Senior Counsel, Americas Commercial

Overview

A legal team is seeking a Senior Counsel, Commercial Americas with expertise in healthcare medical devices and digital health commercial B2B, B2B2C, and DTC businesses. This role supports commercial activities and ensures compliance with legal requirements related to healthcare products and services.

Responsibilities

• Provide legal advice to revenue, marketing, and product teams on complex legal issues affecting medical device manufacturers and the healthcare industry.
• Advise on regulatory, commercial, consumer and competition law issues, advertising regulations, strategic collaborations, privacy (including HIPAA and US State privacy laws), and compliance with anti-kickback and healthcare fraud and abuse laws.
• Draft, negotiate, and interpret a wide range of commercial agreements, including sales, distribution, licensing, cloud-based platform, and technology agreements.
• Provide legal guidance on marketing and advertising compliance with consumer protection laws and healthcare industry regulations.
• Maintain expertise in complex healthcare and consumer regulatory requirements, including home medical/durable medical equipment state licensure.
• Advise on innovative go-to-market strategies and support development and implementation of strategic and operational objectives.
• Coordinate with global counterparts to deliver consistent legal advice to product managers and commercial teams.
• Manage disputes and legal proceedings arising from commercial activities, including pre-litigation negotiations, litigation strategy, and alternative dispute resolution.
• Interact with management, major customers, and strategic collaborators, often involving senior-level leadership.
• Supervise outside counsel on outsourced legal issues and projects as needed.

Requirements

• Juris Doctorate or law degree from an accredited law school.
• 7-10 years of legal practice experience focusing on commercial agreements, e-commerce, privacy, and compliance.
• Experience in healthcare or medical device industries.
• Active and good standing license to practice law in California or any U.S. state.
• Hands-on experience advising on healthcare regulatory and commercial legal matters, including consumer protection, competition law, advertising, strategic partnerships, data privacy (HIPAA and U.S. state laws), and anti-kickback and fraud & abuse compliance.
• Strong cross-functional collaboration skills and ability to prioritize strategically in a fast-paced, entrepreneurial environment.
• Excellent communication and interpersonal skills for effective collaboration with internal and external stakeholders.
• Proven problem-solving skills and proactive approach to identifying and addressing legal risks.
• California residency preferred; remote location considered for the right candidate.

Preferred Qualifications

• Experience working on global projects or across cultures.
• Certified Information Privacy Professional/United States (CIPP-US) certification preferred or willingness to obtain within the first year.

Compensation & Benefits

• Estimated base salary range: $178,000 - $266,000, dependent on geographic location, qualifications, experience, and skills.
• Comprehensive benefits package including medical, vision, dental, life, AD&D, short-term and long-term disability insurance.
• Additional benefits: sleep care management, Health Savings Account (HSA), Flexible Spending Account (FSA), commuter benefits, 401(k), Employee Stock Purchase Plan (ESPP), Employee Assistance Program (EAP), and tuition assistance.
• Paid Time Off: 15 days in the first year, 11 paid holidays plus 3 floating days.
• Family leave: 14 weeks primary caregiver or 2 weeks secondary caregiver leave for new family members.

Location

• Position based in California preferred; remote work options available for qualified candidates.