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Office
of The Assistant General Counsel
for Finance and Litigation: General Litigation Division
Our Mission
The General Litigation Division ("GLD") provides
services to U. S. Department of Commerce ("DOC") client agencies
(except the Patent & Trademark Office) in the following areas:
Bankruptcy
- Counsel, prepare documents for and represent clients in bankruptcy cases.
This includes legal services ranging from filing proofs of claim to advocating
DOC's interests in disputes, including any disputes that may arise with
other federal agencies and the states. Although client agencies often
remain the primary points of contact for notices, GLD works with and through
the U.S. Department of Justice (including the U.S. Attorneys) ("DOJ")
to prosecute the claims and defend the interests of such agencies.
Commercial Matters
- Counsel, prepare documents for and represent client agencies regarding
the administration and collection of loan-related indebtedness under a
variety of programs. This includes the appropriateness and form of repayment
assistance; bankruptcy and non-bankruptcy loan work-outs and bond restructuring;
the liquidation or other disposition of collateral, including the requisite
transactional work; and general support on programmatic needs where commercial
law considerations play a significant role. In addition, GLD provides
legal representation for agencies on matters related to enforcement of
loan agreements, bond resolutions, guarantees, and an assortment of collateral
and security interests.
Debt Collection
- Provide guidance to and oversight of DOC agencies respecting the collection
of indebtedness arising under myriad programs. In addition, GLD reviews
all requests by client agencies to the Assistant General Counsel for Finance
and Litigation to terminate the collection of such indebtedness.
Employee Personal Property Claims
- Counsel client agency claims officers and attorneys who process personal
property claims, and provide an appellate review function regarding disputed
claims.
Environmental Matters
- Provide defensive environmental support and representation for most
of DOC, including on issues or in litigation arising under the Comprehensive
Environmental Response, Compensation, & Liability Act (Superfund),
the National Environmental Policy Act, the Resource Conservation and Recovery
Act, the Toxic Substances Control Act, and a number of other environmental
statutes. GLD staff have been involved in several of the first "Brownfields"
transfers of federal property under Section 120(h) of Superfund.
False Claims
- Counsel, prepare documents for and represent DOC respecting whether
the Government should seek relief in Qui Tam actions and under the Program
Fraud Civil Remedies Act ("PFCRA"). This includes providing
DOC's recommendations respecting seeking such relief and, if DOJ decides
the Government should proceed, providing legal support to DOJ in Qui Tam
matters and prosecuting PFCRA cases.
Service of Process and Requests and/or Subpoenas for Employee
Testimony and Documents
- Counsel client agencies and make determinations regarding DOC's Touhy
Regulations [15 C.F.R. Part 15, exclusive of Subpart C at §§
15.21-15.25] pertaining to: 1) service of process, including summonses
and complaints involving the DOC or DOC officials or other employees for
official acts (Subpart A); 2) requests and/or subpoenas for testimony
by employees and the production of documents in legal proceedings; and
3) requests for legal representation of DOC employees sued in their individual
capacity for official acts, and indemnification of DOC employees for verdicts,
judgments or settlements involving the employee personally for official
acts (Subpart D).
Tort Claims, Litigation and Liability Issues
- Handle all DOC tort issues, including performing all programmatic as
well as legal functions. This encompasses processing all administrative
tort claims, providing counsel regarding tort liability issues, and preparing
documents for and representing DOC respecting tort matters.
Litigation Support
- If cases in any of the foregoing areas involve litigation, provide legal
support to DOJ, including by: 1) gathering documents for production and
preparing witnesses for depositions during discovery; 2) researching facts
and assisting with memoranda of law for motion practice; and 3) assisting
with trial preparations and with appellate briefs for trials and appeals.
In addition, when designated, act as Special Trial Attorneys and Special
Assistant United States Attorneys.
General Matters
- Coordinate and cooperate with other offices within the Office of the
General Counsel in all areas of law as appropriate. Perform special projects
as may be directed by the Assistant General Counsel for Finance and Litigation.
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