Description:

Performance Health seeks to hire a Vice President, General Counsel and Corporate Secretary (General Counsel). The new General Counsel will be broadly responsible for all aspects of the company’s legal affairs. The General Counsel will report to directly to the CEO.

To perform this job successfully, an individual must be able to perform each essential job duties satisfactorily. The requirements listed below are representative of the knowledge, skills, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Essential Job Duties & Responsibilities
  • As a key member of the executive leadership team, actively engage in the development of short and long-range goals/objectives and provide effective advice to ensure achievement of Performance Health’s strategy and vision
  • Develop and disseminate corporate and compliance policies, procedures and programs, including those responsive to the FCPA (and other anti-corruption laws), to ensure that the company is in compliance with all laws, regulations and rules that may apply to the company’s activities; and, specifically work to ensure compliance with antitrust and corporate conduct laws, the federal Anti-Kickback Statute (including the Safe Harbor Regulations), HIPAA and other laws and regulations governing information privacy, and FDA regulations
  • Exercise hands-on management responsibility over all Performance Health legal affairs. Develop legal strategies and provide counsel to Performance Health leadership and investors regarding the legal implications of all business and regulatory issues
  • Counsel on the legal ramifications of significant company strategic imperatives, including possible partnerships, acquisitions, joint ventures, and other possible investments, as well as negotiate and structure major contracts with product suppliers, third party manufacturers and customers, including group purchasing organizations
  • Manage all corporate governance issues and attend board of directors meetings and other board committee meetings as needed and work with the CEO to oversee the preparation of the agenda and minutes
  • Of particular importance in the future if the company goes public will be counseling senior management and the board of directors on matters relating to securities compliance and corporate governance, specifically with respect to the requirements mandated by The Sarbanes-Oxley Act of 2002 and other relevant federal and state securities laws, regulations and rules
  • Advise the company on the litigation risks of possible business decisions; provide proactive and preventive legal counseling; evaluate the merits of major court cases filed against or on behalf of the company, work with the appropriate executive(s) to define a strategic defense and approve settlements of disputes where warranted; advise company on product warranty claims and drafting of warranties and product instructions, work with insurers and outside counsel on product liability and other insured claims
  • Advise on and coordinate the protection of all forms of intellectual property including matters relating to advertising and trademark protection; prepare documentation for protection of company trade secrets including non-disclosure agreements; advise on and negotiate new product development and licensing agreements, advise on third party infringement claims and develop procedures to minimize the risks of such claims
  • Participate as appropriate in the resolution of labor and employment issues and issues of environmental/health/safety as they arise
  • Advise on legal aspects of the company’s financing, including assessing and advising on current and future business structures and legal entities
  • Counsel on legislative matters at the federal, state and local level that may impact the company’s business
  • Interface with Managing Directors and their teams in on shore businesses outside the U.S., specifically U.K., France, Canada, Australia and New Zealand. Be the primary go-to legal expert to support the OUS businesses by building and maintaining local in-country partnerships with firms familiar with local corporate and labor law
  • Manage outside counsel, as applicable
  • Performs other duties as assigned

Job Qualifications
  • The successful candidate will hold a law degree from a well-regarded American law school and be a member of a state bar
  • Minimum of 10 years as a practicing lawyer, preferably with both a well-regarded law firm and a company in the healthcare products, healthcare distribution, or other relevant sector
  • Experience negotiating partnerships, mergers/acquisitions, and divestitures as well as joint ventures, strategic alliances, and third party manufacturing/sourcing agreements is required
  • Experience counseling senior management and a board of directors on securities and corporate governance matters
  • Experience and an understanding of matters relative to all forms of protection of intellectual property
  • Exposure to and/or familiarity with the following areas of law: regulatory, compliance (FCPA), FDA, securities, antitrust, product liability, insurance, litigation, labor and employment, healthcare and privacy, including HIPAA
  • Experience managing litigation and assessing legal risk in difficult situations, such as matters of acute time pressure and/or issues of great materiality will be helpful
  • Significant experience negotiating complex commercial agreements and contracts with GPOs
  • Experience with international businesses and the legal and regulatory dynamics
  • Ability to travel 10-25% of the time; including overnight and international travel