Director of Legal & Risk

June 24, 2015

The Director of Legal & Risk – Canada (DLR-C) is based out of NextGear Capital Corporation’s corporate office in Mississauga, Ontario, Canada. Key responsibilities include, but are not limited to: advising business units including risk, recovery, lending, marketing, and human resources; managing litigation being handled both in house and by outside counsel; and contract negotiation and review. The DLR-C’s objectives are to 1) mitigate risk exposure through effective analytics, 2) minimize losses through efficient negotiations and collections, and 3) execute corporate directives through sound portfolio and personnel management.

Primary Duties and Responsibilities

Portfolio Management – At the market, regional and corporate level, the DLR-C will review, analyze, and identify exposure trends. Those identified trends will be used to formulate short and long term risk strategies.  Refine and revise risk analytics and scoring models as portfolio behavior and economics dictates.  Work cooperatively with VP Legal, General Counsel, senior management, field employees, and other departments to provide timely responses to potential and/or pending legal questions and issues concerning:

•  Employment law
•  Contract review and negotiation
• Marketing material review and drafting legal disclaimers
• Training material review
• Subpoena compliance
• Discovery and document production management
• Regulatory compliance, including compliance with privacy laws and Canada’s Anti-Spam Legislation (CASL)
• Internal investigations and due diligence
• Secured Transactions/Creditors’ Rights
• Lending/Collection (consumer and commercial related issues)
• Bankruptcy filings by dealers and guarantors

Report to VP Risk and VP Legal all litigation and legal issues facing the company, as well as all material risks and exposures threatening the company.   Manage a caseload of collection litigation geared towards maximizing the company’s recoveries on default accounts.  Advise Risk personnel concerning settlement strategies and litigation options.  Manage the day-to-day operations of the Risk team, including encouraging the team members’ professional development through feedback and coaching.  Create and revise policies and procedures as necessary.  Review Collection Management Reports for quality, accuracy and substance.  All other duties as assigned by Company.

Job Description

Core Skills and Knowledge:

•  Refined skills of negotiation and conflict resolution
•  Refined skills of loss prevention and collections
•  Ability to motivate subordinates
•  Highly organized, with a demonstrated ability to manage people, projects, and deadlines
•  Creativity, ability to take an idea from concept to completion
•  Contract drafting and review
•  Knowledge of secured transactions laws and the Personal Property Security Act (PPSA)
•  Knowledge of collection and bankruptcy law in Canada, including Quebec
•  Basic understanding of floor plan financing
•  Ability to manage outside counsel effectively
•  Insurance, regulatory and corporate compliance
•  Strong preference will be given to bilingual candidates fluent in English and French

Experience and Education Requirements

•  5+ years collection experience required (commercial/auto loan collection experience preferred)
•  Current license to practice law required, must be admitted to practice law in Ontario
•  Minimum of 2 years relevant legal experience in a law firm and/or corporate legal department
•  Previous litigation experience required; trial experience preferred
•  Previous experience with employment law, creditors’ rights, and collections required

Work Environment:

•  Office
•  Some travel is anticipated

Disclaimer:

The posting is intended to describe the general content of and requirements for the performance of this job. It is not to be construed as an exhaustive statement of duties, responsibilities or requirements.

To apply to this position, please send your resume to Sheri Finley , or find our position online.