Litigation Counsel

6 days ago

Buffalo, New York, United States Benderson Development Company Full time

Job Summary

Benderson Development Company is seeking a seasoned attorney to serve as Litigation Counsel. The ideal candidate will have a strong background in handling commercial litigation, premises liability, and contract disputes. As Litigation Counsel, you will oversee pre-suit claim investigations, manage litigation from inception to conclusion, and provide advice on insurance and indemnification provisions.

Key Responsibilities

  • Claims Management:
  • Manage and mentor a team of in-house claims adjusters who investigate bodily injury and property damage pre-litigation claims.
  • Evaluate claims and lawsuits for risk transfer opportunities and author tender demand letters when appropriate.
  • Oversee and manage a litigation docket consisting of claims involving general premises liability, automobile accidents, and construction site accidents.
  • Maintain relationships with outside counsel in multiple jurisdictions and direct and monitor lawsuit strategy.
  • Review and revise draft pleadings, discovery responses, motions, and arbitration/mediation submissions.
  • Prepare fact witnesses and corporate representatives for depositions.
  • Present factual and legal analysis of a claim or lawsuit to senior management to obtain settlement authority.
  • Strategize and maximize early settlement opportunities.
  • Attend mediations and/or settlement conferences.
  • Assess exposures and adequacy of claim reserves and escalate high exposure and/or volatile claims to management.
  • Communicate directly with relevant company employees and senior management.
  • Maintain timely and accurate file documentation/information in our claims/litigation management system.
  • Manage Medicare reporting obligations.

Risk Management:

  • Work with the Risk Manager on tenant and third-party vendor insurance and indemnity program requirements and enhance risk management, including risk assessment and mitigation.
  • Counsel other departments within the company regarding litigation exposure and risk and develop strategies for litigation prevention. Conduct training of property and other profit center managers relative to claim response, prevention, and other claims-related topics.

Legal Compliance:

  • Oversee and manage litigation and claims expenses. Stay up-to-date on relevant business industry, insurance, and indemnity-related laws and regulations to identify changes and incorporate into policies, procedures, and transactions.
  • Exercise primary responsibility for the implementation of legal holds, document preservation, and e-discovery initiatives as necessary.
  • Conduct legal research and prepare legal opinions as needed. Respond to subpoenas and other requests for documents.
  • Perform additional tasks as requested by Senior Management as the needs of the organization arise, including contract review, negotiation, and drafting and other legal tasks.

Requirements:

  • JD from an ABA-accredited law school
  • Bar admission in good standing
  • 6+ years of professional experience in general liability/bodily injury law defense work at a top-rated law firm or other in-house position
  • Detailed knowledge of contractual indemnification
  • General knowledge of insurance coverage law
  • Excellent analytical skills
  • Excellent verbal and written communication skills
  • Strong ability to establish rapport and build relationships with co-workers, tenants, third-party vendors, and defense counsel
  • Knowledge of New York Labor Law, including Section 240, etc. a plus
  • Some travel required

Pay Range:

$100,000 - $150,000 per year

Please note that final offer amount will be dependent on geographic location, applicable experience, and skillset of the candidate.

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