Commercial Legal Counsel

仕事内容

BACKGROUND ON DANAHER & PRODUCT IDENTIFICATION BUSINESSES

The Product Identification Business is part of Danaher Corporation’s Environmental & Applied Solutions Platform of companies and is combined of a group of independent companies that develop and manufacture equipment, consumables and software for various printing, marking, coding, design and color management applications on consumer and industrial products. The “Packaging and Color Management” companies are part of the Product Identification Business comprising Esko, X-Rite and Pantone. Esko is a worldwide market leader of software for artwork creation, structural design, pre-production, workflow automation, quality assurance and online collaboration. X-Rite is a global leader in the science and technology of color and appearance and Pantone is a provider of the universal language of color that enables color-critical decisions through every stage of the workflow for brands and manufacturers. The “Packaging and Color Management” companies’ solutions support and manage the packaging and print processes as well as color at major brands, retailers, designers, print houses and packaging manufacturers. Esko, X-Rite and Pantone, are headquartered in Gent, Belgium, Grand Rapids, Michigan (USA) and Carlstadt, New Jersey (USA) respectively and have associated legal entities in many parts of the world. The group employs approximately 2,400 employees. This position will be in the legal team that supports the “Packaging and Color Management” companies.

Danaher is a multinational conglomerate with Operating Companies organized in three strategic segments: Environmental & Applied Solutions, Life Sciences and Diagnostics.

Position Summary

The Legal Counsel will, as a member of the legal team, assist with leading and negotiating the terms of various types of commercial transactions on behalf of the Packaging & Color Management companies, and be involved in other legal matters for the group. In addition, she/he will also be involved in providing guidance to the business and implementing the group’s anti-corruption, FCPA & compliance programs. The focus of the role will be to support the group’s “Supplier Business” globally, particularly X-Rite and Pantone but also Esko and will include drafting, negotiating, managing, and overseeing various types of commercial agreements, including managing the contract process generally. The position will include drafting, reviewing, and negotiating a wide variety of commercial agreements, including software agreements (SaaS, SLA, EULA, etc.), equipment sales agreements, service agreements, master agreements with global accounts, OEM agreements, distributor agreements, sales representative (agent) agreements, supplier agreements, trademark/copyright licensing agreements, nondisclosure agreements, joint development agreements, leases and other general commercial agreements. The Legal Counsel will also manage and ensure that the contract process for routine orders has the right balance of efficiency and risk management. In addition, depending on experience levels, this role may assist with smaller merger and acquisition-based transactions for companies that are complimentary to the group’s strategic goals. The role will involve training business leaders and sales/service employees on efficient contract negotiation and other topics that touch on commercial law, such as distributor management, competition laws and compliance, including global distributor compliance programs.

ESSENTIAL DUTIES AND RESPONSIBILITIES:

Gaining a solid understanding of the group’s business, specifically X-Rite and Pantone but also Esko, its goals and challenges and identifying appropriate commercial contract strategies to facilitate those goals and minimize those challenges on a global basis. Negotiating, strategizing, documenting, and approving commercial transactions, contracts, and other legal arrangements, including software, end-user, hardware, marketing, trademarks/copyrights licensing, distributor, dealer, sales agent, supplier, and other partners. Assist with other commercial-related legal advice, such as avoiding or resolving disputes with customers or suppliers and advising on renewing/terminating worldwide distributors. Experience with software-related agreements, joint development agreements and negotiating IP issues is required. Experience with negotiating complex agreements with multi-national companies is helpful. Positive attitude and ability to confidently discuss contract terms with customers is critical. The role requires knowledge of or willingness to learn and lead worldwide anti-corruption and compliance program for third-party sellers (distributors, integrators, OEMs, etc.); knowledge of policies and programs relating to anticorruption, compliant business practices and competition rules. Assist with the creation, development and implementation of processes, policies, and training to the business team to support the commercial needs of the business. Willing to work on the smallest and simplest, as well as the most complex, legal matters faced by the company. Over time, additional responsibilities could be added beyond commercial work depending on interest and experience level.

MAJOR OBJECTIVES AND CRITICAL SUCCESS FACTORS:

Must be an excellent lawyer, able to explain complex legal points to associates with varying degrees of sophistication about legal matters; able to take their concerns and demands into account in how best to pursue legal strategies. Ability to work independently on multiple issues and prioritize to achieve goals efficiently; ability to assist with the creation and implementation of efficient processes. Able to negotiate agreements politely and confidently with customers. Ability to adapt to a fast paced, high-performance, and lean environment with a culture of continuous improvement. Able to command the respect of, and influence, business leaders, and outside counsel across a wide spectrum of experience, sophistication, and cultural differences. High sense of urgency, productive mindset, and capability, and with the motivation to assume responsibilities. Tough-minded but able to be flexible when necessary to come up with alternative solutions to complex problems; able to think on feet; ability to engage in critical discussion without personalizing outcomes. High integrity and ethics in all dealings – internal, external, and personal; non-political in conduct, while understanding internal and external political dynamics. Open to learning, sense of humor Personal modesty combined with highest professionalism and integrity for the company. Global mindset combined with an ability to make things happen at a local level. Must be comfortable with direct line manager located in the United States. Being a good colleague as part of the Packaging and Color Management companies’ legal team and for Danaher lawyers around the world.

Education And Experience

A law degree from a European or US law school with top academic performance. At least 3-4 years working experience in a law firm with international exposure or in a multinational company, or combination of the two. Experience in-house preferred; some experience that suggests an ability to hit ground running in a complex, matrixed organization is a must. Substantial experience handling various commercial agreements with focus on Hardware and Software, Master Agreements, SaaS, Software Licensing Agreements, OEM Agreements and Marketing Agreements. Ability to travel domestically and internationally as needed. Fluency in English (written and spoken) required. Fluency in German (written and spoken) is considered a strong plus. Skill of using Microsoft software (Word, PowerPoint, Excel, Teams and SharePoint). Legal research skills Flexibility to work on projects not listed above is required.

When you join us, you’ll also be joining Danaher’s global organization, where 69,000 people wake up every day determined to help our customers win. As an associate, you’ll try new things, work hard, and advance your skills with guidance from dedicated leaders, all with the support of powerful Danaher Business System tools and the stability of a tested organization.

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