Experience: 4 + Years
Education: High School/Secondary
Employment Type: Full Time Salaried Employee
Location: Houston, Texas, United States
No location/work authorization restrictions found.
The Legal Counsel - Bankruptcy & Credit is accountable to the Bankruptcy Team Lead for the conduct and management of bankruptcy and credit matters, including litigation or disputes arising out of insolvency events involving counterparties for all Group companies and businesses within the United States. The role may also be accountable for supporting and advising on bankruptcy and credit issues and best practices for Group companies and businesses in other countries where such advice and support is warranted.
Among other things, the successful candidate will be expected to perform the following tasks:
- Pursue interests of all lines of business in bankruptcy cases to mitigate risks to the overall organization and achieve the best outcome at an enterprise level.
- Develop tools and processes necessary to guide Shell businesses through the bankruptcy process to minimize and mitigate Shell losses.
- Assist in the development of tools and protocols for Shell businesses to proactively manage threatened bankruptcy risks with counter-parties in multiple jurisdictions and where regulations and rules are complex and frequently changing.
- Participate in periodic (i.e., quarterly, bi-annually) stakeholder engagements by business unit or otherwise regarding insolvency issues concerning customers and counterparties.
- File claims, defend against threatened objections, and negotiate out of court resolutions in cases involving great sensitivity and financial impact to the business.
- Negotiate pre-litigation demands related to preferences, fraudulent transfers, and other causes of action common in bankruptcy litigation.
- Monitor developments in bankruptcy cases in which a Shell entity is a party in interest.
- Develop model contract language for use by Shell companies with third parties around credit and bankruptcy protection issues and advise on language contained in agreements to deliver required risk allocation and avoid pitfalls of dealing with counterparties operating in or around the zone of insolvency.
- Design and implement training programs for businesses and functions related to insolvency issues.
- Provide proactive and reactive advice as counterparties approach the zone of insolvency or file bankruptcy petitions and create opportunities for business improvement and the ability to anticipate potential impacts and implement preventive measures.
- Provide specialized advice and counsel with secured transactions ensuring interests are protected and investment value is preserved.
- Accountable for engaging and managing external counsel on bankruptcy and credit issues if/when necessary, including oversight of budgeting and external spend issues.
- Set strategy with outside counsel in enforcement or defense of bankruptcy and creditor rights/obligations in all phases of the process.
- Participate in the reporting of significant bankruptcy and credit risks, including advising on financial provisions and disclosures.
The following dimensions are also associated with the role:
- Ensuring consistent, specialized bankruptcy advice while demonstrating knowledge of US lines of business.
- Increasing strategic and proactive approaches in handling pre-bankruptcy issues and bankruptcy cases to enhance the priority of Shell's claims, mitigate exposure, avoid litigation, and circumvent bankruptcy filings where possible.
- Developing and delivering after action reviews to ensure learnings and best practices from one line of business is adopted and applied seamlessly in others.
- Creation and implementation of best practices, efficient notification processes, case tracking tools, and other resources to guide the business through bankruptcy cases and insolvency issues in the US and exporting to other countries where feasible.
- Support Portfolio and New Energies teams in asset purchase transactions, where required.
- Drive ethics and compliance in engagements with counter parties, US Trustees and other government officials who work in the insolvency area.
Shell is a global group of energy and petrochemicals companies with over 90,000 employees in more than 70 countries and territories. In the US, we have operated for over a century and are a major oil and gas producer onshore and in the Gulf of Mexico, a recognized innovator in exploration and production technology, and a leading manufacturer and marketer of fuels, natural gas and petrochemicals. We deliver energy responsibly; operate safely with respect to our neighbours and work to minimize our environmental impact. We are in search of remarkable people who will thrive in a diverse and inclusive work environment to deliver exciting projects locally and globally. People who are passionate about exploring new frontiers. Innovators and pioneers. People with the drive to help shape our future. Because remarkable people achieve remarkable things.
- Must have legal authorization to work in the US on a full-time basis for anyone other than current employer.
- J.D. from an accredited law school required.
- Minimum four (4) years experience as a bankruptcy lawyer in an external law firm, a corporate legal department or a combination of both.
- Licensed Attorney with good standing in Texas or another state in the United States - or can become immediately eligible to be admitted to the State Bar of Texas.
- Budgetary discipline and commerciality in dealing with internal business stakeholders and external counsel.
- Experience with contentious dispute resolution procedures and strategy.
- Outstanding strategic, communication, and stakeholder management skills.
- Ability to partner effectively with other departments, playing a support role where needed to deliver networked performance.
- Ability to think creatively in difficult circumstances and under time constraints.
- Ability to deliver results through and influence others without formal authority.
- Demonstrated leadership ability.
Please note: We occasionally amend or withdraw Shell jobs and reserve the right to do so at any time, including prior to the advertised closing date.
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