OAG - Consumer Protection | Assistant Attorney General V | 25-0581

GENERAL DESCRIPTION

This attorney position is for the Privacy and Tech Team in the Consumer Protection Division (CPD) of the Texas Attorney General’s office and will be based in Austin. 

The position will focus on enforcement of Texas’s privacy laws including the Texas Data Privacy and Security Law (TDPSA), the Texas Identity Theft Enforcement and Protection Act (ITEPA), the Texas Capture or Use Of Biometric Identifier Act (CUBI), Texas Securing Children Online Through Parental Empowerment Act (SCOPE), and enforcement of deceptive trade practices actions against big tech companies in the online space. This position involves advanced legal work and will require working collaboratively with Division attorneys and staff, taking an active role in litigation of enforcement actions, regularly interfacing with division management and regulators, and drafting legislation or providing information for legislative consideration. The OAG seeks qualified, self-motivated candidates able to work in a highly collaborative work environment and to handle cases from start to finish including issuing civil investigative demands, reviewing documents, and filing and litigating cases to conclusion.

The Consumer Protection Division works to protect Texas consumers and the legitimate business community by investigating fraud and deceptive advertising, filing civil lawsuits to enforce state and federal consumer protection laws, and educating Texans on how to spot and avoid possible scams. The Division has regional offices in Austin, San Antonio, Dallas, El Paso, and Houston. 

The OAG is a dynamic state agency with over 4,000 employees throughout the State of Texas. As the State’s law firm, the OAG provides exemplary legal representation in diverse areas of law. OAG employees enjoy excellent benefits (https://ers.texas.gov/Benefits-at-a-Glance) along with tremendous opportunities to do important work at a large, dynamic state agency making a positive difference in the lives of Texans. Assistant Attorneys General (AAGs) experience the challenge and honor of public service while enjoying a healthy work-life balance; hands-on legal experience; and engaging camaraderie in Austin, the scenic and lively capital of Texas.

ESSENTIAL POSITION FUNCTIONS

• Conducts and supervises consumer protection investigations by obtaining evidence through witness interviews, consumer complaints undercover operations, conducting examinations under oath, and issuing civil investigative demands. 
• Litigates civil enforcement cases from start to finish including taking and defending depositions, motion practice, arguing contested matters and trial.
• Researches and analyzes complex factual and legal matters related to specific cases or issues.
• Monitors privacy, cyber and technology developments at the state and federal level.
• Provides legal advice, analysis, counsel and assistance to clients and management; and prepares related memorandum of findings, legal opinions, or recommendations as appropriate.
• Works collaboratively with team members to develop and implement effective litigation and enforcement strategies.
• Represents the Office of the Attorney General before state and federal trial and appellate courts.
• Monitors privacy, cyber and technology developments at the state and federal level.
• Evaluates proposed and enacted federal and state statutes, rules, and court decisions to advance Texas’s interests in enforcement of data privacy and consumer protection laws.
• Participates in rulemaking, including drafting proposed comments.
• Assists in responding to Texas Public Information Act requests.
• Assists in responding to legislative inquiries including drafting legislation and amendments for legislative consideration and serving as a resource witness in matters related to consumer protection and data privacy.
• Provides training to less experienced staff.
• Maintains knowledge of legal principles and practices relevant to data privacy.
• Maintains a significant docket of data privacy investigations and litigation cases.
• Participates in community outreach activities in coordination with agency staff on issues related to data privacy; interfaces with other data privacy-oriented agencies and organizations; and engages with community leaders and law enforcement on data privacy matters.
• Testifies at hearings, trials, and legislative meetings
• Performs related work as assigned
• Maintains relevant knowledge necessary to perform essential job functions
• Attends work regularly in compliance with agreed-upon work schedule
• Ensures security and confidentiality of sensitive and/or protected information
• Complies with all agency policies and procedures, including those pertaining to ethics and integrity

MINIMUM QUALIFICATIONS

• Education: Graduation from an accredited law school with a Juris Doctor degree (J.D.)
• Experience:  Four years of full-time experience working as a licensed attorney in the following (or closely related) fields: data privacy; privacy compliance; consumer protection; commercial litigation.
• Licensed as an attorney by the State Bar of Texas
• Member in good standing with the State Bar of Texas and eligible to practice law in Texas by start date
• Skill in legal research, writing, and analysis; in conducting investigations; in mediation and negotiations; in the development and implementation of effective and efficient strategies in the investigation and litigation of cases; and in the use of critical thinking to identify and solve complex problems. 
• Skill in the use of technology including experience utilizing computers for word-processing, utilizing software programs for data analysis and case management; and utilizing electronic discovery platforms.
• Skill in handling multiple tasks, prioritizing, and meeting deadlines
• Skill in effective oral and written communication
• Skill in exercising sound judgment and effective decision making
• Ability to draft complaints, pleadings, motions, discovery requests and briefs. 
• Ability to perform legal research, to interpret and apply facts to laws and to summarize findings.
• Ability to review the work of attorneys and staff and to train attorneys and staff.
• Ability to receive and respond positively to constructive feedback
• Ability to work independently and cooperatively with others in a professional office environment
• Ability to provide excellent customer service
• Ability to work in person at assigned OAG work location, perform all assigned tasks at designated OAG work space within OAG work location, and perform in-person work with coworkers (e.g., collaborating, training, mentoring) for the entirety of every work week (unless on approved leave)
• Ability to arrange for personal transportation for business-related travel
• Ability to work more than 40 hours as needed and in compliance with the FLSA
• Ability to lift and relocate 30 lbs.
• Ability to travel (including overnight travel) up to 15% 

PREFERRED QUALIFICATIONS

• Experience: Eight years of full-time experience working in the following (or closely related) fields: data privacy; consumer protection; privacy compliance; commercial litigation; experience overseeing investigations or litigation; experience implementing or developing privacy and data security programs; experience mentoring less experienced attorneys
• Knowledge: of law and legal principles and practices relevant to data privacy, including the Texas Data Privacy and Security Act, Texas Identity Theft Enforcement and Protection Act (or similar state laws); the Health Insurance Portability and Accountability Act (HIPAA), the HITECH Act, the Gramm-Leach-Bliley Act (Safeguards Rule), the Children’s Online Privacy Protection Act (COPPA), Federal Trade Commission Section 5 Privacy Enforcement; and the Texas Deceptive Trade Practices Act and relevant consumer protection statutes.
• Skills: complex litigation experience; jury trial experience; significant motion practice and deposition experience.
• Abilities: work to collaboratively and work within a larger organization.
• Certifications: Privacy focused certifications such as Certified Information Privacy Professional (CIPP- US); Certified Information Privacy Manager (CIPM); Certified Information Privacy Technologist (CIPT); Certified Data Privacy Professional (CDPP).

TO APPLY  

To apply for a job with the OAG, electronic applications can be submitted through CAPPS Recruit. A State of Texas application must be completed to be considered, and paper applications are not accepted. Your application for this position may subject you to a criminal background check pursuant to the Texas Government Code. Military Crosswalk information can be accessed at   

https://hr.sao.texas.gov/Compensation/MilitaryCrosswalk/MOSC_Legal.pdf

THE OAG IS AN EQUAL OPPORTUNITY EMPLOYER