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General Attorney (FOIA)

Department of Commerce
Patent and Trademark Office
This job announcement has closed

Summary

OGL is responsible for representing and advising the agency in all matters involving the administration and management of the agency, other than those involving intellectual property litigation and policy.

Overview

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Hiring complete
Open & closing dates
11/10/2021 to 12/10/2021
Salary
$144,128 to - $172,500 per year
Pay scale & grade
GS 15
Locations
2 vacancies in the following locations:
Juneau, AK
Montgomery, AL
Little Rock, AR
Phoenix, AZ
Telework eligible
Yes—as determined by the agency policy.
Travel Required
Not required
Relocation expenses reimbursed
No
Appointment type
Permanent
Work schedule
Full-time
Service
Excepted
Promotion potential
15
Job family (Series)
Supervisory status
No
Security clearance
Other
Drug test
No
Position sensitivity and risk
High Risk (HR)
Trust determination process
Announcement number
TMCO-OGLW-22-11292245-EX
Control number
621833200

Duties

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As required by Executive Order 14043, Federal employees are required to be fully vaccinated against COVID-19 regardless of the employee's duty location or work arrangement (e.g., telework, remote work, etc.), subject to such exceptions as required by law. If selected, you will be required to be vaccinated against COVID-19 and submit documentation of proof of vaccination by November 22, 2021 or before appointment or onboarding with the agency, if after November 22. The agency will provide additional information regarding what information or documentation will be needed and how you can request of the agency a legally required exception from this requirement. Contact the USPTO's Office of Equal Employment and Diversity at (571) 272-8292 or OEEOD@uspto.gov for information on obtaining an exception to the requirement.

USPTO is currently operating in a maximum telework status. When regular operations resume, this position will be eligible for full-time remote work from any location in the fifty United States (including the District of Colombia and Puerto Rico) with a duty station of Alexandria, Va. If the selectee's remote worksite is within 50 miles of USPTO's Alexandria, Va. headquarters, there will be no regular reporting requirement. If the selectee's remote worksite is further than 50 miles from USPTO's Alexandria, Va., headquarters, then the selectee will be required to report to USPTO's Alexandria, Va. headquarters two days per bi-week in order to maintain the Alexandria, Va. duty station."

This position is located in the Office of the General Counsel, Office of General Law (OGL).

OGL is looking to hire one or more experienced attorneys to handle information law matters. OGL is responsible for representing and advising management on a broad range of issues involving administration and management of the USPTO, other than those concerning intellectual property litigation and policy. OGL attorneys represent the USPTO in litigation proceedings and/or provide advice and legal opinions on matters including information law (FOIA - including duties as USPTO FOIA Officers, privacy, records management, social media), administrative law (fiscal/rulemaking), employment law, personnel and labor law, investigations, and procurement.

Every office within the USPTO contributes to the agency's mission of furthering innovation. In doing so, OGL prides itself on delivering legal advice to clients that is fast, right, and aware. OGL attorneys work closely with clients, and get involved early in projects, in order to ensure that important agency work is accomplished successfully with any legal issues appropriately handled. In order to maintain consistent high-quality service, OGL promotes an environment of continuous improvement, high standards, and collegiality. We look forward to meeting applicants who share these values.

OGL's various practice areas involve complex analyses and high-level decision-making for a diverse and interesting workforce. In particular, the expected duties of this position will include: management of the USPTO FOIA and Privacy Act request programs; providing day-to-day guidance on privilege, privacy, disclosure obligations, and records management; handling FOIA and Privacy Act litigation in coordination Department of Justice; developing agency-wide programs related to information law; evaluating social media issues; responding to third-party subpoenas and liaising with other agencies on information requests; and consulting on records-related aspects of congressional inquiries and other internal audits/investigations. Experience in these areas is preferred, but not required. In considering candidates, OGL is emphasizing top-notch, transferrable legal skills, such as excellent oral and written communication, creative problem solving, and a willingness to learn.

In addition, as part of a general law office, OGL team members are expected to be flexible in the types of work they do. All attorneys support OGL's other general law functions as needed by providing legal advice and guidance on complex cases or legal issues in one or more fields of employment law, general litigation, ethics law, procurement law, legislative affairs, external and internal investigations and labor law.

Work requires extensive research and analysis. Applicants must have excellent analytical and writing skills because work product is often in written form (e.g., briefs, memos, letters). Applicants must also have excellent oral skills to ably present the agency's cases before third parties, and to counsel clients. As the lead attorney on a particular case or policy issue, the applicant would be responsible for analyzing legal and factual issues, developing the strategy to deal with these issues, and independently managing the matter. Applicants also needs to have excellent interpersonal skills, because they typically work with numerous people, including senior management of the agency and attorneys from outside organizations.

Requirements

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Conditions of employment

  • Applicants will be accepted from all United States Citizens and Nationals.
  • You must meet the definition of specialized and professional experience.
  • Required to pass a background investigation and fingerprint check.
  • Must be registered for Selective Service, if applicable (www.sss.gov) Suitable for Federal employment.
  • If selected, you may be required to complete a two-year trial period.
  • You must meet all qualification requirements upon the closing date of this announcement.
  • You must possess a Law Degree and an active bar membership of any state.

Qualifications

You must meet the United States Office of Personnel Management's (OPM) qualification requirements (including specialized experience and/or educational requirements) for the advertised position. You must meet all eligibility and qualifications requirements by the closing date of the job announcement. Additional information on the qualification requirements is outlined in the OPM Qualifications Standards Handbook of General Schedule Positions. It is available for your review on the OPM Website.

Specialized Experience is experience that has equipped applicants with the particular knowledge, skills and abilities to successfully perform the duties of the position, and that is typically in or related to the position to be filled. To be creditable, specialized experience must have been equivalent to at least the next lower grade level in the federal service. For this position, the next lower grade level is a GS-14..

Specialized experience for this position includes:

Experience advising clients and/or representing clients in litigation, drafting memoranda of fact and law, motions, pleadings, litigation reports and other legal documents, and/or reviewing policies, procedures and other agency publications for legal sufficiency. The candidate should have dealt with highly complex issues involving labor law.

In addition to the required specialized experience, applicants must possess four (4) years of professional law/legal experience, post J.D. as described below.

Professional Legal/Law Experience: is experience that has equipped the applicant with the particular knowledge, skills, abilities and/or competencies to perform successfully the duties of the position to be filled. This experience is characterized by breadth and depth of experience in rendering professional legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal government agency, private sector, law firm, or other organization; investigating matters, such as related to Congressional or Inspector General inquiries; preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents; drafting, preparing formal comments, or making substantive recommendations regarding proposed legislation; editing and preparing for publication statutes enacted by Congress and opinions or decisions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by an organization or official; determining questions of law; studying, analyzing and evaluating legal precedents to present findings. Legal work is described as extremely complex and difficult and requires a high order of original and creative legal endeavor in balancing conflicting interests; has broad or wide-scope impact on an economy, industry, private or public interests; and may involve directly or indirectly very large sums of money. Work may also involve acting as principal attorney in charge of the preparation and presentation of cases; recommending policies and developing procedures and regulations to implement new or amended legislation; and acting as legal, general or senior counsel to a major firm or organization.

Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience.

Education

To meet minimum eligibility requirements for this position, applicants must possess a Juris Doctor (J.D.) degree from an ABA accredited law school.

If this position requires proof of higher education, or you are substituting education for experience, you must submit an unofficial transcript or a list of courses that includes the following information: name of accredited institution, grades earned, completion dates, and quarter and semester hours earned. Education completed in foreign colleges or universities may be used to meet the requirements. Please refer to http://www.opm.gov/qualifications/policy/ApplicationOfStds-04.asp for more information. You are not required to submit official documents at this time; copies are sufficient.

Special Instructions for Foreign Education: Qualifying education from colleges and universities in foreign countries must be evaluated in terms of equivalency to that acquired in U.S. colleges and universities. Applicants educated in whole or in part in foreign countries must submit sufficient evidence, including transcripts, to an accredited private organization for an equivalency evaluation of course work and degree. A listing of these accredited organizations can be found on the Department of Education's website - US Department of Education. Another listing of services that can perform this evaluation is available at the National Association of Credential Evaluation Services (NACES) website. You must provide a copy of the letter containing the results of the equivalency evaluation with a course by course listing along with your application. Failure to provide such documentation when requested will result in lost consideration.

NOTE: Only education and experience acquired before the filing deadline will be considered. Report only attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.

Additional information

Applicants applying for this position must be a United States Citizen.

If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System. If you are exempt from registration under Selective Service Law, you must provide appropriate proof of exemption. Please visit the Selective Service System website for more information.

This is a Non Bargaining Unit position.

This is a Public Trust position and has a risk level designation of "High Risk".

Background Investigation - If selected for this position, you may be required to complete a Declaration for Federal Employment (OF-306), which includes a fingerprint and credit check, to determine your suitability for Federal employment and to authorize a background investigation.

The USPTO participates in E-Verify. For more information on E-Verify, please visit the Department of Homeland Security Website.

Trial Period - If selected, you may be required to complete a two-year trial period.

Financial disclosure statement (OGE Form 450) is required for this position. For more information please visit www.OGE.gov

All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.

Relocation Expenses are not authorized and will not be paid.

More than one selection may be made from this announcement if additional identical vacancies in the same title, series, grade, and unit occur within 90 days from the date the certificate was issued.

All application materials become the property of the United States Patent and Trademark Office.

USPTO Job Applicants requiring reasonable accommodation for any part of the application and hiring process should request accommodation(s) from the USPTO at http://www.uspto.gov/accommodation.

The United States Patent and Trademark Office is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factors. If you believe that you have been discriminated against and would like to file an EEO complaint, you must do so within 45 days of the date of the alleged discriminatory act. Claims of employment discrimination must be submitted to the attention of the USPTO's Office of Equal Employment Opportunity & Diversity via email (oeeod@uspto.gov) or phone (571-272-8292).

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Your eligibility for consideration and qualifications for the position will be determined based upon a review of your detailed resume.

Please Note: Writing samples may be requested prior to being interviewed.

Your resume and any other supporting documentation will be evaluated by a Human Resources Specialist. Falsifying your background, education, and/or experience is cause for not hiring you.

Please note that a complete application is required for consideration. (Please review the "Required Documents" section of this job announcement to see what must be included in a complete application).

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