Join the World's Top Legal Talent Network

POSITION SUMMARY:

Dedicated attorney for Nestlé Nutrition Infant Formula (including Babine’s), Prenatal, Medical Sales, Compliance, Regulatory Affairs, Employment and Operations businesses/functions. Product portfolio includes infant formula, available both at retail and institutional health care facilities (e.g., Good Start®, Graduates®, BabyNes®). Provides product development counsel to prenatal portfolio in development. Manages and trains incoming medical sales employees on company policies, the regulation of our products by the FDA, HIPAA, FCPA, the PhRMA Code, and applicable Anti-Kickback laws. Trains medical sales force at annual sales meetings providing refresher training and disseminates guidance with respect to changes in corporate policy or external laws, rules, and regulations. Serves as legal representative on the Grants Committee to ensure funding requests by independent researchers meet all applicable compliance requirements. Drafts and negotiates commercial contracts including clinical trial agreements, research agreements, employment agreements, Co-Manufacturing agreements, service agreements, license agreements, software agreements, physician consulting agreements and construction agreements. Manages outside counsel on a variety of litigation matters including, government contracting and guides interactions with state and federal agencies including the FDA, FTC and USDA. Attorney will be part of the Nestlé Nutrition legal department and is expected to serve as an important member of the Nestlé Nutrition legal team, Nestle Nutrition NA Leadership team, and Medical Sales Leadership Team. This position provides legal services and counsel to Nestlé Nutrition management and employees, including department heads and heads of significant operations/areas of the business.

PRIMARY RESPONSIBILITIES:

• Provides proactive and effective legal services, training and counsel- at all levels of the Company- on a wide variety of legal issues/matters. Identifies and advises on the management of potential legal risks in all areas supported by the position
• Ensures that Company strategies, programs, policies, practices and initiatives comply with all laws
• Counsels Human Resources on employment law (including labor), and counsels Advertising and Marketing on various issues (competitive claims, labeling, NAD challenges)
• Assists in developing and coordinating required responses to regulatory authorities, protects company legal interests by utilizing legal experience, technical knowledge and understanding of regulations (FDA, etc.)
• Drafting supply contracts, service contracts, consulting contracts, marketing and promotional agreements, licenses, and other transactional documents with respect to US business. Represents the business interests in its legal and regulatory relationships with various parties such as vendors, business partners and customers
• Ability to handle substantive issues and documents for all phases of significant transactions
• Responsible to help minimize business risks by identifying and delivering legal support services that promote business development through practical solutions.
• Responsible for handling a comprehensive legal workload including providing legal advice and general business transaction assistance in the following areas: sourcing/supply, research and development, quality, medical affairs, regulatory reviewing and approving marketing materials and communications, sales force support, and providing general commercial legal support.
• Providing general commercial legal support to management and functions. Review all advertising and marketing materials for business and advise as to legal risk
• Reviews, drafts, and negotiates various contracts i.e. Operations, Sales, Marketing, Human Resources, (including consulting, vendor, confidentiality, etc.)
• Train personnel on company policies and compliance requirements
• Manages Employment related legal claims and litigation

REQUIREMENTS AND MINIMUM EDUCATION LEVEL:

• Requires J.D./L.L.B. from an accredited law school
• Minimum of 7 years’ experience in a business-oriented law firm, corporate legal organization, governmental agency or equivalent
• Attorney license in good standing and admission to the bar in at least one state
• Experience in corporate law department and general business law required
• Solid commercial contract drafting and negotiation skills, along with a desire to understand and implement the key business/financial drivers is required
• Excellent practice development skills and an understanding of their importance in a legal department environment are required
• Experience in advertising, promotional practices, and marketing issues (including sponsorship, promotions, competitive claims and NAD challenges) is preferred
• Experience with R&D and IT clients (development agreements and licensing) is preferred
• Experience with FDA, USDA, and FTC requirements in relation to a nutrition environment is a plus
• Antitrust expertise is a plus
• Substantial expertise representing corporate entities in transactional matters, such as licensing agreements, acquisitions, divestitures, joint ventures, and complex and routine commercial agreements.
• Experience reviewing healthcare or related promotional/advertising materials is a plus