Senior Litigation Attorney

Fairstead is a purpose‑driven real‑estate firm dedicated to building affordable communities across the country. Headquartered in New York with offices in Colorado, Florida, and Washington DC, Fairstead owns and manages a portfolio of more than 30,000 apartments (including pipeline) across 28 states. As an integrated owner, operator, and innovator, the company combines development, construction, and property‑management under one platform to deliver high‑quality affordable housing at scale. Fairstead embraces digital transformation, data‑driven decision‑making, and emerging technologies—including AI—to build scalable systems that support sustainable growth while fostering a culture of entrepreneurship, innovation, partnership, dedication, and integrity.

The firm is seeking a Senior Litigation Attorney to join its in‑house legal team. The role will manage a broad docket of commercial, corporate, and employment litigation and dispute‑resolution matters arising across Fairstead’s businesses. The ideal candidate is a seasoned commercial litigator with experience in high‑stakes matters before the New York State Supreme Court (Commercial Division), the Delaware Court of Chancery and Superior Court, federal courts, and arbitration, and who can also handle regulatory, investigative, employment, and routine commercial matters for a large operating platform.

Responsibilities

• Oversee all phases of litigation, arbitration, and regulatory proceedings, including pre‑suit strategy, pleadings, discovery, motions practice, hearings, trial, and appeals.
• Manage outside counsel on complex matters, supervising strategy, reviewing work product, and controlling legal spend.
• Handle or oversee a wide range of disputes, including:
  • Complex commercial and corporate: contract disputes, business torts, fraud claims, partnership/LLC/joint‑venture disputes, breach of fiduciary duty, books‑and‑records demands, governance disputes, advancement and indemnification, lender/borrower and guaranty disputes, post‑closing purchase‑price, earn‑out, and indemnity claims.
  • Employment and HR: discrimination, harassment, retaliation, wrongful termination, wage‑and‑hour, restrictive covenants, executive separation matters, and administrative charges before agencies such as EEOC, NYSDHR, NYCCHR, DOL.
  • Routine commercial disputes: vendor, supplier, and service‑provider claims, collections, insurance coverage and tenders, subrogation, and pre‑litigation demands and settlements.
  • Regulatory, investigative, and administrative: federal, state, and local agency investigations and enforcement proceedings, attorney‑general inquiries, subpoenas, civil investigative demands, licensing and permitting disputes, audits, examinations, and compliance‑related claims.
• Respond to government and regulatory inquiries, managing document productions, witness preparation, internal investigations, and negotiated resolutions.
• Serve as the day‑to‑day point of contact for business teams, HR, compliance, and finance on threatened and pending disputes; resolve routine matters directly without outside counsel where appropriate.
• Work with compliance and business teams to translate regulatory findings and litigation outcomes into policy and process improvements.
• Brief senior leadership and board members on material litigation matters.
• Manage litigation holds, preservation obligations, and the company’s discovery and e‑discovery processes.
• Assist with contract drafting and negotiation across business lines to minimize future dispute risk.
• Partner with business teams early in transactions, hiring decisions, and project planning to identify and mitigate litigation exposure.
• Help build and refine litigation‑management systems, including matter tracking, budget forecasting, and reporting.

Requirements

• J.D. from an accredited law school.
• Active bar membership in New York; admission or ability to waive into additional jurisdictions preferred.
• 15+ years of complex commercial and corporate litigation experience.
• Substantial first‑chair or lead‑role experience in the New York State Supreme Court (Commercial Division), the Delaware Court of Chancery and Superior Court, comparable complex commercial courts, federal district courts, and arbitration (AAA, JAMS).
• Demonstrated ability to manage a high volume of simultaneous matters across subject areas without losing control of deadlines, budgets, or strategy.
• Experience handling government and regulatory matters, including investigations, subpoenas, civil investigative demands, enforcement actions, and administrative proceedings.
• Proven track record taking cases through trial, arbitration, or dispositive resolution.
• Experience supervising outside counsel and managing litigation budgets.
• Willingness and ability to handle routine employment and commercial disputes personally, not solely through outside counsel.
• Strong drafting, negotiation, and oral advocacy skills.
• Sound business judgment and a practical, risk‑calibrated approach to dispute resolution.

Preferred Qualifications

• Prior in‑house experience at an operating company or similarly complex organization.
• Service as a partner or of counsel at a law firm with ownership of client relationships and a portfolio of matters.
• Experience with Delaware corporate and alternative entity litigation, including fiduciary‑duty, Section 220, and advancement and indemnification proceedings.
• Depth in employment litigation and HR‑adjacent counseling and investigations.
• Experience with regulated industries and attorney‑general, agency, or other governmental enforcement matters.
• Experience with alternative dispute resolution (mediation, arbitration).
• Familiarity with insurance coverage, tenders, and working with carrier‑appointed counsel.
• Exposure to real‑estate, construction, or housing‑sector disputes (welcome but not required).

Fairstead values diversity in backgrounds and experiences as a key to its success and is an equal‑opportunity employer.