Overview
The Senior Counsel, Commercial will collaborate closely with the Chief Legal Officer and Associate General Counsel to provide legal counsel and support for commercial operations. This role involves managing legal affairs, ensuring compliance with relevant laws and regulations, and mitigating legal risks to support organizational objectives.
Responsibilities
- Draft, negotiate, and review a wide range of agreements, including complex procurement, sales, managed care contracting, marketing, distribution, and co-promotion contracts.
- Independently support critical commercial matters, including complex and strategic transactions, research collaborations, and licensing agreements.
- Review marketing programs and promotional materials to ensure compliance with FTC truth-in-advertising principles, company policies, best practices, and applicable laws.
- Provide sound, practical, and timely legal advice on various matters related to commercial business operations targeting health care professionals.
- Resolve legal issues through negotiation, including pre-litigation dispute resolution and settlements.
- Assist in creating new template agreements, playbooks, training materials, and internal systems to support efficient contracting processes.
- Support compliance efforts by assessing legal risks and impacts related to applicable laws and regulations.
- Contribute to the development, implementation, and enforcement of organizational policies and procedures to ensure legal compliance.
- Assist in managing legal services budgets to ensure efficient resource allocation.
- Direct and manage external counsel and advisors as needed.
Requirements
- Juris Doctor (JD) degree from an accredited law school.
- Admission to a US state bar in good standing.
- Minimum of 7 years of legal experience, with at least 3 years as in-house counsel in the healthcare industry supporting commercial operations.
- Strong analytical and problem-solving skills.
- Excellent communication and interpersonal abilities.
- Ability to manage multiple projects in a fast-paced environment.
- Sound commercial and legal judgment.
- Ability to work independently with minimal supervision and collaboratively within a team.
- Familiarity with laws affecting sales and marketing to health care professionals and reimbursement by government programs, including fraud and abuse statutes (Anti-Kickback Statute, False Claims Act), FDA regulations (Food, Drug & Cosmetic Act), privacy laws (HIPAA), and anti-corruption laws (Foreign Corrupt Practices Act).
- Ability to identify issues requiring escalation to senior management and determine appropriate timing.
Competencies
- Legal analysis
- Compliance support
- Contract review
- Risk assessment
- Litigation assistance
- Policy support
- Collaboration and communication skills
- Budget management
Physical Demands and Work Environment
- Frequent sitting and standing.
- Frequent use of hand and finger dexterity.
- Frequent talking and hearing.
Equal Employment Opportunity
The organization is an equal opportunity employer committed to building an inclusive and diverse workforce. Discrimination based on race, religion, color, national origin, sex, sexual orientation, age, gender identity, veteran status, disability, genetic information, pregnancy, childbirth, or any other status protected by applicable federal, state, or local law is prohibited.