Senior Counsel, Market Access and Commercial Operations

Posted 13 Jun 2019

Rockland, Massachusetts - United States

Req Id 190465



A career with EMD Serono is an ongoing journey of discovery: our 51,000 people are shaping how the world lives, works and plays through next generation advancements in healthcare, life science and performance materials. For more than 350 years and across the world we have passionately pursued our curiosity to find novel and vibrant ways of enhancing the lives of others. EMD Serono is a business of Merck KGaA, Darmstadt, Germany.


Your role:

This is a generalist position reporting to the Associate General Counsel for Market Access and Commercial Operations. The Senior Commercial Counsel will support the following functions: Market Access (including the Trade/Supply Chain group), Finance, Procurement, Government Affairs, Business Excellence (Intelligence and Analytics), Information Technology, Real Estate and other company-wide functions as assigned. The Senior Commercial Counsel will work directly with the Vice President, General Counsel on special legal projects as assigned and represent the Legal Department on inter-departmental project teams.

  • Provide comprehensive legal support to Market Access, including drafting and review of pharmacy benefit manager agreements, payor agreements, specialty pharmacy agreements, wholesaler agreements, specialty distribution agreements, government contracts and advice regarding the risks associated with such contracting.
  • Manage the review and negotiation of commercial contracting in support of the other commercial functions listed above, including master services agreements, consulting agreements, licensing agreements, subscription agreements, agreements relating to real estate matters and other agreements relating to the operation of a pharmaceutical company in the US.
  • Responsible for all matters related to healthcare professional contracting in support of Market Access, including advisory boards and any other healthcare professional consulting arrangements.
  • Manage risks through counseling and practical application of EMD Serono policies and procedures to Market Access and commercial operations..
  • Provide advice regarding interactions with pharmacy benefit managers, payors, specialty pharmacies and other stakeholders in the market access space, including data privacy matters.
  • Develop and monitor implementation of policies and procedures for Market Access.
  • Develop and deliver training on legal matters to Market Access and other commercial operations stakeholders.
  • Communicate with global legal colleagues to provide consistent advice and share knowledge of global projects, actively participate in Legal Department projects, and assist the General Counsel on both U.S. and non-U.S. legal matters, as assigned. 

Who you are:

  • J.D. and bar admission required with minimum of 7-10 years’ experience.
  • Experience in a top-tier law firm strongly preferred.
  • Pharmaceutical industry experience strongly preferred, either as external counsel, internal counsel, or at a government agency.
  • Experience with government investigations preferred, but not required.
  • Working knowledge of relevant areas of healthcare law, including fraud and abuse, advertising and promotion, privacy, and transparency laws.
  • Enthusiastic, energetic, self-starter.
  • Able to work independently.
  • Able to build collaborative working relationships and influence cross-functionally.
  • Excellent communication skills.
  • Attention to detail and ability to work simultaneously on multiple priorities.
  • Very strong drafting, negotiating and analytical skills.
  • Adaptability and flexibility to changing priorities.
  • Comfortable working and interacting with all levels of management.

What we offer: With us, there are always opportunities to break new ground. We empower you to fulfil your ambitions, and our diverse businesses offer various career moves to seek new horizons. We trust you with responsibility early on and support you to draw your own career map that is responsive to your aspirations and priorities in life. Join us and bring your curiosity to life!

Curious? Apply and find more information at


The Company is an Equal Employment Opportunity employer. No employee or applicant for employment will be discriminated against on the basis of race, color, religion, age, sex, sexual orientation, national origin, ancestry, disability, military or veteran status, genetic information, gender identity, transgender status, marital status, or any other classification protected by applicable federal, state, or local law. This policy of Equal Employment Opportunity applies to all policies and programs relating to recruitment and hiring, promotion, compensation, benefits, discipline, termination, and all other terms and conditions of employment. Any applicant or employee who believes they have been discriminated against by the Company or anyone acting on behalf of the Company must report any concerns to their Human Resources Business Partner, Legal, or Compliance immediately. The Company will not retaliate against any individual because they made a good faith report of discrimination.

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