Trial Attorney - Enforcement and Affirmative Litigation Branch

Full Job Description

The Enforcement and Affirmative Litigation Branch seeks entry-level Trial Attorneys to oversee high-impact affirmative litigation that protects public health and safety and ensures nationwide compliance with federal law.

The Branch handles cutting-edge matters enforcing consumer protection statutes and challenging laws that undermine federal policy.

For impactful public service, the Branch offers a frontline role in the Department's major civil enforcement initiatives. Applicants must possess a J.D.

Degree (or equivalent), be an active member in good standing of the bar (any U.S. jurisdiction), be a U.S. citizen.

The minimum years of post-law degree experience commensurate with the grade level of eligibility is shown below.

Possessing the minimum post law degree legal experience does not guarantee the applicant will be selected at that grade level. GS-11 - up to 1 year of legal experience GS-12 - minimum 1 year post J.D.

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. Major Duties:

The Enforcement and Affirmative Litigation (EAL) Branch safeguards Americans' health, safety, economic security, and data privacy through proactive enforcement and high-impact affirmative litigation.

The Branch's mission is to bring affirmative litigation to enforce federal laws and regulations, enjoin actions that conflict with or violate federal law, obtain declaratory judgments regarding the laws of the United States, and seek monetary penalties where appropriate.

The EAL Branch is seeking entry-level Trial Attorneys to handle 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 against state, local, or private actors to ensure nationwide compliance with federal law.

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.