VP, Division General Counsel

VP, Division General Counsel

At Penguin Solutions (Nasdaq: PENG) - The AI Factory Platform Company - we’re building a team of innovators who thrive on collaboration, creativity, and the opportunity to help shape the future of AI. As part of the AI technology revolution, our teams design, build, deploy, and manage AI factories for enterprises, sovereign AI initiatives, and neocloud providers worldwide.

Headquartered in Silicon Valley, California, Penguin Solutions operates globally through a network of R&D, manufacturing, and sales locations. For nearly three decades, we have operated at the intersection of memory and AI/HPC infrastructure. That engineering expertise positions us to power the next generation of AI workloads, from training to inference and agentic AI at scale.

Penguin Solutions brings together differentiated infrastructure software, advanced memory, compute systems, end-to-end services, and industry-leading partner solutions in a full-stack AI factory platform designed to help customers deploy and scale AI workloads with speed and precision.

At Penguin Solutions, we value ideas over hierarchy and believe in servant leadership, where leaders enable teams to do their best work. We empower employees to take ownership, drive innovation, and grow through challenging work, continuous learning, and exposure to advanced AI tools and technologies. With flexibility where it matters and a strong focus on outcomes, Penguin Solutions is a place to do your best work, grow your career, and make a meaningful impact.

Job Overview

The VP, Division General Counsel serves as an advisor and strategic business partner to the assigned division. This role is responsible for supporting a variety of legal matters across the division, with particular emphasis on intellectual property strategy, portfolio management, licensing, enforcement, and litigation. In addition to leading the intellectual property initiatives, the role provides strategic counsel on business operations, commercial transactions, corporate governance, and risk management. Through practical and business focused legal advice, the Division General Counsel enables growth, protects company assets, and helps manage legal, regulatory, financial, and reputational risks.

The ideal candidate combines deep expertise in patent law with a proven track record of helping businesses identify, protect, monetize, and commercialize intellectual property. Expertise should include patent strategy, portfolio development, licensing, and patent litigation management, together with a working knowledge of trademarks, copyrights, and trade secrets. This individual will lead legal matters in a hands-on capacity and will oversee external legal counsel as needed.

Responsibilities

Intellectual Property Leadership

• Develop and execute the company's intellectual property strategy in alignment with business objectives.
• Manage and protect the company's portfolio of patents, trademarks, copyrights, trade secrets, domains, and other proprietary assets.
• Lead IP portfolio development, including invention harvesting, patent filings, trademark registrations, and trade secret protection initiatives.
• Advise leadership and product teams on IP creation, ownership, commercialization, and competitive positioning.
• Establish and maintain IP governance processes, policies, and employee education programs.

Intellectual Property Claims & Litigation

• Lead all intellectual property disputes, infringement matters, cease-and-desist actions, validity challenges, licensing disputes, and trade secret matters.
• Investigate and assess potential claims involving patents, trademarks, copyrights, trade secrets, and technology rights.
• Develop enforcement strategies to protect company assets and defend the organization against third-party claims.
• Manage outside litigation counsel and expert witnesses while controlling legal spend.
• Provide strategic recommendations regarding settlement, litigation, licensing, and alternative dispute resolution.

Corporate & Commercial Legal Support

• Draft, review, and negotiate a wide range of commercial agreements, including customer contracts, supplier agreements, software licenses, technology partnerships, NDAs, consulting agreements, and strategic alliances.
• Support mergers, acquisitions, investments, divestitures, and other strategic transactions when applicable.
• Provide practical legal advice to executives and business leaders on business initiatives, risk management, and growth opportunities.

Risk Management & Compliance

• Identify and mitigate legal, regulatory, contractual, and operational risks.
• Establish policies, procedures, and governance frameworks to support compliance and ethical business conduct.
• Advise on privacy, data protection, cybersecurity, employment law, regulatory requirements, and emerging legal risks.
• Lead internal investigations and coordinate responses to governmental inquiries or legal disputes.

Executive Advisory

• Serve as a trusted advisor to the division leadership team.
• Translate complex legal issues into practical business recommendations.
• Support corporate governance activities and company decision-making.
• Provide proactive counsel on strategic initiatives, competitive risks, and market opportunities.

Outside Counsel Management

• Select, engage, and oversee outside counsel across all legal specialties.
• Manage legal budgets and ensure efficient utilization of legal resources.
• Drive high-quality legal outcomes while maintaining cost discipline.

Qualifications

• Juris Doctor (J.D.) from an accredited law school.
• Active membership in at least one U.S. state bar. Registration with the USPTO patent bar is preferred.
• 12+ years of legal experience with a significant focus on intellectual property law.
• Demonstrated experience handling patent, trademark, copyright, trade secret, and technology-related legal matters.
• Direct experience managing IP litigation, enforcement actions, infringement claims, licensing disputes, and settlement negotiations.
• Experience advising executive leadership and business stakeholders on legal and strategic matters.
• Strong contract drafting and negotiation skills.
• Experience managing outside counsel and legal budgets.

Location

This role will be hybrid in Durham, NC.

Travel

None

Compensation & Benefits

The base pay range that the Company reasonably expects to pay for this position in North Carolina is $240,000 - $300,000; the pay ultimately offered may vary based on business considerations, including job-related knowledge, skills, experience, and education. The position is bonus-eligible, and there are medical, dental, and vision benefits available. There is a 401k saving plan and other benefits, such as Paid Time Off, Life Insurance, and an Employee Assistance Plan.

Inclusion and Belonging Statement

We are committed to creating an inclusive environment that embraces differences and fosters belonging for all.

Equal Opportunity Statement

We are an Affirmative Action/Equal Opportunity Employer and strongly committed to all policies which will afford equal opportunity employment to all qualified persons without regard to age, national origin, race, ethnicity, creed, gender, disability, veteran status, or any other characteristic protected by law.