---

Mr.  Marmalefsky is a partner in the Los Angeles office of Morrison & Foerster where he specializes in complex civil and criminal business litigation. Mr.  Marmalefsky has considerable trial and appellate experience at all levels of state and federal courts.

Mr.  Marmalefsky’s civil and criminal litigation practice covers diverse areas of substantive law, usually involving allegations of fraudulent conduct against companies or individuals. His civil practice has included issues relating to fiduciary and shareholder rights and obligations, securities and commodities, banking regulations, probate and trust disputes, and general business litigation.

Mr.  Marmalefsky’s criminal practice frequently overlaps with civil matters. He has simultaneously defended clients targeted by state and federal law enforcement agencies in parallel civil litigation and in regulatory proceedings before such agencies as the Securities and Exchange Commission, the Resolution Trust Corporation, the Office of Thrift Supervision, the State Bar of California and other agencies.

---

Representative Matters

• Recent civil matters include the following:

Representation of publicly traded medical device manufacturer in proceedings commenced by Department of Justice, Securities and Exchange Commission and Department of Labor, and in federal securities class action and state court derivative litigation commenced following public disclosure of allegations of inaccurate financial reporting.

Defense of sellers of motion picture studio in actions seeking damages in excess of $1 billion for alleged fraud and breach of fiduciary duty in connection with the sale of the company.

Defense of financial institutions and insurance companies in numerous consumer class actions alleging deceptive sales practices.

Defense of companies, officers and directors in numerous securities class actions.

Recovery of more than $30 million for two ERISA trusts in actions that accused former trustees, trust counsel, and trust investment advisors of breaches of fiduciary duties and other misconduct.

Defense of former savings and loan CEO in more than a dozen civil actions, raising issues of securities and racketeering fraud, unsafe and unsound banking practices, and the rights of thrift regulators to freeze assets of institution-affiliated parties.

• Recent criminal practice matters include the following:

Representation of prominent brokerage firm in criminal investigation arising from the Orange County bankruptcy and in subsequent California Supreme Court proceedings.

Representation of health care companies in investigations of billing practices.

Representation of municipalities in public corruption investigations.

Defense of head of a major aircraft manufacturer’s China program in a case involving export of machine tools to China.

Defense of scientist charged with theft of trade secrets from Harvard Medical School.