July 11, 2023 11:36 PM
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Expert Analysis
The recent criminal fraud conviction of former Theranos CEO Elizabeth Holmes offers some lessons about the contours of invoking the purported need to protect company trade secrets and what is — and is not — entitled to legitimate protection, say attorneys at Baker McKenzie.
The recent Theranos discovery dispute demonstrates the need for defense counsel to request a clear exculpatory evidence order to identify the investigating agencies early in a criminal case, say Samuel Feldman and Michael Kendall at White & Case.
Whenever there is any prospect of criminal liability in civil litigation — as in the recent cases against Harvey Weinstein and former Theranos executives — it is important for both sides to understand the consequences of a party or key witness choosing to assert Fifth Amendment privilege, says Joshua Robbins at Greenberg Gross.
One piece of conventional wisdom for attorneys representing clients in parallel civil and criminal proceedings is to support motions by the government to stay discovery in the civil action pending resolution of the criminal case. However, we recently found that the orthodox approach isn’t always the right one, say attorneys with Buckley.
The U.S. Securities and Exchange Commission's fiscal 2018 enforcement report, released last week, reveals an active Division of Enforcement focused on cases impacting retail investors as well as actions related to emerging technologies, say attorneys with Debevoise & Plimpton LLP.
June 29, 2023 05:02 PM
Atty For Theranos Exec Joins Seattle's Corr CroninJune 13, 2023 07:21 PM
Holmes Opposes Feds' Post-Prison Victim Payment PlanMay 30, 2023 06:30 PM
Elizabeth Holmes Begins 11-Year Prison Sentence In TexasMay 17, 2023 05:46 PM
Elizabeth Holmes Gets New May 30 Self-Surrender DateMay 16, 2023 09:21 PM
Holmes Ordered To Prison, Hit With $452M RestitutionApril 26, 2023 08:57 PM
Holmes' Prison Date Delayed As 9th Circuit Considers BailApril 18, 2023 11:37 PM
Elizabeth Holmes Fights 'Unjust' Conviction At 9th Circ.April 11, 2023 07:14 PM
Elizabeth Holmes Can't Stay Free During Appeal, Judge RulesApril 7, 2023 04:44 PM
Balwani Can't Dodge Prison Pending Appeal, 9th Circ. SaysMarch 17, 2023 09:56 PM
Holmes Restitution Hearing Draws Autograph-SeekersMarch 15, 2023 09:01 PM
Why Holmes Is Unlikely To Avoid Prison While She AppealsMarch 3, 2023 11:26 PM
Elizabeth Holmes Fights 'Sweeping' $900M Restitution BidFebruary 13, 2023 04:22 PM
Ex-Theranos Exec Balwani Fights Feds' $900M Restitution BidJanuary 30, 2023 11:12 PM
Feds Call Convicted Theranos COO Balwani A 'Flight Risk'January 23, 2023 09:23 PM
Holmes Says Feds' Claims Of Mexico Escape Plans Are FalseJanuary 20, 2023 04:12 PM
Feds Say Elizabeth Holmes' Flight Risk 'Never Been Higher'January 10, 2023 06:39 PM
Pending Appeal, Balwani Asks To Stay Out Of PrisonJanuary 2, 2023 12:03 PM
California Cases To Watch In 2023December 7, 2022 05:43 PM
Ex-Theranos Exec Balwani Gets Nearly 13 Years For Fraud