Robert J. McGahan
Areas of Practice
Bob McGahan is a partner in Goodwin Procter’s Litigation Department and a member of its White Collar Crime & Government Investigations Practice, Commercial Litigation Practice, and its Securities Litigation & SEC Enforcement Practice. A trial lawyer who has served as lead or co-lead counsel in more than a dozen trials and arbitrations, Mr. McGahan represents corporations and individuals in connection with grand jury investigations, post-indictment proceedings, other government enforcement actions, and civil litigation. In particular, he has represented lawyers, law firms, and other professionals in criminal and civil proceedings, and has extensive experience litigating attorney-client privilege and attorney work-product issues. He also assists corporations and other entities with compliance with state and federal regulatory matters, including the Sarbanes-Oxley Act and the Foreign Corrupt Practices Act. Prior to joining the firm, Mr. McGahan was an Assistant United States Attorney (AUSA) in the Major Frauds Section of the U.S. Attorney’s Office for the Central District of California in Los Angeles.
Work for Clients
Some of Mr. McGahan’s prior representations have included (i) representation of a businessman in a complex tax and bank fraud trial, in which the client was acquitted on all substantive bank fraud counts and his tax convictions were reversed on appeal; (ii) representation of a target in a criminal price-fixing investigation in which the government declined to bring charges; (iii) representation of a target in a tax and money laundering investigation; after making presentation to the government, it declined to bring charges; and (iv) representation of an accountant for a major record label in parallel civil and criminal proceedings, which were resolved on terms favorable to the client.
Professional Experience
As an AUSA, Mr. McGahan represented the United States in criminal proceedings at trial and in the court of appeals. Notably, he served as one of the lead prosecutors in the grand jury investigation of and post-indictment proceedings against a prominent class action law firm for paying illegal kickbacks and obstructing justice in United States v. Milberg Weiss LLP, et al., a case which one leading financial newspaper described as “a watershed moment in the history of the U.S. legal system.” The case resulted in eight convictions, including four senior partners of Milberg Weiss. See United States v. Melvyn I. Weiss; United States v. William S. Lerach, United States v. David J. Bershad; and United States v. Steven G. Schulman. Mr. McGahan also served as a Special Assistant United States Attorney in the Eastern District of Pennsylvania, and led the investigation and prosecution of an expert witness who repeatedly committed perjury in connection with class action cases brought by Milberg Weiss and other law firms. See United States v. John B. Torkelsen. In addition, Mr. McGahan prosecuted securities brokers in a penny-stock “pump-and-dump” scheme; prosecuted an internet auction and bank fraud case; prosecuted a government program fraud case involving the United States Department of Agriculture food stamp program; and briefed and argued numerous cases in the United States Court of Appeals for the Ninth Circuit. He also served as Acting Deputy Chief...more » As an AUSA, Mr. McGahan represented the United States in criminal proceedings at trial and in the court of appeals. Notably, he served as one of the lead prosecutors in the grand jury investigation of and post-indictment proceedings against a prominent class action law firm for paying illegal kickbacks and obstructing justice in United States v. Milberg Weiss LLP, et al., a case which one leading financial newspaper described as “a watershed moment in the history of the U.S. legal system.” The case resulted in eight convictions, including four senior partners of Milberg Weiss. See United States v. Melvyn I. Weiss; United States v. William S. Lerach, United States v. David J. Bershad; and United States v. Steven G. Schulman. Mr. McGahan also served as a Special Assistant United States Attorney in the Eastern District of Pennsylvania, and led the investigation and prosecution of an expert witness who repeatedly committed perjury in connection with class action cases brought by Milberg Weiss and other law firms. See United States v. John B. Torkelsen. In addition, Mr. McGahan prosecuted securities brokers in a penny-stock “pump-and-dump” scheme; prosecuted an internet auction and bank fraud case; prosecuted a government program fraud case involving the United States Department of Agriculture food stamp program; and briefed and argued numerous cases in the United States Court of Appeals for the Ninth Circuit. He also served as Acting Deputy Chief for the Major Frauds Section. Prior to his joining the United States Attorney’s Office, Mr. McGahan was a partner in the Los Angeles office of Bird Marella Boxer & Wolpert, P.C., an associate in the Washington, D.C. office of Skadden Arps Slate Meagher & Flom and an associate in the Washington, D.C. firm of Miller Cassidy Larroca & Lewin LLP. Following law school, he served as a law clerk to the Honorable Thomas Penfield Jackson of the United States District Court for the District of Columbia. Before entering law school, Mr. McGahan served as an M1A1 tank company executive officer and tank platoon leader in the United States Army in the Federal Republic of Germany. less »
Bar and Court Admissions
Mr. McGahan is admitted to practice in California.
Honors and Awards
Mr. McGahan has been recognized by the Los Angeles Daily Journal as one of the “Top 100 Lawyers in California.”
Education
J.D., Georgetown University Law Center, 1993 (magna cum laude, Order of the Coif)
M.A., Harvard University, 1988
A.B., University of California at Berkeley, 1985 (with distinction)
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