Legal Counsel – IT (8-10 yrs)
Job Responsibilities :
1. To provide professional legal advice, legal leadership, strategy and risk management through knowledge experience and help develop compliance systems and processes for all legal operations and all areas of the business in India in conjunction with functional and business leaders in the countries and with appointed external legal advisors.
2. To provide and set strategic direction, sound balanced legal advice on a wide range of corporate commercial matters. Accountability for corporate compliance and legal issues. Oversight for various legal regulatory and government affairs related matters.
3. To provide guidance, advice on product developments and approval on marketing claims and marketing materials in India and overseas.
4. Review and participate in the negotiation review and approval of material contracts. To pro actively ensure compliance in all areas of laws and contractual agreements and have preventive measures in place. To ensure the legality of all significant contracts entered in particular with regard to third party contractors, distributors, purchasing, employment, compensation etc.
5. To advise on employment related issues e.g. termination, severance, mutual separation, outsourcing arrangements, employment templates.
6. To participate in negotiation and advice and be involved in preparation of documentation for mergers, disposals, restructures, strategic alliances, acquisitions of companies (if any).
7. To participate, assist and liaise with corporate functional departments on key technical service fee agreements, professional consultancy/services agreements, licensing and assignments as well as in dealing with third parties in matters of conflict and settlement.
8. To be actively involved in managing potential litigation and ensure company’s interest is protected. To advise and assist the business partners in negotiations with third parties and to assist as appropriate in concluding settlements.
9. To work with external counsel to manage IP enforcement programs in India and united states.
10. To coordinate and work with regional team and corporate groups in the global function such as the IP COE, Employment COE, contract management, partner laws.
11. To ensure that all material legal and compliance-related issues are approved by in accordance with policies and guidelines.
12. Development and maintenance of relationships with relevant external contacts and organisations (e.g. external lawyers, lawyers of key customers/competitors, governmental organisations, regulators, trade / industry associations, external bodies etc). Identifying work to be outsourced, selection, and management of external lawyers, their fee arrangements and service levels. When the event requires the appointment of external lawyers, to instruct external lawyers, manage and liaise with them.
13. To work with Compliance & Ethics to drive compliance in India including driving compliance training and initiatives in India and overseas.
14. To develop and have training programs for non-legal functions on contractual, intellectual property, marketing law issues, where necessary.
16. Drafting, negotiating, reviewing all kinds of agreements and ancillary documentation. This includes Distributor Agreements, Service Agreements, Author Agreements, Training Centre Agreements, Commercial Lease Agreements, SaaS Agreements, License Agreements etc.
17. Co-ordinating with various internal stakeholders and advise them on legal issues
18.Formulating process for contract management
18. Research on various countries- laws.
19. Preparing and assisting the relevant departments to form various policies and procedures regarding legal matters.
20. Looking after Personal data protection matters.
21. Filing trademark and maintaining renewal. Liaising with outside attorneys such as IP Attorneys in US to file and maintain the trademark.
22. Preparing various notices including Cease and Desist and DMCA notices
23. Preparing arguments in the on-going trademark cases.
15. Establishing a strong business partnership based on trust.
Qualifications and Experience :
(a) Law Degree from a recognized university
(b) Admitted as a qualified lawyer in India.
(c) At least 8-10 years experience post qualification in medium or large private practice (law firm) or MNC (in-house), preferably both.
(d) Excellent command of both spoken and written Hindi and English
(e) Experience providing legal counsel on a wide variety of corporate/commercial matters
(f) Experience drafting and negotiating agreements
(g) Initiative and creativity in seeking solutions to problems
(h) Ability to work independently and also as part of a diverse team
(i) Strong drive and commitment to deliver results
(j) Strong compliance/commercial experience.
(k) Highest ethical standards, promote ethical behavior and high professional integrity
(l) Excellent interpersonal, organizational and analytical skills
(m) Ability to think strategically, take strategic risks and make tough decisions
(n) Ability to work effectively as part of a diverse multicultural team