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Mattis Doubted Theranos 'Transparency,' Holmes Jury Hears

By Dorothy Atkins

Former defense secretary and onetime Theranos board member James Mattis testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud jury trial Wednesday that he concluded the company had "transparency issues" after learning from news reports that it was performing some blood tests on non-Theranos equipment.

Theranos Test Wrongly Suggested Miscarriage, Jury Hears

By Dorothy Atkins

An Arizona patient and a nurse practitioner testified in former Theranos CEO Elizabeth Holmes' criminal fraud trial Tuesday that they didn't trust the startup's tests after the patient received at least one inaccurate hormone result that erroneously suggested she'd had a miscarriage.

Holmes Rushed Device Testing For Walgreens Deal, Jury Told

By Dorothy Atkins

A former Theranos team manager testified in ex-CEO Elizabeth Holmes' criminal fraud trial Friday that she quit after concluding Holmes was rushing the deployment of its Edison devices to fulfill the company's new deal with Walgreens, saying Holmes pressured her team to validate Edison blood tests despite known problems with the device.

David Boies Threatened Theranos Whistleblower, Jury Told

By Dorothy Atkins

A former Theranos lab technician who filed a whistleblower complaint against the startup testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Wednesday that she quit after her managers ignored her concerns with the accuracy of Theranos' blood tests, and said Theranos' then-counsel David Boies subsequently threatened to sue her.

Holmes Fan's #MeToo Callout To Jurors Draws Judge's Ire

By Dorothy Atkins

U.S. District Judge Edward Davila admonished attendees of Elizabeth Holmes' fraud trial Tuesday not to interfere with jurors after a Holmes fan outside the courthouse shouted "Don't forget the #MeToo movement," kicking off a day of testimony by Theranos' former controller that highlighted how its debt ballooned while investors heard bullish revenue projections.

Balwani's Counsel Can't Reserve Seats To Watch Holmes Trial

By Dorothy Atkins

A California federal judge on Monday denied ex-Theranos executive Ramesh "Sunny" Balwani's request for two reserved seats in the courtroom for his attorneys to watch former Theranos CEO Elizabeth Holmes' monthslong criminal fraud trial.


Expert Analysis

Theranos Offers Defense Lessons For Multi-Agency Probes

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.

5th Amendment Strategy For Parallel Civil, Criminal Litigation

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.

It May Help To Oppose Discovery Stay In Parallel Proceedings

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.

A Strong Year For SEC Enforcement

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.

The D&O Policy Implications Of SEC's Theranos Probe

The directors and officers insurance marketplace is built around a basic premise that private companies generally do not have liability exposures under the securities laws. With the advent of the U.S. Securities and Exchange Commission's investigation into high-flying startup Theranos — and the possibility of similar probes into other private companies — a number of D&O policy terms and conditions may need to be reviewed, says Kevin LaCroix of RT ProExec.

MORE COVERAGE

September 9, 2021 07:20 PM

Elizabeth Holmes' Fraud Trial Delayed Over Virus Concerns

September 8, 2021 02:58 PM

Holmes' Fraud Trial Openings Draw Crowds, Look-Alikes

September 7, 2021 09:51 PM

From Boies To Mattis, Theranos Trial Promises VIP Witnesses

September 3, 2021 07:12 PM

Pro Say: Blood Feud — The U.S. v. Elizabeth Holmes

September 2, 2021 07:11 PM

Calif. Jury Empaneled In Trial Of Ex-Theranos CEO Holmes

September 1, 2021 10:14 PM

Holmes Trial Jury Pool Narrowed For Final Day Of Selection

August 31, 2021 11:09 PM

Anti-Holmes Bias, Abuse Focus In 1st Day Of Jury Selection

August 30, 2021 12:11 AM

Holmes' Mental State Key To Fraud Defense, Legal Pros Say

August 28, 2021 02:53 PM

Holmes' Health Docs Allege Balwani Abused, Controlled Her

August 27, 2021 09:37 PM

US v. Elizabeth Holmes: The Case Against Theranos' Ex-CEO

August 27, 2021 03:35 PM

Ex-Theranos CEO Elizabeth Holmes' Top 5 Pretrial Battles

August 26, 2021 09:11 PM

Elizabeth Holmes Mental Health Docs May Be Unsealed Soon

August 25, 2021 07:10 PM

Theranos Judge Cuts Potential Jurors For Anti-Holmes Bias

August 20, 2021 09:54 PM

Holmes Can't Stop Ex-Theranos Lab Director From Testifying

August 16, 2021 07:25 PM

Ex-Theranos CEO Holmes Wants To Go Maskless During Trial

August 10, 2021 04:56 PM

Ex-Theranos CEO Must Unseal Mental Health Docs

August 6, 2021 07:13 PM

Holmes Wants Ex-Theranos Lab Director Excluded From Trial

August 4, 2021 10:07 PM

WilmerHale Attys Helped Lose Theranos Data, Judge Says

August 2, 2021 04:40 PM

WSJ Publisher Asks To Unseal Elizabeth Holmes Docs

July 7, 2021 07:56 PM

Theranos Judge Mulls WilmerHale's Role In Losing Key Data
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