Trial Attorney (Enforcement and Affirmative Litigation)

The Enforcement and Affirmative Litigation Branch seeks Trial Attorneys to oversee high-impact affirmative litigation that ensures nationwide compliance with federal law. The Branch offers a frontline role in the Department's major civil enforcement initiatives. Well-qualified candidates may be eligible for a signing bonus of up to $25,000 depending on qualifications, education, and other factors. All recipients of a signing bonus are required to fulfill a service obligation. 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. 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.
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.

• To qualify at the GS-11 grade level, applicants must have up to one (1) year of legal experience.
• To qualify at the GS-12 grade level, applicants must have minimum (1) or more years post-J.D. legal experience
• To qualify at the GS-13 grade level, applicants must possess at least one and one-half (1.5) years of post-J.D. legal experience.
• To qualify at the GS-14 grade level, applicants must possess at least two and one-half (2.5) years of post-J.D. legal experience.
• To qualify at the GS-15 grade level, applicants must possess at least four (4) years of post-J.D. 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.