of $700 million. LABOR HOT SEAT Ortiz declined to speak in detail about Goya’s June 5 trial in Miami before a National Labor Relations Board administrative law judge. Goya has been accused of 40 violations of the Unfair Labor Practices Act, many related to allegations that the company infringed on employees’ rights to organize. The NLRB took the unusual step of filing for an injunction against the company on May 10, after Goya allegedly refused to rehire three workers it fired from its Miami distribution facility in 1999. The Union of Needletrades, Industrial and Textile Employees (UNITE), which won the right to represent Goya’s Miami employees and with which Ortiz says that he negotiated fruitlessly for nearly a year, claims that the workers were fired in retaliation for reporting unsanitary conditions. Ortiz, who negotiated union contracts at company headquarters and at a Long Island, N.Y., distribution plant — the only company facilities that are unionized — says that Goya considers its relations with organized labor good. He calls the allegations by the union and the NLRB “false and unfounded.” Ortiz says that he consults regularly with Goya’s Miami counsel — Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick — on the UNITE case. He will attend the NLRB trial as co-counsel, but he doesn’t know whether he will address the court. REPULSING TRADEMARK RAIDERS “Goya is a famous trademark around the world, and we protect it very aggressively.” As Goya looked to distribute its products in Central America beginning in the late 1980s, it discovered that companies in several countries had already registered the Goya name, hoping to profit by selling it back to Goya. Goya retained local counsel to litigate the cases, but Ortiz oversaw the litigation, flying south frequently to strategize with Goya’s attorneys. In keeping with a role he considers as much bridge builder as advocate, he also met with the other side to try to effect a peaceful handover of Goya’s trademark. Goya also sought help from the U.S. government. “You’ve got to let them know that you’re going to pursue it all the way,” he says. In Costa Rica, Goya prevailed against a statute-of-limitations argument in a precedent-setting case that went to the national supreme court. That case, Ortiz says, in addition to success in a Panamanian court, led to Goya recovering rights to its trademark in every Central and South American country with little further litigation. “I’ve dedicated a lot of time and effort here to recovering our trademark. That is somewhat of a specialty for me.” NEGOTIATING GOYA’S EXPANSION Largely East Coast-focused since its beginning, Goya has begun to expand in the United States and Latin America. Ortiz is negotiating to add a 1,300-store, nationwide U.S. supermarket chain, which he declined to name, to Goya’s distribution network. “I enjoy the art of dealmaking,” he says. “It’s something that makes you feel as if you’re producing revenue for the company. You’re not just a cost center; you’re a revenue center.” Fluent in Spanish, Ortiz also hammers out Goya’s deals south of the border; most are done from his office. He researches countries before negotiating, reading up on political, economic and social conditions and consulting Goya employees, in whose ranks most Latin American countries are represented. “We probably have as diverse a work force as any large corporation in the country,” he says. VOICE FOR DIVERSITY A longtime member of the Hispanic National Bar Association (HNBA), Ortiz has been active in the nomination and confirmation of about 20 Hispanic federal judges, including working with Hispanic leaders and intensely lobbying U.S. senators on behalf of N.J. Superior Court Judge Julio Fuentes, who became the first Hispanic judge on the 3rd U.S. Circuit Court of Appeals. Ortiz’s fervent desire is to see an Hispanic Supreme Court justice. He’s worked with Hispanic legal and political organizations in creating a list of six potential nominees, which he says is in the hands of everyone from senators to presidential candidates. When America’s diversity is reflected on the bench, he says, “it can only serve to strengthen respect for the rule of law.” Despite contacts in Congress and work as HNBA’s White House liaison from 1996 to 1999, Ortiz says that he has no political ambitions, nor would he want to join the buttoned-down world of the bench. “I have the best job in the world,” he says. THE DEPARTMENT Through his first decade at Goya, Ortiz was a one-man department. In 1999, the company hired a deputy general counsel, Ira Matetsky, who had worked with Goya while at New York’s Skadden, Arps, Slate, Meagher & Flom. Matetsky shares some tasks with Ortiz and handles litigation, of which Ortiz says there is little in the commercial vein. In addition to labor, trademark and commercial contract negotiations, Ortiz handles Goya’s real estate transactions, an area in which he says his background as an accountant has helped him realize tax savings for the company. Ortiz is a legal sounding board for Goya employees, who often stop by his office to pick his brain about sundry personal legal matters. He says that he offers an opinion but then advises they seek appropriate counsel. OUTSIDE COUNSEL In addition to Skadden (M & A, labor and employment), Goya relies on Newark, N.J.’s Gibbons, Del Deo, Dolan, Griffinger & Vecchione (employment) and Baker & Rannells, of Somerville, N.J. (intellectual property). ROUTE TO THE TOP Ortiz, whose parents emigrated from Puerto Rico, was born and raised in New York. He earned an accounting degree from the City University of New York in 1979 and worked as an accountant before and during his time at Brooklyn Law School, where he earned a J.D. in 1985. After becoming a CPA, he clerked for N.Y. State Supreme Court Justice Gilbert Ramirez, an experience he says impressed on him the importance of an ethnically diverse judiciary. In 1989, after two years at the New York firm of Kaplan, Oshman, Helfenstein & Matza, he became Goya’s first Hispanic GC. AFFILIATIONS In addition to his HNBA involvement, Ortiz is chairman of the board of the Puerto Rican Legal Defense and Education Fund and a member of New Jersey Senator Robert G. Torricelli’s Judicial Selection Committee. FAMILY Ortiz’s wife, Consuelo, teaches in the Montclair, N.J., public school system. They have three sons: Justin, 13, Julian, 10, and Jason, 5. LAST BOOK READ Ortiz likes non-fiction and self-improvement. He recently read The Power of Positive Thinking, by Norman Vincent Peale, for the third time, and John F. Kennedy’s Profiles in Courage, for the second.

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