Assistant Special Counsel, Office of Hearing Officers

The Assistant Special Counsel in the Office of Hearing Officers performs a variety of specific duties, generally applying advanced analytical skills to provide effective legal support to FINRA Hearing Officers in connection with the adjudication of disciplinary proceedings on a wide range of cases brought by FINRA’s Department of Enforcement against FINRA-registered firms and persons associated with FINRA-registered firms, as well as temporary cease and desist proceedings and a variety of other expedited proceedings against FINRA-registered firms and associated persons. The incumbent also provides high level support for the effective adjudication of disciplinary proceedings initiated by the New York Stock Exchange and other self-regulatory organizations against their members and associated persons. This is senior–level legal work in which incumbents are responsible for independently researching complex matters that arise in connection with the adjudication of proceedings within the Office of Hearing Officers (OHO).

Essential Job Functions:

• Serves as a legal advisor to Hearing Officers and attends hearings and pre-hearing conferences as requested, and participates in the adjudication process for disciplinary and expedited proceedings.
• Provides counsel in the determination of whether substantive violations of the federal securities laws, Securities and Exchange Commission rules and regulations, MSRB rules, FINRA rules, or other applicable self-regulatory organizations’ rules have occurred.
• Conducts legal research and prepares memoranda in connection with motions, evidentiary issues, hearings, and decisions.
• Manages case life cycle and hearing process. Coordinates with OHO staff, industry panelists, and parties as required.
• Reviews transcripts of hearings, exhibits and other evidence, as well as motions and briefs filed by the parties. Outlines and summarizes the significant points involved.
• Independently drafts well-written default and expedited decisions and orders in accordance with directions from Hearing Officers. Assists Hearing Officers with the preparation of draft decisions in complex disciplinary proceedings involving multiple respondents or multiple allegations.
• Prepares legal memoranda to advise hearing panelists on issues of law and procedure, compliance with FINRA’s Sanction Guidelines, and all other applicable legal requirements.
• Prepares and maintains policies, procedures, and manuals for different types of expedited and disciplinary proceedings.
• Participates in the rule-making process in connection with amendments to the Code of Procedure. Advises OHO staff and other necessary stakeholders on the impact of proposed rules and changes to procedures.
• Responsible for maintaining OHO’s legal research database, and updating research outlines relating to specific legal topics and sanctions.  
• Develops and initiates reports and communications as needed for Chief Hearing Officer and Deputy Chief Hearing Officer.

Other Responsibilities:

• Provides suggestions to increase efficiency and effectiveness of office procedures.

Education/Experience Requirements:

• A law degree and appropriately licensed to practice law in all applicable jurisdictions based on the relevant licensing requirements.
• Minimum of eight (8) years of litigation practice, including courtroom experience and the handling of pretrial matters, trials, and appeals. At least one year of experience at FINRA preferred.
• Requires an understanding of applicable law, current judicial interpretations, and an ability to analyze and advocate orally and in writing.
• Advanced oral and written communication and litigation skills. Proven experience in preparing legal memoranda, motions, and briefs, or equivalent.
• Advanced knowledge of laws, rules, and regulations relevant to litigation and the securities industry. Knowledge of federal securities laws, Securities and Exchange Commission rules and regulations, and self-regulatory rules is preferred.

Work Conditions:

• Normal office conditions.
• Travel required. Extended hours may be required.

For work that is performed in CA, CO, HI, MN, VT, IL, Jersey City, NJ, New York City, NY, MA, WA, MD, Washington, DC, NJ State and NY State, please refer to the chart below for the salary range for the corresponding location. In addition to location, actual compensation is based on various factors, including but not limited to, the candidate’s skill set, level of experience, education, and internal peer compensation comparisons.

CA: Minimum Salary $150,600, Maximum Salary $305,000

CO/HI/MN/VT*: Minimum Salary $131,100, Maximum Salary $254,000

IL*: Minimum Salary $144,000, Maximum Salary $279,500

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