Senior Counsel, Commercial Law

Partner with, and provide pragmatic and solutions oriented legal advice and support to, rapidly growing Commercial and Medical Affairs organizations; identify and resolve critical legal and business issues associated with product launch and market entry and communicate those solutions clearly and concisely. Provide counsel on state and federal laws and regulations impacting commercial operations, including Anti-kickback Statute, False Claims Act, OIG Guidance, PhRMA Code, and state drug pricing transparency laws.

Advise on a wide variety of matters related to: distribution, trade, and channel strategy across specialty pharmacies, distributors, wholesalers, GPOs, and PBMs; establishing compliant patient support programs; pricing, coverage and reimbursement strategies under Medicare Parts [B and D], Medicaid, and Veterans Health Care Act; government pricing matters, such as requirements and compliance with Medicaid Drug Rebate Programs (MDRPs) including impact to Average Manufacturer Price, Best Price and other price reporting calculations, and PHS 340B program; Federal Supply Schedule (FSS) contract, including annual negotiation of FSS prices and reporting in compliance with Federal Acquisition Regulations (FARs) and the Veterans Health Care Act.

Advise on promotional, medical, training and disease awareness materials for compliance with applicable laws and regulations by participating as Legal reviewer on promotional and medical materials review committees.

Assist with government price reporting audits and related processes.

Draft, review, and negotiate business agreements, including those with vendors, healthcare professionals, centers of excellence, specialty pharmacies, patient support vendors, payor agreements, distributor, GPO and wholesaler agreements, and sponsorship, grant and charitable contribution arrangements. Ensure all agreements comply with applicable healthcare laws, internal polices and government pricing requirements.

Partner effectively with the broader Legal/Compliance team and with internal clients as a trusted strategic business partner.

Develop and conduct policies and training, including periodic updates, for internal teams on relevant topics and legal developments; play a key role in building and driving a culture of compliance throughout theoorganization.

As a member of the Commercial Legal Team, actively contribute to the legal function by building a positive culture, fostering engagement, sharing best practices and participating in initiatives focused on building departmental and functional knowledge and competencies.

J.D. from an accredited law school and member in good standing of the Massachusetts bar.

A minimum of ten years of experience within the biotech, pharmaceutical, or life sciences industry and in-depth knowledge of product development, U.S.commercial, compliance and regulatory matters related to the launch and subsequent commercialization in the U.S. of branded pharmaceutical products. Experience with trade, distribution and market access contracting (including payer, formulary, specialty pharmacy etc.) is a plus.

Thorough understanding of healthcare laws and regulations related to commercialization and launch of biopharmaceutical products in the U.S. and preferably, ex-U.S. as well, including False Claims Act, the Anti-Kickback Statute, OIG guidelines and opinions, the Sunshine Act, FCPA. fraud and abuse, transparency and other healthcare compliance matters, pricing laws and implications, and commercial launch strategies.

Pragmatic, agile and mindset with the ability to manage multiple tasks timelines in a fast-paced environment with attention to quality and detail.

Ability to cultivate strong stakeholder relationships and successfully influence leadership and peers with tact, diplomacy and professionalism.

Commitment to collaboration, professionalism and ethical conduct, including ability to handle confidential and/or sensitive information.

Excellent verbal and written skills, allowing for an open and effective dialogue throughout the company