Commercial Counsel

We are searching for a Commercial Counsel to join our legal team. The ideal candidate will be a commercial specialist with experience in building and operating commercial legal processes and operations for a pharmaceutical product. The candidate will need to be proactive, well-organized, have strong commercial pharmaceutical experience, and be able to work as part of a small legal department in a fast-paced environment. Prior experience in a small biopharmaceutical company is desirable.
 

Summary:

The position will report to the General Counsel and will involve day-to-day management of the commercial legal operations of a company transitioning from late stage clinical to commercial. The position may also involve handling other general legal matters along with the rest of the legal team.
 

Essential Functions and Job Responsibilities:

• Serve as legal advisor and business partner to commercial, medical affairs, market access and patient services teams for late stage and marketed products
• Serve as legal and/or regulatory representative on cross-functional product review committees
• Provide high quality legal/compliance advice and counsel on advertising and promotional messaging, materials, and activities; speaker program materials and training; the dissemination of scientific communications; non-promotional disease awareness materials; patient assistance materials, programs and resources; payor marketing materials; and advisory board materials
• Review business materials (including brand plans, medical plans, training documents) requiring legal input and advising internal clients, partners and stakeholders on compliant and appropriate strategies, plans and tactics
• Assist in training marketing and sales team regarding compliance
• Advise business colleagues on interactions with key customer stakeholders, including patients, physicians, payors, and specialty pharmacies
• Structure, draft, revise and negotiate a range of agreements, including wholesaler, GPO, product purchase, discount and rebate, data purchase, and patient hub services
• Proactively identify and analyze legal risks related to CymaBay products based on applicable laws and regulations (e.g. Anti-kickback, False Claims Act)
• Work collaboratively with Compliance to advise internal clients, partners and stakeholders on key policies, procedures, practices and requirements for healthcare and related legal compliance; keep abreast of current enforcement trends and educate clients and partners accordingly
• Partner and collaborate with commercial team
• Become a trusted, go-to legal advisor that advances the company's overall mission and goals while identifying and mitigating legal risks and the company's reputation
• Lead assigned legal initiatives
   

Education and Experience:

• JD., licensed to practice law in the U.S. and an active membership and in good standing in a state bar (California preferred)
• 7+ years of post-JD experience, preferably including both law firm and in-house in the life sciences and/or pharmaceutical industries
• Pharmaceutical product commercial experience is required
• Experience advising on statutes, regulations and laws relevant to the commercialization of pharmaceutical products, including False Claims Act; FDCA, FDA promotion and labeling; federal and state anti-kickback statutes; OIG guidance documents and advisory opinions; U.S. transparency laws; anti-bribery laws, and other laws and regulations related to the commercialization of pharmaceutical products
• Excellent oral and written skills
• Self-motivated, strong leadership, work well independently on projects, meet aggressive deadlines, handle multiple projects, technical knowledge, business acumen, and excellent communication skills
• Sound conflict resolution skills and ability to work in a collaborative environment
   

Physical & Mental Requirements:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

• Must be able to sit for long periods of time
• While performing the duties of this job, the employee is frequently required to stand; walk; sit; talk and/or hear
• May occasionally climb stairs and/or ride elevators
• The employee must occasionally lift and/or move up to 15 pounds
• Employee must be able to manipulate keyboard, operate a telephone and hand-held devices
• Other miscellaneous job duties as required
• Occasional travel (up to 5-10%) may be required

Compensation:

• An appropriate financial package will be developed for the successful candidate to include a competitive base salary and equity, with a performance related bonus opportunity.
• The anticipated salary range for candidates who will work in Newark, California is $220,000 - $280,000. The final salary offered to a successful candidate will be dependent on several factors that may include but are not limited to the type and length of experience within the job, type and length of experience within the industry, education, etc. CymaBay is a multi-state employer and this salary range may not reflect positions that work in other states.