ERIK D BIGELOW
Plainfield,Indiana
Summary
Results-driven General Counsel with more than fifteen years of corporate legal experience. Responsible for all aspects of the legal affairs impacting Executive Management Services, Inc., a nationwide facility-services company with more than 5,000 employees, and its affiliated companies, including a wholesale supplier, a manufacturing company, and a real estate holding company. Chief legal advisor to senior and executive management, while also working with stakeholders at a variety of management levels throughout the company and around the country.
Previously managed the legal function for Ace Holding Company, a consumer financing company. In such capacity, oversaw the legal, licensing and compliance departments for the organization.
Overview
24
24
years of professional experience
Work History
General Counsel
EXECUTIVE MANAGEMENT SERVICES, INC
Indianapolis, IN
02.2009 - Current
- Chief legal adviser to President & CEO and other members of executive management. Provide ongoing direction on all legal matters impacting the various EMS companies.
- Assessment of known and anticipated risks to companies. Create and implement company legal strategy to respond to and/or mitigate such risks.
- Extensive experience in a variety of commercial transactions, including Service Agreements, Vendor Agreements, various banking transactions, sales, IT and intellectual property agreements. Partner with operations and sales teams in negotiation and drafting of complex, multi-million dollars contracts. Ensure compliance with contractual requirements and enforce contractual terms as necessary.
- Management of all company litigation portfolio. Determine and hire appropriate litigation counsel and direct activity of counsel. Provide direction throughout pleadings, discover, pre-trial, trial and settlement phases of litigation.
- Represent company in variety of real estate activities including both purchases and sales. Negotiate, draft, and enforce real estate leases. Review applicable statutory law and local ordinances to ensure compliance. Represent company before local boards and panels.
- Direct represent of company in legal proceedings and administrative hearings. Conduct internal investigations, draft position statements, and communicate directly with state and federal government agencies, including EEOC, NLRB, DOL, and OSHA. Have successfully defended against dozens of such complaints.
- In 2011, promoted to management of company human resources department.
- Charged with operating company's liability insurance and worker's compensation programs. For 2016, obtained the lowest (best) EMR rating in company history.
Senior / General Counsel
ACE HOLDING COMPANY, LLC
Indianapolis, IN
03.2003 - 01.2009
- Advised executive staff of consumer finance company operating nationally in 45 states on all matters, including regulatory compliance, contractual/transactional matters, and various employment matters. Appointed by COO and CFO to executive management team to the company's eight-person executive tactical committee.
- Supervised legal team and compliance and licensing departments.
- Researched complex legal and regulatory issues relating to consumer finance function (GLBA, TILA, RESPA, ECOA, FCRA, UDAP laws, etc.). Provided interpretation and recommendations on application of legislation. Responded to regulatory investigations and inquiries from state and federal enforcement agencies, including industry enforcement agencies and state Attorney General offices.
- Managed corporate litigation portfolio, consisting of approximately 40-50 cases annually.
- Negotiated various contracts, including brokerage agreements, vendor agreements, real estate leases, IT / technology agreements, and employment and executive benefit agreements.
- Represent company in mediation, arbitration, and administrative hearings, including in matters relating to consumer finance and regulatory oversight, title VII and FLSA matters, and as incident to general litigation.
Advanced Sales Counsel
INDIANA FARM BUREAU INSURANCE
Indianapolis, IN
10.2000 - 03.2003
- Responsible for counseling agents and clients on a broad range of financial subjects including estate planning, business planning, taxation, and elder care issues.
- Created and presented training programs for insurance agents on advanced sales issues including estate planning, income taxation, business organizations in financial planning, and social security.
- Featured speaker at community seminars aimed at educating members and the community at large on timely financial topics.
Education
J.D. -
Indiana University School of Law
May 2000
Bachelor of Arts - Psychology
Indiana University
1997
Skills
- Chief legal advisor to Board of Directors, CEO, and executive management
- Successful negotiation of multi-million dollar service and commercial contracts; ensure compliance and enforcement of terms
- Manage litigation portfolio; represent company in all aspects of litigation process, both in-house and through partnering with litigation counsel
- Promoted to oversight of a variety of functions within organization, including current role of oversight to Human Resources department
- Direct, draft, and implement company legal policies and procedures, including relating to legal, compliance, safety, and HR matters
- Uncovered and exposed fraudulent conduct engaged in by field operatives costing the company tens of thousands of dollars
Affiliations
I am a member of the Indiana State Bar Association and the Indianapolis Bar Association, actively participating in the Employment Law and Real Estate, Property and Trust divisions. I also have membership in the Association of Corporate Counsel and the Society for Human Resources Management, and participate in the Attorney Generals Association.
I am licensed to practice in Indiana courts, the U.S. District Court for the Northern and Southern Districts of Indiana, and the United States Tax Court.
Additional Information
I am involved in the community through the local Optimist chapter. I am specifically involved in youth sports, having coached and participated in various capacity through the Optimist and Upward programs. Currently, I assist with coaching, fundraising and running the Havoc travel baseball program.
Timeline
General Counsel
EXECUTIVE MANAGEMENT SERVICES, INC
02.2009 - Current
Senior / General Counsel
ACE HOLDING COMPANY, LLC
03.2003 - 01.2009
Advanced Sales Counsel
INDIANA FARM BUREAU INSURANCE
10.2000 - 03.2003
J.D. -
Indiana University School of Law
Bachelor of Arts - Psychology
Indiana University
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