Policy Counsel

Location: DC Metro Area

Type: Full-Time

Industry: Non-Profit

Our innovative client, the Entertainment Software Association (“ESA”), is the voice and advocate for the U.S. video game industry. Its members are the innovators, creators, publishers, and business leaders that are reimagining entertainment and transforming how we interact, learn, connect, and play. The ESA works to expand and protect the dynamic marketplace for video games through innovative and engaging initiatives that showcase the positive impact of video games on people, culture, and the economy.

  • Note: This is a hybrid role and requires multiple days in the office.

Position Summary

The ESA is seeking a Policy Counsel who will serve as the subject matter expert to ESA, its members, and its outside consultants on intellectual property (IP) matters – with a particular emphasis on copyright law – as well as other legal and policy matters that impact the creative and innovative video game industry. In addition to IP, other areas of focus may include First Amendment law, “right of publicity” issues, and technology-related issues, such as online safety, content moderation, and artificial intelligence, among others. Reporting to the Senior Vice President & General Counsel, this person will work closely with ESA’s Legal, IP Protection and Security (IPPS), Government Affairs, and Communications teams, as well as with ESA’s members, to shape the industry’s policy and advocacy strategies in these areas.

Key responsibilities include but are not limited to the following areas:

  • Identify, monitor, and analyze legislation, regulations, and proposals at the state and federal level on IP and other assigned areas that are relevant to the video game industry.
  • Prepare timely summaries, legal analyses, policy papers, and other appropriate materials for ESA staff and its members on these issues.
  • Research, prepare or otherwise contribute to legal and regulatory filings, legislation, bill amendments, regulations, testimony, letters, speeches, talking points, position papers, and other advocacy documents to advance ESA’s policy positions.
  • Facilitate the development of consensus positions among ESA members on specific policy issues.
  • Coordinate with ESA’s Legal, IPPS, Government Affairs, and Communications teams to ensure alignment on IP and other assigned policy priorities, advocacy, and messaging.
  • Support ESA’s government affairs team on legislative advocacy on IP and other assigned policy areas.
  • Manage outside counsel and consultants in your areas of responsibility, including, for example, with respect to managing outside counsel assistance on the triennial Copyright Office rule-making proceedings regarding Section 1201 of the Digital Millennium Copyright Act.
  • Represent ESA in IP and other relevant coalitions and associations.
  • Draft relevant issue updates for ESA newsletters, website, periodic reports, and board and committee materials.

Education and Experience Requirements

  • Law degree from an ABA accredited institution.
  • A minimum of 3 years of relevant experience working on intellectual property law and policy issues.
  • Familiarity with digital policy issues, such as online safety, content moderation, and/or artificial intelligence, strongly preferred.
  • Excellent written and verbal communications skills, including the ability to speak to small and mid-sized audiences.
  • Strong judgement, consensus-building, organizational, and interpersonal skills.
  • Ability to network with government and other external contacts.
  • Ability to communicate complex legal and policy issues and craft concise written messaging for a variety of audiences, including ESA staff, member companies, and industry and government stakeholders.
  • Working knowledge of Microsoft Office, including Word and Excel.
  • Knowledge of the video game industry is a “plus” factor.

This organization offers a robust salary and benefits package.

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