Foreign Corrupt Practice Act (FCPA)
White collar crime
Stephen Fishbein is a partner in the Litigation practice and Chair of the Criminal and Enforcement group. 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 compliance and internal investigations, including his appointment by the DOJ and SEC as the independent compliance monitor for Baker Hughes, Inc. in what was then the largest FCPA case on record. He is also a long-time Fellow in the American College of Trial Lawyers.
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 US v. Newman insider trading case where he obtained complete exoneration of his client in a decision from the Second Circuit that established high standards for charging insider trading offenses. Stephen also represents Chris Worrall in the US v. Blaszczak insider trading case, where he obtained acquittals at trial on 14 of 16 counts and is currently pursuing an appeal. Stephen’s criminal representations also include complex multinational investigations, for example his representation of Citigroup in the Banamex/Oceanografia fraud matter, Bilfinger SE in its FCPA 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 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.
Stephen is also active in the antitrust area in both criminal and civil litigation. 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. On the civil side, Stephen represented Syngenta Seeds in a lawsuit against Monsanto for anticompetitive conduct with respect to GMO seeds. He was also 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. In recognition of these victories, Steve was recognized as a Law360 Competition/Antitrust MVP.
Updated Sep 2021