Richard Marmaro is the head of Skadden’s West Coast SEC enforcement and white collar defense practice and has offices in Los Angeles and San Francisco. Mr. Marmaro is a fellow of the American College of Trial Lawyers, as well as the International Academy of Trial Lawyers. Mr. Marmaro has been called the “go to” white collar lawyer by the Daily Journal, and for the past seven years that publication has recognized him as one of the “Top 100” attorneys in California. The Daily Journal also has recognized Mr. Marmaro as one of the leading white collar and SEC enforcement defense attorneys in California and the Los Angeles Business Journal has included him on their list of “Who’s Who in L.A. Law.” In addition, Mr. Marmaro consistently is recognized as a “leading lawyer” by Chambers USA: America’s Leading Lawyers for Business, and repeatedly he has been selected for inclusion in The Best Lawyers in America. Recently, Mr. Marmaro was named “Litigator of the Week” by The AmLaw Litigation Daily, and “Lawyer of the Year” by The Recorder.

For almost 30 years, Mr. Marmaro has successfully defended individuals and corporations, both nationally and internationally, in all phases of complex civil, criminal and regulatory matters, including those involving allegations of insider trading, accounting and disclosure irregularities, stock options backdating, market manipulation, financial frauds and wrongful termination. Mr. Marmaro has tried many cases in federal and state courts around the country, and he has conducted numerous internal corporate investigations for Fortune 500 companies, involving allegations of stock options backdating, insider trading, tax violations and corporate opportunity issues. Mr. Marmaro has represented clients in their most formidable and difficult lawsuits and investigations, including the following:

• successfully defended William J. Ruehle, the former CFO of Broadcom, in the largest stock options backdating case brought by the federal government. In what can only be described as an extraordinary result, after a jury trial lasting nearly two months, Judge Cormac J. Carney of the Central District of California dismissed the indictment against Mr. Ruehle, dismissed the stock options backdating indictment against Broadcom co-founder, Henry T. Nicholas, withdrew Broadcom co-founder Henry Samueli’s guilty plea and dismissed the case against him, and dismissed the pending SEC case against Mr. Ruehle, Drs. Nicholas and Samueli, and David Dull, the former general counsel of Broadcom;

• represented Greg Reyes, the former CEO and chairman of Brocade in criminal, SEC and civil litigation in the first stock options backdating case to go to trial. A new trial is pending following the Ninth Circuit’s unanimous reversal of Mr. Reyes’ conviction based on prosecutorial misconduct during Mr. Reyes’ first trial;

• co-lead counsel in the successful defense of the former CEO and chairman of Columbia Savings & Loan who was acquitted on all 45 criminal counts following a two-month jury trial;

• successfully defended the former CEO of Gateway in an SEC enforcement action where Mr. Marmaro prevailed at summary judgment; and

• represented executives of several leading corporations in SEC enforcement matters, including Critical Path (defense of former CEO); Gemstar-TV Guide (defense of former CFO of TV Guide); Peregrine Systems (defense of former controller); and Netopia (defense of former VP of sales). In addition, Mr. Marmaro routinely is retained by broker-dealers in connection with criminal and regulatory investigations by the DOJ, SEC, FINRA and the New York attorney general. Recent representations have involved IPO allocations, market timing and revenue recognition issues.

Mr. Marmaro also has represented audit and special committees of public companies in connection with internal investigations into various allegations.

Mr. Marmaro has appeared on CNN, KNBC and CNBC as an “expert commentator” on SEC enforcement and white collar criminal issues. He is quoted frequently in such publications as The New York Times, The Wall Street Journal, Los Angeles Times, Washington Post, USA Today and Fortune magazine on issues relating to white collar criminal defense and SEC enforcement. He also is a frequent speaker at conferences and bar groups on trial techniques and defending SEC and white collar cases.

Mr. Marmaro has been on the faculty of the Attorney General’s Advocacy Institute at the U.S. Department of Justice, where he participated in training assistant U.S. attorneys from around the country. In addition, he has served as the president of the Los Angeles Chapter of the Federal Bar Association. He has served as the co-chairman of the Central District’s Attorneys Delegation to the Ninth Circuit Judicial Conference and as the co-chairman of the Trial Practice Committee of the ABA’s Litigation Section. Mr. Marmaro also has taught civil trial practice at Southwestern Law School.

Prior to entering private practice in 1984, Mr. Marmaro served as a law clerk to a federal judge in the Southern District of New York and as an assistant United States attorney in the Central District of California, where he was an assistant chief of the Criminal Division. As a federal prosecutor, Mr. Marmaro conducted and supervised numerous grand jury investigations and successfully prosecuted many individuals and companies on business-related crimes, as well as successfully argued numerous appeals before the Ninth Circuit Court of Appeals.