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FCPA Compliance Report

Kevin O’Brien on the Elizabeth Holmes Trial

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:

  1. Professional background and current practice.
  2. Why is this trial so significant?
  3. Strength(s) of the prosecution’s case? Did you think the prosecution was successful in its case in chief?
  4. What about the defense case? What did you see as the strength(s) of the defendant’s caesf?
  5. Did the prosecution leave any openings for the defense?
  6. Was Holmes playing the gender, abused spouse card warranted?
  7. Putting Holmes on the stand was and is a huge risk. What are the benefits/downsides?
  8. Does Holmes testimony to date remove or take away the gender/abused spouse defense she pushed pretrial?
  9. Where else can the defense go?

Resources

Ford O’Brien LLP

Kevin O’Brien firm profile

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Daily Compliance News

December 1, 2021 the Low-Level Disgruntled Employee Edition


In today’s edition of Daily Compliance News:

  • What will CFIUS do? (Reuters)
  • Facebook ordered to divest Giphy by UK competition regulator. (TechCrunch)
  • Elizabeth Holmes refers to Theranos whistleblower as “a low-level disgruntled employee”. (WSJ)
  • Ex CFPB boss under consideration to oversee Fed. (Bloomberg)
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Daily Compliance News

September 9, 2021 the Holmes on Trial edition


In today’s edition of Daily Compliance News:

  • MarshMac gets dedicated CCO. (WSJ)
  • Texas anti-abortion law to cost state millions. (Bloomberg)
  • Opening statements in Elizabeth Holmes trial. (WSJ)
  • Silicon Valley culture on trial. (FT)
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Daily Compliance News

August 27, 2021 the Will Holmes Tell a Tale edition


In today’s edition of Daily Compliance News:

  • Will Elizabeth Holmes tell her story at trial? (WSJ)
  • Investigation of an investigation. (WSJ)
  • Capitol police officers sue Trump over insurrection. (NYT)
  • 50 more SPAC lawsuits? (Reuters)
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Daily Compliance News

January 14, 2021, the Belichick’s Day off edition


In today’s edition of Daily Compliance News:

  • What motivated Elizabeth Holmes? (WSJ)
  • Steinmetz denies corruption. (Reuters)
  • Belichick has a day off. (WSJ)
  • Recidivist President Trump impeached (again). (Everywhere)