Rockville, MD, United States
Jul 31, 2020
The Enforcement Chief Counsel leads teams of Enforcement directors and the attorneys who report to them, to manage Enforcement cases through all stages from inception to completion. The Chief Counsel is a senior legal advisor to Enforcement and is responsible for achieving consistent and foreseeable Enforcement outcomes, including by identifying interpretive issues and collaborating with other senior managers across FINRA to develop an effective regulatory response. The Chief Counsel is responsible for achieving active and effective collaboration between Enforcement attorneys and FINRA investigative staff within and outside of Enforcement. The Chief Counsel is also responsible for actively managing staff performance and development, including ensuring that staffing assignments leverage attorney skills appropriately.
Essential skills include the ability to communicate effectively across a widely-dispersed department, to successfully collaborate with senior management in Enforcement and other departments, to manage personnel (including team members in remote locations) effectively, and to oversee the efficient execution of enforcement matters.
Essential Job Functions:
Enforcement Chief Counsels are responsible for managing Enforcement outcomes and implementing priorities for the Enforcement department, ensuring maximum productivity and effectiveness with a large and complex caseload. The Chief Counsel manages a team of attorneys and directors, who may be located in different offices, with a widely diverse docket of cases covering a number of subject matter areas. The Chief Counsel and his or her team are required to closely collaborate with investigative staff, both within Enforcement’s investigations unit and within the Member Regulation and Market Regulation departments, to develop an accurate and complete factual record. The Chief Counsel is responsible for identifying interpretive questions and potential policy issues that arise during the course of an Enforcement matter, and providing guidance to teams regarding FINRA’s position and response on such issues. To do so, the Chief Counsel works closely with Enforcement management and other FINRA departments to identify, escalate and strategically manage matters that involve novel or unique questions, to achieve a consistent response on behalf of FINRA. Chief Counsels across the entire department work closely with senior management to facilitate an ongoing dialogue about Enforcement decision-making, to achieve timely and foreseeable Enforcement outcomes in accordance with the department’s priorities and principles. In addition, Chief Counsels are responsible for leveraging attorneys’ skills and expertise appropriately through case assignments, and achieving an efficient staffing model that maximizes each attorney’s contribution.
Specific responsibilities include:
Overseeing all investigative plans, reviewing and commenting upon complaints, proposed pleadings and respondent responses; reviewing and approving proposed disciplinary actions, settlements, default motions and, where appropriate, other matters from district offices.
Ensuring timely and quality investigations and legal actions for all matters.
Managing the workload and productivity associated with multiple case teams within the Center. Review incoming items identified by staff to consider whether to recommend opening for investigations.
Determining the skill requirements for assignment of cases based on the nature of a matter and assigning staff accordingly.
Acting as the direct liaison with referral sources such as Member Regulation, Office of Fraud Detection and Market Intelligence, Market Regulation, Advertising, Corporate Finance, Dispute Resolution, the SEC and other referral sources.
In addition, acting as the primary liaison to the Office of Disciplinary Affairs regarding review and approval of settlements and formal complaints within the scope of the Enforcement Centers.
Advising senior management regarding the full range of investigative and legal issues impacting the Enforcement program.
Taking a leadership role in resolving complex, difficult or large matters involving important, sensitive, or novel issues including evaluating the legal theories in support of charges primarily regarding “cutting edge” cases where there is a lack of precedent.
Escalating disputes regarding the execution of a matter within or among Enforcement Centers or other FINRA business units for timely resolution so as not to impact the execution of the matter.
Serving as a key source of legal expertise within FINRA on enforcement-related matters.
Conducting and participating in special projects and press contacts as required.
Participating in managing the Department by conducting attorney meetings, participating in staff meetings, overseeing legal contribution to the Department’s training program.
Evaluating all Enforcement Center staff regarding performance for merit and incentive compensation.
Attending and speaking at outside regulatory and industry conferences and FINRA meetings.