Position Description:

The Senior Counsel-Marketing supports the marketing organizations and retail, home services, and online businesses of Transformco, including Sears Home Services, Sears, Roebuck & Co., and Kmart Corporation. This position will work on marketing and promotions, eCommerce, sales, and marketing related contracts and provide advice on marketing practices and advertising.

Duties & Responsibilities:

RESPONSIBILITIES:

Conduct review of advertising, marketing collateral and other marketing communications including, but not limited to, the Shop Your Way program.

Advise on statutory and regulatory requirements affecting the business

Assist in ensuring compliance with relevant laws, regulations, codes and legal requirements

Review relevant business processes and provide direction to business partners

Resolve regulatory inquiries and investigations

Negotiate and draft contracts, correspondence and agreements

Advise on charitable sales promotions and other cause marketing initiatives

Manage state filings and legal requirements related to cause marketing programs and promotions

Advise on various retail pricing issues

Manage pre-litigation dispute resolution

Assist with claims and litigation support and advice

EXPERIENCE:

Experience with review of advertising and marketing materials, as well as advertising claims substantiation

Experience with contract negotiations and drafting

Experience with State and Federal Deceptive Trade Practice law and regulation

Experience with social media and social commerce

Experience with privacy law and policy

Experience with federal and state regulatory bodies

Judgment, including ability to determine appropriate allocation of limited resources among competing priorities

Must be able to provide practical legal advice that furthers business strategies / objectives

Experience working effectively with senior level management

Ability to quickly and accurately recognize areas of risk/opportunity

Familiarity with operations and strategy of business and specific legal and compliance regulations to which the company is subject

This position interacts regularly with business clients at all levels of management including the Executive Leadership Team, with colleagues at all levels in the Law Department, with outside counsel and with regulatory agencies.

QUALIFICATIONS:

· J.D. degree from an ABA-accredited law school
· Active bar admission in good standing in at least one state
· Minimum of five (5) years’ experience in relevant areas of the law in private practice or a corporate law department
· In-house experience in a consumer branded business is highly desirable