In this episode of the FCPA Compliance Report, I visit with Kevin O’Brien, partner at Ford O’Brien in NYC. Kevin is a long-time white-collar defense lawyer and former AUSA in the Eastern District of New York. We take a deep dive into the Elizabeth Holmes trial, critiquing both the prosecution and defense. Highlights of this podcast include:
- Professional background and current practice.
- Why is this trial so significant?
- Strength(s) of the prosecution’s case? Did you think the prosecution was successful in its case in chief?
- What about the defense case? What did you see as the strength(s) of the defendant’s caesf?
- Did the prosecution leave any openings for the defense?
- Was Holmes playing the gender, abused spouse card warranted?
- Putting Holmes on the stand was and is a huge risk. What are the benefits/downsides?
- Does Holmes testimony to date remove or take away the gender/abused spouse defense she pushed pretrial?
- Where else can the defense go?
Kevin O’Brien firm profile