Job Title: Senior Litigation Counsel, Enforcement Services
Job Responsibilities:
The Senior Litigation Counsel operates with minimal supervision to manage litigation for nationwide non-disciplinary and disciplinary proceedings filed with the Office of Hearing Officers (OHO) and to handle appeals before the National Adjudicatory Council (NAC). Key responsibilities include:
- Representing the organization in complex disciplinary proceedings involving violations of federal securities laws, organization and NASD Rules, Municipal Securities Rulemaking Board (MSRB) rules, and other self-regulatory organization (SRO) rules, either as the first or second chair.
- Leading in non-disciplinary hearings and litigation related to expedited proceedings, statutory disqualification decisions, membership application decisions, and exemption/waiver decisions.
- Handling appeals before the National Adjudicatory Council, including drafting appellate briefs and arguing appeals.
- Advising Member Supervision and the Member Application Program on statutory disqualifications, member application denials, and waiver/exemption requests.
- Drafting, reviewing, and finalizing legal documents such as complaints, motions, responses, exhibit and witness lists, and pre- and post-hearing briefs.
- Actively participating and coaching in litigations, including advising on litigation strategy, evidence use, and conducting opening and closing statements, as well as direct and cross-examinations of witnesses.
- Overseeing pre-hearing tasks, ensuring timely and complete discovery production, drafting and arguing motions, collecting and preparing hearing exhibits, and conducting witness preparation.
- Preparing team members for hearings through moot sessions and providing feedback on witness preparation, examination outlines, and work product.
- Consulting on litigation matters, including charging issues, legal theories, litigation strategies, pleading styles, evidentiary issues, risks, and sanctions.
- Counseling staff on litigation-related concerns, such as required witness testimony, use of transcripts, evidence for sanctions, defenses to mitigation, expert testimony, and summary exhibits.
- Conducting independent legal research and preparing advocacy documents with minimal need for editing.
- Negotiating settlements with respondents and their attorneys, and reviewing and preparing Offers of Settlement.
- Recommending and delivering content for litigation training.
- Collaborating effectively with available staff across the organization, including Enforcement investigative staff, Member Supervision, Member Application Program, Market Regulation, and Office of General Counsel.
Other Responsibilities:
- Working on special projects as assigned.
Education and Experience Information:
- Candidates must possess a law degree and be appropriately licensed to practice law in all applicable jurisdictions.
- A minimum of ten years of litigation experience is required, with a demonstrated ability to manage and try complex securities cases.
- Comprehensive knowledge of trial techniques, Federal Rules of Evidence, and Federal Rules of Civil Procedure is essential.
- The candidate must have superior litigation, oral, and written communication skills.
Salary Information:
The salary range varies by location and is determined by factors including skill set, experience, education, and internal peer comparisons. The salary ranges are as follows:
- CA: Minimum $150,600, Maximum $305,000
- CO/HI/MN/VT: Minimum $131,100, Maximum $254,000
- IL: Minimum $144,000, Maximum $279,500
- Jersey City, NJ/NYC, NY: Minimum $157,300, Maximum $305,000
- MA/WA: Minimum $131,100, Maximum $292,300
- MD/Washington, DC: Minimum $150,600, Maximum $292,300
- NJ State: Minimum $144,000, Maximum $305,000
- NY State: Minimum $131,100, Maximum $305,000
Compensation offers typically range from the minimum to the mid-point of the salary range.
Additional Information:
- The position requires travel and work outside of business hours due to the nature of disciplinary hearings occurring in the organization's District Offices.
- Employees may be eligible for a discretionary bonus and overtime pay as per applicable laws.
- The organization offers comprehensive benefits, including health, dental, vision insurance, retirement contributions, tuition reimbursement, and wellness programs.
- A generous time-off program is provided, including paid time off, personal days, sick days, and volunteer service days.
- Employees must comply with the organization's Code of Conduct, which includes investment and financial disclosure requirements, and execute confidentiality and invention agreements.
- The organization is an equal opportunity employer, adhering to regulations that prohibit discrimination and require affirmative action for individuals with disabilities and protected veterans.
