Senior Counsel, Commercial Americas

The Legal team is responsible for managing the legal affairs of the company, including providing legal counsel across the organization, handling disputes, and creating and enforcing intellectual property.

As a Senior Counsel, Commercial Americas specializing in healthcare technology, SaaS, digital health, and medical device businesses, you will provide strategy legal support across a portfolio of software, platform, data, and medical technology offerings.  The role will support commercial transactions, product initiatives, strategic partnerships, technology integrations, and go to market activities involving cloud-based software solutions, digital health platforms, data services, and connected medical devices.  Key deliverables include providing legal support and advice on commercial and non-commercial matters, competition law issues, and fraud and abuse laws related to healthcare software products and services.  The successful candidate will partner closely with product management, compliance, commercial, marketing and business development teams to enable scalable growth while managing legal, regulatory, privacy, and commercial risk.

Let’s Talk about Responsibilities

• Provide legal advice to our revenue, marketing and product teams on complex legal issues affecting SaaS, cloud-based software, digital health, data, AI-enabled and connected medical device products and services.
• Provide legal support and advice on regulatory, commercial, competition law, issues, privacy (including specific knowledge of HIPAA and US State privacy laws) and federal and state healthcare fraud and abuse laws, including the Anti-Kickback Statute, Stark Law, beneficiary inducement rules, and related healthcare compliance requirements applicable to digital health, software, medical device, and healthcare services businesses.
• Review and advise on relationships involving healthcare providers, physician groups, IDTFs, DME suppliers, referral sources, and strategic collaborators.
• Strong understanding of commercial contracting principles, including contract drafting, negotiation, and interpretation of a wide range of commercial agreements, including SaaS agreements, data processing agreements, technology partnerships, and strategic alliance agreements.
• Advise on legal, privacy, security, and commercial issues associated with software integrations, healthcare data exchanges, and connected technology ecosystems.  Support strategic technology integrations and interoperability initiatives, including API licensing, developer partnerships, data exchange arrangements, third-party platform integrations, EHR connectivity, interoperability frameworks, and data-sharing collaborations.
• Coordinate activities with global counterparts to deliver repeatable and predictable legal advice to product managers, other global commercial lawyers, and global commercial offerings.
• Advise on innovative go to market strategies including novel pathways to reach patients with focus on development and implementation of strategic and operational objectives that help achieve organizational mission and departmental goals.  
• Provide legal guidance and support on marketing and advertising matters, including compliance with healthcare industry regulations.
•  Manage disputes and legal proceedings arising from commercial activities, including pre-litigation negotiations, litigation strategy, and alternative dispute resolution.
• Interact with management and/or major customers and strategic collaborators.  Interactions frequently involve special skills, such as explaining, advising, and collaborating with senior level leaders.
• Supervise outside counsel on issues and projects outsourced by the legal department, as needed.  

Let’s Talk about Qualifications and Experience

• Bachelor’s degree, Juris Doctorate or law degree from accredited law school.
• Minimum of 7-10+ years of legal experience supporting technology, SaaS, software, digital health, healthcare technology, or medical device businesses, with significant experience negotiating complex commercial and technology transactions.
• Experience in healthcare, digital health, healthcare technology, DME, diagnostic testing, provider services, or medical device industries required.
• Demonstrated experience supporting SaaS, cloud computing, software licensing, technology partnerships, data-sharing arrangements, and digital platform businesses.
• Must be in good standing and actively licensed to practice law in California or any state in the United States.
• Sound cross-functional collaboration, ability to strategically prioritize, keep up with a fast-paced entrepreneurial type of environment.   You must be able to deal with ambiguity and seek out opportunities to contribute across various teams.
• Excellent communication and interpersonal skills, with the ability to collaborate effectively with internal and external stakeholders.
• Proven problem-solving abilities and a proactive approach to identifying and addressing legal risks and issues.
• California resident preferred, will consider remote location for the right candidate.
• Experience working on global projects or across cultures a plus.
• CIPP-US certification preferred but will consider candidates willing to obtain certification within first year.

We are shaping the future at ResMed, and we recognize the need to build on and broaden our existing skills and continue to attract and retain the world’s best talent. We work hard to offer holistic benefits packages, provide flexible work arrangements, cultivate a workforce culture that allows employees to grow personally and professionally, and deliver competitive salaries to our team members. Employees scheduled to work 30 or more hours per week are eligible for benefits. This position qualifies for the following benefits package: comprehensive medical, vision, dental, and life, AD&D, short-term and long-term disability insurance, sleep care management, Health Savings Account (HSA), Flexible Spending Account (FSA), commuter benefits, 401(k), Employee Stock Purchase Plan (ESPP), Employee Assistance Program (EAP), and tuition assistance. Employees accrue fifteen days Paid Time Off (PTO) in their first year of employment, receive 11 paid holidays plus 3 floating days and are eligible for 14 weeks of primary caregiver or two weeks of secondary caregiver leave when welcoming new family members. 

Individual pay decisions are based on a variety of factors, such as the candidate’s geographic work location, relevant qualifications, work experience, and skills.

At ResMed, it is not typical for an individual to be hired at or near the top of the range for their role and compensation decisions are dependent on the facts and circumstances of each case.  A reasonable estimate of the current base range for this position is: 

$178,000 - $266,000

Joining us is more than saying “yes” to making the world a healthier place. It’s discovering a career that’s challenging, supportive and inspiring. Where a culture driven by excellence helps you not only meet your goals, but also create new ones. We focus on creating a diverse and inclusive culture, encouraging individual expression in the workplace and thrive on the innovative ideas this generates. If this sounds like the workplace for you, apply now! We commit to respond to every applicant.