POSITION SUMMARY: (Summary description of the primary duties and objectives)
This position will provide legal support and advice on various marketing and advertising-related activities across all Company divisions and locations and will be the Company's lead expert on legal issues related to marketing, advertising, and social media. He or she will have primary responsibility for overseeing the legal review of the Company's global advertising claims and publications, including on-line content, sweepstakes and contests, and will manage and/or support all advertising disputes, and will drive the activities and agenda of the Advertising Review Council. This position will monitor developments in privacy and data protection law, will serve on the Company's Privacy Council, and will help ensure compliance with global privacy and data protection regulations in the Company's marketing initiatives. The position also will oversee legal review and compliance related to competition and anti-trust matters, including Minimum Advertised Pricing compliance and enforcement, Robinson-Patman reviews, and similar competition issues relative to product distribution.
The position will report to and work closely with the Vice President General Counsel ("VPGC"), will serve global marketing and sales teams, will regularly interface with outside legal counsel, and will manage a paralegal.
The position requires a law degree with outstanding academic credentials and at least four years of relevant experience practicing law in a private firm and/or in-house setting. A successful candidate will demonstrate practical judgment, the ability to render pragmatic advice, a business perspective and acumen, creative problem-solving abilities, excellent writing and communication skills, social intelligence, a proven ability to foster positive client relationships, a strong work ethic, and a rigorous commitment to the ethical practice of law. Specific functions are outlined below.
POSITION PROFILE (Major duties, accountabilities, and responsibilities)
- Overall responsibility for the management and communication of legal risk associated with global marketing and advertising, including legal review and approval of advertising claims, claim language, and appropriate disclaimers. Related duties to include:
- Provide timely advice and practical direction regarding claim substantiation strategies and the test processes and data required to support claims
- Perform legal review and analysis of claims and substantiation data for approval for all advertising claims used in all promotional and advertisement copy;
- Supervise the interface between Legal, Marketing and product development teams in the development and substantiation of advertising claims and marketing assets, including attending claims meeting and oversight of claims matrices;
- Supervise and improve processes to ensure efficiency and quality control to reduce legal risk related to marketing communications worldwide;
- Serve as the internal expert in the "do's and don'ts" of advertising law as well as the TCPA (Telephone Consumer Protection Act) and CANSPAM/CASL;
- Interface with expert outside counsel on issues related to advertising and marketing law as necessary;
- Help develop, maintain and execute against an overall priority and resource plan for testing of global advertising claims;
- Manage the process for guiding marketers in the development of specific claim language including the development of appropriate disclaimers;
- Manage the legal review of all on-line and/or social media marketing initiatives, including BISSELL website content, bloggers, influencers, contests, sweepstakes, and PII acquisition, use and storage. Maintain on-line policies, terms and conditions, and compliance statements, and ensure compliance with various regulations such as the Americans with Disability Act;
- Work with marketing and advertising teams and outside agencies to review and provide legal input and approval for scripts and content for television, on-line video, and other media advertising assets;
- Supervise the legal audit, review and identification of needed updates to ongoing advertising claims and campaigns;
- Provide leadership and substantive support to the BISSELL Advertising Review Council. In conjunction with the VPGC and the Director of Global Product Standards, develop agenda topics, prepare and coordinate meeting content, lead all or sections of Council meetings, and prepare meeting summaries and takeaways.
- Understand variances in legal standards for advertising claims within all key jurisdictions in which the Company markets products and advise the Company appropriately in response to any such differences;
- Perform due diligence regarding Marketing and Advertising related issues regarding any prospective corporate acquisition, including an evaluation of the target's claims substantiation discipline; For any such acquisition, supervise review and coordination of claims substantiation for all products and product lines acquired.
- Exercise mature judgment in identifying questions and issues that should be elevated to the VPGC for attention;
- Provide advice and compliance training regarding minimum advertised pricing policies (MAP) and provide legal support in enforcement efforts. Respond to and advise marketing and sales teams on legal issues associated with product pricing and channel management, including Robinson-Patman Act issues and similar competition issues in non-U.S. jurisdictions.
- Support the VPGC and/or manage disputes and litigation associated with advertising and marketing issues, including National Advertising Division ("NAD") challenges and Lanham Act cases and similar challenges in non-U.S. jurisdictions. Stay aware of legal trends associated with advertising and marketing issues, review and report on relevant NAD, Federal Trade Commission, and other case decisions, and assist with document retention and litigation preparedness activities relative to potential advertising/marketing disputes.
- Develop training materials and prepare presentations used to educate and train the Global Marketing function with respect to legal process, compliance and risk associated with advertising and advertising claims, various marketing initiatives such as PII collection, sweepstakes, contests, and influencers, and other relevant topics related to Marketing and Advertising.
- Support Commercial and Corporate Counsel in review, revision and negotiation of the Company's primary advertising contracts, and assist Marketing in administration of those contracts.
- Analyze the impact of new laws and regulations related to advertising, marketing, anti-trust, and competition matters, and partner with marketing and sales managers to implement new programs and/or requirements.
- Assist with Company ethics and communications training and compliance as requested by the VPGC.
- Serve as the point of contact for the Legal Services Group with respect to the Company's efforts to manage Personally Identifiable Information ("PII"), including: May be asked to assist the Data Privacy Manager to triage legal issues associated with privacy
- Liaise with corporate clients and Data Privacy Manager to develop strategies and policies regarding the collection, processing, use and storage of PII;
- Sit on and support the BISSELL Privacy Council. In conjunction with the members of the Council, develop agenda topics, prepare and coordinate meeting content, and prepare privileged meeting summaries and takeaways;
- This job profile is not meant to be all inclusive of the responsibilities of this position; may perform other duties as assigned or required by the VPGC.