Summary The Enforcement and Affirmative Litigation Branch seeks experienced attorneys to bring high-impact affirmative litigation to protect public health and safety and ensure nationwide compliance with federal law. Attorneys will litigate cutting-edge matters, enforce key consumer protection statutes, and challenge laws that undermine federal policy. For meaningful responsibility and impactful public service, the Branch offers a front-line role in the Department's major civil enforcement initiatives. Responsibilities The Enforcement and Affirmative Litigation Branch is seeking a Trial Attorney to represent the United States in a broad range of affirmative civil litigation. The Branch is structured into two sections: an Enforcement Section that pursues cases under key consumer protection and public-safety statutes, and an Affirmative Litigation Section that files lawsuits to ensure nationwide compliance with federal law against state, local, or private actors. Trial Attorneys in the Branch play a central role on these matters - partnering with client agencies, leading investigations and litigation, and coordinating with Department leadership. Trial Attorneys in the Enforcement Section enforce consumer protection laws that safeguard consumers' health, safety, economic security, data privacy, and identity integrity. The Section tackles some of the most urgent enforcement challenges facing consumers, including harmful opioid products, unsafe food and drugs, deceptive trade practices, and data privacy violations. Trial Attorneys in this Section investigate unlawful conduct and pursue enforcement actions nationwide. They handle all phases of district court litigation, including taking and defending depositions, managing written discovery, conducting legal research and analysis, writing briefs and other documents, attending court conferences, arguing motions, and conducting trials. Recent cases include suits targeting sellers and distributors of unapproved vaping devices and 7-OH products, a suit against a company for failing to report dangerous and defective tools that injured hundreds of consumers, and injunction actions targeting entities that manufacture, sell, or distribute adulterated, unsafe, or deficiently labeled food, medical devices, and drugs. The Section also brings enforcement actions against some of the world's largest corporations for unfair and defective practices that trap consumers in online subscriptions, collect and retain children's personal information, and engage in deceptive data privacy practices. Trial Attorneys in the Affirmative Litigation Section represent the United States by filing lawsuits against states, municipalities, and private entities that interfere with or obstruct federal policies, ensuring nationwide compliance with the U.S. Constitution and federal law. Lawsuits often involve claims that state and local laws are preempted by federal law or unlawfully regulate or discriminate against the federal government. Trial Attorneys engage in all phases of district court litigation, including conducting legal research and analysis, writing briefs and other documents, attending court conferences, and arguing motions. Aside from litigation, Trial Attorneys also prepare statements of interest or amicus briefs in cases in which the United States is not a party but nonetheless has a vested interest. The Section's work touches on a wide range of issues impacting American consumers, including artificial intelligence, affordability, energy independence, public benefits, consumer goods, immigration, and public safety. Recent cases include a challenge to California cities over unlawful natural gas bans, a challenge to Illinois laws that provide benefits to illegal aliens that are not provided to U.S. citizens, and a challenge to California laws that drive up national egg prices and burden consumers. Requirements Conditions of Employment Qualifications Interested applicants must possess a J.D., or equivalent, degree, be duly licensed and authorized to practice as an attorney under the laws of any State, territory of the United States, or the District of Columbia, and be an active member of the bar in good standing. Possessing the minimum post law degree legal experience does not guarantee the applicant will be selected at that grade level. To qualify at the GS-15 grade level, applicants must have minimum 4 years post-JD legal experience. Preferred qualifications: Strongly preferred applicants will have excellent academic credentials and outstanding advocacy and legal writing skills. Experience conducting investigations, drafting and arguing motions, handling discovery, taking and defending depositions, and trying cases are highly desirable. Preferred applicants will be highly motivated and exhibit sound judgment and creativity. Judicial clerkship experience and familiarity with constitutional challenges and the enforcement of federal laws is strongly preferred. Trial Period Statement As a condition of employment for accepting this position in accordance with section 11.5 of Executive Order 14284, you will 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 trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest. Education All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, see www.ed.gov. OR Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at https://www.ed.gov/about/initiatives/international-affairs/recognition-of-foreign-qualifications All documentation must be in English or include an English translation. Additional Information Veteran Preference: If you are entitled to or claim veterans' preference (VP), you should indicate the @type of veteran preference (5 or 10 points) you are claiming on your resume. In order to determine your eligibility, you can find additional information at: http://www.opm.gov/policy-data-oversight/veterans-services/vet-guide/. There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veterans' Preference, and submit the supporting documentation required for the specific @type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the @types of 10-point preferences and the required supporting document(s). DOJ EEO Statement/Policy: http://www.justice.gov/jmd/eeos/08-eeo-policy.pdf Reasonable Accommodation Statement: Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. Schedule A: DOJ welcomes and encourages applications from persons with disabilities and is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973 to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department. DOJ also encourages eligible Schedule A applicants to submit their resumes to resume@benderconsult.com, and reference "Federal Career Opportunities" in the subject line. Additional information is found at: www.benderconsult.com. Selective Service: If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System, or are exempt from having to do so under the Selective Service Law. Additional information is found at: www.sss.gov. Fair Chance to Compete for Jobs: Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalf from inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.
