Senior Counsel, Risk

Legal at Brex

The Legal team helps the company grow responsibly, advocating for Brex and for the thousands of growing businesses we serve. We provide strategic advice and guidance to all Brex teams, protect Brex, advise on risk, and represent the company externally, negotiating with partners and interacting with regulators. Reimagining the financial system in a highly regulated environment requires creativity and resourcefulness, and we welcome the challenge.

Where you’ll work

This role will be based in our San Francisco office. We are a hybrid environment that combines the energy and connections of being in the office with the benefits and flexibility of working from home. We currently require a minimum of three coordinated days in the office per week, Monday, Wednesday and Thursday. As a perk, we also have up to four weeks per year of fully remote work!

What you'll do

As Risk Counsel, you will own the legal response to the moments that matter most: disputes, incidents, collections, and regulatory inquiries. You will be the connective tissue between Legal, Compliance, Risk, Operations, and our product teams when things go wrong, and you will drive them to resolution. Specifically, you will:

• Manage pre-litigation matters end to end, including demand letters, disputes with customers, vendors, and counterparties, and early case assessment, working with outside counsel where escalation is warranted
• Lead the legal resolution of account and funds ownership disputes, including competing claims to accounts, deceased or dissolved account holders, business partner separations, and interpleader-adjacent scenarios
• Oversee the legal side of collections on delinquent commercial card and lending balances, including strategy for escalated accounts, engagement and management of collections agencies and outside counsel, and ensuring collections practices comply with applicable law and our bank partner requirements
• Manage bankruptcy matters involving Brex customers and counterparties, including proof of claim filings, automatic stay compliance, preference and clawback exposure, and coordinating recovery strategy in Chapter 7 and Chapter 11 proceedings
• Serve as legal lead on incidents across the company, from intake through root cause, coordinating cross-functional response and ensuring privilege is appropriately established and maintained
• Drive remediation programs arising from incidents, including scoping affected customer populations, structuring remediation approaches, and documenting completion
• Own legal review and strategy for customer outreach connected to incidents and remediations, including notification content, timing, and channel decisions
• Prepare and manage responses to regulatory inquiries, examinations, and information requests related to incidents, disputes, and remediation matters, in partnership with Compliance and our bank and broker-dealer partners
• Supervise responses to subpoenas, civil investigative demands, and other third-party legal process served on Brex, including intake, objections, negotiation of scope, coordination of document collection and production, and customer notice where required
• Build and improve playbooks, escalation frameworks, and reporting so the company handles recurring dispute, collections, and incident types consistently and quickly
• Advise product, operations, and support teams on reducing dispute and incident risk upstream

Requirements

• Juris Doctor (JD) and active bar membership in good standing of at least one U.S. jurisdiction
• 6+ years of experience as an attorney, including at least 3 years focused on one or more of the following: litigation or commercial disputes, creditors’ rights or collections, bankruptcy, regulatory investigations or enforcement, or incident response
• Experience owning pre-litigation disputes end to end, including demand letters, early case assessment, and deciding when to bring in outside counsel
• Working knowledge of the regulatory landscape applicable to fintech, such as state money transmission, UDAAP, Reg E and Reg Z, BSA/AML, and bank partnership models 
• Demonstrated ability to run a high-volume, high-stakes docket independently, with excellent judgment on what to resolve, what to escalate, and what to fight
• Strong drafting instincts for customer-facing and regulator-facing communications, where precision and tone both matter
• A calm, structured approach under pressure and a bias toward action and clear ownership
• Low ego, high accountability, and comfort operating cross-functionally with Compliance, Risk, Operations, and Engineering, Product & Design

Nice to have

• 3+ years of experience as an in-house attorney at a fintech, bank, broker-dealer, or payments company
• Experience responding to bank regulatory examinations or inquiries, including from the OCC or the Federal Reserve
• Broker-dealer regulatory experience, such as responding to FINRA or SEC examinations and information requests, handling FINRA customer arbitrations and complaints, Rule 4530 reporting, or advising on SEC enforcement inquiries and subpoenas
• Experience managing collections agencies or recovery counsel, including recovery strategy in Chapter 7 and Chapter 11 proceedings
• Experience with account ownership and beneficiary dispute frameworks
• Experience managing subpoena and third-party legal process response, including under RFPA, GLBA, and similar financial privacy frameworks

Compensation

The expected salary range for this role is $270,000 - $335,000 USD.  However, the starting base pay will depend on a number of factors, including the candidate’s location, skills, experience, market demands, and internal pay parity. Depending on the position offered, equity and other forms of compensation may be provided as part of a total compensation package.

Brex LLC is a wholly owned subsidiary of Capital One, N.A.