For more than 35 years, Dan has represented clients in complex civil and criminal business litigation, and clients often retain him as appellate counsel in significant civil and criminal matters. His criminal practice frequently overlaps with civil matters. He simultaneously has 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, attorneys general, and other agencies.
Dan’s civil practice covers issues relating to securities, unfair competition, fiduciary and shareholder rights and obligations, and general business litigation. Recent cases have included defense of matters alleging inaccurate financial reporting, fraud and breach of fiduciary duty by public company officers and directors, and deceptive sales practices in the insurance, telecommunications, and food industries.
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, California bankruptcy and in subsequent California Supreme Court proceedings.
Routinely, clients retain Dan as appellate counsel in significant civil and criminal matters. In recent years he has argued issues that include a range of diverse matters such as:
Dan regularly handles pro bono matters. The American Civil Liberties Union (ACLU) and California Lawyer have recognized him for his ongoing commitment to pro bono representation.
Stock Option Backdating Proceedings Involving Former CEO of High-Tech Company(S.D.N.Y.) Lead defense counsel for founder and former CEO of a high-tech company in DOJ and SEC proceedings alleging stock option backdating and improper revenue recognition. Two jury trials resulted in acquittal on six counts and hung jury on remaining count. (2006-2014)
FDIC Litigation(C.D. Cal.) Defense of former officers and directors in pending and threatened litigation by the FDIC, as receiver for various financial institutions that failed during the past few years, alleging breaches of fiduciary duty, gross negligence and other misconduct. (Ongoing)
False Claims Act Litigation(C.D. Cal.) Representation of companies investigated for alleged submission of false claims for payment to government agencies. (Ongoing)
Advertising Practices LitigationRepresentation of manufacturer in consumer class actions, shareholder derivative and securities class actions, and regulatory inquiries concerning marketing and labeling of its products. (Ongoing)
Telephone Consumer Protection Act (TCPA) LitigationRepresentation of numerous companies sued in putative class actions for alleged violation of the TCPA. (Ongoing)
In re Verizon Wireless Data Charges Litigation(D.N.J.) Lead defense counsel in coordinated multi-district litigation of more than 30 putative class actions that challenged charges for data usage by wireless carrier. (2011)
In re Downey Financial Corp. Securities Litigation(C.D. Cal.) On behalf of former officers and directors of Downey Financial Corp. obtained dismissal with prejudice of consolidated securities' class action complaint filed in the Central District of California, alleging misleading disclosures regarding the Company's portfolio of Option ARMs, underwriting practices, and loan loss reserves. (2009)
In re LJ International, Inc. Securities Litigation(C.D. Cal.) Represented LJ International, Inc., a Hong Kong-based jewelry manufacturer, and certain of its officers in a securities class action filed in the Central District of California and two related derivative actions filed in the Superior Court of Los Angeles. One of the derivative actions was dismissed on defendants' motion, and the decision was upheld in the Court of Appeal. Following the Appellate Court’s decision, the other derivative action was dismissed a few months later. The securities class action was settled on favorable terms for our client. (2009)
Economic Espionage Act(D. Mass.) Obtained dismissal of charge that client violated Economic Espionage Act in connection with alleged theft of trade secrets from Harvard Medical School. (2007)
Securities Litigation Involving Medical Device Manufacturer(C.D. Cal.) Defended a medical device manufacturer in proceedings commenced by the DOJ, SEC, and Dept. of Labor and in derivative and securities litigation commenced following public disclosure of inaccurate financial reporting. Negotiated a non-prosecution agreement with the DOJ and a consent decree with the SEC, and settled private litigation on favorable terms. (2004)
United States v. Hitt249 F.3d 1010 (D.C. Cir.); 107 F. Supp. 2d 29 (D.D.C.) Lead defense in trial court, and obtained rare dismissal based on statute of limitations, on behalf of the China program director of McDonnell Douglas, who was charged with criminal conspiracy to violate export laws in connection with the shipment of aircraft machining tools to China. (2000, 2001)
Merrill Lynch Investigation(Orange County Super. Ct.) Represented Merrill Lynch in criminal investigation following Orange County bankruptcy. No charges were filed and the matter was resolved with a civil settlement. Also defended applications for unsealing of grand jury materials following the conclusion of the investigation. (1999)
Mr. Marmalefsky is recommended by Legal 500 US (2014–2018), Best Lawyers in America (2013–2018), and Super Lawyers (2006–2018).
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