Attorney Advisor

Full Job Description

The Market Participants Division leads the Commission's efforts in protecting market participants and their funds by ensuring the financial integrity, fitness, and fair business conduct of derivatives market intermediaries, such as swap dealers, major swap participants, futures commission merchants, introducing brokers, commodity pool operators, commodity trading advisors, floor brokers, and retail foreign exchange dealers (“Market Participants”).

BASIC REQUIREMENT: All applicants must possess the following: J.D.; 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) AND CT-12: Candidates with a law degree (J.D.

or equivalent and bar membership) and 2 years of relevant legal experience after completion of law school. CT-13: Candidates with a law degree (J.D.

or equivalent) and bar membership and 3 years of relevant legal experience after completion of law school. CT-14 Level: Candidates with a law degree (J.D.

or equivalent) and bar membership and 4 years of relevant legal experience after completion of law school.

Relevant legal experience is defined as attorneys, law clerk, or other legal experience which was obtained after graduation from a law school.

Legal and non- legal experience gained in the Federal government or private sector prior to completing a law degree cannot be used to satisfy the legal experience requirement.

Work while in law school does not count. Desired Qualifications: 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. Major Duties:

Renders written or oral legal advice on assigned projects with respect to the relevant provisions of the Commodity Exchange Act (“Act”) and the Commission's regulations, and other statutes, regulations, judicial decisions, and legal opinions that are pertinent.

Advice addresses complex issues, including issues associated with the regulation of the derivatives markets and CFTC-registered market intermediaries, and project deliverables include interpretations and application of the Act and the Commission's regulations, as well as advice regarding application of related federal and local laws and regulations.

Conducts research or investigation of the facts as well as the laws, regulations, and legal precedents primarily associated with the derivatives and securities markets.

On the basis of the research or investigation, prepares necessary legal documents, advisory opinions, drafts or comments on proposed legislation or changes in regulations or other disposition.

Research or investigation may involve any of the following: a) analyzing the factual and legal issues presented to determine what further facts are needed and what legal sources are applicable; b) reviewing policies, procedures, regulations, technical manuals, and other agency publications, including domestic and foreign financial market regulators; c) studying industry and trade practices, policies, procedures, and operations of other Government agencies or of the States or local bodies or business, technical, and professional publications and other authoritative sources of information required in the technical interpretation of factual issues; d) conducting research of relevant domestic and foreign laws, legal opinions, policies, regulations, legal texts, and precedent cases bearing on the legal issues involved in the problem, proposal, or case; e) interviewing persons such as officials, principals, and senior staff of Market Participants and CFTC-registered derivatives exchanges and clearing organizations (“SROs”), along with their counsel, accounting and financial professionals, and other experts who provide services to them; or f) preparing memoranda or reports outlining the facts and legal issues, analyzing the factual and legal issues involved, explaining the application of legal principles and precedents, and justifying recommendations or conclusions.

Drafts new or amended regulations, orders, guidelines, and other regulatory approaches applicable to the derivatives markets, Market Participants and SROs for consideration and adoption by the Commission.

Such regulatory approaches are designed to enhance the integrity of the derivatives markets by addressing business conduct standards, sales practices, recordkeeping, capital, and financial reporting requirements for intermediaries Identifies and analyzes issues to be considered and develops proposals and recommendations for consideration and adoption by agency officials.

Drafts no-action letters, exemption letters, interpretation letters, and general memoranda pursuant to programs under the Division's direction.

Identifies and analyzes issues to be considered and develops proposals and recommendations for consideration and adoption by agency officials.

Assists in the review, evaluation, and preparation of reports submitted to the Commission on a Market Participant's or an SRO's compliance program with respect to applicable provisions of the Act and Commission regulations.

Assists with the preparation of reports, planning documents, and other Commission and general administrative documents.

Reviews the application and execution of the Branch's program functions and activities to ensure consistency among its organizational components in the application of branch, division, and Commission administrative policy.

Reviews proposed legislation, changes in regulations, enforcement actions, questions of law, administrative policy, staff reports, and other Commission regulatory documents and develops independent, objective comments, critiques, and recommendations.

Presents the positions of the Division on regulatory issues and other matters to other divisions and offices, and where appropriate, to the Commission.