Senior Litigation Counsel

Senior Commercial Litigation Counsel

This position is remote. Candidates must be licensed in the state of Texas and live in Houston or surrounding areas.

About the Role

We are seeking a Senior Commercial Litigation Counsel with at least 5+ years of experience in commercial litigation, ideally with an emphasis on Merchant Cash Advance (MCA) enforcement, alternative commercial finance, and creditors' rights. The ideal candidate will manage a high-volume, fast-paced caseload involving breach of contract, confession of judgment enforcement, fraudulent conveyance, and asset recovery across state and federal courts.

Requirements

• Litigation & Case Management: Direct all phases of commercial litigation from pre-suit investigation through pleading, discovery, trial, and post-judgment enforcement.
• MCA & Contract Enforcement: Handle complex disputes arising from MCA agreements, commercial guarantees, merchant default, stacking issues, and payment processor disputes.
• Creditors' Rights & Asset Recovery: Formulate and execute aggressive recovery strategies, including bank restraints, property liens, wage garnishments, fraudulent conveyance actions, and post-judgment subpoenas.
• Motion Practice & Briefing: Draft high-quality pleadings, emergency motions (injunctions, TROs, attachments), summary judgment motions, and appellate briefs.
• Court Appearances: Represent clients at oral arguments, hearings, depositions, mediations, and trial proceedings.
• Client Consultation: Advise lenders, funding companies, and financial institutions on risk mitigation, portfolio recovery, and compliance with evolving state and federal commercial finance laws.

Qualifications & Requirements

• Juris Doctor (JD): Degree from an accredited law school; active bar admission in good standing in the primary operating jurisdiction.
• Experience: 5+ years of dedicated experience in commercial litigation, specifically focusing on MCA litigation, debt collection, and creditors' rights.
• Precedent Knowledge: In-depth understanding of Uniform Commercial Code (UCC) Articles 3 and 9, state enforcement of judgment procedures, and commercial contract law.
• Courtroom Skills: Demonstrated track record of motion practice, trial experience, and emergency relief hearings.
• Efficiency: Ability to manage a robust caseload independently while maintaining high attention to detail in a fast-paced environment.

Preferred Experience

• Familiarity with bankruptcy proceedings (representing secured and unsecured creditors in Chapter 7, 11, and 13 cases, including adversary proceedings and motions for relief from stay).
• Experience navigating regulatory updates affecting the MCA and alternative finance industry (e.g., disclosure laws, usury recharacterization claims).