GENERAL DESCRIPTION
This is a senior-level position in the Austin office of the Texas Attorney General’s Consumer Protection Division as Manager of the Data Privacy and Tech Team. Work involves advanced legal and/or managerial work including the oversight and supervision of the work of attorneys and support staff, regularly interfacing with division and agency management and agency attorneys, and maintaining a docket of data privacy cases, with a primary focus on the Texas Identity Theft Enforcement and Protection Act (ITEPA), Texas Data Privacy Security Act (TDPSA), Texas Capture or Use Of Biometric Identifier Act (CUBI), Texas Securing Children Online Through Parental Empowerment Act (SCOPE), as well as any other Texas or Federal related laws for privacy and tech. This position will involve representing the State’s interest in civil matters and taking an active role in litigation of enforcement actions; initiative planning and execution for the State; monitoring legal developments; providing legal advice, counsel, and assistance; reviewing, evaluating, and rendering legal opinions; and drafting legislation or providing information for legislative consideration, as needed.
The Consumer Protection Division works to protect Texas consumers and the legitimate business community by investigating fraud and deceptive advertising, and filing civil lawsuits to enforce state and federal consumer protection laws. The Division has regional offices in Austin, Dallas, El Paso, Houston, and San Antonio. We provide a highly collaborative work environment where lawyers help one another while managing their own dockets as first and second chair from the initial stages of a case through resolution. The OAG seeks qualified, self-motivated candidates to manage cases from start to finish, including drafting civil investigative demands, motions and pleadings, discovery, and settlement, handling witness interviews, appearing at hearings, and more.
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, examinations under oath, and civil investigative demands.
- Litigates and supervises all phases of litigation from the inception of a case through discovery, motion practice and trial.
- Researches and analyzes complex factual and legal matters related to specific cases or issues.
- Provides legal advice, analysis, counsel and assistance to clients and management; and prepares related memorandum of findings, legal opinions, or recommendations as appropriate.
- Works with team members to develop and implement effective litigation and enforcement strategies.
- Oversees investigations and litigation and provides feedback and guidance to support staff, investigators, and attorneys.
- Evaluates proposed and enacted federal and state statutes, rules, and court decisions for their impact on the Office of the Attorney General and its enforcement of data privacy and consumer protection laws.
- Represents the Office of the Attorney General before state and federal trial and appellate courts.
- 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.
- Communicates with representatives of state and federal agencies, division personnel, and consumers.
- 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.
- 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: Six 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, with at least three or more years of courtroom experience in civil litigation matters.
- 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.
- 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.
- Strong organizational skills in handling multiple tasks, prioritizing, and meeting deadlines.
- Skill in effective oral and written communication.
- Skill in exercising sound judgment and effective decision making.
- 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.
- Proficient 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.
- 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 receive and respond positively to constructive feedback.
- Ability to work independently and also collaboratively in a team oriented professional office environment.
- Ability to review the work of attorneys and staff and to train attorneys and staff.
- Ability to provide excellent customer service.
- Ability to work in person at assigned OAG work location (Austin or Dallas), perform all assigned tasks at designated OAG workspace 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: Ten 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
- 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).
- Skills: complex litigation experience; jury trial experience; significant motion practice and deposition experience.
- Abilities: Proven ability leading teams; proven ability to work within a larger organization.
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
