IN BRIEF: Theranos Holmes really doesnt want jurors seeing Boies emails – Reuters
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(Reuters) – Theranos founder Elizabeth Holmes has renewed her bid to keep communications between her and her company’s former law firm, Boies Schiller Flexner, out of her upcoming fraud trial, saying they are shielded by attorney-client privilege.
In an objection filed Thursday in San Francisco federal court, Holmes’ lawyers, including Lance Wade and Kevin Downey of Williams & Connolly, asked U.S. District Judge Edward Davila to overrule a magistrate judge’s finding earlier this month that the communications were fair game because Boies Schiller represented the company, not Holmes.
“The objective fact that Ms. Holmes was a Boies Schiller client is irrefutable, as evidenced by the firm’s appearance as counsel of record on her behalf in multiple legal proceedings,” they said.
Prosecutors say that Holmes and former Theranos chief operating officer Ramesh “Sunny” Balwani defrauded investors and customers by falsely claiming to have developed technology that could run a wide range of tests on a single drop of blood. The defendants have pleaded not guilty.
Holmes has repeatedly sought to exclude communications with Boies Schiller on attorney-client privilege grounds. The disputed materials include communications between Theranos personnel, including Holmes, and the firm, but none exclusively between Holmes and the firm, according to court documents.
Before its collapse, Theranos was valued at $9 billion and made Holmes, a Stanford University dropout who founded the company in 2003 at age 19, a Silicon Valley star.
The case is U.S. v. Holmes, U.S. District Court, Northern District of California, No. 18-cr-00258.
For the government: Assistant U.S. Attorney Jeff Schenk
For Holmes: Lance Wade and Kevin Downey of Williams & Connolly