General Counsel and VP Legal - Keolis America

Knowledge and Experience:

• Juris Doctorate and admission to practice in at least one U.S. State (Massachusetts preferred but not required)
• At least fifteen (15) years of legal experience and more than (7) years as a General Counsel in a relevant environment
• Overall broad legal knowledge (public law, corporate law, litigations, M&A, labor law)
• Experience in government contracting in a regulated industry
• Broad experience in complex commercial transactions and contract negotiations
• Familiarity with claims handling and litigation management
• Experience in the development of business processes focused on driving efficiencies
• Experience advising on labor relations and collective bargaining negotiations preferred

Skills:

• Demonstrated ability to develop legal strategy and objectives
• Excellent judgement and analytical skills
• Well-versed in how business operates with financial acumen
• In-depth understanding of how legal issues affect organizations
• Strong interpersonal and communication skills. Excellent English verbal and written communication skills
• High degree of professional ethics and ability to work in a confidential manner
• Demonstrated ability to work hands-on with personnel across various levels within the organization, working collaboratively and cross-functionally
• Exceptional organizational skills, precise attention to detail, ability to manage multiple priorities and track extensive details / filing histories
• Ability to present complex concepts in an understandable and concise manner
• Ability to anticipate legal issues or risk

Key Accountabilities:

Legal Governance and Support

• Partner with internal business units to identify and mitigate risk while supporting revenue generation leads management of the Region’s Company’s legal affairs by providing legal analysis, strategy and solutions for all business activities and teams in a legally sound manner that balances risks with achievement of business goals and objectives.
• Key advisor to main stakeholders: executives, leadership, management, and business teams on legal matters such as legal rights, risk management, compliance and new and existing laws that could impact the business
• Provide legal research, insight, evaluation, guidance, and basic business acumen for transactions, new business areas and business planning
• Create, review and maintain contract forms and tools for all businesses and provide education and support to business teams on use
• Resource for negotiation, structuring, preparation, review and advice on transactions, financing, consultant/vendor, and all other contracts and legal documentation and matters for company
• Advise the main stakeholders in a business mindset manner in context of legal issues as they arise, in new projects, litigations and transaction matters to allow managers to manage issues directly
• Oversee and maintain corporate responsibilities for the region to ensure that legal requirements are met in accordance with shareholders’ and managements’ objectives
• Leads formation and corporate governance for all entities
• Responsible for keeping all Corporate records current and accessible
• Responsible for compliance with government agencies, annual information statements and miscellaneous filings related to Companies’ business activities
• Serve as Secretary or Assistant Secretary to assigned entities, promulgating minutes and resolutions regarding corporate acts and decisions
• Maintain and manage organizations’ intellectual property, including corporate trademarks and service marks, name filings, and licenses
• Ensure compliance of the Region governance process
• Oversee and manage a small team of legal professionals
• Build thoughtful and productive relationships with corporate and local site management to ensure effective communications across the organization
• Train and educate internal stakeholders on relevant legal matters that impact the transit industry and government contractors in the U.S.
• Provide occasional guidance and support to other Groupe attorneys outside of the U.S.
• Effectively manage external counsel and control outside legal spend

Organic Development/Acquisition and specific transactions

• Actively leads the legal documentation to support, enable and assure all organic development (tender responses), acquisitions and other growth-related transactions, providing legal insight, evaluation and basic business acumen for these transactions
• Support business development team on RFP review, proposal preparation, and post-award contract negotiations
• Be part of the team to evaluate potential deal structures, providing legal impact insight and basic business acumen to the ideas being considered
• Efficiently uses internal and outside resources to lead legal aspects of transactions from the preparation of all required legal documentation, through due diligence, and closing
• Ensure the protection of confidential business information uniquely in the context of government public/open records laws

Contractual Management

• Custodian for the Contract Management process for the region in coordination with the EVP Strategy Risk and Performance (EVP SRP) and Chief Operating Officer
• Oversee organizational contract development and management activities and enforce organizational principles of integrity and contract compliance
• Participate in contract strategy meetings to identify issues and client requirements, input to pricing discussions, and obtain senior management input on timelines and deliverables
• Input to reviews of the main customer contracts to assure the compliance level of the both parties, to mitigate any deviations and follow-up the action plan with the executives and the management team
• Setup the tools, the process, the coaching, and the training to ensure the best of breed process of contract management in the region. Update the executive team on the main issues and the progress made in terms of contract management and the actions taken to improve it
• Input to reviews of contractual performance of both parties to ensure compliance with terms and to identify conflicts or changes requiring resolution at contract renewal. Develop and execute negotiation strategies that optimize the benefit of the organization. Engage relevant stakeholders in negotiation decisions involving legal or regulatory requirements, contract standards and cost targets

Ethics and Compliance

• Develop, design, and implement ethic and compliance policies and procedures, consistent with law (federal and state-specific), in close collaboration with the executive and management team and with the Keolis Group
• Advise management on the region’s compliance with laws and regulations. Create and manage effective action plans in response to audit discoveries and compliance violations
• With the help of the Internal Audit, support the audit of company policies, procedures, practices, and documents to identify possible weaknesses or risk
• Identify, monitor, and communicate changes to federal, state, and local laws, and case law for impact to the business team and associated services
• Provide solution recommendations when changes in laws or trends affect how the advisory business may be transacted

Insurance, Claims and Risk Management

• In partnership with the VP Insurance Claims and Risk, the CFO and business leaders, and the Senior Counsel, Litigation Management, ensure insurance claims, customer complaints, disputes and litigation are managed in order that risks are balanced with achievement of business goals and objectives
• Direct/support litigation, external dispute resolution, legal collections efforts
• Support the CFO on the evaluation and acquisition of insurance for the region and the business units
• Provides general guidance and support to business leaders to help manage risk

Team Leadership and Cross Organizational Collaboration

• Setup the appropriate organization to ensure the compliance and accuracy of all General Counsel Service Delivery work
• Coaches and motivates diverse and highly skilled team members to optimize team effectiveness and enhance team interactions
• Oversee the supervision of assigned personnel, which includes hiring, work allocation, training, and problem resolution; evaluates performance and makes recommendations for personnel actions; motivates employees to achieve peak productivity and performance

Operation and Safety Support

• Provide proactive legal guidance and risk assessments to ensure compliance with Federal, State and local regulations affecting operations at the local level
• Collaborate with operations and safety teams to develop, implement, and enforce policies that promote workplace safety and minimize liability and exposure
• Support incident investigation and crisis management efforts by advising on regulatory reporting and protection of confidential information

Human Resources and Labor Matters

• Assist HR professionals in the evaluation of routine employment matters, including FMLA and other protected leave requests
• Provide guidance to local HR teams related to routine site activities, including policy implementation, employment disputes, workplace unrest and other related matters that are specific to unionized workforce
• Support the Director of Labor relations as needed in the review and enforcement of collective bargaining agreements

Additional Statements:

• Drug and alcohol screening: Employment contingent upon passing pre-employment drug and alcohol screen. Also, contingent upon receiving a favorable background check. Must pass a physical examination
• Safety commitment: Safety is a way of life at Keolis. By placing safety first, we ensure the wellbeing of our employees, customers, and communities. Together we can become the most successful transportation company in the world
• Environmental commitment: Keolis is committed to protecting the environment by minimizing the impact of operations to our people and the communities in which we operate
• EEO statement: Our policy is to afford Equal Employment Opportunity to qualified individuals regardless of their race, color, sex, religion, age, creed, marital status, national origin, ancestry, physical or mental disability, sexual orientation, or gender identification. We maintain a drug-free workplace and perform pre-employment substance abuse testing
• Disclaimer and closing statement: The above statements are intended to describe the general nature and level of work performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of employees assigned to this job. Keolis is committed to offering our employees competitive compensation and benefits, opportunities for development and growth throughout an exciting and rewarding career, and the safest work environment possible.