General Counsel

Reporting to the President and CEO, the incumbent serves as the Association’s chief legal officer and is responsible for managing the legal affairs of the Association and its subsidiaries and affiliates. The position also oversees the Human Resources Department and MBA Opens Doors Foundation.

Areas of legal work include but are not limited to corporate law, corporate governance, not-for-profit restrictions, campaign law, lobbying disclosure, intellectual property, employee benefits, employment, leasing, litigation management, e-commerce, insurance, and antitrust. The incumbent implements regulatory compliance programs relative to MBA’s business transactions, dealings with its members, governance, and relationships with employees. The incumbent also manages the Association’s position in disputes, including the Association’s relationships with outside counsel. Incumbent also interprets and prepares legal documents and counsels MBA’s management, staff, and members (in connection with their MBA service) on legal matters.

Human Resources oversight includes, but is not limited to, recruitment, staff selection and retention; administration of the Association's benefits programs, employee evaluation, compensation programs, and payroll operations; implementation of legally required compliance policies and procedures; and management of the employee evaluation and disciplinary processes.

Opens Doors Foundation (ODF) oversight includes, but is not limited to, supervision of ODF President with respect to coordination of ODF/MBA resources, development of ODF budget, and execution of MBA management and ODF Board Director decisions.

MAJOR RESPONSIBILITIES

Counsels the Association’s management and staff on legal requirements and the most efficient ways to comply with applicable laws and the Association’s governance documents, including the bylaws of the Board of Directors and of the Commercial/Multifamily Board of Governors (COMBOG) and the Residential Board of Governors (RESBOG). The governance counseling function entails interpreting the applicable governance documents, drafting appropriate amendments, and suggesting changes in procedures, as appropriate. Attends and drafts the minutes of meetings of the Board of Directors. Works with the Nominating Committee Directors to assure an orderly nominating process under the bylaws. Monitors meetings of the governance bodies and various committees to promote compliance with the antitrust laws. Attends meetings of the MBA Audit and Investment Committees.

Is responsible for protecting the legal rights of the Association and for helping to assure that the Association, regarding its own operations and those of any subsidiaries or affiliates, complies with all applicable laws. Incumbent also manages a copyright and trademark protection program to protect the Association’s intellectual property. Incumbent works with Human Resources staff to develop and maintain policies and procedures consistent with laws relative to employment and employee benefits matters. In addition, incumbent reviews any annual or similar reports, and other communications identified for legal review by the President and CEO, or other members of the Senior Management Team and supplies appropriate disclaimers and other advisories. Provides education and guidance to Association staff and association members on the antitrust laws. Also provides education to staff on the Federal Election Campaign Act and the Honest Leadership and Open Government Act, among other statutes, as part of an ongoing regulatory compliance program.

Oversees management of the Human Resources Department, led by the Vice President of Human Resources. The Human Resources Department staff advises MBA’s managers on technical employment relations and general management concepts; and directs the planning, organization, administration, and evaluation of all HR programs including recruiting, selection, compensation and benefits, compliance, planning, administration, employee relations, EEO, growth and development of staff, and organizational design and development.

Serves as Corporate Secretary of the Opens Doors Foundation and provides, within the MBA structure, legal and corporate services to it.

Oversees management of the staff of the Opens Doors Foundation.

Counsels and consults with the Association’s members and Association staff involved in proposed or pending litigation of potential industry-wide effect. Provides strategic direction on amicus briefs and, with Regulatory Counsel, provides a substance review of all amicus briefs filed by the Association.

Advises Operations staff on lease matters, or coordinates with outside counsel, as appropriate.

Provides legal support for the expansion of MBA’s for-profit and non-profit activities including providing legal support for the Mortgage Industry Standards Maintenance Organization, (MISMO) in its corporate and business activities.

Manages the Legal Department, consisting of one staff attorney and a legal assistant.

Responsible for administrative matters relating to the Board of Directors and Chair appointments.

Performs all duties necessary and incidental to the foregoing and such other activities as the President and CEO may assign or authorize.

SPECIFICATIONS:

Requirements include a JD from an accredited US law school, bar admission in good standing, 15 years of relevant experience. Has experience with corporate legal practice, including corporate governance; employment law compliance; leasing; and drafting and negotiating contracts. Familiarity with federal campaign law and antitrust law from an association perspective is preferred. Preferable but not required is experience with the federal legislative process and regulatory proceedings; experience with Federal banking, housing and financial regulations; knowledge of administrative law and legislative processes; and experience with regulatory agencies and/or trade associations.

Ability to critically analyze issues and transactions and to communicate legal advice clearly and concisely with creative, problem-solving approaches. Possesses strategic, legal research and writing skills; extremely well developed oral and written communication skills; and the ability to build relationships and effectively counsel across all levels of the association. Ability to manage numerous issues across multiple substantive areas and set priorities independently.

All qualified applicants will receive consideration for employment without regard to race, sex, color, religion, sexual orientation, gender identity, national origin, protected veteran status, or on the basis of disability.