Description:

This position is eligible for telework, which is currently one day per week. New hires are eligible to apply 30 days after their effective date of hire.

Opening:
The Metropolitan Transportation Authority is North America's 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 nation's largest bus fleet and more subway and commuter rail cars than all other U.S. transit systems combined. MTA strives to provide a safe and reliable commute, excellent customer service, and rewarding opportunities.

Job Summary:
The Senior Counsel, Transactions position reports to a Deputy General Counsel or Assistant Deputy General Counsel in a Transactions Division in the consolidated MTA Legal Department. The current Transactions Divisions are the: 1) Condemnation Division, 2) Environmental Division, 3) Finance Division, 4) Procurement and Contracts Division, 5) Real Estate Development Division, 6) Real Estate Transactions and Operations Division, and 7) Special Projects Division.

Depending on the needs of the Legal Department and the Division, the duties of the Senior Counsel include representing the MTA and its operating agencies in transactions (contracts, agreements, and associated documentation), client counseling, compliance, negotiations, dispute resolution, risk management, and (for Environmental & Condemnation Divisions) litigation matters which are of increasing complexity and involve increasing levels of responsibility and independence. The duties of the Senior Counsel also 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.

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 transactional and compliance matters with limited supervision. Responsibilities include drafting and reviewing moderately complex agreements and contracts, conducting due diligence, advising on regulatory and policy issues, and managing risk. Handles moderately complex negotiations and dispute resolution, prepares authorizing documentation, and presents legal advice to mid-level and senior management. Occasionally supervises junior attorneys, interacts with outside counsel, and comments on legislative and regulatory proposals. For specialized divisions, they may assist with moderate litigation tasks such as discovery and appellate arguments.
Level II: Manages highly complex and sensitive matters with minimal supervision, including transactions with significant financial or policy exposure. Leads fast-paced negotiations, drafts and reviews multifaceted agreements, and oversees due diligence for complex deals. Handles disputes involving multiple parties, supervises junior attorneys and outside counsel, and, in specialized divisions, coordinates with outside counsel on litigation with major implications. Takes leadership in drafting agency rules, procedures, and proposed legislation, and drives complex settlement discussions. In specialized divisions, independently manages complex litigation tasks, including witness examinations at trial.
Level III: Operates with substantial independence on high-stakes, highly complex matters, providing strategic legal counsel and shaping overall transactions and dispute resolution strategies. Leads and closes voluminous negotiations, structures deals to meet business and legal objectives, and innovates solutions for intricate conflicts and risks. Reviews and drafts contracts with significant programmatic impact, finalizes board-level documentation, and negotiates directly with regulators. In specialized divisions, directs the most complex or novel litigation matters through trial and appeal, often coordinating with outside counsel. Serves as a key advisor on policy, governance, and regulatory issues at the highest level.

Division and Position Overview:
The MTA Legal Department's Procurement & Contracts Division is seeking a Senior Counsel I, II, or III to join the team depending on their experience level as described below. The Procurement & Contracts Division provides legal, transactional, and strategic advice to the MTA, its subsidiaries, and affiliates for a broad range of procurement, sourcing, contracting, and commercial matters critical to the MTA's operations, including enterprise-wide contract negotiations for goods, services, and public works.

As a Senior Counsel in the Procurement & Contracts Division, the candidate will be responsible for protecting and preserving the MTA's legal interests on a wide array of procurement, sourcing, contracting and commercial matters. program offices and related business unit clients. More specifically, the position will handle: The Senior Counsel may, depending on the Matter assigned, be asked to work collaboratively with:

the drafting of solicitations for the MTA agencies as well as the negotiation of terms and conditions and other contract-related documents for a wide range of MTA procurements and inter-agency agreements including, but not limited to, those for purchases of goods, services, hardware, software, infrastructure and equipment contracts.
Advising mid-level and senior management on issues of risk mitigation, contractor responsibility, and contract disputes, as required.
The analysis of proposed or enacted legislation, or any municipal, state or federal rule or regulation involving or affecting the agencies, and
Collaborating with, and/or supervising, outside counsel and MTA Junior attorneys.

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.
MTA's labor partners.

In addition to the educational and experience requirements detailed below, the Division also seeks candidates with the following:

Proficiency in Microsoft Word, Microsoft Excel, and computer skills. Excellent negotiating, drafting, and practice-management skills and business judgment.
Demonstrated ability to work independently on solicitation documents and contract negotiations of significant size and complexity, manage multiple projects and clients in a fast-paced environment, and work on a multi-disciplinary team.
Confidence dealing with senior management and sophisticated developers, lessees, and other counterparties. Ability to identify creative, business-oriented solutions to legal and business risks.
Demonstrated ability to implement, manage, organize, and update real estate legal documentation from files and databases.
Strong interpersonal, analytical, problem-solving, organizational, drafting, and communication skills.
Proven capability to build and maintain strong client relationships.
Ability to supervise paralegals and work collaboratively with other attorneys. Intellectual curiosity and a desire to continue to learn and think creatively.
Ability to manage a diverse and heavy volume of matters and to assist clients in determining priorities.

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.

The Following is/are preferred:

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 the organization's senior management

Required Education and Experience:

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.

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”).