Litigation Attorney III

TX-HHSC-DSHS-DFPS•Austin, TX

11d•Hybrid

About The Position

This position is an attorney III in the Litigation Department on the Medicaid Litigation Team. The Litigation Department is one of seven departments in the Legal Services Division of the HHS Office of Chief Counsel (OCC). The Litigation Department (LD) is responsible for tracking and monitoring information on all pending or threatened litigation against HHS or HHS employees in their official or individual capacities. The LD works with the Office of Attorney General (OAG) to defend lawsuits and administrative actions filed against the agency concerning employment decisions, tort claims, agency rules and policies, alleged constitutional deprivations, federal and state statutes, including the Medicaid Act, and breach of contracts. The Attorney III performs legal work as part of the Medicaid Litigation Team. The job involves working primarily on Medicaid litigation, including the Frew class action lawsuit, Medicaid Fraud, and Medicaid Procurement litigation, among others.

Requirements

Knowledge of the federal and state rules of evidence and procedure and of agency administrative rules and regulations.
Skill in researching, reviewing, analyzing, interpreting and applying federal and state laws, rules, and other regulations affecting the agency.
Skills in the use of a computer and applicable software; in using reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; in mediation and negotiations; and in using judgment to identify courses of action.
Ability to represent the agency at hearings, to prepare opinions and briefs, to prepare cases for trial, to conduct research, to summarize findings, to interpret and apply laws, to use legal reference materials and to communicate effectively.
Ability to plan and organize work and to supervise the work of others.
Must be licensed as an attorney by the State of Texas and a member in good standing with the State Bar of Texas.
A minimum of 3 years of litigation experience.
Graduation from an accredited law school with a Bachelor of Laws (LLB) or a Juris Doctor (JD) degree.

Responsibilities

Draft summaries of new litigation identifying parties, claims and defenses, evaluate potential risks to the agency and its employees, and develop litigation strategy.
Oversee and coordinate legal and administrative activities.
Formulate and establish policies and procedures.
Draft timely, accurate, and concise updates for the Associate Directors, Deputy Director or the Director of Litigation and the Chief Counsel concerning the status of, and new developments in, agency lawsuits.
Research legal issues related to litigation and provide timely, accurate and concise analysis and advice.
Provide effective counsel to the agency, including identifying litigation trends and prevention.
Draft letters to the OAG requesting representation in litigation.
Work with the assigned Assistant Attorney General (AAG) and agency staff to respond to complaints and petitions.
Coordinate case preparation for interviews, depositions, hearings and trials.
Research claims and defenses and ensure appropriate motions are filed timely by the OAG.
Draft and review briefs and motions as needed.
Review discovery requests and work with agency staff to identify responsive information and documents.
Draft or review discovery responses and objections.
Use e-Discovery software to review documents and other information for production.
Draft or review discovery requests as needed.
Ensure the OAG pursues offensive discovery as needed.
Draft recommendations for review by the Associate Directors, Deputy Director, or Director of Litigation and Chief Counsel on whether to appeal court rulings.
Draft or review appellate briefs and arguments and work with the OAG to ensure appeals are timely filed.
Review and analyze settlement recommendations from the OAG and draft settlement recommendations for review by the Associate Directors, Deputy Director, or Director of Litigation and the Chief Counsel.
Participate in settlement negotiations and/or mediation and ensure that all settlement documents adequately protect the agency's interests.