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Todd S. Fishman

Todd Fishman is a partner in the firm’s Commercial Disputes practice group. With 30 years of experience, Todd focuses his practice on the defense of antitrust, commodities markets, and securities investigations, as well as complex class actions.

Todd has represented companies and individuals in federal and state courts throughout the country and in proceedings before the Department of Justice (DOJ), Securities and Exchange Commission, Commodity Futures Trading Commission, Federal Reserve Board, Financial Industry Regulatory Authority, and state attorneys general in matters concerning accounting fraud, securities fraud and financial reporting, commodities fraud and manipulation, antitrust and competition matters, and corrupt practices and money laundering.

Todd previously served as defense counsel for the former chairman and chief executive officer of Lehman Brothers in government investigations and multiple other proceedings arising out of the firm's bankruptcy filing in September 2008. Todd also has extensive experience representing financial services clients in cross-border enforcement investigations and litigation.

In addition, Todd has represented clients in significant antitrust matters. He frequently represents clients in government investigations and civil litigation involving the intersection of antitrust and the financial markets. In recent years, he has represented global financial services firms in DOJ and regulatory investigations and multidistrict class action proceedings relating to alleged manipulation and collusion in the markets for credit default swaps, credit default swap indices, precious metals, US Treasury instruments and the Archegos failure.

Todd also has a focus on the crypto and digital assets space. He is representing a large cryptocurrency derivatives trading platform in a long-running Southern District of New York class action litigation alleging product offering and exchange trading practices in violation of the Commodity Exchange Act and U.S. and state securities laws. He also regularly comments on enforcement trends and disruptive trading practices in digital asset markets.

Todd is a co-author of the Criminal Antitrust Enforcement chapter in the leading treatise White-Collar Crime: Business and Regulatory Offenses.  Todd also served as a member of the New York City Bar’s Securities Litigation Committee from 2014 to 2018. He is recognized by Legal 500 as "knowledgeable and great to work with" in its Dispute Resolution category (corporate investigations as well as international litigation) and by Super Lawyers (New York Metro) for antitrust litigation.

Prior to joining the firm, Todd was a litigation partner at another global law firm. Todd previously served as a law clerk for the Honorable William H. Pauley III, United States District Judge, Southern District of New York.

  • Selected to Super Lawyers for Antitrust Litigation and Securities Litigation in New York, 2013-2024
  • Recognized by The Legal 500 United States as a Key Lawyer for Civil Litigation/Class Actions: Defense, 2024
  • Co-author, “Criminal Antitrust Enforcement,” White Collar Crime: Business and Regulatory Offenses, Law Journal Press, 2024
  • "An Emerging Financial Crisis In 2023? A Primer on Old Metrics," New York Law Journal, 20 June 2023
  • "Criminal Antitrust in 2022: Two Cases Likely to Frame the New Agenda," New York Law Journal, 11 January 2022
  • "Active U.S. Enforcement of Anti-Money Laundering Rules Continues Unabated," New York Law Journal, 20 June 2023
  • "The Rule of Reason as a Bar to Criminal Antitrust Enforcement," New York Law Journal, 12 December 2018
  • "The SEC's Renewed Focus on Gatekeepers," The Review of Securities & Commodities Regulation, 5 October 2016
  • "The Wheat and the Whale: Reckless Manipulation and the CFTC's Use of the Dodd-Frank Act Anti-Manipulation Provisions," BNA Securities Regulation & Law Report, 13 July 2015
  • "Lessons from the Credit Crisis: A Subtle Shift in the Long Reach for Top Executives," Wall Street Lawyer (Volume 17, Issue 12), December 2013
  • "U.S. and EU Antitrust Enforcement: What Role In A More Heavily Regulated Financial Sector?," Competition Policy International, Fall 2011 (awarded Best Academic General Antitrust Article in Competition Policy International's 2012 Antitrust Writing Awards)
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