Todd S Fishman

January 11, 2022 | New York Law Journal

As the answers begin to emerge in the new year, two active criminal prosecutions by the Antitrust Division are likely to frame any renewed priority on criminal enforcement.

By Todd S. Fishman

13 minute read

June 03, 2020 | New York Law Journal

In 2019 global enforcers imposed more than $8 billion in anti-money laundering fines. Of the world's top 50 banks, 12 were hit with fines in 2019. Four months into 2020, this trend has continued.

By Todd S. Fishman and Eugene Ingoglia

14 minute read

December 12, 2018 | New York Law Journal

The U.S. Department of Justice Antitrust Division's case against Kemp Associates, an heir location service firm, has focused attention on the growing role of the rule of reason in the defense of criminal antitrust prosecutions.

By Todd S. Fishman

16 minute read

June 02, 2008 | New York Law Journal

Todd S. Fishman, a partner at Allen & Overy, and Desma Polydorou, an associate at the firm, write that in the wake of last year's Supreme Court decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., the FTC recently agreed to modify its March 2000 Consent Order against Nine West Group Inc. and allow the footwear company to engage in resale price maintenance with its dealers. In doing so, the FTC suggests an analytical framework by which courts will determine the legality of RPM agreements, a framework first proposed by the FTC some 20 years ago for analyzing certain horizontal restraints in Massachusetts Board of Registration of Optometry.

By Todd S. Fishman and Desma Polydorou

8 minute read

January 05, 2007 | New York Law Journal

Todd S. Fishman, a partner at Allen & Overy, and Laura Martin, an associate at the firm, write that the ABA has recently urged the U.S. government to sign, ratify and implement the Hague Convention on Choice of Court Agreements, which would clarify and strengthen the enforceability of choice of court agreements. This benefit has a particular impact upon enforceability within the European Union of jurisdiction clauses selecting non-EU courts.

By Todd S. Fishman and Laura Martin

8 minute read

September 12, 2011 | New York Law Journal

Todd S. Fishman, a partner with Allen & Overy, discusses three emerging limits on the scope of the Financial Industry Regulatory Authority's jurisdiction involving the definition of "customer" under the FINRA rules, the corporate relationship between a non-FINRA respondent and an affiliated FINRA member, and whether the case is connected to the "business activities" of the FINRA member.

By Todd S. Fishman

15 minute read

November 21, 2005 | New York Law Journal

Todd S. Fishman, a senior litigation associate at Allen & Overy, analyzes the Second Circuit's recent decision which modified its approach to antitrust immunity, shifting from the "potential for conflicts" standard towards a more diffuse framework centered on whether there is a "potential specific conflict" that demonstrates evidence of an implied congressional intent to repeal the antitrust laws.

By Todd S. Fishman

11 minute read