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The Legal and Compliance Counsel will be responsible for providing guidance, direction and assistance primarily to Cepheid, but also as shared resources to other Danaher Dx companies, in connection with a wide variety of (a) legal and business matters and (b) for supporting the Compliance Program, to support Commercial, High-Burden Developing Countries (HBDC) business, and other functional areas in Africa.
The Legal and Compliance Counsel will report to the Regional Counsel METAI – Danaher Diagnostics Platform, Cepheid’s Senior Legal Counsel in Toulouse, France and to Cepheid’s Chief Compliance Officer in Sunnyvale, California, USA (the “Report Team”).
ESSENTIAL JOB RESPONSIBILITIES:
- Draft, review, negotiate, strategize, document commercial transactions, contracts, and other legal arrangements including distribution, supply, services, sub-contracts, and procurement transactions, both with Governments agencies and private partners.
- Build and maintain positive relationships with local leadership and other strategic partners; proactively engage and advise colleagues on the prioritization of risks and to identify, monitor and improve key processes and internal controls.
- In coordination with the Report Team, develop and implement appropriate approaches to dispute resolution, lawsuits, and arbitrations; provide regular, clear communication of litigation issues and opportunities to the affected business and Report Team.
- Constantly emphasize and demonstrate operational excellence and balanced risk taking.
- Conduct training and education as deemed necessary or appropriate, i.e. within legal matters, legal spend.
- Assist the Report team with mergers & acquisition in Africa.
- Educate business leadership on the appropriate use and leverage of in-house counsel.
- Assist HR colleagues with labor law support.
- Assist Quality and Regulatory Affairs colleagues with regulatory law support.
- Under Report Team direction, select appropriate outside counsel and work closely with them.
- Monitor external legal spend closely and constantly work to reduce cost for outside counsel.
- Ensure transparent and reactive reporting to the Report Team.
- At the direction of the Chief Compliance Officer, support Cepheid’s comprehensive Compliance Program, including:
- Implement planned activities such as policy and procedure management, lead training, conduct monitoring, and direct investigations.
- Promote (a) use of the Compliance Hotline, (b) awareness of the Code of Conduct, and (c) understanding of new and existing compliance issues and related policies and procedures.
- Monitor and report results of compliance/ethics efforts and provide guidance to associates on compliance matters.
- Act as a strategic and tactical compliance business partner for associates, leadership, and multiple functional groups.
- Support third party due diligence screening.
- Identify potential areas of compliance vulnerability and risk; develop and implement corrective actions; and provide general guidance on avoiding or dealing with similar situations in the future.
- Collaborate closely with colleagues in Legal, Internal Audit, HR, Finance and other core functions to direct compliance issues through the appropriate channels for investigation and resolution as well as work towards future improvements to the Compliance Programs.
- Support Danaher and the Diagnostic Platform’s compliance efforts and other initiatives and projects as needed.
- Master of Arts in Law from Kenyan / South African and / or English law school.
- Licensed to practice law in Kenya / South Africa.
Experience and knowledge:
- 4 or more years of practice, preferably from an international law firm, or equivalent in-house experience, or a combination of the two, in the Life Sciences, Medical Device or Pharmaceutical industry.
- Significant experience in reviewing Public procurement agreements and negotiation with public agencies and international organizations.
- Knowledge and understanding of compliance programs.
- Knowledge of applicable regulatory and compliance requirements, including the U.S. Foreign Corrupt Practices Act and laws and industry codes for interactions with healthcare professionals, with an understanding of how these requirements apply to Cepheid’s daily operations.
- Project management skills, to include managing and prioritizing multiple concurrent projects and reporting progress.
- Preferred experience in third party due diligence screening, conducting and managing investigations, and developing and maintaining policies, procedures, and other guidance documents.
- Exposure to and success in a dynamic business environment.
- Some experience that suggests an ability to hit the ground running in a “start-up” function within a complex, matrixed organization is necessary.
- Ability to travel domestically and internationally as needed.
- Must be an excellent lawyer, able to explain complex legal points to business leaders with varying degrees of sophistication about legal matters; able to take business leaders’ concerns and demands into account in how best to pursue legal strategies.
- Business minded. Able to quickly understand the business’ needs, work effectively with business teams, other members of the Legal department, and other internal groups to craft solutions and efficiently deliver results.
- Excellent communication, drafting, and negotiation skills.
- Demonstrated capability of working efficiently, learning quickly, meeting demanding deadlines in a fast-paced environment, prioritizing workflow, and adjusting to frequent change.
- Practical approach to problem-solving and the ability to effectively counsel internal clients by providing them clear, concise advice to meet their business needs.
- High integrity and ethics in all dealings – internal, external and personal; non-political in conduct, while understanding internal and external political dynamics.
- Innovative, adaptable, creative, with the appetite to challenge assumptions and working practices constructively.
- A resilient individual, who can operate independently, show skills in analysis, judgment and decision making, and work for long-term, sustainable change.
- Capable of building positive relationships within Cepheid and with its customers, including welcoming others and taking opportunities to help others to achieve their objectives.
- An excellent listener with a high degree of curiosity and appetite for learning.
- Highly responsive and service-oriented with superior legal and business judgment.
- Fluency in English required.
Danaher Corporation and all Danaher Companies are equal opportunity employers that evaluate qualified applicants without regard to race, color, national origin, religion, sex, age, marital status, disability, veteran status, sexual orientation, gender identity, or other characteristics protected by law. The “EEO is the Law” poster is available here.