Seth Farber is a partner in Winston & Strawn’s New York office and serves as the head of litigation in the firm’s New York office. Mr. Farber has tried numerous federal cases to juries and is an experienced appellate advocate who has argued both civil and criminal appeals in federal circuit courts around the country. Mr. Farber’s practice includes white collar criminal defense and corporate internal investigations, SEC investigations, securities litigation, corporate governance litigation, and litigation associated with mergers and acquisitions. He has also provided pro bono representation to indigent criminal defendants, both as a member of the Criminal Justice Act Panel in the Southern District of New York, and as appointed counsel in other jurisdictions.
- Representation of multinational corporations and executives in international criminal antitrust investigations of global cartels.
- Representation of multinational corporations and executives in parallel FCPA investigations by the DOJ and SEC.
- Representation of Deutsche Bank in criminal tax shelter investigations and parallel nationwide fraud and civil RICO litigation.
- Representation of board of directors of a public company in connection with FCPA investigation of one of its members.
- Representation of Gregory Bell, hedge fund manager and owner of Lancelot Investment Management, LLC, in parallel federal criminal prosecution and SEC enforcement action.
- Representation of the outside directors of Kmart Corporation in connection with investigations by the DOJ, the SEC, and Congress, as well as in breach of fiduciary duty litigation regarding Kmart’s 401(k) plan.
- Representation of the controller of Dreier LLP in connection with investigations by the DOJ and SEC.
- Representation of an investment bank in civil litigation and government investigations relating to the collapse of National Century Financial Enterprises, Inc.
- Representation of Omnicare, Inc. in its successful hostile tender offer for NCS Healthcare, Inc.
- Internal investigation of accounting issues for the Audit Committee of a Fortune 500 company.
- Internal investigation of suspected accounting errors for the Audit Committee of the Board of Directors of Warnaco.
- Representation of a mutual fund executive in connection with parallel investigations by the New York State Attorney General and the SEC.
- Representation of an investment banker in connection with the research analyst investigations conducted by the New York State Attorney General and the NASD.
- Representation of a former Arthur Andersen partner in Enron matters.
- Representation of a former CEO in an insider trading investigation.
- Representation of the CEO of a pharmaceutical distribution company in a federal grand jury investigation into counterfeit drugs.
Following his graduation from law school, Mr. Farber was a law clerk for the Honorable Joseph L. Tauro, U.S. District Judge for the District of Massachusetts. Mr. Farber then worked for five years as an Assistant U.S. Attorney for the Southern District of New York, where he concentrated in prosecuting white collar crime, including commercial fraud and securities fraud.
Mr. Farber received a B.A., summa cum laude, from Harvard University in 1986, and a J.D., cum laude, from Harvard Law School in 1989, where he was an Editor for the Harvard Law Review.
Honors & Awards
Mr. Farber was ranked in Chambers USA 2012 and Chambers USA 2013 as one of the nation’s top lawyers in tax fraud practice. He received the Burton Award for Legal Achievement in 2007.
Mr. Farber is a member of the American Bar Association’s Litigation and Antitrust Sections. He is also a Trustee of the Federal Bar Council and Chair of the Council’s Program Committee.
Speeches and Panels
- “Sanctions Enforcement,” Federal Bar Council, Program Coordinator, June 4, 2013.
- “Supreme Court Review,” Federal Bar Council, Program Coordinator, February 26, 2013.
- “Navigating the Globe: Cartel Enforcement Around the World, Chapter 3: Japan,” ABA Antitrust Section, Cartel and Criminal Practice Committee and International Committee, May 17, 2012.
- “Practical and Strategic Considerations — International Cartel Investigations,” ABA Antitrust Section, Cartel and Criminal Practice Committee, May 27, 2010.
- “Partnering with the Board for Proper Tax Risk Oversight,” Tax Director Roundtable, May 25, 2010.
- “Standards for Corporate Criminal Liability,” Federal Bar Council, Program Coordinator, March 11, 2010.
- “The Intertwined Roles of Attorneys and Forensic Accountants,” NYU School for Continuing and Professional Studies: Prevention and Detection of Fraudulent Financial Reporting, Guest Lecturer, June 29, 2009.
- “Lawyers as Criminal Defendants: Have the Rules Changed?” American Bar Association Annual Meeting, August 2004.
- “Omnicare, Inc. v. NCS Healthcare, Inc.,” Healthcare Transactions 2003, April 1, 2003.
- “Defending the Corporation Against Indictment: Cooperation or Confrontation?” American Bar Association Annual Meeting, August 2002.
- “Sentencing in Criminal Antitrust Cases: The Judiciary Has The Last Word After All,” American Bar Association, Section of Antitrust Law, Cartel & Criminal Practice Committee Newsletter, March 2013.
- “The Policy Case For Eliminating The Public Identification Of Carve-Outs In Antitrust Plea Agreements,” Bloomberg BNA, Antitrust & Trade Regulation Resource Center, March 2013.
- “Klein Conspiracies In The Wake Of US V. Coplan,” Law360, March 4, 2013.
- “An Unnecessary Complication to Defending International Cartel Investigations: Is it Really Necessary for U.S. Counsel To Travel Overseas To Review Foreign Documents?” American Bar Association, Section of Antitrust Law, Cartel & Criminal Practice Committee Newsletter, October 2010.
- “War on Tax Fraud and in Afghanistan: Who Knew They Were Linked?” New York Law Journal, May 10, 2010.
- “Definitely Avoid ‘Utter Failure’: Dodging Risk Can Be a Taxing Job,” Corporate Counsel at www.law.com, April 7, 2010.
- Co-editor, Antitrust Enforcement: Focus on Criminal Cartels.
- “Facing Criminal Price-fixing Investigations in the U.S.,” Competition Law360, February 17, 2009.
- “New Risk in Employee Interviews,” National Law Journal, July 24, 2006.
- “Shoring Up Compliance Programs In the Wake of ‘Booker/Fanfan’,” GC New York, October 11, 2005.
- “Corporate Internal Investigations in the Age of Cooperation: Strategies for Limiting Disclosure of Confidential Information,” Andrews Securities Litigation & Regulation Reporter, Vol. 9, No. 17, December 31, 2003, and Andrews Corporate Officers & Directors Liability Litigation Reporter, Vol. 19, No. 10, December 1, 2003.
- “Cooperating with the Government In Corporate Criminal Investigations: Has Andersen Changed the Landscape?” American Bar Association Annual Meeting, Section of Litigation Written Materials, August 2002.
- New York
- Harvard Law School JD, 1989