Senior Counsel, Litigation - FOIL

JOB TITLE: Senior Counsel, Litigation - FOIL

SALARY RANGE: $145,231 - $181,539

DEPT/DIV: Legal

SUPERVISOR: Deputy General Counsel in eDiscovery & FOIL

LOCATION: 2 Broadway

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 Americas 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 nations largest bus fleet and more subway and commuter rail cars than all other U.S. transit systems combined. The MTA strives to provide a safe and reliable commute, excellent customer service, and rewarding career opportunities.

Summary: The Senior 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
6. Administration Division

Depending on the needs of the Legal Department, the Division, TAB, or the No-Fault Unit, the duties of the Senior Counsel include representing the MTA and its operating agencies in litigation matters and other disputes. The duties of the Senior Counsel include providing legal counsel on statutory, regulatory, agency policy, and other matters that pertain to or impact the operations and functions of the MTA and its affiliates and subsidiaries.

The litigation and counseling duties of the Senior Counsel are of increasing complexity and involve increasing levels of responsibility and independence. The Senior Counsel will practice in federal and state courts and before administrative agencies on a variety of matters.

Senior Counsel - Levels I, II, and III

There are three levels of Senior Counsel positions within the Legal Department, each with progressively greater responsibilities. Depending on the level, responsibilities include:

Level I: Provides legal representation on complex litigation matters with light supervision, including expert discovery, defending class and collective action certification motions, and making and defending motions at trials and hearings. May second-seat trials, conduct direct examinations, and argue in state and federal appellate courts. Occasionally supervises junior attorneys, liaises with outside counsel, and advises on non-litigation matters. Prepares comments on legislation, drafts staff summaries for Board review, and ensures strong understanding of MTA business operations.

Level II: Handles highly complex and sensitive litigation matters with minimal supervision, including cross-examination of witnesses and making evidentiary objections at trials and hearings. Frequently supervises attorneys, serves as lead in-house counsel on class actions and litigation with major policy implications, and leads complex settlement discussions. Takes leadership in drafting agency rules, procedures, and proposed legislation, and provides strategic guidance on litigation and compliance issues.

Level III: Operates with substantial independence on high-stakes litigation matters, acting as first seat at trials and hearings and directing strategy across multiple divisions and agencies. Very frequently supervises attorneys, finalizes Board-level staff summaries, and leads negotiations with regulators. Provides counsel on novel and sophisticated non-litigation issues and manages complex matters involving multiple departments and operating agencies. Serves as a key advisor on litigation strategy and organizational risk at the highest level.

Division and Position Overview:

The eDiscovery & FOIL Division is seeking a Senior Counsel I, II, or III to join the team depending on their experience level as described below.

The eDiscovery & FOIL Division is responsible for developing and maintaining the MTA's digital pre-trial litigation, public records access and records management operations while reducing costs and institutional risk. As a Senior Counsel in the eDiscovery & FOIL Division, the candidate will be responsible for managing and directing all agency FOIL staff, information requests and processes, with appropriate oversight from the Deputy General Counsel for eDiscovery & FOIL, for the MTA.

The Senior Counsel may, depending on the Matter assigned, be asked to work collaboratively with:

• MTA Legal Department Deputy General Counsels 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, and senior staff at New York City Transit, Metro-North Railroad, Long Island Rail Road, Bridges and Tunnels, and Construction and Development.
• Federal, State or local administrative agencies.
• Office of the MTA Inspector General.

Education and Experience:

Level I-III:

REQUIRED EDUCATION AND EXPERIENCE: JD from an accredited law school and licensed to practice law in New York. A minimum of five (5) years of relevant law firm, public sector legal or in-house legal experience.

Preferred Experience:

• Public sector legal experience, particularly in New York City or New York State.
• Transportation sector experience.
• History of successfully supervising or mentoring junior attorneys.
• A record of communicating with and advising organization's senior management.
• A deep understanding of open records access for public agencies.
• A record of workflow optimization experience.

Required Competencies:

• Strong legal research and writing ability.
• Strong communication and interpersonal skills, with the ability to interface effectively with people at all levels of the organization and external parties.
• Demonstrated knowledge base and practice skills relating to the various practice areas and responsibilities of this position.
• Demonstrated leadership skills.
• Demonstrated ability to navigate complex records requests from start to resolution.
• Demonstrated ability to provide clear, practical legal advice in high-pressure, real-time environments.
• Excellent organizational and presentation skills.
• Demonstrated ability to complete short- and long-term projects effectively and as efficiently as possible.
• Demonstrated analytical capabilities and quantitative skills.

Other Information:

• May need to work outside of normal work hours (i.e., evenings and weekends).
• Travel may be required to other MTA locations or other external sites.

According 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 those concerning veteran status and individuals with disabilities.

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