Attorney Advisor

Job Title

Legal Advisor

Duties

Provides 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:

• Analyzing the factual and legal issues presented to determine what further facts are needed and what legal sources are applicable.
• Reviewing policies, procedures, regulations, technical manuals, and other agency publications, including domestic and foreign financial market regulators.
• 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.
• 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.
• 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.
• 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.

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

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.