Senior Counsel, Real Estate Development & Planning

JOB TITLE:

Senior Counsel, Real Estate Development & Planning

DEPT/DIV:

Legal

SUPERVISOR:                    

Deputy General Counsel in Real Estate Transactions and Operations

WORK LOCATION:

2 Broadway, New York, NY 10004

HOURS OF WORK:

9:00 am - 5:30 pm (7.5 hours/day, or as required)

FULL/PART-TIME

FULL

SALARY RANGE:

$160,138 - $186,770

DEADLINE:

Until filled

This position is eligible for telework, which is currently one day per week. New hires are eligible to apply 30 days after their effective date of hire.

Opening:

The Metropolitan Transportation Authority is North America's largest transportation network, serving a population of 15.3 million people across a 5,000-square-mile travel area surrounding New York City, Long Island, southeastern New York State, and Connecticut. The MTA network comprises the nation’s largest bus fleet and more subway and commuter rail cars than all other U.S. transit systems combined. MTA strives to provide a safe and reliable commute, excellent customer service, and rewarding opportunities.

Job Summary:

The Senior Counsel, Transactions position reports to a Deputy General Counsel or Assistant Deputy General Counsel in a Transactions Division in the consolidated MTA Legal Department. The current Transactions Divisions are the: 1) Condemnation Division, 2) Environmental Division, 3) Finance Division, 4) Procurement and Contracts Division, 5) Real Estate Development Division, 6) Real Estate Transactions and Operations Division, and 7) Special Projects Division.

Depending on the needs of the Legal Department and the Division, the duties of the Senior Counsel include representing the MTA and its operating agencies in transactions (contracts, agreements, and associated documentation), client counseling, compliance, negotiations, dispute resolution, risk management, and (for Environmental & Condemnation Divisions) litigation matters which are of increasing complexity and involve increasing levels of responsibility and independence.  The duties of the Senior Counsel also include providing legal counsel on statutory, regulatory, agency policy, and other matters that pertain to or impact the operations and functions of the MTA and its affiliates and subsidiaries.

Senior Counsel – Levels I, II, and III

There are three levels of Senior Counsel positions within the Legal Department, each with progressively greater responsibilities. Depending on the level, responsibilities include:

• Level I:
  • Provide superior legal representation and counsel to the MTA on complex assigned Matters with light supervision from the Deputy General Counsel or direct supervisor.
  • Provide representation in Matters that include the following: legal support for transactions, compliance, and other business activities, reviewing and drafting contracts and agreements, use of eminent domain power, environmental compliance matters, client counseling, due diligence and compliance, deal structuring, contract and agreement drafting and review, negotiations, dispute resolution, preparation of authorizing documentation, advocacy, and risk management. 
  • Handle fast-paced, moderately complex to complex negotiations and/or with multiple counterparties with skill and develop creative strategies to resolve barriers to deal closing while not sacrificing legal and business objectives.
  • Review highly complex, high-value, or special risk transactional and compliance matters with a nuanced understanding and ability to foresee, troubleshoot, and escalate unintended impact on legal and business rights and obligations, and provide alternatives for mitigation. 
  • Draft moderately complex to complex contracts and deals with moderate to complex compliance matters in an organized and thorough fashion, with high legal technical drafting skills that effectively mitigate risks.
  • Conduct thorough reviews of complex documents, including business and financial documents, and provide strategic advice to the client based on findings, including support for proper editing to reflect actual or intended legal and business interests.
  • Handle dispute resolution discussions of moderate to high complexity while effectively spotting and navigating ethical issues.
  • Present legal advice to upper management in a cogent and concise manner.
  • At times, supervise the work of other attorneys on Matters requiring multiple lawyers or on Matters assigned to less experienced attorneys.
  • Serve as primary liaison on Matters assigned to outside counsel, including reviewing draft written materials.
  • Provide in-house legal counsel on non-litigation Matters regarding complex and sophisticated issues.
  • Conduct legal review of external and internal client communication.
  • Present legal advice to upper management in a cogent and concise manner.
  • Prepare comments on proposed legislation and regulations.

In addition to meeting Level I expectations, a Level II Senior Counsel, Transactions assignment requires the demonstrated ability to perform most or all of the following:

• Level II:
  • Provide superior legal representation and counsel to the MTA on highly complex assigned Matters with minimal supervision from the Deputy General Counsel or direct supervisor, including Matters of high sensitivity or high financial or policy exposure.
  • Handle fast-paced and complex negotiations practically and responsibly.
  • Review highly complex contracts and agreements that include multifaceted components or multiple parties and/or are part of a larger deal in a cohesive manner.
  • Draft highly complex contracts and agreements that involve novel operational and legal issues and/or include multifaceted components and multiple parties.
  • Lead due diligence reviews for complex transactions, and develop productive approaches to deal with challenges.
  • Handle complex disputes involving multiple parties and/or major components with demonstrated skill in controlling the temperature and trajectory of discussions
  • Frequently supervise the work of other attorneys on Matters requiring multiple lawyers or on Matters assigned to less experienced attorneys.
  • Serve as lead in-house counsel on litigation with important MTA policy implications.
  • Take the lead in drafting new and revised MTA agency rules, procedures, and guidelines with legal issues.
  • Take the lead in drafting proposed legislation and regulations.
  • Take the lead on complex settlement discussions.

In addition to meeting Level II expectations, a Level III Senior Counsel assignment requires the demonstrated ability to perform most or all of the following:

• Level III:
  • Provide superior legal representation and counsel to the MTA on highly complex assigned matters, working with great independence while keeping the Deputy General Counsel or direct supervisor informed of all necessary information.
  • Lead and close highly complex/high-stakes and voluminous negotiations, with a very high degree of interpersonal, strategic, and problem-solving skills.
  • Review highly complex/high value/high programmatic impact contracts and agreements and compliance issues with keen business and legal judgment.
  • Structure transactions and deals to meet business needs and legal concerns, including exercising judgment on initiating contracts.
  • Provide overall strategy on due diligence reviews and lead strategies on highly complex transactions and activities, by identifying intricate legal and business conflicts and risks, and developing innovative solutions to mitigate identified risks and conflicts.     
  • Lead and provide global strategy for highly complex/high-stakes disputes, and effectively evaluate long-term and strategic goals.
  • Provide in-house legal counsel on non-litigation Matters regarding novel and very sophisticated issues.
  • Finalize staff summaries for MTA Board and Committees for MTA General Counsel review and approval.
  • Lead discussions and negotiations with regulators on Matters with legal issues.

Division and Position Overview:

Overview of Division and Position:

The Real Estate Development Division is seeking a Senior Counsel I, II, or III to join the team, depending on their experience level as described below. The Real Estate Development Division provides legal, transactional and strategic advice to the MTA, its subsidiaries and affiliates in connection with (1) transit-oriented development initiatives with developers, municipalities and other governmental entities that tap into the value of MTA’s transit-adjacent real property assets, (2) the strategic re-positioning of the MTA’s real estate portfolio, (3) the facilitation of land-use policies that encourage station improvements (including accessibility), the modernization of transit infrastructure, facilities and station entrances, and affordable housing, and (4) significant capital projects that will enhance reliable, accessible and sustainable transit.

The Senior Counsel in the Real Estate Development Division is a senior-level position with primary involvement and legal oversight of a wide range of real estate and transactional matters focused on leveraging private development in furtherance of the Transit-Oriented Development group’s mission-driven initiatives.   The role includes structuring, drafting, negotiating, and executing real estate transaction documents as MTA seeks to monetize its underutilized real property interests and tap into partnerships with private developers and municipalities that contribute to the improvement and modernization of MTA’s stations, infrastructure, and facilities (including accessibility).

The Senior Counsel will be expected to work collaboratively with:

• MTA and MTA Construction & Development Legal Department Deputy General Counsels and all MTA Legal Department professional and administrative staff.
• MTA Departments and Units/Offices, including Transit-Oriented Development, Real Estate Transactions & Operations, and Construction & Development.
• Presidents, Senior Vice Presidents, and senior staff at New York City Transit, Metro-North Commuter Railroad, Long Island Rail Road, Buses, Bridges and Tunnels, and Construction and Development.
• Federal, State, or local administrative agencies.

In addition to the educational and experience requirements detailed below, the Division also seeks candidates with the following: relevant legal experience at a large law firm or supporting a large governmental or private sector organization, with at least 5 years of experience on sophisticated real estate development transactions. Familiarity or experience with construction projects, financing, land use/zoning, and/or environmental review would also be desirable.

Required Education and Experience:

• JD from an accredited law school and licensed to practice law in New York. 
• A minimum of five (5) years of relevant law firm, public sector legal, or in-house legal experience.

The Following is/are preferred:

• Public sector legal experience, particularly in New York City or New York State.
• Transportation sector experience.
• History of successfully supervising or mentoring junior attorneys.
• A record of communicating with and advising the organization’s senior management

Required Education and Experience:

• Strong legal research and writing ability.
• Strong communication and interpersonal skills, with the ability to interface effectively with people at all levels of the organization and external parties.
• Demonstrated knowledge base and practice skills relating to the various practice areas and responsibilities of this position.
• Demonstrated leadership skills.

Other Information

May need to work outside of normal work hours (i.e., evenings and weekends)

Travel may be required to other MTA locations or other external sites.

According to the New York State Public Officers Law & the MTA Code of Ethics, all employees who hold a policymaking position must file an Annual Statement of Financial Disclosure (FDS) with the NYS Commission on Ethics and Lobbying in Government (the “Commission”).

Equal Employment Opportunity

MTA and its subsidiary and affiliated agencies are Equal Opportunity Employers, including those concerning veteran status and individuals with disabilities.

The MTA encourages qualified applicants from diverse backgrounds, experiences, and abilities, including military service members, to apply.