Corporate Counsel (381)

1. SUMMARY OF POSITION:  

Reporting to Bourns VP, General Counsel and Secretary, the Corporate Counsel is the initial point of contact and a manager for a variety of legal matters in the PRC and other APAC countries, Hong Kong and Taiwan, including sales and marketing, employment, regulatory compliance and litigation. The Corporate Counsel will be a strategic business partner and will provide legal guidance in the context of the business to achieve the Company’s goals of thoughtful governess, sustainable and ethical growth in the PRC.

The Corporate Counsel will be responsible for preparing, examining, analyzing and supporting the negotiation of global commercial contracts with the PRC nexus, including Supplier, Customer, Distributor, and Sales Representative contracts.  The Corporate Counsel will ensure the legality of commercial transactions and advise senior and executive management on legal rights and duties.  With the Legal Departments’ assistance, the Corporate Counsel will also ensure Company’s compliance with and enforcement of U.S. Government regulations pertaining to the Company and facilitates in the PRC, including compliance with import/export administration.

Additionally, under the direction of the General Counsel, the Corporate Counsel will work cross-departmentally to provide in-house legal advice to the Company’s executives and managers on a wide range of legal issues. In this role, the Corporate Counsel will consult on and handle corporate legal processes (e.g., intellectual property, mergers & acquisitions, compliance issues and resolution of disputes).

1. DUTIES AND ACCOUNTABILITIES (End Results Expected):

The Corporate Counsel will:

• Manage of a variety of legal matters in the PRC (and other APAC countries, Hong Kong and Taiwan), including sales and marketing, employment, regulatory compliance and litigation.
• Work closely with management of different functions in the PRC (and other APAC countries) as a trusted advisor and partner.
• Provide advice and counsel on a variety of legal issues, including commercial transactions, sales and marketing support, corporate matters, employment related issues, regulatory and litigation.
• Contribute to the development and implementation of risk management strategies that align with the company’s business objectives and legal obligations.
• Draft, review, negotiate, and finalize a variety of commercial contracts.
• Identify potential legal issues and risks related to business practices and policies.
• Partner with internal client groups to respond to legal and compliance issues and find practical solutions that balance risk and business opportunities.
• Coordinate and collaborate with appropriate Legal Department and Contracts members to assess and manage legal matters in a consistent manner.
• Provide mentoring and guidance to the Company’s Legal Department and Contracts Department personnel with respect to Chinese laws and regulations applicable to Company’s business.
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• Ensure adherence to corporate governance best practices, supporting the executive management in maintaining compliance with statutory and regulatory requirements.
• Oversee local litigation, in coordination with Corporate Legal Department and external litigation team.
• Represent the company before any authorities, tribunals or courts. as may be necessary.
• Support local investigations, in coordination with, among others, HR, Quality, Product Compliance teams.
• Ensure that sales contracts and international trade activities protect the interests of the Company, including compliance with applicable law, while attempting to maximize sales within the confines of acceptable risk to the Company.
• Provide advice and counsel to internal and external Company personnel regarding contractual matters and preparing contracts and third-party agreements, particularly vendor/supplier agreements.
• Conduct jurisdictional analyses, identifying and evaluating transactions for required licenses, and preparing and submitting license applications and agreements.
• Provide legal advice and handling corporate legal processes (e.g., intellectual property, mergers and acquisitions, compliance issues, and resolution of disputes).
• Research, anticipate, and guard the Company against legal risks, damages, and penalties.
• Supporte the establishment of domestic and foreign subsidiaries, branches, and legal entities matters in the PRC (and other APAC countries, Hong Kong and Taiwan).
• Assist with corporate maintenance, including the review and drafting of meeting minutes and corporate resolutions.
• Work professionally and productively with outside counsel to maximize the value of counsel’s input and minimize outside counsel fees.