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ARE YOU MY LAWYER? - Prosecutors in the federal fraud case against Elizabeth Holmes claim that more than a dozen communications between Holmes and Boies Schiller Flexner are not covered by the attorney-client privilege because the firm didn’t represent the Theranos founder personally and the company has waived its privileges. But Holmes’ attorneys claim her “unique” relationship with the firm means those communications are protected. So what’s the deal? Ashwin Ram, of Steptoe & Johnson LLP’s Los Angeles office, told Law.com’s Alaina Lancaster that it’s easy for attorneys to lose sight of the fundamentals given the sheer volume of interviews that take place during a corporate investigation. “Even if an attorney gives the Upjohn warning in that first interview with the company, agent or executives, what about the next 100 times they talk?” he said. “Is the attorney really expected to keep repeating that, ‘Hey, I’m not representing you. I’m representing the company’? No, and realistically, that doesn’t happen. So that’s I think where you could get into a gray area.”
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