Job Description

****PLEASE NOTE THIS APPLICATION IS EXPRESSING INTEREST IN THIS ROLE AND NOT A FORMAL APPLICATION*****

GENERAL DESCRIPTION

This attorney position is for the Data Privacy and Security Team in the Consumer Protection Division (CPD) of the Texas Attorney General’s office and will be based in Houston, Austin, Dallas, El Paso, or San Antonio.

The position will focus on the enforcement of Texas’s privacy laws including the Texas Data Privacy and Security Act (TDPSA). This position involves working collaboratively with Division attorneys and staff, as well as regularly interfacing with division management and regulators. The OAG seeks qualified, self-motivated candidates capable of working in a highly collaborative work environment to handle cases from start to finish, including by issuing Civil Investigative Demands, reviewing documents and evidence, and filing and litigating cases to conclusion.

CPD works to protect Texas consumers and the legitimate business community by investigating fraud and deceptive advertising, filing civil lawsuits to enforce state and federal consumer protection laws, and educating Texans on how to spot and avoid possible scams. The Division has regional offices in Austin, Dallas, El Paso, Houston and San Antonio.

As the State’s law firm, the OAG provides exemplary legal representation in diverse areas of law. OAG employees enjoy excellent benefits ( along with tremendous opportunities to do important work at a large, dynamic state agency making a positive difference in the lives of Texans. Assistant Attorneys General (AAGs) experience the challenge and honor of public service while enjoying a healthy work-life balance; hands-on legal experience; and engaging camaraderie in Austin, the scenic and lively capital of Texas.

ESSENTIAL POSITION FUNCTIONS

• Conducts consumer protection investigations by obtaining evidence through witness interviews, consumer complaints, undercover operations, conducting examinations under oath, issuing civil investigative demands, and reviewing documents.
• Manages a docket of beginning and intermediate level cases.
• Litigates civil enforcement cases from start to finish, including discovery and document review, taking and defending depositions, motion practice, arguing contested matters, and trial.
• Researches and analyzes complex factual and legal matters related to specific cases or issues.
• Monitors privacy, cyber, and technology developments at the state and federal level.
• Provides legal advice, analysis, counsel, and assistance to team members and management; and prepares related memorandum of findings, legal opinions, or recommendations as appropriate.
• Works collaboratively with team members to develop and implement effective litigation and enforcement strategies.
• Represents the Office of the Attorney General before state and federal trial and appellate courts.
• Evaluates proposed and enacted federal and state statutes, rules, and court decisions to advance Texas’s interests in enforcement of data privacy and consumer protection laws.
• Participates in rulemaking, including drafting proposed comments.
• Assists in responding to Texas Public Information Act requests.
• Assists in responding to legislative inquiries, including drafting proposed legislation and amendments for legislative consideration and serving as a resource witness in matters related to consumer protection and data privacy.
• Provides training to less experienced staff.
• Maintains knowledge of legal principles and practices relevant to data privacy.
• Maintains a significant docket of data privacy investigations and litigation cases.
• Participates in community outreach activities in coordination with agency staff on issues related to data privacy, interfaces with other data privacy-oriented agencies and organizations, and engages with community leaders and law enforcement on data privacy matters.
• Performs related work as assigned
• Maintains relevant knowledge necessary to perform essential job functions
• Attends work regularly in compliance with agreed-upon work schedule
• Ensures security and confidentiality of sensitive and/or protected information
• Complies with all agency policies and procedures, including those pertaining to ethics and integrity

Qualifications

MINIMUM QUALIFICATIONS

Assistant Attorney General (AAG) I:

• Education: Graduation from an accredited law school with a Juris Doctor degree (J.D.)
• Licensed as an attorney by the State Bar of Texas
• Member in good standing with the State Bar of Texas and eligible to practice law in Texas by start date
• Knowledge of legal principles, practices, and proceedings; and of state and federal laws, regulations, and rules. 2024 law school graduates are welcome to apply.
• Skill in legal research, writing, and analysis; in conducting investigations; in mediation and negotiations; in using reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; in using judgment to identify courses of action; and in the use of a computer and applicable software. [writing samples required prior to interview, if selected]
• Skill in the use of technology, including experience utilizing computers for word processing, utilizing software programs for data analysis and case management, and utilizing electronic discovery platforms.
• Skill in handling multiple tasks, prioritizing, and meeting deadlines.
• Skill in effective oral and written communication.
• Skill in exercising sound judgment and effective decision making.
• Ability to prepare legal documents, to conduct research, to interpret and apply laws, to summarize findings, to prepare cases for trial, to conduct hearings, and to communicate effectively.
• Ability to draft complaints, pleadings, motions, discovery requests, and briefs.
• Ability to perform legal research, to interpret and apply facts to laws, and to summarize findings.
• Ability to receive and respond positively to constructive feedback.
• Ability to work independently and cooperatively with others in a professional office environment.
• Ability to provide excellent customer service.
• Ability to work in-person at assigned OAG work location, perform all assigned tasks at designated OAG workspace within OAG work location, and perform in-person work with coworkers (e.g., collaborating, training, mentoring) for the entirety of every work week (unless on approved leave).
• Ability to arrange for personal transportation for business-related travel.
• Ability to work more than 40 hours as needed and in compliance with the FLSA.
• Ability to lift and relocate 30 lbs.
• Ability to travel (including overnight travel) up to 15%

Assistant Attorney General (AAG) II - All the above qualifications for an Assistant Attorney General I, PLUS:

• Experience: One year of full-time experience working as a licensed attorney in the following (or closely related) fields: data privacy; privacy compliance; technology; consumer protection; commercial litigation.
• Experience: A demonstrated interest in the following (or closely related) fields: data privacy; privacy compliance; technology; consumer protection; commercial litigation.

PREFERRED QUALIFICATIONS

• Knowledge: Demonstrated knowledge of legal principles and practices relevant to data privacy, including the Texas Data Privacy and Security Act, Texas Identity Theft Enforcement and Protection Act (or similar state laws), the Health Insurance Portability and Accountability Act (HIPAA), the HITECH Act, the Gramm-Leach-Bliley Act (Safeguards Rule), the Children’s Online Privacy Protection Act (COPPA), Federal Trade Commission Section 5 Privacy Enforcement, and the Texas Deceptive Trade Practices Act and other relevant consumer protection statutes.
• Skills: Legal research, writing, and analysis; experience with document review platforms
• Ability to present cases at trial.
• Abilities: To work collaboratively and to work within a larger organization.
• Certifications: Privacy-focused certifications such as Certified Information Privacy Professional (CIPP-US); Certified Information Privacy Manager (CIPM); Certified Information Privacy Technologist (CIPT); Certified Data Privacy Professional (CDPP).

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