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Purpose and Scope

The Senior Counsel - Commercial will be responsible for supporting a broad range of complex legal matters and delivering high quality, practical, timely, strategic counsel to clients across the Tolmar organization. The person in this role is tasked with balancing business opportunities and the associated legal and compliance risks in a complex regulatory environment to minimize legal and regulatory exposure. This position is also accountable for proactively identifying and mitigating risks relative to Tolmar's ability to achieve its corporate objectives.

Essential Duties & Responsibilities

• Acts as a brand attorney and legal advisor for one or more products in the commercial business and for operations supporting all commercialization activities in the U.S. and Canada.
• Support the development and enhancements to patient access support programs and public interest programs.
• Participate as the Legal representative on Tolmar’s Medical Regulatory Legal Promotional Review Committee (“MRL Committee). In connection therewith, it is expected that the Senior Counsel would collaborate with other MRL Committee stakeholders to develop and maintain appropriate risk tolerance strategy related to Tolmar's advertising and promotional, medical, and disease state materials for the company’s commercialized products.
• Support Market Access function with review and negotiation of contracts with managed care payers/PBMs, government payers (Medicaid, Medicare, 340B, VA/DOD), Group Purchasing Organizations, wholesalers and other distributors to execute on Tolmar's strategy related to drug access and payer coverage.
• Support Tolmar's Pricing Committee in decision making.
• Provide legal advice and counsel to Commercial function and collaborate with Compliance in connection with development and implementation of commercialization initiatives (g., speaker bureaus and advisory boards) and advise stakeholders on the application of various applicable laws and regulations (e.g., the Anti-Kickback Statute, the False Claims Act, the Foreign Corrupt Practices act, HIPAA and other applicable privacy laws and other regulations applicable to a commercial stage pharmaceutical business).
• Maintain up-to-date knowledge of laws, regulations and agency guidance documents, as well as enforcement and compliance landscape as it relates to advertising and promotion of commercial stage pharmaceutical products, advise appropriate departments within the company of these requirements, the Anti-Kickback Statute, the False Claims Act, the Foreign Corrupt Practices act, HIPAA and other applicable privacy laws and other regulations applicable to the Tolmar’s operations.
• As directed, representing the Legal Department in relevant meetings and on committees and cross-functional teams.
• Acting as trusted advisor on legal issues to all levels of the company, including senior executives.
• Supervising and directing outside counsel effectively and efficiently managing legal expenses (including establishing budgets managing outside counsel staffing, controlling costs, etc.) consistent with the Legal Department budget.
• Perform various other duties as assigned.

Knowledge, Skills & Abilities

• A strong commitment to integrity and professionalism and demonstrated passion for excellence.
• Genuine interest in all aspects of the pharmaceutical and biotechnology industry.
• Inspire trust and confidence through effective written and oral communication and interpersonal skills, including the ability to interface with, and gain the respect of, stakeholders at all levels and functions of Tolmar.
• Ability to function independently; work proactively as well as collaboratively and cross-functionally, and have excellent (internal) client interface skills.
• Ability to communicate complex legal issues in a clear and understandable manner.
• Ability to find appropriate balance between legal risks and the need of the business.
• Excellent critical thinking skills and ability to analyze and understand complex situations.
• Problem solver oriented towards finding practical solutions and providing practical
• Strong work ethic and ability to manage large workload, multi-task, focus on critical priorities, and otherwise effectively meet client needs. Ability to produce high-quality work under deadline pressures.
• 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.

Core Values

This position is expected to operate within the framework of Tolmar’s Core Values:

• Center on People: We commit to support the well-being of our patients. We are committed to treating our employees and those we serve as valued partners. By placing people at the heart of our actions, we actively engage, invigorate, acquire knowledge, and grow together.
• Are Proactive & Agile: We embody a culture of engagement and action. With a hands-on approach, we fearlessly adapt to change. We anticipate, respond swiftly and efficiently to ignite a spirit that propels us towards extraordinary outcomes.
• Act Ethically: We are committed to consistently conducting our business in an ethical, compliant, and socially aware manner, in line with our purpose of positively impacting lives. We actively cultivate diversity, equity, inclusion & sustainability in our workplace.
• Constantly Improve: We are committed to a collaborative & proactive effort to improve our products, systems, processes, and services by reducing waste, increasing efficiency & improving quality.
• Are Accountable: We think, act, and communicate with honesty, transparency, and clarity in alignment with our core values. We don't compromise our values for near term gain. We take accountability & ownership of our work, actions, successes, and setbacks. We strive to deliver our best as we shape the future.

Education & Experience

• Juris Doctorate (J.D.) degree from an ABA accredited law school.
• Bar membership in Illinois or bar membership in another state, with ability to gain Illinois accreditation quickly.
• Six (6) to ten (10) years of experience in U.S. law practice – ideally working at a national or regional law firm and/or as in-house brand attorney at a pharmaceutical or biopharma company.
• Significant knowledge of pharmaceutical industry and rules and regulations related to development, distribution, sale and marketing of pharmaceutical products (e.g., compliance with FDA marketing, advertising and labeling regulations) and laws related to fraud abuse and prevention (Anti-Kickback and False Claims Act) essential.

Working Conditions

• Office environment; requiring sitting and standing.
• Some travel will be required.

Compensation And Benefits

• Pay: $210,000 to $250,000, depending on experience
• Bonus eligible
• Benefits summary: https://www.tolmar.com/careers/employee-benefits

Tolmar compensation programs are focused on equitable, fair pay practices including market-based base pay and a strong benefits package. The final compensation offered may vary from the posted range based on the selected candidates qualifications and experience.

Tolmar is an Equal Opportunity Employer. We do not discriminate on the basis age 40 and over, color, disability, gender identity, genetic information, military or veteran status, national origin, race, religion, sex, sexual orientation or any other applicable status protected by state or local law. It is our intention that all qualified applicants be given equal opportunity and that selection decisions are based on job-related factors.