General Counsel

The Electronic Frontier Foundation (EFF) is the leading nonprofit organization defending civil liberties in the digital world. Founded in 1990, EFF champions user privacy, free expression, and innovation through impact litigation, policy analysis, grassroots activism, and technology development. EFF’s mission is to ensure that technology supports freedom, justice, and innovation for all people of the world.

EFF is looking for a full-time energetic and passionate General Counsel to lead the organization in identifying and analyzing its internal legal risks and needs. We anticipate that this position will focus primarily on General Counsel matters; however, a candidate with the appropriate experience would have the opportunity, if they choose, to contribute to EFF’s policy and litigation work.

Position Summary

The General Counsel identifies and analyzes legal issues impacting EFF as an organization, drafts and reviews key organizational documents, presents clear recommendations to the Executive Director and the rest of the senior management team, and assures legal compliance for the organization.

Essential Functions

General Counsel

Legal Risk: Advise Senior Management Team, Board of Directors and other staff on legal strategies, risks and mitigation measures for the organization as a whole.

Litigation risk: Manage response to litigation or litigation threats to EFF as an organization. Serve as contact for any external legal counsel engaged to represent EFF.

Product Counsel: Advise on legal risks to EFF and assist in strategizing around those risks, including, but not limited to:

Provide product counseling as needed for EFF’s technology projects.

Track lobbying and other issues related to EFF’s nonprofit status.

Organizational Governance. Advise the Executive Team (E-Team) and Board of Directors to ensure that EFF follows best governance practices, as appropriate for EFF’s culture, including but not limited to:

Handle or direct all organizational legal issues raised by or implicated by the Board of Directors, including drafting resolutions, handling compliance with Bylaws and Articles of Incorporation and responding to questions as requested by the Executive Director or individual Board members.

If elected by the EFF Board, serve as the Clerk/Secretary of the organization.

Participate in strategic planning and response, both in the broad sense and on day-to-day matters.

Executive Team: Serve as a member of the EFF E-Team

Participate in E-Team decision making as provided in the Executive Team Charter.

Lead or advise E-Team committees or sub-committees as requested by the ED or decided by the E-Team.

Help the E-Team with the EFF annual budget review process.

Assist with and consult on the development of EFF organizational policies, as requested.

EFF contracting. Develop contract policies for staff entering into contracts on behalf of the organization and help educate those staff members.

Develop processes to ensure review of all novel or changed contracts for all teams before they are signed.

Draft and negotiate contracts or contractual language as necessary.

Provide advice, suggestions, and strategies to ensure that EFF’s contractual arrangements fit our values when appropriate.

Compliance. Provide legal guidance and ensure organizational compliance with federal, state and local laws, including non-profit, corporate, tax, and lobbying in conjunction with HR, Finance and others at EFF.

Provide legal guidance on HR policies and ensure compliance with labor laws, any collective bargaining agreement, financial regulation and clean financial audits.

EFF Privacy Policies. Maintain and develop, in collaboration with the Executive Director and others, EFF’s own privacy policies and ensure compliance across the organization with privacy and other laws impacting the organization.

Intellectual Property Rights. Oversee and ensure ongoing registration and protection of, as well as necessary flexibility toward, organizational intellectual property rights consistent with EFF’s values.

Potential Policy and Litigation Work (Not Required):

Advance digital rights by means of integrated legal advocacy. Depending on skillset, interest and experience of the candidate, this could include:

helping develop and advocate EFF policy positions

filing amicus briefs,

counseling clients,

enforcing public records requests,

lobbying legislators,

developing and prosecuting substantive lawsuits,

communicating with the general public, and

supporting the work of EFF’s activists and technologists.

Assist in the training of more junior attorneys in a variety of ways, including a mentorship role, providing writing or advocacy advice, or serving as lead counsel in a given matter.

Qualities We’re Seeking (i.e. Competencies)

Successful candidates bring these qualities:

Demonstrates care and respect toward coworkers, outside partners, members of the public, donors, and others with whom this role interacts;

Highest level of integrity, judgment and professionalism.

Willingness and excitement to learn new issues, analyze risk, and find paths to mitigate those risks as needed.

Works to positively and collaboratively resolve conflicts and overcome challenges

Effective oral and written communication skills

Ability to understand and articulate with accuracy EFF’s mission, positions, and work;

Available and responsive to colleagues, outside partners and others over email, phone, and online chat, with the ability to respond and reliably to time-sensitive requests for assistance and opportunities during agreed upon working hours;

Contributes to the creation of a diverse, equitable and inclusive work culture that encourages and celebrates differences including race, ethnicity, age, gender identity and expression, sexual orientation, religion, disability and socio-economic circumstance.

Ability to work with a diverse group of stakeholders, both inside and outside the organization;

As appropriate, able to comprehend and articulate legal issues arising for EFF out of complex and nuanced technology policy issues, including basic ability to comprehend various technology, legislation, and court cases;

Strong analytical and interpersonal skills

An ability to manage and prioritize work in a complex environment with multiple simultaneous projects

Work collegially and professionally in a diverse environment

Familiarity with technology and internet law

Required Education & Experience

A Juris Doctorate from an ABA accredited law school.

Admission to and good standing in the State Bar of California or eligible for prompt admission.

10+ years of relevant experience

Preferred Education & Experience

Education and experience in one or more of the following areas

Nonproft, activist organizations, including electioneering law and lobbying regulations

Open source licensing of copyright and other intellectual property

Media law, including pre-publication review.

Cybersecurity law, including CFAA/Wiretap Act/SCA/ECPA

GDPR, CCPA and other privacy and data protection regulations

Classification: Exempt, Full-time (40 hours/week)

Salary: $195,000 to $215,000 DOE

Expected hours of work: Typically Monday - Friday

Reports to: Executive Director

Supervisory Responsibilities: None

Location: This position is based in San Francisco and currently requires (2) days in the EFF offices each week, with flexibility to work from home the other days.