Summary

The Office of the General Counsel (OGC) is seeking a Trial Attorney (Senior Appellate Counsel) in the Appellate group. As a Senior Appellate Counsel, you will draft briefs, present oral arguments, and provide legal advice concerning a variety of complex legal issues involving the federal securities laws, the Constitution, the Administrative Procedure Act, and the Bankruptcy Code.

Duties

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The Appellate group represents the Commission in appeals of civil enforcement actions and in petitions seeking review of Commission adjudicatory actions, rulemakings, and other regulatory actions.

In this role as a Senior Appellate Counsel, you will be responsible for:

• Leading appellate litigation before the U.S. Supreme Court, courts of appeals, and district courts, including drafting briefs, preparing submissions, and presenting oral argument in cases arising from enforcement actions, Commission orders, and rulemakings.
• Providing authoritative legal advice to the Commission, individual Commissioners, and senior SEC staff on complex, significant, and novel legal questions involving federal securities laws, administrative law, constitutional law, and appellate procedure.
• Evaluating adverse decisions and recommending whether the Commission should pursue further review in the courts of appeals or the Supreme Court.
• Assessing private litigation for potential Commission participation as amicus curiae and prepare amicus recommendations and draft briefs when appropriate.
• Supporting OGC leadership, including assisting the General Counsel with special projects and providing legal guidance to rulemaking and trial teams on complex legal issues that intersect with appellate litigation.
• Preparing memoranda and other written material to support agency positions on challenging legal issues, including statutory construction, procedural questions, and cross-agency policy considerations.
• Supervising junior attorneys in the conduct of appellate litigation, providing mentorship, strategic guidance, and quality review of briefs and other written work-product.

Requirements

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Conditions of employment

• CITIZENSHIP: You must be a US Citizen.
• SELECTIVE SERVICE: Males born after 12/31/59 must be registered or exempt from Selective Service (see https://www.sss.gov/).
• DRUG TESTING: This position may be subjected to drug testing requirements.
• PERMANENT CHANGE OF STATION (PCS): Moving/Relocation expenses are not authorized.
• DIRECT DEPOSIT: All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choosing.
• TRIAL PERIOD: Consistent with 5 U.S.C. a7 7511, you will be required to serve a two-year trial period (one year for preference eligible veterans) if the position to which you have applied is not the same or similar to your current position of record.
• You must possess a J.D. or LL.B Degree and you must be an active member of the bar in good standing.
• The selectee is required to report to the duty station(s) listed.

Qualifications

Applicants are responsible for confirming all required materials are submitted by the closing date of the announcement. Please check the HowYou Will Be Evaluated and Required Documents sections carefully, as missing documents will render the application incomplete and ineligible for review.

Qualifying experience may be obtained in the private or public sector. Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional, philanthropic, religious, spiritual, community, student, social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience. Qualifying education must have been obtained from an accredited college or university recognized by the U.S. Department of Education. All qualification requirements must be met by the closing date of this announcement.

BASIC REQUIREMENT: All applicants must possess the following

• J.D. or LL.B. degree 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.)

MINIMUM QUALIFICATION REQUIREMENT: In addition to meeting the basic requirement, applicants must also meet the minimum qualification requirement.

• SK-16: Applicant must have at least one year of specialized experience equivalent to the GS/SK-14 level. Specialized experience includes:

1. Interpreting federal securities laws, Commission rules and regulations, and the Administrative Procedure Act; AND
2. Preparing appellate briefs and presenting oral argument in appellate matters involving legal or factual issues; AND
3. Drafting legal documents and providing legal advice or guidance to clients, management officials, or other attorneys.

ACCOMPLISHMENT RECORD COMPETENCIES: Your Accomplishment Record narratives should address the following competencies. See the How You Will Be Evaluated section below for more information:

Competency 1: Written and Oral Advocacy - Applies legal expertise and knowledge of the facts of a case to produce persuasive written products (e.g., briefs and legal memoranda) and/or oral presentations (e.g. arguments).

Competency 2: Legal Review - Conducts analysis and reviews documents and reports for compliance with Federal law, including federal securities laws and/or laws governing the rulemaking process.

Competency 3: Critical Thinking - Considers a variety of factors, general and subject matter-specific, when making decisions and determining next steps in a case.

Competency 4: Legal Analysis and Advice - Utilizes expert legal knowledge to apply relevant law to the facts of each matter and effectively communicates advice based on that analysis.

Education

You MUST provide transcripts or other documentation to support your educational claims. Unless otherwise stated: (1) official or unofficial transcripts are acceptable, or (2) you may submit a list with all your courses, grades, semester, year, and credit for the course. If you are qualifying for this position by substituting education or training for experience, you must submit a copy of your unofficial transcripts or equivalent by the closing date of the announcement. Qualifying education must have been obtained from an accredited college or university recognized by the U.S. Department of Education. Internal Applicants: OHR will verify education qualifications for internal applicants using documents in the Electronic Official Personnel Folder (eOPF). If required transcripts or certificates are not present in your eOPF, you will be required to provide them to OHR. If selected, a start date will not be established until official transcripts are received.

FOREIGN EDUCATION: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs. For more information, click here.

Applicants may also find the following helpful:

National Association of Credential Evaluation Services (NACES) is an association of 19 credential evaluation services with admission standards and an enforced code of good practice.

Association of International Credentials Evaluators (AICE) is an association of 10 credential evaluation services with a board of advisors and an enforced code of ethics.

Additional information

Supplementary vacancies may be filled in addition to the number stated in this announcement and may be filled from any division or office within the agency.

SEC COMPENSATION PROGRAM: Total salary (base pay + locality) is dependent upon duty location. The overall salary range listed above is provided for informational purposes. The pay for current SEC employees will be determined according to the procedures specified in the agency's policy. If your selection results in a change in grade from an SK-15 to an SK-16, you will maintain your current salary.

IMPORTANT INFORMATION FOR SURPLUS OR DISPLACED FEDERAL EMPLOYEES: Career Transition Assistance Plan (CTAP) is available to individuals who have special priority selection rights under this plan. Individuals must be minimally qualified for this position to receive consideration for special priority selection. CTAP eligibles will be considered minimally qualified if they meet the minimum requirements for this position.

Benefits

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A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.

Review our benefits

Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.