Deputy General Counsel/Unit Chief, E-Discovery and FOIL
Description
POSTING NO. | 13923 |
JOB TITLE: | Deputy General Counsel/Unit Chief, E-Discovery and FOIL |
DEPT/DIV: | General Counsel |
WORK LOCATION: | 2 Broadway |
FULL/PART-TIME | FULL |
SALARY RANGE: | $192,068 - $228,081 |
DEADLINE: | Until filled |
This position is eligible for teleworking, which is currently one day per week. New hires are eligible to apply 30 days after their effective hire date.
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.
Position Objective:
The Deputy General Counsel e-Discovery and FOIL is an experienced attorney who will lead the MTA’s e-Discovery and FOIL (Freedom of Information Law) Unit, which will provide legal and technical e-discovery support to the legal departments of all the MTA’s agencies in addressing e-discovery matters, including but not limited to responding to FOIL requests and subpoenas, consulting on e-discovery searches and providing guidance on issues relating to the collection/preservation of documents in connection with litigation. The e-Discovery and FOIL Unit will also be responsible for staying current on best practices in e-discovery, applicable legal requirements, and available and emerging technology. The Deputy General Counsel e-Discovery and FOIL will supervise the legal and technical staff in the e-Discovery and FOIL Unit, provide subject matter expertise and guidance to legal staff of the agencies on e-discovery and FOIL matters, and assist with procurement of technical resources to be utilized by the Unit; s/he will also supervise the Senior Associate Counsel – FOIL and paralegals in The Consolidated Legal Department who are responding to FOIL requests.
Responsibilities:
- The Deputy General Counsel, e-Discovery and FOIL will supervise, manage and train the staff in the e-Discovery and FOIL Unit, which is responsible for providing legal and technical advice and assistance to all of the MTA agencies’ legal staff in responding to e-discovery requests and managing e-discovery generally. Develop and motivate personnel within the department. Provide career development for subordinates. Provide prompt and effective coaching and counseling. Responsible for discipline/termination of employees when necessary. Review the performance of staff. Create a professional environment that respects individual differences and enables all employees to develop and contribute to their full potential.
- The Deputy General Counsel, e-Discovery and FOIL, will stay current on best practices in e-discovery and FOIL, applicable legal requirements, and available and emerging technology. The Deputy General Counsel will continually follow and be knowledgeable about the growing body of cases related to e-discovery and FOIL, and monitor the federal and state rules for any e-discovery and FOIL developments.
- The Deputy General Counsel, e-Discovery and FOIL, will provide beginning-to-end oversight of e-discovery matters and will coordinate with legal staff of the various agencies (as well as with the IT Department) in connection with e-Discovery searches in individual lawsuits and in response to requests for information, including but not limited to FOIL requests and subpoenas.
- The Deputy General Counsel, e-Discovery and FOIL, will advise legal staff on electronic searches and assist with requests from litigation adversaries, including helping to determine if those requests are overbroad, unduly burdensome, or disproportionate to the needs of the case.
- The Deputy General Counsel, e-Discovery and FOIL, will help set up document reviews of electronic materials, including advising on search terms, protocols, and document production logistics.
- The Deputy General Counsel, e-Discovery and FOIL, will provide guidance on issues relating to the collection and preservation of electronic documents and materials (including assisting with the litigation hold process), and provide subject matter expertise as needed.
- The Deputy General Counsel, e-Discovery and FOIL, will be responsible for reviewing FOIL requests to MTA Headquarters and its agencies, providing guidance to paralegals who respond to FOIL requests, coordinating with agency personnel in appropriate situations, and reviewing responses before they are sent out.
- The Deputy General Counsel, e-Discovery and FOIL, will assist in the evaluation and procurement of technical resources to be used by the e-Discovery and FOIL Unit.
- Other duties as assigned.
Required Knowledge/Skills/Abilities:
- Extensive experience with all aspects of e-discovery and FOIL support and in managing document production and privilege review (including but not limited to collection/preservation of material, search terms, and review protocols)
- Technical proficiency with Microsoft Office applications.
- Ability to use well-established discovery platforms and knowledge of evolving e-discovery technologies.
- Substantial knowledge of current and emerging policies, regulations, court rules, and case law regarding e-discovery and FOIL practices, as well as the interrelation of e-discovery and FOIL practices with other disciplines (e.g., IT, data security, etc.).
- Proven ability to manage and train staff.
- Strong oral, written, and analytical skills;
- Requires the exercise of independent judgment and discretion.
- Excellent oral and written communication skills.
- Demonstrated proficiency in Microsoft Office Suite or comparable applications, i.e., Word, Excel, PowerPoint, and Outlook.
Required Education and Experience:
- Law Degree from an accredited law school and admission to the New York State Bar.
- Minimum of ten (10) years of significant e-discovery and FOIL management experience at a law firm, governmental agency, or corporation.
- Must have prior supervisory experience over a professional legal staff.
The Following is/are preferred:
- Budget responsibility in prior experience.
- Familiarity with the MTA’s policies and procedures
- Familiarity with the MTA’s collective bargaining procedures
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.