Siemens Commercial & Operations Counsel in Tarrytown, New York

Commercial & Operations Counsel

Locations:Tarrytown, New York

Job Family: Legal & Compliance

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Job Description

Division: Siemens Healthineers

Business Unit: Legal and Compliance

Requisition Number: 200153

Assignment Category: Full-time regular

Experience Level: Senior level

Education Required Level: Doctorate Degree

Travel Required: No

Division Description:

Siemens is a global technology powerhouse that has stood for engineering excellence, innovation, quality, reliability and internationality for more than 165 years. As a global technology company, Siemens is rigorously leveraging the advantages that this setup provides. To tap business opportunities in both new and established markets, the Company is organized in nine Divisions: Power and Gas, Wind Power and Renewables, Energy Management, Building Technologies, Mobility, Digital Factory, Process Industries and Drives, Healthineers and Financial Services.

With 45,000 employees Siemens Healthineers is one of the world’s largest suppliers of technology to the healthcare industry and a leader in medical imaging, laboratory diagnostics and healthcare IT. All supported by a comprehensive portfolio of clinical consulting, training, and services available across the globe and tailored to customers’ needs. So that more people can have a life that is longer, richer, and more filled with happiness.

For more information, please visit: http://www.usa.siemens.com/healthineers

Job Description:

The Siemens Healthineers is the world’s largest supplier of healthcare infrastructure and a world leader in most of its businesses, including medical imaging and laboratory diagnostics. Siemens Healthineers offers its customers products and solutions for the entire range of patient care from a single source – from prevention and early detection to diagnosis, and on to treatment and aftercare. In fact, greater than 70% of medical decisions are influenced by the types of technology we provide, reaching nearly 210,000 patients every hour of every day. We constantly innovate to enable better outcomes at lower costs. Siemens Healthineers employs some 45,000 employees worldwide and operates around the world. In fiscal year 2015 (to September 30), we posted revenue of $15 billion.

Laboratory Diagnostics (LD) is a global business area within Siemens Healthineers, which enables clinical and workflow excellence in the laboratory, and employs approximately 12,000 employees worldwide and has roughly 300,000 customers located in over 170 countries. During fiscal year 2015, LD posted revenue of more than $3.5 billion.

Position Summary

The Commercial & Operations Counsel will support Strategic Procurement, Supply Chain Management and Materials & Logistics, reporting directly to the Senior Counsel Commercial & Operations.

*LI-EFS

The Counsel will be responsible for quickly gaining a solid understanding of Siemens Healthineers’ (particularly Laboratory Diagnostics’) businesses, portfolio, global regulatory environments, challenges, and for counseling business partners with respect to a wide variety of procurement, supply, manufacturing, logistics, general commercial, regulatory, corporate, transactional, and other operational and governance matters. In doing so, the Counsel will, among other things, negotiate and draft complex, commercial agreements, collaborations frameworks and joint development agreements concerning the development and sale of highly-complex medical devices and related reagents.

Essential Job Functions

• Draft, review, and negotiate a wide variety of commercial agreements to meet business and legal requirements, including procurement, OEM, supply, sales, distribution, research/validation collaborations, development & commercialization agreements.

• Collaborate with strategic procurement, logistics, supply chain management, sales, research, marketing, finance, intellectual property, regulatory affairs and other departments to analyze business, regulatory and legal contract terms.

• Actively counsel the LD global business area (and support Point of Care Business Area, as well), including senior management, on legal matters, including diligently counseling business partners on healthcare regulations, anti-kickback, fraud & abuse, privacy (including data privacy), billing third party payers (including the U.S. federal and various state governments under the Medicare and Medicaid programs), the Stark law and covered entity obligations under HIPAA/HITECH, the Sunshine Act and related topics.

• Prepare and conduct training of personnel on various procurement, logistics, collaborations, commercial law, regulatory matters and other relevant topics.

• Educate business partners with regard to key commercial, competition, data privacy and significant regulatory considerations.

• Develop creative and compliant solutions to assist in structuring and resolving complicated business challenges.

• Negotiate with key customers, partners, suppliers, vendors, and (when appropriate) government agencies.

• Provide ongoing counseling regarding (and efficient implementation of) various corporate policies, initiatives and/or programs.

• Cooperate across corporate business units and departments and throughout a large group of affiliated companies to achieve optimal results while minimizing risk.

• Proactively mitigate global and national legal risk within Siemens Healthineers and its various controlled entities and/or affiliates, as well as the broader Siemens global group.

• Perform any other duties and special projects assigned by the Senior Vice President & General Counsel or the Senior Counsel Commercial & Operations.

Critical Competencies

• Proven ability to independently lead and execute all facets of challenging multi-disciplinary engagements with highest integrity and ethics – from preliminary/conceptual advice, through structuring, due diligence, negotiating, drafting, closing, and any subsequent conflict resolution.

• Highly polished and effective negotiation, communication, listening and drafting skills, including those suitable for interaction with senior managers and executive leadership within a global and matrixed organization.

• Expertise in healthcare legal and regulatory environment (U.S. expertise strongly preferred; in addition, CLIA experience would be favorably received).

• Fluency with the regulatory environments, including FDA regulations, anti-kickback laws, fraud and abuse statutes, and privacy laws applicable to medical device manufacturers.

• Familiarity with key elements of procurement, manufacturing, logistics, licensing, intellectual property and distribution legal issues.

• Demonstrated skill in working collaboratively with multiple teams simultaneously and coordinating with multi-jurisdictional and multi-cultural transaction partners.

• Proven ability to identify and initiate needed actions and follow-up.

• Innovation in design and delivery of legal strategies and solutions to support ever-evolving business objectives.

• Experience with monitoring and improving processes through ongoing optimization efforts, technology enhancements, and business partner feedback.

• Willingness and ability to travel domestically and, from time-to-time, internationally.

Education/Qualifications

• Minimum of 7 years of corporate and commercial law experience (with at least 4 years of experience with a well-regarded law firm); distinguished in-house experience with a respected healthcare company will be viewed as a very positively distinguishing attribute.

• U.S. law degree (J.D.) required.

• Admitted to practice law in state of New York (or international law degree equivalent) (if not admitted in NY, obtaining a New York In-House Counsel license will be required).

Equal Employment Opportunity Statement

Siemens is an Equal Opportunity and Affirmative Action Employer encouraging diversity in the workplace. All qualified applicants will receive consideration for employment without regard to their race, color, creed, religion, national origin, citizenship status, ancestry, sex, age, physical or mental disability, marital status, family responsibilities, pregnancy, genetic information, sexual orientation, gender expression, gender identity, transgender, sex stereotyping, protected veteran or military status, and other categories protected by federal, state or local law.

EEO is the Law

Applicants and employees are protected under Federal law from discrimination. To learn more, Click here at https://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm .

Pay Transparency Non-Discrimination Provision

Siemens follows Executive Order 11246, including the Pay Transparency Nondiscrimination Provision. To learn more, Click here at https://www.dol.gov/ofccp/pdf/PayTransparencyNotice_JRFQA508c.pdf .