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Senior Privacy Attorney



Columbus, OH, USA
Posted on Wednesday, November 15, 2023

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Job Summary

This in-house counsel role is part of the Bread Financial Retail Services’ Legal Department, a collaborative and dynamic team providing strategic legal advice in support of banking (including credit and deposit products), loyalty and marketing solutions, transactions, legislative affairs, and litigation matters. The Senior Counsel – Legal is an Attorney with a subject matter expert within a practice area (Privacy & Protection), and may lead a subgroup of a practice area; is the substantive legal authority for a subject matter(s) covered and may have additional operational duties within a practice area. The Senior Attorney is responsible to SLT groups and Legal Department members for legal direction in the context of a practice area. The Senior Attorney assists Managing Counsel in creating policies for a practice area within the Legal Department and, when needed and to the extent appropriate, stands in for Managing Counsel. This role is expected to be a senior member of a practice area, and possible lead other practice area members.

Job Description

Essential Job Functions

Legal Counsel - Provide legal advice as to issues within a practice area of complex level and wide-ranging impact with minimal oversight and input from Managing Counsel and General Counsel. Primary advice to SLT with occasional advice to EC/OC. Exhibit comfort and capability in all levels of Executive Management on legal, transactional, litigation, and regulatory issues within a practice area. Legal advice is applied in proper context of increasingly complex business situations presented with limited oversight and input from Managing Counsel and General Counsel.

Impacts of Legal Advice - Counsels SLT Members (EC/OC as needed) on practice area issues; Supports Managing Counsel’s representation of Banks and Affiliates; Supports Managing Counsel’s interactions with Regulators; Handles issues significant to supported business units within EC/OC Towers specific to legal practice area; Provides input to Managing Counsel on policy and strategy in practice area and influences strategic direction of practice area; Influence supported business units within EC/OC Towers business strategy in the context of practice area legal issues; Comprehends, plans, and advises on business unit within EC/OC Towers risks and effects of legal decisions, with a firm understanding of Bread Financial-wide impacts.

Participation and Influence - Participates in and influences decisions within supported business units within EC/OC Towers from the perspective of practice area; Primary legal support of business units within OC/EC Towers and corresponding business functions.

Strategy - With input from Managing Counsel, forms legal strategy for supported business units within EC/OC Towers; As applicable, responsible for strategy of Legal Department practice area subgroup; Responsible to coordinate strategy and operations between practice areas subgroups.

Leadership - Provide a decision and escalation point for more junior attorneys within practice area (i.e., Director/Counsel, Senior Associate Counsel, and Associate Counsel); Is thought leader in area of expertise and may lead subgroup within practice area within Legal Department both substantively and operationally; Capable of leading cross functional teams to accomplish business unit or EC/OC Tower objectives; Leads more junior attorneys within practice area and mentors/trains more junior attorneys and staff within practice area. May manage subgroup budget within practice area and provide input to practice area budget. Manage outside counsel used to support practice area.

Bank and Regulatory Specific - Advise senior business leaders on increasingly complex legal and regulatory compliance, business, and industry risks arising from the company's varied consumer credit, deposit and consumer loyalty program offerings (from product development to underwriting to operations and servicing with a strong emphasis on operations support). Liaise with in-house transactional attorneys and provide consultative advice as they negotiate complex agreements with business partners. Interpret laws, rulings, regulations, consent orders and other regulatory guidance impacting the banks, their affiliates and their stakeholders with primary focus on federal consumer lending and protection laws such as TILA / Reg Z, ECOA / Reg B, FCRA / Reg V, FDCPA, GLBA / Reg P, SCRA/MLA, UDAAP, TCPA, BSA/AML as well as state law counterparts. Certain roles may also require interpretation and understanding on federal and state banking laws and regulations applicable to Delaware and Utah state-chartered banks regulated by the FDIC and CFPB.

Due Diligence - Provide legal counsel on new business or product initiatives, issues management, business and compliance policies and operating procedures, training materials and escalated complaints. Review, analyze and track legislative and regulatory activities specific to banking, deposits, and unsecured consumer lending. Additional responsibilities could include assisting in regulatory liaison activities as well as portfolio acquisition and divestiture due diligence activities as well as providing Bank Secrecy Act / AML support.

Litigation Specific - Serve as leader on litigation matters at levels of complexity, risk and/or dollar value greater than that overseen by lesser positioned attorneys. Independently manage litigation and outside counsel at ever increasing levels. Assist Managing Counsel in setting policy and procedures. Able to manage staff and more junior attorneys. Able to represent team to senior management on consistent basis and contribute to risk assessments stemming from litigation.

Business Transactions Specific - Manage substantive legal function for transactions by subject matter expertise within transactions practice area. Lead internal transactions teams which may include EC/OC/SLT. Lead (with minimal input or supervision) the negotiation and preparation of complex agreements, including client agreements, M&A agreements (including the acquisition and dispositions of credit portfolios), AR sales, strategic partnership agreements, and/or a wide variety of vendor agreements for critical engagements and relationships. Understand business objectives and provide legal and business advice in the context of those business objectives. Properly assesses legal and business risks in handling complex transactions. Conduct contractual analysis in the context of laws, rulings, and regulations impacting Bread Financial. Coordinate and execute large scale contract research projects and implementation of strategy with respect to completed research.

Reports to: Head of Legal

Working Conditions/ Physical Requirements: Normal office environment.

Required to work from the office at least 6 days each month even if hired into a work-at-home or hybrid role; in-office work requirement can be accomplished by working from a Bread Financial office, a client location if you are in a client-facing role, or other necessary business-related travel.

Ability to travel 25% of time if not located near Bread Financial office

Direct Reports: 1-3

Minimum Qualifications:

Juris Doctorate Degree

Active & Valid State License

Eight years or more years of consumer credit regulatory experience with a large law firm or large corporate legal department. Privacy & Protection legal expertise.

Preferred Experience:

Substantial credit card regulatory background. Privacy & Protection legal expertise.

This job description is illustrative of the types of duties typically performed by this job. It is not intended to be an exhaustive listing of each and every essential function of the job. Because job content may change from time to time, the Company reserves the right to add and/or delete essential functions from this job at any time.

Typical Starting Range:

$152,500.00 - $326,700.00

Full Salary Range for position:

California: $175,400.00 - $408,500.00

Colorado: $152,500.00 - $343,100.00

New York: $167,700.00 - $408,500.00

Washington: $160,100.00 - $375,800.00

The actual base pay within this range may be dependent upon many factors, which may include, but are not limited to, work location, education, experience, and skills.

Bread Financial offers medical, prescription drug, dental, vision, and other voluntary benefits (including basic and optional life insurance, supplemental medical plans, and short and long-term disability) to eligible associates (regular full-time associates scheduled to work 30 hours per week or more) and their spouses/domestic partners, and child(ren) under the age of 26. New associate elected coverage begins on date of hire (with the exception of disability coverage which has a 6-month waiting period). Six weeks of 100% paid parental leave for eligible parents is available after a 180-day waiting period. Hired associates can immediately enroll in Bread Financial’s 401(k) plan.

All associates receive 11 paid holidays. Associates have discretion in managing their time away from work through the Flexible Time Off (FTO) program and may need to notify and receive approval from their manager prior to taking the time off. Associates receive 80 hours of Paid Sick and Safety Time per calendar year at the beginning of each year and is prorated in the associate’s first year of employment.

Hired associates will be able to elect to purchase company stock during offering periods in June and December. You will be eligible for an annual incentive bonus based on individual and company performance.

Click here for more Benefits information.

About Bread Financial

At Bread Financial, you’ll have the opportunity to grow your career, give back to your community, and be a part of our award-winning culture. We’ve been consistently recognized as a best place to work in many markets and we’re proud to promote an environment where you feel appreciated, accepted, valued, and fulfilled—both personally and professionally. Bread Financial supports the overall wellness of our associates with a diverse suite of benefits and offers boundless opportunities for career development and non-traditional career progression.

Bread Financial is a tech-forward financial services company providing simple, personalized payment, lending and saving solutions. The company creates opportunities for its customers and partners through digitally enabled choices that offer ease, empowerment, financial flexibility and exceptional customer experiences. Driven by a digital-first approach, data insights and white-label technology, Bread Financial delivers growth for its partners through a comprehensive product suite, including private label and co-brand credit cards, installment lending, and buy now, pay later (BNPL). Bread Financial also offers direct-to-consumer solutions that give customers more access, choice and freedom through its branded Bread Cashback American Express® Credit Card and Bread Savings products.

Headquartered in Columbus, Ohio, Bread Financial is powered by its 7,500+ global associates and is committed to sustainable business practices.

  • Bread Financial offers competitive pay, a comprehensive selection of benefit options including 401(k).
  • The Company is an Equal Opportunity Employer.
  • Any applicant offered employment will be required to establish that they are legally authorized to work in the United States for the Company.
  • The Company participates in E-Verify.
  • The Company will consider for employment all qualified applicants, including those with a criminal history, in a manner consistent with the requirements of all applicable federal, state, and local laws, including the Los Angeles Fair Chance Initiative for Hiring Ordinance, the San Francisco Fair Chance Ordinance, and the New York City Fair Chance Act. Applicants with criminal histories are encouraged to apply.

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