Corporate Counsel, Litigation

General Job Description:

Reporting directly to the Vice President, General Counsel, this position is responsible for protecting the Company by identifying, administering and managing a variety of the Company's legal matters. The position is primarily focused on construction law issues and liability insurance matters, including collection actions and defense against liability claims. It also provides professional and ethical guidance to identify critical, sensitive and complex problems to which the application of legal principals yields the greatest opportunities for minimizing risks to the Company. The Corporate Counsel, Litigation position works with the Company's in-house legal department, risk management, outside attorneys and Company leadership, providing creative, forward-looking solutions to complex legal issues and business compliance issues.

In addition, the Corporate Counsel, Litigation position will draft, review and negotiate a range of contracts, ensuring the Company's contracts are legally sound and consistent with evolving laws in the states where the Company operates. This position may also provide guidance to the Company's Contracts Department over their work product and contract review processes.

Supervises: None

Essential Duties & Responsibilities:

• Supervise the Company's defense against litigation matters, primarily those covered by the Company's traditional insurance portfolio (e.g., General Liability, Auto, Workers' Compensation). This includes making critical decisions on case strategy, responsive evidence, risk assessment, budget approval, and settlement authority recommendations. This function also involves coordinating all aspects of the litigation process with internal stakeholders, claims adjusters, and outside counsel to ensure optimal legal outcomes and cost-effective resolution.
• Supervise the Company's construction litigation claims, focusing primarily on collection actions. This position requires expertise in using statutory remedies available to construction subcontractors to preserve their payment rights.
• Prepare Company witnesses for depositions, and prepare Company documents for review and/or production, while working efficiently with outside counsel.
• Serve as the Company's primary point of contact and subject matter expert for affirmative collection actions, and for the claims handling process for insured claims. This position may be involved in the selection of outside counsel (including panel counsel). This position continuously monitors outside counsel's performance, efficiency, billing practices, and adherence to Company litigation strategy and guidelines.
• Establish and maintain effective communication with outside counsel and insurance carriers to facilitate smooth claims reporting, coverage analysis, and payment of defense and settlement.
• Make outside counsel more effective and more efficient by serving as the Company's in-house expert for litigating insured claims.
• Prepare, review, and/or coordinate discovery responses with Company employees and outside counsel.
• Serve as the Company's corporate representative at selected hearings, arbitrations, and/or trials.
• Using the Company's software, establish and maintain robust processes for tracking, analyzing, and reporting on the status, financial exposure, reserves, and historical trends of all covered litigation. Develop key performance indicators (KPIs) for outside counsel and internal metrics to manage litigation budgets effectively, providing regular, detailed updates to senior management, the legal department, and the risk/finance teams on potential liabilities, and making data-driven recommendations for process improvements and risk mitigation strategies.
• Assist the Company in implementing improvements to Company processes using "lessons learned" from resolved claims.
• Respond to business-records subpoenas on the Company's behalf.
• Provide training on construction contracts and construction law principles to support Project Managers and administrative support roles.
• Draft, review and negotiate agreements with the Company's customers and vendors in the construction industry, including master agreements, change orders, and professional service agreements. The position may oversee the work product of others in their review of legal agreements.
• Facilitate decision making by preparing concise briefing documents with conclusions and recommendations.
• Legal research and prepare opinions that may have significant impact to the Company.
• Assist with corporate matters including the review, drafting and administration of Company contracts policies and procedures.
• Support the legal department as requested and assigned. Such assignments may include briefing documents, preparation of materials for Board and Committee meetings (including resolutions and minutes), preparing, managing and implementing corporate policies.
• Create and maintain in-house legal library of forms and agreement templates.

Position Requirements (Skills, Work Experience, Education, etc.):

• J.D. from an ABA-approved law school, and an active member in good standing of the Bar in California.
• Minimum 4+ years of substantive experience as a practicing construction attorney with civil litigation experience - construction industry experience and in-house experience a plus.
• Understanding of construction law, including statutory remedies, and drafting and reviewing construction contracts.
• Demonstrated ability to conduct quick, accurate legal research on matters outside the attorney's primary area of expertise.
• Excellent writing skills. Excellent draftsmanship of contracts and policy documents.
• Some domestic travel will be required.
• Standing, walking, hearing and listening, typing, viewing screens and reading documents in print and electronic format. Accurate reading comprehension, vision, using hands and fingers to manipulate software outputs.
• Working inside an office setting with other co-workers.
• Strong decision-making ability, with a significant sense of ownership and accountability.
• Self-driven, motivated and results oriented.
• Thrives in an environment where you need to roll-up your sleeves and own outcomes.
• Motivated to partner/collaborate with internal and external teams, building relationships to accomplish shared objectives in a dynamic and complex environment.
• Proven record of successful leadership, strength of character and ability to articulate and objectively defend business approaches.
• Effective interpersonal and presentation skills, with the ability to communicate effectively (both oral and written) with others at all levels of the Company.
• Excellent proficiency using information technology tools of a modern in-house legal team, including Gmail, Google Drive, Smartsheet, Box, Microsoft Office suite, Westlaw, OneLegal, etc.

ACCO Competencies:

• Proactivity / Initiative: Recognizes what needs to be done and accomplishes it in a manner appropriate for one's level/position and with minimal supervision.
• Perseverance: Shows the wherewithal to fight for difficult goals despite challenges and to bounce back from adversity.
• Insight: The ability to gather and make sense of information that suggests new possibilities.
• Engagement: Shows a knack for using emotion and logic to communicate a persuasive vision and connect with people.
• Teamwork: The ability to effectively work toward common goals with others by supporting, encouraging, and sharing information in an authentic and approachable manner.
• Big Picture: Understands and contributes to organizations' short- and long-term business strategy. On a personal level has independently developed a vision for short- and long-term career success.
• Motivation / Dedication: Commits to excellence in pursuing unselfish goals. Initiates action with collective goals takes responsibility and shows personal humility.
• Technical Curiosity / Willingness to Learn: Interest in seeking out new experiences, knowledge, and candid feed, back; demonstrating an openness to learning and change.
• Problem-Solver: Ability to identify, analyze, and solve a problem in support of personal, group, department, or organizational objectives.

Physical Requirements:

(The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.)

Hours:

This is an exempt position. Workdays are scheduled from Monday through Friday. Typically, work hours begin and end between 7:00 am and 5:00 pm as scheduled with the position's supervisor. Occasional overtime may be necessary per business needs.

Travel: 0 -5% of the time to and from the primary office to regional branch offices.

Competitive Wages:

$160,000 to $190,000 Annual Salary. Applicants please note that actual compensation is determined by several factors that are unique to each candidate, including but not limited to job-related skills, depth of experience, certifications, relevant education or training, and specific work location, among others. The offered wage or salary is only one aspect of an employee's total compensation.

#ACCO

#LI-AL1