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Commercial Counsel, Americas

Elastic, the Search AI Company, enables everyone to find the answers they need in real time, using all their data, at scale — unleashing the potential of businesses and people. The Elastic Search AI Platform, used by more than 50% of the Fortune 500, brings together the precision of search and the intelligence of AI to enable everyone to accelerate the results that matter. By taking advantage of all structured and unstructured data — securing and protecting private information more effectively — Elastic’s complete, cloud-based solutions for search, security, and observability help organizations deliver on the promise of AI.

What is The Role

We are hiring a proven Commercial Counsel to join our evolving Americas Commercial Legal team within the Global Legal department in this fast-growing, truly globally distributed company!

This position is ideal for a self-sufficient, resourceful, and proactive attorney located in the United States (preferably in the western half) who thrives in a dynamic environment and is committed to creatively enabling the business while protecting the company. The specific reporting structure for the role will be determined based on the successful candidate's professional experience.

What You Will Be Doing

  • Primarily responsible for negotiating and structuring a wide variety of commercial contracts (including channel agreements, cloud/SaaS and software subscription contracts, and related professional services contracts), in support of our Sales and Partner organizations.
  • Engage closely and build trust with the wider Legal Department spread across the globe, as well as Elastic’s go-to-market, finance, and compliance organizations.
  • Demonstrate initiative and ownership, driving significant efforts to simplify Elastic’s processes, capture and track critical information, strengthen workflows, and accelerate deal closure through efficient and effective dealmaking.
  • Partner with similarly motivated co-workers within a company culture that is open and inclusive. Bring innovative ideas, contribute diverse perspectives, challenge the status quo constructively, rigorously debate ideas, and think creatively to solve problems and drive simplification across the company, aligned with our Source Code and team mission.
  • Support Global Legal team members on ad hoc projects as needed.

What You Bring

  • You are qualified and legally permitted to practice law in your state of residence.
  • You possess significant experience in drafting and negotiating technology contracts (including cloud/SaaS and software subscription contracts and related professional services contracts).
  • Experience & knowledge of relevant federal and state laws and legal systems in the United States. Experience negotiating with customers in regulated industries, including the public sector, is a plus but not required.
  • You have the ability to balance legal risks with business strategy, demonstrating high standards and sound judgment. Candidates who have experience both in-house and at a major national or international law firm often thrive in this role.
  • You leverage empathy, consistency, transparency, and accountability to build trust with customers, clients, peers, and other stakeholders
  • You thrive while independently running your own time in a demanding, fast-paced environment where time matters, and are able to handle ambiguity and rapidly shifting priorities with flexibility, patience, and humor.

Moreover, you have/are:

A self-starter by nature - you have a proven track record of balancing multiple projects and recalibrating advice in view of shifting priorities, legal developments, and risk tolerance. You have experience with, or at least a good working knowledge of, complex software licensing and cloud business models and related legal issues, and a demonstrated ability to consistently deliver outstanding results. Familiarity with data protection and privacy issues and concerns in the context of technology transactions is a significant plus. Prior experience representing high-growth companies is strongly preferred.

At Elastic, we embrace collaboration and learn to be a high-functioning team in a distributed environment. There is some limited travel required to participate in key business and team meetings. Excellent written and oral communication skills are highly valued.


Compensation for this role is in the form of base salary.  This role does not have a variable compensation component.  

The typical starting salary range for new hires in this role is listed below.  In select locations (including Seattle WA, Los Angeles CA, the San Francisco Bay Area CA, and the New York City Metro Area), an alternate range may apply as specified below. 

These ranges represent the lowest to highest salary we reasonably and in good faith believe we would pay for this role at the time of this posting.  We may ultimately pay more or less than the posted range, and the ranges may be modified in the future.  

An employee's position within the salary range will be based on several factors including, but not limited to, relevant education, qualifications, certifications, experience, skills, geographic location, performance, and business or organizational needs.

Elastic believes that employees should have the opportunity to share in the value that we create together for our shareholders. Therefore, in addition to cash compensation, this role is currently eligible to participate in Elastic's stock program.  Our total rewards package also includes a company-matched 401k with dollar-for-dollar matching up to 6% of eligible earnings, along with a range of other benefits offered with a holistic emphasis on employee well-being.

The typical starting salary range for this role is:
$128,200$202,700 USD
The typical starting salary range for this role in the select locations listed above is:
$153,800$243,300 USD

Additional Information - We Take Care of Our People

As a distributed company, diversity drives our identity. Whether you’re looking to launch a new career or grow an existing one, Elastic is the type of company where you can balance great work with great life. Your age is only a number. It doesn’t matter if you’re just out of college or your children are; we need you for what you can do.

We strive to have parity of benefits across regions and while regulations differ from place to place, we believe taking care of our people is the right thing to do.

  • Competitive pay based on the work you do here and not your previous salary
  • Health coverage for you and your family in many locations
  • Ability to craft your calendar with flexible locations and schedules for many roles
  • Generous number of vacation days each year
  • Increase your impact - We match up to $2000 (or local currency equivalent) for financial donations and service
  • Up to 40 hours each year to use toward volunteer projects you love
  • Embracing parenthood with minimum of 16 weeks of parental leave

Different people approach problems differently. We need that. Elastic is an equal opportunity/affirmative action employer committed to diversity, equity, and inclusion. Qualified applicants will receive consideration for employment without regard to race, ethnicity, color, religion, sex, pregnancy, sexual orientation, gender perception or identity, national origin, age, marital status, protected veteran status, disability status, or any other basis protected by federal, state or local law, ordinance or regulation.

We welcome individuals with disabilities and strive to create an accessible and inclusive experience for all individuals. To request an accommodation during the application or the recruiting process, please email candidate_accessibility@elastic.co We will reply to your request within 24 business hours of submission.

Applicants have rights under Federal Employment Laws, view posters linked below: Family and Medical Leave Act (FMLA) Poster; Pay Transparency Nondiscrimination Provision Poster; Employee Polygraph Protection Act (EPPA) Poster and Know Your Rights (Poster)

Elasticsearch develops and distributes encryption software and technology that is subject to U.S. export controls and licensing requirements for individuals who are located in or are nationals of the following sanctioned countries and regions: Belarus, Cuba, Iran, North Korea, Russia, Syria, the Crimea Region of Ukraine, the Donetsk People’s Republic (“DNR”), and the Luhansk People’s Republic (“LNR”). If you are located in or are a national of one of the listed countries or regions, an export license may be required as a condition of your employment in this role. Please note that national origin and/or nationality do not affect eligibility for employment with Elastic.

Please see here for our Privacy Statement.

Average salary estimate

$165450 / YEARLY (est.)
min
max
$128200K
$202700K

If an employer mentions a salary or salary range on their job, we display it as an "Employer Estimate". If a job has no salary data, Rise displays an estimate if available.

What You Should Know About Commercial Counsel, Americas, Elastic

Elastic, the Search AI Company, is on the lookout for a talented Commercial Counsel to join our dynamic Americas Commercial Legal team! Your role as a Commercial Counsel will be pivotal in helping us structure and negotiate a myriad of commercial contracts, including cloud/SaaS agreements, channel agreements, and professional services contracts. We pride ourselves on fostering a creative and supportive environment, and we need someone who can thrive in this fast-paced, distributed workplace. Your responsibilities will include building strong relationships with our sales and partner organizations while engaging with a global legal team to streamline processes and make deal closures more efficient. You'll utilize your significant experience in contract law, ideally from either in-house or major law firms, and possess a keen understanding of navigating legal risks alongside business strategy. We're looking for someone proactive, with excellent communication skills, who can juggle multiple projects while maintaining a sense of humor and flexibility under pressure. At Elastic, you won’t just be another employee; you'll be encouraged to share your ideas and perspectives while helping us enhance our offerings. With a focus on diversity and inclusion, we're committed to cultivating an environment where all employees can thrive personally and professionally. This role offers a competitive compensation package, including an opportunity to participate in Elastic's stock program and a range of benefits designed to promote overall well-being. Join us in unleashing the power of data and AI for businesses across the globe!

Frequently Asked Questions (FAQs) for Commercial Counsel, Americas Role at Elastic
What are the responsibilities of a Commercial Counsel at Elastic?

As a Commercial Counsel at Elastic, you'll primarily be responsible for negotiating and structuring various commercial contracts, including cloud/SaaS contracts and professional services agreements. Your role involves working closely with the sales and partner organizations and building trust within the global legal team. Additionally, you'll simplify legal processes and drive efficient deal closures, ensuring that the needs of the business are met while protecting the company's interests.

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What qualifications do I need to apply for the Commercial Counsel position at Elastic?

To apply for the Commercial Counsel position at Elastic, you must be qualified to practice law in your state of residence and have substantial experience in drafting and negotiating technology contracts. A solid understanding of relevant federal and state laws in the U.S. is essential, and experience in regulated industries is a plus. Ideal candidates leverage strong judgment with a focus on balancing legal risks and business strategies.

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What is the company culture like for the Commercial Counsel at Elastic?

At Elastic, the company culture is open, inclusive, and highly collaborative. As a Commercial Counsel, you'll be encouraged to bring innovative ideas and diverse perspectives to the table. We value individuals who can challenge the status quo constructively and thrive in a fast-paced environment. Our team prioritizes a healthy work-life balance where employees can grow both personally and professionally.

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What are the key skills needed for a successful Commercial Counsel at Elastic?

Key skills for a successful Commercial Counsel at Elastic include strong contract negotiation abilities, excellent written and oral communication skills, and a proactive approach to problem-solving. Additionally, the ability to adapt to shifting priorities, manage multiple projects seamlessly, and build trust with various stakeholders is crucial for excelling in this role.

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What benefits does Elastic offer for the Commercial Counsel position?

Elastic offers a comprehensive benefits package for the Commercial Counsel position that includes competitive pay, health coverage for you and your family, generous vacation days, and the opportunity to participate in the company-matched 401k plan. Additionally, you'll benefit from flexible work arrangements, volunteer hours, and parental leave, among other perks aimed at promoting employee well-being.

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Common Interview Questions for Commercial Counsel, Americas
How do you approach negotiating commercial contracts?

When approaching contract negotiations, my strategy involves thorough preparation and understanding the key interests of both parties. I believe in open communication to build trust and seek mutually beneficial outcomes, which leads to successful long-term partnerships.

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Can you describe a challenging situation you faced while negotiating a contract?

In a previous role, I encountered a situation where the client had certain non-negotiable terms. I tackled this challenge by exploring alternative solutions that satisfied their needs while protecting our interests, demonstrating my ability to remain flexible and solution-oriented.

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What steps do you take to ensure compliance with federal and state laws?

I ensure compliance by consistently staying updated on regulatory changes and maintaining strong relationships with compliance teams. I also conduct regular training for team members on legal requirements to avoid violations and potential risks.

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How do you manage multiple projects simultaneously as a Commercial Counsel?

I prioritize tasks based on deadlines and urgency, using project management tools to keep track of progress. I also maintain open lines of communication with stakeholders to manage expectations and adjust project timelines when necessary.

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What is your experience with SaaS and cloud contracts?

I have extensive experience in negotiating SaaS and cloud contracts, having worked on examining terms related to data privacy, service level agreements, and intellectual property rights. This experience has equipped me with a strong understanding of the complexities of technology agreements.

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How do you handle ambiguity in legal situations?

When faced with ambiguity, I rely on my experience and analytical skills to assess risks and potential implications. I consult with colleagues as needed, exploring different perspectives to reach informed decisions and provide clear, well-reasoned advice.

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How do you foster trust within the legal team and with other departments?

Building trust is essential to effective collaboration. I focus on transparency in my communications and consistently deliver on my commitments. I also actively seek input from team members and other departments to ensure their perspectives are considered in my legal advice.

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What is your philosophy on balancing legal risks with business needs?

My philosophy centers on understanding the business's objectives while identifying legal risks. I aim to mitigate risks while promoting opportunities by aligning legal strategies with business goals, facilitating productive outcomes for the organization.

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Can you provide an example of how you've simplified legal processes in a past role?

In a past role, I identified areas for process improvement in contract reviews. I initiated a new standardized template and approval flow that reduced review times by 30%, enabling our sales team to close deals more rapidly and efficiently.

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Why do you want to work at Elastic as a Commercial Counsel?

I am drawn to Elastic because of its innovative approach to AI and data solutions. I admire the company's commitment to diversity and inclusion, and I believe my skills and experience will contribute positively to Elastic's mission while allowing me to grow professionally in such a dynamic environment.

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We help people around the world do great things with their data. Our products are extending what's possible with data, and deliver on the promise that good things come from connecting the dots.

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April 9, 2025

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