© 2018 The Texas Lawbook.
By Mark Curriden
(June 27) – Michael Sukenik spent a week behind the counter at Smoothie King on Mockingbird and Greenville in Dallas.
“It was quite an education,” he says.
He took customer orders for Slim-N-Trim Orange Vanilla, Pure Recharge Mango Strawberry, Berry Carrot Dream and Gladiator Chocolate. He operated the blender. He washed and cleaned mixers. He stocked shelves.
New manager in training? Kinda.
Sukenik, who goes by “Misha,” took over nearly three months ago as the new general counsel for Smoothie King, a privately held health drink business that is relocating from New Orleans to the Cypress Springs development near Irving and Coppell.
“I’m still drinking from the fire hose,” Sukenik says. “There is a lot to tackle related to the headquarters relocation and just learning the business and getting to know the C-team and how they operate. I’m seeking to hire a lawyer for an opening in our legal department and we are re-evaluating our outside legal support and talking with a few Texas law firms.”
Before he could start tackling the legal issues of a fast-growing smoothie company that now has nearly 1,000 stores in 28 states and a few countries, Sukenik spent several days behind the counter at a couple of its locations – a task performed by all new Smoothie King executives.
“I spent a couple weeks total in a couple stores to get an understanding of what our customers experience when they come into one of our stores,” Sukenik told The Texas Lawbook in an exclusive interview. “I did everything that is required to be done in the stores – blending, mixing, cleaning, all the behind-the-scenes work that needed to be done.
“The biggest surprise is just how many varieties of smoothies people can make,” he says.
Sukenik’s favorite smoothie?
“Coffee High Protein Almond Mocha,” he says. “It’s so good. The work is physically draining in the stores. Our team members are on their feet six hours straight and yet they are always positive and customer focused.”
At 36, Sukenik already has an impressive résumé. Before becoming general counsel of Smoothie King in April, he had been the chief legal officer for Kentucky Fried Chicken and Pizza Hut operations in Latin America and the Caribbean, which includes 40 countries. In addition, he was legal director for the two marquee operations of their parent company, Yum! Brands, where he handled compliance, transactional and technical matters in 120 nations.
“Being at Yum! was an incredible experience, but it required an extraordinary amount of travel,” he says. “Coming to Smoothie King is an opportunity to be with a high-growth company that is doing extremely well and I am joining a business that is trying to be the premiere brand for healthy and active lifestyles.
“Plus, my family is glad that most of my work will be domestic,” he says. “I get to be home much more, which is great.”
Sukenik, who oversees a legal department that includes three additional lawyers and support staff, replaces Joe Lewis, who had been Smoothie King’s general counsel and a long-time executive with the company. Lewis decided against moving with the company to North Texas.
“I think Smoothie King liked my work experiences at Yum!, where I handled everything from franchising, M&A and contracts,” he says. “Smoothie King is expanding and that means challenges with intellectual property, regulatory compliance and real estate.
“Then there are all the issues that come with technology and data privacy,” he says. “In addition, anytime there is a relocation, there are changes.”
Marc Kesselman, the general counsel and corporate secretary of Yum! Brands, says that Sukenik will be missed.
“Misha has just the right blend to succeed as the general counsel of Smoothie King,” Kesselman says. “He is as bright as they come, he has the backbone to sort through tough problems, and he has that inner burning desire to be a leader.
Born in Moscow, Sukenik moved to the U.S. in 1989 with his family. His father was a cardiologist. His mother had family in Brooklyn.
“We were Jewish refugees fleeing persecution and seeking economic success,” he says.
In high school, Sukenik discovered his enjoyment of debate, which made him start thinking for the first time about being a lawyer.
In 2008, he received his doctor of jurisprudence from the University of Chicago Law School and then clerked for Judge Marjorie Rendell of the U.S. Court of Appeals for the Third Circuit.
Sukenik joined the Dallas office of Gibson, Dunn & Crutcher in 2011, where he practiced in the litigation section with several lawyers, including then-appellate partner James Ho, who is now a judge on the U.S. Court of Appeals for the Fifth Circuit.
In 2013, he joined the legal department at Yum!, where he spent a lot of time working on franchise development for KFC and Pizza Hut around the world.
“These can be lengthy negotiations because we want to make sure that the new proposed franchise owners are truly committed to development and growth,” he says. “They will own the stores, but we still own the brand. We want to make sure that the operators will be properly trained and that certain brand standards and quality assurance are met.”
Sukenik was a key player for Yum! – and almost certainly will be for Smoothie King – on what he describes as the company’s “digital e-commerce journey.”
“Consumers want a fast and easy experience,” he says. “But there’s a lot of legal issues that go with it, including protecting data privacy. When you consider the volume of cybersecurity breaches, it is critical that we work closely with our clients to protect our consumers and our brands.
“Like it or not, lawyers are central to the business conversation of data privacy,” he says. “Yum! was a thriving, growing company that is now in 135 countries and with that comes risks.”
Sukenik says Smoothie King has a handful of long-time relationships with outside law firms, but none of those have offices in Dallas. He’s a “big believer” in alternative fee arrangements.
“I believe in leveraging the economies of scale,” he says. “I like having a few firms that can do more for me instead of a lot of firms that can do fewer things for me. And I truly appreciate it when a lawyer tells me that her or his firm may not be the best to handle a project and recommends another firm.”
Sukenik says law firm rankings, such as Best Lawyers listings, have little impact on his decision-making.
“I’ve never used a ranking to hire a law firm,” he says. “In situations or jurisdictions where I have no relationships and none of my outside counsel have any recommendations, I might look to Chambers as a starting point. But those are very rare, and I cannot say for certain that I’ve ever hired any of those lawyers.”
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