Academy Counsel

The American Academy of Ophthalmology, the world’s largest association of eye physicians and surgeons, is looking for in-house legal counsel. This is a part-time position (60% - 80% time, depending on qualifications). 

Under the direction of the Chief Operating, Financial and Legal/Risk Officer (COO/CFO/CLRO), Academy Counsel is responsible for providing and/or procuring legal advice on the wide range of diverse legal issues facing the Academy and its affiliates, and collaborating with senior management, staff, and physician leadership to identify and proactively reduce legal risks.  

Responsibilities include contracting, intellectual property (licensing, trademark and copyright issues), litigation, supporting new strategic partnerships and lines of business, data privacy and protection (including compliance with GDPR), social media and web site terms of service, antitrust and unfair competition compliance, collaborations with other societies, legal issues related to medical associations and registries (including HIPAA requirements), and medical disclaimers, and includes management of outside counsel in one or more of these areas.  

• Collaborate with leaders and teams across the organization to provide legal advice on Academy activities. This encompasses a wide variety of legal services, such as reviewing and negotiating agreements and contracts, managing the copyright and trademark portfolio including requests for new marks, drafting liability disclaimers and waivers, legal review of press releases and all Academy guidelines, responding to members’ questions or complaints, reviewing and revising Annual Meeting registration/exhibitor materials, resolution of billing disputes, and handling publication issues for Academy journals.  Support the COO/CFO/CLRO as requested on matters related to human resources, finance and enterprise risk.
• Manage litigation and responses to third party inquires. Respond to requests to produce documents or to other discovery/disclosure requests from private plaintiffs or defendants and from government agencies.  For litigation, manage and help select outside counsel, review all pleadings, edit briefs, and monitor outside counsel. 
• With the COO/CFO/CLRO, manage the day-to-day legal function, including managing legal budgets, reviewing and approving outside counsel bills, maintaining appropriate legal and contract review technology systems, and managing, evaluating and selecting appropriate outside counsel and other needed vendors.  Actively participate in affinity groups with other medical association counsels, including the Counsel of Medical Specialty Societies. 
• Undertake special projects with significant legal implications as directed by the COO/CFO/CLRO, such as planning strategic partnerships and assessing legal implications of proposed new Academy initiatives.  Assist the COO/CFO/CLRO with managing risk and the delivery of legal services internally through regular review and updating of legal policies and procedures, including privacy, contract, competition law, HIPAA/data breach, document retention, litigation- and discovery-related matters, and policies on relations with industry and conflicts of interest.
• Develop appropriate legal training for staff and membership/leaders, including the executive team and board as requested, including identifying and/or developing internal education on key issues facing the Academy, such as trademark usage, copyright clearance for publications, protection and infringement, contract and the digital contract management system, and antitrust/unfair business practices.

Requirements:

• Minimum of 8 years of legal experience. 
• Knowledge and handling of one or more of the following areas: contract law, trademark, copyright, trade secret law and other intellectual property law, non-profit and general business law, internet-related law, including social media, data protection, and privacy and cyber-law, licensing, publishing law, antitrust law, unfair business practices and state and federal litigation.  
• Knowledge of in-house legal policies, procedures, and administration of legal services, including use of legal vendors.  
• Knowledge of outside law firm billing and experience managing outside counsel. Knowledge of current health care and data privacy law and policy as it affects the Academy such as HIPAA, HITECH codes, and conflicts of interest. 
• Knowledge of scientific/medical methodology for research, documentation, and evidence evaluation preferred. 
• Knowledge of key operational issues, including real estate issues, is a plus.
• Undergraduate degree and a JD degree; undergraduate or graduate school-level work in the sciences, medicine, or social sciences a plus.
• Current active California Bar membership (in-house counsel membership based on out-of-state bar membership will be considered, if eligible)

Of course, no single individual will have deep expertise in all of these areas but the Academy Counsel will have substantive expertise in one or more of the areas listed and will have the capacity to ensure that the other areas are covered as needed, through outside counsel and other similar resources.  The Academy Counsel ensures that legal issues are managed in a cost-effective, client-driven manner, and they oversee the judicious use of outside counsel with these goals in mind.

Salary: $223,000 – $248,000, plus Bonus