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.
These types of attorney-client privilege disputes arise with surprising frequency in corporate investigations, and the issue will continue to be litigated despite evolving case law, according to some white-collar lawyers.
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