Litigation Counsel

🚀 Join the Future of Commerce with Whatnot! Whatnot is the largest live shopping platform in North America and Europe to buy, sell, and discover the things you love. We're re-defining e-commerce by blending community, shopping, and entertainment into a community just for you. As a remote co-located team, we're inspired by innovation and anchored in our values . With hubs in the US, UK, Germany, Ireland, and Poland, we're building the future of online marketplaces -together. From fashion, beauty, and electronics to collectibles like trading cards, comic books, and even live plants, our live auctions have something for everyone. And we're just getting started! As one of the fastest growing marketplaces , we're looking for bold, forward-thinking problem solvers across all functional areas. Check out the latest Whatnot updates on our news and engineering blogs and join us as we enable anyone to turn their passion into a business, and bring people together through commerce. 💻 Role We're looking for an experienced and strategic attorney to lead Whatnot's Worldwide litigation, investigations, and regulatory response functions. As Litigation Counsel, you'll own strategy and execution for all contentious matters — from high-stakes commercial disputes to regulatory investigations and enforcement actions. This leader will work cross-functionally with Legal, Public Policy, Trust & Risk, and Communications teams to manage litigation risk, ensure consistency in regulatory responses, and support Whatnot's continued growth in a fast-evolving regulatory landscape. You'll work closely with external counsel to ensure Whatnot is well-positioned across civil litigation, consumer protection, intellectual property, privacy, and broader platform and marketplace issues. Litigation Leadership Lead strategy and oversight for all litigation and pre-litigation disputes, including commercial, IP, consumer, employment, and class action matters. Manage and coordinate outside counsel, ensuring alignment with company objectives and cost efficiency. Serve as the primary internal advisor on litigation risk, case management, and discovery practices. Regulatory & Enforcement Response Direct Whatnot's response to regulatory inquiries and investigations (e.g., FTC, DOJ, SEC, state attorneys general, local regulators). Partner with internal teams to conduct fact-finding, draft responses, and manage deadlines under time-sensitive and high-profile conditions. Advise senior leadership on enforcement trends and potential exposure areas. Cross-Functional Collaboration Collaborate with Public Policy, Trust & Risk, and Communications to develop scalable processes for responding to regulatory requests and subpoenas. Support proactive engagement with regulators and industry associations on emerging marketplace and consumer protection issues. Partner with Product, Operations, and Communications to ensure consistent messaging and mitigation of litigation and enforcement risk. Provide guidance on new product launches and strategic initiatives with potential litigation or regulatory implications. Team Leadership Build and mentor a high-performing team focused on investigations, discovery, and dispute management. Drive continuous improvement in how Whatnot handles regulatory responses, investigations, and litigation strategy. We offer flexibility to work from home or from one of our global office hubs, and we value in-person time for planning, problem-solving, and connection. Team members in this role are must live within commuting distance of our New York City, San Francisco, or Los Angeles hubs. 👋 You Curious about who thrives at Whatnot? We've found that low ego, a growth mindset, and leaning into action and high impact goes a long way here. As our Corporate Counsel, you should have:

Minimum:

J.D. from an accredited law school and active membership in at least one U.S. state bar. 10+ years of experience handling complex litigation, investigations, and enforcement matters, ideally at a leading law firm and/or technology company. Demonstrated success managing external counsel and coordinating across multiple internal stakeholders. Substantial experience interfacing with U.S. federal and state regulatory bodies.

Preferred:

Experience with marketplace, platform, or e-commerce companies. Understanding of consumer protection, competition, privacy, and advertising laws. Prior in-house leadership experience building or leading a litigation or regulatory function. Strong judgment, communication, and problem-solving skills under pressure. 🎁 Benefits Generous Holiday and Time off Policy Health Insurance options including Medical, Dental, Vision Work From Home Support Home office setup allowance Monthly allowance for cell phone and internet Care benefits Monthly allowance for wellness Annual allowance towards Childcare Lifetime benefit for family planning, such as adoption or fertility expenses Retirement; 401k offering for Traditional and Roth accounts in the US (employer match up to 4% of base salary) and Pension plans internationally Monthly allowance to dogfood the app All Whatnauts are expected to develop a deep understanding of our product. We're passionate about building the best user experience, and all employees are expected to use Whatnot as both a buyer and a seller as part of their job (our dogfooding budget makes this fun and easy!). Parental Leave 16 weeks of paid parental leave + one month gradual return to work •company leave allowances run concurrently with country leave requirements which take precedence. 💛 EOE Whatnot is proud to be an Equal Opportunity Employer. We value diversity, and we do not discriminate on the basis of race, religion, color, national origin, gender, sexual orientation, age, marital status, veteran status, parental status, disability status, or any other status protected by local law. We believe that our work is better and our company culture is improved when we encourage, support, and respect the different skills and experiences represented within our workforce.