The Senior Appellate Counsel works under the Vice President, Litigation to execute the Enforcement Department’s national appellate program.
Essential Job Functions:
Represent Enforcement in appeals before the National Adjudicatory Council by briefing or arguing appeals. Coach other Enforcement attorneys briefing and arguing appeals.
Independently conducts research and prepares appellate briefs that require minimal editing; reviews and edits appellate briefs drafted by other Enforcement attorneys.
Collaborate with the Vice President, Litigation, Chief Counsels, Senior Directors, Directors and attorneys across the department to discuss assignments and ensure the efficient, timely and effective execution of all appeals.
Coach and advise attorneys across Enforcement on the appellate process and forum, brief writing and oral advocacy; conduct moots to ensure attorneys are fully prepared for oral argument.
Review all hearing panel decisions and, after consulting with the trial team and Chief Counsels and Directors, advise the Vice President, Litigation and department executive management about whether or not Enforcement should appeal the decision.
Recommend and develop policies and procedures regarding appeals.
Determine the need to revise the department’s litigation practices as a result of important appellate decisions. Direct and train litigation attorneys on the revised litigation practices.
Recommend and develop, in conjunction with the Vice President, Litigation, training on briefing and arguing appeals and creating a strong hearing record in anticipation of appeal.
Communicate important, novel or noteworthy findings or sanctions in NAC decisions to Enforcement executive management and department-wide staff.
Provide up-to-date information to Vice President, Litigation on appellate docket.
Track and monitor the progress of all appeals to ensure deadlines are met so as not to jeopardize Enforcement’s appeals.
Education/Experience Requirements:
A law degree and appropriately licensed to practice law in all applicable jurisdictions based on the relevant licensing requirements.
A minimum of 10 years of experience with demonstrated ability to handle all phases of appeals.
Superior knowledge of trial techniques, federal securities laws, Federal Rules of Evidence, and Federal Rules of Civil Procedure.
Excellent research, writing, analytical, organizational and time management skills.
Excellent interpersonal, written and oral communications skills.
Working Conditions:
Work outside of business hours and some overnight travel will be required.
For work that is performed in CA, CO, HI, MN, VT, IL, Jersey City, NJ, NY, NY, MD, Washington DC, and WA the chart below outlines the proposed salary range for the corresponding location. In addition to location, actual compensation is based on various factors, including but not limited to, the candidate’s skill set, level of experience, education, and internal peer compensation comparisons.
CA: Minimum Salary $146,200, Maximum Salary $296,100
CO/HI/MN/VT*: Minimum Salary $127,300, Maximum Salary $246,600
IL*: Minimum Salary $139,800, Maximum Salary $271,400
Jersey City, NJ/NY, NY: Minimum Salary $152,700, Maximum Salary $296,100
MD/Washington, DC: Minimum Salary $146,200, Maximum Salary $283,800
WA: Minimum Salary $127,300, Maximum Salary $283,800
*Including positions performed outside the state but reporting to an office or manager in that state.
Candidates can expect salary offers that range from the minimum to the mid-point of the salary range. FINRA provides full pay ranges so that the candidate can consider their growth potential while at FINRA.
#LI-Hybrid
To be considered for this position, please submit an application. Applications are accepted on an ongoing basis.
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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Employees may be eligible for a discretionary bonus in addition to base pay. Non-exempt employees are also eligible for overtime pay in accordance with federal, state, or local law. As part of its dedication to employee wellness, FINRA provides comprehensive health, dental and vision insurance. Additional insurance includes basic life, accidental death and dismemberment, supplemental life, spouse/domestic partner and dependent life, and spouse/domestic partner and dependent accidental death and dismemberment, short- and long-term disability, long-term care, business travel accident, disability and legal. FINRA offers immediate participation and vesting in a 401(k) plan with company match and eligibility for participation in an additional FINRA-funded retirement contribution, tuition reimbursement, commuter benefits, and other benefits that support employee wellness, such as adoption assistance, backup family care, surrogacy benefits, employee assistance, and wellness programs.
Time Off and Paid Leave*
FINRA encourages its employees to focus on their health and wellness in many ways, including through a generous time-off program of 15 days of paid time off, 5 personal days and 9 sick days, unless otherwise required by law (all pro-rated in the first year). Additionally, we are proud to support our communities by providing two volunteer service days (based on full-time schedule). Other paid leave includes military leave, jury duty leave, bereavement leave, voting and election official leave for federal, state or local primary and general elections, care of a family member leave (available after 90 days of employment); and childbirth and parental leave (available after 90 days of employment). Full-time employees receive nine paid holidays.
*Based on full-time schedule
Important Information
FINRA’s Code of Conduct imposes restrictions on employees’ 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 Code’s investment and securities account restrictions, and new employees must comply with those investment restrictions—including disposing of any security issued by a company on FINRA’s Prohibited Company List or obtaining a written waiver from their Executive Vice President—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.
As standard practice, employees must also execute FINRA’s Employee Confidentiality and Invention Assignment Agreement without qualification or modification and comply with the company’s policy on nepotism.
Search Firm Representatives
Please be advised that FINRA is not seeking assistance or accepting unsolicited resumes from search firms for this employment opportunity. Regardless of past practice, a valid written agreement and task order must be in place before any resumes are submitted to FINRA. All resumes submitted by search firms to any employee at FINRA without a valid written agreement and task order in place will be deemed the sole property of FINRA and no fee will be paid in the event that person is hired by FINRA.
FINRA is an Equal Opportunity and Affirmative Action Employer
All qualified applicants will receive consideration for employment without regard to age, citizenship status, color, disability, marital status, national origin, race, religion, sex, sexual orientation, gender identity, veteran status or any other classification protected by federal state or local laws as appropriate, or upon the protected status of the person’s relatives, friends or associates.
FINRA abides by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
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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