Diederich Quoted on Attorney-Client Privilege Dispute in Elizabeth Holmes’ Criminal Fraud Case

The Recorder

Partner Adam Diederich was quoted addressing an attorney-client privilege dispute involving Elizabeth Holmes, founder of Theranos, in Holmes’ criminal fraud trial set to begin August 31.

Holmes attempted to prevent the prosecution from using as evidence certain communications between Holmes and attorneys from Boies Schiller Flexner. The Court recently ordered Holmes to disclose those communications to the prosecution, concluding that the attorneys represented only represented Theranos – not Holmes in her personal capacity.

“It’s pretty clear something fell through the cracks, but it’s not directly known exactly what happened here,” Adam said. “So I think most law firms and lawyers who are aware of this are going to be more careful, with this in mind, to document the scope of the relationship.”

Adam has written extensively about attorney-client privilege issues for our Solving Disputes series, and he identifies steps that companies and their stakeholders can take to help ensure certain communications remain protected.

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