Senior Counsel, Market Access & Commercial Operations

The businesses of Merck KGaA, Darmstadt, Germany•Boston, MA
•$200,400 - $300,600•Hybrid

About The Position

The Senior Counsel, Market Access & Commercial Operations serves as a trusted legal partner to U.S. Market Access, Trade and Distribution, and Commercial Operations teams. The role provides strategic and practical legal counsel on healthcare law, regulatory compliance, commercial strategy, and business-critical transactions. The position advises on payer contracting, pricing and reimbursement strategies, field reimbursement activities, and value-based or outcomes-based arrangements. It drafts, reviews, and negotiates agreements with specialty pharmacies, wholesalers, specialty distributors, pharmacy benefit managers, group purchasing organizations, and third-party logistics providers. It also advises on government pricing frameworks, commercial contracting compliance, and applicable healthcare laws and industry standards. In addition, the role supports Commercial Operations functions, including Finance, Tax, and Real Estate, and leads corporate governance activities for U.S. legal entities. Working with Commercial, Compliance, Medical Affairs, Regulatory, and Government Affairs teams, the Senior Counsel helps align business practices with legal standards and identify and mitigate risks in commercial strategies and reimbursement initiatives. The role also develops and delivers legal training to the market access team and contributes to corporate policies and governance frameworks.

Requirements

  • Juris Doctor (J.D.) degree from an accredited U.S. law school.
  • Active bar membership in good standing in at least one U.S. jurisdiction.
  • At least 8 years of legal experience, with significant transactional experience in healthcare, pharmaceutical, or life sciences law.
  • Deep knowledge of healthcare laws and regulations applicable to pharmaceutical commercialization, including the Anti-Kickback Statute, False Claims Act, and applicable FDA and CMS requirements.
  • Demonstrated ability to draft, review, and negotiate complex commercial agreements with a range of healthcare industry counterparties.
  • Strong analytical skills and ability to interpret and apply laws, regulations, and guidance in a practical, business-oriented manner.
  • External applicants must be eligible to work in the U.S.; this role does not offer work authorization sponsorship.

Nice To Haves

  • Prior in-house legal experience at a pharmaceutical or biotechnology company.
  • Experience supporting commercial business units, including payer engagement, commercial contracting, pricing, and patient access strategies.
  • Background in compliance counseling or engagement with government agencies such as the Office of Inspector General, Department of Justice, or FDA.

Responsibilities

  • Provide strategic and practical legal counsel to U.S. Market Access, Trade and Distribution, and Commercial Operations teams.
  • Advise on payer contracting, pricing and reimbursement strategies, field reimbursement activities, and value-based or outcomes-based arrangements.
  • Draft, review, and negotiate agreements with specialty pharmacies, wholesalers, specialty distributors, pharmacy benefit managers, group purchasing organizations, and third-party logistics providers.
  • Provide legal guidance on government pricing frameworks, commercial contracting compliance, healthcare laws, and industry standards.
  • Support Commercial Operations functions, including Finance, Tax, and Real Estate.
  • Lead corporate governance activities for U.S. legal entities.
  • Collaborate with Commercial, Compliance, Medical Affairs, Regulatory, and Government Affairs teams to align business practices with legal standards.
  • Identify and mitigate legal risks in commercial strategies and reimbursement initiatives.
  • Develop and deliver legal training to the market access team.
  • Contribute to the refinement of corporate policies and governance frameworks.

Benefits

  • Health insurance
  • Paid time off (PTO)
  • Retirement contributions
  • Other perquisites
  • Position may be eligible for sales or performance-based bonuses

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What This Job Offers

Job Type

Full-time

Career Level

Senior

Education Level

Ph.D. or professional degree

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