When Does Company Counsel Also Represent a Company Founder?

January 15, 2021  |  New York Law Journal

When does counsel for a company also represent a senior executive? This important question has come up recently in the government’s prosecution of Theranos founder Elizabeth Holmes. In this article, we address a dispute between the government and Holmes concerning the admissibility at trial of communications between Holmes and outside company counsel. As we explain, the legal standard makes it difficult for the individual to demonstrate a personal attorney-client relationship with company counsel. 

When Does Company Counsel Also Represent a Company Founder? (pdf | 453.17 KB)