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Associate Director, Legal & Compliance Job - Thailand  

MSD (company)

Posted on : 27 April 2017

Project Description

Associate Director, Legal & Compliance-REG002900


The primary responsibility of Associate Director, Legal & Compliance, will be to provide legal advice, protect the legal interests and uphold the ethical business standards of all MSD businesses (including but not limited to, Global Human Health and Animal Health businesses) and divisions in MSD Thailand (e.g. MMD, GSF, MAH). and to take a strong interest in understanding and implementing MSD’s compliance standards by collaborating with the Country Compliance Officer (CCO) and Business Practice Officer (BPO) of MSD Thailand in managing compliance issues across all divisions. The position shall handle all legal matters, and compliance issues with the CCO/BPO, arising from MSD Thailand under the supervision of the Senior Director, Legal & Compliance - Asia North. In addition, as a member of the Asia Pacific Legal and Compliance team, the incumbent needs to work in conjunction with other team members, as well as other colleagues from the global Legal and Compliance organization (e.g. Office of Ethics, Global Investigations), external local counsel and relevant headquarters and subsidiary staff and functional groups, as needed.

Primary activities include, but are not limited to:
• Being responsible for guiding, monitoring and assisting with all activities across MSD Thailand’s business that require legal input and ensuring all corporate, regional and local legal mandates and requirements are met, with quality, collaborative and timely advice and oversight given to clients by both internal and external legal resources
• Acting as Company Secretary and Statutory Director of designated MSD Thailand legal entities as required
• Collaborate with and provide counsel/support to the CCO and BPO, and other divisional compliance personnel in the performance of their tasks and enable effective monitoring of compliance and related matters on behalf of MSD Thailand
• Participation on an as-needed basis in meetings of the MSD Thailand’s Human Health leadership team
• Assessing, supervising and managing the engagement of external legal resources in Thailand and ensuring that the service and advice received from external legal resources is timely, cost-effective and of consistently high quality.
• Supervising and managing the external legal budget for Thailand in accordance with approved guidance from regional/global Legal and Compliance management
• Supporting the legal needs of all key stakeholders through appropriate allocation and management of internal and external legal resources and providing business and other stakeholders including the CCO and BPO with adequate, high quality and pertinent legal advice and compliance input to ensure that MSD Thailand complies with all legislative and regulatory requirements including privacy, anti-corruption/anti-bribery, fair competition and trade practice legislations, etc. as well as MSD’s policies, compliance standards and local industry guidelines. In particular:
o Commercial and Contractual Matters
 Advise on day-to-day commercial transactions and business undertakings such as procurement
 Advise on business development such as distribution, co-promotion, co-marketing transactions, sponsorships/grants/donations, patient support programs and marketing programs, review and draft/negotiate related agreements
 Advise on commercial/corporate and employment issues and negotiate with external parties on behalf of MSD Thailand, where needed or appropriate

o Regulatory Requirements
 Monitor changes and developments in the legal and regulatory environment within which MSD Thailand operates, advise management and develop appropriate strategies
 Provide advice and legal support, as needed, on application and maintenance of all authorizations, permits and licenses needed for local operations, including importation, listing/pricing/reimbursement and marketing of products (such as new product/indication launches), conducting clinical trials, handling adverse experience incidents and implementing product recalls where needed

o Promotional Review
 Provide and/or oversee internal legal review as part of MSD Thailand’s medical/legal process for promotional materials according to local laws and MSD policies and standards
 Collaborate with Medical and business colleagues in initiating and/or responding to regulatory/competitor challenges on promotional practices

o Business Standards & Compliance
 Collaborate with the CCO to develop, monitor and implement compliance and risk management strategies and processes, completion of annual certification and country compliance scorecard, and work with divisional compliance and local business practice officers and management to facilitate sound and prudent business decisions
 Support the development and conduct of legal/compliance training, monitor and resolve legal/compliance issues, work with local management and CCO/BPO to formulate and implement appropriate local business standards and procedures consistent with local laws, US laws (including the US Foreign Corrupt Practices Act (FCPA)), industry codes and corporate policies
 Conduct investigations, where necessary, in collaboration with Global Security and Office of Ethics, and coordinate with Corporate Audit, local management, CCO and Finance/HR groups in taking practical and appropriate remediation actions as needed
 Support MSD Thailand in interactions with regulatory and other relevant government agencies on legal and compliance issues and development of appropriate strategies for resolution of issues

o Disputes/Litigation
 Support the initiation, defence, negotiation, settlement and management all litigation, disputes and actions arising from business operations in MSD Thailand, including contractual, IP, adverse reaction claims, competitive/compliance and regulatory challenges, in collaboration/consultation with regional legal team and other legal colleagues from headquarters or other divisions as appropriate

o Intellectual Property
 Support Merck’s global IP attorneys to coordinate local trademark and patent filings and collect and disseminate intellectual property information for local management, as needed
 Provide advice on local strategies and counteractions in relation to local IP infringement and enforcement actions, in consultation with Merck’s global IP attorneys

o Employment and Personnel Issues
 Advise on sensitive personnel situations, prepare and review legal documentation as required
 Participate in compliance issue remediation team and provide legal perspectives

o General
 Assist with the interpretation of HQ's and MSD Thailand's Company Standards, Corporate Policies and Procedures (“Policies”) and help ensure compliance by local subsidiaries
 Keep local management apprised of significant legal and corporate developments and trends in relation to Company business and activities
 Review communication with external parties, including the government, industry association and the public on issues such as healthcare legislations/policies, compliance standards and disease awareness campaigns
 Support the planning/implementation/monitoring of corporate strategies to effect entity planning and restructuring as needed


The following experience is Required:

• In-house legal and compliance experience in a large multinational organization; and/or
• Commercial practice experience in a top tier law firm

The following experience is Preferred:

• In-house legal and compliance experience with a multi-national pharmaceutical company
• Private practice experience in advising the pharmaceutical industry;
• Private practice experience in providing general commercial, regulatory, including competition, marketing, compliance and/or intellectual property advice. Some experience in commercial litigation and general employment law desirable
• Familiarity with the US FCPA, the UK Bribery Act and the pharma industry code would be advantageous
• Strong working knowledge of privacy and employment legislations highly desirable

Job: Regulatory/Commercial/Market Support Job Title:Assoc. Dir, Legal

Primary Location: APAC-TH-10-Bangkok

Employee Status: Regular

Number of Openings: 1

Company Trade Name:MSD

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