Related Practice Areas • Securities Litigation and Regulatory Enforcement • Commercial Litigation • Alternative Dispute Resolution • International Arbitration • White Collar Criminal Defense and Corporate Investigations
Clerkship • Hon. Jacob Mishler, United States District Court, Eastern District of New York, 1974-75
Education • A.B., Magna Cum Laude, Phi Beta Kappa, Honors, Brown University, 1971 • J.D., Associate Editor, New York University Law Review, New York University School of Law, 1974
Honors • Super Lawyers: Securities Litigation and International, 2007 and 2008
| Richard A. Martin Partner, Litigation Richard A. Martin, a partner in Orrick's New York office, is a member of the Litigation Group. His practice focuses on securities and commercial litigation, as well as arbitration and international and domestic white-collar criminal law. Mr. Martin has been involved in litigation in the state and federal courts of the United States and in Europe for 30 years. His practice has concentrated on international and domestic litigation and arbitration involving securities, accounting and financial services and corporate governance. He also regularly provides advice and assistance in international criminal and civil law matters. From June 1987 to July 1990, Mr. Martin served as Special Representative of the Attorney General, located at the United States Embassy in Rome, Italy. There, he represented the Department of Justice in Europe and handled extradition and mutual assistance matters. In August 1990, Mr. Martin's achievements were recognized when he was named "Commendatore al Merito della Repubblica Italiana", the Italian Legion of Honor. Prior to transferring to Rome, Mr. Martin served as an Assistant United States Attorney for the Southern District of New York, from January 1980 to June 1987. Mr. Martin received numerous commendations for his work in the United States Attorney's Office, including the Distinguished Service Award from the Department of Justice. Representative Engagements Lead counsel for Deloitte & Touche SpA in the Parmalat Securities Litigation Class action (in re Parmalat Securities Litigation, 04 MD 1653), and the related action brought by the receiver of Parmalat, Dr. Enrico Bondi (Bondi v. Grant Thornton International et al., 04 Civ. 9771). Also acts as coordinating counsel for related Italian civil, criminal and administrative proceedings. McBride v. Ernst & Young LLP, No. 02-CV-126, Mem. & Order (E.D.N.Y., Dec. 3, 2003); aff'd, In re Enterprise Mortgage Acceptance Co., LLC, Sec. Litig., 391 F.3d 401 (2d Cir. 2005). Successfully defended Ernst & Young LLP in shareholder class action alleging $1 billion financial fraud, establishing in a case of first impression that Sarbanes-Oxley's statute of limitations is not retroactive. Lead counsel for Ernst & Young LLP in Rosenzweig v. Wang, et al., No. 04-CV-2959 E.D.N.Y. (derivative action arising out of the same alleged fraud). FraternityFund Ltd. v. Beacon Hill Asset Management, LLC, Case No. 03-CV-2387 (S.D.N.Y.); Bullmore et al. v. Ernst & Young et al. Index No. 104314/05 (N.Y.S. Sup. Ct.) Successfully defended Ernst & Young Cayman Islands in hedge fund securities litigation claims in federal action where claims were dismissed. Successfully defended parallel action in New York State Court, where case was dismissed on summary judgment. Cromer Finance, Ltd. v. Berger, 137 F.Supp. 2d 452 (S.D.N.Y. 2001). Lead counsel for Ernst & Young International. Successfully obtained dismissal of all claims by hedge fund purchasers against EYI. Semi-Tech Litigation LLC v. Ting, et al., No. 604664/02 (N.Y.S. Sup. Ct.). Lead counsel to Ernst & Young International in action by note holders claiming $800 million loss. Amorim v. Allen et al., Sup. Ct. Nassau County, aff'd 2d Dept., and Patrick v. Allen et al., (E.D.N.Y.). Lead counsel to defendant Board members against shareholder claims of breach of duty and waste. New York State action dismissed, and dismissal affirmed; federal case pending. Merrill Lynch v. Arelma et al., 00-CV-00595, defense of Philippine Commission on Good Government on foreign sovereign immunity grounds, including various appeals to the Ninth Circuit. In June2008, U.S. Supreme Court reversed the Ninth Circuit and ruled in favor of the Philippine Commission. Sniado v. Bank of Austria et al., 174 F. Supp. 2d 159 (S.D.N.Y. 2001); 02-77012; 378 F.3d 210 (2nd Cir. 2004). Successful defense of Banca Intesa on claim of antitrust violation for alleged fixing of exchange rates in Italy. Certiorari granted, and dismissal affirmed by U.S. Supreme Court. Filanto v. Intershoe, 601546/96; Intershoe, Inc. and Alberto Guarino v. Filanto S.p.A. et al., 1168/00; Filholdings et al. v. Intershoe Inc. 2402/00; Intershoe et al. v Filanto et al., 600351/00. Lead counsel in successful defense of corporate owner against claims seeking to compel sale of shares; defense of corporation against shareholder claims. Valdiso v. Brown-Forman (Kentucky Court of Appeals). Lead counsel at trial and appeal for minority owner of large winery in dispute over corporate control and management. Gemco Ware v. PHXW et al. 96-CV-0839 (S.D.N.Y.). Successfully defended purchaser in merger dispute. International Civil and Arbitration Matters Core Furnace Systems Corp. v. DeAcero S.A. de C.V., 50T 110 00537 03. Representation of Mexican steel manufacturer in AAA arbitration and coordination of parallel patent/trade use claims in Mexico and Italy. Confidential advice to an Italian energy supplier regarding arbitration provisions concerning joint venture with U.S. company in Argentine energy supplier. Confidential advice to Hong Kong supplier in Singapore arbitration case regarding New York law. Representation in AAA proceeding of eyewear manufacturer. Representation in AAA of Italian clothing designer and manufacturer against partner and distributor in the United States.
International Investigations Mr. Martin has conducted internal investigations of several multinational Fortune 500 corporations and presented results to corporate boards, U.S. authorities and committees, Italian law enforcement and legislative committees. He has also represented numerous corporate defendants and individuals investigated by foreign criminal and administrative authorities and in parallel U.S. proceedings, including: Advised J. Paul Getty museum regarding claims seeking forfeiture of antiquities, and claims against curator in criminal action relating to receipt of illegally excavated antiquities. Advised U.S. pharmaceutical manufacturer relating to investigation of sales through compensation to doctors recommending the use of the company's product and claims of "permanent establishment." Defended three U.S. directors named in an asbestos-related prosecution and civil proceedings in Italy. Advised major cigarette distributor regarding claims of tax evasion by Italian authority based on presence of "permanent establishment" in Italy. Advised a large U.S. securities dealer concerning investigation by CONSOB, the Italian equivalent of the SEC. Assisted in defense of major U.S. banking institution in criminal charges against former officer who structured a "usufruct" transaction in Italy, and in related civil claims. Advised several individuals prosecuted in Italy for possession of allegedly stolen artworks, and assisted with defense of civil claims in U.S. courts. Assisted in the defense of management of Italian office of U.S. public relations firm regarding commercial bribery charges. Prior to joining Orrick, Mr. Martin was a partner at Heller Ehrman LLP, where he had served as Managing Partner and Head of Litigation in the New York office. Admitted in New York District of Columbia
Court Admissions Supreme Court of the United States
Memberships Association of the Bar of the City of New York New York State Bar Association District of Columbia Bar International Bar Association Board Member, Volunteers of Legal Services (2004-)
Publications Co-author, "Legal Developments Involving Off-Shore Hedge Funds And Their Valuation Practices," in Securities Litigation: Current Developments & Strategies 65 (NY City Bar CLE Dec. 6, 2007). Co-Author, "The Foreign Corrupt Practices Act: Thirty Years and Still Growing," (December 2007) Co-Author, "Collateral Estoppel & Foreign Parallel Proceedings: The Risks of Preclusion in U.S. ‘Follow-On' Litigation," 40 Rev. Sec. & Comm. Reg. 239 11.21.2007 Co-Author, "Securities Class Actions in a Global Economy: Investor Claims Against Non-U.S. Issuers," 24 Int'l Litig. Q. 7 (Fall 2007). 2007 Co-Author, "The Extraterritorial Reach of United States Anti-Money Laundering Laws," 22 Int'l Litig. Q. (Fall 2006). 2006
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Richard Martin Bio
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