Office of the General
Counsel
William E. Kovacic, General Counsel
The General Counsel is the Commission's
chief legal officer and adviser. The office's major functions
are representing the Commission in court and providing legal
counsel to the Commission, the operating bureaus, and other
offices.
The FTC Act authorizes the Commission to
represent itself, through its own attorneys, in a variety
of actions in federal court. Thus, the office defends actions
seeking judicial review of Commission cease and desist orders
and trade regulation rules, enforces civil investigative demands
and other compulsory process, handles the appellate phase
of suits brought by the Commission for preliminary and permanent
injunctive relief, and assists the bureaus in actions for
injunctive relief in district court. It also cooperates with
the Department of Justice in defending actions to enjoin agency
action, and furnishes advice and assistance in other litigation
activities, including suits for consumer redress and preparing
amicus curiae briefs authorized by the Commission.
The office advises the Commission and the
staff on issues of law and policy and helps assure Commission
compliance with such statutes and regulations as the Administrative
Procedure Act, the Government in the Sunshine Act, the Freedom
of Information Act, the Civil Service Reform Act, the Ethics
in Government Act, and the Commission's Rules of Practice.
The office is responsible for proposing necessary amendments
to the Rules and various chapters of the Commission's Operating
Manual. It also provides advice to the Commission on adjudicative
matters and to the Commission and staff on issues concerning
the agency's jurisdiction, statutory authority, and administration,
including matters relating to regulatory agendas, personnel,
contracting, budgeting, and tort claims.
The General Counsel's office prepares responses
to formal Congressional requests for information about Commission
actions. It conducts or assists with briefings of Congressional
staff members and prepares or assists in the preparation of
testimony for Congressional hearings. It coordinates the Commission's
relations with state Attorneys General and other state and
local law enforcement agencies. The office provides opinions
to Commissioners and staff concerning avoidance of conflicts
of interest, decides applications by former employees for
clearance to appear in Commission proceedings, and reviews
and certifies financial disclosure reports. It conducts ethics
training in accordance with the Office of Government Ethics
annual training regulation. The office also decides Freedom
of Information Act appeals; requests by state and federal
law enforcement agencies for access to nonpublic documents;
and requests for confidential treatment, in lieu of placement
on the public record, of materials submitted to the Commission.
The FTC General Counsel's Office can be reached at (202) 326-2424.
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