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.
Salary
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
Required Documents
Resume showing all relevant and related experience (two pages max). If selected, your resume will be used to determine your initial pay setting decision; JD/Transcripts (unofficial copy is accepted for application package, but an official copy with date degree was awarded is required prior to a firm offer letter being extended); Bar membership details; Cover Letter (optional); Performance appraisal (optional); Writing sample demonstrating analysis of complex legal issues (optional)
How to Apply
RESUME REQUIREMENT: Your resume may NOT exceed two pages, and the font size should not be smaller than 10 pts. Please ensure your resume clearly demonstrates how you meet the qualifications for the position within the two-page limit. YOU MUST APPLY ONLINE: Your complete application, including required documents, must be received by 11:59 p.m. Eastern Time (EST) on the closing date of this announcement. You must complete and submit an application by accessing the USAJOBS website at USAJOBS.GOV. To begin, click the Apply Online button within the vacancy announcement and follow the prompts to create an account using LOGIN.GOV, if you have not done so already. LOGIN.GOV will walk you through each step of the account set-up and will automatically link your USAJOBS profile to LOGIN.GOV. Once you have established an account using LOGIN.GOV, you will then go back to USAJOBS.GOV using your LOGIN.GOV username and password to answer the questions and submit all required documents. If you already have established an LOGIN.GOV account or want to return to your saved application, go to USAJOBS.GOV using your LOGIN.GOV username and password to apply or view your profile. If you have problems completing your on-line application, including problems submitting your supporting documents, please contact the Help Desk by e-mail at mgshelp@monster.com or phone at 1-866.656.6831. The help desk is available Monday-Friday, 7:00 a.m. to 7:00 p.m. EST. To verify the status of your application, log into your USAJOBS account (https://my.usajobs.gov/Account/Login), all of your applications will appear on the Welcome screen. The Application Status will appear along with the date your application was last updated. For information on what each Application Status means, visit: https://www.usajobs.gov/Help/how-to/application/status/.
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