Senior Counsel, Risk

Brex•San Francisco, CA

10d•Hybrid

About The Position

Brex is seeking a Senior Counsel, Risk to join their Legal team. This role will be responsible for managing legal responses to critical situations such as disputes, incidents, collections, and regulatory inquiries. The Senior Counsel, Risk will act as a liaison between various departments including Legal, Compliance, Risk, Operations, and product teams to drive resolutions. The position requires a proactive approach to managing legal matters, advising on risk, and ensuring compliance within a highly regulated financial environment. The role is based in San Francisco with a hybrid work model, requiring a minimum of three days in the office per week, with the flexibility of up to four weeks of fully remote work annually.

Requirements

Juris Doctor (JD) and active bar membership in good standing of at least one U.S. jurisdiction
6+ years of experience as an attorney, including at least 3 years focused on one or more of the following: litigation or commercial disputes, creditors’ rights or collections, bankruptcy, regulatory investigations or enforcement, or incident response
Experience owning pre-litigation disputes end to end, including demand letters, early case assessment, and deciding when to bring in outside counsel
Working knowledge of the regulatory landscape applicable to fintech, such as state money transmission, UDAAP, Reg E and Reg Z, BSA/AML, and bank partnership models
Demonstrated ability to run a high-volume, high-stakes docket independently, with excellent judgment on what to resolve, what to escalate, and what to fight
Strong drafting instincts for customer-facing and regulator-facing communications, where precision and tone both matter
A calm, structured approach under pressure and a bias toward action and clear ownership
Low ego, high accountability, and comfort operating cross-functionally with Compliance, Risk, Operations, and Engineering, Product & Design

Nice To Haves

3+ years of experience as an in-house attorney at a fintech, bank, broker-dealer, or payments company
Experience responding to bank regulatory examinations or inquiries, including from the OCC or the Federal Reserve
Broker-dealer regulatory experience, such as responding to FINRA or SEC examinations and information requests, handling FINRA customer arbitrations and complaints, Rule 4530 reporting, or advising on SEC enforcement inquiries and subpoenas
Experience managing collections agencies or recovery counsel, including recovery strategy in Chapter 7 and Chapter 11 proceedings
Experience with account ownership and beneficiary dispute frameworks
Experience managing subpoena and third-party legal process response, including under RFPA, GLBA, and similar financial privacy frameworks

Responsibilities

Manage pre-litigation matters end to end, including demand letters, disputes with customers, vendors, and counterparties, and early case assessment, working with outside counsel where escalation is warranted
Lead the legal resolution of account and funds ownership disputes, including competing claims to accounts, deceased or dissolved account holders, business partner separations, and interpleader-adjacent scenarios
Oversee the legal side of collections on delinquent commercial card and lending balances, including strategy for escalated accounts, engagement and management of collections agencies and outside counsel, and ensuring collections practices comply with applicable law and our bank partner requirements
Manage bankruptcy matters involving Brex customers and counterparties, including proof of claim filings, automatic stay compliance, preference and clawback exposure, and coordinating recovery strategy in Chapter 7 and Chapter 11 proceedings
Serve as legal lead on incidents across the company, from intake through root cause, coordinating cross-functional response and ensuring privilege is appropriately established and maintained
Drive remediation programs arising from incidents, including scoping affected customer populations, structuring remediation approaches, and documenting completion
Own legal review and strategy for customer outreach connected to incidents and remediations, including notification content, timing, and channel decisions
Prepare and manage responses to regulatory inquiries, examinations, and information requests related to incidents, disputes, and remediation matters, in partnership with Compliance and our bank and broker-dealer partners
Supervise responses to subpoenas, civil investigative demands, and other third-party legal process served on Brex, including intake, objections, negotiation of scope, coordination of document collection and production, and customer notice where required
Build and improve playbooks, escalation frameworks, and reporting so the company handles recurring dispute, collections, and incident types consistently and quickly
Advise product, operations, and support teams on reducing dispute and incident risk upstream