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OFFICE OF THE GENERAL COUNSEL
OFFICE OF THE GENERAL COUNSEL
Unique and Exciting Opportunities
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Richard V. Spencer
Secretary of the Navy
Privacy and Security Policy
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OFFICE OF THE GENERAL COUNSEL
DON OGC attorneys engage in a wide variety of practice areas. The majority of attorneys practice in government contracts law, complex litigation, employment & labor law, and intellectual property law. Several attorneys are also well versed in more than one practice area, especially in our field offices.
Government Contract attorneys support all aspects of the Navy and Marine Corps research, development, and acquisition programs, and ensure consistency in policy and practice in this subject area.
Our attorneys advise clients and provide legal opinions on a variety of Federal acquisition law-related matters to include: contractual interpretation; drafting and reviewing contractual modifications; contract disputes and claims; responding to bid protests; drafting and reviewing acquisition-related documents; and preparing or reviewing responses to Congressional, Government Accountability Office (GAO), Inspectors General, and Naval Audit Service requests, and writing acquisition policy and legislative proposals.
Government Contract attorneys also represent the DON before the Government Accountability Office (GAO) (bid protests) and the Armed Services Board of Contract Appeals (ASBCA) (contract claims). They work with the Department of Justice in contract related cases at the Court of Federal Claims (COFC) and in Federal District Courts. They participate in complex negotiations with contractors, subcontractors, and their attorneys, on legal matters arising throughout the acquisition process. Attorneys also are also asked to represent the DON on acquisition matters before Congressional members and their staffs, and other federal agencies such as the Office of Management and Budget (OMB), the Congressional Budget Office (CBO) and the Small Business Administration (SBA).
Employment & Labor*
Employment & Labor attorneys (called Civilian Personnel Law or CPL attorneys) provide advice and guidance to DON management on various employee relations and personnel policy issues.
Our attorneys work closely with their respective Human Resources offices to advise on performance and conduct, Family Medical Leave Act (FMLA), reasonable accommodations, worker's compensation, and a host of other personnel matters.
Employment & Labor attorneys also represent the DON when personnel-related complaints are filed, including: handling administrative hearings before the Equal Employment Opportunity Commission (EEOC), Merit Systems Protection Board (MSPB), Federal Labor Relations Authority (FLRA), and in arbitrations; and assisting the Department of Justice in Federal District and Appellate DON court cases.
Complex Litigation attorneys work for the Naval Litigation Office (NLO), and typically handle cases involving hundreds of millions of dollars or that have critical impacts on the mission of the DON.
Complex litigation cases cover multiple practice areas, including Government Contracts, Bankruptcy, Real Estate, Administrative Law, Environmental Law, and Employment & Labor Law.
Our attorneys represent the DON before various Federal and State courts and administrative tribunals.
Intellectual Property attorneys conduct the full range of practice before the United States Patent & Trademark Office (USPTO), working closely with DON clients to prepare and prosecute patent and trademark applications.
Our attorneys advise military and civilian clients on Intellectual Property matters, such as ensuring the DON receives rights in inventions, technical data, and computer software needed for Navy and Marine Corps use, and licensing the DON's intellectual property for commercialization.
Intellectual Property attorneys also resolve administrative claims for patent and copyright infringement, handle USPTO Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB) matters, and assist the Department of Justice on patent and copyright infringement cases.
Environmental attorneys advise on issues of environmental law and policy, including environmental planning; natural and cultural resource compliance; water, air and land environmental compliance and enforcement; and encroachment control.
Our attorneys provide legal reviews of policy instructions and directives, draft and advocate for legislative proposals in support of DON operations, and advocate against legislative proposals that have the potential to impact DON operations.
Environmental attorneys also assist the Naval Litigation Office and the Department of Justice on environmental-based litigation
Our attorenys also work closely on operational environmental issues with the uniformed lawyers serving on active duty in the Judge Advocate General's Corps.
Energy attorneys advise clients on a wide range of matters relating to the DON's operational and installation energy programs. These matters often include elements of environmental, fiscal, acquisition, and real property law. Representative projects include supporting development of renewable energy projects on DON land, developing intra- and inter-agency support agreements, and reviewing legislative initiatives.
Our attorneys play a significant role in DON and Department of Defense (DoD) policy development. This includes coordinating with counsel in the military services and DoD on energy-related rulemakings, as well as commenting on proposed DON/DoD directives, instructions, and policy memoranda.
Energy attorneys provide legal support and counsel on Outer Continental Shelf matters, such as Liquefied Natural Gas transport & infrastructure development, and efforts by states to expand their control and interest into federal waters for energy production and development.
Government Ethics and Standards of Conduct*
Ethics attorneys provide advice regarding the standards of conduct applicable to employees of the DON.
Our attorneys examine issues and situations to determine whether they present an actual or apparent conflict of interest or otherwise raise a concern about the integrity of the DON's employees and its decision making processes. The attorneys work with all concerned to resolve any potential issues before they become a problem, enabling the work of the office and the Department to continue unimpeded.
Ethics counselors also provide advice on post-governmental employment restrictions and review confidential and public financial disclosures of government employees to identify potential conflicts of interest.
[Link to Ethics Page]
Fiscal law attorneys provide legal advice and support on a wide variety of matters including budget policy and procedures, legislative drafting, the interpretation of authorization and appropriations acts, continuing resolutions, budget execution, the use of expired funds, and interpretations of the Antideficiency Act.
Our attorneys also furnish advice and assistance in program execution, military construction, working capital funds, and non-appropriated fund instrumentalities.
Fiscal law attorneys coordinate on fiscal matters involving other military departments, the Department of Defense, the Office of Management and Budget, the Government Accountability Office and the congressional oversight committees
Real estate attorneys advise on all legal aspects of the Federal real estate process from acquisition (via voluntary sale or condemnation) to disposal of all types of property interests, to include ownership, leases, easements, joint use, licenses and covenants.
Our attorneys also examine real estate issues related to specialized legal topics including environmental law, contract law, fiscal law, and Base Realignment and Closure (BRAC) law and regulations.
Cyber law attorneys specialize in the prevention of cybercrimes by protecting information access, privacy, and communications related to the use of the Internet, websites, emails, computers and other devices.
Our attorneys also manage the Intelligence Oversight Program to ensure that all DON employees are fully aware of intelligence oversight guidance, correction, and reporting procedures for questionable activity and violations.
Other Practice Areas
DON OGC also has attorneys who practice highly specialized areas of law, such as Arms Control Implementation and Compliance; Export Control; Alternative Dispute Resolution; Human Subject Research Protection Program; Freedom of Information Act/Privacy Act; Admiralty law; and Maritime Regulatory Law.
Arms Control Implementation and Compliance
* Alternative Dispute Resolution (ADR)
Freedom of Information Act (FOIA) / Privacy Act Law
Human Research Protection Program (HRPP)
* Maritime Regulatory Law
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