Senior Attorney-Adviser

Summary

The Division of Trading and Markets (TM), Office of Derivatives Policy and Trading Practices (ODPTP), is seeking an Attorney-Adviser (Senior Attorney-Adviser) for its Office of Trading Practices. OTP administers wide-ranging elements of TM's regulatory program for broker-dealers and other intermediaries.

Duties

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ODPTP works closely with other federal regulators, self-regulatory organizations ("SROs"), state securities regulators, and investor advocacy and industry groups, and provides technical and policy assistance to both U.S. and foreign regulators on various legislative and regulatory initiatives. In addition to these matters and those listed below, OTP assists TM staff on various projects, including legal, policy, and administrative matters, as well as leading and/or facilitating special projects across TM, including matters involving multiple offices within and outside the Division.

In this role as a Senior Attorney-Adviser, you will be responsible for:

• Carrying out a wide variety of duties relating to market intermediaries, including leading projects such as rulemaking initiatives and special projects. Leading projects may include significant drafting responsibilities.
• Reviewing, analyzing, and formulating recommendations to managers on statutory or rule interpretations pertaining to, among other things, quotations in the over-the-counter markets, Regulation M and other anti-manipulation provisions related to IPOs and secondary offerings and distributions, research analyst conflicts of interest, issues related to the operation of IDQSs and QIDQSs, and information barriers; and reviewing exemptive and no-action requests.
• Reviewing and responding as appropriate to Rule 19h-1 filings submitted by the various SROs.
• Coordinating the Division's response to questions seeking interpretation and guidance from the public.
• Interpreting and serving as a resource within TM on issues related to the over-the-counter markets, IPOs and secondary offerings, Regulation M, IDQSs and QIDQSs, Rules 15c2-4 and 10b-9, Rule 10b-18, fictitious quotations, and the Commission's anti-manipulation provisions such as Sections 10(b) and 9(a) of the Exchange Act.
• Reviewing and providing advice regarding enforcement recommendations, as well as providing advice and assistance to other Division and Commission staff whose work has broad legal and policy implications and may require formulating policy alternatives, and analyzing the legal aspects of such alternatives.
• Reviewing and providing advice regarding corporate filings that may raise potential Regulation M issues.

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/).
• SECURITY CLEARANCE: Entrance on duty is contingent upon completion of a pre-employment security investigation. Favorable results on a Background Investigation may be a condition of employment or selection to another position.
• 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. 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: In addition to the Basic Requirements, the applicant must have four years of post J.D. experience identifying legal issues, providing legal analyses, providing legal solutions/recommendations, and preparing legal documents, such as filings, memoranda, contracts, pleadings, and motions, which also includes at least three years:

1. Interpreting, applying, and explaining the provisions of the laws, rules, and regulations that govern the securities industry, in particular, the Securities Exchange Act of 1934 and related self-regulatory organization rules, including through relevant litigation or enforcement experience; OR
2. Collaborating on the analysis or evaluation of legal and policy issues addressing securities law to develop recommendations or conclusions as they pertain to securities law, or similar experience in an area such as banking, commodities, or corporate.

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: Rule Development: Prepares recommendations for rules that meet desired policy objectives within the Commission's statutory authority or that implement legislation.

Competency 2: Legal and Regulatory Analysis: Conducts analysis and prepares documents and reports in compliance with Federal law that governs the rulemaking process.

Competency 3: Teamwork and Collaboration: Interacts with internal and external others in a manner that advances SEC goals and objectives.

Competency 4: Critical Thinking: Considers a variety of factors, general and subject matter-specific, when making decisions and determining next steps in a case.

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; a selectee's initial pay will be established below the maximum rate of the range. The pay for current SEC employees will be determined according to the procedures specified in the agency's policy. Please click here for a compensation overview.

Disability Employment: For information on disability appointments, click here.

Reasonable Accommodation: If you are an applicant who needs a reasonable accommodation to participate in the SEC application process due to a medical disability, please contact reasonableaccommodation@sec.gov. For religious-based accommodations, please contact religiousaccommodation@sec.gov . Please be sure to submit your request at least 5 business days in advance of the date you need the requested accommodation.

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.

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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.