Role Description
Emergent is looking for a Senior Counsel - Commercial to join its growing Legal team. The position is an exciting opportunity to join a fast-paced, dynamic legal department supporting all aspects of the commercial organization. The successful candidate will provide legal support for a breadth of complex US and global legal, regulatory and compliance matters by providing practical, timely, strategic, and high-quality legal advice to a broad spectrum of clients across the organization. Focus is on counseling regarding risks related to:
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Federal Trade Commission (FTC) guidance
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Fraud and abuse
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Anti-kickback
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US Food and Drug Administration (FDA)
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Office of Inspector General (OIG) guidance
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Product liability issues
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Privacy
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Reputational risk
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Various state and federal laws (e.g., False Claims Act, Sunshine Act, CAN-SPM, TCPA, etc.)
Qualifications
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Law Degree from an ABA accredited school and licensed and in good standing in at least one U.S. State
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Licensed to practice law in at least one state and in good standing
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A minimum of 5-7 years of experience working in a law firm and/or pharmaceutical or biotechnology legal department, with at least 2+ years’ in-house experience in the biotech and/or pharmaceutical industry
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Understanding of the legal issues affecting the pharmaceutical industry, including regulatory processes and guidance for prescription and OTC drugs, anti-kickback, fraud and abuse, anti-bribery and anti-corruption and antitrust laws
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Strong ability to grasp legal issues quickly, exhibit strong analytical problem solving and decision-making skills, exercise sound judgment, and provide practical and constructive legal advice in a time-sensitive, dynamic, and fast-paced complex environment
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Strong negotiation and communication skills (both oral and written)
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Ability to work independently and take initiative to drive forward priorities, complete tasks and appropriately manage risks
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Strong work ethic and ability to manage large workload, focus on critical priorities, and effectively meet client needs
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Strong oral, written and presentation skills and ability to clearly articulate complex information
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Strong analytical and problem-solving skills, with attention to detail
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Ability to establish and maintain effective working relationships throughout the organization
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Experience supporting products ex-US highly desirable
Requirements
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Provide solutions-oriented legal advice in the promotional review of marketing, sales, medical, and training assets in conjunction with regulatory and medical partners
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Provide strategic legal advice and proactive solutions to commercial business teams
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Provide legal support to Company business units advising internal stakeholders on compliance with applicable federal and state healthcare laws, regulations and industry standards (e.g., FDCA, AKS, PhRMA Code)
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Provide advice on internal and external communications by non-marketing and sales functions
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Provide practical and timely legal guidance on issues related to sales and marketing, market access, patient advocacy, patient services, medical information, fee-for-service arrangements, drug pricing, data privacy initiatives, social media, use of endorsers and/or celebrities, drug labeling, strategic plans and tactics, competitive issues, and interactions with nonprofits
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Support Government Affairs and coordinate with external counsel on GA matters when needed
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Represent Legal on various cross-functional committees and teams
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Collaborate with legal, regulatory, and compliance colleagues in providing guidance and input on a broad range of complex agreements
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Provide support for regulatory, medical affairs and product development teams, including legal interpretation of laws, regulations, and guidance documents related to the development and commercialization of pharmaceutical and biopharmaceutical products
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Provide education and training of business and cross functional stakeholders on commercial best practices and policies
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Actively participate in department initiatives, identifying opportunities to enhance the effectiveness of Legal department operations
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Assist with internal policies, training, and corporate governance initiatives
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Participate in business development activities (merger and acquisitions, licensing and other partnering opportunities), including deal and risk assessment and due diligence
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Other duties as assigned
Benefits
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The estimated annual base salary as a new hire for this position ranges from $206,500 to $250,000
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Individual base pay depends on various factors such as applicant’s education, experience, skills, and abilities, as well as internal equity and alignment with market data
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The salary may also be adjusted based on applicant’s geographic location
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Certain roles are eligible for additional incentive compensation, including merit increases, annual bonus, and/or long-term incentives in the form of stock options
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Emergent offers a comprehensive benefits package