New York
T:
+1 212 848 4424
F:
+1 646 848 4424
Add to Outlook
|
Stephen
Fishbein
Partner
Education
Yale Law School, J.D., 1987, Editor, Yale Law Journal
Dartmouth College, A.B., 1983, summa cum laude
Practice
Stephen Fishbein is the Practice Group Leader of the firm’s Litigation Group with experience in internal investigations, criminal defense, antitrust, and commercial litigation. Mr. Fishbein joined the firm in 1993 and became a partner in 1997. He was an Assistant United States Attorney in the Southern District of New York from 1988 to 1993, specializing in prosecutions of bank fraud and computer fraud. He also served as a law clerk to the Honorable Jon O. Newman, Second Circuit Court of Appeals. Mr. Fishbein has conducted numerous jury and non-jury trials since joining Shearman & Sterling in 1993, and conducted over a dozen criminal trials during his tenure at the United States Attorney’s Office. Mr. Fishbein is a Fellow of the American College of Trial Lawyers.
Experience
Internal Investigations and Criminal Defense Experience Includes Recent Representation of:
- Carl Shapiro family in DOJ investigation and Bankruptcy Trustee claims arising from Madoff fraud
- Galleon Management LP in DOJ and SEC insider trading investigations
- 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
- 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 securities law violations
- Individual accused of insider trading in the ImClone insider trading case
- Several European manufacturing and service companies in U.S. criminal price-fixing investigations (see below for more detail of antitrust experience)
Antitrust Experience Includes Recent Representation of:
- Syngenta in a civil lawsuit alleging that Monsanto monopolized the U.S. market for genetically modified corn seeds
- 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
- 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 Recent 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)
- NBC in an action by Paxson Communications over the terms of an investment agreement (Arbitration under AAA rules)
- 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)
- 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)
Selected Professional & Business Activities
- Chairman, New York State Judicial Screening Committee (2007 to 2010)
- Fellow, American College of Trial Lawyers
- Mr. Fishbein was a member of the faculty at the American Bar Association and International Bar Association’s 2006, 2008, and 2010 International Cartel Workshops, where he speaks on issues concerning personal jurisdiction and discovery in U.S. civil price-fixing cases. He authored an article, “Discovery From Foreign Defendants In U.S. Civil Antitrust Proceedings; Special Issues Concerning Applicable Law and Personal Jurisdiction” in connection with the conferences
Publications
- The UK Bribery Act 2010, The Review of Securities & Commodities Regulation, (August 17, 2011) (with Richard Kelly and Philip Urofsky)
Bar Admissions/Qualifications
New York
Courts
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Western District of New York
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Third Circuit
United States Court of Appeals - District of Columbia Circuit
|