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Stephen Fishbein

Partner

Stephen Fishbein, a partner in the Litigation Group and co-chair of the criminal and enforcement practice, has extensive experience in internal investigations, criminal defense, antitrust, and commercial litigation and regularly represents individuals, corporate clients, boards of directors and senior management on a variety of sensitive criminal and commercial matters.  

A recognized trial lawyer, Mr. Fishbein served as counsel to Todd Newman, former portfolio manager at Diamondback Capital, in the landmark United States v. Newman case that clarified the scope of criminal insider trading.  For his instrumental role in that case, Mr. Fishbein was named a “Litigator of the Year” by the American Lawyer and was also recognized as a Law360 “White Collar MVP of the Year.”  Mr. Fishbein’s experience also includes representing Citigroup in the $400 million fraud investigation of its Banamex subsidiary as well as Cargolux Airlines International in civil and criminal proceedings relating to alleged price-fixing and corruption.

In addition, Mr. Fishbein has represented major US and international corporations in the media, airline, biotech, energy, automotive, chemical and energy industries in complex commercial and antitrust litigation. Among his high-profile wins are complete victories for German automotive engineering firm, Continental AG, in trials concerning a shareholders agreement and an asset purchase agreement, and for NBC in an arbitration concerning an investment agreement with another network.

Prior to joining Shearman & Sterling, Mr. Fishbein was an Assistant United States Attorney in the Southern District of New York, specializing in prosecutions of bank fraud and computer fraud.  He is a Fellow of the American College of Trial Lawyers and has conducted many jury and non-jury trials while at the firm as well as over a dozen criminal trials during his tenure at the US Attorney’s Office.  He also served as a law clerk to the Honorable Jon O. Newman, Second Circuit Court of Appeals.

Chambers USA applauds Mr. Fishbein as an “incredibly smart” litigator whom clients praise for his “impressive trial practice” and “very, very efficient” approach. In addition, peers in Benchmark Litigation hail his work on the Newman matter as “precedent-setting” and “a clear game-changer.

Selected Experience

  • Trial counsel to Todd Newman, former portfolio manager at Diamondback Capital, in criminal insider trading prosecution
  • Carl Shapiro family in DOJ investigation and Bankruptcy Trustee claims arising from Madoff fraud
  • Baker Hughes Incorporated as DOJ and SEC appointed independent compliance monitor to report and make recommendations on anti-corruption compliance issues
  • Cargolux Airlines International, S.A. in civil and criminal proceedings relating to an alleged price-fixing cartel to fix the price of air cargo rates and fuel surcharges
  • Continental AG in a dispute with Grupo Carso over alleged breach of a shareholder’s agreement, breach of fiduciary duty and other claims (bench trial, New York Supreme Court, Commercial Division)
  • Viacom Inc. in a dispute with the owners of the Nickelodeon Hotel over territorial exclusivity and other issues (New York Supreme Court, Commercial Division)

Selected Publications

  • When Is Confidential Information Really Confidential? A Recent Second Circuit Case Opens A New Door On An Old Question, American Bar Association, White Collar Conference 2012
  • Disclosure Of Evidence In US and EU Civil Cartel Matters, American Bar Association, International Cartel Workshop 2012
  • The UK Bribery Act 2010, The Review of Securities & Commodities Regulation, (August 17, 2011)
  • Compliance Advisors Reduce FCPA Risk, Law.com, May 26, 2010
  • Confidentiality Waivers in Global Cartel Investigations, American Bar Association, International Cartel Workshop 2012
  • The Scope of “Direct” Effect Under the Foreign Trade Antitrust Improvements Act, American Bar Association, International Cartel Workshop 2010
  • Discovery From Foreign Defendants in U.S. Civil Antitrust Proceedings, American Bar Association, International Cartel Workshop 2008
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Education

  • Yale Law School, J.D., 1987, Editor, Yale Law Journal
  • Dartmouth College, A.B., 1983, summa cum laude

Courts

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