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Prosecutors Want to Use Skadden Partner’s Media Statements in Ex-Client’s Retrial

Posted Feb 18, 2010 7:00 AM CDT
By Debra Cassens Weiss

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Richard Marmaro is no longer representing former Brocade CEO Gregory Reyes, but the lawyer’s words may still play a part in the executive’s backdating retrial.

Prosecutors want to introduce press release statements by Marmaro, a partner at Skadden, Arps, Slate, Meagher & Flom, the Recorder reports. Prosecutors have subpoenaed the documents and want testimony from the public relations specialist hired by Marmaro, Michael Sitrick.

Jury selection in the case begins today in San Francisco federal court.

Press releases issued after Reyes’ indictment asserted he did not backdate stock options, the Recorder story says. At trial, Marmaro argued that Reyes did backdate options, but it wasn’t illegal.

If Reyes made statements to Marmaro knowing they would be distributed to the public, attorney-client privilege might be waived, the story says.

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