Assistant Attorney General - Data Privacy

The Antitrust and Data Privacy Section of the Office of the Utah Attorney General has an immediate vacancy for an attorney to focus primarily upon Data Privacy law matters. The anticipated start date for this position is as soon as is reasonable, considering the successful applicant's current responsibilities.
The attorney will primarily practice Data Privacy law, but may be tasked with some antitrust matters as needed. Data privacy cases may involve enforcement of the Utah Protection of Personal Information Act and the Utah Consumer Privacy Act (once that act becomes effective on December 31, 2023). Antitrust cases may be brought under a combination of the Utah Antitrust Act and federal antitrust law and may include both enforcement actions and merger reviews. These are typically complex cases that involve extensive discovery and motion practice and require familiarity with federal and state procedural rules. The attorneys will work with the other attorneys and support staff in the Antitrust and Data Privacy Section, the United States Department of Justice, the Federal Trade Commission, other federal agencies, Assistant Attorneys general from other states, private counsel including class action counsel, and various types of experts. The job requires occasional travel.
Ideally, this position would be filled with an attorney who has five or more years of litigation experience, though the position may be filled with more or less experienced attorneys. For a more experienced attorney, significant relevant trial experience is desirable, but not required. Experience in the practice of Data Privacy law, or similarly complex litigation (e.g., MDL practice) is desirable, but not required. In addition to Data Privacy law knowledge and relevant trial experience, preference will be given to an applicant with formal education (e.g. an LLM), or completion of recognized training (e.g. CIPP certification), in data security and management.
Membership in the Utah State Bar in good standing is required prior to completing probation; membership in good standing in the bar of a State or territory of the United States is required for probationary employment. The position is located in Salt Lake City, Utah. Telecommuting is permitted in accordance with established office policies as modified from time to time. Candidates are expected to reside in Utah by the end of the probationary period but may request permission to reside outside of Utah on a case-by-case basis.

• Actively participates in complex cases, including managing specific aspects of such cases
• Prepares cases by conducting legal research and gathering evidence.
• Provides consultation, makes recommendations, gives appropriate advice, and/or facilitates decisions.
• Determines discovery needs, and/or completes discovery; participates in decision making and strategy sessions in preparing cases for court and determining evidence to be used.
• Writes or drafts correspondence, reports, documents and/or other written materials.
• Receives, researches and responds to incoming questions or complaints; provides information, explains policy and procedures, and/or facilitates a resolution.
• Represents the state in lawsuits, negotiations, complaints and/or other matters.
• Drafts working documents; prepares documents consisting of concise decisions based upon facts of case interpretations of law and compliance with state and federal standards.
• Conducts conferences with defendants and/or attorneys, negotiates settlements, and testifies in court. May be required to travel to various court locations and stay overnight.
• Assists with formulation and implementation of legislation affecting Data Privacy.

(includes knowledge, skills, and abilities required upon entry into position and trainable after entry into position)

• communicate information and ideas clearly, and concisely, in writing; read and understand information presented in writing
• read, interpret and apply laws, rules, regulations, policies and/or procedures
• speak clearly, concisely and effectively; listen to, and understand, information and ideas as presented verbally
• legal processes and procedures
• applicable laws, rules, regulations and/or policies and procedures civil and criminal justice laws
• understand and apply case and statutory law evaluate information against a set of standards
• use logic to analyze or identify underlying principles, reasons, or facts associated with information or data to draw conclusions
• laws, legal codes, precedents, government regulations, executive orders, the democratic political process, and legislative history
• perform legal research using case law and appropriate techniques
• laws governing access to public and private records (e.g. the Utah Government Records Access and Management Act)
• make a decision or solve a problem by using logic to identify key facts, explore alternatives, and propose quality solutions
• deal with people in a manner which shows sensitivity, tact, and professionalism provide consultation and/or expert advice or testimony
• rules of evidence and civil and/or criminal procedure
• interpret and apply legal decisions and identify current and emerging trends in interpretation principles, theories, and practices of judicial or administrative law

• A conditional offer of employment will be made pending the satisfactory completion of a background investigation.
• A Juris Doctorate is required.
• Must be able to travel as required.
• Risks found in the typical office setting, which is adequately lighted, heated and ventilated, e.g., safe use of office equipment, avoiding trips and falls, observing fire regulations, etc.
• Typically, the employee may sit comfortably to perform the work; however, there may be some walking; standing; bending; carrying light items; driving an automobile, etc. Special physical demands are not required to perform the work.
• Valid driver license required to drive a motor vehicle on a highway in this state per UCA 53-3-202(1)(a).
• Where statute mandates, active membership in the Utah State Bar.
• An applicant may confirm benefits with Ally Aldrich at alaldrich@agutah.gov.
• Attorneys are hired at a salary consistent with their experience-level-peers in non-supervisory positions as outlined below.
  Experience
  Base Rate
  Annual
  0-2 Years
  $54.00
  $112,320
  3-5 Years
  $57.00
  $118,560
  6-10 Years
  $60.00
  $124,800
  11-15 Years
  $63.00
  $131,040
  16-20 Years
  $66.00
  $137,280
  21-25 Years
  $69.00
  $143,520
  26-30 Years
  $72.00
  $149,760
  31-35 Years
  $75.00
  $156,000
  36-40 Years
  $78.00
  $162,240
  41-45 Years
  $81.00
  $168,480
  46-50 Years
  $84.00
  $174,720

Employment Type: Full Time