Description:

Summary:
Provides advice and counsel on a wide variety of legal matters or problems involving separately managed factoring entities owned by A Personal & Business Financial Bank (the Companies), including complex commercial litigation, breach of contract, collection matters, all as part of managing legal risks and costs.

Responsibilities:
  • Serves as monitoring attorney for litigation involving the Companies, assisting with the drafting, management, and resolution of commercial litigation and disputes, both pre-and-post litigation.
  • Oversees and engages in a diverse range of litigation proceedings including pre-litigation dispute resolution, mediation, management of active litigation, discovery, and other litigation requests and processes.
  • Assesses and resolves commercial payment disputes (i.e. work-outs).
  • Serves as counsel of record on local cases or pro hac vice in high stakes matters.
  • Researches novel or nuanced factoring issues for use in litigation, resolution of matters, or to update contracts.
  • Prepares litigation reports for executive management for the Companies.
  • Acts as a liaison with outside law firms including monitoring and tracking assigned projects or cases, evaluating the effectiveness and efficiency of outside law firms, and consulting with outside law firms on strategy and policy issues.
  • Visits with executives and operational personnel at various of the Companies' locations to understand operations as necessary to assist each Company with legal needs and to identify and mitigate legal risk.
  • Assists in developing training programs and/or materials; provides such training as appropriate or requested.
  • Provides advice and counsel on a variety of legal matters involving the Companies.
  • Proactively assesses risks/loss exposure facing the Companies and recommends/collaborates on solutions to mitigate/minimize such risks/losses; identifies best practices.
  • Assists operational personnel with achieving and maintaining regulatory compliance and compliance with internal policies and procedures.
  • Keeps informed of federal and state legislation and judicial decisions that may affect the Companies' operations; provides advice and counsel based on interpretations of said laws, regulations, and decisions.
  • Prepares and reviews business agreements and handles other legal matters as needed.
  • Advises and provides support to the Companies' associates on all legal and compliance aspects of commercial factoring.
  • Assists with drafting, reviewing, and negotiating documents, including, for example, contracts, loan documentation, intercreditor agreements, client facing agreements, and corporate level agreements involving the Companies' interests or the interests of clients.
  • Assists as needed in factoring deal structuring.

Supervisory Responsibilities:
  • Directly and/or indirectly supervises employees in Legal and carries out supervisory responsibilities in accordance with the Companies' respective policies and applicable laws.
  • Responsibilities may include interviewing, hiring, and training employees; planning, assigning, and directing work; addressing complaints and resolving problems.
  • Works as part of a team with both junior and senior legal team members and business contacts at Companies.

Requirements:
Skills/Experience/Education
  • Juris Doctorate (JD) from an accredited institution.
  • 5+ years of legal experience, with an emphasis on commercial, factoring and/or complex litigation or disputes. In-house experience preferred.
  • Licensed to practice law in California, Florida, Louisiana, New York or Texas, or eligible to become licensed in one or more of those states.
  • Excellent problem-solving skills.
  • Strong client focus with outstanding judgment, critical thinking, and analytical skills.
  • Strong interpersonal, negotiation, verbal and written communication, and presentation and facilitation skills.
  • Ability to communicate effectively orally and in writing.
  • Proficient knowledge of Microsoft Office products including Microsoft Word, Excel, Outlook, Access and PowerPoint
  • Ability to interact well with all organizational levels.
  • Ability to handle conflict from varying parties, up to and including senior management.
  • Travel throughout footprint required, as needed.

Essential Mental & Physical Requirements
  • Ability to travel if required to perform the essential job functions.
  • Ability to work under stress and meet deadlines.
  • Ability to read and interpret a document if required to perform the essential job functions.
  • Prolonged periods of sitting at a desk and working on a computer may be required.
  • Ability to lift/move/carry approximately 15 pounds if required to perform the essential job functions. If the employee is unable to lift/move/carry this weight and can be accommodated without causing the department/division any “undue hardship” then the employee must be accommodated; hence omitting lifting/moving/carrying as a physical requirement.