Joseph J. McGovern has over 30 years of experience in a wide variety of practice areas. During the last 20 years he has concentrated primarily on environmental law and litigation.
Mr. McGovern has represented a diverse client base including multinational corporations, regionally prominent businesses and individuals. He is special environmental counsel for clients based in Pennsylvania, New Jersey, Ohio, New York, Massachusetts, Connecticut and Michigan.
Mr. McGovern has tried numerous cases (jury and non-jury) to verdict. He has litigated environmental claims arising from high-rise office building fires; electrical equipment failures; pipeline accidents; hazardous materials spills; historic waste disposal practices; and alleged non-compliance with federal and state regulations applicable to manufacturers and recyclers.
Mr. McGovern has successfully represented corporate officers alleged to have violated criminal provisions of the Federal Clean Water Act. He has conducted "in house" investigations on behalf of boards of directors. He has represented companies and senior managers alleged to have violated the False Claims Act.
Mr. McGovern's experience in technical disciplines and manufacturing processes led to a recent invitation to handle a corporate espionage case involving a specialty chemical manufacturer (Bro-Tech Corp. (USA) v. Thermax Inc., et al. (India)). In that case, he negotiated a settlement on behalf of Bro-Tech Corp. for $38 million.
Similarly, he was recently appointed by the Bankruptcy Court to serve as special litigation counsel to a Chapter 7 Trustee, to pursue fraud claims against certain officers, directors, indenture trustees and nationally prominent lenders to recover over $700 million wrongfully converted in an Enron-like scheme that forced the company into bankruptcy and left 22,000 (mostly elderly) investors with nothing. (In Re: American Business Financial Services, Inc., et al.) and (Miller v. Santilli, et al.).
Prior to joining Obermayer in 1990, Mr. McGovern was senior counsel in the Environmental Enforcement Section of the U.S. Department of Justice. For four years he served as litigation team leader in high priority enforcement cases brought under Superfund, the Resource Conservation and Recovery Act, the Clean Water Act and the Clean Air Act. While with the Justice Department, Mr. McGovern was one of the government's principal litigators in numerous cases of national significance.
Before joining the Environmental Enforcement Section, Mr. McGovern served for four years as an Assistant United States Attorney for the District of Massachusetts.
He has published a series of monographs on topical issues arising under federal environmental laws and has frequently planned and presented environmental law courses and in-house training seminars.
Federal Reported Cases
BRO-TECH Corporation t/a the Purolite Company. v. THERMAX, INC., 2010 WL 147921 (E.D.Pa. 2010)
BRO-TECH Corporation t/a the Purolite Company. v. THERMAX, INC., 651 F. Supp.2d 378 (E.D.Pa. 2009)
BRO-TECH Corporation t/a the Purolite Company. v. THERMAX, INC., 2009 WL 737349 (E.D.Pa. 2009)
In re American Business Financial Services, Inc., 384 B.R. 80 (Bkrtcy.D.Del., March 20, 2008)
In re American Business Financial Services, Inc., 384 B.R. 66 (Bkrtcy.D.Del., March 20, 2008)
Miller v. Santilli, 2008 WL 355516 (E.D.Pa., February 07, 2008)
In re American Business Financial Services, Inc., 375 B.R. 112 (Bkrtcy.D.Del., September 07, 2007)
Miller v. Santilli, 2007 WL 839981 (E.D.Pa., March 15, 2007)
In re American Business Financial Services, Inc., 362 B.R. 135 (Bkrtcy.D.Del., February 13, 2007)
In re American Business Financial Services, Inc., 361 B.R. 747 (Bkrtcy.D.Del., February 13, 2007)
In re American Business Financial Services, Inc., 360 B.R. 74 (Bkrtcy.D.Del., February 13, 2007)
Portnoy v. Omnicare Pharm., Inc., No. 02-2905, 2004 U.S. Dist. LEXIS 12235 (E.D. Pa. June 25, 2004)
Allianz Ins. Co. v. SSR Realty Advisors, Inc., No. 02-7253, 2003 U.S. Dist. LEXIS 9585 (E.D. Pa. June 5, 2003)
Thompson Precision Ball Co. v. PSB Assocs. Liquidating Trust, No. 99 C 6943, 2001 U.S. Dist. LEXIS 340 (D.Conn. Jan. 11, 2001)
Cigna Ins. Co. v. Didimoi Prop. Holdings, 110 F.Supp.2d 259 (D.Del. 2000)
Keystone Coke Co. v. Pasquale, No. 97-6074, 1999 U.S. Dist. LEXIS 2591 (E.D. Pa. Mar. 9, 1999)
Keystone Coke Co. v. Pasquale, No. 97-6074, 1999 U.S. Dist. LEXIS 2589 (E.D. Pa. Mar. 9, 1999)
Keystone Coke Co. v. Pasquale, No. 97-6074, 1999 U.S. Dist. LEXIS 170 (E.D. Pa. Jan. 7, 1999)
Hyde Athletic Indus., Inc. v. Continental Cas. Co., 969 F.Supp. 289 (E.D. Pa. 1997)
United States v. Keystone Sanitation Co, No. 1:CV-93-1482, 1996 U.S. Dist. LEXIS 13651 (M.D. Pa. Aug. 22, 1996)
United States v. Atlas Minerals and Chemicals, Inc., No. 91-5118, 1995 WL 510304 (E.D. Pa. Aug. 22, 1995)
United States v. Atlas Minerals and Chemicals, Inc., 851 F.Supp. 639 (E.D. Pa. 1994)
United States v. Keystone Sanitation Co., 885 F.Supp. 672 (E.D. Pa. 1994)
United States v. Atlas Minerals and Chemicals, Inc., No. 91-5118, 1993 WL 485561 (E.D. Pa. Nov. 15, 1993)
United States v. Atlas Minerals and Chemicals, Inc., No. 91-5118, 1993 WL 406727 (E.D. Pa. Oct. 4, 1993)
Blount Int'l, Ltd. v. Schuylkill Energy Res. Inc., No. 88-3886, 1990 U.S. Dist. LEXIS 17366 (E.D. Pa. Dec.17, 1990), aff'd 16 F.3d 402 (3d Cir. 1993)
Macht v. Skinner, 916 F.2d 13 (D.C. Cir. 1990)
Macht v. Skinner, 715 F.Supp. 1131 (D.D.C. 1989)
United States v. Charles George Trucking Co., 823 F.2d 685 (1st Cir.1987)
United States v. Mattiace Indus. Inc., 73 B.R. 816 (E.D.N.Y. 1987)
United States v. Charles George Trucking Co., 624 F.Supp.1185 (D.Mass. 1986)
United States v. Metropolitan Dist. Comm'n, No. 85-0489-MA, 83-1614-MA, 1985 WL 9071 (D.Mass. Sept. 5, 1985)
Conservation Law Found. of New England, Inc. v. Clark, 590 F.Supp.1467 (D.Mass. 1984)
Greenwald v. Olsen, 583 F.Supp. 1002 (D.Mass. 1984)
Bouchard v. Sec'y of Health and Human Serv., 583 F.Supp. 944 (D.Mass. 1984)
Maslauskas v. United States, 583 F.Supp. 349 (D.Mass. 1984)
Ahern v. U.S. Army Materials and Mechanics Research Ctr., 580 F.Supp. 1405 (D.Mass. 1984)
United States v. 125.2 Acres of Land, 732 F.2d 239 (1st Cir. 1984)
United States v. 0.37of an Acre of Land, 577 F.Supp. 236 (D.Mass. 1983)
9 to 5 Org. for Women Office Workers v. Bd. of Governors of the Fed. Res. System, 721 F.2d 1 (1st Cir. 1983)
United States v. 177.5 Acres of Land, 716 F.2d 78 (1st Cir. 1983)
United States v. 125.02 Acres of Land, 707 F.2d 11 (1st Cir. 1983)
United States v. 176.10 Acres of Land, 558 F.Supp. 1379 (D.Mass. 1983)
Fitzpatrick v. Pierce, 553 F.Supp. 167 (D.Mass. 1982)
9 to 5 Org. of Women Office Workers v. Bd. of Governors of the Fed. Res. System, 551 F.Supp. 1006 (D.Mass. 1982)
United States v. 125.07 Acres of Land, 667 F.2d 243 (1st Cir.1981)
Branning v. United States, 654 F.2d 88 (Cl. Ct. 1981)
Appeal of Goodrich Engineering Inc., 80-2 BCA P 14780, 1980 WL 2737 (A.S.B.C.A. Oct. 10, 1980)
Appeal of Brinegar & Fuller Inc., 80-1 BCA P 14334, 1980 WL 2964 (A.S.B.C.A. Feb. 28, 1980)
Professional & Civic Activities
Programs Vice Chair: American Bar Association's Section of Environment, Energy, and Resources Environmental Transactions and Brownfields Committee (2012-2013)
Lecturer: EPA Region II, Environmental Regulation Conference
Lecturer: U.S. Dept. of Justice, Environmental Enforcement Section Lecture Series
Lecturer: U.S. Dept. of Justice, Attorney General's Advocacy Institute
Student Advisor: Trial Advocacy Workshop, Harvard Law School
Leader of Explorer Post 912: (Careers in the law), Exploring Division of Philadelphia Council of Boy Scouts of America
Board Member: Cystic Fibrosis Foundation, Bethesda, MD
Patient Liaison: Family Support Services, St. Christopher's Hospital, Philadelphia, PA
Member: Cystic Fibrosis Patient and Family Advisory Board, The Children's Hospital of Philadelphia, PA
Cabinet Member: World Affairs Council of Philadelphia