Assistant Special Counsel, Office of Hearing Officers

FINRA

2d • Hybrid

About The Position

The Assistant Special Counsel in the Office of Hearing Officers performs a variety of specific duties, generally applying advanced analytical skills to provide effective legal support to FINRA Hearing Officers in connection with the adjudication of disciplinary proceedings on a wide range of cases brought by FINRA’s Department of Enforcement against FINRA-registered firms and persons associated with FINRA-registered firms, as well as temporary cease and desist proceedings and a variety of other expedited proceedings against FINRA-registered firms and associated persons. The incumbent also provides high level support for the effective adjudication of disciplinary proceedings initiated by the New York Stock Exchange and other self-regulatory organizations against their members and associated persons. This is senior–level legal work in which incumbents are responsible for independently researching complex matters that arise in connection with the adjudication of proceedings within the Office of Hearing Officers (OHO). Essential Job Functions: Serves as a legal advisor to Hearing Officers and attends hearings and pre-hearing conferences as requested, and participates in the adjudication process for disciplinary and expedited proceedings. Provides counsel in the determination of whether substantive violations of the federal securities laws, Securities and Exchange Commission rules and regulations, MSRB rules, FINRA rules, or other applicable self-regulatory organizations’ rules have occurred. Conducts legal research and prepares memoranda in connection with motions, evidentiary issues, hearings, and decisions. Manages case life cycle and hearing process. Coordinates with OHO staff, industry panelists, and parties as required. Reviews transcripts of hearings, exhibits and other evidence, as well as motions and briefs filed by the parties. Outlines and summarizes the significant points involved. Independently drafts well-written default and expedited decisions and orders in accordance with directions from Hearing Officers. Assists Hearing Officers with the preparation of draft decisions in complex disciplinary proceedings involving multiple respondents or multiple allegations. Prepares legal memoranda to advise hearing panelists on issues of law and procedure, compliance with FINRA’s Sanction Guidelines, and all other applicable legal requirements. Prepares and maintains policies, procedures, and manuals for different types of expedited and disciplinary proceedings. Participates in the rule-making process in connection with amendments to the Code of Procedure. Advises OHO staff and other necessary stakeholders on the impact of proposed rules and changes to procedures. Responsible for maintaining OHO’s legal research database, and updating research outlines relating to specific legal topics and sanctions. Develops and initiates reports and communications as needed for Chief Hearing Officer and Deputy Chief Hearing Officer. Demonstration of FINRA’s values. Collaboration, both in-person and virtually, in furtherance of FINRA’s mission of investor protection and market integrity. Other Responsibilities: Provides suggestions to increase efficiency and effectiveness of office procedures.

Requirements

• A law degree and appropriately licensed to practice law in all applicable jurisdictions based on the relevant licensing requirements.
• Minimum of eight (8) years of litigation practice, including courtroom experience and the handling of pretrial matters, trials, and appeals.
• Requires an understanding of applicable law, current judicial interpretations, and an ability to analyze and advocate orally and in writing.
• Advanced oral and written communication and litigation skills.
• Proven experience in preparing legal memoranda, motions, and briefs, or equivalent.
• Advanced knowledge of laws, rules, and regulations relevant to litigation and the securities industry.

Nice To Haves

• At least one year of experience at FINRA preferred.
• Knowledge of federal securities laws, Securities and Exchange Commission rules and regulations, and self-regulatory rules is preferred.

Responsibilities

• Serves as a legal advisor to Hearing Officers and attends hearings and pre-hearing conferences as requested, and participates in the adjudication process for disciplinary and expedited proceedings.
• Provides counsel in the determination of whether substantive violations of the federal securities laws, Securities and Exchange Commission rules and regulations, MSRB rules, FINRA rules, or other applicable self-regulatory organizations’ rules have occurred.
• Conducts legal research and prepares memoranda in connection with motions, evidentiary issues, hearings, and decisions.
• Manages case life cycle and hearing process.
• Coordinates with OHO staff, industry panelists, and parties as required.
• Reviews transcripts of hearings, exhibits and other evidence, as well as motions and briefs filed by the parties.
• Outlines and summarizes the significant points involved.
• Independently drafts well-written default and expedited decisions and orders in accordance with directions from Hearing Officers.
• Assists Hearing Officers with the preparation of draft decisions in complex disciplinary proceedings involving multiple respondents or multiple allegations.
• Prepares legal memoranda to advise hearing panelists on issues of law and procedure, compliance with FINRA’s Sanction Guidelines, and all other applicable legal requirements.
• Prepares and maintains policies, procedures, and manuals for different types of expedited and disciplinary proceedings.
• Participates in the rule-making process in connection with amendments to the Code of Procedure.
• Advises OHO staff and other necessary stakeholders on the impact of proposed rules and changes to procedures.
• Responsible for maintaining OHO’s legal research database, and updating research outlines relating to specific legal topics and sanctions.
• Develops and initiates reports and communications as needed for Chief Hearing Officer and Deputy Chief Hearing Officer.
• Demonstration of FINRA’s values.
• Collaboration, both in-person and virtually, in furtherance of FINRA’s mission of investor protection and market integrity.
• Provides suggestions to increase efficiency and effectiveness of office procedures.

Benefits

• 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.

What This Job Offers

• Job Type: Full-time
• Career Level: Mid Level
• Education Level: Ph.D. or professional degree