What Should A GC Do When The Boss Is Mentally Unfit?

Law360 (September 28, 2020, 4:40 PM EDT) -- The upcoming fraud trial of Elizabeth Holmes, former CEO of Theranos Inc., has raised the question for general counsel of when they should alert the board if the boss starts behaving erratically, but the answer might be murky at best.

Holmes' defense lawyers recently revealed that they intend to call a psychologist whose expertise is violence against women to discuss a "mental disease or defect" or some "other mental condition of the defendant bearing on … the issue of guilt."

The Silicon Valley wunderkind is facing multiple felony charges related to allegedly deceiving regulators and investors about new technology that would quickly...

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