Associate General Counsel - 90291021 - Washington

Your success is a train ride away!

As we move America’s workforce toward the future, Amtrak connects businesses and communities across the country. We employ more than 20,000 diverse, energetic professionals in a variety of career fields throughout the United States. The safety of our passengers, our employees, the public and our operating environment is our priority, and the success of our railroad is due to our employees.

Are you ready to join our team?

Our values of ‘Do the Right Thing, Excel Together and Put Customers First’ are at the heart of what matters most to us, and our Core Capabilities, ‘Building Trust, Accountability, Effective Communication, Customer Focus, and Proactive Safety & Security’ are what every employee needs to know and do to be most impactful at Amtrak. By living the Amtrak values, focusing on our capabilities, and actively embracing and fostering diverse ideas, backgrounds, and perspectives, together we will honor our past and make Amtrak a company of the future.

SUMMARY OF DUTIES:

This position is responsible for advising Amtrak leadership regarding Amtrak’s legal rights and obligations on a variety of issues, including: claims and litigation management involving personal injury, death, and property loss; accident investigations; crisis response to critical incidents including catastrophic injuries, derailments and high exposure accidents; evidence preservation; health and safety; indemnity, insurance and risk management; compliance with federal regulations;  legislative and rulemaking proposals; and other matters.  The position supports the Claims Department and assists in supervising outside defense counsel contracted by Amtrak to litigate personal injury and property loss matters.  

This is a hybrid role based in Washington, DC.

The position is also responsible as needed for ensuring the effective delivery of corporate safety and regulatory legal advice and representation, with a focus on regulatory agency investigations, inquiries and requests for information (including by the Federal Railroad Administration (FRA), Occupational Safety and Health Administration (OSHA), National Transportation Safety Board (NTSB) and others), and advocacy in regulation development and industry compliance. This position requires either an understanding of and experience with or willingness to learn FRA, OSHA, environmental, public health and other applicable industry regulations, as well as Amtrak’s operating rules, safety policies and programs.

ESSENTIAL FUNCTIONS:

• Advises senior management and Claims, Safety, Human Resources, Operations, and other  departments and functions on the policies and practices relating to the Federal Employers’ Liability Act (FELA), the Federal Railroad Safety Act (FRSA), the Occupational Safety and Health Act (OSHA), and related federal laws and regulations regarding railroad employee safety and compensation for employee injuries, and tort law as it applies to accidents involving passengers, contractors, pedestrians and motorists at railroad crossings, trespassers and other third parties and other accidents involving personal injuries and property loss to third parties and Amtrak. 
• Assists in supervising and supports the efforts of outside counsel retained to represent Amtrak in civil trials, administrative proceedings, and other adversary proceedings or for advice, in order to ensure that such representation is effective and cost-efficient. This includes legal strategy development, assisting in case development including identifying witnesses, witness preparation, developing evidence for trial, and the review, analysis, and if appropriate, editing of legal filings, including significant motions and briefs. 
• Participates in engagement and evaluation of outside counsel and in claim and case reviews with outside counsel; reviews and approves outside counsel and vendor invoices, operates within budget and maintains cost controls to ensure effective utilization of Amtrak financial resources. 
• Works in close partnership with Claims professionals to evaluate claims and matters in litigation, to ensure that matters are adequately reserved, and to formulate appropriate strategies for the negotiation and defense of both litigated and non-litigated claims. 
• Assesses statutory and regulatory provisions and provides guidance concerning safety and compliance issues to the divisions and departments of the enterprise. 
• Becomes familiar with Amtrak operations, operating rules and safety policies and programs. 
• As needed, represents the Company in matters which involve or could involve proceedings before federal and state courts, administrative agencies, and arbitration tribunals, which representation requires the clear, organized, and persuasive articulation, both in legal documents and in oral proceedings, of Amtrak positions and arguments of supportive factual materials, without substantive or procedural errors, and within deadlines, in order to cause Amtrak interests to prevail. 
• Advises and prepares summaries, memoranda, reports, and other written materials for the Executive Vice President, Chief Legal Officer, General Counsel & Corporate Secretary, Managing Deputy General Counsel, Deputy General Counsel,  and other Law Department representatives, including Claims group, staff, and executives in other departments, with respect to legal considerations inherent in a variety of business, regulatory, commercial, and internal matters concerning regulatory compliance, claims, tort litigation, liability, risk management, indemnity, evidence preservation, safety, operations, and other legal issues, in order to ensure that the Company makes business decisions with full knowledge of applicable legal considerations. 
• Attends meetings and develops and conducts training seminars and other information dispersal systems for management and agreement employees, on such topics as FRA, OSHA, FRSA, and other regulatory law, FELA, personal injury and tort law, compliance with federal statutes and regulations and internal rules, procedures, and practices, preservation of evidence, and other legal issues. 
• Advises and may participate in internal investigations; provides advice on ethics compliance within a corporate environment. 
• Directly communicates with and responds to government regulators during inquiries and investigations, provides guidance to clients, and identifies options for achieving client objectives within applicable legal restraints toward resolutions to investigations and other regulatory agency disputes. Keeps abreast of regulatory and legal developments governing Amtrak operations, to include rulemaking by OSHA, FRA, and other federal and state agencies

MINIMUM QUALIFICATIONS:

The successful candidate for this position must have: 

• Juris Doctor from accredited law school with license to practice as an attorney under the laws of any state and the qualifications to waive into the D.C. Bar. 
• In-house experience in regulatory law, tort, personal injury, personal and rolling stock property damage, and general law in the railroad or transportation industry. 
• Excellent communication and negotiation skills; flexibility ability to handle quick turnarounds and work effectively with diverse in-house clients. Superior writing and analytical skills required, and an ability quickly to learn the fundamentals of different areas of the law. 
• Superior written and verbal communication and interpersonal skills. 
• Advanced analytical and problem-solving skills.  
• Must be a flexible and strategic thinker in a fast-paced environment. 
• Must possess excellent organizational skills and be able to handle multiple tasks and prioritize projects while managing competing priorities. 
• Demonstrated expertise in regulatory and safety matters, developing strategies for successful claims and litigation handling and disposition, and cost containment through vendor management within discipline. 
• Ability to compose, edit and prepare correspondence, research, legal writing. 
• Must be comfortable presenting information and analysis in a group setting. 
• Ability to present facts, issues, analysis, conclusions, and recommendations or solutions that demonstrate command of content. 
• Organize and prioritize files and calendar and track litigation. 
• Ability to handle confidential and non-routine information. 
• Demonstrated ability to lead and/or participate in a team of safety and claims professionals who collaborate, set and achieve goals and report on progress through measurable metrics.  
• Demonstrated ability to deliver advice in the context of business objectives and with a commercial mindset, to identify and appreciate the significance of legal issues, to recognize legal and reputational risk, and to develop cost effective legal and business resolutions. 
• Demonstrated professional maturity, judgment and discretion. 
• Computer literacy: Ability to conduct electronic legal research (LEXIS), and work with Windows Platform, Windows Office tools and programs, and matter and document management programs. 

PREFERRED QUALIFICATIONS:

• 11-14 years of relevant experience preferred
• Prior in-house experience working with operations, safety and claims, environmental and other compliance function professionals; managing outside counsel regarding tort/personal injury claims and litigation; and developing and executing strategies involving complex and high value liability claims. 
• Demonstrated experience with complex claims litigation experience including FELA, passenger and crossing claims. 
• In depth knowledge of federal and state laws and regulations applicable within discipline. 
• In depth knowledge of claims handling/litigation management procedures, claims litigation strategies. 

WORK ENVIRONMENT:

Physical Demands: 

• Extensive or frequent use of computer keyboard and monitor to perform a variety of tasks (e.g., create and review documents, analyze information, e-mail, spreadsheets, etc.)
• Extensive or frequent use of computer keyboard and monitor to perform a variety of tasks (e.g., create and review documents, analyze information, e-mail, spreadsheets, etc.)
• Frequently performs tasks that require sitting for extended periods of time. 
• Occasionally performs tasks that require standing and/or walking for extended periods of time. 
• Field work and nationwide travel, including travel to Amtrak regional offices nationwide, accident sites as necessary and attending regulatory agency investigations, meetings and hearings, as well as litigation-related mediations, settlement conferences, trials and court appearances as necessary. 

Mental Demands: 

• Communicates, comprehends and responds to verbal statements and instructions, both orally and in writing. 
• Flexibility in developing strategies in meeting changing/developing scenarios. 
• Frequently learns new knowledge, skills and tasks, both complex and simple, in order to maintain effectiveness in position. 
   

Working Conditions: 

• Works in a fast-paced environment involving interpersonal interactions with time-sensitive deadlines and frequently changing priorities. 
• Travel as described above. 

COMMUNICATIONS AND INTERPERSONAL SKILLS:

Must have excellent oral and written communication skills.

The salary/hourly range is $163,000-$211,140. Pay is based on several factors including but not limited to education, work experience, certifications, etc. Depending on an employee’s assigned worksite or location, Amtrak may consider a geo-pay differential to be applied to the employee’s base salary. Amtrak may offer additional incentive and pay programs to recognize and reward our employees, including a short-term incentive bonus based upon factors such as individual and company performance that is commensurate with the level of the position and/or long-term incentive plan compensation. In addition to your salary, Amtrak offers a comprehensive benefit package that includes health, dental, and vision plans; health savings accounts; wellness programs; flexible spending accounts; 401K retirement plan with employer match; life insurance; short and long term disability insurance; paid time off; back-up care; adoption assistance; surrogacy assistance; reimbursement of education expenses; Public Service Loan Forgiveness eligibility; Railroad Retirement sickness and retirement benefits; and rail pass privileges. Learn more about our benefits offerings here.

Requisition ID:161404
Posting Location(s):District of Columbia
Job Family/Function:Legal 
Relocation Offered:No 
Travel Requirements:Up to 50% 
 

You power our progress through your performance.
 

We want your work at Amtrak to be more than a job. We want your career at Amtrak to be a fulfilling experience where you find challenging work, rewarding opportunities, respect among colleagues, and attractive compensation. Amtrak maintains a culture that values high performance and recognizes individual employee contributions. 

Amtrak is committed to a safe workplace free of drugs and alcohol. All Amtrak positions requires a pre-employment background check that includes prior employment verification, a criminal history check and a pre-employment drug screen. 

Candidates who test positive for marijuana will be disqualified, regardless of any state or local statute, ordinance, regulation, or other law that legalizes or decriminalizes the use or possession of marijuana, whether for medical, recreational, or other use. Amtrak's pre-employment drug testing program is administered in accordance with DOT regulations and applicable law.  

In accordance with DOT regulations (49 CFR § 40.25), Amtrak is required to obtain prior drug and alcohol testing records for applicants/employees intending to perform safety-sensitive duties for covered Department of Transportation positions. If an applicant/employee refuses to provide written consent for Amtrak to obtain these records, the individual will not be permitted to perform safety-sensitive functions.

In accordance with federal law governing security checks of covered individuals for providers of public transportation (Title 6 U.S.C. §1143), Amtrak is required to screen applicants for any permanent or interim disqualifying criminal offenses. 

Note that any education requirement listed above may be deemed satisfied if you have an equivalent combination of education, training and experience.

Amtrak is an EOE/Affirmative Action Minority/Female employer, and we welcome all to apply. We consider candidates regardless of race/color, religion, sex (including pregnancy, childbirth and related conditions), national origin/ethnicity, age, disability (intellectual, mental and physical), veteran status, marital status, ancestry, sexual orientation, gender identity and gender expression, genetic information, citizenship or any other personal characteristics protected by law.