Deputy General Counsel Commercial Litigation

Description

JOB TITLE:                         Deputy General Counsel/Unit Chief – Commercial Litigation
SALARY RANGE:               $136,995 - $179,806
HAY POINTS:                      1262
DEPT/DIV:                           General Counsel
SUPERVISOR:                     Agency General Counsels
LOCATION:                         2 Broadway New York, NY 10004
HOURS OF WORK:            9:00 am - 5:30 pm (7 1/2 hours/day)

This position is eligible for telework which is currently one day per week. New hires are eligible to apply 30 days after their effective date of hire.

SUMMARY:

Responsible for directly handling and overseeing litigation in which MTA or one of MTA's operating agencies is a party, and for providing legal advice and assistance on non-litigation matters such as development and analysis of legislation and internal policies This position enables MTA to provide high quality representation                            in litigation by or against MTA and its agencies, in rendering legal advice in-house and in supervising any litigation handled by outside counsel not handled by another functional group, e.g., . Torts, Labor and Employment, Environmental Law, and Condemnation.  This position also involves management of the Commercial Litigation unit comprised of several senior and junior level attorneys and support staff.

RESPONSIBILITIES:

• Represent the MTA and/or its operating agencies in various litigation commenced by against MTA. This ensures high quality representation and a consistent approach to litigation and saves substantial expenses that would be incurred in retaining outside counsel.
• Supervise staff attorneys in the conduct of litigation in which the MTA or one of its operating agencies is a party. This has included cases involving contracts, constitutional issues, procurement, pension issues, Freedom of Information Law (“FOIL”), among others. This supervision ensures high quality representation and a consistent approach to the representation of the MTA and saves the expense associated with retaining outside counsel.  Develop and motivate personnel within the department. Provide career development for subordinates. Provide prompt and effective coaching and counseling. Responsible for discipline/termination of employees when necessary. Review performance of staff. Create a professional environment that respects individual differences and enables all employees to develop and contribute to their full potential
• Provide legal counsel and support for the development of legislative proposals and internal policies, and legal compliance.
• Oversee the work and review the billings of outside counsel in those litigation matters which, due to special factors, are not handled in-house. This oversight function ensures quality representation of MTA's interests, assists outside counsel in fact-gathering and serves to monitor billing practices.
• Assist in the preparation of the litigation section of official statements and other disclosure documents relating to the issuance of bonds and other financing instruments, and to provide information to MTA’s independent auditors about pending litigation ensuring an accurate picture of all potential litigation liabilities.
• Other duties as assigned.

KNOWLEDGE, SKILLS, AND ABILITIES        

• The Deputy General Counsel/Unit Chief for Commercial Litigation has authority to manage the conduct of litigation in which the MTA or its agencies are parties excluding litigation that is handled by other Law Department units with specialized expertise (e.g., Torts, Workers Compensation, Environmental Law), and excluding most construction-related litigation, all in consultation with the Agency General Counsels and the General Counsel. With the concurrence of the General Counsel and/or Agency General Counsels, the Deputy General Counsel/Unit Chief may initiate litigation on behalf of the MTA or its agencies and may settle litigation in which the MTA or its agencies are parties.
• The Deputy General Counsel/Unit Chief oversees the litigation decisions of outside counsel in matters in which the MTA or its agencies is involved or is interested. The position recommends the payment of claims and the approval of settlements to the General Counsel and/or Agency General Counsels.
• Has high level of authority for the decision making, staffing, and budget for its functional area of responsibility, subject to approval regarding the most significant Business and Policy issues by the Agency General Counsels and/or General Counsel.
• Provides oversight of quality assurance with ability to make decisions regarding each agency’s area of responsibility.
• Makes recommendations for policy and procedural changes with final approval from the Agency General Counsels and/or General Counsel.
• Overall strategy and approach is made in consultation with the Agency General Counsels, General Counsel, and/or HQ Senior Management and/or Agency Senior Management.
• Supports development and/or compliance with policies, procedures, and legislation for the relevant functions within MTA HQ and the Agencies.
• Works with staff in the operating agencies and support functions to ensure appropriate dissemination of information and access to necessary resources for consistent and equitable application of programs. Through collaboration with agency staff and management of multiple analytical processes, this role will provide information to Senior Management to support planning functions and decision making.
• Assesses and evaluates management employees. Is involved with job evaluation recommendations, organization structure design, and re-organization approvals. Hires, disciplines, and terminates staff when necessary. Conducts performance evaluations of employees and provides appropriate feedback.  Establishes goals for staff and coaches as appropriate.
• Excellent academic credentials.
• Requires the exercise of judgment and discretion with minimum guidance.
• Possess excellent legal skills, including the analysis of issues.
• Possess excellent written and oral communications.
• Possess the ability to work under pressure and to manage a diverse case load.
• The incumbent should be able to interact with and to assist a broad range of MTA employees and officials.
• Ability to supervise lawyers and legal support staff.
• Demonstrated ability to work with all internal levels within a given organization.
• Demonstrated ability to communicate and interact well with external agencies. External agencies may include the Governor’s Office for New York State, New York City government, elected and other public officials, as well as any staff located at other federal or state agencies or authorities.
• Demonstrated proficiency in Microsoft Office Suite or comparable applications, i.e., Word, Excel, PowerPoint, and Outlook

EDUCATION AND EXPERIENCE:

REQUIRED 

• Law Degree from an accredited law school and admission to the New York State Bar.
• Must have a minimum of ten (10) years of progressively responsible experience in the area of litigation, including the direct management of significant cases, the supervision of other attorneys, court appearances, 
• Experience in drafting complex legal briefs and memoranda and the proven ability to manage a variety of matters concurrently.
• Must have prior supervisory experience over a professional legal staff.

PREFERRED

• Legislative affairs related experience
• Budget responsibility in prior experience.

OTHER INFORMATION:

Pursuant to the New York State Public Officers Law & the MTA Code of Ethics, all employees who hold a policymaking position must file an Annual Statement of Financial Disclosure (FDS) with the NYS Commission on Ethics and Lobbying in Government (the “Commission”).

HOW TO APPLY:  

MTA employees must apply via My MTA Portal. You can submit an online application by logging into My MTA Portal, clicking the My Job Search ribbon, and selecting the “Careers” link.

Logging in through My MTA Portal will link your BSC ID number to your job application to identify you as an internal applicant.

Equal Employment Opportunity

MTA and its subsidiary and affiliated agencies are Equal Opportunity Employers, including with respect to veteran status and individuals with disabilities.

The MTA encourages qualified applicants from diverse backgrounds, experiences, and abilities, including military service members, to apply.