Senior Counsel - Litigation

EY•New York, NY

1d•Hybrid

About The Position

The Senior Counsel Litigation is responsible for defending the firm against lawsuits alleging professional malpractice, breach of contract claims, and securities class action litigation. This role actively manages and participates in the defense of litigation, mediations, arbitrations, and agency proceedings brought under various applicable federal, state, and local laws. The Assistant General Counsel also responds to subpoenas, inquiries, and investigations by state and federal regulatory entities; represents the firm in such matters; and coordinates the production of information to those entities. This position serves a critical advisory and risk management function, addressing compliance with applicable laws, regulations, and firm policies governing all service lines comprising the firm’s business.

Requirements

Significant level of autonomy in making difficult and often nuanced decisions involving litigation, criminal, and regulatory proceedings against the firm and its personnel.
Experience as an attorney with significant litigation, including trial and related experience.
Exceptionally strong analytical abilities to synthesize facts and law to determine actions.
Understand laws, rules, and regulations applicable to the firm and its industry.
Excellent verbal and written communication skills; ability to interface and communicate effectively and diplomatically with all levels of EY personnel, including firm leaders and managing partners.
Demonstrated ability to create, plan, and successfully execute projects; the ability to meet multiple deadlines in a fast-paced environment.
Exceptional interpersonal skills to effectively manage outside counsel.
A bachelor's degree from an accredited 4-year college.
Juris Doctor (JD) from a top law school.
8+ years of experience as a practicing attorney, preferably in a law firm or corporate legal department.
Requires membership in the State Bar as an attorney qualified to practice law in the state where the resident EY office is located.
Must remain in good standing with the State Bar, including being current on individual state Continuing Legal Education (CLE) requirements.

Nice To Haves

Top of class for a bachelor's degree from an accredited 4-year college.
Top of class for a Juris Doctor (JD) from a top law school.

Responsibilities

Defend class action and other civil lawsuits against the firm where the exposure to the firm can be significant.
Represent the firm in criminal investigations and proceedings against the firm, its partners, and employees.
Assist with representing the firm and witnesses before the Securities Exchange Commission (SEC) enforcement staff, the Public Company Accounting Oversight Board (PCAOB), state agencies, and other regulatory bodies.
Assist with representing firm American Institute of Certified Public Accountants (AICPA) members in connection with AICPA ethics investigations and represent the firm or individual licensees in claims of violations of State Boards of Public Accounting Code of Conduct or other regulations.
Consult with partners of the firm on potential or threatened litigation to enable the firm to avoid significant civil, criminal, or regulatory exposure.
Conduct internal investigations in response to allegations of insider trading, alteration of workpapers, or other civil or criminal malfeasance by firm personnel.
Coordinate the firm’s response to regulatory subpoenas and preservation requests by determining the appropriate custodians, drafting the preservation notice, and ensuring compliance.
Advise on issues of professional responsibility and risk management, such as client acceptance and continuance, conflicts of interest, document retention, independence, professional standards and guidance, restatements, special investigations, and discovery of financial statement errors or potential client fraud.
Formulate defense strategies and other tactical decisions in potential or active litigation matters involving the firm and consult on defense strategies with the relevant stakeholders.
Work with outside counsel representing the firm and actively manage outside counsel spend to ensure that the firm’s resources are appropriately spent.
Advise the firm’s client-serving partners in meeting legal obligations associated with subpoenas served on the firm.
Conduct interviews of potential expert witnesses and current or former firm personnel in connection with litigation or other matters involving the firm.
Participate in mediations and other settlement negotiations to resolve disputes in a cost-effective manner.
Participate in preparing key documents in litigation, including legal briefs, pleadings, and discovery requests.
Participate in preparing firm and other witnesses for testimony.
Develop and recommend firm policy and positions on legal issues.
Assist in matters related to the provision of services in bankruptcy proceedings, including coordination of the retention of firm professionals to provide services in such proceedings and the filing of fee applications.
Represent firm interests in defending Chapter 5 avoidance actions.