FCPA Compliance Report

Kevin O’Brien on the Elizabeth Holmes Trial

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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 strengths of the defendant's case-in-chief?
  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?


    10. Resources

    Ford O’Brien LLP

    Kevin O’Brien firm profile


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