Senior Staff Attorney
State of Nebraska

Description
This position will be the primary legal counsel to the Department of Banking and Finance's new digital assets team which is implementing, and will regulate, the Financial Innovation Act enacted in 2021. This new position will also work closely with the Department's Money Transmitters Counsel and Financial Institutions Counsel, and will analyze applications, questions of law, and issues related to digital assets, money transmitters, and depository financial institutions. The position will draft numerous documents, including rules, guidance documents, forms, procedures, legislation, orders, and agreements; perform research in the digital asset, fintech, cryptocurrency, and related areas of law; and monitor federal and other states' legislation and regulations impacting these areas. This position will respond to customer complaints and to inquiries from the industries and public; undertake investigations based upon complaints and examinations; and may initiate appropriate administrative action and recommend initiation of civil and criminal cases. This position may be understaffed according to experience level.

Pay for Attorney I is $ 22.769 per hour. Pay for Attorney II is $ 26.316 per hour. Pay for Attorney III is $32.213 per hour. 5% salary increase upon successful completion of initial probation period.

We offer an excellent total compensation package including: 13 paid holidays; vacation and sick leave; State-matched retirement plan; health, dental, vision, and life insurance options! Treating others with dignity & respect - ethically sound - customer always the priority. Sound like you? This might be your perfect fit!

*Applicants that have graduated from law school in the last three years, please attach law school transcript and a writing sample to your application.

Job location is 1526 K Street, Downtown.

Hours: 8-5, Monday - Friday...flexible schedule
Examples of Work
• Primary legal counsel for matters relating to implementation and ongoing regulation of digital asset depository institutions and digital asset departments in banks under the Financial Innovation Act, enacted in 2021. Assist in the development of the Department's digital asset strategy.

• Analyze the Financial Innovation Act and perform research in the digital asset, fintech, cryptocurrency, and related areas of law. Advise the Director, Deputy Director - Financial Institutions, Review Examiner, and other attorneys of analysis and research, and recommend action.

• Review and monitor new federal legislation and regulations impacting the digital assets industry. Advise Director and staff as appropriate and recommend action. As necessary, draft proposed legislation, agency policies, and other administrative materials to implement federal mandates. Review and monitor other states' action in the digital assets area and advise Director and staff as appropriate.

• Responsible for all aspects of promulgation of digital assets rules for the Department, including initial and final drafting of the rules and all documents required by the Governor's Policy Research Office and state law for promulgation of agency rules; serve as counsel at rules hearings.

• Draft, review, and finalize (or assist in drafting, reviewing, and finalizing) guidance documents, forms, internal procedures, and other legal documents for the implementation of the Financial Innovation Act.

• Work in conjunction with the Department's Money Transmitters Counsel and the Department's Financial Institutions Counsel in analyzing applications, questions of law, and issues related to money transmitter licensees and depository financial institutions.

• Preparation of orders, consent agreements, memoranda, legislation, rules, motions, policy statements, interpretative opinions, correspondence, and other writings, relating to digital assets, money transmitters, and depository financial institutions. Assists with review of all such documents for all areas under the jurisdiction of the Department.

• Respond to consumer and industry inquiries in the digital asset, money transmitter, and depository financial institution areas of the Department.

• Work with Department Deputy Director - Financial Institutions, Review Examiners, examination staff, and counsel in review and follow-up on violations of law and rules and regulations, Suspicious Activity Reports, application issues, legal issues, and investigations relating to the digital assets, money transmitter, and depository financial institutions areas, and assist as assigned in like duties related to other licensees and registrants under the jurisdiction of the Department.

• Represent agency as counsel at administrative hearings involving the digital assets industry, and as co-counsel for hearings involving all areas of the Department. Serve as hearing officer at Department administrative hearings for all areas of the Department when appointed by the Director.

• Special projects as assigned by Director, Deputy Directors, and General Counsel.

• Driving on an occasional basis.
Qualifications / Requirements
REQUIREMENTS:
Attorney I: Graduation from an accredited school of law and admission to the Nebraska Bar.

Attorney II: One year of experience as an attorney practicing law and providing legal services such as preparing cases, advising clients, and/or interpreting laws or administrative policies.

Attorney III: Three years of experience as an attorney practicing law and providing legal services such as preparing and trying cases, advising clients, and/or interpreting laws or administrative policies.

PREFERRED: Juris doctorate degree from an accredited school of law. Five years' experience practicing law with at least three years in administrative, regulatory, or compliance work in consumer finance, general finance and/or securities law; litigation experience helpful.

OTHER: Must be licensed to practice law in Nebraska by start date in accordance with Section 7-101 of the Nebraska statutes, and admitted to the Nebraska Bar. Valid driver's license and evidence of vehicle insurance, or the ability to provide independent authorized transportation. Selected candidate must pass background check. No convictions of any felonies. No convictions of, and no no-contest pleas to, any misdemeanor involving fraud, theft, or bodily harm. Applicants that have graduated from law school in the last three years must attach law school transcript and a writing sample to your application.
Knowledge, Skills and Abilities
Knowledge of: The techniques of preparing/drafting of agency rules, legal documents and forms; judicial procedures and rules of evidence; the principles and practices of legal research; the procedures of trial and administrative hearings; the principles and practices of administrative law. Skills in: Performing legal research in new and highly complex bodies of law and making recommendations thereto; drafting various legal documents, rules, legislation, and forms; negotiating with public and other professionals, such as attorneys, institution officials, and licensees; analyzing and reviewing applications for charters and licenses and recommending approvals or denials to the agency Director; making oral arguments/presentations in adversarial and informational settings; litigation. Ability to: Prepare and communicate orally and in writing the facts and arguments of a case; interact with legal associates, other governmental employees, the public, regulated industries, and representatives of parties involved in a case; formulate legal opinions and recommendations based on legal research and investigations. Working knowledge of Microsoft Word and Excel. Must be able to meet deadlines, handle a large workload with limited supervision, and work as part of one or more teams.