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Dan Marmalefsky Dan Marmalefsky

Partner
Primary Office: Los Angeles

Email: dmarmalefsky@mofo.com
Phone: (213) 892-5809
Fax: (213) 892-5454

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Selected Reported Decisions

United States v. Williams , 504 U.S. 36, 112 S.Ct. 1735, 118 L.Ed.2d 352 (1992).
Authored brief for amicus curiae NACDL discussing prosecutor’s obligation to advise grand jury of substantial exculpatory evidence.

Wayte v. United States , 470 U.S. 598, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985).
Co-authored briefs for appellant challenging constitutionality of “passive enforcement” system for draft registration.

Kolender v. Lawson , 461 U.S. 352, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983).
Co-authored brief for appellee challenging constitutionality of California’s vagrancy law. 

United States v. Hitt , 249 F.3d 1010 (D.C. Cir. 2001); 107 F. Supp. 2d 29
(D.D.C. 2000). 
Co-authored brief affirming trial court dismissal of indictment on statute of limitations grounds, in case involving allegations of alleged illegal export of machine tools to China.  Served as lead defense counsel in trial court.

Spiegel v. Ryan , 946 F.2d 1435 (9th Cir. 1991). 
Co-authored brief challenging constitutionality of OTS order freezing assets of former CEO pending administrative hearing.

Wiener v. FBI , 943 F.2d 972 (9th Cir. 1991).
Co-authored briefs and jointly argued appeal of FOIA suit seeking disclosure of FBI files concerning its surveillance of John Lennon.  Opinion established circuit standards for specificity required in affidavits describing materials withheld from disclosure. 

United States v. Oil Resources , 817 F.2d 1429 (9th Cir. 1987).
Co-authored appeal of civil judgment of tax liability against former directors of dissolved corporation.  (On remand, I successfully won summary judgment.)

Orantes-Hernandez v. Thornburgh , 919 F.2d 549 (9th Cir. 1990); 685 F.Supp. 1488 (C.D. Cal. 1988); 541 F.Supp. 351 (C.D. Cal. 1982).
Co-counsel for class of El Salvadoran refugees seeking injunction requiring notice of right to apply for political asylum.  (I was actively involved in preliminary injunction hearings in 1982 and only tangentially involved in permanent injunction hearings thereafter.  I assisted with the Ninth Circuit appeal.)

Daily Journal Corporation v Superior Court, 20 Cal.4th 1117 (1999)
Co-authored brief on issue of public disclosure of grand jury transcripts from investigation related to Orange County bankruptcy that did not result in an indictment.

Chadwick v. State Bar , 49 Cal.3d 103 (1989).
Co-authored brief seeking modification of proposed discipline. 

Kapelus v. State Bar , 44 Cal.3d 179 (1987).
Co-authored brief and jointly argued against proposed disbarment.

Cal Pak Delivery, Inc. v. UPS, 52 Cal.App.4th 1 (1997)
Co-authored brief on disqualification of plaintiffs' class action counsel for misconduct.

People v. Crenshaw , 180 Cal.App.3d 407, 225 Cal.Rptr. 567 (1986) (depublished).
Briefed and argued criminal appeal challenging conviction due to denial of rights to counsel and to bifurcated hearing on validity of prior conviction.

Tribune Newspapers West v. Superior Court , 172 Cal.App.3d 443 (1985).
Briefed and argued issue of public access to juvenile court proceedings.

People v. Morrall , 144 Cal.App.3d 406, 192 Cal.Rptr. 601 (1983) (depublished). 
Co-authored brief challenging murder conviction of airline pilot on grounds of instructional error and ineffective assistance of counsel.