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6 Oct, 4 tweets, 2 min read
Fyi - yesterday, Judge Davila kicked @JohnCarreyrou's fight over trial access to Magistrate Judge Nathanael Cousins. As a magistrate, Judge Cousins presides over too many evidentiary and pretrial disputes to count, but he is very good at what he does.
Many moons ago, Judge Cousins presided over fights in this putative shareholder class action against Theranos. law360.com/articles/92780…
In that case, Judge Cousins refused to certify a group of indirect investors alleging securities fraud claims against Theranos, Holmes and Balwani, finding that weaknesses in the proposed class make individual actions preferable. The case later settled. law360.com/articles/10493…
Judge Cousins also presided over a high-stakes pretrial fight over attorney-client privilege with Boies Schiller Flexner LLP in Holmes' criminal case. Experts call the ruling "a cautionary tale" for corporate attys. law360.com/articles/13913…

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More from @doratki

Dorothy Atkins Profile picture
6 Oct
I'm back in court for day 6 and hopefully the final day of ex-Theranos lab director Adam Rosendorff's examination. Judge Ed Davila is on the bench. Former Safeway CEO Steven A. Burd will testify after Rosendorff.
Holmes' counsel Kevin Downey wants Judge Davila to prohibit Burd from testifying that Safeway spent "hundreds of millions of dollars" renovating its stores for Theranos blood tests. Downey says renovations don't legally constitute property or an investment.
Prosecutor Robert Leach says Burd should be able to testify that Safeway spent $300 million "building out" its stores for Theranos testing devices, b/c it's directly relevant to the materiality of Holmes' representations to Safeway.
Read 66 tweets
Dorothy Atkins Profile picture
5 Oct
Hello! I'm in San Jose for day 11 of US v Elizabeth Holmes and day 4 of ex-Theranos lab director Adam Rosendorff's cross-examination. Judge Davila is on the bench, and Holmes' counsel Lance Wade is asking the judge to let him probe Rosendorff on his post-Theranos work.
Wade says Rosendorff is incompetent and was fired from one post-Theranos lab director job after 50k quality control tests failed. Another employer, uBiome was investigated for fraud, he says. Wade: "If he’s incompetent and didn’t do his job that’s exculpatory of Ms. Holmes."
Wade also argues that Rosendorff also lied on his resume and faces career pressure to go along with the government to avoid prosecution in other cases. Judge Davila notes that "this sounds like character evidence."
Read 59 tweets
Dorothy Atkins Profile picture
1 Oct
Happy Friday from San Jose! I'm waiting for day 10 of Holmes' trial to start. No crowds today, but there's a new filing by @JohnCarreyrou who's gotten himself an atty. He's a possible witness and wants the judge to assure him he won't be barred from watching/covering the trial.
Judge Davila is on the bench, jurors are in their seats and ex-Theranos lab director Adam Rosendorff is back on the stand for the third (and hopefully last) day of his cross-examination.
Holmes' counsel Lance Wade begins by picking apart Rosendorff's testimony that Holmes and other execs rejected his request that Theranos use an alternative assessment procedure - or AAP - in its proficiency testing.
Read 31 tweets
Dorothy Atkins Profile picture
29 Sep
Good morning from San Jose! I took a gamble and caught the late train this a.m. based on a hunch that not a lot of folks would show up for Adam Rosendorff's 2nd day of cross in US v Elizabeth Holmes. The gamble paid off - there was no line to get inside the courthouse.
Lance Wade is standing at the podium, reading through his notes. Holmes isn't in the courtroom yet. He said yesterday that he plans to bring up Rosendorff's post-Theranos work at other companies that have been investigated by the feds for alleged lab deficiencies.
Judge Davila is on the bench and ex-Theranos lab director Adam Rosendorff is on the stand. Elizabeth Holmes' attorney Lance Wade kicks off the day asking Rosendorff about Theranos' Dec 2013 inspection by Cali Dept of Public Health, which gives its inspection reports to the feds.
Read 62 tweets
Dorothy Atkins Profile picture
28 Sep
Good morning from San Jose! It’s day 8 of US v Elizabeth Holmes and there’s a relatively short line to get in the courthouse - mostly press. Today prosecutors are expected to wrap direct of ex-Theranos lab director Adam Rosendorff, followed by cross. Standby for live tweets…
Judge Davila is on the bench. He says they received an email from an alternate juror. They're going to bring her in to discuss the "issues she presents." It sounds like she has a job starting next month, and she may be excused.
The judge also notes that trial is going to go until 3-4 today and tomorrow, but will break early - around 1 p.m. - Friday. We're taking a short break to wait for the jury to arrive.
Read 67 tweets
Dorothy Atkins Profile picture
24 Sep
It’s 7:30 a.m. and I’m outside the San Jose courthouse for day 7 of US v Elizabeth Holmes. To my great frustration, there’s a line to get inside today. Maybe they all think Mattis will testify again today or something. (He won’t.)
A couple of folks in business attire who look like law associates just said hi to a defense attorney. One of them told the defense attorney that they’re here to watch, and “break a leg.”
Judge Davila is on the bench to talk with the attorneys about an issue that came up with ex-Theranos lab director Dr. Adam Rosendorff. The DOJ says since Rosendorff left Theranos, a new lab he manages was the subject of a CMS probe and the CMS found deficiencies in that lab.
Read 64 tweets

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