Counsel, Litigation

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Job Summary

The Counsel, Litigation is responsible for providing defense for US litigation matters at CN. The role manages US litigation, including grade crossing accidents, employee injury claims (Federal Employers Liability Act (FELA) and Longshore claims), personal injury claims as well as auto, trespasser, and premises liability claims. The position responds to subpoenas, complaints and causes of action entered against CN's US subsidiary railroads, and provides oversight and direction to outside counsel regarding litigated claims. The incumbent is also responsible for developing and managing strategies for US FELA non-litigated cases, and collaborating with Risk Mitigation Officers and Managers.

Main Responsibilities

US Litigation

• Respond to law suits, claims, and subpoenas

• Hire and liaise with outside counsel to defend CN

• Collaborate with, provide legal and strategic advice and direction to outside counsel

• Work closely with Risk Mitigation to develop strong defense strategies and advance case theories

• Aid in investigating incidents and ensure correct preservation of evidence

• Analyze claims' monetary risks and set appropriate accruals

• Negotiate directly with opposing counsel to settle claims and law suits

• Participate in mediation and facilitation sessions

• Provide thorough analysis regarding potential liability and exposure

US FELA Non-Litigated Case Strategies

• Develop and manage strategies related to US FELA non-litigated cases

• Meet with Risk Mitigation Officers and Managers to assess liabilities and set estimated risks related to US FELA and other casualty non-litigated claims

• Provide legal advice and strategic direction to Risk Mitigation Officers and Managers

• React quickly and appropriately to major incidents that may result in substantial claims

• Visit scenes, secure important evidence, and protect involved employees from external entities

• Communicate with Operations and Human Resources regarding information relevant to claims against CN

Working Conditions

The role has standard working conditions in an office environment with a regular workweek with three days in the office and two remote. The incumbent must be available to work overtime hours and weekends when necessary. The role requires being available on-call 24/7 to respond to critical incidences. Due to the nature of the role, the incumbent must be able to meet tight deadlines, handle pressure and manage stress. The role requires minimal travel across the US (5%) to visit incident sites and meet with outside counsel.

Requirements

Experience

Personal Injury or Defense Litigation

• Minimum 5 years of personal injury or defense litigation experience

o Demonstrated experience taking multiple cases to jury trials

o Demonstrated experience as a skilled negotiator and mediator

o Experience working in the transportation, trucking, or railroad industry*

o Experience defending FELA cases*

• Any experience for these above would be considered as an asset

Education/Certification/Designation

• Degree in Law (Juris Doctor Degree)

• Member of good standing in the relevant State Bar

• Member of the Federal Trial Bar*

• Any designation for these above would be considered as an asset

Competencies

• Identifies risks and anticipates impacts to ensure a safe and secure environment

• Collaborates with key internal stakeholders to enable higher productivity

• Builds and maintains an internal network to support a better overall work experience

• Shows initiative and empowers others to raise CN's collective game

• Inspires others with impactful communications and adapts to the audience

• Initiates and drives organizational changes to enable business transformation

• Makes informed and timely decisions to get things done

• Influences by translating expertise into practical business outcomes

• Deals with pressure and change by staying calm to quickly adapt to changes

• Confidence and assertiveness

• Negotiates towards a win-win outcome while taking all points of view into consideration

• Any knowledge of French language would be considered as an asset

Technical Skills/Knowledge

• General Microsoft computer skills

• Knowledge of civil procedure rules and relevant court proceedings

• Awareness of evolving applicable laws

• Familiarity with legal research tools (e.g. Bloomberg, Lexis, Westlaw)

• Knowledge of FELA

• Knowledge of CN Operations*

• Any knowledge for any of the above would be considered as an asset

About CN

CN is a world-class transportation leader and trade-enabler. Essential to the economy, to the customers, and to the communities it serves, CN safely transports more than 300 million tons of natural resources, manufactured products, and finished goods throughout North America every year. As the only railroad connecting Canada's Eastern and Western coasts with the Southern tip of the U.S. through a 19,500 mile rail network, CN and its affiliates have been contributing to community prosperity and sustainable trade since 1919. CN is committed to programs supporting social responsibility and environmental stewardship. At CN, we work as ONE TEAM, focused on safety, sustainability and our customers, providing operational and supply chain excellence to deliver results.