Senior Counsel II, U.S. Antitrust

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At Gilead, we’re creating a healthier world for all people. For more than 35 years, we’ve tackled diseases such as HIV, viral hepatitis, COVID-19 and cancer – working relentlessly to develop therapies that help improve lives and to ensure access to these therapies across the globe. We continue to fight against the world’s biggest health challenges, and our mission requires collaboration, determination and a relentless drive to make a difference.
 

Every member of Gilead’s team plays a critical role in the discovery and development of life-changing scientific innovations. Our employees are our greatest asset as we work to achieve our bold ambitions, and we’re looking for the next wave of passionate and ambitious people ready to make a direct impact.
 

We believe every employee deserves a great leader. People Leaders are the cornerstone to the employee experience at Gilead and Kite. As a people leader now or in the future, you are the key driver in evolving our culture and creating an environment where every employee feels included, developed and empowered to fulfil their aspirations. Join Gilead and help create possible, together.

Job Description
 

Gilead Sciences is a biopharmaceutical company that discovers, develops, and commercializes innovative therapeutics in areas of unmet medical need. The company's mission is to advance the care of patients suffering from life-threatening diseases worldwide. Headquartered in Foster City, California, Gilead has operations in North, South and Central America, Europe, Africa, Asia, and Australia. Gilead makes it a priority to increase access to its medicines for people who can benefit from them, regardless of where they live or their economic status. 

Sr Counsel, U.S. Antitrust

The Global Competition Law (GCL) team in the Gilead Legal Department is seeking an experienced attorney to serve as an expert on US antitrust issues, advising on U.S. pricing and commercialization issues, and advising other teams responsible for intellectual property, development, regulatory, litigation/investigations and supply chain matters in matters with US antitrust relevance. The U.S. Antitrust expert will also be assisting, as other members of the Global Competition Law team, corporate legal colleagues to provide antitrust and merger clearance-related support on corporate transactions (e.g., collaborations, licensing, M&A) and alliance management activities. The individual will report to the Global Lead of Competition Law and expected to work collaboratively with the other members of the team as well as with other teams which focus on the support to the U.S. organization and projects with U.S. focus. We are looking for a thoughtful, creative, innovative, and friendly individual, with excellent collaborative skills to join the team. We are passionate about getting innovative medicines to patients to improve the health and well-being of our communities.

Candidates with an in-depth understanding of federal/state antitrust laws and unfair competition laws is essential, with knowledge of managed markets and health care fraud and abuse laws preferred. Experience advising on commercial agreements for biotech and/or pharmaceutical companies is strongly preferred

The GCL is part of the Global Legal Business Partners organisation, a group of lawyers that sit with the business to identify and manage diverse legal and reputational risks in a complex, highly regulated environment.  As part of the GLBP organization, the Global Competition lawyers are expected to create a competitive advantage by being involved early, providing solutions-oriented advice, and enabling the business to pursue successful strategies that achieve results for our patients and shareholders. The ideal candidate for this role will therefore be prepared to be in a fast-paced environment with a business-minded, practical approach.

Essential Duties and Job Functions

This Associate General Counsel will serve as a key member of and leader within the Legal team. Responsibilities include, but are not limited to:

U.S. Antitrust Counsel

• Advise on U.S. antitrust laws for business proposals ranging from pricing, contracting, and U.S. managed markets projects.
• Counsel U.S. therapeutic area business units and Managed Markets, patient support and trade teams from an antitrust perspective and in collaboration with other Global and U.S. Legal Business Partners and on pricing, access, patient support, launches, and projects that potentially implicate healthcare fraud and abuse issues.
• Work closely with other Global Competition Law colleagues to assess antitrust risk from a U.S. perspective and partner on enterprise-wide compliance efforts, including trainings, policies and procedures, guidance materials, and thought leadership
• Work closely with our Corporate Legal colleagues to provide support on mergers, acquisitions, collaborations and other strategic efforts (e.g., regarding merger clearance and alliance implementation).
• Work closely with our Litigation & Investigation colleagues to assist in supporting relevant litigation and in responding to requests from the U.S. Department of Justice, Federal Trade Commission or other U.S. regulatory bodies, as well as address questions that arise related to antitrust in the IP or other contexts.
• Contribute to the efforts of the Global Competition Law team in advocating for greater awareness and focus on antitrust issues across the company.

Desired Skills:

• Experience analyzing and advising on U.S. federal and state antitrust laws and state unfair competition laws, preferably for biotech or pharmaceutical companies, including on pricing and commercialization issues, corporate transactions, IP, regulatory and other matters.

• Understanding of (i) health care compliance, (ii) pricing and contracting arrangements, (iii) how the U.S. regulatory/enforcement bodies operate, and (iv) the rules and regulations concerning healthcare programs (including Medicare, Medicaid, 340B, and the Veterans Administration).

• Experience implementing antitrust compliance programs (e.g., trainings, guidance materials, procedures and policies) to educate and empower stakeholders to operate and achieve business objectives in full compliance with applicable laws

• Experience responding to requests from government authorities, addressing litigation concerning antitrust issues, and addressing HSR merger notification requirements.

• Experience analyzing and advising on Federal Anti-Kickback Statute and related exceptions and safe harbors, coverage and reimbursement issues, and government pricing issues.

• Individual must be a team player, capable of working in an international environment, self-motivated, able to demonstrate a history of successfully resolving challenging legal issues and able to effectively deliver sound and clear legal advice in a business setting; ability to work well with other Legal team members and build consensus among various stakeholders while maintaining a compliant approach.

• Leveraging influence, the individual is expected to be capable of working in a complex organizational context, applying good judgement decisions with a considerable degree of autonomy, in a highly matrixed environment.

Requirements:

• J.D. from a nationally accredited law school

• Admission to CA state bar, registration as in-house counsel, or ability to gain admission or registration for either in applicable state within 90 days

• 8+ years antitrust experience at a law firm or in-house preferred

Gilead Core Values:

• Integrity (Doing What’s Right)

• Inclusion (Encouraging Diversity)

• Teamwork (Working Together)

• Excellence (Being Your Best)

• Accountability (Taking Personal Responsibility)

 

The salary range for this position is: $216,070.00 - $279,620.00. Gilead considers a variety of factors when determining base compensation, including experience, qualifications, and geographic location. These considerations mean actual compensation will vary. This position may also be eligible for a discretionary annual bonus, discretionary stock-based long-term incentives (eligibility may vary based on role), paid time off, and a benefits package. Benefits include company-sponsored medical, dental, vision, and life insurance plans*.

For additional benefits information, visit:

https://www.gilead.com/careers/compensation-benefits-and-wellbeing

* Eligible employees may participate in benefit plans, subject to the terms and conditions of the applicable plans.

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As an equal opportunity employer, Gilead Sciences Inc. is committed to a diverse workforce. Employment decisions regarding recruitment and selection will be made without discrimination based on race, color, religion, national origin, gender, age, sexual orientation, physical or mental disability, genetic information or characteristic, gender identity and expression, veteran status, or other non-job related characteristics or other prohibited grounds specified in applicable federal, state and local laws. In order to ensure reasonable accommodation for individuals protected by Section 503 of the Rehabilitation Act of 1973, the Vietnam Era Veterans' Readjustment Act of 1974, and Title I of the Americans with Disabilities Act of 1990, applicants who require accommodation in the job application process may contact ApplicantAccommodations@gilead.com for assistance.
 

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