Skip to content
Elizabeth Holmes- Case Archive
personpersonDavid BoiesDavid BoiesAttorney who served as Theranos counsel and as a member of its board.← All People
AttorneyTheranos

David Boies

Attorney who served as Theranos counsel and as a member of its board.

MentionedFederal Criminal Trial
13 proceedings·13 mentions

About

David Boies appeared in testimony as a Theranos attorney and director involved in board, legal, and intellectual-property discussions. Witnesses described his participation in debates over the company's response to criticism and regulatory validation, and Daniel Mosley testified that Boies gave him a favorable assessment of Theranos's technology while identifying broad rollout as the principal risk before Mosley invested.

Roger Parloff testified that the Boies firm helped direct his reporting toward a profile of Elizabeth Holmes and Theranos and that he interviewed Boies for the article. Erika Cheung described receiving a hand-delivered warning letter from the firm after contact with a journalist; the court admitted the letter to explain her subsequent conduct, not as proof of the matters asserted.

Trial Record (13)

FederalFederal Criminal TrialAug 31, 2021 – Jan 3, 2022

David Boies appeared in testimony as a Theranos attorney and director connected to board deliberations, investor information, media outreach, and the company's legal response to Erika Cheung.

Day 7

Day 10

Day 24

Day 26

Day 27

CrossDaniel Mosley — Cross (Resumed)Daniel MosleyLance A. Wade2highlightsMentioned

Summary

Mosley described investor introductions, continuing diligence, outside validation, and rollout risk while defense counsel tested his regulatory recollection and documented the path to several proposed investments.

Mentioned in this proceeding.

Highlights (2)

testimony highlightMosley testified that David Boies told him before his investment that Theranos's technology was sound and performing well, while identifying large-scale rollout as the principal risk; Mosley said his practice would have been to relay relevant information to clients.Open in transcript →
Quote“TO BE MORE PRECISE, HE SAID THAT HE THOUGHT THE TECHNOLOGY WAS ABSOLUTELY SOUND AND WAS PERFORMING WELL, BUT THERE WOULD ALWAYS BE A QUESTION OF WHETHER IT WOULD PERFORM AT THE SAME LEVEL WHEN IT WAS COMPLETELY ROLLED OUT IN MULTIPLE -- MANY, MANY LOCATIONS.”— Daniel MosleyMosley distinguished the favorable technology assessment he attributed to David Boies from the identified risk of performance at scale.Open in transcript →

Day 32

CrossAlan Eisenman — Cross (Resumed)Alan EisenmanKevin M. DowneyMentioned

Summary

Defense counsel confronted Alan Eisenman with written risk warnings, investment agreements, possible share-sale opportunities, and his contacts with the prosecution. Eisenman acknowledged the documents and market inquiries but maintained that the warnings conflicted with earlier representations, that proposed company offers were not completed, and that he lacked adequate financial information to decide whether to sell.

Mentioned in this proceeding.

Day 35

CrossRoger Parloff — CrossRoger ParloffJohn D. Cline1highlightMentioned

Summary

Parloff described the Fortune profile's origins, research, trade-secret and off-the-record constraints, while the defense played three untranscribed audio excerpts and encountered repeated reporter-privilege assertions.

Mentioned in this proceeding.

Highlights (1)

testimony highlightThe defense established Parloff's extensive legal and journalistic experience, then elicited that interest from David Boies and his firm helped redirect a possible legal-case article toward Theranos and Holmes.Open in transcript →

Day 36

DirectFabrizio Bonanni — DirectFabrizio BonanniKatherine TrefzMentioned

Summary

Bonanni explained the Minilab through demonstratives and described Theranos's 2016 board debates, regulatory strategy, and quality and compliance reforms. He praised Holmes's receptiveness to advice but identified operational focus and regulatory execution as weaknesses; several proposed opinions were excluded.

Mentioned in this proceeding.

Day 38

DirectElizabeth A. Holmes — DirectElizabeth A. HolmesKevin M. DowneyMentioned

Summary

Holmes described Theranos's 4 Series development, Walgreens and Safeway partnerships, clinical validation, FDA disclosures, marketing, investor communications, and financial projections. She admitted adding pharmaceutical logos to Theranos reports and regretted how that was handled, while attributing limited disclosure of modified commercial analyzers to trade-secret advice.

Mentioned in this proceeding.

Day 40

CrossElizabeth A. Holmes — CrossElizabeth A. HolmesRobert S. Leach1highlightMentioned

Summary

Holmes's cross-examination covered Theranos's response to critical reporting and whistleblowers, her control of the company, limits on Theranos devices, and Balwani's influence. She acknowledged major mistakes in the Wall Street Journal response, extensive reliance on commercial equipment, and problems with pharmaceutical-branded reports while disputing retaliation and several prosecutorial characterizations.

Mentioned in this proceeding.

Highlights (1)

admissionHolmes acknowledged that Erika Cheung's concerns were vindicated in a way, said she wished Theranos had treated and listened to Cheung differently, and confirmed that Theranos retained David Boies's firm to serve her with a subpoena. Holmes later said she mishandled the entire Wall Street Journal reporting process.Open in transcript →