The General Counsel Division (GCD) at the NYC Department of Consumer and Worker Protection (DCWP) seeks an experienced attorney to serve in the Associate General Counsel (AGC) position. Reporting to the General Counsel and Deputy General Counsel for Litigation and Regulatory Enforcement, the AGC will be responsible for overseeing one of the GCD’s litigation and enforcement units, which consist of a team of lawyers who research, investigate and prosecute illegal and deceptive and business practices by individual businesses and business industries. Specifically, the AGC will have several primary areas of focus in cutting edge areas of consumer protection law:
1. Oversight of one unit of GCD affirmative litigation and enforcement attorneys: this litigation team consists of attorneys who research, investigate and prosecute illegal, deceptive and fraudulent business practices by individual businesses and business industries, with a focus on emerging deceptive and unconscionable pricing issues. This portfolio includes investigation and enforcement concerning deceptive junk fees, the recent Click-to-Cancel rule, pricing issues including dynamic and surveillance pricing, Third Party Food Delivery App regulation, the Consumer Protection Law, and any other laws within the Agency’s jurisdiction to regulate emerging and developing issues related to artificial intelligence. The AGC will:
- manage the team’s investigative and trial work, including supervising proceedings before OATH and in State court, as necessary;
- support matters from investigation through settlement or trial, including keeping matters moving to meet deadlines;
- work with the GCD senior management team to develop creative strategies for identifying, investigating and successfully prosecuting impactful affirmative litigation cases; and
- train legal and investigative staff on skills necessary to carry out the GCD’s litigation and enforcement goals.
2. Oversight over the GCD’s enforcement of specific laws, including Third Party Food Delivery licensing laws and rules, the Truth in Pricing Law, and laws regulating automated employment decision-making tools (AEDTs). Oversee and serve as lead counsel, as necessary, in enforcement actions at the City’s administrative tribunal and in NYS court, conduct industry-wide compliance initiatives, and coordinate targeted enforcement efforts. Oversee and participate as necessary in all trials. Review and assist in drafting summonses, petitions, motions, briefs, subpoenas, Consent Orders, discovery documents, correspondence, and other legal documents. Provide support to the New York City Law Department with litigation related to licensed categories.
3. Lead DCWP strategy to enforce modernized Truth in Pricing Law, including restrictions on dynamic pricing and surveillance pricing. Manage and direct research into best practices to protect consumers from surveillance pricing in particular, in close coordination with other AGCs in the GCD, and other divisions of DCWP, including Legislative Affairs and the Office of Financial Empowerment.
4. Responsible for monitoring market supply fluctuations and implementing DCWP’s Price Gouging Rule during States of Emergency.
5. Grow and develop GCD’s work with Research and Analytics Division to support investigations, litigation, and obtaining redress for consumers.
6. Provide legal counseling to other divisions regarding licensed categories, particularly issues related to the interpretation of licensing laws and rules; assisting with the review and drafting of legislation and rules implementing legislation; review and revise Licensing and Enforcement Division tools/documents to ensure compliance and consistency with laws and rules; utilize expertise to provide legal advice on drafting and reviewing enforcement and licensing division documents and assessing enforcement priorities; work with the Communications Division to help properly frame legal issues and answer questions; work with the External Affairs to handle elected inquiries, frame responses, and help prepare for public hearings concerning potential new areas of Agency responsibility.
7. Supervise and oversee team of attorneys to ensure that work is being efficiently and accurately performed, all policies and procedures are adhered to, and professional development goals are being met by team members.
The ideal candidate has significant supervisory and managerial experience, is a self-motivated, experienced attorney with superb writing skills and experience with strategic planning and using technology and data to further legal goals. The position requires an individual who enjoys substantial responsibility and thrives in a fast-paced environment.
About DCWP
The NYC Department of Consumer and Worker Protection (DCWP) is the nation’s leading municipal enforcement agency, charged with delivering economic justice. We bring New Yorkers real economic relief and protect them from predatory, deceptive, and unfair practices that violate their rights as consumers and workers. This includes pioneering cutting-edge protections for New Yorkers, such as the City’s Consumer Protection Law, Protected Time Off Law, Fair Workweek Law, and Delivery Worker Laws. Across New York City, DCWP levels the economic playing field by licensing more than 45,000 businesses in over 45 industries, and providing essential services including free tax preparation and financial counseling to ensure New Yorkers keep more of what they earn and can plan for their futures. This work ensures that New York City is a fairer, more affordable place to live for all.
**This position may be eligible for remote work for up to 2 days per week pursuant to the Flexible Work Pilot Program. **
EXECUTIVE AGENCY COUNSEL - 95005
Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, eighteen months of which must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing highly complex and significant legal work.
Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.
The City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment based upon any legally protected status or protected characteristic, including but not limited to an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.