Evan Stewart

Mr. Stewart’s practice principally focuses on the financial services industry, handling 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.

With substantial experience in the financial services industry, Mr. Stewart served twelve years as Executive Vice President and General Counsel for The Nikko Securities Co. International Inc., as well 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 be responsible for, among other things, overseeing and litigating all of the disputes arising out of the company’s Private Wealth Management Division.

Mr. Stewart has been recognized by 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 Stanford D. Levy Award from the New York State Bar Association’s Ethics Committee for having “significantly contributed to an understanding of professional ethics by the publication of an article, commentary or a series of articles or commentaries on the subject”. 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 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; he is also frequently featured in the national media and regularly speaks across the country on securities, professional responsibility, and complex litigation issues.

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, 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)

Publications

• The Trials of "Scooter" Libby: Justice Run Amok? November 1, 2019 | Publication
• New York Lawyers: Be Afraid, Be Very Afraid…! September 30, 2019 | Publication
• The Supreme Court Wrestles with the Gold Clause May 1, 2019 | Publication
• Lawyers as Rats: An Evolving Paradigm? January 7, 2019 | Publication
• Fourth Time a Charm? The Supreme Court Takes Another Whack at Secondary Liability December 27, 2018 | Publication
• Chappaquiddick: Did The Justice System Work? September 3, 2018 | Publication
• Mom (as Always) Was Right: Don’t Talk to Strangers August 1, 2018 | Publication
• Did William Rehnquist Lie to Become a Justice, and Then Chief Justice? May 1, 2018 | Publication
• Yet Another Terrible Decision by the Supreme Court: This Time, Endorsing Eugenics! February 1, 2018 | Publication
• Mad Dogs and Englishmen: Part Deux December 1, 2017 | Publication
• The Supreme Court’s Worst Decision on Campaign Finances November 1, 2017 | Publication
• How an Uncommonly Silly Law Led to a Host of Very Consequential Supreme Court Decisions October 11, 2017 | Publication
• Filling Justice Baldwin's Seat August 1, 2017 | Publication
• Exes and the Attorney-Client Privilege July 1, 2017 | Publication
• The Fork in the Road: The SEC and Preemption May 10, 2017 | Publication
• Inadvertent Disclosure—Traps Await the Unwary April 28, 2017 | Publication
• Still Another Awful Decision by the U.S. Supreme Court February 1, 2017 | Publication
• The New York Court of Appeals Takes the Wrong Fork in the Road on the Common Interest Privilege December 1, 2016 | Publication
• Yet Another Awful Decision by the Supreme Court November 1, 2016 | Publication
• Finders Keepers, Losers Weepers? August 1, 2016 | Publication
• Another Awful Decision by the Supreme Court August 1, 2016 | Publication
• The Worst Supreme Court Decision, Ever! May 1, 2016 | Publication
• The D.C. Circuit: Wrong and Wronger! January 1, 2016 | Publication
• What LBJ Did Not Know and Why He Did Not Know It December 1, 2015 | Publication
• Navigating State-Based Ethics Rules And Sarbanes-Oxley Requirements September 21, 2015 | Publication
• Pigs Get Fat, Hogs Get Slaughtered: Keeping Lawyers Out of the Slaughterhouse August 1, 2015 | Publication
• Legal History: Robert Bork at Justice August 1, 2015 | Publication
• The Trials of Clement Vallandingham June 1, 2015 | Publication
• The Rivera Precedent: What You Don’t Know Can Hurt You May 21, 2015 | Publication
• Judge Gets Common Interest Privilege Spot-On! April 7, 2015 | Publication
• Tom Dewey in the Second Circuit February 1, 2015 | Publication
• Squaring the Circle: Can Bad Legal Precedent Just Be Wished Away? January 15, 2015 | Publication
• Privilege: Misunderestimated or Misunderstood? October 20, 2014 | Publication
• Judge Rakoff as Don Quixote? Tilting at the SEC’s settlement windmills October 2, 2014 | Publication
• FINRA Arbitration and Enforcement: A Legal and Practical Guide October 1, 2014 | Publication
• Of Mice, Men, Migratory Lawyers, and Multijurisdictional Practice September 10, 2014 | Publication
• The Impact Of Judge Rakoff’s Settlement Odyssey September 5, 2014 | Publication
• The Trial of Anthony Burns and the Coming of the Civil War August 1, 2014 | Publication
• "Positively 4th Street": Lawyers and the "Scripting" of Witnesses July 1, 2014 | Publication
• Jeffrey MacDonald and the Unavailable Witness May 1, 2014 | Publication
• 'Here's Johnny!': Carnacing the Future of SEC's Preemption Overreach April 28, 2014 | Publication
• Whistleblower Law: What Rights Do Ratting Lawyers Have? March 14, 2014 | Publication
• Simon Rifkind and the Case of the Maligned Author February 1, 2014 | Publication
• The End of Conflicts of Interest?: Courts Warm Up to Advance Waivers December 1, 2013 | Publication
• Mad Dogs and Englishmen July 1, 2013 | Publication
• Simon Rifkind and the Lawyer's Role and Responsibility July 1, 2013 | Publication
• The Death of Corporate Responsibility: How Integrity Has Been Destroyed on Wall Street May 6, 2013 | Publication
• How Can the Same Court Get it So Wrong and So Right? April 22, 2013 | Publication
• Good Golly Miss Molly!: The Attorney Work Product December 1, 2012 | Publication
• Attorney-Client Privilege: Ohio Takes a Bite Out of the Big Apple September 7, 2012 | Publication
• The Man Who Mentored Lawyers August 1, 2012 | Publication
• A Tale of Two Judges July 1, 2012 | Publication
• Myron Taylor’s Mission to Save Germany's Jews from Hitler February 1, 2012 | Publication
• Just When Lawyers Thought It Was Safe to Go Back into the Water January 1, 2012 | Publication
• Thus Spake Zarathustra (And Other Cautionary Tales for Lawyers) December 1, 2011 | Publication
• DOJ's Suit Against AT&T: Rhetoric v. Reality November 28, 2011 | Publication
• The SEC and Litigation: Oil and Water? November 8, 2011 | Publication
• Lincoln in the Second Circuit November 1, 2011 | Publication
• The 'Dark Side' Of The Hedge Fund World August 11, 2011 | Publication
• George Patton and the Law August 1, 2011 | Publication
• Lawyers and the Border Patrol: The Challenges of Multi-Jurisdictional Practice July 1, 2011 | Publication
• William Henry Seward: Diplomat of the Civil War July 1, 2011 | Publication
• Bobby Kennedy's Department of Justice: RFK and his Greatest Nemesis March 1, 2011 | Publication
• Class Actions: Is Bigger Always Better? January 25, 2011 | Publication
• Antitrust Enforcement on a Global Scale November 1, 2010 | Publication
• Diplomacy At Its Best: Two New York Lawyers Show the Way August 1, 2010 | Publication