Senior Counsel, Transactions - Special Projects

About the role

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 Legal 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.

Responsibilities

• Structuring, drafting, advising on, and negotiating all manner of contracts and documents, including but not limited to development agreements, RFPs and other solicitations, construction contracts, ground leases, easements, MOUs, permits, operating agreements, guarantees, letters of credit, purchase and sale agreements, construction license agreements, corporate and business agreements, revenue, cost-sharing arrangements, and license agreements.
• Negotiating protective terms to prevent or mitigate impacts on business interests, transportation operations, safety, and service reliability.
• Tracking project (construction and non-construction) dependencies, contractual flow-downs, and maintaining alignment and consistency across deal documents throughout the project lifecycle.
• Maintaining exceptional legal matter management, including timelines, deadlines, tracking deliverables, identifying and communicating risks early, and ensuring internal clients receive clear and timely advice.
• Planning and assistance with due diligence in all phases of transactions and actively managing the deal process and execution.
• Actively coordinating across stakeholders, including but not limited to operations, engineering, transit-oriented development, real estate, construction, risk management, finance, and external agencies.
• Advising on issues of risk mitigation, contractor responsibility, and contract disputes, as required.
• Analyzing and/or drafting agency rules, policies, procedures, and legal opinions.
• Analyzing proposed or enacted legislation, as well as any municipal, state, or federal rule or regulation involving or affecting the agencies.
• Collaborating with and/or supervising outside counsel and MTA junior attorneys.

Requirements

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

Qualifications

• 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.

Skills

• Exceptional drafting skills and a nuanced understanding of sophisticated, complex documents, with strong analytical skills and the ability to deliver strategic, solutions-oriented legal advice.
• Substantial experience in construction law, real estate law, and negotiating and managing complex financial and corporate agreements.
• Experience working on sophisticated real estate agreements and development deals, sophisticated large-scale transportation and infrastructure projects, and complex corporate transactions.
• Prior experience serving as outside counsel to governmental or transportation-related agencies, or experience working in government.
• Knowledge of public authorities' law, land use, and zoning laws and regulations.

Benefits

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.