Trial Attorney (Labor)

Department of Labor

This is a trial attorney position in the Plan Benefits Security Division ("PBSD"), Office of Solicitor ("SOL"), U.S. Department of Labor. PBSD provides legal advice and litigation services to the Employee Benefits Security Administration relating to the Employee Retirement Income Security Act of 1974 ("ERISA"). PBSD conducts complex litigation under ERISA to protect the interests of workers and retirees in their pension, health, and other ERISA-covered employee benefit plans.

• The incumbent represents the Secretary of Labor as plaintiff in civil litigation enforcing the Employee Retirement Income Security Act of 1974 ("ERISA") and portions of the Affordable Care Act of 2010 ("ACA") in United States district courts throughout the country. The incumbent will work under the supervision of senior attorneys and often as part of a litigation team. The litigation protects the pension and health benefits of employees participating in ERISA-covered benefit plans by obtaining injunctive and substantial monetary relief against plan trustees and other fiduciaries who have breached their fiduciary duties under ERISA. The pension benefit cases often involve investments of plan assets, and an understanding of the financial transactions at issue is important to evaluating the merits of the case and effectively using our expert witnesses and challenging the opponents' experts. The health benefit cases involve novel and challenging issues under ERISA and the ACA and may require expert witnesses. The incumbent will also litigate cases seeking civil monetary penalties under ERISA section 502(c)(2) before administrative law tribunals. The incumbent's responsibilities include legal assistance during investigations conducted by our client agency within DOL, the Employee Benefits Security Administration ("EBSA"), reviewing investigations conducted by EBSA, and preparing a written factual and legal analysis and recommendation as to whether the Secretary should bring an enforcement suit based on the investigation. The attorney is responsible for preparing court pleadings and motions, arguing and presenting evidence and witnesses in court hearings, and conducting all forms of pretrial discovery, settlement negotiations, and trials, often as part of a team of attorneys with various levels of experience. These responsibilities require the ability to aggressively pursue the litigation to conclusion through settlement, summary judgment, or trial and the ability to work cooperatively with other trial attorneys, supervisors, paralegals, and support staff. The incumbent may also have the opportunity to brief and argue appeals in the U.S. Courts of Appeals, including cases in which the Secretary is participating as amicus curiae.The incumbent may also provide legal opinion and advice in connection with drafting or reviewing regulations under the ERISA, proposed legislation, ERISA prohibited transaction exemptions, ERISA advisory opinions, and other legal guidance.

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