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Stephen Fishbein

Partner

Criminal Defense and Internal Investigations Includes Representation of:

  • Todd Newman, former portfolio manager at Diamondback Capital, in criminal insider trading trial, US v. Newman et al. No. 12 Cr. 121 (S.D.N.Y. 2012). Obtained landmark Second Circuit decision reversing Mr. Newman’s conviction and dismissing all charges against him.
  • David Nichols, executive of Bank of New York Mellon, in DOJ FIRREA action alleging fraud in connection with foreign exchange pricing, US v. Bank of NY Mellon and David Nichols, No. 11 Civ. 6969 (S.D.N.Y. 2012)
  • Citigroup in investigation of $400 million fraud at Banamex subsidiary, including internal investigation and representation of the Company before DOJ, SEC and regulatory agencies
  • 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
  • Nokia and Nokia Siemens Networks in worldwide FCPA investigation
  • ABB Ltd. in worldwide FCPA investigation and related sale of ABB’s upstream oil and gas business
  • Four former CEOs and CFOs of Titan Wireless Corp. in DOJ and SEC investigations under the FCPA
  • Three executives of Japanese electronics firm in SEC investigation of FCPA issues
  • Individual accused of insider trading in the ImClone insider trading case
  • International mining company in OFAC/trade sanctions related investigation by US authorities
  • Foreign and domestic financial institutions in internal investigations and civil and criminal proceedings relating to insider trading, improper accounting and other issues
  • Several European manufacturing and service companies in U.S. criminal price-fixing investigations (see below for more detail of antitrust experience)

Antitrust Experience Includes Representation of:

  • Syngenta Seeds, Inc. in a civil lawsuit alleging that Monsanto Company monopolized the U.S. market for genetically modified corn seeds
  • Regional hospital in dispute with other area hospitals over physician licensing practices
  • Industrial manufacturing company in cartel investigation in India
  • Japanese auto-parts manufacturing company in civil and criminal proceedings related to alleged price-fixing cartel
  • Cargolux Airlines International, S.A. in civil and criminal proceedings relating to alleged
    price-fixing cartel to fix the price of air cargo rates and fuel surcharges
  • BASF AG in civil and criminal proceedings relating to several alleged price-fixing cartels involving vitamins, automotive paint and other products
  • NBC in response to charges that a programming agreement was an unlawful restraint of trade in violation of antitrust laws

Commercial Litigation Experience Includes Representation of:

  • Continental AG in a dispute with Motorola over a $60 million purchase price adjustment (Arbitration under ICDR rules)
  • 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)
  • Viacom Inc. in employment dispute with artistic talent who voiced “Dora the Explorer” (case resolved with favorable ruling from United States Court of Appeals for the Second Circuit)
  • Viacom Inc. in an action brought by an internet start-up over the terms of an investment agreement (New York Supreme Court, Commercial Division, summary judgment granted)
  • NBC in a dispute with TV Azteca over the terms of a joint venture agreement (Arbitration under
    ICC rules)
  • NBC in an action by Paxson Communications over the terms of an investment agreement (Arbitration under AAA rules)
  • New York law firm LeBoeuf, Lamb, Greene & MacRae in a legal malpractice action alleging deficiencies in representing a client at trial (jury trial, New York Supreme Court, Commercial Division)
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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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