Senior Legal Counsel

POSITION OVERVIEW:

MOHELA seeks an experienced attorney to manage a portion of its litigation portfolio.  This role will primarily entail oversight of single-plaintiff lawsuits, as well as some class action and regulatory-side work.  The successful candidate will be able to provide strategic legal counsel to business and operational stakeholders, including advising on litigation trends, emerging legal and regulatory developments, and risk mitigation strategies affecting both the student lending and consumer financial services industries.  Will oversee outside counsel, support regulatory investigations, conduct legal research and analyses, and partner cross-functionally with various business units to address legal, compliance and operational issues.  Must be able to provide practical, business-oriented guidance to help minimize litigation exposure and ensure alignment with evolving state and federal legal requirements.

Essential Duties and Responsibilities: 

• Manage a portion of MOHELA’s litigation portfolio – primarily single-plaintiff matters – including claims involving: alleged violations of the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA) and various state consumer protection and/or deceptive trade practices laws;  
• Coordinate with and supervise outside counsel on all phases of litigation, including case strategy, pleadings, discovery, motion practice, settlement negotiations, hearings and trial preparation;
• Assist with review of litigation threats, including fact development and document review, and, where appropriate, engage in resolution of matters to mitigate risk and minimize litigation spend;
• Analyze litigation and regulatory trends affecting the student loan servicing industry and advise internal clients on emerging legal risks, enforcement priorities and compliance considerations;
• Assist in developing and implementing company-wide litigation strategy, dispute resolution approaches, and risk mitigation initiatives aligned with MOHELA’s objectives;
• Support senior in-house Legal and outside counsel teams in responding to examinations, investigations and information requests from federal and state regulators and government agencies;
• Provide practical, risk-based legal advice to business stakeholders and executives regarding litigation exposure, case developments and operational impacts;
• Conduct legal research and prepare written analyses regarding federal and state laws, regulations and case law impacting the student loan servicing industry, including those affecting servicing, collections, credit reporting, consumer protection and privacy;
• Oversee subpoena responses, compiling of document preservation notices (legal holds), and other legal process matters;
• Draft, review and revise litigation-related policies, procedures and internal guidance documents;
• Monitor and report on key litigation metrics and significant case developments to senior in-house Legal colleagues and business stakeholders;
• Collaborate with cross-functional teams to improve business practices and reduce recurring litigation and complaint trends;
• Provide training and guidance to business personnel regarding the litigation process, minimizing litigation risk, legal developments, and records retention; and
• Maintain current knowledge of developments in consumer financial services law and the student loan servicing industry to support strategic decision making.

MINIMUM REQUIREMENTS:

• Doctor of Jurisprudence from a nationally accredited school of law and a current member in good standing in at least one state bar.
• Must be able to obtain admission to the MO Bar in a timely manner if not currently licensed in MO.
• At least 5 years of experience as a litigator, either with a law firm, or in an in-house legal department.
• Must be a U.S. citizen with an active 6C Public Trust Security Clearance or the ability to obtain this level of clearance.
• Ability to travel per business needs. Travel may be required, including to MOHELA’s other business locations, or to support outside counsel on location in the management of legal matters, including attendance at depositions, arbitrations and/or trial, on an as needed basis
• Experience with all phases of commercial litigation, including pleadings, discovery, depositions, motion practice, trial preparation and settlement negotiations
• Drafted and argued substantive motions, including motions to dismiss, motions for summary judgment, and discovery and evidentiary motions in both state and federal courts;
• Conducted witness interviews, prepared fact and expert witnesses for depositions and trial testimony; taken and defended depositions
• Negotiated favorable dispute resolutions through mediation, arbitration, and direct settlement discussions, with a focus on cost-effective outcomes

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• Excellent written and oral communication skills
• Excellent drafting, organization, and time-management skills
• Proficiency in Microsoft Office products such as Word, Excel, Outlook and PowerPoint among others as well as typical office computer skills
• Self-motivated team player with a high degree of professionalism and ability to work well under pressure in a volume practice

PREFERRED QUALIFICATIONS:

• Experience within the student loan industry or consumer loan servicing industry.
• Experience managing outside counsel, litigation budgets, and case reporting, ensuring alignment with company goals and efficient use of resources
• Experience working in a volume litigation practice and ability to oversee robust number of cases with minimal supervision
• Preference for candidates within one of the following: MO/PA/IN/TX/DE/NY