Description:

Summary of Duties:
This position is responsible for advising Amtrak leadership regarding Amtrak's legal rights and obligations on a variety of issues, including: claims and litigation management involving personal injury, death, and property loss; accident investigations; crisis response to critical incidents including catastrophic injuries, derailments and high exposure accidents; evidence preservation; health and safety; indemnity, insurance and risk management; compliance with federal regulations; legislative and rulemaking proposals; and other matters. The position supports the Claims Department and assists in supervising outside defense counsel contracted by Amtrak to litigate personal injury and property loss matters.

This is a hybrid role based in Washington, DC.

The position is also responsible as needed for ensuring the effective delivery of corporate safety and regulatory legal advice and representation, with a focus on regulatory agency investigations, inquiries and requests for information (including by the Federal Railroad Administration (FRA), Occupational Safety and Health Administration (OSHA), National Transportation Safety Board (NTSB) and others), and advocacy in regulation development and industry compliance. This position requires either an understanding of and experience with or willingness to learn FRA, OSHA, environmental, public health and other applicable industry regulations, as well as Amtrak's operating rules, safety policies and programs.

Essential Functions:

Advises senior management and Claims, Safety, Human Resources, Operations, and other departments and functions on the policies and practices relating to the Federal Employers' Liability Act (FELA), the Federal Railroad Safety Act (FRSA), the Occupational Safety and Health Act (OSHA), and related federal laws and regulations regarding railroad employee safety and compensation for employee injuries, and tort law as it applies to accidents involving passengers, contractors, pedestrians and motorists at railroad crossings, trespassers and other third parties and other accidents involving personal injuries and property loss to third parties and Amtrak.
Assists in supervising and supports the efforts of outside counsel retained to represent Amtrak in civil trials, administrative proceedings, and other adversary proceedings or for advice, in order to ensure that such representation is effective and cost-efficient. This includes legal strategy development, assisting in case development including identifying witnesses, witness preparation, developing evidence for trial, and the review, analysis, and if appropriate, editing of legal filings, including significant motions and briefs.
Participates in engagement and evaluation of outside counsel and in claim and case reviews with outside counsel; reviews and approves outside counsel and vendor invoices, operates within budget and maintains cost controls to ensure effective utilization of Amtrak financial resources.
Works in close partnership with Claims professionals to evaluate claims and matters in litigation, to ensure that matters are adequately reserved, and to formulate appropriate strategies for the negotiation and defense of both litigated and non-litigated claims.
Assesses statutory and regulatory provisions and provides guidance concerning safety and compliance issues to the divisions and departments of the enterprise.
Becomes familiar with Amtrak operations, operating rules and safety policies and programs.
As needed, represents the Company in matters which involve or could involve proceedings before federal and state courts, administrative agencies, and arbitration tribunals, which representation requires the clear, organized, and persuasive articulation, both in legal documents and in oral proceedings, of Amtrak positions and arguments of supportive factual materials, without substantive or procedural errors, and within deadlines, in order to cause Amtrak interests to prevail.
Advises and prepares summaries, memoranda, reports, and other written materials for the Executive Vice President, Chief Legal Officer, General Counsel & Corporate Secretary, Managing Deputy General Counsel, Deputy General Counsel, and other Law Department representatives, including Claims group, staff, and executives in other departments, with respect to legal considerations inherent in a variety of business, regulatory, commercial, and internal matters concerning regulatory compliance, claims, tort litigation, liability, risk management, indemnity, evidence preservation, safety, operations, and other legal issues, in order to ensure that the Company makes business decisions with full knowledge of applicable legal considerations.
Attends meetings and develops and conducts training seminars and other information dispersal systems for management and agreement employees, on such topics as FRA, OSHA, FRSA, and other regulatory law, FELA, personal injury and tort law, compliance with federal statutes and regulations and internal rules, procedures, and practices, preservation of evidence, and other legal issues.
Advises and may participate in internal investigations; provides advice on ethics compliance within a corporate environment.
Directly communicates with and responds to government regulators during inquiries and investigations, provides guidance to clients, and identifies options for achieving client objectives within applicable legal restraints toward resolutions to investigations and other regulatory agency disputes. Keeps abreast of regulatory and legal developments governing Amtrak operations, to include rulemaking by OSHA, FRA, and other federal and state agencies

Minimum Qualifications:
The successful candidate for this position must have:

Juris Doctor from accredited law school with license to practice as an attorney under the laws of any state and the qualifications to waive into the D.C. Bar.
In-house experience in regulatory law, tort, personal injury, personal and rolling stock property damage, and general law in the railroad or transportation industry.
Excellent communication and negotiation skills; flexibility ability to handle quick turnarounds and work effectively with diverse in-house clients. Superior writing and analytical skills required, and an ability quickly to learn the fundamentals of different areas of the law.
Superior written and verbal communication and interpersonal skills.
Advanced analytical and problem-solving skills.
Must be a flexible and strategic thinker in a fast-paced environment.
Must possess excellent organizational skills and be able to handle multiple tasks and prioritize projects while managing competing priorities.
Demonstrated expertise in regulatory and safety matters, developing strategies for successful claims and litigation handling and disposition, and cost containment through vendor management within discipline.
Ability to compose, edit and prepare correspondence, research, legal writing.
Must be comfortable presenting information and analysis in a group setting.
Ability to present facts, issues, analysis, conclusions, and recommendations or solutions that demonstrate command of content.
Organize and prioritize files and calendar and track litigation.
Ability to handle confidential and non-routine information.
Demonstrated ability to lead and/or participate in a team of safety and claims professionals who collaborate, set and achieve goals and report on progress through measurable metrics.
Demonstrated ability to deliver advice in the context of business objectives and with a commercial mindset, to identify and appreciate the significance of legal issues, to recognize legal and reputational risk, and to develop cost effective legal and business resolutions.
Demonstrated professional maturity, judgment and discretion.
Computer literacy: Ability to conduct electronic legal research (LEXIS), and work with Windows Platform, Windows Office tools and programs, and matter and document management programs.

Preferred Qualifications:

11-14 years of relevant experience preferred
Prior in-house experience working with operations, safety and claims, environmental and other compliance function professionals; managing outside counsel regarding tort/personal injury claims and litigation; and developing and executing strategies involving complex and high value liability claims.
Demonstrated experience with complex claims litigation experience including FELA, passenger and crossing claims.
In depth knowledge of federal and state laws and regulations applicable within discipline.
In depth knowledge of claims handling/litigation management procedures, claims litigation strategies.