Counsel, Market Regulation Enforcement
- Rockville, MD
The Enforcement Counsel resolves non-complex Enforcement matters, and contributes meaningful high quality work for large complex matters.
Essential Job Functions:
- Resolve non-complex Enforcement matters based on rigorous assessment and effective advocacy
- Execute an effective risk-based legal strategy to assess the record fairly;
- Recommend a fair and effective outcome, accurately assessing the evidence and applying a well-reasoned legal framework to the case;
- Identify potential risks, defenses, individual liability and Principal Considerations;
- Effectively negotiate settlements, demonstrating knowledge of the record, and familiarity with the law and potential defenses;
- Contribute meaningfully to settlement negotiations and discussions with respondents, demonstrating knowledge of the record and familiarity with the law and potential defenses
- Contribute meaningfully to internal discussions regarding legal strategy, demonstrating an understanding of the factual record and legal framework;
- Assist in litigation preparation and contribute meaningfully to litigation, including by conducting non-complex witness examinations in non-complex litigation
- Draft clear and organized analysis, and effective advocacy documents;
- Plan for and conduct OTRs of witnesses, demonstrating ability to develop an effective transcript through active listening, follow-up, and knowledge of the record
- Achieve Enforcement outcomes that are foreseeable and transparent in non-complex matters.
- Identify and assess relevant Principal Considerations;
- Recommend charges and sanctions consistent with FINRAâ€™s priorities and principles;
- Draft and finalize settlement documents that clearly describe the facts, the basis for FINRA charges, and the Principal Considerations that support the sanction
- Research and identify the legal requirements for charges;
- Identify and escalate issues where rules and guidance are ambiguous or silent;
- Contribute to discussions with other departments regarding interpretive or policy issues;
- Explain legal reasoning regarding non-complex matters or issues in meetings with respondents or other stakeholders;
- Resolve non-complex Enforcement matters timely.
- Actively monitor and advise in investigations to ensure they are focused and targeted, and identify necessary inquiries in real time;
- Prepare cases for litigation to facilitate prompt filing, efficient document production, and a timely hearing
- Manage time effectively to independently meet deadlines and provide work product in a timely manner;
- Demonstrate effective oral advocacy during negotiations and discussions, facilitating efficient progress of a matter
- Prioritize matters based on risk;
- Establish timelines and manage teamwork and tasks to achieve them;
- Produce timely and complete written work product
- Identify and escalate matters or issues that require re-prioritization;
- Avoid unnecessary research or investigative steps
- Successfully collaborate with investigative staff to produce a sound factual record in non-complex matters.
- Partner with investigative staff to plan investigation and fully develop the record;
- Provide relevant and accurate legal advice to investigative and legal staff ;
- Work effectively with investigative staff to ensure that written descriptions are supported by the record, accurate and clear;
- Identify and escalate gaps in the investigative record;
- Objectively review and clearly summarize sufficiency of evidence to establish a charge
- Demonstrate ability to resolve non-complex matters with supervision, and provide high quality work in team-based matters
- Keep managers informed and incorporate feedback into planning and execution;
- Complete assignments in an efficient manner; leverage existing relevant precedents, such as work product in similar cases, where possible;
- Effectively communicate with other team members about non-complex factual and legal issues for analysis;
- Assist in litigation preparation by preparing exhibits, drafting witness outlines, and participating in strategy discussions
- Conduct non-complex witness examinations in litigation
- Law degree and admission to the bar.
- A minimum ofÂ four years relevant legal experience in a regulatory or legal environment.
- Excellent oral and written communication and litigation skills.
- Excellent interpersonal skills.
- Work outside of business hours and overnight travel may be required.
To be considered for this position, please submit an application.
The information provided above has been designed to indicate the general nature and level of work of the position. It is not a comprehensive inventory of all duties, responsibilities and qualifications required.
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In addition to a competitive salary, comprehensive health and welfare benefits, and incentive compensation, FINRA offers immediate participation and vesting in a 401(k) plan with company match. You will also be eligible for participation in an additional FINRA-funded retirement contribution, our tuition reimbursement program and many other benefits. If you would like to contribute to our important mission and work collegially in a professional organization that values intelligence, integrity and initiative, consider a career with FINRA.
FINRAâ€™s Code of Conduct imposes restrictions on employeesâ€™ investments and requires financial disclosures that are uniquely related to our role as a securities regulator. FINRA employees are required to disclose to FINRA all brokerage accounts that they maintain, and those in which they control trading or have a financial interest (including any trust account of which they are a trustee or beneficiary and all accounts of a spouse, domestic partner or minor child who lives with the employee) and to authorize their broker-dealers to provide FINRA with duplicate statements for all of those accounts. All of those accounts are subject to the Codeâ€™s investment and securities account restrictions, and new employees must comply with those investment restrictionsâ€"including disposing of any security issued by a company on FINRAâ€™s Prohibited Company List or obtaining a written waiver from their Executive Vice Presidentâ€"by the date they begin employment with FINRA. Employees may only maintain securities accounts that must be disclosed to FINRA at one or more securities firms that provide an electronic feed (e-feed) of data to FINRA, and must move securities accounts from other securities firms to a firm that provides an e-feed within three months of beginning employment.
You can read more about these restrictions here.
As standard practice, employees must also execute FINRAâ€™s Employee Confidentiality and Invention Assignment Agreement without qualification or modification and comply with the companyâ€™s policy on nepotism.
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FINRA abides by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.
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