Associate General Counsel - 90291021 - Washington

Date: May 4, 2021

Location: Washington, DC, US, 20002

Company: Amtrak

Your success is a train ride away.

Amtrak connects businesses and communities across the country and we move America’s workforce toward the future. 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 the result of our employees.

Are you ready to join our team?

SUMMARY OF DUTIES: 
This position is responsible for advising Amtrak leadership regarding the corporation‘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. 

 

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 FRA, OSHA, 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  groups 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 may include assistance in the identification of witnesses and in witness preparation, the development of evidence for use at 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 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 Corporation 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, 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, relative 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 corporation 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.
• Cooperates in the conducting of internal investigations and providing 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: 

• 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.
• Minimum 8 years of relevant work experienceincluding experience in law firm or in-house experience in regulatory law, tort, personal injury, personal and rolling stock property damage, or 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.
 

PREFREED QUALIFICATIONS: 

• Prior in-house experience working with operations, safety and claims environmental and other compliance function professionals and 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.


COMMUNICATION AND INTERPERSONAL SKILLS:
Must have excellent oral and written communication skills.

Requisition ID:56521
Posting Location(s):District of Columbia
Job Family/Function:Legal 
Relocation Offered:No 
Travel Requirements:Up to 25% 

Amtrak employees power our progress through their performance.

We want your work at Amtrak to be more than a job – we want it to be a fulfilling experience where you find challenging and rewarding opportunities, respect among colleagues, competitive pay, benefits that protect you and your family, and a high performance culture that recognizes and values your contributions and helps you reach your career goals.

We proudly support and encourage U.S. Veterans to apply for Amtrak job opportunities.

All positions require pre-employment background verification, medical review and pre-employment drug screen. Amtrak is committed to a safe and drug-free workplace and performs pre-employment substance abuse testing.   All new hires are required to undergo a hair drug test which detects the presence of illegal drugs for months prior to testing.  Marijuana, notwithstanding any statute, ordinance, regulation, or other law that legalizes or decriminalizes the use or possession of marijuana, whether for medical, recreational, or other use.  Candidates who engage in the usage of marijuana will not be qualified for hire.  We appreciate your cooperation in keeping Amtrak safe and drug-free.  

In accordance with DOT regulations (49 CFR section 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, he/she will not permitted to perform safety-sensitive functions.

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 Affirmative Action/Equal Opportunity Employer and we welcome all to apply. We consider candidates regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, disability (including blindness), or veteran status.
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