Legal Counsel (Commercial)

San Jose, CA
Full Time
Practice Areas: Data Privacy, Intellectual Property, Anti-corruption, Regulatory Compliance Job #: 10603 Exp.: 5+ Years
Job Summary:
Supermicro is looking for a high-performing, experienced Commercial Counsel who can thrive in a fast-paced, challenging environment to join our dynamic Legal team. You will have a broad range of responsibilities including providing transactional support, advising on day-to-day matters and assisting with contract negotiation for our product and service sales partners. You will also be called upon to manage and negotiate complex commercial relationships that contribute to the success of our products and services. The position will be based in our headquarters office in San Jose, California and will report to the Associate General Counsel.

Essential Duties and Responsibilities:
Includes the following essential duties and responsibilities (other duties may also be assigned):
  • Interface with Sales, Operations, Product Management, Finance and Accounting teams regarding the development and negotiation of a wide range of commercial contracts, including but not limited to sales, procurement, channel, partnership, OEM, licensing, support, services and marketing contracts, as well as other operational agreements.
  • Advise on risks of proposed commercial transactions and devise creative and practical legal solutions to meet business objectives.
  • Provide legal and strategic business advice to help develop a comprehensive, long-term approach to our relationships with key partners and the commercial aspects of our products and programs.
  • Assist in developing form agreements, best practices and training initiatives, as well as devising process improvements and scalable processes to support an evolving high growth product/services business.
  • Keep abreast of applicable laws, regulations and industry guidance that impact commercial agreements.
  • Support the company's regulatory and compliance matters.
  • Additionally, as a contributing member of our dynamic Legal team, you must have the willingness and ability to expand beyond your primary responsibilities to work on other legal issues that may arise.

  • Minimum of 5 years of relevant experience, with at least 3 years of in-house experience.
  • Practical experience in complex enterprise level contract negotiations with a solid knowledge of commercial and contract law and revenue recognition principles.
  • Knowledge of legal issues specific to the Server/Storage/Cloud Computing industry is a plus.
  • Knowledge in as many of the following areas as possible: data privacy and security, intellectual property, export, anti-corruption, and other regulatory compliance.
  • Experience with channel (VAR, OEM, SI, etc.) programs and relationships preferred, particularly with three-tier and two-tier distribution models.
  • Strong business acumen and the ability to think strategically and exercise sound judgment.
  • Ability to raise the appropriate questions to identify the issues and assist business partners in developing practical and creative solutions in a fast-paced and ever-changing environment.
  • Capacity to thrive in a cross-functional and collaborative team environment with general eagerness to learn, and ability to manage a diverse and complex workload while maintaining priorities and anticipating issues.
  • Willingness to “roll up your sleeves” and work pro-actively.
  • Flexibility, a positive attitude, sense of humor and ability to constructively drive change.
  • Active membership in at least one state bar.

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