Job Description

Litigation Counsel

General Summary

We are seeking a focused and determined attorney to join Benderson Development as Litigation Counsel. The ideal candidate will have a proven track record in handling premises liability claims, lawsuits, contract disputes, and other commercial issues. The successful candidate must be tenacious, diligent, and capable of working independently on multiple matters, with a strong business orientation and a proactive, resourceful approach to problem-solving.

As Litigation Counsel, you will oversee pre-suit claim investigations and manage litigation from inception to conclusion. This includes gathering evidence, directly managing internal claim adjusters and outside counsel, and working with the Risk Manager on our contractual risk management program. You will also respond to inquiries regarding insurance and indemnification provisions and provide advice on third-party vendor contracts.

Principle Duties and Responsibilities

Claims Management:

• Managing and mentoring a team of in-house claims adjusters who investigate various bodily injury and property damage pre-litigation claims under the company’s self-insured retention.
• Evaluating all claims and lawsuits for risk transfer opportunities, authoring tender demand letters when appropriate.
• Overseeing and managing litigation docket consisting of claims involving general premises liability, automobile accidents, construction site accidents.
• Maintaining relationships with outside counsel in multiple jurisdictions, including actively directing and monitoring lawsuit strategy.
• Reviewing and revising draft pleadings, discovery responses, motions and arbitration/mediation submissions.
• In collaboration with outside counsel, preparing fact witnesses and corporate representatives for depositions.
• Presenting factual and legal analysis of a claim or lawsuit to senior management in order to obtain settlement authority.
• Strategizing and maximizing early settlement opportunities.
• Attending mediations and/or settlement conferences.
• Continually assessing exposures and adequacy of claim reserves and escalating high exposure and/or volatile claims to management.
• Communicating directly on a daily basis with relevant company employees and with senior management.
• Maintaining timely and accurate file documentation/information in our claims/litigation management system.
• Managing our Medicare reporting obligations.

Risk Management:

• Work with Risk Manager on tenant and third-party vendor insurance and indemnity program requirements, and enhancing risk management, including risk assessment and mitigation.
• Counsel other departments within the company regarding litigation exposure and risk and develop strategies for litigation prevention. Conduct training of property and other profit center managers relative to claim response, prevention and other claims-related topics.

Legal Compliance:

• Oversee and manage litigation and claims expenses. Keep up-to-date on relevant business industry, insurance and indemnity related laws and regulations to identify change and incorporate into policies, procedures, and transactions.
• Exercise primary responsibility for the implementation of legal holds, document preservation and e-discovery initiatives as necessary.
• Conduct legal research and prepare legal opinions as needed. Respond to subpoenas and other requests for documents.
• Perform additional tasks as requested by Senior Management as the needs of the organization arise, including contract review, negotiation and drafting and other legal tasks.

Job Requirements:

• JD from an ABA-accredited law school
• Bar admission in good standing
• 6 + years professional experience in the areas of general liability/bodily injury law defense work at a top-rated law firm or other in-house position.
• Detailed knowledge of contractual indemnification.
• General knowledge of insurance coverage law.
• Excellent analytical skills.
• Excellent verbal and written communication skills.
• Strong ability to establish rapport and build relationships with co-workers, tenants, third-party vendors and defense counsel.
• Knowledge of New York Labor Law, including Section 240, etc. a plus.
• Some travel required.

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