Trial Attorney

Description:

Summary:
The Office of the General Counsel (OGC) serves as legal advisor to the CFTC's Commission, the Chair, the Executive Director, and the Agency as a whole. OGC's legal advice includes, but is not limited to, areas such as Agency litigation, statutory and regulatory interpretation, rulemaking, analyses of proposed legislation, and other legal issues arising in connection with the administration and enforcement of the Commodity Exchange Act (CEA) and the Commission's implementing regulations.

Duties:
This position is located in the Office of the General Counsel (OGC), Litigation & Adjudications Branch. The Litigation Branch represents the Commission in the U.S. District Courts, Bankruptcy Courts, Courts of Appeals, and various administrative bodies including the Equal Employment Opportunity Commission, Merit Systems Protection Board, and Federal Service Impasses Panel. It also assists the Solicitor General in representing the Commission before the U.S. Supreme Court. OGC litigation staff represents the Commission in appeals of enforcement actions, challenges to agency actions, derivatives-industry bankruptcies, employment lawsuits, other administrative litigation, and as amicus curiae in a range of matters. The Branch reviews draft regulations, releases, and other proposed agency actions for litigation risk, including but not limited to compliance with the Administrative Procedures Act and Commodity Exchange Act (CEA) provisions such as the requirement that the Commission consider the costs and benefits of many of its actions. The Branch advises the Commission on its adjudication function. The Commission hears appeals in administrative cases arising from its reparations program and from certain exchange or National Futures Association decisions. The Branch reviews the appeals, makes recommendations to the Commission, and drafts opinions and orders.

As an attorney in the Litigation Branch, you will be responsible for;

• Researching and analyzing applicable statutes, regulations and case law involving complex and sometimes novel legal theories and advising the Commission of the same;
• Drafting memoranda and pleadings involving legal issues in CFTC cases in the federal courts and administrative forums.
• Briefing and arguing cases in the federal district courts and courts of appeals in which the Commission is a party or amicus.
• Analyzing outside litigation to determine the advisability of the Commission's participation as amicus curiae.
• Advising the Commission on appeals from its administrative adjudications program; includes reviewing the record and pertinent case law and recommending a course of action, drafting final orders and opinions at the direction of the Commission.
• Advising the Commission with regard to issues involving privilege, cost-benefit analyses, subpoenas, and federal employment issues.
• Working with other divisions within the CFTC to ensure accuracy and coordinate substantive presentations during litigation.
• Responding to substantive and procedural novel and complex questions within the agency concerning the CEA and regulations promulgated thereunder and interpreting and analyzing laws and regulations, court rulings, precedents, and legislative changes that impact CFTC's programs and operations.
• Filing proofs of claim and objecting to discharge in bankruptcy matters.
• Reviewing agency policies, regulations, and procedures to ensure they are legally and administratively sound and effective in operation.
• Other duties as assigned.

Requirements:
Conditions of Employment:

• U.S. Citizenship
• Favorable Background/Security Investigation
• Males born after 12-31-1959 must be registered for Selective Service.
• May be subject to a two-year trial period.
• Must be an active member of the bar in good standing.

Qualifications:
Basic Requirement: All applicants must possess the following:

• J.D.; and
• Active membership of the bar in good standing in any state, territory of the United States, the District of Columbia, or the commonwealth of Puerto Rico. (Note: proof of bar membership will be required before entry on duty)
• AND

CT-13 Level: Candidates with a law degree (J.D. or equivalent) and bar membership and 3 years of relevant legal experience after completion of law school.

Relevant legal experience is defined as attorneys, law clerk, or other legal experience which was obtained after graduation from a law school. Legal and non- legal experience gained in the Federal government or private sector prior to completing a law degree cannot be used to satisfy the legal experience requirement. Work while in law school does not count.

CT-14 Level: Candidates with a law degree (J.D. or equivalent) and bar membership and 4 years of relevant legal experience after completion of law school.

Relevant legal experience is defined as attorneys, law clerk, or other legal experience which was obtained after graduation from a law school. Legal and non- legal experience gained in the Federal government or private sector prior to completing a law degree cannot be used to satisfy the legal experience requirement. Work while in law school does not count.

Education:
Successful completion of a full course of study (J.D.) in a school of law accredited by the American Bar Association (ABA).

To be creditable, education must have been obtained in an accredited college or university. You must report only attendance and/or degrees from schools accredited by accrediting institutions that are recognized by the U.S. Department of Education. For a list of schools that meet this criterion, see www.ed.gov.

Special Instructions for Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: http://www.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html

Additional Information:
Relocation: Relocation expenses will not be paid.

Trial Period:
As a condition of employment for accepting this position, you may be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:

• Your performance and conduct;
• The needs and interests of the agency;
• Whether your continued employment would advance organizational goals of the agency or the Government; and
• Whether your continued employment would advance the efficiency of the Federal service. Upon completion of your probationary/trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
• This is not a Bargaining Unit position.

More than the number of positions listed may be filled through this vacancy announcement.

The overall salary range is provided for informational purposes as it represents the full range that is applicable to current employees in this occupation/grade. A new hire's direct and overall experience are critical factors in determining a salary offer, therefore, it is important that your resume fully reflects all of your work experience. Note that the upper end of each range is typically applicable only to candidates with significant years of work experience and qualifications Please review the CFTC Compensation Program website for additional information.

The law prohibits public officials from appointing, promoting, or recommending their relatives. The law prohibits requesting, making, transmitting, accepting, or considering political recommendations for employment or other personnel actions for non-political positions. This includes recommendations from Members of Congress, Congressional employees, elected state or local officials, and political party officials and any recommendation based on party affiliation.

Additional Information:
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

Benefits: