Associate Counsel, Litigation - Commercial Litigation (Affirmative Unit)

Associate Counsel, Litigation - Commercial Litigation (Affirmative Unit)

Salary Range: $109,816-$137,270

Department: Legal

Supervisor: Senior Associate Counsel, Affirmative Unit, Commercial Litigation Division

Location: 130 Livingston St, Brooklyn, NY 11201

Hours of Work: 9:00 AM - 5:30 PM

This position is eligible for telework. New hires are eligible to apply 30 days after their effective date of hire.

The Metropolitan Transportation Authority is North America's largest transportation network, serving a population of 15.3 million people across a 5,000-square-mile travel area surrounding New York City, Long Island, southeastern New York State, and Connecticut. The MTA network comprises the nation's largest bus fleet and more subway and commuter rail cars than all other U.S. transit systems combined. MTA strives to provide a safe and reliable commute, excellent customer service, and rewarding opportunities.

Summary

The Associate Counsel, Litigation position reports to a Deputy General Counsel or Assistant Deputy General Counsel in a Litigation and Administration Division or the Federal Employers' Liability Act (FELA) Division, the Executive Director of the Transit Adjudication Bureau (TAB), or the Director of the No-Fault Unit in the consolidated MTA Legal Department. The current Litigation and Administration Divisions are the: 1) Commercial Litigation Division, 2) eDiscovery and FOIL Division, 3) Labor and Employment Division, 4) Pension and Employee Benefits Division, 5) General Law Division, and 6) Administration Division.

Depending on the needs of the Legal Department, the Division, TAB, or the No-Fault Unit, the duties of the Associate Counsel include representing the MTA and its operating agencies in litigation matters and other disputes. The duties of the Associate Counsel include providing legal counsel on statutory, regulatory, and agency policy matters, as well as other matters that pertain to or affect the operations and functions of the MTA and its affiliates and subsidiaries. The litigation and counseling duties of the Associate Counsel are of increasing complexity and involve increasing levels of responsibility and independence. The Associate Counsel will practice in federal and state courts and before administrative agencies on a wide variety of matters.

Associate Counsel – Levels I, II, and III

Join the MTA Legal team as an Associate Counsel and play a key role in providing legal representation and support on a wide range of matters. Depending on level, responsibilities include:

• Level I: Assist senior attorneys with contract reviews, negotiations, and transactional support; conduct legal research; draft routine agreements; and manage deadlines across assigned matters. Gain exposure to corporate transactions, regulatory compliance, and policy issues under the guidance of experienced counsel.
• Level II: Provide legal representation on matters of ordinary to moderate complexity. Review and draft contracts, support negotiations, conduct legal research, and assist with dispute resolution and litigation tasks. Work with regular supervision while managing deadlines and contributing to diverse legal matters.
• Level III: Handle a demanding docket of matters with moderate complexity and significant sensitivity. Review and draft moderately complex contracts, lead negotiations, advise on agency policies, and participate in dispute resolution. Supervise junior attorneys on select matters and work closely with internal clients to identify and mitigate legal risks.

Responsibilities

Associate Counsel – Level I

• Provide legal representation and counsel to the MTA on assigned Matters of ordinary complexity.
• Work with direct supervision from the Deputy General Counsel, direct supervisor, or more senior attorneys in the division.
• Responsible for moderately busy docket of Matters of ordinary sensitivity and with modest financial and policy exposure.
• Matters assigned may include single counterparty proceedings before administrative tribunals and in state court, including basic Article 75 and 78 proceedings and position statements.
• Assist more senior attorneys during witness interviews, investigations, depositions, arguments, hearings, and trials.
• Identify basic legal issues and understand routine business processes as they relate to assigned Matters.
• Conduct legal research regarding a wide range of issues and clearly convey conclusions and recommendations.
• Produce clear and organized written work product, including correspondence and memoranda to supervisors and clients, pleadings, discovery requests and responses, motion papers, legal briefs, settlement authorization requests and agreements, pension plan documents, litigation hold notices, and other legal documents.
• Assist the Deputy General Counsel, direct supervisor, or other senior attorneys in providing in-house legal counsel on non-litigation Matters, including statutory, regulatory, and internal agency policy issues, collections and toll violation enforcement issues, and pension and employee benefits issues.
• Respond clearly, effectively, and in a timely manner regarding requests from supervisors, clients, and courts or administrative tribunals.
• Independently manage deadlines in all assigned matters.
• Perform other duties as assigned by the MTA General Counsel, Agency General Counsel, Deputy General Counsel, or direct supervisor.

In addition to meeting Level I expectations, a Level II Associate Counsel assignment requires the demonstrated ability to perform most or all of the following:

Associate Counsel – Level II

• Provide excellent legal representation and counsel to the MTA on assigned Matters of ordinary to moderate complexity.
• Work effectively with regular supervision from the Deputy General Counsel, direct supervisor, or more senior attorneys in the division.
• Handle assigned matters that include single counterparty proceedings in federal court.
• Efficiently gather information and materials from across the agencies relevant to litigation and non-litigation Matters.
• Make and defend ordinary discovery motions and motions to dismiss.
• Defend depositions of non-party MTA witnesses and conduct statutory hearings of claimants.
• Appear in state and federal trial-level courts for preliminary and discovery conferences and to argue ordinary discovery motions and motions to dismiss.
• Review and summarize proposed and new legislation and regulations.
• Support the Deputy General Counsel, direct supervisor, or senior attorneys in interactions with regulators.
• Evaluate settlement options and make recommendations to Deputy General Counsel or direct supervisor.
• Assist in the preparation of Board-related materials, including minutes of proceedings.

In addition to meeting Level II expectations, a Level III Associate Counsel assignment requires the demonstrated ability to perform most or all of the following:

Associate Counsel – Level III

• Provide excellent legal representation and counsel to the MTA on assigned Matters of moderate complexity.
• Handle a heavy or demanding docket of Matters, including matters of significant sensitivity and financial and policy exposure.
• Identify nuanced legal issues and understand complex business issues as they relate to assigned Matters.
• Handle Matters that include multiple counterparties.
• Make and defend summary judgment motions and motions made on an expedited or emergency basis.
• Argue discovery, procedural, and dispositive motions.
• Produce written work product that is sophisticated, thorough, and, where appropriate, persuasive.
• Defend MTA party witness depositions and take depositions of plaintiffs and non-party witnesses.
• Engage in settlement discussions with the approved authority.
• Participate in trial preparation, including drafting joint pre-trial orders, motions in limine, and jury instructions. Participate in trials and appeals under the direction of more senior attorneys.
• Provide in-house legal counsel on non-litigation Matters independently regarding routine issues and with supervision on more complex issues.
• Review and advise the client regarding proposed new agency policies, rules, and procedures.
• Establish strong and collaborative relationships with internal clients and successfully communicate complex legal issues.
• Identify legal risks and communicate them to internal clients or the Deputy General Counsel or supervisor where appropriate.
• At times, supervise the work of other attorneys on Matters staffed with multiple lawyers or on Matters assigned to less experienced attorneys.

Education and Experience

Levels I-III

Depending on the Matter assigned, the Associate Counsel may be asked to work productively with:

• MTA Legal Department Deputy General Counsel and all MTA Legal Department professional and administrative staff.
• MTA Departments and Units/Offices, including Accessibility, Audit, Communications, Compliance/Ethics, Diversity and Civil Rights, Finance, Information Technology, Labor Relations, People, Procurement, Strategic Initiatives, and System Safety.
• Presidents, Senior Vice Presidents