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Mark J. Stein
Partner

425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-2310
Fax:  (212) 455-2502
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Mark Stein is a Partner at Simpson Thacher & Bartlett LLP in the Firm's Litigation Department. 

Mr. Stein has represented companies and individuals involved in investigations conducted by the United States Department of Justice, U.S. Attorney’s Offices around the country, the New York State Attorney General’s Office, the United States Securities and Exchange Commission, and other federal, state and self-regulatory bodies.  He has also conducted numerous internal investigations for companies confronting potential misconduct by its officers and employees.  He has reviewed the compliance programs and policies of many companies and made recommendations for improvement.  As a member of the Criminal Justice Act panel, Mr. Stein has extensive trial experience as defense counsel in federal criminal cases and has achieved a high percentage of acquittals over the past few years.  He also handles a broad range of civil litigation, including cases that are parallel to governmental investigations.

From 1989 through 1994, Mr. Stein served as an Assistant United States Attorney in the Southern District of New York, ending his tenure there as Deputy Chief of the Criminal Division.   During his tenure in government, Mr. Stein was involved in investigating, prosecuting cases, trying numerous cases of securities fraud, bank fraud and money laundering and was lead counsel in seventeen jury trials. 

In 1994, Mr. Stein served as an Assistant in the Office of the Independent Counsel for the Whitewater investigation involving allegations concerning the Madison Guaranty Savings & Loan in Arkansas and members of the Clinton administration.  

Mr. Stein is a fellow of the American College of Trial Lawyers.  He is listed in Chambers USA as a leading practitioner in the area of white collar crime and government investigations.  Mr. Stein is a frequent panel speaker on issues concerning Governmental and internal investigations. 

Mr. Stein is admitted to the bar in New York and to practice before the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit.  He received his JD in 1983 from the University of Michigan Law School, where he was Senior Editor of the Law Review, and his BA in 1980 from the State University of New York at Albany.

Honors/Associations
•  Co-chair of the United Jewish Appeal, Lawyers Division, Criminal Law Committee, 2006-present
•  The Association of the Bar of the City of New York, Member, Judiciary Committee, 2001-2004
•  Member, Criminal Justice Act Panel, 1996-Present
•  The Association of the Bar of the City of New York, Criminal Law Committee, 2005-present
Publications
•  Mark J. Stein and Nicholas Goldin, "A Change To SEC's 'No Admit, No Deny' Policy," Law360 (January 23, 2012)
•  As Judicial Scrutiny of the SEC’s Settlement Practices Mounts, the SEC Adopts a Limited Change to Its ‘Neither Admit Nor Deny’ Policy
•  New York Court of Appeals Rejects Martin Act Preemption of Common Law Claims of Breach of Fiduciary Duty and Gross Negligence
•  Supreme Court Considers Tolling of Statute of Limitations in Section 16(b) Claims
•  Reflections on Dodd-Frank: A Look Back and a Look Forward
•  Peter Bresnan, Mark J. Stein and Nicholas Goldin, "SEC’s First Deferred Prosecution Agreement Sheds Light on Cooperation Initiative," BNA’s Daily Report for Executives (June 8, 2011) and BNA’s World Securities Law Report (July 2011)
•  Mark J. Stein, Nicholas Goldin and Marc S. Hennes, "DOJ Chalks Win in FCPA Case: Noriega Decision in the Government's Favor Is a Limited Setback for Subjects of Federal Corruption Inquiries," Wall Street Lawyer (June 2011)
•  The Supreme Court Limits Rule 10b-5 Liability to Person or Entity Making Alleged Misstatement
•  The Supreme Court Rejects Loss Causation Requirement at Class Certification Stage
•  SEC Announces Final Rules Implementing The Dodd-Frank Whistleblower Program
•  Shedding More Light on Its Cooperation Initiative, the SEC Announces Its First Deferred Prosecution Agreement
•  Last Week’s FCPA Decision In The Government’s Favor Is A Limited Setback For Subjects Of Federal Corruption Inquiries
•  The Supreme Court Considers Loss Causation at Time of Class Certification
•  Mark J. Stein, Nicholas Goldin and Heather L. Shaffer, “Lessons From Renault: Opinion,” TheStreet.com (March 2011)
•  The Supreme Court Rejects Bright-Line Rule on Disclosure of Adverse Event Reports
•  Renault’s Mea Culpa This Week: A Reminder Of What Can Happen When A Company Investigating A Whistleblower Claim Is Misled
•  Mark J. Stein, Nicholas Goldin and Joan E. Flaherty, “The Sweeping Whistleblower Provisions Tucked Inside Dodd-Frank: Why And How Companies Should Prepare For a New Era of Corporate Whistleblowing,” Wall Street Lawyer (January 2011)
•  The Supreme Court Considers the Materiality Requirement in the Context of Drug Companies’ Disclosure of Adverse Event Reports
•  Shedding Light on Its New Cooperation Initiative, the SEC Announces Its First Non-Prosecution Agreement with a Public Company
•  In Vacating the Conviction of Network Associates' Former CFO, the Ninth Circuit Reminds Prosecutors That Accounting Fraud Prosecutions Carry A High Evidentiary Burden
•  The Supreme Court Considers the Liability of Investment Advisers in Federal Securities Fraud Cases
•  The Sweeping Whistleblower Provisions Tucked Inside Dodd-Frank: Why And How Companies Should Prepare For a New Era of Corporate Whistleblowing
•  Skilling: Is it Really a Game-Changer for Mail and Wire Fraud Cases?
•  The Supreme Court Limits the Extraterritorial Application of the Antifraud Provisions of the U.S. Securities Laws
•  The Supreme Court Holds That The “Honest-Services” Fraud Statute Covers Only Bribery and Kickback Schemes
•  SEC Announces Significant New Initiatives to Encourage Cooperation in Investigations and Enforcement Actions
•  Regulators Take Aim at Acts of Foreign Bribery: Heightened Necessity for Foreign Corrupt Practices Act Compliance Programs and Procedures
•  The Filip Memorandum: Does It Go Far Enough?
Speaking Engagements
•  Alan Klein to Chair the International Bar Association’s Annual M&A Conference, Mark Stein to Lead Panel
June 14, 2011
•  Mark J. Stein Speaks at PALS Event at Simpson Thacher
October 8, 2010
•  Jonathan K. Youngwood to Chair and Mark J. Stein to Speak at PLI’s "Securities Litigation & Enforcement Institute 2010"
July 30, 2010
Education
•  University of Michigan Law School, 1983 J.D.
Senior Editor, Michigan Law Review,1982-1983
•  State University of New York at Albany, 1980 B.A.



•  Litigation
•  Government and Internal Investigations
 
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