William McGovern
About William
William (Bill) McGovern’s work for a U.S. congressman sparked his interest in law and government. In the years that followed, he worked as a prosecutor, a senior SEC enforcement lawyer, and a risk manager and senior regulatory advisor to a global investment bank.
Most recently, Bill was a partner at Kobre & Kim LLP, a global disputes and investigations firm. From these experiences, Bill gained perspective on the power of governments in regulating business, prosecuting conduct and imposing penalties. He brings to McGovern | Weems deep expertise and a range of strategies to advise and defend clients in government actions, in whatever jurisdiction they arise.
Bill’s experience includes living and working in Hong Kong and becoming a Hong Kong-qualified lawyer. While there, he advised a global bank and led a team of lawyers across Asia in advising on sales and trading issues. Bill also helped open and lead Kobre & Kim’s first office in Asia.
Throughout his professional life, Bill has been actively involved in public and private efforts to increase access to justice for marginalized communities, “good government” initiatives and public policy advocacy. Bill has served on non-profit boards to support education initiatives, immigration rights and diversity, and remains committed to improving the community in which he lives and works. He has also represented numerous pro bono clients over the years including prison inmates in civil rights litigation, parole hearings and advocacy in federal and state penal institutions. Bill has also worked with a range of whistleblowers as a way to improve government and private sector practices.
“William McGovern’s ‘regulatory and in-house background [at] the U.S. Securities and Exchange Commission (SEC) give him strong insight into how matters are likely to proceed and resolve.’” — The Legal 500 Asia Pacific
Select Engagements
Business Advisory
- Participated in top-to-bottom business conflict review for a global financial services company, which resulted in enhanced compliance, monitoring and training for employees.
- Drafted gift and entertainment guidelines and compliance/supervision policies for sales and trading business.
- Assisted in developing a global online system to track gifts and entertainment provided by the business to external stakeholders.
- Conducted insider trading training and advised on compliance policies for hedge funds and investment banking businesses.
- Advised a charitable organization on sexual harassment policy.
Regulatory Investigations + Enforcement
- Representation of CEO of an entertainment technology company in Securities and Exchange Commission (SEC) investigation and litigation.
- Representation of U.S. hedge fund in SEC investigation into financial misconduct stemming from a whistleblower complaint by a former employee.
- Representation of U.S. hedge fund in SEC investigation into controls related to confidential information which arose as a result of employee relationships.
- Representation of China-based CEO of a U.S. baby formula manufacturer in a SEC investigation into FCPA allegations
- Representation of head of derivatives trading desk at a global bank in the investigation of LIBOR trading practices conducted by the U.S. DOJ Fraud Division and U.S. Attorney’s Office for the Southern District of New York.
- Representation of an insurance company in investigation by the New York State Department of Financial Services into causes of the opioid crisis in New York.
Internal Investigations
- Representation of the special committee of the board of directors for a Fortune 100 media company in conducting an investigation into allegations of misconduct in the sale of overseas licensing rights, stemming from a whistleblower complaint.
- Conducted internal investigation of a global energy company involving whistleblower allegations of bribery offenses related to securing approvals for exploration and production rights in Asia.
- Representation of independent directors of a global nonprofit human rights organization in the investigation of sexual harassment and misconduct by a senior executive.
- Conducted an internal investigation of the Hong Kong office of a U.S. commodities trading firm in connection with a money laundering inquiry.
- Representation of an international medical equipment manufacturer in a series of discrete investigations into potential FCPA violations and bribery allegations.
- Representation of 20+ employees of a publicly-traded real estate and entertainment development company in relation to an internal investigation into possible FCPA violations.
Monitorships
- Service as integrity monitor of the multibillion-dollar intergovernmental Hurricane Sandy reconstruction efforts in New York City to ensure the nonoccurrence of fraud, waste and abuse.
- Advised local communities on strategies to mitigate fraud, waste and abuse in connection with the receipt and use of pandemic relief funds.
White-Collar Criminal Matters
- Representation of founder and CEO of U.S. private equity company and registered investment advisor in a criminal securities fraud case prosecuted by the US Attorney’s Office in the Eastern District of New York.
- Representation of founder and CEO of an entertainment technology company in criminal securities fraud case pending in the Southern District of Florida.
- Representation of founder and CEO of a global diamond-trading business facing investigation and criminal prosecution by the Indian Public Prosecutor’s Office into an alleged multi-billion dollar bank fraud and related investigations by U.S. prosecutors and the bankruptcy trustee.
- Representation of high-profile individual in a forced-labor RICO conspiracy prosecuted by the U.S. DOJ in the Eastern District of New York.
- Representation of U.S.-listed Korean manufacturing company in money-laundering investigation by U.S. Attorney’s Office in the Southern District of New York and Nassau County District Attorney’s Office.
- Representation of founder and CEO of a fine art delivery company in a tax fraud investigation by the Manhattan District Attorney’s Office.
- Representation of subject and testifying witness in a securities fraud case involving a hedge fund prosecuted by the Southern District of New York.
- Representation of a Hong Kong-listed Chinese company in an investigation conducted by the Hong Kong Independent Commission Against Corruption (ICAC) regarding potential bribery by one of the company’s senior executives.
- Representation of a senior Hong Kong-based executive of a major U.S. bank in an investigation conducted by the Hong Kong Independent Commission Against Corruption (ICAC), the U.S. Department of Justice (DOJ), the U.S. Securities and Exchange Commission (SEC) and the Federal Reserve Bank of New York, all relating to alleged Foreign Corrupt Practices Act (FCPA) violations concerning the bank’s hiring of individuals related to or otherwise connected with Chinese government officials and employees of Chinese state-owned entities.
- Representation of a Hong Kong-based logistics company in connection with an investigation by the DOJ Antitrust Division into alleged price-fixing in air cargo surcharges.
- Representation of a Japan-based executive of an international financial institution in investigations being conducted by the SEC, the Commodity Futures Trading Commission (CFTC) and the Department of Justice (DOJ) into allegations of anti-competitive behavior related to derivatives products.
- Representation of the Shanghai-based CEO of a reverse-merged Chinese company in connection with an investigation being conducted by the SEC into allegations of fraud regarding certain filings made with the agency pursuant to their listing on the Nasdaq stock market.
Thought Leadership
News
- William McGovern Addresses Latest Asia-U.S. Anti-Corruption Developments at IWCCS 2022
- William McGovern Talks to Foreign Policy Magazine on Meng Wanzhou Deferred Prosecution Agreement with DOJ
- William McGovern Article on Obtaining Post-COVID-19 Vaccination Compassionate Release published in New York Law Journal
- Podcast: William McGovern on the Recent Rise and Future of Whistleblowing Programs
- William McGovern Publishes Article on the U.S. TRAP Act and the (Potential) End of INTERPOL Notice Misuse in Law360
- William McGovern Discusses Shifting U.S. Immigration Enforcement at the Annual conference on Immigration Law
- William McGovern Discusses Litigation and Regulatory Risk in Current U.S.-China Climate
- William McGovern Discusses Regulatory Challenges for High Net Worth Individuals with Global Business Interests
- William McGovern Explores Wealth Structuring at STEP Cayman 2019
- William McGovern Addresses Investigations and Litigation in China at Fordham Law School Seminar
- Facing Government Enforcement in Multiple Jurisdictions? William McGovern Tackles the Stages of Cross-Border Investigations in Asia
- William McGovern Addresses Key Considerations for Internal Investigations in China
- William McGovern Participates in a Program for International Students at Fordham Law School
- William McGovern Participates in On-Demand Webinar: Untangling Hazards of Internal Investigations Conducted in Asias
- William McGovern Presents at the 6th Annual Global Forum on Anti-Corruption Compliance in High Risk Markets
- William McGovern Discusses Latest Developments in Anti-Bribery and Anti-Corruption Laws with the Hong Kong Lawyer
- William McGovern Discusses U.S. Enforcement Against Tax Evaders and Potential Risks in Asia
- William McGovern Presents at U.S.-China Legal Summit
- William McGovern Discusses Potential Legal Risks Chinese Companies Face When Doing Business in the U.S.
- William F. McGovern Shares Thoughts With FinanceAsia on What to Expect in 2015
- William McGovern Discusses Asia’s Increased Focus on Global Banking Investigations in The Wall Street Journal
- Kobre & Kim Opens Hong Kong Office, Becomes First U.S. Litigation Firm to Offer an Integrated Global Platform
Publications
- Panelist, “International White Collar Crime Symposium” (New York City Bar, New York City, November 2021)
- Co-author, “Envisioning a Future for COVID-19-Based Compassionate Release” (New York Law Journal, June 2021)
- Co-author, “Corporate Fraud & Corruption” (Financier Worldwide, April 2021)
- Co-author, “How Regulating GameStop’s ‘Market Manipulation’ Could Harm Crypto” (CoinDesk, March 2021)
- Co-author, “Trapping Interpol Misuse: Inside the Proposed TRAP Act” (Law360, May 2020)
- Co-author, “Why (and How) Public Companies and Traders Should Prepare for Regulatory Scrutiny Post-COVID-19” (Corporate Counsel, April 2020)
- Speaker, “The Ethics of Dealing with Government Surveillance and Client Confidentiality” (AILA Annual Conference on Immigration Law, Orlando, June 2019)
- Speaker, “Investigation & Litigation in China — eDiscovery Challenges” (Fordham Law School, New York, January 2018)
- Speaker, “Dealing With the Rise of Overseas Prosecutors: Counseling Senior Executives Facing Criminal Exposure in Multiple Jurisdictions” (Cambridge Forums’ Global Forum on Corporate Criminal Liability, Cascais, Portugal, March 2017)
- Co-author, “Investigations in the Middle Kingdom: What Florida Lawyers Need to Know About Internal Investigations in the People’s Republic of China” (International Law Quarterly, January 2017)
- Co-author, “Mitigating Risk in Asia-Based Investigations” (New York Law Journal, November 2016)
- Speaker, “The Cost of Doing Business: Understanding and Avoiding the Hazards of Internal Investigations in Asia” (Association of Corporate Counsel, Webinar, October 2016)
- Speaker, “Comparative Legal Systems and Special Enforcement Issues in China, the US & Beyond” (ABA Criminal Justice Section’s Global White Collar Crime Institute, Shanghai, November 2015)
- Speaker, “Hot Topics Involving US Litigation and China” (Center for Chinese Legal Studies of Columbia Law School and the Chinese Business Lawyers Association, November 2015)
- Speaker, “Rise in Individual Liability — How to Prepare for Increased Arrests, Dawn Raids and Executive Liability Charges in China and Indonesia?” (6th Global Forum on Anti-Corruption Compliance in High-Risk Markets, Washington DC, July 2015)
- Author, “In the land of the free, Chinese companies come up against the long arm of the U.S. law” (South China Morning Post, February 2015)
- Author, “Year of the Asian Regulator” (FinanceAsia, January 2015)
- Speaker, “An International Conundrum: Conducting an Internal Investigation on Behalf of a Multinational Organization” (New York Law Journal, Webinar, November 2014)
- Speaker, “Enforcement: Ensuring that You Get the Money You’re Owed” (Asialaw Asia-Pacific Dispute Resolution Summit, Hong Kong, September 2014)
- Speaker, “Navigating the White Collar Crime Landscape in China” (American Bar Association, August 2014)
- Author, “Ready or Not, Here Come the Asian Regulators” (The Wall Street Journal, June 2014)
- Guest Commentator, “Money for Nothing” (Radio Television Hong Kong, May 2014)
- Speaker, “Doing Business in China” (Practising Law Institute — The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2014, May 2014)
- Author, “Emerging Anti-bribery Risks for MNCs Operating in China” (The Foreign Corrupt Practices Act and International Anti-Corruption Developments in 2014, Practising Law Institute, March 2014)
- Speaker, “Investigating Corruption in China — Finding Balance” (Chinese University of Hong Kong, Faculty of Law Seminar, March 2014)
- Speaker, “Thought Leaders Conference” (Morgan Stanley, November 2013)
- Speaker, “SEC Regulation Outside the United States” (Investoregulation Financial Conference, March 2013)
- Speaker, “Will Corporate Transparency Survive in Hong Kong?” (Foreign Correspondents’ Club, February 2013)
- Speaker, “CSRC and SEC: In Search of a Path Forward” (Chinese Business Lawyers Association, February 2013)
- Contributor, “SEC Investigations Expanded to Cayman Islands, the Tax Haven” (The Economic Observer, February 2013)
- Co-author, “Scars of Sparring Over Audit Access” (Shanghai Daily, January 2013)
- Co-author, “Controversy Over Auditing May Lead to a Wave of China Delistings in U.S. (審計爭議或掀內企退市潮)” (Oriental Daily News, December 2012)
- Speaker, “Financial Due Diligence and Anti-bribery Laws” (International Bar Association’s Asia Pacific Mergers and Acquisitions Conference, November 2012)
- Author, “Resolving SEC-China Impasse is Negotiators’ Job” (China Daily, June 2012)
- Speaker, “How to Serve Clients in China with Your U.S. Litigation Practice” (American Bar Association, May 2012)
- Speaker, “Risks and Solutions for Chinese Companies Listed in the United States” (Willis, Skadden, and FTI Consulting, November 2011)
- Speaker, “Understanding Compliance and the SEC’s Enforcement Program” (Investoregulation’s Conference on SEC Regulation Outside the United States, October 2011)
- Speaker, “What Bernie Madoff Can Teach Us About Due Diligence and the Psychology of Investing” (STEP Conference, December 2010)
- Speaker, “SEC Enforcement Division: Bigger, Stronger, Faster. Why Should the Korean Business Community Care?” (IAKL, September 2010)
- Speaker, “Coordinating a Response to Allegations of Financial Fraud” (Bar Association of the City of New York, January 2006)
Credentials
Admissions
- New York
- Solicitor, Hong Kong
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. Tax Court
Education
- Temple University School of Law, J.D.
- University of Pennsylvania, B.A.
Accolades
- Benchmark Litigation, Asia-Pacific Dispute Resolution
- Chambers Asia-Pacific, Corporate Investigations/Anti-Corruption (International Firms) (China)
- Chambers Asia-Pacific, Dispute Resolution: Litigation (International Firms) (China)
- Chambers Global, Corporate Investigations/Anti-Corruption (International Firms) (China)
- The Legal 500 Asia-Pacific, Anti-Corruption and Compliance (Hong Kong)
- The Legal 500 Asia-Pacific, Dispute Resolution (Hong Kong)
- Who’s Who Legal, Investigations
Professional & Community Involvement
- Legal Outreach, Advisory Board Member
- American Club in HK, Board Member
- Justice in Motion, Board Member
- Grameen Foundation Asia, Founding Friend
- International Bar Association, Member
- American Bar Association, Member
- Shaker Heights School Foundation, Trustee