Takeaways From Holmes' Unsuccessful Trade Secret Defense
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.
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.