C. Evan Stewart
Partner, New York
C. Evan Stewart
Partner, New York
Mr. Stewart’s practice focuses principally on the financial services industry, where he handles litigation matters for domestic and international clients before federal and state trial and appellate courts, in arbitration forums, as well as before the Judicial Panel on Multidistrict Litigation and the U.S. Supreme Court. He advises clients on a range of complex commercial matters, including antitrust, bankruptcy, class action defense, ethics, intellectual property, internal investigations, securities litigation, and tax controversies.
Mr. Stewart was featured by the New York Law Journal in the “Top Trials of 2005” for his successful representation of Theodore Sihpol, the first person in U.S. history to be criminally charged for “late trading” mutual funds. More recently, Mr. Stewart successfully represented Gary Prince against the U.S. Securities and Exchange Commission. In May of 2013, after a three-week bench trial in federal court, the judge dismissed all six charges of securities fraud against Mr. Prince.
Mr. Stewart previously served twelve years as Executive Vice President and General Counsel for The Nikko Securities Co. International Inc., and as a director of Nikko Financial Services Inc. Additionally, Mr. Stewart served as First Vice President, Associate General Counsel, and Head of Litigation at E.F. Hutton & Company Inc. Since 2003, Mr. Stewart has been tasked by Goldman, Sachs & Co. to, among other things, oversee and litigate all of the disputes arising out of the company’s Private Wealth Management Division.
Mr. Stewart is a visiting professor at Cornell University and an adjunct law professor at Fordham Law School. He is a contributing columnist for the New York Law Journal, New York Business Law Journal, and the Federal Bar Council Quarterly, and has published approximately 300 articles on a variety of legal subjects. Mr. Stewart has authored the biography of Myron C. Taylor, which will be published in late 2022. He is also frequently featured in the national media and regularly speaks across the country on securities, professional responsibility, and complex litigation issues.
Mr. Stewart has been recognized by The Legal 500 since 2015, Super Lawyers since 2009, and has also been hailed as a Local Litigation Star by Benchmark Litigation. He is also recognized by The Best Lawyers in America in its securities litigation category. In 2016, Mr. Stewart received the Sanford D. Levy Award from the New York State Bar Association’s Ethics Committee for his significant contributions to the field of professional responsibility. In 2008, he received the Modaq Content Award for writing the most popular article in the United States. Since 1980, Mr. Stewart has been AV(R) Peer Review Rated by Martindale-Hubbell.
Mr. Stewart’s practice focuses principally on the financial services industry, where he handles litigation matters for domestic and international clients before federal and state…
Education
Cornell University Law School (J.D., 1977); Cornell University (B.A., cum laude, 1974); Westminster School (cum laude, 1970)
Bar Admissions
New York State; U.S. District Courts for the Southern and Eastern Districts of New York; U.S. Court of Federal Claims; U.S. Court of International Trade; U.S. Court of Appeals for the Second, Third, Fifth, Sixth, Seventh, Ninth, and Tenth Circuits; District of Columbia Circuit; U.S. Supreme Court
Activities and Affiliations
Member, Council on Foreign Relations
Member, Economic Club of New York
Visiting Professor, Cornell University
Adjunct Professor, Fordham Law School
Adjunct Professor, Brooklyn Law School (2001 – 2008)
Member, Pace Law School Investor Rights Project Advisory Board
Arbitrator, Financial Industry Regulatory Authority
Mediator, U.S. District Court, Eastern District of New York
Advisory Panel, U.S. District Court, Eastern District of New York
Chair, Practising Law Institute Programs
Columnist, New York Law Journal
Dyson Society of Fellows, Pace University (2007)
Advisory Board, BNA’s Class Action Litigation Report
Advisory Board, New York Business Law Journal
Contributing Editor, The Encyclopedia of Venture Capital
Board of Editors, Federal Bar Council Quarterly
Member, New York State Bar Association, (Committee on Professional Responsibility)
Board of Directors and Treasurer, Humanities New York
Board of Trustees, American University in Bulgaria
Former Special Assistant District Attorney, New York City
Former Chair, Federal Regulation Committee, Securities Industry Association
Former Member, Securities Regulation, Professional Responsibility, Corporate Law Department, Asian Affairs, Uniform Laws & Young Lawyers Committees, Association of the Bar of the City of New York
Former Trustee, Federal Bar Council, Westminster School, America Historical Association, Young Women’s Christian Association of the U.S.A., YMCA Camping Services
Board of Directors and Secretary, Cape Arundel Golf Club
Board of Directors and Secretary, Arundel Beach Club
Cornell University (Board of Trustees; Chair, University Council; Advisory Councils, Cornell Law School, Johnson Museum of Art, University Library, and College of Arts & Sciences)
Representative Matters
In 2013, Mr. Stewart dealt the U.S. Securities and Exchange Commission (SEC) a resounding loss with his successful representation of Gary Prince, a former corporate executive who was charged with six independent fraud claims under the federal securities laws. Mr. Stewart led the defense of Mr. Prince throughout a seven-year process of in-depth investigations, which culminated in a three-week bench trial in federal district court. At trial, Mr. Stewart argued that, contrary to the SEC’s claims, Mr. Prince acted in good faith, and on the basis of repeated legal advice. On May 2, 2013, the Hon. Gladys Kessler found in Mr. Prince’s favor, rejecting each of the SEC’s fraud claims. In doing so, Judge Kessler found that there was no conspiracy, no investor harm, and no material misrepresentations. She also found that a national law firm had been actively engaged in all the issues that the SEC charged as fraudulent and had consistently opined that Mr. Prince and his employer were in full compliance with the federal securities laws (see 2013 WL 1831841 (D.D.C. May 2, 2013)).
Mr. Stewart successfully represented Theodore Sihpol, who was criminally prosecuted by the New York Attorney General for allegedly “late trading” mutual funds. After a seven-week trial in 2005, Mr. Sihpol was acquitted by the jury on 29 felony counts. He also represented Mr. Sihpol in the parallel SEC enforcement proceeding, as well as in civil proceedings before the Judicial Panel on Multidistrict Litigation and the Delaware Chancery Court.
Mr. Stewart successfully represented the Deputy Secretary General of the United Nations with respect to the investigation into the Iraq Oil for Food Program.
Read More
Some representative courses taught by Evan include:
- Ethical and Professional Responsibility Traps Waiting for Corporate Counsel
- Ethical Issues Involved in Internal Investigations
- The Intersection of the Attorney Client Privilege, the Work Product Doctrine, and the Professional Obligation of Confidentiality
Find more on Evan's Events and Presentations page and on LexVid.
Super Lawyers named C&G cofounder Mark S. Cohen one of the Top 10 lawyers in the New York metropolitan area. Partners Jonathan S. Abernethy and Karen H. Bromberg have also been named to the Super Lawyers list of the Top 100 lawyers in the New York metropolitan area. Additionally, Karen has been recognized as one of the Top 50 women lawyers within the same region.
Super Lawyers and Rising Stars are annual lists of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only 5 percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.
The C&G lawyers recognized on the New York Metro Super Lawyers list are:
- Jonathan S. Abernethy, Criminal Defense: White Collar
- Kwaku Andoh, Mergers & Acquisitions
- Luke Appling, Civil Litigation: Defense
- Elizabeth Bernhardt, Business Litigation
- Colin C. Bridge, Criminal Defense: White Collar
- Karen H. Bromberg, Intellectual Property
- Jason Brown, Criminal Defense: White Collar
- Joanna K. Chan, Securities Litigation
- Mark S. Cohen, Business Litigation
- S. Gale Dick, Business Litigation
- Christian R. Everdell, Criminal Defense: White Collar
- Robert J. Gavigan, Mergers & Acquisitions
- Lawrence T. Gresser, Business Litigation
- Oliver S. Haker, Business Litigation
- Johannes Jonas, Mergers & Acquisitions
- Nicholas J. Kaiser, Real Estate
- Jeffrey I. Lang, Civil Litigation: Defense
- David F. Lisner, Business Litigation
- Ellen Paltiel, General Litigation
- Douglas J. Pepe, Business Litigation
- Matthew V. Povolny, Business Litigation
- Nathaniel P. T. Read, Business Litigation
- Bonnie J. Roe, Securities & Corporate Finance
- Stephen M. Sinaiko, Business Litigation
- Mark Spatz, Civil Litigation: Defense
- C. Evan Stewart, Securities Litigation
- Daniel H. Tabak, Business Litigation
- Scott D. Thomson, Business Litigation
- Alexandra Wald, Business Litigation
The C&G lawyers recognized on the New York Metro Rising Stars list are:
- Sharon L. Barbour, Criminal Defense: White Collar
- Randall W. Bryer, Business Litigation
- Shannon A. Daugherty, Business Litigation
- Drew S. Dean, General Litigation
- Jesse Greenwald, Criminal Defense: White Collar
- Christine M. Jordan, General Litigation
- William Kalema, Business Litigation
- Sri Kuehnlenz, Civil Litigation: Defense
- Marvin J. Lowenthal, Criminal Defense: White Collar
- Barbara K. Luse, Criminal Defense: White Collar
- Benjamin Zhu, General Litigation
Six C&G attorneys have been recognized by their peers as a “Best Lawyer” in their practice areas:
- Jonathan S. Abernethy – Criminal Defense: White-Collar
- Thomas E. Bezanson – Commercial Litigation and Product Liability Litigation – Defendants
- Jason A. Brown – Criminal Defense: White-Collar
- Mark S. Cohen – Criminal Defense: White-Collar
- Mark Spatz – Product Liability Litigation – Defendants
- C. Evan Stewart – Litigation – Securities
- Luke Appling – Commercial Litigation and Litigation – Securities
- Sharon L. Barbour – Criminal Defense: White-Collar
- William E. Kalema – Criminal Defense: White-Collar
- Alexandra K. Theobald – Commercial Litigation
- Jonathan S. Abernethy – Criminal Defense: White-Collar
- Thomas E. Bezanson – Commercial Litigation and Product Liability Litigation: Defense
- Jason A. Brown – Criminal Defense: White-Collar
- Mark S. Cohen – Criminal Defense: White-Collar
- Evan Stewart – Litigation – Securities
- Sharon L. Barbour – Criminal Defense: White-Collar
- Winnifred A. Lewis – Commercial Litigation
- Alexandra K. Theobald – Commercial Litigation
Mark S Cohen, Jonathan S Abernethy, Jason Brown, C Evan Stewart, and Thomas E Bezanson were recognized in The Best Lawyers in America‘s 2021 New York listings. Mark, Jonathan, and Jason were recognized for white collar criminal defense; Evan for securities litigation; and Tom for commercial litigation and product liability litigation defense. Additionally, Sharon L Barbour, Winnifred A Lewis, and Nicole Dhir were recognized in the New York list of The Best Lawyers in America: Ones to Watch. Sharon was recognized for white collar criminal defense; Winnifred for commercial litigation; and Nicole for commercial litigation and securities litigation.
Lawline interviewed C Evan Stewart as part of its Faculty Spotlight series. Evan discussed his introduction to a career in law, helpful advice he's received, and more.
- Corporate Investigations/White Collar
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
C Evan Stewart has been appointed to the Board of Trustees of the American University in Bulgaria, the first American-style, English language, liberal arts educational institution in Eastern Europe.
C Evan Stewart is quoted in a Reuters article regarding compensation limits for Wells Fargo’s new CEO, noting that the pay package is sure to be “very carefully scrutinized.”
C Evan Stewart is quoted in The New York Times regarding how federal regulators will be changing their annual stress tests. He notes that the changes take into account how "time-consuming and resource-oriented" these processes are.
C Evan Stewart is quoted in The New York Times regarding a dispute over $50 million in deferred compensation for a high-profile investment banker.
Partner C Evan Stewart is quoted in The New York Times regarding the SEC’s decision to rehear cases as a result of a Supreme Court decision.
- Corporate Investigations/White Collar – Advice to Corporates
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
C Evan Stewart is quoted in the The New York Times regarding the Federal Reserve's penalties on Wells Fargo.
Humanities New York elected C Evan Stewart to its Board of Directors. The organization partners with the National Endowment for the Humanities and is the sole statewide proponent of public access to the humanities through grants, programs, partnerships, trainings, and other special initiatives.
C Evan Stewart helped underwrite the reconstruction of Hughes Hall at Cornell Law School with a gift to the facilities. In honor of this generosity, the new Seminar Room in Hughes Hall has been named in honor of Mr. Stewart's father, Charles Thorp Stewart.
The Legal 500 United States ranked Cohen & Gresser for its achievements in securities litigation in its recently released 2015 guide. The guide notes Cohen & Gresser’s “extraordinary team of attorneys, who present cases in the best and most efficient manner practicable.” Partners Mark S. Cohen, Lawrence T Gresser, S Gale Dick, C Evan Stewart, and Daniel H Tabak were also noted as “impressive” attorneys in this field. The Legal 500 offers nationwide rankings by reviewing the strengths and strategies of law firms across the country. Founded in 1987, Legalease, publisher of the Legal 500 directories, is a leader in the provision of legal market information, offering authoritative and in-depth analysis and commentary across a broad portfolio of publications, spanning directories, magazines, journals, textbooks, and online. The Legal 500 U.S. 2015 Guide offers nationwide rankings by reviewing the strengths and strategies of law firms across the country.
C Evan Stewart recently led a panel discussing attorney-client privilege in the context of internal investigations, which was covered in Boomberg BNA's Corporate Counsel Weekly.
On Wednesday January 21st, 2014, the U.S. Securities and Exchange Commission slapped Standard & Poor’s with a one-year suspension from rating certain mortgage-backed securities as part of a $77 million settlement over alleged fraudulent misconduct in past ratings. Here, C&G Partner C Evan Stewart weighs in on why the settlement is significant.
Cohen & Gresser has been ranked as a "Recommended" New York law firm in the 2015 edition of Benchmark Litigation. In addition to the firm’s ranking, partners Mark S Cohen, Lawrence T Gresser, C Evan Stewart, and Karen H Bromberg were all individually recognized by the publication. Benchmark Litigation is a leading guide to top litigation firms and attorneys in the United States and bases its rankings on extensive face-to-face interviews around the country over a six-month period with the nation's leading private practice attorneys and in-house counsel.
In a surprise gift to his wife, C&G partner and Cornell Alumn C Evan Stewart made possible the Patricia M Stewart Gallery for Ancient Art at Cornell University's Herbert F Johnson Museum of Art.
C&G partner, C Evan Stewart, weighs in on the rights of whistleblowers in relation to the Vanguard case.
C&G partner, C Evan Stewart, spoke to Reuters as news broke about federal prosecutors building a criminal fraud case based on whether GM's statements about a deadly ignition switch flaw were misleading.
The Legal 500 United States ranked Cohen & Gresser for its achievements in securities litigation in its recently released 2014 guide. Legal 500 noted that the firm is "young and nimble," naming Mark S Cohen as the leader of a team of "experienced lawyers who work at a more palatable price than competing firms." Lawrence T Gresser and Daniel H Tabak are also recommended in light of their successful dismissal of a short swing profits case for Goldman Sachs, and C Evan Stewart was highlighted in the report as an "incredible trial lawyer with big case experience."
Top New York litigators weigh in on the Second Circuit's SEC - Citigroup ruling. C&G partner C Evan Stewart was among those quoted.
Law360 speaks to C&G partner Evan Stewart about the Second Circuit's reversal of Judge Rakoff's rejection of the SEC's settlement with Citigroup Inc.
Every summer in New York City, C Evan Stewart directs Cornell's six-week summer prelaw program, which combines a four-credit course, an internship, and an opportunity to explore the law and culture of the city. In this video, Mr. Stewart discusses the challenging aspects as well as the benefits of this intense program.
Former portfolio manager Mathew Martoma of SAC Capital Advisors was recently found guilty of engaging in what's been dubbed as 'the most lucrative insider trading scheme in U.S. history'. C. Evan Stewart weighs in on how Martoma's eventual cooperation with authorities came way too late in the game.
C&G Further Expands Financial Litigation Practice with Addition of Top Securities Litigator C Evan Stewart.
C Evan Stewart's partnership at Cohen & Gresser has been covered in the following publications:
New York Law Journal, January 7, 2014.
The Deal, January 7th, 2014.
Evan previously wrote Myron Taylor: The Man Nobody Knew, his debut book that was released in January 2023 and chronicles the life of Myron Taylor, a prominent 20th century industrialist and diplomat who remained remarkably disinterested in self-promotion throughout his extraordinary career.
Reprinted with permission from: NY Business Law Journal, Summer 2022, Vol. 26, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.
In his latest column for Federal Bar Council Quarterly, C Evan Stewart revisits the infamous Supreme Court ruling on Bush v. Gore.
In his latest column for Federal Bar Council Quarterly, C Evan Stewart revisits the events that ultimately led to the indictment, conviction, reinstatement, and presidential pardon of attorney I. Lewis "Scooter" Libby, Chief of Staff to former Vice President Dick Cheney.
C Evan Stewart explores the Sarbanes-Oxley protocols and states' ethical standards in his latest column for the NY Business Law Journal.
C Evan Stewart examines the U.S. Supreme Court decisions in the gold clause cases of the 1930s in his latest Legal History column for the Federal Bar Council Quarterly.
C Evan Stewart explores the ethical and legal questions that have challenged attorney-client privilege throughout the years.
Reprinted with permission from: NY Business Law Journal, Winter 2018, Vol. 22, No. 2, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.
Partner C Evan Stewart examines Lorenzo v. S.E.C. in his latest article for the New York Law Journal.
In his latest Legal History column for the Federal Bar Council Quarterly, C Evan Stewart examines the legal questions following the investigation of Senator Edward "Ted" Kennedy's car crash on Chappaquiddick Island, in Edgartown, Massachusetts.
In his latest article for the NY Business Law Journal, C Evan Stewart explores the attorney work product doctrine as it relates to investigations by the Securities and Exchange Commission and other government agencies.
This article appeared in NY Business Law Journal, Summer 2018, Vol. 22, No. 1, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.
In his latest piece for the Federal Bar Council Quarterly, C Evan Stewart examines the events that led to William Rehnquist's rise to Chief Justice.
C Evan Stewart explores Buck v. Bell in his latest piece for the Federal Bar Council Quarterly.
Part two in C Evan Stewart's discussion of the ethical rules governing English lawyers in reference to why they are not allowed to prepare witnesses for their upcoming experience in the courtroom.
C&G partner C Evan Stewart discusses the impact of Buckley v. Valeo on campaign finance in his latest article for the Federal Bar Council Quarterly.
C&G partner C Evan Stewart examines how an 1879 Connecticut law influenced a number of consequential Supreme Court decisions.
C&G partner C Evan Stewart explores the contentious battle over the seat of Justice Henry Baldwin.
C Evan Stewart examines the judicial development that affected the conflicting dictates between state law and the rules and regulations promulgated by the Securities and Exchange Commission after the Sarbanes-Oxley Act of 2002 went into effect.
C Evan Stewart delves into the complex ethical questions surrounding inadvertent disclosure of privileged materials.
In an article for the Federal Bar Council Quarterly, C Evan Stewart explores the impact of the Due Process Clause of the Fourteenth Amendment as it relates to the right of economic free will, or "freedom of contract."
Courts, unfortunately, often err when ruling on matters relating to the attorney-client privilege. As set forth in Mr. Stewart's article, the New York Court of Appeals recently stepped in it when it addressed the "common interest" privilege in Ambac Assurance Corp. v. Countrywide Home Loans
Herewith is the third installment of terrible Supreme Court jurisprudence, as explored and explained by Mr. Stewart.
The ethical rule on what lawyers are supposed to do when they come into possession of materials inadvertently delivered by an opposing party purports to be crystal clear. Unfortunately, it is not. As set forth in Mr Stewart's article, lawyers need to be very careful when dealing with the subject.
The Supreme Court's infallibility takes another hit in Mr. Stewart's latest article for the Federal Bar Council Quarterly, where he recounts the sorry decision in which the Court expressly affirmed racial segregation.
Perhaps many lawyers believe that the U.S. Supreme Court does not always get it right. But in his most recent article for the Federal Bar Council Quarterly, Mr. Stewart makes out the case for the worst Supreme Court decision, ever!
For 26 years the author has been writing about the eroding status of the attorney-client privilege and the fact that litigating privilege issues can be a very tricky business. Unfortunately, as this article makes clear, two recent (and wrongly-decided) decisions of the D.C. Circuit—in the same litigation—make these regrettable states of affairs all too true.
Would the course of American History have been different if Lyndon Johnson had been told the truth about the Cuban Missile Crisis? In his most recent article for the Federal Bar Council Quarterly, Mr. Stewart explores this little known episode and its consequences for our country's involvement in the Big Muddy (i.e., Vietnam).
Lawyers who represent public companies are faced with a problem about which most are clueless. In a number of states (including New York), lawyers’ confidentiality obligations are at odds with the requirements mandated by the U.S. Securities and Exchange Commission. Is there a way out of this conundrum? Mr. Stewart attempts to get to the bottom of this matter in his latest article in the New York Law Journal.
Buying a pig In a poke is never a good idea. In this article, Mr. Stewart warns about two situations where this maxim applies. The first concerns making threats of criminal or regulatory action to gain an advantage in civil litigation; lawyers who believe there is a simple straightforward answer to deal with such a situation will be surprised. The second concerns attempts to restrict a lawyer's future conduct through the settlement of a matter; again, those who believe that there is a consensus view on this subject are in for a surprise.
Clement Vallandingham is a figure lost to history. Known to but a handful of American Historians, Vallandingham was a pivotal figure in the country’s political life up to and including the Civil War era. He also was a party in one of the Supreme Court’s Civil War jurisprudence. And finally, readers will be interested in the manner in which he concluded his career as a lawyer.
A prominent law firm is retained by a corporation to defend a sexual/employment discrimination claim. The law firm then contacts employees with first-hand knowledge of the facts. Assuring these individuals that it sees no conflict of interest, the law firm offers to represent them at the corporation's expense, which the individuals agree to. Plaintiff's counsel discovers this multi-representation arrangement and moves to disqualify the law firm for purported ethical violations. Could the law firm's actions possibly violate the "non-solicitation" rule? Read this article to find out.
Many lawyers and judges misunderstand and misapply the attorney-client privilege and work product doctrine. In his most recent New York Law Journal column, Mr. Stewart applauds the recent decision of Judge Moskowitz , in which she correctly ruled that the common interest privilege applies irrespective of the anticipation of litigation.
Little remembered today (except perhaps for a famous picture of Harry Truman holding up a 1948 newspaper headline), Thomas E. Dewey was one of the most important and prominent public figures of the 20th century. Mr. Stewart’s article focuses on Dewey’s legal career before he became Governor of New York State and almost President of the United States. As detailed in the article, Dewey’s work in the 1930s to fight corruption and illegality was unprecedented, and the young legal careers he mentored was equally impressive.
For almost 25 years the author has been writing about the eroding status of the attorney-client privilege. Practitioners, legal academics, and judges (with a few notable exceptions) seem either not to understand the privilege, or believe that the purposes it serves are overstated or not important. One recent case--which purports to strengthen the privilege--further documents this disheartening state of affairs.
In a further analysis of Judge Rakoff’s multi-year attempts to discourage the SEC from seeking federal courts to put their imprimatur on regulatory settlements, Mr. Stewart questions whether the Second Circuit’s opinion was truly a “loss” for Judge Rakoff; indeed, it would appear that the Judge may well achieve what he wanted in the first place.
Judge Jed Rakoff’s skirmishes with the SEC over the approval of settlements reached a head earlier this year when the Second Circuit vacated one of the Judge’s orders rejecting a Citigroup/SEC settlement. The Judge on August 5, 2014 reluctantly complied with the higher court’s ruling. C. Evan Stewart discusses the dynamics of these judicial decisions and what was really at issue.
C Evan Stewart discusses the Fugitive Slave Act of 1850 and how the trial of Anthony Burns led to the Civil War.
C Evan Stewart discusses the ethics of providing witnesses with a written script with answers to questions they will be asked during their testimony.
This article focuses on the infamous and tragic MacDonald family murders (the subject of a best-selling book, Fatal Vision), the conviction of the husband/father for the crimes, and the import of Federal Rule of Evidence 804 (b)(3) on MacDonald’s conviction.
In this article, Stewart reviews the rules and regulations promulgated by the U.S. Securities and Exchange Commission to govern attorney conduct in response to congress’s passing the Sarbanes-Oxley legislation in 2002, and juxtaposes those rules and regulations with conflicting ethical standards enacted by the states. He then, based upon a recent decision of the Second Circuit Court of Appeals, predicts the likely outcome of preemption litigation that will one day ensue as a result of the conflict.
Because of the whistleblower provisions of federal statutes such as Dodd-Frank, recent case law, and various articles written on this subject, there has been a fair amount of disinformation as to whether lawyers are free to rat on their clients and then also profit thereby. This article explores related concepts with intentions of determining what is right.
This article is focused around Mr. Rifkind's famous client, Jacqueline Bouvier Kennedy Onassis, and the turmoil over her attempts to scuttle the publication of The Death of a President, authorized by William Manchester.
Mr. Stewart examines the evolving state of advance conflicts of interest waivers in the context of two recent court decisions.
A discussion of the ethical rules governing English lawyers in reference to why they are not allowed to prepare witnesses for their upcoming experience in the courtroom.
A discussion on Simon Rifkind and his role as a 'giant' in the legal profession during the 20th century.
A concise and informative review of Jonathan E Macey's book, "The Death of Corporate Reputation", which discusses the idea of recapturing our ethical standards while maintaining our economic standard of living.
Given the steady erosion in attorney-client privilege, Stewart writes that it has been disheartening to see a New York court recently reach out and imitate the courts of Ohio.
C. Evan Stewart pays homage to Emory Buckner, the man who helped to create and sustain the Dewey firm and a lawyer to whom many famous lawyers owe their careers.
Examining the tales of Judge Kaplan and the Department of Justice and Judge Rakoff and the SEC.
The story of Myron Taylor, ex-Chairman and CEO of United States Steel Corporation, was appointed by Roosevelt in 1938 to help alleviate the deepening crisis of Jewish refugees attempting to flee the persecution of Hitler's Nazi regime.
In this article in the New York State Bar Association's NY Business Law Journal, C. Evan Stewart writes: In the very recent past, some prominent lawyers have gotten important body parts singed by their miscues on such matters. Perhaps a review of some of these episodes will help the rest of us avoid such problems in the future.
Considering traditional antitrust principles, it is hard to conceive the government losing this case.
Mr. Stewart talks about how the SEC has suffered serious blows when it was forced to be an advocate in the federal courts.
While much of the media has focused on the use of wiretapping in the successful criminal case brought against Raj Rajaratnam by the U.S. Attorney’s office in Manhattan, that is not the really “big show”. Rather, the main event is the prosecutorial scrutiny now being brought to bear on the fact that the hedge fund world has so heavily bought into the so-called “expert networks” in order to prosper.
As inexcusable as Patton’s behavior seems today, in the crucible of a life and death struggle is there a different way to consider Patton’s behavior? Interestingly, in Eisenhower’s eyes the answer seems to have been “yes.”
This article in the New York State Bar Association's NY Business Law Journal flags the potholes that lie in the legal highway for New York lawyers going forward, as they practice law beyond the geographic boundaries of New York State.
Mr. Stewart opines on the growing consensus that class actions are not always the best means by which to resolve complex litigation.
Offering insight to multinational corporations in terms of navigating within, among, and between the different policies and agendas of antitrust regimes around the world.
This article examines and revels the American diplomacy displayed by two very predominent lawyers.
- Legal ethics rules that apply to issues involving conflicts of interest, multiple representations, and “no contact” rules.
- The confidentiality and attorney-client privilege issues that arise when representing banking and financial services clients.
- How to handle internal investigation matters and the ethical pitfalls therein.
- Can you be exposed to civil and regulatory liability as an attorney?