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Senior Litigation Attorney

2 months ago

Buffalo, New York, United States Benderson Development Full time

Litigation Counsel

Overview

Benderson Development is in search of a dedicated and results-oriented attorney to fulfill the role of Litigation Counsel. The ideal candidate will possess extensive experience in managing premises liability cases, contract disputes, and various commercial legal matters. A successful applicant will demonstrate resilience, thoroughness, and the ability to independently handle multiple cases, complemented by a strong business acumen and a proactive approach to resolving issues.

Key Responsibilities

Claims Oversight:

  • Lead and mentor a team of internal claims adjusters responsible for investigating pre-litigation claims related to bodily injury and property damage under the company’s self-insured retention.
  • Assess all claims and lawsuits for potential risk transfer, drafting tender demand letters as necessary.
  • Manage a litigation docket that includes cases involving general premises liability, automobile incidents, and construction-related accidents.
  • Maintain professional relationships with external legal counsel across various jurisdictions, actively guiding and overseeing litigation strategies.
  • Review and refine draft pleadings, discovery responses, motions, and submissions for arbitration or mediation.
  • Collaborate with outside counsel to prepare fact witnesses and corporate representatives for depositions.
  • Present comprehensive factual and legal analyses of claims or lawsuits to senior management to secure settlement authority.
  • Develop strategies to optimize early settlement opportunities.
  • Participate in mediations and settlement discussions.
  • Continuously evaluate exposures and the adequacy of claim reserves, escalating high-risk claims to management as needed.
  • Engage in daily communication with relevant company personnel and senior management.
  • Ensure timely and accurate documentation within the claims and litigation management system.
  • Oversee compliance with Medicare reporting requirements.

Risk Management Collaboration:

  • Work alongside the Risk Manager to enhance tenant and third-party vendor insurance and indemnity program requirements, focusing on risk assessment and mitigation strategies.
  • Advise other departments on litigation exposure and risk management, developing strategies for litigation prevention and conducting training sessions for property and profit center managers on claims response and prevention.

Legal Compliance Oversight:

  • Manage litigation and claims-related expenses, staying informed on relevant industry laws and regulations to ensure compliance and integration into company policies and procedures.
  • Oversee the implementation of legal holds, document preservation, and e-discovery initiatives as required.
  • Conduct legal research and draft legal opinions as necessary, responding to subpoenas and document requests.
  • Perform additional tasks as assigned by Senior Management, including contract review, negotiation, drafting, and other legal responsibilities.

Qualifications

  • Juris Doctor (JD) from an ABA-accredited law school.
  • Bar admission in good standing.
  • A minimum of 6 years of professional experience in general liability and bodily injury defense, preferably at a top-tier law firm or in-house position.
  • Thorough understanding of contractual indemnification.
  • General knowledge of insurance coverage law.
  • Exceptional analytical abilities.
  • Strong verbal and written communication skills.
  • Proven ability to build rapport and maintain relationships with colleagues, tenants, third-party vendors, and defense counsel.
  • Familiarity with New York Labor Law, including Section 240, is a plus.
  • Willingness to travel as required.