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Experience
5-10 yrs required
Location
Charleston, SC, United States
Posted on
Sep 23, 2020
Profile
Attorney – 3rd Party Litigation
The candidate will have in-depth knowledge of, and experience analyzing and applying federal and state laws and corporate policies related to Third-Party Litigation, discovery compliance and financial privacy. Will identify subpoenas relating to the Global Business and Markets Division. This includes but is not limited to matters involving mergers and acquisitions (BofA Securities-provided advisory services), debt and equity financing (e.g. a company’s IPO), commercial mortgage-backed securities, residential mortgage-backed securities, equity research, commercial loans, and institutional accounts. Manage compliance and production relative to subpoenas and similar types of legal process. Responsibilities also include drafting or review of protective orders, drafting objections and responses, negotiating the scope of the subpoenas, and production and retention of responsive documents. Draft and manage preservation orders and coordinate with internal e-Discovery partners and/or related third-party vendors. Ability to review relevant litigation related pleadings/documents and assess the risks to the Bank, including the risk of potential future litigation directly against the Bank. In assessing risk, determine if outside counsel must be engaged for motion practice (motion to quash, protective order, etc.). Identify deals/transactions where the Bank is a financial advisor (M & A) and coordinate the response with the client’s counsel and the Bank’s transactional counsel. Build relationships and work closely with the line of business to collect documents and review for responsiveness and privilege. Must identify and communicate with the relevant stakeholders and their legal partners. Includes monitoring the discovery phase of litigation and providing updates to the business. Experience analyzing laws, contract terms and conditions, and corporate policies and standards related to financial privacy and confidential/proprietary information. Proficiency advising risk and compliance managers and other corporate support functions and attorneys in the above areas, and supporting them in the development of practical operational processes that control risk and ensure compliance.
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