Senior Counsel – Contracts

PMI Vision

It’s Time to Unsmoke.

There is no question that the best choice for men and women who smoke is to quit cigarettes and nicotine altogether. But many people don’t. In any given year, about 9 out of 10 men and women who are already smoking will continue those people deserve access to, and information about, better alternatives. That is why we’re building PMI’s future on smoke-free products and focusing our efforts in switching adults, who choose to continue smoking, to our smoke-free platforms.

In order to achieve this, we are focused on 6 strategic priorities
Developing a long-term product and ecosystem portfolio,
Building societal support of RRP,
Growing our RRP platforms to scale,
Delivering product launch & customer service agility,
Achieving cost and cash leadership, and
Maintaining leadership in conventional cigarettes.

About Our Vision

We’ve built the world’s most successful cigarette company, with the world’s most popular and iconic brands. Now we’ve made a dramatic decision. We will be far more than a leading cigarette company. We’re building PMI’s future on smoke-free products that are a much better choice than cigarette smoking. Indeed, our vision – for all of us at PMI – is that these products will one day replace cigarettes.

Why are we doing this? Because we should … We understand the millions of men and women who smoke cigarettes. They are looking for less harmful, yet satisfying, alternatives to smoking. We will give them that choice. We have a commitment to our employees and our shareholders. We will fulfill that commitment by pursuing this long-term vision for success. Society expects us to act responsibly. And we are doing just that, by delivering a smoke-free future. … And because we now can. Success in the cigarette business gives us the resources to pursue our ambitious vision. Thanks to the imagination and perseverance of thousands of people at PMI, we have developed breakthrough products that are smoke-free and enjoyable.

About IQOS

The U.S. Food and Drug Administration (FDA) has authorized the marketing of our flagship electronically heated tobacco system, IQOS, as a modified risk tobacco product (MRTP), which represents a historic opportunity for public health. In doing so, the agency found that issuing an exposure modification order for the IQOS Tobacco Heating System (THS) is appropriate to promote the public health, and is expected to benefit the health of the population as a whole.

This decision demonstrates that IQOS is fundamentally different from combustible cigarettes, and a better choice for adults who would otherwise continue smoking. It follows a review of the extensive scientific evidence package PMI submitted to the FDA in December 2016 to support its MRTP applications.

The FDA’s action authorizes the marketing of IQOS in the USA with the following information
The IQOS system heats tobacco but does not burn it.
This significantly reduces the production of harmful and potentially harmful chemicals.
Scientific studies have shown that switching completely from conventional cigarettes to the IQOS system significantly reduces your body’s exposure to harmful or potentially harmful chemicals.

In April 2019, the agency authorized IQOS for sale in the U.S. through issuance of premarket tobacco product application marketing orders, that deemed marketing the product to be appropriate for the protection of the public health. Now, the FDA has concluded issuing an IQOS exposure modification order is appropriate to promote the public health, and is expected to benefit the health of the population as a whole, taking into account both users and nonusers of tobacco products. Notably, the FDA’s issuance of an exposure modification MRTP order does not mean IQOS is FDA-approved. FDA does not ‘approve’ tobacco products. Further, the FDA’s decision does not mean IQOS is risk-free.

The FDA’s decision is consistent with earlier conclusions of other leading regulatory and scientific bodies, including in the U.K., Germany, and the Netherlands, which have found that the product emits lower levels of harmful toxicants. Furthermore, the FDA’s MRTP authorization shows that IQOS is a fundamentally different product than combustible cigarettes, and must be regulated differently, as the FDA has recognized.

As of March 31, 2020, PMI estimates that approximately 10.6 million adult smokers around the world have already stopped smoking and switched to IQOS. We believe that this decision can help to further accelerate the transition of U.S. adults away from cigarettes. We, along with our licensee Altria, are committed to guarding against unintended use and fully support FDA’s focus on protecting youth.

Role Summary

A Senior Attorney within the Legal Department who will be effective in exercising seasoned judgment and providing guidance to business and functional leaders across the organization with responsibility for performing a variety of moderately complex to complex legal matters and leading teams and projects including day-to-day advice to the company and its business professionals on a broad range of contract issues to include business legal advisory services & expertise. Responsible for managing contractual matters and activities related to corporate transactions across the value chain. Reporting to the Assistant General Counsel – Contracts , the Senior Counsel – Contracts will require a person of vision, integrity, commitment, maturity, judgment, meticulosity, as well as substantial leadership experience. Responsibilities will include building a state of the art Center of Expertise for contractual matters; effectively building and maintaining strong external and internal relations at a senior level; providing guidance and recommendation of contracting strategy, policy, and practice for the family of PMI products to the general counsel and senior management; with the General Counsel, Associate General Counsel – Corporate, and other members of the legal department, providing trusted business partnership and counselling on contracting decisions of importance to the Company and, as appropriate, contributing to the corporate strategy planning process; maintaining responsibility for designated practice areas as determined by the General Counsel; demonstrating an inclusive, consultative and thoughtful approach to achieving cross-functional alignment on issues internally; ensuring that legal services provided are cost-effective, practical, strategic, and consistent with the company’s philosophies while creating an environment of collaboration with business partners and Law Department colleagues to help drive continual process and policy improvements; contributing to and ensuring delivery on Law Department business goals and the overall business plan of the company, ensuring that Law Department implements leading practices and operates at the highest ethical standards and developing emerging talents in the organization, including in the field of corporate law.

Key Responsibilities
Creates, together with the Assistant General Counsel Contracts, a companywide Center of Expertise for contractual matters.
Partners with internal clients to create proactive contractual strategies designed to avoid or minimize exposure to legal liability.
Helps business partners accurately understand the risks and consequences of the given situation or course of action.
Effectively communicates the risks and the consequences and develops alternatives to manage identified risks.

Identifies and analyzes legal issues, drafts key documents, presents clear recommendations and ensures legal compliance as it relates to the noted areas of law.
Stays current with legal developments, best practices and benchmarks in the noted areas of law and assists internal clients in implementing policies and procedures in response thereto.
Maintains a culture with a high degree of emphasis on dignity, respect, and inclusion.

Critical Skills
Manages legal risks arising from contracts, including identifying and mitigating such risks, escalating consideration of such risks within the enterprise in accordance with establish policies and procedures, and driving alignment among legal professionals, procurement professionals, and business stakeholders concerning such risks.
Ability to diagnose the scope of, and help build a companywide Center of Expertise for contractual matters from scratch; to recommend processes and tools (including new technologies, such as advanced contract management systems, digital signatures, artificial intelligence, others).
Develops global company standards and playbooks for most important contractual topics, including deviations mechanisms and ownership matrix for approvals of deviations.
Experience in designing and building state of the art template agreements including coordinating all requirements from relevant stakeholders (such as IP, compliance, cyber, data privacy, quality, tax, audit, insurance, regulatory requirements) for PMI’s main business areas across functions, regions and markets.
Makes sure contract templates are continuously kept up to date, and standard fallback positions and language is developed for most common topics.
Reviews, marks up/drafts (from forms and from scratch), negotiates and closes contracts, including (master) services agreements, (master) supply agreements, (master) development agreements, consultancy agreements, real estate related agreements, outsourcing agreements, statements of work, licenses, RFP responses and supporting documents across PMI. Identifies continuous improvement opportunities and identifies, develops, implements best business practices, drives operational excellence by process standardization, optimization of shared services and tools, to achieve world class procurement status.
Reviews and analyzes business transactions in light of internal policies, standard operating procedures, and applicable laws to mitigate risk and ensures compliance with company policies, strategy and applicable laws. Provides rapid, practical, business-oriented legal/contract advice directly to business clients.
Applies innovative problem-solving skills and practical business judgment to maximize revenues, minimize risk and foster long-term client relationships
Collaborates with and facilitate cross-team decision-making among the Legal team, Finance team, business teams and other internal teams.
Manages assigned projects to completion.
Demonstrates superior leadership skills reflected by a team-oriented style, a passion for collaboration and consensus.
Motivates and inspires team to deliver high quality legal advice.
Acts as a team player and role model for the legal function, encouraging collaboration and standards of excellence.

Business Acumen
Quickly grasps key drivers of the business and industry and quickly become immersed in the most important business issues facing the company.
Demonstrates strategic, innovative, creative and inquisitive frame of mind, with strong business acumen and judgment.
Speaks fluently in lay terms to a range of audiences.

Executing for Results
Demonstrates the detail orientation and the technical, planning and project management skills to ensure flawless execution.
Takes initiative and operates with a sense of urgency, decisiveness and responsiveness.
Possesses strong work ethic with ability to handle a fast-paced vigorous schedule.
Able to solve problems and offer creative solutions.
Anticipates and proactively addresses emerging issues.
Makes nuanced recommendations and business decisions based on facts and the culture of the constituents served.
Marshalls the appropriate level and mix of resources as required by circumstances.
Demonstrates self-motivation and initiative to prioritize work and otherwise perform the job with minimal supervision.
Holds oneself to the highest standards of accountability.
High energy and drive, a charismatic and positive management style with a passion for driving results, and unquestioned integrity.
Highly collaborative and an appreciation of the power of inclusivity.
Ability to unlock transactions on the finish line through the right mix of diplomacy and firmness.

Leading Teams
Demonstrates superior leadership skills reflected by a team-oriented style, a passion for collaboration and consensus.
Motivates and inspires team to deliver high quality legal advice.
Drives the appropriate level of external benchmarking of best practices.
Acts as a team player and role model for the legal function, encouraging collaboration and standards of excellence.
Finds appropriate platforms to disseminate subject matter expertise to colleagues in the organisation

Building Relationships and Using Influence
Demonstrates outstanding communications skills, including presenting to, advising and educating executive leadership as well as engaging with external stakeholders.
Possesses the gravitas and executive presence to be effective with the executive team of a sophisticated multinational public company.
Able to convey complicated topics and issues in a straightforward and concise manner, and to tailor communication style to different audiences.
Maintains established relationships with external legal resources characterized by credibility, respect, trust.
Develops and maintains a strong network of relationships inside and outside the organization to support the objectives of the Board, CEO, and the business.
Demonstrates integrity and commitment to the highest ethical standards and personal values.

Knowledge and experience desired to undertake this role
Licensed to practice law in Switzerland (i.e., admitted or previously admitted to one of the Swiss bars).
At least seven years of concentrated experience which demonstrate an in-depth knowledge and applied understanding of area of expertise; both in house and tier 1-2 law firm experience preferred.
Solid working knowledge of corporate laws, regulations, and contractual best practices.
Demonstrated successful leadership and collaboration with colleagues and ability to develop business solutions with effective presentation of business risks and anticipated outcomes.
Previous experience with FMCG, life sciences or technology industry preferred.
Ability to work in a fast-paced environment, handle multiple, conflicting priorities while managing a substantial workload and client expectations.
Experience of working successfully in a highly results-oriented and performance-driven environment with a focus on excellence.
Robust interpersonal, networking, public speaking, and writing skills, with the confidence and credibility to act quickly, communicate effectively with diplomacy and civility, and command respect of both internal and external audiences.
Ability to draft transactional documents in English at first-rate level.
Proven ability to think strategically and exercise sound judgment.
Ability to oversee complex projects and lead them to successful completion in an organized, efficient, and effective manner.
Ability to lead and work in a multi-disciplinary setting to achieve consensus.
Extreme attention to detail.
Ability to maintain an appropriate perspective regardless of the delicacy or pressure of a situation.
Ability to travel as necessary.
Ability to maintain the highest level of confidentiality and preserve the integrity of information and processes.

Business Contribution/Impact & Leadership
Demonstrated track record of success in leading high-performance teams.
Excellent verbal and written communication skills.
Must be able to handle company confidential information and data requiring the highest degree of attention to preserve confidentiality.
Demonstrated superior leadership skills reflected by a team-oriented style, a passion for collaboration and consensus.
Must be able to operate in a dynamic environment with a demonstrated ability to handle crises.
High energy and drive, a charismatic and positive management style with a passion for driving results, and unquestioned integrity.
Strong organizational skills reflected by motivation toward planning, leading and communicating with high performance teams in a dynamic environment.
Proven ability to work independently and multi-task in a fast-paced environment.
Strong project management and follow-up skills.

Work Environment/Physical Requirements
Normal office environment for a mission driven, high impact team. Position requires a passionate, motivated, driven individual with a proven ability to get the job accomplished.

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