Dan Marmalefsky specializes in complex civil and criminal business litigation. His civil practice covers issues relating to securities, unfair competition, fiduciary and shareholder rights and obligations, and general business litigation. His civil cases have included matters related to the subprime banking crisis, alleged backdating of stock options, fraud and breach of fiduciary duty, inaccurate financial reporting, and deceptive sales practices in the insurance, telecommunications and food industries. Recently, he has successfully obtained judgments dismissing securities and consumer class action claims in actions filed throughout California and across the country.
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 SEC, state insurance departments and attorneys general, and other agencies.
His criminal matters have included defending public company officers in investigations of alleged securities fraud, obtaining dismissals of criminal charges in high profile matters in New York, Washington, D.C., and Boston, Massachusetts, and representing a prominent brokerage firm in a criminal investigation arising from the Orange County bankruptcy and in subsequent California Supreme Court proceedings.
Mr. Marmalefsky is frequently retained as appellate counsel in significant civil and criminal matters. Issues he has argued in recent years include such diverse matters as whether a court erred in dismissing a juror during jury deliberations, whether a representative ERISA action for breach of fiduciary duty can be prosecuted pro se, whether California Proposition 64 should be given retroactive effect, whether the internal affairs doctrine required a California court to apply the law of the British Virgin Islands in a shareholder derivative action, and the proper scope of a criminal restitution order.
Mr. Marmalefsky regularly handles pro bono matters and has been recognized by the American Civil Liberties Union (ACLU) and California Lawyer for his ongoing commitment to pro bono representation. He has worked with the ACLU and the National Association of Criminal Defense Lawyers in criminal law cases before the United States Supreme Court, and with the ACLU in a Freedom of Information Act lawsuit concerning FBI surveillance of former-Beatle John Lennon and in separate class action lawsuits concerning rights of the homeless and the right of high school students to a free public education.
Mr. Marmalefsky serves on the California Litigation Advisory Committee of the U.S. Chamber of Commerce. He is a member of the White Collar Crime Committee of the American Bar Association, as well as a member of California Attorneys for Criminal Justice, the Federal Bar Association, and the National Association of Criminal Defense Lawyers.
At Yale Law School, Mr. Marmalefsky was awarded the C. Larue Munson award for excellence in the representation of numerous individuals through Yale's Legal Services Organization.
Following graduation, Mr. Marmalefsky worked with a private, non-profit criminal defense organization in San Diego before joining Hufstedler, Miller, Carlson & Beardsley in 1982, where he became a partner in 1986. He joined Morrison & Foerster as a partner in 1995.
Mr. Marmalefsky is recommended by Best Lawyers in America (2013–2016), Legal 500 US (2014–2016), and Super Lawyers (2006–2015).
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