Analysis

Elizabeth Holmes' Privilege Loss 'A Cautionary Tale,' Attys Say

Law360 (June 9, 2021, 8:14 PM EDT) -- Ex-Theranos CEO Elizabeth Holmes' recent attorney-client privilege loss in a pretrial dispute over her communications with Boies Schiller Flexner LLP serves as "a cautionary tale" to corporate attorneys that the predominant legal standard disfavors executives and that it's incumbent on lawyers to make clear who their clients are, according to legal experts.

A magistrate judge ruled last week that Elizabeth Holmes' communications with Boies Schiller were subject only to corporate privilege, not attorney-client privilege. (AP Photo/Jeff Chiu) Holmes' attorney-client privilege fight is one front in the closely watched criminal case against the founder of the now-defunct Theranos, which raked in hundreds of...

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