Description:

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.

Job Summary:
As a Commercial Counsel specializing in healthcare medical device and digital health commercial B2B and B2B2C and DTC businesses, you will play a pivotal role in supporting A San Diego, California-Based Medical Equipment Company'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 A San Diego, California-Based Medical Equipment Company clients will be located both inside and outside the United States.

Let's Talk about Responsibilities
  • Provide legal advice to our revenue, marketing and product teams on complex legal issues effecting medical device manufacturers and the health care industry.
  • 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.
  • 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.
  • Advise on innovative go to market strategies including novel pathways to reach patients in non-traditional ways 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.

Let's Talk about 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 technology and commercial agreements, e-commerce, privacy and compliance.
  • Must be in good standing and actively licensed to practice law in California or any state in the United States.
  • 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.
  • Experience in healthcare, medical device, or technology industries strongly preferred but not required.
  • CIPP-US certification preferred but will consider candidates willing to obtain certification within first year.