Litigation Attorney IV

About the role

This position is an Attorney IV in the Litigation Department on the Medicaid Litigation Team. The Litigation Department is one of seven departments in the Legal Services Division of the HHS Office of Chief Counsel (OCC). The Litigation Department provides legal advice and support for pending or threatened litigation against HHS or HHS employees in their official or individual capacities. The Department serves as the primary point of contact with the Office of the Attorney General to defend lawsuits and administrative actions filed against HHSC or DSHS concerning employment decisions, tort claims, agency rules and policies, alleged constitutional deprivations, contract and procurement disputes, federal and state statutes, including the Medicaid Act, and to prosecute cases of Medicaid fraud.

Responsibilities

• Draft summaries of new litigation identifying parties and claims, identify defenses, and evaluate potential risks to the agency and its employees.
• Draft timely, accurate, and concise updates for the Associate Director and Director of Litigation and Chief Counsel concerning the status of, and new developments in, agency lawsuits.
• Research legal issues related to litigation and provide timely, accurate, and concise analysis and advice.
• Draft letters to the OAG requesting representation in litigation.
• Work with the assigned Assistant Attorney General (AAG) and agency staff to respond to complaints and petitions.
• Research claims and defenses and ensure appropriate motions are filed timely by the OAG.
• Draft and review briefs and motions as needed.
• Review discovery requests and work with agency staff to identify responsive information and documents.
• Draft or review discovery responses and objections. Use e-discovery software to review documents and other information for production.
• Draft or review discovery requests as needed. Ensure the OAG pursues offensive discovery as needed.
• Review settlement recommendations from OAG and draft settlement recommendations for review by the Associate Director and Director of Litigation and Chief Counsel.
• Participate in settlement negotiations and ensure that all settlement documents adequately protect the agency's interests.
• Work with OAG and agency staff to ensure appropriate compliance with and implementation of court orders.
• Draft recommendations for review by the Associate Director and Director of Litigation and Chief Counsel on whether to appeal court rulings.
• Draft or review appellate briefs and arguments and work with OAG to ensure appeals are filed timely.

Requirements

Knowledge of the federal and state rules of civil evidence and procedure.

Skill in researching, reviewing, analyzing, interpreting and applying federal and state laws, rules, and other regulations affecting the agency. Skill in writing, communicating, and solving complex problems using reasoning and logic. Skill in hearing, deposition, and trial preparation.

Ability to use agency computers and software platforms, conduct legal research, summarize findings and advice, and communicate effectively and professionally; ability to prioritize workloads and to use good judgment to identify appropriate courses of action and legal strategy in lawsuits and other matters as assigned.

Registrations, Licensure Requirements or Certifications: Must be licensed as an attorney by the State of Texas and a member in good standing with the State Bar of Texas.

Initial Screening Criteria: Graduation from an accredited law school with a Bachelor of Laws (LLB) or a Juris Doctor (JD) degree. A minimum of 3 years of litigation experience.