Attorney Advisor

Commodity Futures Trading Commission•Washington, DC

About The Position

The Attorney Advisor works in the Market Participants Division, which protects market participants and their funds by promoting the financial integrity, fitness, and fair business conduct of derivatives-market intermediaries, including swap dealers, major swap participants, futures commission merchants, introducing brokers, commodity pool operators, commodity trading advisors, floor brokers, and retail foreign exchange dealers. The role provides written and oral legal advice on assigned projects involving the Commodity Exchange Act, Commission regulations, and other relevant statutes, regulations, judicial decisions, and legal opinions. The work addresses complex issues involving derivatives markets and CFTC-registered market intermediaries, and includes interpreting and applying the Act and Commission regulations, as well as related federal and local laws. The Attorney Advisor researches and investigates relevant facts and legal authorities, primarily concerning derivatives and securities markets. Work may include analyzing factual and legal issues, reviewing agency and regulator publications, studying industry practices, researching domestic and foreign law and precedent, interviewing market participants and experts, and preparing memoranda or reports with analysis and recommendations. The position prepares legal documents, advisory opinions, and comments on proposed legislation or regulatory changes. The role drafts new or amended regulations, orders, guidelines, and other regulatory approaches for the derivatives markets, market participants, and self-regulatory organizations. It also drafts no-action, exemption, and interpretation letters and general memoranda; supports review of compliance-program reports; prepares Commission and administrative documents; evaluates the consistent application of program functions and policies; reviews proposed legislation, regulations, enforcement actions, and other regulatory documents; and presents the Division’s positions on regulatory matters to other divisions, offices, and, when appropriate, the Commission.

Requirements

Juris Doctor (J.D.) or equivalent law degree from a school of law accredited by the American Bar Association.
Active membership in good standing of the bar in a U.S. state, territory, the District of Columbia, or the Commonwealth of Puerto Rico.
At least 2 years of relevant legal experience obtained after law-school graduation for CT-12; at least 3 years for CT-13; or at least 4 years for CT-14.
Relevant experience must be attorney, law-clerk, or other legal experience obtained after graduation from law school; work before completing a law degree and work while in law school do not count toward the experience requirement.
U.S. citizenship.
Favorable background/security investigation.
Males born after December 31, 1959, must be registered for Selective Service.
Submit a resume showing relevant experience, limited to two pages, and J.D. transcripts; a recent performance evaluation is strongly recommended, and veterans’ preference documentation should be submitted if applicable.

Nice To Haves

Expert skill in research and analysis of complex legal issues.
Expert knowledge of derivatives or related law, financial markets, corporate law, and general administrative law.
Most recent performance evaluation is strongly recommended.

Responsibilities

Provide written or oral legal advice on assigned projects concerning the Commodity Exchange Act, Commission regulations, and other relevant legal authorities.
Research and investigate facts, laws, regulations, and legal precedents concerning derivatives and securities markets.
Prepare legal documents, advisory opinions, memoranda, reports, and comments on proposed legislation or regulatory changes.
Draft new or amended regulations, orders, guidelines, and other regulatory approaches for derivatives markets, market participants, and self-regulatory organizations.
Identify and analyze issues and develop proposals and recommendations for agency officials.
Draft no-action letters, exemption letters, interpretation letters, and general memoranda under programs directed by the Division.
Assist in reviewing, evaluating, and preparing reports to the Commission concerning market participants’ or self-regulatory organizations’ compliance programs.
Assist with preparation of reports, planning documents, and other Commission and administrative documents.
Review program functions and activities to support consistent application of branch, division, and Commission administrative policy.
Review proposed legislation, regulatory changes, enforcement actions, questions of law, administrative policy, staff reports, and other regulatory documents; develop objective comments, critiques, and recommendations.
Present the Division’s positions on regulatory issues and other matters to other divisions and offices and, when appropriate, to the Commission.