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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 what constitutes 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. 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.
From 2007 to 2010, Mr. Fishbein was appointed by the DOJ and the SEC to serve as the independent Compliance Monitor for Baker Hughes Inc. following that company’s resolution of corruption charges under the FCPA. At the time, the case was the largest FCPA settlement on record. In his role as Monitor, Mr. Fishbein guided Baker Hughes in its adoption of improved compliance procedures, and interacted regularly with the authorities on these issues.
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 more than 20 jury and non-jury trials while at the firm and during his career 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.”
Key Practice Areas
- Business & Commercial
- Civil Litigation
- FCPA and Enforcement
- Regulatory Investigations
- White Collar Crime
Last updated October 2018