Evan Stewart

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

Speaker, “Ethical Issues in Complex Securities Litigation,”Practising Law Institute, April 20, 2016.

Speaker, “Professional Responsibility Wake-Up Calls for In-House Counsel,” JP Morgan, March 31, 2016.

Chair and Speaker, “Ethics for Commercial Litigators 2016,” Practising Law Institute, March 17, 2016.

Chair and Speaker, “Ethics for Corporate Lawyers: Multijurisdictional Practice and Other Current Issues in 2016,” Practising Law Institute, February 17, 2016.

Speaker, “Ethical Challenges Facing In-House Attorneys,” The Ayco Company, October 5, 2015. 

Speaker, “Ethical Challenges Facing In-House Attorneys,” Daiichi Sankyo, Inc., September 18, 2015.

Speaker, “Ethical Challenges Facing In-House Attorneys,” (Goldman, Sachs & Co.), September 16, 2015. 

Speaker, "Ethical Traps for the Unwary," Bloomberg BNA Webinar, August 11, 2015.

Chair and Speaker, “Ethics in Banking and Financial Services 2015,” Practising Law Institute, August 6, 2015.

Speaker, “Ethical Issues in Complex Securities Litigation," Practising Law Institute, April 22, 2015. 

Chair and Speaker, “Ethics for Commercial Litigators 2015”, Practising Law Institute, April 15, 2015.

Speaker, “A Legal and Practical Guide to FINRA Arbitration Enforcement," Bloomberg BNA, February 24, 2015.

Chair and Speaker, "Ethics for Corporate Lawyers: Multijurisdictional Practice and Other Current Issues in 2015,” Practising Law Institute, February 18, 2015.

Speaker, "Ethical Minefields Facing Litigators and Corporate Attorneys," BNA Bloomberg, October 02, 2014.

Chair and Speaker, Ethics in Banking and Financial Services 2014, Practising Law Institute, August 7, 2014.

Panelist, Representing the Board: Best Practices and Potential Hazards, Association of Corporate Counsel

CLE Program, April 28, 2014.

Chair and Speaker, “Ethics for Commercial Litigators 2014,” Practising Law Institute, April 16, 2014.

Chair and Speaker, “Ethics for Corporate Lawyers: Multijurisdictional Practice and Other Current Issues in 2014,” Practising Law Institute, February 19, 2014.

Speaker, Ethical Minefields Facing Lawyers, New York City Bar Association, February 06, 2014.

Representative Activities and Affiliations

Member, Council on Foreign Relations 

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 City Bar Association (Professional Responsibility Committee)

Former Member, Securities Regulation, Corporate Law Department, Asian Affairs, Uniform Laws, and Young Lawyers Committees of the New York City Bar Association

Former Special Assistant District Attorney, New York City

Former Chair, Federal Regulation Committee, Securities Industry Association

Former Trustee, Federal Bar Council, Westminster School, America Historical Association, Young Women’s Christian Association of the U.S.A., and 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)

“The D.C. Circuit: Wrong and Wronger!”NY Business Law Journal, Winter 2015.

“What LBJ Did Not Know and Why He Did Not Know It,” Federal Bar Council Quarterly, Sept./Oct./Nov. 2015.

“The End of Conflicts of Interest?: Courts Warm Up to Advance Waivers,” New York State Bar Association, November 12, 2015.

“Navigating State-Based Ethics Rules And Sarbanes-Oxley Requirements,” New York Law Journal, September 21, 2015.

“Pigs Get Fat, Hogs Get Slaughtered: Keeping Lawyers Out of the Slaughterhouse,” NY Business Law Journal, Summer 2015.

“Legal History: Robert Bork at Justice,” Federal Bar Council Quarterly, June / July / August 2015. 

“The Trials of Clement Vallandingham,” Federal Bar Council Quarterly, April / May /June, 2015. 

“The Rivera Precedent: What You Don’t Know Can Hurt You,” Business Law Today, May 21, 2015. 

“Judge Gets Common Interest Privilege Spot-On!” New York Law Journal, April 07, 2015.

“Tom Dewey in the Second Circuit,” Federal Bar Council Quarterly, February 01, 2015.

“Squaring the Circle: Can Bad Legal Precedent Just Be Wished Away?” NY Business Law Journal, January 15, 2015.

“Privilege: Misunderestimated or Misunderstood?” New York Law Journal, October 20, 2014.

“Judge Rakoff as Don Quixote? Tilting at the SEC’s Settlement Windmills,” Westlaw Journal - Securities Litigation & Regulation, October 02, 2014.

Co-Author, FINRA Arbitration and Enforcement: A Legal and Practical Guide, 289 Securities Practice Portfolio Series (Bloomberg BNA), 2014.

“Of Mice, Men, Migratory Lawyers, and Multijurisdictional Practice,” ABA/BNA Lawyers' Manual on Professional Conduct, September 10, 2014.

“The Impact Of Judge Rakoff’s Settlement Odyssey,” Law360 Expert Analysis, September 05, 2014. “The Trial of Anthony Burns and the Coming of the Civil War,” Federal Bar Council Quarterly, August

2014

"’Positively 4th Street’: Lawyers and the ‘Scripting’ of Witnesses,” NY Business Law Journal, Summer 2014.

“Jeffrey MacDonald and the Unavailable Witness,” Federal Bar Council Quarterly, May 2014.

“’Here’s Johnny!’: Carnacing the Future of SEC’s Preemption Overreach,” Bloomberg BNA Securities Regulation & Law Report, April 28, 2014.

“Whistleblower Law: What Rights Do Ratting Lawyers Have?” New York Law Journal, March 14, 2014. 

“Simon Rifkind and the Case of the Maligned Author,” Federal Bar Council Quarterly February, 2014.

“The End of Conflicts of Interest? Courts Warm Up to Advance Waivers,” New York Business Law Journal,

Winter 2013.

“Mad Dogs and Englishmen,” NY Business Law Journal, Summer 2013.

“Simon Rifkind and the Lawyer’s Role and Responsibility,” Federal Bar Council Quarterly, July 2013. 

“The Death of Corporate Responsibility:  How Integrity Has Been Destroyed on Wall Street,” New York

Law Journal, May 6, 2013.

“How Can the Same Court Get it So Wrong and So Right?” BNA Securities Regulation & Law Report,

April 22, 2013.

“Good Golly Miss Molly!: The Attorney Work Product Takes Another Hit,” NY Business Law Journal,

Winter 2012.

“Attorney-Client Privilege: Ohio Takes a Bite Out of the Big Apple,” New York Law Journal, September 7, 2012.

‘‘The Man Who Mentored Lawyers,” Federal Bar Council Quarterly, August 2012. 

“A Tale of Two Judges,” New York Business Law Journal, Summer 2012.

“Myron Taylor’s Mission to Save Germany’s Jews,” Federal Bar Council Quarterly, February 2012.

“Just When Lawyers Thought It Was Safe to Go Back into the Water,” New York Business Law Journal, Winter 2012.

“Lincoln in the Second Circuit,” Federal Bar Council Quarterly, November 2011.

“DOJ’s Suit Against AT&T: Rhetoric v. Reality,” The National Law Journal, November 28, 2011. “The SEC and Litigation: Oil and Water?” New York Law Journal, November 8, 2011.

“The ‘Dark Side’ of the Hedge Fund World,” Law360, August 11, 2011. “George Patton and the Law,” Federal Bar Council Quarterly, August 2011.

“Lawyers and the Border Patrol: The Challenges of Multi-Jurisdictional Practice,” New York Business Law Journal, Summer 2011.

“William Henry Seward: Diplomat of the Civil War,” New York Archives, Summer 2011.

“Bobby Kennedy’s Department of Justice: RFK and His Greatest Nemesis,” Federal Bar Council Quarterly, March 2011.

“Thus Spake Zarathustra (and Other Cautionary Tales for Lawyers),” New York Business Law Journal, Winter 2011.

“Class Actions: Is Bigger Always Better?” New York Law Journal, January 25, 2011. 

“Antitrust Enforcement on a Global Scale,” The National Law Journal, November 1, 2010.

“Diplomacy at Its Best: Two New York Lawyers Show the Way,” Federal Bar Council Quarterly, August 2010.

“New York’s New Ethics Rules: What You Don’t Know Can Hurt You!” New York Business Law Journal, Summer 2010.

“Pandora’s Box and the Bank of America,” New York Law Journal, November 4, 2009.

“Mrs. Palsgraf and the Long Island Railroad: Did Cardozo Get It Wrong?” Federal Bar Council Quarterly, August 2009.

“Lawyer Directors: Just a Bad Idea,” New York Business Law Journal, Summer 2009. “The Man Nobody Knew,” New York Archives, Summer 2009.

“The Serendipity of History: Henry Stimson and the Saving of Kyoto,” Federal Bar Council News, May 2009.

“Corporate Governance: Promises Kept, Promises Broken,” New York Law Journal, February 5, 2009. “A Friendship that Helped Win the American Civil War,” Federal Bar Council News, February 2009. “How One Bad Ruling Can Spoil a Whole Bunch of Cases,” New York Law Journal, January 8, 2009.

“Casablanca and the Crisis in Capitalism: Which ‘Reforms’ Will Save Us?” BNA’s Securities Regulation & Law Report, November 17, 2008.

“The Pentagon Papers in the Second Circuit: A Brilliant Legal Strategy Formulated Before Dawn,”

Federal Bar Council News, November 2008.

“Documents and Lawyers:  Oil and Water?” New York Business Law Journal, Fall 2008.

“In-House Counsel as Whistleblowers-A Rat Without a Remedy?” New York Law Journal, August 21, 2008. “William Evarts: The Man to See (In the 19th Century),” Federal Bar Council News, July 2008.

“When Exceptions Swallow the Rule: The Growing Demise of the ‘No-Contact’ Rule,” New York

Business Law Journal, Summer 2008.

“SEC’s ‘Wells’ Process is a Bad Bet,” The New York Sun, June 2, 2008. “Government’s Abuse of Lawsuits,” The New York Sun, May 15, 2008.

“Regulating the Legal Profession: Sense or Nonsense,” New York Law Journal, May 15, 2008.

“The Pit, the Pendulum, and the Legal Profession: Where Do We Stand After Five Years of Sarbanes Oxley?” BNA’s Securities Regulation & Law Report, February 22, 2008.

“The False Promise of Legal and Regulatory Reforms,” New York Law Journal, February 21, 2008. “Sick Chickens in the Second Circuit Threaten FDR’s New Deal,” Federal Bar Council News, February 2008.

“Corporate Criminal Liability Run Amok,” New York Law Journal, November 15, 2007.

“Who Killed President Kennedy: Now We Know?!” Federal Bar Council News, November 2007.

“The Legal Profession and Conflicts: Ain’t No Mountain High Enough?” New York Business Law Journal, Fall 2007.

“The Policies and Politics of Antitrust,” New York Law Journal, August 16, 2007.

“Can the U.S. Capital Markets Be Saved By Tinkering with the Legal Profession?” The Metropolitan Corporate Counsel, June 2007.

“The SEC’s Setbacks in Litigation,” New York Law Journal, May 17, 2007.

“Will Waving the Privilege Save It?” New York Business Law Journal, Spring 2007.

“The Attorney-Client Privilege and Email: Strange Bedfellows?” The Computer & Internet Lawyer, March 2007.

“Carnacing the Future: What Challenges Will 2007 Bring for Those Who Deal With the Government?”

New York Law Journal, February 15, 2007.

“JFK in the Second Circuit (Almost),” Federal Bar Council News, February 2007.

“Myron C. Taylor: Cornell Benefactor, Industrial Czar and FDR’s ‘Ambassador Extraordinary,’” Cornell Law Forum, Fall 2006 and Spring 2007.

“The Wrong Track to Reforming Corporate Governance,” New York Law Journal, October 10, 2006.  “This Is a Fine Mess You’ve Gotten Me Into: The Revolution in the Legal Profession,” New York Business Law Journal, Summer 2006.

“The Internet, Litigation and the ‘Oops’ Factor,” GC New York, May 15, 2006.

“Think Twice: The Good, the Bad and the Ugly of Corporate Investigations,” GC New York, March 27, 2006.

“Antitrust: A Dangerous Intersection of the Securities and Antitrust Laws,” BNA’s Securities Regulation and Law Report, January 9; 2006.

‘‘The Yin & Yang of Corporate Governance,” New York Law Journal, October 11, 2005.

“The Senate’s Advice and Consent of Clement Haynsworth,” Federal Bar Council News, October 2005.

“The Post-Enron Pendulum: Is It Swinging Back (And in What Direction)?” American Banker, June 24, 2005.

“When the Government Comes Knocking,” GC New York, March 14, 2005.

“The Criminalization of ‘Late Trading’:  Wrong and Wronger,” European Lawyer, July/August, 2004. “A Walk on the Wild Side: Law Enforcement and Law Practice in the Post-Enron Era,” Compliance Reporter, June 21, 2004

“Our Relationship is in Trouble,” New York Law Journal Magazine, June 14, 2004.

“The ‘Soft’ 4 p.m. ‘Brick Wall’: A Reality Check on ‘Late Trading,” Money Management Executive, March 22, 2004.

“The SEC and the Lawyer-Client Relationship: A Revolution in the Making,” Compliance Reporter, February 9, 2004.

“Securities Class Actions: Beginning of the End, or End of the Beginning?” BNA’s Securities Regulation

& Law Report, December 22, 2003.

“The Odd Couple:  Inside and Outside Counsel,” New York Law Journal, October 27, 2003.

“Suitability Claims for Investors Who Hold: The California Bloom is Off the Rose,” Securities Regulation and Law Report, July 21, 2003.

“Sarbanes-Oxley: Panacea or Quagmire for Securities Lawyers?” New York Law Journal, March 21, 2003.

“Securities Regulation and the Antitrust Laws: Navigating the Law Enforcement Schemes,” Securities

Regulation and Law Report, February 3, 2003.

“Holding Lawyers Accountable in the Post-Enron Feeding Frenzy,” Securities Regulation and Law Report, September 30, 2002.

“Liability for Securities Lawyers in the Post-Enron Era,” The Review of Securities & Commodities Regulation, September 11, 2002.

“The Ethics of Document Destruction: Andersen Agonistes,” New York Law Journal, April 15, 2002. “Underwriters’ Liability:  A Brief Precis,” Current Developments & Strategies in Securities Litigation,

(Association of the Bar of the City of New York, April 2002).

“Class Action Communications: Ex Parte or Not?” Class Action Litigation Report, January 25, 2002. “The Arbitration Quagmire,” New York Law Journal, December 26, 2001.

“Attorneys in the White House,” Federal Bar Council News, December 2001. “McCarthyism Meets the Law, and Loses,” Federal Bar Council News, October 2001.

“Legal Ethics for Securities Lawyers: Traditional Norms Reinvigorated,” BNA Securities Regulation & Law Report, October 1, 2001.

“Corporate Counsel and the Unauthorized Practice of Law: ‘Special’ Is Not Necessarily Better,” New York Law Journal, August 28, 2001.

“Legal Ethics for Securities Lawyers: A Paradigmatic Oxymoron Gets Harder,” BNA Securities Regulation

& Law Report, April 30, 2001.

“Bush v. Gore:  The Right Result for the Wrong Reason(s),” Federal Bar Council News, April 2001.

“Antitrust Enforcement in the Millennium--Back to the Future, or Forward Into the Past?” BNA Mergers & Acquisitions Report, February 26, 2001.

“The Election of 1824: The ‘Corrupt Bargain’ and An Act of God,” Federal Bar Council News, February 2001.

“Corporate Criminal Liability:  A Problematic Concept Which Also Bodes Ill for the Legal Profession,”

New York Law Journal, January 12, 2001.

“Facing Up to Ethical Challenges,” The Metropolitan Corporate Counsel, January 2001.

“How Salmon P. Chase Was Maneuvered Out of Running for President, Removed from the Cabinet, and Made Chief Justice of the Supreme Court,” Federal Bar Counsel News, December 2000.

“The Attorney-Client Privilege and the Internet: A Shaky Alliance?” New York Law Journal, September 5, 2000.

“Break-up Fees in M&A Litigation: Risks and Rewards,” INSIGHTS, August 2000.

“The Corporate Executive’s Guide to the Role of the General Counsel,” ACCA Docket, May 2000. 

“The Supreme Court Straddles the Controversy Over Supplemental Jurisdiction in Class    Actions,” BNA Class Action Litigation Report (April 28, 2000)

“FOR and the Second Circuit,” Federal Bar Council News, April 2000.

“Qualified Immunity and Regulatory Disclosure:  Oil and Water in the Securities Industry,” BNA Broker- Dealer Compliance Report, March 22, 2000.

“The Attorney-Client Privilege: The Best of Times, The Worst of Times,” The Professional Lawyer, March 2000.

“The Cross-Examination of Jake Jacobsen,” Federal Bar Council News, February 2000.

“The Judiciary’s Increased Role in Reviewing Arbitration Awards,” New York Law Journal, January 28, 2000.

“Lyndon Johnson and the Law,” C. Evan Stewart, Federal Bar Council News, December 1999.

“Legal Ethics for Corporate Counsel: Quandaries and Speed Bumps,” New York Law Journal, October 21, 1999.

“The Second Circuit Affirms the Attorney-Client Privilege,” ABA Pretrial Practice & Discovery, Summer 1999.

“The Securities Industry and the Millennium,” New York Law Journal, April 15, 1999.

“While Rome Burns--Fiddling with Reforming Reform in the Securities Industry,” BRIEFLY...Perspectives on Legislation, Regulation, and Litigation, NLCPI; Washington, D.C., Vol. 2, November 1998.

“The Second Circuit Changes the Ground Rules for Arbitration,” ABA Pretrial Practice & Discovery, Fall 1998.

“Litigating With the SEC: A Sane or Insane Notion,” New York Law Journal, October 8, 1998. “Hickman v. Taylor Reinvigorated by the Second Circuit, with Important Benefits for Litigants,” ABA Pretrial Practice & Discovery, July 1998.

“General Thoughts to Inform a Party’s Deposition Strategy,” (Chapter in Taking and Defending Depositions in Commercial Cases (Practising Law Institute)), June 1998.

“Policing the Corporate Beat: One Small Step for Man...,” New York Law Journal, May 7, 1998. 

“William Henry Seward, 19th Century Advocate and Statesman,” Federal Bar Council News, April 1998. “Securities Arbitration Today: For Whom the Bell Tolls,” ABA Pretrial Practice & Discovery, April 1998.

“The Legal Legacy of Lincoln,” Federal Bar Council News, February 1998.

“The Legal Battle Over Brandeis,” Federal Bar Council News, December 1997.

“Why Judge Learned Hand Was Never Appointed to the U.S. Supreme Court,” Federal Bar Council News, October 1997.

“Securities Industry Trends: Up, Down or Sideways?” New York Law Journal, August 28, 1997. “Nixon and the Second Circuit,” Federal Bar Council News, June 1997.

“Appeals,” C. Evan Stewart (Chapter in Litigating Complex Cases: From the Inside Out (GLW; Little Falls, NJ)), April 1997.

“The Trials of Alger Hiss,” Federal Bar Council News, April 1997.

“Internal Reports and Disclosure: Yes, No or Maybe?” The Corporate Counsellor, August 1996. “Corporate Counsel and Privileges: Going, Going...,” New York Law Journal, July 11, 1996. “The Ruder Report: Panacea or Band-Aid,” New York Law Journal, April 12, 1996.

“Making Up Her Own Mind,” Cornell Magazine, April 1996.

“The First Legacies of Daiwa Bank,” New York Law Journal, January 25, 1996.

“Derivatives, Suitability and Risk Management,” New York Law Journal, December 7, 1995. 

“Securities Arbitration in 1995: Dumb and Dumber,” New York Law Journal, June 15, 1995. “Punitive Damages Redux: The End Is Near,” New York Law Journal, January 24, 1995.

“Disclosure of Bad Actors To Regulators: Matching Goals And Realities,” ABA Securities News, Fall 1994. 

“Punitive Damages in Arbitration: Deja Vu All Over Again,” New York Law Journal, July 21, 1994.

“Arbitrating Securities Law Claims: Can the Failed Promise Be Redeemed?” (Chapter in Securities Class Actions: Abuses and Remedies (NLCPI; Washington, D.C.)), July 1994.

“Using ADR Agreements- Intelligently.” Strategic Alert Alliance, July 1994.

“Corporate Counsel as Risk Manager: Have the Risks Become Unmanageable?” New York Law Journal, April 21, 1994.

“Corporate Counsel and Attorney Work Product:,” New York Law Journal, November 8, 1993.

“For In-House Counsel, Serving Two Masters Raises Ethical Issues,” The National Law Journal, August 30, 1993.

“Corporate Lawyer as Whistle-Blower: The Good, the Bad and the Ugly!” New York Law Journal, July 1, 1993.

“Self-Critical Analysis: An Emerging Privilege?” New York Law Journal, December 17, 1992. “Corporate Lessons from OTS v. Kaye Scholer,” New York Law Journal, June 18, 1992. “International Business Raises Jurisdictional Issues,” The National Law Journal, March 16, 1992. “Attorney-Client Privilege: Killing Limited Waiver,” New York Law Journal, January 16, 1992. “Death Knell Sounds for Equitable Tolling.” The National Law Journal, September 9, 1991.

“Arbitrating Class Actions: An Idea Whose Time Should Not Come,” New York Law Journal, June 13, 1991.

“The Corporate Attorney-Client Privilege:  Is Nothing Sacred?” Corporate Criminal and Constitutional Law Reporter, April 5, 1991.

“Securities Arbitration Appeal:  An Oxymoron No Longer?

”Kentucky Law Journal, 1991.

“Ground Rules Shift for Ex Parte Interviews,” The National Law Journal, March 11, 1991.

“Punitive Damages in Arbitration: Time to Fish or Cut Bait,” New York Law Journal, February 21, 1991.

“The Free Press-Fair Trial Conflict--What’s a Lawyer to Say?” Fordham Entertainment, Media & Intellectual Property Law Forum, 1990-91.

“Arbitration:  The Need to Build a Better Mousetrap,” The Practical Lawyer, December 1990. “Whither the Attorney-Client Privilege?” New York Law Journal, October 11, 1990.

“Proposals to Reduce Court Congestion Pose Significant Problems,” Legal Times and affiliated national publications, March 1990.

“A Dissenting Voice on Securities Arbitrations,” Manhattan Lawyer and affiliated national publications, August 1989.

“Document Production: An Insider’s Perspective,” Case & Comment, 3rd issue 1989. 

“Finality in Bankruptcy: Is There Life After Discharge?” Bridgeport Law Review, 1987-88. 

“The Attorney Work Product Doctrine,” Case & Comment, 1st issue 1987.

“Rulings Make Summary Judgment Possible in Complex Litigation,” The National Law Journal, December 1, 1986.

“Discovering Privileged Communications,” Case & Comment, 5th issue 1986.

“The Interrelation of the Bankruptcy Laws and Environmental Regulation,” Impact of Environmental Law on Real Estate Transactions, 1986 (co-author).

“Defending the Attorney-Client Privilege,” Case & Comment, 4th issue 1986.

“The Government Suspension Provision of the Clayton Act’s Statute of Limitations: For Whom Does It Toll?” St. John’s Law Review, 1986.

“Functionality’ Under Lanham Act Confuses and Splits Appeals Courts,” The National Law Journal, March 31, 1986.

“Gender-Neutral Advocates Seek Unjust Results,” Legal Times, September 23, 1985. Tactics and Strategy in Major Litigation (PLI 1983) (co-author).

“Unemployment Compensation-Response to a Crisis,” Cornell Law Review, 1976.