The Associate General Counsel, US Commercial and M&A (based in Hershey, PA) is responsible for setting strategic direction for the US Commercial and M&A function within the Law Department and for partnering with the Company’s President US Vice President M&A, and US Sales and Marketing Departments to establish and implement legal strategies, programs, and training for US sales, marketing, and global M&A activities.
Candidates must have extensive experience managing the key commercial needs of a global, Fortune 500 company. At a minimum, candidates should be able to demonstrate significant experience in the following areas:
• Marketing – legal support in the preparation and review of agency and marketing agreements
• Sales - legal support to sales force regarding distribution, promotions, antitrust compliance, customer agreements, trade promotions and pricing strategies
• M&A – legal support for M&A activity, including drafting and negotiating purchase and sale agreements, joint venture agreements and coordinating due diligence efforts
• People Development – strong people leadership skills with passionate commitment to foster a diverse, inclusive, and collaborative culture to engage, retain and develop our talent in order to deliver high impact Law and business results
International transactions and business experience, particularly ecommerce, are required as is significant experience in risk evaluation, risk forecasting and risk management. Demonstrated ability to work both cross-functionally and with others within the Law Department to achieve desired outcomes is a must. Familiarity with regulatory requirements for food labeling, claims and customs is preferred.
Candidates must be exceptional communicators with proven ability to facilitate discussions and issue resolution among leaders in the Law Department and the business. A strong grasp of M&A and Law Department strategies is essential.
Summary of major duties:
1. Lead US Commercial and M&A Function within Law Department
• Serve as primary liaison and business partner for the President US and leadership team as well as the Vice President M&A partners with other senior leadership as appropriate
• Identify, prioritize, plan and implement commercial and M&A projects in support of Law business operations
• Provide risk-aware, actionable legal advice on commercial and M&A projects and initiatives
• Oversee and manage internal Law Department resources
• Inspirational leadership for direct & indirect reporting (attorneys and professional staff)
• Ensure resources are effectively leveraged to provide accurate, timely legal advice
• Support internal resources and assist with resolution of key matters as needed
2. Issue Resolution and Counseling
• Provide research, analysis, recommendations and issue resolution to Law Department and business leadership.
• Provide legal counseling and training to US Sales and Marketing teams
• Effectively leverage outside counsel to assist with issue resolution and pro-active counseling as needed to ensure “best value” legal capabilities
3. Matter Management
• Marketing – Provide legal support to the marketing organization in the preparation and review of agency and marketing agreements
• Sales - Provide legal support to sales force regarding distribution, promotions, antitrust compliance, customer agreements, trade promotions and pricing strategies
• M&A – Provide legal support for M&A activity, including drafting and negotiating purchase and sale agreements, joint venture agreements and coordinating due diligence efforts
• Manage outside counsel resources to implement and execute case strategies in cost-effective manner
4. Strategic and Financial Planning; Analysis; Reporting
• Develop and implement 5-year US Commercial and global M&A strategy, derived from Law Department strategy
• Develop and deliver annual US Commercial and M&A team budget
• Develop and use diagnostic tools and approaches to measure effectiveness, including but not limited to qualitative data collection, surveys, metrics and scorecards
• Analyze data and identify trends and opportunities to improve organizational agility and ability to predict and react to changes in the competitive market.
Minimum knowledge, skills and abilities required to successfully perform major duties/responsibilities:
• Able to operate both strategically and tactically, as well as provide vision and leadership, on all US Commercial and M&A matters
• Able to develop strong cross-functional relationships and lead cross-functional projects
• Strong quantitative and qualitative analytic skills
• Able to analyze business processes and recommend and implement process improvements
• Strong critical thinking skills with a methodological approach to problem solving. Understands the underlying issues and components of a problem or opportunity and perceives complex cause-and-effect patterns. Identifies patterns and trends from past experiences that relate to a current situation and uses that knowledge to come up with creative solutions and new ideas
• Excellent communication skills, written and verbal, with emphasis on clear and concise interaction with business leadership and the Law Department
• Works cooperatively as a member of a team and is committed to the overall team objectives rather than own interests
• Global mindset
• Strong business acumen with a strong understanding of financial metrics and P&L fundamentals
• Demonstrated ability to interact effectively with and influence the decision making of Law Leaders and senior business leaders
• Strong desire for personal and professional development
• Ability to multi-task in a fast paced environment
Education and Experience:
Education: Juris Doctorate from an accredited law school.
• 8+ years of relevant experience with a major law firm or corporation; minimum 2-3 years’ experience in a corporate, in-house legal setting is strongly preferred.
• International transactions and business experience.
• Ability to prepare or revise M&A and related agreements.
• Ability to summarize and explain legal documents to the commercial teams and to capture commercial concerns and goals in the legal agreements.
• Experience in supervising and coordinating outside counsel and other advisors both nationally and internationally.
• Experience and knowledge in risk management and evaluation.
• Admission to practice law in the Commonwealth of Pennsylvania or eligible for admission on proof of practice elsewhere.
• Experience in regulatory and/or packaged goods environment is preferred.