At Netflix, a star and employees pressure a top executive over Dave Chappelle’s special.

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Erin Woo

So far, Edlin has testified about Holmes’s work habits — she was in the office “all the time,” from early morning to late evening and on weekends — and about how information was kept siloed within Theranos, on instructions from Elizabeth, Christian and Sunny.

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Erin Woo

Edlin was recruited to Theranos by Christian Holmes, who Edlin describes as “one of my closest friends.” He first met Elizabeth Holmes through Christian while Edlin and Christian were at Duke.

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Erin Woo

Daniel Edlin, a former senior project manager at Theranos from 2011 to 2016 who worked directly with Holmes, is on the stand.

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Erin Woo

After a break, we’re back in session. There may be more disruptions coming up to the trial schedule: A juror’s mother-in-law passed away suddenly and she may have to travel to the Midwest, and a friend of Davila’s is critically ill.

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Erin Woo

Redirect is done, and we are back to re-cross. After some back and forth on Dhawan’s assumptions that Theranos employees were doing their jobs, Dhawan has been excused.

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Erin Woo

The government is asking about Lynette Sawyer. Dhawan says he didn’t meet Sawyer and doesn’t know whether she went into the lab or saw the Edison. In general, the government is working to show that Wade’s line of questioning relied on assumptions.

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Erin Woo

We’re through cross and into redirect. Wade’s cross-examination stayed on the same theme: that Theranos had plenty of qualified employees, and Dhawan’s minimal presence in the lab wasn’t a concern.

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Erin Woo

Wade is pointing out that Dhawan, as a part-time employee, delegated his responsibilities to different full-time Theranos employees. “No one was pretending you were there every day,” Wade continued. “You were there as needed, right?”

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Erin Woo

Lance Wade is starting with discussion of Dr. Lynette Sawyer, who also served as a part-time lab director during this time. Dr. Sawyer did not come up during direct yesterday — Wade seems to be arguing that Dhawan didn’t do much because Sawyer was handling more of it.

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Erin Woo

After a juror overslept, we are finally starting testimony in “Our Holmes Matter” in San Jose. We’re starting again with Dr. Sunil Dhawan, who became lab director after Adam Rosendorff left.

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Erin Griffith

Motion to compel is denied, Parloff is not required to turn over his notes. Judge said it doesn’t even have to get into the issue of reporter’s privilege because the defense hasn’t made a strong enough case for it. “It’s a fishing expedition.”

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Erin Woo

We’re wrapping for the day. I’ll be back in the courthouse at 9 a.m. tomorrow when the trial resumes.

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Erin Griffith

Parloff counsel David Korzenik: “The trial is not about Mr. Parloff’s state of mind. It’s not a libel case against his subsequent article in which he corrected his first.” “He can only testify as to what Ms Holmes told him.”

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Erin Woo

Wade is asking about Dhawan’s interactions with Holmes and Balwani. Wade says that Balwani was running the laboratory from an operational standpoint. Dhawan says he can’t comment on that, but his assumption was that he was.

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Erin Woo

With 15 minutes to go today, we’re starting in on cross-examination. Wade (who spent days on the stand cross-examining Rosendorff) is starts by establishing that Dhawan is a highly trained professional.

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Erin Woo

Dhawan says he doesn’t recall ever asking questions or asking a report to be changed. He also signed a document about reporting of critical values without ever seeing a critical value.

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Erin Woo

Rosendorff had signed the documents before Dhawan did. “It gave me some reassurance that there had been some supervision before my time of arrival,” Dhawan testified. Dhawan signed the validation for the Edison without ever seeing it run anything.

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Erin Griffith

Also, “We want to show the information he was pointed to. It doesn’t matter if it turns out to be correct or incorrect.”

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Erin Griffith

Onto the Parloff matter. Cline says the Holmes camp wants to Parloff’s reporting notes in order to show that Parloff “was colored by bias — a desire to blame any errors he made in his initial article on Ms. Holmes rather than” his own errors. Wow.

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Erin Griffith

The magistrate judge grants motion for the exclusion. “He’s testifying as to secondary things. He’s reporting and testifying about something someone else said or did that he covered. He really is akin to an expert witness who has collected information from many sources.” Carreyrou is now allowed to be in the courtroom.

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Erin Woo

The Q.C. manager, Langly Gee, introduced himself to Dhawan in August 2015. He wanted Dhawan there for the CMS audit on 9/22/15. Dhawan said he was there for the audit. Before that, he said he signed “whatever was sent to me.”

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Erin Woo

Dhawan did not go to Theranos every day. He went to Theranos twice. He didn’t interact with patients, physicians or Theranos lab employees. He never dealt with Q.C. He thinks he worked 5-10 total hours from November 2014 to June 2015. For this, Dhawan was getting paid $5,000 a month.

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Erin Griffith

Cline: “I understand this is a hardship for Mr. Carreyrou. He’s not the only one suffering a hardship. Ms. Holmes’s father is a witness. We may call him. He’s having to miss the trial of his daughter.”

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Erin Griffith

Prosecution notes that it already brought a motion to block any arguments that there was coordination between the government and Carreyrou. Says there is no evidence of that and that Judge Davila already agreed to block such arguments.

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Erin Griffith

Will the Holmes camp call Carreyrou as a witness? Holmes lawyer John Cline: “I can’t tell you at this point who we’re going to call as witnesses. We may. We may not put on a case. We may call Ms. Holmes. … I can certainly tell you we may call him.”

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Erin Woo

As expected, we are now calling Dr. Sunil Dhawan, a dermatologist who became Theranos’s lab director after Rosendorff left. After several days on Theranos’s partnerships with other companies (Safeway, Walgreens), we’re now back to internal Theranos workings.

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Erin Woo

After brief re-cross from Downey, Jhaveri is excused.

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Erin Griffith

He adds that any subpoena issued to Carreyrou would be in bad faith or harassing. One example: “Ms. Holmes leading her employees in a chant that says F You, Carreyrou. Obviously I’m abbreviating that.”

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Erin Griffith

Carreyrou lawyer: “We believe he’s being singled out because of his prior reporting and because of the animus Ms. Holmes has for him.” Lawyer also says it’s a matter of First Amendment rights.

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Erin Woo

Schenk is up for redirect. He notes that the patient experience surveys were before they got their test results, so if they, for example, were told they were not pregnant but were in fact pregnant, that would affect their experience but wouldn’t be counted in survey results.

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Erin Griffith

Judge: “I’ve not been following Mr. Carreyrou’s podcast, but as I understand it he’s been able to report on what’s going on and comment on what’s going on.” Judge asks what’s the problem?

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Erin Griffith

On the Carreyrou matter, the magistrate judge suggested that he be categorized as an expert witness, “a pragmatic solution,” he said. Holmes side said (understandably?) that that doesn’t make a lot of sense.

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Erin Griffith

Defense has tried to compel Parloff to release his notes. Some of them (old emails) no longer exist. But others would involve forcing him to turn over notes and sourcing, etc. He already provided some recordings of interviews to both sides but is fighting the subpoena for notes.

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Erin Griffith

They’re also going to be dealing with the motions involving Roger Parloff, who wrote a Fortune cover story that is literally being discussed in trial at this moment.

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Erin Griffith

While testimony is happening, there is also a separate Zoom hearing now with a magistrate judge, Nathanael Cousins, over whether the journalist John Carreyrou will be allowed in the courtroom.

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Erin Woo

Looking at a January 2015 patient experience survey summary. Patients rated the overall experience as 4.81/5 — more support for Downey’s line of argument here.

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Erin Woo

In general, Downey seems to be taking a very reasonable, friendly tone with this cross-examination (in contrast, for example, with the way Wade started off cross with…

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