Senior Commercial Counsel

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 Senior Commercial Counsel supporting a company specializing in medical device and digital health, you will support commercial business to business, business to business to consumer, and direct to consumer distribution models.  You will play a pivotal role in supporting ResMed's commercial activities consistent with its legal requirements. Key deliverables include providing legal support and advice on commercial and non-commercial matters, consumer and competition law issues, commercial transformation, marketing, product marketing, advertising and fraud and abuse laws related to sale of healthcare products and services.  The successful candidate will be able to work collaboratively with global and Americas based product management team members, Americas commercial teams offering ResMed products, and the technical teams supporting both, as well as our global contracts management teams. Internal ResMed clients will be located in the United States, the Americas, and in other global locations.   

Let’s Talk about Responsibilities

•   Provide legal advice to our revenue, marketing and product teams, located primarily in the United States, on complex legal issues affecting medical device manufacturers and the healthcare 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 commercial activities including sales, distribution, commercial transformation, marketing and advertising matters, including compliance with consumer protection laws and healthcare industry regulations.

• Expertise in complex and emergent healthcare and consumer regulatory requirements for medical device and digital healthcare offerings.

• 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 team members to deliver repeatable and predictable legal advice to commercial clients, product managers, other global commercial lawyers, and implementation of global commercial offerings. 

• Advise on commercial disputes, including pre-litigation negotiations 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. 

• Preferred candidates will be able to provide legal support and advice on privacy (including specific knowledge of HIPAA and US State privacy laws) and compliance with anti-kickback and healthcare fraud and abuse laws. 

Let’s Talk about Qualifications and Experience

Required

•   Bachelor’s degree, Juris Doctorate or law degree from accredited law school.

• Minimum of 10 years of experience practicing law, with a focus in healthcare, medical device, technology and commercial agreements, e-commerce, and legal compliance.  Preferred candidates will have privacy experience and—if not already CIPP-US certified—be willing to pursue certification (at Company expense) during the first year of employment. 

• 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 in a matrix organization where legal team members wear several “hats” while seeking opportunities to contribute across various legal, privacy and commercial teams.

• Excellent communication and interpersonal skills, with the ability to collaborate effectively with internal and external stakeholders.

• Proven problem-solving abilities with a proactive approach to identifying and resolving legal risks and issues with a positive “can-do” attitude and sense of urgency.

• California resident preferred, will consider remote location for the right candidate.

•   Experience working on global projects or across cultures a plus.

Preferred

• Experience in healthcare, medical device, or technology industries strongly preferred.

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 have flexible time off (FTO), 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: 

Base Pay Range for this position: 

$171,000.00- $258,000.00 USD

For remote positions located outside of the US, pay will be determined based the candidate’s geographic work location, relevant qualifications, work experience, and skills. 

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.