Associate General Counsel

Company Description

Job Description

**This position may be eligible for remote work for up to 2 days per week, pursuant to the Flexible Work Pilot Program. **

The NYC Department of Consumer and Worker Protection (DCWP) protects and enhances the daily economic lives of New Yorkers to create thriving communities. DCWP licenses nearly 45,000 businesses in more than 40 industries and enforces key consumer protection and workplace laws that apply to countless more. By supporting businesses through equitable enforcement and access to resources, DCWP protects the marketplace from predatory practices and strives to create a culture of compliance. DCWP empowers consumers and working families by providing the tools and resources they need to achieve financial health and work-life balance. DCWP also conducts research and advocates for public policy that furthers its work to support New York City's communities. For more information about DCWP and its work, call 311 or visit DCWP at NYC Department of Consumer and Worker Protection (DCWP), sign up for its newsletter, or follow on its social media sites, X, Facebook, Instagram, and YouTube.
The General Counsel Division (GCD) at DCWP seeks an experienced attorney to serve in the Associate General Counsel (AGC) position. Reporting to the General Counsel and Deputy General Counsel for Litigation and Regulatory Enforcement, the AGC will be responsible for overseeing one of the GCD's litigation and enforcement units, which consist of a team of lawyers who research, investigate and prosecute illegal and deceptive and business practices by individual businesses and business industries. Specifically, the AGC will have several primary areas of focus:


1.Oversight of one unit of GCD affirmative litigation and enforcement attorneys: this litigation team consists of attorneys who research, investigate and prosecute illegal, deceptive and fraudulent business practices by individual businesses and business industries, with a focus on emerging deceptive and unconscionable pricing issues. This portfolio includes investigation and enforcement concerning deceptive junk fees, including but not limited to fees covered by DCWP's hotel junk fee rule, the click-to-cancel rule, the Truth in Pricing Law,the Consumer Protection Law, and any other laws within the Agency's jurisdiction regulating dynamic and surveillance pricing. The AGC will:
-manage the team's investigative and trial work, including supervising proceedings before OATH and in State court, as necessary;
-support matters from investigation through settlement or trial, including keeping matters moving to meet deadlines;
-work with the GCD senior management team to develop creative strategies for identifying and successfully prosecuting affirmative litigation cases; and
-train legal and investigative staff on skills necessary to carry out the GCD's litigation goals.
2.Oversight over the GCD's enforcement of specific laws, including the Safe Hotels Act and laws regulating funeral homes and automated employment decision-making tools (AEDTs). Oversee and serve as lead counsel, as necessary, in enforcement actions at the City's administrative tribunal and in NYS court, conduct industry-wide compliance initiatives, and coordinate targeted enforcement efforts. Oversee and participate as necessary in all trials. Review and assist in drafting summonses, petitions, motions, briefs, subpoenas, Consent Orders, discovery documents, correspondence, and other legal documents. Provide support to the New York City Law Department with litigation related to licensed categories.

3.Lead DCWP strategy to enforce modernized Truth in Pricing Law, including restrictions on dynamic pricing and surveillance pricing. Manage and direct research into best practices to protect consumers from surveillance pricing in particular, in close coordination with other AGCs in the GCD, and other divisions of DCWP, including Legislative Affairs and the Office of Financial Empowerment.


4.Responsible for monitoring market supply fluctuations and implementing DCWP's Price Gouging Rule during States of Emergency.

5.Provide legal counseling to other divisions regarding licensed categories, particularly issues related to the interpretation of licensing laws and rules; assisting with the review and drafting of legislation and rules implementing legislation; review and revise Licensing and Enforcement Division tools/documents to ensure compliance and consistency with laws and rules; utilize expertise to provide legal advice on drafting and reviewing enforcement and licensing division documents and assessing enforcement priorities; work with the Communications Division to help properly frame legal issues and answer questions; work with the External Affairs to handle elected inquiries, frame responses, and help prepare for public hearings concerning potential new areas of Agency responsibility.

6.Supervise and oversee team of attorneys to ensure that work is being efficiently and accurately performed, all policies and procedures are adhered to, and professional development goals are being met by team members.

The ideal candidate has significant supervisory and managerial experience, is a self-motivated, experienced attorney with superb writing skills and experience with strategic planning and using technology and data to further legal goals. The position requires an individual who enjoys substantial responsibility and thrives in a fast-paced environment.

EXECUTIVE AGENCY COUNSEL - 95005

Qualifications

Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, eighteen months of which must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing highly complex and significant legal work.


Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

Additional Information

The City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment based upon any legally protected status or protected characteristic, including but not limited to an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.