Senior Corporate Counsel

Newegg Inc.

 

Senior Corporate Counsel

 

EXECUTIVE SUMMARY

 

Founded in 2001, Newegg Inc. (?Newegg? or the ?Company?) is the premier e-commerce retailer of information technology products, peripherals and consumer electronics to the do-it-yourself and online gaming markets.  With its phenomenal growth rate (from $0 in 2001 to 2005 revenues of $1.3 billion) and consistent #1 rankings in customer service, it has a strong basis for that claim. The company, which is privately held, has over 1,200 employees worldwide and more than 5 million registered customers. This is an extremely exciting period in the life of the company, as it prepares for the next stage of growth by strengthening the leadership team.

 

Newegg is seeking a Senior Corporate Counsel who shall report to the General Counsel of the Company. This person will be responsible for supporting the Company by leading and assisting in transactional legal matters and managing litigation matters.  Specific duties include negotiating and finalizing contracts and service agreements, reviewing and providing advice on employment and labor law issues, providing counseling relating to trademark, copyright, patent and trade secret issues, reviewing consumer law, and providing oversight of general legal matters for the Company and assisting the General Counsel with law department administration.

 

ABOUT NEWEGG

 

Newegg is a pioneering e-commerce company that has created a powerful channel for manufacturers of computer hardware and software, consumer electronics and communications products to reach the do-it-yourselfers (?DIY?), hard core gamers, students, small to medium-sized businesses, IT professionals, resellers and consumers that desire a comprehensive digital lifestyle. At the www.newegg.com website, consumers can find the latest technology parts and products, along with valuable product information, pictures, how-to?s, customer product reviews and opportunities to interact with other members of the technology and game enthusiast community.

 

Newegg views every customer as a customer for life and instills this philosophy in our employees to assure the complete satisfaction of every shopper. We continually evolve to satisfy the insatiable appetites of computer and electronic lovers everywhere and work around the clock to update our site with the hottest products, useful new features and reliable content. From browsing our intuitive and information-rich website, to purchasing and delivery to your door: we utilize the latest e-commerce and Internet technologies to provide real-time order status information, tracking numbers, safe and secure SSL encrypted transactions and much more. With warehouse locations in California, Tennessee and New Jersey, Newegg will almost always get products to customers within 3 days of an order, and generally within 2. In fact, 98% of our orders ship the day they are placed.

 

Newegg loyalists are accustomed to first-class service and the best values on the web. That is because we are experts on delivering the freshest technologies available and are in tune to what's hot and what's not. Our reputation, experience and keen industry insight permit us to negotiate the lowest possible prices. We stock the most in-demand products and encourage patrons to recommend merchandise to supplement our vast selection. If customers have a suggestion, we listen carefully. Customer feedback shapes our business and allows us to better serve our audience, and this customer-centric approach has paid off with unparalleled customer satisfaction ratings and loyalty that is the envy in our industry.  We are admittedly not yet a household brand, but our corporate slogan was created based on the response of IT enthusiasts and loyalists, and savvy internet shoppers, to the top-notch internet shopping experience we provide.  Indeed, ?Once you know, you Newegg.?

 

POSITION DESCRIPTION

 

The person filling this position will be a critical member of the legal team. The position will be based at Newegg?s headquarters in the City of Industry, about 30 minutes from downtown Los Angeles, CA. The Corporate Counsel will be tasked generally with:

 Providing guidance and support for all aspects of the company?s legal dealings, with primary responsibility for transactional legal matters.

 

 

SPECIFIC RESPONSIBILITIES

 Transactional. Must be able to draft, analyze and negotiate and counsel the business teams on a broad range of commercial transactions and contracts, including but not limited to product purchases, supplier agreements, service provider agreements, real estate and equipment leases, telecommunication services, content and product licensees, marketing and advertising agreements, advertising insertion orders, financial services agreements and NDA?s on behalf of an e-commerce company with annual sales revenue in excess of $1 billion.Employment and Labor Law.  Advises and assists Human Resources department in conducting investigations of employee complaints regarding alleged misconduct.  Review company policies and develop guidelines for procedural administration.  Respond to subpoenas for employee personnel records.Intellectual Property. Oversee trademark application and maintenance programs.  Draft indemnification agreements against manufacturers and suppliers for potential claims of IP infringement and unfair business practices (truth-in-advertising).  Review and negotiate third party licensing agreements.  Investigate and respond to claims of infringement by third parties.  Coordinate with outside counsel regarding intellectual property litigation and disputes.Consumer Law. Review and approve advertising copy and website policies and disclaimers for legal compliance with consumer disclosure and protection laws.  Monitor legislation affecting consumer disclosure rights and privacy rights to ensure corporate compliance.  If necessary, coordinate defense against lawsuits filed by customers and regulatory agency actions against the company.General Corporate Representation. Prepare Board resolutions, update corporate minute book, and file annual corporate statements.  Assist with company effort to comply with Sarbanes-Oxley.  Counsel the company with respect to all business immigration matters.  Coordinate and oversee litigation matters involving outside counsel.Law Department Administration.  Assist General Counsel in law department administration, including setting and maintaining the overall budget and outside counsel budget, setting strategic objectives for the department and hiring necessary personnel.

 

Candidate Profile:  The ideal candidate will come from a fast-paced and challenging environment.  Candidates with transactional experience at a large (but entrepreneurial) law firm or significant, high level in-house experience would be highly desirable.  Candidate should be a self starter and able to work independently without significant supervision.

 

Experience & Qualifications:

 Qualified candidates must have six or more years of legal experience (with at least three years at a major law firm) handling corporate and transactional matters; in-house experience a plus.Experience with IPOs and preparation and review of securities filings.Enthusiastic and enjoy working hard in a fast-paced, challenging environment.Demonstrate independent and sound judgment even in ambiguous situations.  Ability to balance business and legal priorities.  Excellent analytical, problem solving, communication and listening skills.Strong organizational skills and ability to prioritize multiple tasks.Ability to handle sensitive and confidential information.Urgency and results oriented to ensure timely and appropriate response to internal clients.Attention to detail a must.Ability to effectively and efficiently communicate orally and in writing.Excellent interpersonal and influencing skills to help facilitate communication both within the company and with outside relationship partners.Experience with Upside contracts management software highly desirable.Possesses unquestionable integrity and has a high credibility factor internally and externally. B.S. degree and J.D. degree required.  Admission to the bar of at least one state (CA preferred).Mandarin Chinese language skills desirable, but not required.

 

Compensation:  Base pay commensurate with the position, and 10-25% non-guaranteed performance-based bonus based on company, department and individual performance. Newegg offers excellent benefits, including group medical, dental, vision plans, paid time off (PTOs) and 401(k) (with matching).