Senior Counsel, Americas Commercial

Senior Counsel, Commercial Americas

The legal team is responsible for managing the legal affairs of the company, including providing legal counsel across the organization, handling disputes, and creating and enforcing intellectual property.

As a Senior Counsel, Commercial Americas specializing in healthcare medical device and digital health commercial B2B and B2B2C and DTC businesses, you will play a pivotal role in supporting ResMed's commercial activities and ensuring compliance with legal requirements. Key deliverables include, providing legal support and advice on commercial and non-commercial matters, consumer and competition law issues, e-commerce, advertising and fraud and abuse laws related to healthcare products and services. The successful candidate will be able to work collaboratively with product management team members, commercial teams offering those products, and the technical teams supporting both. Internal ResMed clients will be located both inside and outside the United States.

Responsibilities

• Provide legal advice to our revenue, marketing and product teams on complex legal issues effecting medical device manufacturers and the health care industry.
• Provide legal support and advice on regulatory, commercial, consumer and competition law issues, advertising regulations, strategic collaborations, privacy (including specific knowledge of HIPAA and US State privacy laws) and compliance with anti-kickback and healthcare fraud and abuse laws.
• Strong understanding of commercial contracting principles, including contract drafting, negotiation, and interpretation of a wide range of commercial agreements, including sales, distribution, licensing, cloud-based platform and technology agreements.
• Provide legal guidance and support on marketing and advertising matters, including compliance with consumer protection laws and healthcare industry regulations.
• Expertise in complex and emergent healthcare and consumer regulatory requirements, including home medical / durable medical equipment state licensure requirements.
• Advise on innovative go to market strategies including novel pathways to reach patients with focus on development and implementation of strategic and operational objectives that help achieve organizational mission and departmental goals.
• Coordinate activities with global counterparts to deliver repeatable and predictable legal advice to product managers, other global commercial lawyers, and global commercial offerings.
• Manage disputes and legal proceedings arising from commercial activities, including pre-litigation negotiations, litigation strategy, and alternative dispute resolution.
• Interact with management and/or major customers and strategic collaborators. Interactions frequently involve special skills, such as explaining, advising, and collaborating with senior level leaders.
• Supervise outside counsel on issues and projects outsourced by the legal department, as needed.

Qualifications and Experience

• Bachelor's degree, Juris Doctorate or law degree from accredited law school
• Minimum of 7-10 years of experience practicing law, with a focus in commercial agreements, e-commerce, privacy and compliance.
• Experience in healthcare or medical device industries required.
• Must be in good standing and actively licensed to practice law in California or any state in the United States.
• Deep, 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, strongly preferred.
• Sound cross-functional collaboration, ability to strategically prioritize, keep up with a fast-paced entrepreneurial type of environment. You must be able to deal with ambiguity and seek out opportunities to contribute across various teams.
• Excellent communication and interpersonal skills, with the ability to collaborate effectively with internal and external stakeholders.
• Proven problem-solving abilities and a proactive approach to identifying and addressing legal risks and issues.
• California resident preferred, will consider remote location for the right candidate.
• Experience working on global projects or across cultures a plus.
• CIPP-US certification preferred but will consider candidates willing to obtain certification within first year.

We are shaping the future at ResMed, and we recognize the need to build on and broaden our existing skills and continue to attract and retain the world's best talent. We work hard to offer holistic benefits packages, provide flexible work arrangements, cultivate a workforce culture that allows employees to grow personally and professionally, and deliver competitive salaries to our team members. Employees scheduled to work 30 or more hours per week are eligible for benefits. This position qualifies for the following benefits package: comprehensive medical, vision, dental, and life, AD&D, short-term and long-term disability insurance, 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. Employees accrue fifteen days Paid Time Off (PTO) in their first year of employment, receive 11 paid holidays plus 3 floating days and are eligible for 14 weeks of primary caregiver or two weeks of secondary caregiver leave when welcoming new family members.

Individual pay decisions are based on a variety of factors, such as the candidate's geographic work location, relevant qualifications, work experience, and skills.

At ResMed, it is not typical for an individual to be hired at or near the top of the range for their role and compensation decisions are dependent on the facts and circumstances of each case. A reasonable estimate of the current base range for this position is:

$178,000 - $266,000

Joining us is more than saying "yes" to making the world a healthier place. It's discovering a career that's challenging, supportive and inspiring. Where a culture driven by excellence helps you not only meet your goals, but also create new ones. We focus on creating a diverse and inclusive culture, encouraging individual expression in the workplace and thrive on the innovative ideas this generates. If this sounds like the workplace for you, apply now! We commit to respond to every applicant.