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Theranos As a Legal Ethics Case Study
Vanderbilt University Law School Scholarship@Vanderbilt Law Vanderbilt Law School Faculty Publications Faculty Scholarship 2021 How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study G. S. Hans Follow this and additional works at: https://scholarship.law.vanderbilt.edu/faculty-publications Part of the Legal Education Commons, and the Legal Ethics and Professional Responsibility Commons DATE DOWNLOADED: Mon May 24 12:25:08 2021 SOURCE: Content Downloaded from HeinOnline Citations: Bluebook 21st ed. G. S. Hans, How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study, 37 GA. St. U. L. REV. 427 (2021). ALWD 6th ed. Hans, G. G., How and why did it go so wrong?: Theranos as a legal ethics case study, 37(2) Ga. St. U. L. Rev. 427 (2021). APA 7th ed. Hans, G. G. (2021). How and why did it go so wrong?: Theranos as legal ethics case study. Georgia State University Law Review, 37(2), 427-470. Chicago 17th ed. G. S. Hans, "How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study," Georgia State University Law Review 37, no. 2 (Winter 2021): 427-470 McGill Guide 9th ed. G S Hans, "How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study" (2021) 37:2 Ga St U L Rev 427. AGLC 4th ed. G S Hans, 'How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study' (2021) 37(2) Georgia State University Law Review 427. MLA 8th ed. -
Downloads/Aib Provincial Wait Times E.Pdf; 18, 2006)
Committee for Economic Development Comm 2000 L Street N.W., Suite 700 A StatementStatement bbyy tthehe Washington, D.C. 20036 RResearchesearch aandnd PPolicyolicy 202-296-5860 Main Number 202-223-0776 Fax CCommitteeommittee ooff tthehe 1-800-676-7353 CCommitteeommittee fforor EEconomicconomic DDevelopmentevelopment www.ced.org A Statement by the Research and Policy Committee of the Committee for Economic Development i Quality, Aff ordable Health Care for All Moving Beyond the Employer-Based Health-Insurance System Includes bibliographic references ISBN #0-87186-187-9 First printing in bound-book form: 2007 Printed in the United States of America COMMITTEE FOR ECONOMIC DEVELOPMENT 2000 L Street, N.W., Suite 700 Washington, D.C., 20036 202-296-5860 www.ced.org Contents Purpose of Th is Statement . xi Executive Summary . 1 I. Introduction. 9 Why Another CED Statement on Health Care?. 9 Is the U.S. Health-Care System Failing? Performance Standards for a Nation’s Health-Care System . 10 Does the American Health-Care System Meet Th ese Standards? . 11 Why Is Employer-Based Health Insurance Declining?. 12 Th e Causes of High and Rising National Health Expenditures . 12 EBI Costs Cause Major Problems for Employers . 14 Employer Responses to Date Have Not Solved the Problem . 15 Buyers Cannot Hold Th eir Health Expenditure to Sustainable Growth Rates. 16 Conclusion . 18 II. Why 35 Years of “Band-Aids” on a Fundamentally Flawed System Did Not Work. 21 Why One Popular Idea – the Consumer-Directed Health Plan – Will Not Work. 24 Consumer Direction . 24 High-Deductible Health Insurance. 24 Why Canada’s “Single-Payer” System or “Medical Care for All” Will Not Solve Our Health-Care Problems. -
A Work Project Presented As Part of the Requirements for the Award of a Master’S Degree In
A Work Project presented as part of the requirements for the Award of a Master’s degree in Finance from the Nova School of Business and Economics. THERANOS: BETTING ON BLOOD DIOGO JESUS NETO Work project carried out under the supervision of: Paulo Pinho 06-01-2020 Abstract Theranos was a Silicon Valley start-up founded by Elizabeth Holmes in 2003. Holmes claimed to have developed a new blood-testing device that had the potential to revolutionize the healthcare industry. She established partnerships with Walgreens and Safeway to make her technology available nationwide. She also secured a prestigious board of directors and an equally impressive investor base that raised over $700 million at a peak valuation of $9 billion. However, an investigation by The Wall Street Journal revealed the company had misled investors and endangered patients’ lives. In 2018, Theranos collapsed after years of battling lawsuits and federal charges. Keywords: Theranos, Corporate Governance, Fundraising, Due Diligence This work used infrastructure and resources funded by Fundação para a Ciência e a Tecnologia (UID/ECO/00124/2013, UID/ECO/00124/2019 and Social Sciences DataLab, Project 22209), POR Lisboa (LISBOA-01-0145-FEDER-007722 and Social Sciences DataLab, Project 22209) and POR Norte (Social Sciences DataLab, Project 22209). 1 Theranos: Betting on Blood “One of the most epic failures in corporate governance in the annals of American capitalism”. - John Carreyrou1 On June 28, 2019, a crowd of journalists awaited Elizabeth Holmes at the door of the San Jose Federal Court in California for a pre-trial hearing2. She was accused of engaging in a multi-million- dollar scheme to defraud investors, doctors, and patients alongside her former partner, Ramesh “Sunny” Balwani. -
Rethinking the Federal Securities Laws
Florida International University College of Law eCollections Faculty Publications Faculty Scholarship 2003 Accountants Make Miserable Policemen: Rethinking the Federal Securities Laws Jerry W. Markham Florida International University College of Law Follow this and additional works at: https://ecollections.law.fiu.edu/faculty_publications Part of the Banking and Finance Law Commons Recommended Citation Jerry W. Markham, Accountants Make Miserable Policemen: Rethinking the Federal Securities Laws, 28 N.C.J. Int'l L. & Com. Reg. 725, 812 (2003). This Article is brought to you for free and open access by the Faculty Scholarship at eCollections. It has been accepted for inclusion in Faculty Publications by an authorized administrator of eCollections. For more information, please contact [email protected]. +(,121/,1( Citation: Jerry W. Markham, Accountants Make Miserable Policemen: Rethinking the Federal Securities Laws, 28 N.C.J. Int'l L. & Com. Reg. 725 (2003) Provided by: FIU College of Law Content downloaded/printed from HeinOnline Tue May 1 11:26:02 2018 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at https://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Use QR Code reader to send PDF to your smartphone or tablet device Accountants Make Miserable Policemen: Rethinking the Federal -
BAD BLOOD John Carreyrou May 21St, 2018
BAD BLOOD John Carreyrou May 21st, 2018 OVERVIEW: In Bad Blood, Wall Street Journal reporter John Carreyrou details his investigation of Theranos, a former unicorn medical device company, exposing the company’s manipulation and outright fraud all seemed to overlook. - - - - - - - - - A UNICORN IS BORN: As Carreyrou describes, Elizabeth Holmes was well known for her fierce determination ingrained from an early age. Even before her teenage years had commenced, she declared her intention that she wanted to be a billionaire someday. Part of this motivation stemmed from her affluent and entrepreneurial family background. Impressed by her creativity and persistent drive, Holmes’ faculty mentor during college at Stanford – Channing Robertson – told her to “go out and pursue her dream.” That required advanced technology, yet Holmes’ scientific background consisted of a year at Stanford and an internship in a medical testing lab. Regardless, she conceived and patented the TheraPatch. Affixed to a patient’s arm, it would take blood painlessly through tiny needles, analyze the sample, and deliver a suitable drug dosage. Through her family connections into the venture capital world, she was able to raise $6 million from investors by the end of 2004, but it soon became clear that developing the patch was not possible. Undeterred, Holmes’ next idea was to have a patient prick a finger and put a drop of blood into a cartridge the size of a credit card though thicker. This would go into a “reader,” where pumps propelled the blood through a filter to hold back the red and white cells. The pumps would then push the remaining liquid plasma into wells where chemical reactions would provide the data to evaluate the sample. -
Biovail Corporation U.S.$300,000,000 6.75% Convertible Subordinated Preferred Equivalent Debentures Due March 31, 2025 (U.S.$50 Principal Amount Per Security)
Prospectus March 17, 2000 Biovail Corporation U.S.$300,000,000 6.75% Convertible Subordinated Preferred Equivalent Debentures due March 31, 2025 (U.S.$50 principal amount per security) The Company: · Interest Deferral Option: we have the right, at any time · We are an international, fully-integrated pharmaceutical and from time to time, to defer payment of interest on company that specializes in the development, the Securities by extending the interest payment period manufacture, marketing and licensing of drugs utilizing up to 20 consecutive quarters. advanced controlled-release, rapid dissolve, enhanced · Conversion Price: U.S.$60.675 per common share (equal absorption and taste masking technologies. to an initial conversion ratio of .8241 common shares per Security, subject to adjustment). · Biovail Corporation 2488 Dunwin Drive · Conversion Right: convertible at any time into our Mississauga, Ontario common shares at the applicable conversion price. Canada L5L 1J9 · Optional Redemption: beginning on March 31, 2003, we (416) 285-6000 may redeem the Securities, in whole or in part, at any time (except during an interest deferral period) at the · NYSE and TSE symbol for our common shares: BVF redemption prices stated herein, plus accrued and unpaid The Offering: interest. · Special Redemption: we may redeem the Securities, in · The Convertible Subordinated Preferred Equivalent whole or in part, at a redemption price of 106.75%, plus Debentures (the ``Securities'') are convertible accrued and unpaid interest, at any time and from time subordinated debentures bearing an interest rate, payable to time (except during an interest deferral period) prior in U.S. dollars, of 6.75% per year. -
The Bleeding Edge: Theranos and the Growing Risk of an Unregulated Private Securities Market
University of Miami Business Law Review Volume 28 Issue 2 Article 8 September 2020 The Bleeding Edge: Theranos and the Growing Risk of an Unregulated Private Securities Market Theodore O'Brien Follow this and additional works at: https://repository.law.miami.edu/umblr Part of the Business Organizations Law Commons, and the Securities Law Commons Recommended Citation Theodore O'Brien, The Bleeding Edge: Theranos and the Growing Risk of an Unregulated Private Securities Market, 28 U. Miami Bus. L. Rev. 404 (2020) Available at: https://repository.law.miami.edu/umblr/vol28/iss2/8 This Comment is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Business Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. The Bleeding Edge: Theranos and the Growing Risk of an Unregulated Private Securities Market Theodore O’Brien* America’s securities laws and regulations, most of which were created in the early twentieth century, are increasingly irrelevant to the most dynamic emerging companies. Today, companies with sufficient investor interest can raise ample capital through private and exempt offerings, all while eschewing the public exchanges and the associated burdens of the initial public offering, public disclosures, and regulatory scrutiny. Airbnb, Inc., for example, quickly tapped private investors for $1 billion in April of 2020,1 adding to the estimated $4.4 billion the company had previously raised.2 The fundamental shift from public to private companies is evidenced by the so-called “unicorns,” the more than 400 private companies valued at more than $1 billion. -
2016.11.02 Crisis Management Infopak KD
® By in-house counsel, for in-house counsel.® InfoPAKSM Crisis Management in Litigation and Investigations: Parallel Proceedings, Competing Stakeholders, and Multiple Venues in a Global Environment Sponsored by: Association of Corporate Counsel Association of Corporate Counsel 1025 Connecticut Avenue, NW, Suite 200 1025 Connecticut Avenue, NW, Suite 200 Washington, DC 20036 USA Washington, DC 20036 USA tel +1 202.293.4103, fax +1 202.293.4701 tel +1 202.293.4103, fax +1 202.293.4701 www.acc.com www.acc.com 2 Crisis Management: in Litigation and Investigations: Parallel Proceedings, Competing Stakeholders, and Multiple Venues in a Global Environment Crisis Management in Litigation and Investigations: Parallel Proceedings, Competing Stakeholders, and Multiple Venues in a Global Environment November 2016 Provided by the Association of Corporate Counsel 1025 Connecticut Avenue, NW, Suite 200 Washington, DC 20036 tel +1 202.293.4103 fax +1 202.293.4107 www.acc.com Corporate crises, by their very nature, can severely disrupt a company and jeopardize its future. Effective management of the crisis is essential to minimizing disruptions to a company’s ongoing operations, protecting its brand and image, and ensuring its overall survival. This InfoPAKSM addresses a wide range of issues that commonly arise when a crisis hits, such as media relations, document preservation requirements, international issues, communications with authorities, public disclosure obligations, and data privacy, employee and human resources considerations. It also offers practical tips to in-house counsel with respect to both preparing for and handling a crisis. The information in this InfoPAKSM should not be construed as legal advice or legal opinion on specific facts, and should not be considered representative of the views of Skadden, Arps, Slate, Meagher & Flom LLP or of ACC or any of its lawyers, unless so stated. -
David Boies, Esq. BOIES, SCHILLER & FLEXNER LLP 333
Case4:11-cv-05236-YGR Document84 Filed07/17/12 Page1 of 26 1 David Boies, Esq. BOIES, SCHILLER & FLEXNER LLP 2 333 Main Street Armonk, N.Y. 10504 3 Telephone: (914) 749-8200 Facsimile: (914) 749-8300 4 Email: [email protected] (admitted pro hac vice) 5 David W. Shapiro, Esq., SBN 219265 6 BOIES, SCHILLER & FLEXNER LLP 1999 Harrison Street, Suite 900 7 Oakland, CA 94612 Telephone: (510) 874-1000 8 Facsimile: (510) 874-1460 Email: [email protected] 9 10 Counsel for Plaintiffs, 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 OAKLAND DIVISION 14 P L L 15 R CASE NO.: CV-11-5236-YGR E N X THERANOS, INC. and ELIZABETH E L F 16 HOLMES, & SECOND AMENDED R E L COMPLAINT AND L I 17 Plaintiffs, H C JURY DEMAND S , S E 18 v. I O B 19 FUISZ PHARMA LLC, RICHARD C. 20 FUISZ, and JOSEPH M. FUISZ, 21 Defendants. 22 23 24 SECOND AMENDED COMPLAINT 25 Plaintiffs Theranos, Inc. (“Theranos”) and Elizabeth Holmes, by and 26 through their undersigned counsel, state, with knowledge of their own acts and 27 status and acts taking place in their presence, and upon information and belief as 28 to all other matters, as follows: 1 ___________________________________________________________________________________________________________________ SECOND AMENDED COMPLAINT AND JURY DEMAND Case No.: CV-11-05236-YGR Case4:11-cv-05236-YGR Document84 Filed07/17/12 Page2 of 26 1 Nature of the Action 2 1. This is an action for damages and equitable relief arising from the 3 wrongful conduct of Defendants Fuisz Pharma LLC, Richard C. -
Contents ‐ Explanatory Notes ‐ Document 1: Letter from Defence
Contents ‐ Explanatory notes ‐ Document 1: Letter from defence solicitor Eddie MacKechnie to Brian Murtagh of the US Department of Justice, 31 May 2000 ‐ Document 2: Letter from Murtagh to MacKechnie, 12 July 2000 ‐ Document 3: Letter from MacKechnie to Murtagh, 25 August 2000 ‐ Document 4: Letter from Murtagh to MacKechnie, 28 August 2000 ‐ Document 5: Letter from MacKechnie to Murtagh, 8 September 2000 ‐ Document 6: Letter from Robert J Eatinger, CIA Office of General Counsel to Murtagh, 12 October 2000 ‐ Document 7: Letter from Eatinger to Richard Fuisz, 13 October 2000 ‐ Document 8: Defence lawyer’s note of Fuisz’s first sworn deposition 6 December 2000 ‐ Document 9 Transcript of Fuisz’s second sworn deposition Explanatory notes Dr Richard Fuisz’s was an international businessman and deep‐cover CIA spy, who worked in the USSR and across the Middle East during the Eighties and Nineties. As well as having a very successful medical technology company, he ran training programmes for the Saudi military, supplied computers with a secret spying capability to the unwitting Soviets (via Raisa Gorbachev) and had a model agency that supplied the first Miss USSR. In May 2000, not long after the start of the Lockerbie trial, the defence lawyers got wind of Fuisz, via an associate of his, Susan Lindauer, who said that he had been based in Syria in 1988 and had irrefutable intelligence that Lockerbie was the work of the PFLP‐GC. Lindauer also said that he was the subject of a gagging order, a breach of which would result in a significant prison sentence. -
Zero: an Investigation Into 9-11 -- Illustrated Screenplay
ZERO: AN INVESTIGATION INTO 9-11 -- ILLUSTRATED SCREENPLAY directed by FRANCO FRACASSI, FRANCESCO TRENTO from an investigation by GIULIETTO CHIESA (Journalist, Member of the European Parliament, Member of the Commission of the European Parliament for Security and Defense), FRANCO FRACASSI, PAOLO JORMI BIANCHI, in collaboration with: SALIM CATRINA, DANIEL HOPSICKER screenplay by GIULIETTO CHIESA (Journalist, Member of the European Parliament, Member of the Commission of the European Parliament for Security and Defense), FRANCO FRACASSI, FRANCESCO TRENTO, in collaboration with PAOLO JORMI BIANCHI produced by THOMAS TORELLI for TPF TELEMACO www.zerofilm.it YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS. [Transcribed from the movie by Tara Carreon] [Woman] I'm on the 83rd floor! ... are you going to be able to get somebody up here? [9/11 Operator] We'll come up for you. [Woman] Well, there's no one here yet, and the floor is completely engulfed. We're on the floor and we can't breathe. And it's very, very, very hot. [9/11 Operator] Okay. [Woman] All I see is smoke ... I'm gonna die, aren't I? [9/11 Operator] No, no, no, no, no. -
How Innovation Works a Bright Future Not All Innovation Is Speeding up the Innovation Famine China’S Innovation Engine Regaining Momentum
Dedication For Felicity Bryan Contents Cover Title Page Dedication Introduction: The Infinite Improbability Drive 1. Energy Of heat, work and light What Watt wrought Thomas Edison and the invention business The ubiquitous turbine Nuclear power and the phenomenon of disinnovation Shale gas surprise The reign of fire 2. Public health Lady Mary’s dangerous obsession Pasteur’s chickens The chlorine gamble that paid off How Pearl and Grace never put a foot wrong Fleming’s luck The pursuit of polio Mud huts and malaria Tobacco and harm reduction 3. Transport The locomotive and its line Turning the screw Internal combustion’s comeback The tragedy and triumph of diesel The Wright stuff International rivalry and the jet engine Innovation in safety and cost 4. Food The tasty tuber How fertilizer fed the world Dwarfing genes from Japan Insect nemesis Gene editing gets crisper Land sparing versus land sharing 5. Low-technology innovation When numbers were new The water trap Crinkly tin conquers the Empire The container that changed trade Was wheeled baggage late? Novelty at the table The rise of the sharing economy 6. Communication and computing The first death of distance The miracle of wireless Who invented the computer? The ever-shrinking transistor The surprise of search engines and social media Machines that learn 7. Prehistoric innovation The first farmers The invention of the dog The (Stone Age) great leap forward The feast made possible by fire The ultimate innovation: life itself 8. Innovation’s essentials Innovation is gradual Innovation is different from invention Innovation is often serendipitous Innovation is recombinant Innovation involves trial and error Innovation is a team sport Innovation is inexorable Innovation’s hype cycle Innovation prefers fragmented governance Innovation increasingly means using fewer resources rather than more 9.