Assistant General Counsel 3 - Appeals, Torts

POSITION SUMMARY

The Assistant General Counsel III handles complex, high exposure appeals and other litigation matters. The incumbent is responsible for assisting in managing the appellate practice unit, which handles appellate and insurance coverage litigation brought in state and federal trial, and appellate courts related to tort claims involving MTA agencies. The incumbent will have a very high level of expertise in all phases of tort litigation and appellate practice, as well as extensive knowledge of Federal, State and local laws. The selected candidate will also be responsible for helping design and implement curriculum that will acclimate employees to case management and work managed in the torts division as well as provide continued professional development and instruction to in-house attorneys and outside counsel based on the latest procedural and substantive developments in the law.

RESPONSIBILITIES

• Support the Deputy Executive Assistant General Counsel – Appeals, in managing the tort appeals unit which handles cases and issues that significantly impact the MTA agencies’ financial exposure, public relations, policies and procedures and establishes legal precedent affecting not only the specific case defended but future cases brought against MTA agencies.
• Directly handle, and oversee in-house attorneys and outside counsel that handle, complex, high exposure appeals, and other litigation matters brought against MTA agencies in state and federal trial and appellate courts, including cases brought under New York’s Labor Law sections 240 and 241(6), insurance coverage and indemnification matters.
• Critically analyze torts cases and develop, implement and oversee defense strategies during all phases of litigation designed to achieve the most favorable and cost-effective resolution of lawsuits and claims, in conformance with the most current legal precedent and ethical considerations.
• Develop and implement curriculum designed to acclimate attorneys and non-attorneys to the tort unit’s case management procedures and litigation practices, and to provide continued professional development based on current legal trends to ensure consistent and uniform defense strategies designed to achieve predictable and cost-effective outcomes.
• Select, 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.
• Other duties as assigned.

EDUCATION AND EXPERIENCE

A law degree and admission to the Bar of the State of New York

Minimum 10 years of progressively independent litigation experience after admission to the Bar defending significant, a minimum of six (6) years of managerial/supervisory experience and a minimum of four (4) years of significant and specialized appellate court experience, preferably in tort and governmental liability.

DESIRED SKILLS

• Proven ability to litigate, and oversee a team that litigates, a high volume of complex, high exposure torts caseload from inception to resolution independently and collaboratively, under pressure and tight time constraints.
• Proven ability to defend municipalities, corporate entities and/or common carriers in tort litigation involving motor vehicle accidents and premises liability
• Superior analytical, verbal, writing and negotiation skills.
• Proven ability to exercise sound judgment.
• Proven ability to build and develop professional relationships necessary to litigation (e.g., clients, adversaries and judiciary).
• Proven ability to forensically analyze medical records and varied technical information.
• Ability and command over all types of research including but not limited to legal research engines, general internet searches and investigative searches.
• Experience administering a training program or developing a curriculum, e.g., in adjunct role, with legal clinics or continuing education classes
• Excellent communication and interpersonal skills.
• Excellent organizational and presentation skills.
• Demonstrated ability to work with all internal levels within a given organization, including the MTA Board.
• 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 ability to work in a high-profile, high-pressure environment effectively.
• Demonstrated ability to communicate effectively with key internal and/or external stakeholders.
• Must have strong managerial skills to effectively direct a staff of professional and technical employees in implementing the short- and long-term goals and direction for the area of responsibility.
• Demonstrated ability to complete short- and long-term projects effectively and as efficiently as possible.
• Demonstrated analytical capabilities and quantitative skills.
• Demonstrated proficiency in Microsoft Office Suite or comparable applications, i.e., Word, Excel, PowerPoint, and Outlook.

PREFERRED:

• Master’s degree in a related field.
• Admission to the District Courts for the Eastern and Southern Districts of New York and the U.S. Court of Appeals for the Second Circuit
• Attainment of or in the process of attaining specific functional licenses or certifications in area of specialty if applicable.
• Familiarity with the MTA’s policies and procedures.
• Familiarity with the MTA’s collective bargaining procedures.

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”).

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.