Mr Stephen Fishbein > Shearman & Sterling LLP > New York, United States > Lawyer Profile

Shearman & Sterling LLP
599 LEXINGTON AVENUE
NEW YORK, NY 10022-6069
NEW YORK
United States

Work Department

Litigation

Position

Partner

Career

Stephen is an accomplished trial lawyer whose achievements in recent years include successful representations of defendants in criminal insider trading trials and a $44 million plaintiff’s jury verdict in a trade secrets misappropriation case.

Stephen also has deep experience in antitrust, compliance, and internal investigations, including his appointment by the U.S. Department of Justice and the U.S. Securities and Exchange Commission as the independent compliance monitor for Baker Hughes, Inc. in what was then the largest FCPA case on record.

Stephen has represented individuals and companies in a wide range of criminal matters, with a particular emphasis on white collar and financial crimes such as securities fraud. Stephen was trial and appellate counsel to Todd Newman in the landmark United States v. Newman insider trading case where he obtained a complete exoneration of his client in a decision from the Second Circuit Court of Appeals that established high standards for charging insider trading offenses. Stephen also represents Chris Worrall in the United States v. Blaszczak insider trading case, where he obtained acquittals at trial on 14 of 16 counts and the two remaining counts of conviction were reversed on appeal resulting in the dismissal of all charges against his client. Stephen’s criminal representations also include complex multinational investigations, for example, his representation of Citigroup in the Banamex/Oceanografia fraud matter, his representation of Bilfinger SE in its FCPA investigations and deferred prosecution agreement with the DOJ, and serving as the DOJ- and SEC-appointed independent compliance matter for Baker Hughes, Inc.

Stephen’s civil litigation practice includes all types of commercial disputes, with a focus on breach of contract and trade secrets matters. Stephen recently obtained a $44 million jury verdict for his client SS&C Technologies, Inc. in a trial in Cook County, Illinois alleging theft of trade secrets, and has successfully obtained temporary restraining orders and preliminary injunctions in courts around the country in other trade secrets matters. Other commercial trial and arbitration experience includes defense verdicts in several contract disputes for German automotive company Continental AG, and defense judgments in licensing/affiliation agreement cases for NBC and Viacom.

Stephen also has deep experience in antitrust matters, both criminal and civil. In 2022, he represented Paramount Global and Simon & Shuster in the DOJ’s challenge to the proposed merger of Simon & Shuster and Penguin Random House. He was lead appellate counsel for 1-800 Contacts in persuading the Second Circuit to reverse and dismiss an FTC judgment that 1-800’s trademark settlement agreements with competitors violated the antitrust laws. In recent years, Stephen also obtained two federal court dismissals of monopolization claims against SS&C Technologies. On the criminal side, Stephen has represented companies and individuals in the largest price-fixing investigations in recent years, including BASF AG in the vitamins cartel case, Cargolux Airlines International in the air cargo cartel case, and several companies and executives in the automotive parts cartel cases.

Prior to joining the firm, Stephen 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 served as a law clerk to the Honorable Jon O. Newman, Second Circuit Court of Appeals.

Lawyer Rankings

United States > Dispute resolution > Corporate investigations and white-collar criminal defense

(Leading lawyers: Corporate investigations and white-collar criminal defense: advice to corporates)

Stephen FishbeinA&O Shearman

With a strong international presence, A&O Shearman is well placed to advise corporates on cross-border investigations. The team has experience navigating multiple jurisdictions, including Australia, Europe, Asia, and the UAE.  The team also regularly represents individuals facing allegations of market manipulation, insider trading, and tax offences, among other misconduct. Leading the practice from New York, David Esseks is a seasoned litigator who frequently represents banks as well as domestic and international companies. Eugene Ingoglia and Julian Moore are also based in New York. Ingoglia is particularly adept at handling insider trading matters, while Moore is skilled at designing and implementing compliance programs. Located in Washington DC, Claire Rajan specializes in corruption matters. Following the merger with Shearman & Sterling LLP in 2024, the New York team has expanded to include Adam Hakki, Richard Schwed, and Stephen Fishbein. Hakki specializes in securities laws, while Schwed advises on a range of investigations in the financial services sector. Fishbein is also an expert at handling matters relating to financial crimes such as insider trading. Katherine Stoller and Christopher LaVigne are further stand out members of the New York team. LaVigne focusses on cases concerning securities fraud, while Stoller represents major corporations across the globe that are facing investigations into corruption, money laundering, and violations of economic sanctions.

United States > Dispute resolution > General commercial disputes

The litigation and appellate experts at A&O Shearman act on behalf of corporations, partnerships and joint ventures in a broad variety of disputes, with emphasis on those concerning breach of contract, fraud, professional malpractice, and business torts. The team has a strong reputation for its expertise in the insurance space, and it also works with clients in the manufacturing, chemicals, healthcare, and TMT sectors. In New York, Adam Hakki is a securities litigation expert who represents Wall Street clients in a broad range of disputes, while Richard Schwed routinely appears before federal and state trial and appellate courts and arbitral tribunals as well as in criminal and civil investigations by governmental and regulatory authorities. New York litigator Stephen Fishbein has a strong trial record in competition, trade secrets and contract disputes. In the Washington DC office, Todd Stenerson‘s practice encompasses complex dealer termination and RICO cases, as well as business torts, breach of contract and ERISA cases. Former co-practice head Patrick Robbins left the firm in July 2023 to take up a role at the US Department of Justice.