Associate General Counsel, U.S. Antitrust

Employer
Gilead Sciences, Inc.
Location
San Mateo
Salary
Competitive
Posted
May 25, 2023
Closes
May 29, 2023
Practice
Litigation
Position
Counsel
Contract Type
Permanent
Associate General Counsel, U.S. Antitrust
United States – California – Foster CityUnited States – District of Columbia – Washington

Gilead Sciences, Inc. is a research–based bio–pharmaceutical company that discovers, develops and commercializes innovative medicines in areas of unmet medical need. With each new discovery and investigational drug candidate, we seek to improve the care of patients living with life–threatening diseases around the world. Gilead's therapeutic areas of focus include HIV/AIDS, liver diseases, cancer and inflammation, and serious respiratory and cardiovascular conditions.

Making an impact on a global scale
Inclusion is one of the company's five core values. That's because we know that we are stronger and more innovative at Gilead when we are informed by a diverse set of backgrounds, experiences and points of view. 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.

When you join Gilead, you join our mission to change the world by enabling people to live healthier and more fulfilling lives. Come join a mission–driven bio–pharmaceutical organization that values inclusion and diversity, has a strong portfolio of products, and is constantly

For Current Gilead Employees and Contractors:

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At Gilead we believe every employee deserves a great leader. As a people leader now or in the future, we expect that you will model and create an environment of inclusion, be intentionally focused on the hiring, development, growth and retention of talent, and empower teams to align and achieve goals.
Job Description


Gilead Sciences, Inc. is a biopharmaceutical company that has pursued and achieved breakthroughs in medicine for more than three decades, with the goal of creating a healthier world for all people. The company is committed to advancing innovative medicines to prevent and treat life–threatening diseases, including HIV, viral hepatitis, and cancer. Gilead operates in more than 35 countries worldwide, with headquarters in Foster City, California.

Associate General Counsel, U.S. Antitrust

The Gilead Legal Department is seeking an experienced attorney to serve as the go to expert on antitrust issues across the company, advising on U.S. pricing and commercialization issues, working closely with corporate legal colleagues to provide antitrust and merger clearance–related support on corporate transactions (e.g., collaborations, licensing, M&A) and alliance management activities, and advising other teams responsible for intellectual property, development, regulatory, litigation/investigations and supply chain matters. The individual will report to the U.S. Pricing & Access, Commercial Legal team with a dotted line to the International Competition Law team. We are looking for a thoughtful, creative, innovative, and friendly individual to join the team. We are passionate about getting innovative medicines to patients to improve the health and well–being of our communities.

Responsibilities will include advising business units throughout Gilead's organization on initiatives that may have antitrust implications as well as advising on other healthcare regulatory matters from time to time. 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 ideal candidate will be prepared to be in a fast–paced environment with a business–minded, practical approach.

This position will be office–based and located in Foster City, CA, DC or our New Jerseylocation

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 Lead
  • Advise on U.S. antitrust laws for business proposals ranging from pricing, contracting, and U.S. managed markets projects.
  • Work closely with our International 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 any requests from the U.S. Department of Justice, Federal Trade Commission or other U.S. regulatory bodies, as well as address any questions that arise related to antitrust in the IP or other contexts.
  • Advocate for greater awareness and focus on antitrust issues across the company.

General Team Function
  • Counsel therapeutic area business units and Managed Markets patient support and trade teams in collaboration with Global Therapeutic Area Legal (GTAL) and Corporate Legal team members on pricing, access, patient support, launches, and projects that potentially implicate healthcare fraud and abuse issues.
  • Provide healthcare regulatory advice and support to various functions within Gilead including: Commercial Contracting, Patient Support, Trade Relations, Government Affairs, Managed Markets, Global Value & Access, and Government Pricing.
  • Contracting with various managed care organizations, pharmacy benefit managers, distributors, and governmental agencies in compliance with antitrust, healthcare fraud and abuse laws and regulations and other legal obligations when interacting with these entities.

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 at a law firm, regulatory/governmental agency or at a company.
  • Experience responding to requests from government authorities, addressing litigation concerning antitrust issues, and addressing HSR merger notification requirements.
  • 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 analyzing and advising on Federal Anti–Kickback Statute and related exceptions and safe harbors, coverage and reimbursement issues, and government pricing issues.
  • 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).
  • Individual must be a team player, 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, you are capable of working in complex organizational context, often without formal authority, 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.
  • 12+ 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: $248,115.00 – $321,090.00. 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:

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 . click apply for full job details