Litigation Counsel

Whatnot•New York, NY

34d•Hybrid

About The Position

We're looking for an experienced and strategic attorney to lead Whatnot's Worldwide litigation, investigations, and regulatory response functions. As Litigation Counsel, you'll own strategy and execution for all contentious matters - from high-stakes commercial disputes to regulatory investigations and enforcement actions. This leader will work cross-functionally with Legal, Public Policy, Trust & Risk, and Communications teams to manage litigation risk, ensure consistency in regulatory responses, and support Whatnot's continued growth in a fast-evolving regulatory landscape. You'll work closely with external counsel to ensure Whatnot is well-positioned across civil litigation, consumer protection, intellectual property, privacy, and broader platform and marketplace issues.

Requirements

J.D. from an accredited law school and active membership in at least one U.S. state bar.
10+ years of experience handling complex litigation, investigations, and enforcement matters, ideally at a leading law firm and/or technology company.
Demonstrated success managing external counsel and coordinating across multiple internal stakeholders.
Substantial experience interfacing with U.S. federal and state regulatory bodies.

Nice To Haves

Experience with marketplace, platform, or e-commerce companies.
Understanding of consumer protection, competition, privacy, and advertising laws.
Prior in-house leadership experience building or leading a litigation or regulatory function.
Strong judgment, communication, and problem-solving skills under pressure.

Responsibilities

Lead strategy and oversight for all litigation and pre-litigation disputes, including commercial, IP, consumer, employment, and class action matters.
Manage and coordinate outside counsel, ensuring alignment with company objectives and cost efficiency.
Serve as the primary internal advisor on litigation risk, case management, and discovery practices.
Direct Whatnot's response to regulatory inquiries and investigations (e.g., FTC, DOJ, SEC, state attorneys general, local regulators).
Partner with internal teams to conduct fact-finding, draft responses, and manage deadlines under time-sensitive and high-profile conditions.
Advise senior leadership on enforcement trends and potential exposure areas.
Collaborate with Public Policy, Trust & Risk, and Communications to develop scalable processes for responding to regulatory requests and subpoenas.
Support proactive engagement with regulators and industry associations on emerging marketplace and consumer protection issues.
Partner with Product, Operations, and Communications to ensure consistent messaging and mitigation of litigation and enforcement risk.
Provide guidance on new product launches and strategic initiatives with potential litigation or regulatory implications.
Build and mentor a high-performing team focused on investigations, discovery, and dispute management.
Drive continuous improvement in how Whatnot handles regulatory responses, investigations, and litigation strategy.

Benefits

Generous Holiday and Time off Policy
Health Insurance options including Medical, Dental, Vision
Work From Home Support
Home office setup allowance
Monthly allowance for cell phone and internet
Monthly allowance for wellness
Annual allowance towards Childcare
Lifetime benefit for family planning, such as adoption or fertility expenses
Retirement; 401k offering for Traditional and Roth accounts in the US (employer match up to 4% of base salary) and Pension plans internationally
Monthly allowance to dogfood the app
Parental Leave
16 weeks of paid parental leave + one month gradual return to work company leave allowances run concurrently with country leave requirements which take precedence.