Andrew Lemens

Andrew Lemens represented Elizabeth Holmes in late-trial proceedings focused on jury instructions, federal regulatory evidence, and the evidentiary treatment of the CMS report. His activity centered on charge conferences, evidentiary hearings, and pre-argument matters rather than witness examinations.

During the final charge conferences, Lemens explained the defense's proposed language concerning CMS and FDA regulations and addressed whether particular wording was relevant or necessary. The court indicated that portions of the defense proposal might be unnecessary, and Lemens received a further opportunity to present the defense argument and respond.

In proceedings concerning the CMS report, Lemens maintained the defense's broader-context position amid a dispute over whether the material had been admitted without qualification or only for a limited purpose. He suggested that the parties submit competing proposed instructions, later renewed the request for a written instruction, and preserved the defense objection while conditionally accepting the court's proposed procedure.