Kevin Spacey was ordered to pay $31 million to the ‘House of Cards’ studio after sexual harassment allegations.

ImageA promotion for the Netflix show “House of Cards” featuring Kevin Spacey in 2016. Netflix and the studio behind the show fired Mr. Spacey after he was accused of sexual harassment.
Credit…Jim Wilson/The New York Times

An arbitrator ruled last year that Kevin Spacey and his production companies owe MRC, the studio behind the Netflix series “House of Cards,” nearly $31 million for breach of contract following numerous sexual harassment allegations against the actor.

The secret arbitrator’s ruling, which was issued 13 months ago, was made public on Monday when lawyers for MRC petitioned a California court to confirm the award.

Mr. Spacey was once the centerpiece of the hit Netflix series, which ran for six seasons between 2013 and 2018. Mr. Spacey played the main character, the conniving politician Frank Underwood, and served as an executive producer of the series.

While the sixth and final season was being filmed in 2017, the actor Anthony Rapp accused Mr. Spacey of making a sexual advance toward him in 1986, when Mr. Rapp was 14. MRC and Netflix suspended production on the series while they investigated.

Mr. Rapp’s public accusation came just weeks after The New York Times and The New Yorker published articles about the producer Harvey Weinstein and as the #MeToo movement was gaining steam.

By December 2017, after further allegations were made against Mr. Spacey, including by crew members of “House of Cards,” MRC and Netflix fired the actor from the show.

In the arbitration, MRC argued that Mr. Spacey’s behavior caused the studio to lose millions of dollars because it had already spent time and money in developing, writing and shooting the final season. It also said it brought in less revenue because the season had to be shortened to eight episodes from the 13 because Mr. Spacey’s character was written out.

The arbitrator apparently agreed, issuing a reward of nearly $31 million, including compensatory damages and lawyers’ fees.

A lawyer for Mr. Spacey declined to comment.

In a statement, MRC said, “The safety of our employees, sets and work environments is of paramount importance to MRC and why we set out to push for accountability.”

Credit…Emma Howells for The New York Times

Former President Barack Obama’s private foundation announced on Monday that it had been promised $100 million from the Amazon founder Jeff Bezos.

The gift, the largest yet for the Obama Foundation, was one in a series of splashy donations in recent months by Mr. Bezos, one of the world’s richest people. Last week, Mr. Bezos announced $96.2 million in grants to groups working to end family homelessness.

Since stepping down as the chief executive of Amazon in July, Mr. Bezos has significantly raised his profile as a philanthropist, in addition to traveling to space on a ship made by his rocket company, Blue Origin.

In return for the donation, Mr. Bezos asked that a plaza at the Obama Presidential Center be named for the civil rights leader John Lewis, who died last year. The center, being built in Chicago, will include a library, a museum, an athletic center and more.

“Freedom fighters deserve a special place in the pantheon of heroes, and I can’t think of a more fitting person to honor with this gift than John Lewis, a great American leader and a man of extraordinary decency and courage,” Mr. Bezos said in a statement released by the Obama Foundation. “I’m thrilled to support President and Mrs. Obama and their foundation in its mission to train and inspire tomorrow’s leaders.”

It was neither Mr. Bezos’ biggest gift in recent months nor his first brush with Mr. Obama’s orbit thanks to his philanthropy. In September, Mr. Bezos, standing alongside John Kerry, Mr. Obama’s former secretary of state, pledged $1 billion through his Bezos Earth Fund for conservation, out of $10 billion he has promised to the fund.

Though Mr. Obama is out of office, he remains an important member of the Democratic Party establishment. The Obama Foundation’s previous president, Adewale Adeyemo, was a member of Mr. Obama’s National Security Council and is now the deputy Treasury secretary.

The Obama Foundation had been reaching out to administration alumni as part of its fund-raising efforts. Jay Carney, a former press secretary for Mr. Obama who is now Amazon’s top lobbying and communications executive, first raised the possibility of a donation with Mr. Bezos, according to the foundation. Mr. Obama and Mr. Bezos spoke several times about the donation and it was Mr. Bezos’ idea to name the plaza for Mr. Lewis.

News of the gift was reported earlier by the online media company Puck.

“We intend to use Jeff’s gift to help support all of our programs,” said Valerie Jarrett, a former senior adviser to Mr. Obama who is now chief executive of the foundation. “It will certainly pay for the plaza, and we’ll have funds also available for our endowment, which will allow the programs to go on in perpetuity.”

The foundation has a global leaders program with fellows in Asia, Europe and Africa, as well as programs aimed at addressing the opportunity gaps for girls and young men of color in the United States.

In 2020, the foundation received $171 million in contributions and grants and ended the year with $564 million in total assets, according to its most recent tax filing. Construction began on the center in August and the formal groundbreaking ceremony was held in September, and the foundation has raised enough money to pay for it.

Credit…Mustafa Hussain for The New York Times

Mr. Bezos has faced some criticism in recent years over the perceived slow pace of his giving in contrast to his enormous wealth. Forbes pegged his net worth at about $207 billion on Monday, second only to the $300 billion fortune of Elon Musk, the chief executive of Tesla and SpaceX.

In particular, Mr. Bezos’ gifts have at times looked small compared with the more than $8 billion in grants that his ex-wife, MacKenzie Scott, has announced in just 11 months. Ms. Scott has been praised not only for the size of her gifts but the way she has given the money, with few strings attached.

Unrestricted gifts, as they are known, give organizations far more flexibility than those tied to specific programs, which often leave nonprofits starved for funds essential to running their general operations. Mr. Bezos’ $100 million gift to the Obama Foundation was also unrestricted.

The donation was the same amount he gave in April 2020 to the food-bank network Feeding America for its Covid-19 response fund. At a news conference after his trip into space, Mr. Bezos announced that he had created a prize for “civility and courage” and was awarding $100 million each to the CNN political commentator Van Jones and the chef and restaurateur José Andrés to pass on to charitable causes of their choosing.

He also gave $200 million to the Smithsonian Institution’s National Air and Space Museum in a gift announced in July.

At least as far back as the robber baron era of the late 19th century, philanthropy has been both a means of using great wealth to help the less fortunate and a way for the extremely wealthy to burnish their reputations once they have finished their climbs to the top.

Mr. Bezos remains the executive chairman of Amazon, which has been broadly criticized for its labor practices. Amazon settled charges earlier this year from the National Labor Relations Board that the company had illegally retaliated against two prominent internal critics. The company defeated a union drive at an Amazon warehouse outside Birmingham, Ala., in August, prevailing in the largest and most viable labor threat in the company’s history, but faces the prospect of a new vote because of some of its tactics during the election.

Mr. Bezos created Amazon’s employment model of burning through its hourly work force, which had roughly 150 percent annual turnover even before the pandemic, The New York Times reported earlier this year.

“President Obama is strongly supportive of unions, and appreciates the fact that Jeff is being philanthropic and helping not just us but many other organizations do what they couldn’t do but for his generosity,” Ms. Jarrett said.

Before Mr. Bezos’ gift, the largest donations to the foundation were three gifts of $50 million each from Mark Walter, the chief executive of Guggenheim Partners; Glenn Hutchins, a founder of Silver Lake Partners; and Connie Ballmer, the philanthropist and wife of Steve Ballmer, the former Microsoft chief executive. Mr. Hutchins and Ms. Ballmer also serve on the foundation’s board.

According to the foundation’s most recent tax filing, the museum “will document the history of President and Mrs. Obama and the Obama administration, frame these narratives in a broader historical context and with an emphasis on civic discourse, and connect these stories to the movements and milestones that have helped to shape the nation and the world over time.”

Karen Weise contributed reporting.

Stocks closed down on Monday, as a late-day slide undid early gains that followed President Biden’s decision to renominate renominated Jerome H. Powell for another four-year term as chair of the Federal Reserve.

The announcement that Mr. Powell would remain at the helm of the central bank — whose monetary policy has been a key driver of the market’s remarkable run over the past two years — had appeared to comfort investors for much of the day, as the S&P 500 briefly touched record levels.

“The announcement of Powell’s renomination ensures continuity in the stance on policy,” Ellen Zentner, the chief U.S. economist at Morgan Stanley, wrote in a note to clients.

But yields on government bonds ticked higher as the day went on, driven in part by expectations that a Fed led by Mr. Powell will ultimately respond to higher inflation by more aggressively raising interest rates.

The rising yields eventually turned what had been a rally into a sudden sell-off. After being up nearly 1 percent in early trading, the S&P 500 closed down 0.3 percent.

Technology shares with high prices compared with the profits the companies are expected to earn over the next year — which are especially sensitive to movements in interest rates — got clobbered. The cloud technology providers Zscaler, Datadog and Fastly fell more than 6 percent.

Tech giants including Amazon and Alphabet — two companies with valuations well over $1 trillion that have significant sway in market indexes — were hit hard, helping push the tech-heavy Nasdaq composite down 1.3 percent. Amazon was down 2.8 percent and Alphabet, Google’s parent company, was down more than 1.5 percent.

Technology stocks are especially sensitive to rises in long-term Treasury bond yields, which move opposite bond prices. Those higher (and nearly guaranteed) returns on government debt offer an attractive option to investors, siphoning money out of the stock market — which is exactly what happened after Monday’s announcement.

Yields on the two-year Treasury note, which had been hovering around 0.52 percent before the announcement, climbed to 0.63 percent. The yield on the five-year Treasury bill, which captures market expectations for how the Fed’s monetary policy will evolve over the next few years, rose to 1.33 percent.

Government bond yields — which essentially act as the foundation for interest rates charged on new car loans, mortgages, multibillion-dollar Wall Street bond offerings and more — are heavily influenced by market expectations about what the Federal Reserve will do with monetary policy. The probability of a rate increase at the Fed’s June 2022 meeting, derived from prices in the Fed funds futures market, jumped to nearly 80 percent on Monday, up from roughly 67 percent at the end of last week.

The rising yields suggested that at least some investors had been betting that Lael Brainard, a Fed governor whom Mr. Biden will promote to vice chair, could instead have been chosen to lead the central bank. Many progressive groups had championed her to replace Mr. Powell.

Instead of tech shares, investors flocked to companies who appeared poised to benefit from a near-term uptick in economic activity.

Ford and General Motors pushed higher, rising 5.6 percent and about 3.7 percent, after the companies announced plans last week that would help them ensure greater control over the supply of microchips, shortages of which have hampered production. Steel makers Nucor and U.S. Steel, key suppliers of steel for car building, rose 6 percent and 4.3 percent.

Other industrial stocks, and shares of companies poised to benefit from the infrastructure bill that Mr. Biden recently signed into law, posted strong gains on Monday. Encore Wire, which makes copper electrical wiring for homes and businesses, rose more than 1.8 percent. Terex, which makes equipment used for handling construction materials like stone and asphalt, was up 2.4 percent.

Energy shares, sensitive to an uptick in economic demand for fuel, were the best performing part of the stock market, rising nearly 1.8 percent. Benchmark prices for U.S. crude oil rose 65 cents or 0.9 percent to $76.75 a barrel.

Credit…Netflix

In an effort to ramp up its visual effects capabilities around the world, Netflix announced Monday that it was acquiring Scanline VFX, a German company that is advancing efforts in virtual production.

Scanline has worked with the streaming service on “Cowboy Bebop,” the third season of “Stranger Things” and upcoming projects like “The Gray Man” with Ryan Gosling and Chris Evans, “The Adam Project” featuring Ryan Reynolds and Adam McKay’s “Don’t Look Up.”

Terms of the deal were not disclosed, but Scanline will continue to operate independently and will still work on projects outside Netflix. It has previously done work on TV shows like “Game of Thrones” and movies like “Godzilla vs. Kong.” The deal is expected to close in the first quarter of 2022.

Scanline VFX was founded in 1989 by Stephan Trojansky and has more than 1,000 employees with offices in seven locations around the world, including South Korea, Canada, England and the United States.

Netflix “will invest in Scanline’s pipeline, infrastructure and work force and continue to support the pioneering work that Scanline’s Eyeline Studios is doing in virtual production to push the boundaries of what is visibly possible,” Amy Reinhard, Netflix’s vice president of studio operations, wrote in a blog post.

Virtual production, which relies on walls of LED screens to show a virtual location is becoming more of a mainstay for studios. Disney’s “The Mandalorian” is perhaps the most prominent example. The imagery on the screen can match the camera’s viewpoint in real time and provide lighting for the physical set.

Netflix has become more acquisitive in recent months. It announced in September that it would spend more than $700 million to purchase the Roald Dahl Story Company. It also disclosed that month that it intended to purchase its first game studio — Night School Studio — to further its efforts around video games.

Alden Global Capital, the New York hedge fund that bought Tribune Publishing this year, said on Monday that it was making an offer for another big American newspaper chain, Lee Enterprises, the publisher of 90 daily newspapers including The Buffalo News, The Richmond Times-Dispatch and The Omaha World-Herald.

In a letter to Lee Enterprises’ board of directors, Alden proposed a cash purchase at $24 a share, about 30 percent more than the company’s closing share price on Friday of $18.49. The deal values the company at about $141 million.

A number of the papers in the Lee Enterprises stable were once the property of the billionaire Warren E. Buffett, who soured on the business in recent years and said most newspapers were “toast.” Lee Enterprises managed the 31 daily newspapers and dozens of weeklies owned by Mr. Buffett for a time before he sold them to that company in 2020 for $140 million.

Alden, which owns roughly 200 publications through its MediaNews Group subsidiary, bought a 6 percent stake in Lee Enterprises in 2020. In its letter to the Lee Enterprises board on Monday, Alden said that, if it became the owner, the chain “would be in a stronger position to maximize its resources and realize strategic value that enhances its operations and supports its employees in their important work serving local communities.”

After years of steadily buying up newspapers across the country, Alden has become a force in the newspaper industry, second only to Gannett, the publisher of USA Today and more than 260 other dailies. Journalists have denounced Alden’s practice of slashing costs at the publications it owns, often through layoffs. Alden says it has saved many papers from going out of business.

In May, Alden bought Tribune Publishing, the chain that includes The Chicago Tribune and The Daily News in New York, in a deal valued at $633 million.

Lee Enterprises was founded in 1890 and owns newspapers across 26 states, according to its website. A spokesman for the company did not immediately respond to a request for comment.

Athenahealth, a health care software company, said on Monday that it would be sold to the investment firms Hellman & Friedman and Bain Capital for $17 billion, making it one of the biggest leveraged buyouts in a year full of them.

It also opens a new chapter for Athenahealth, whose founder, a member of the Bush political family, was forced out after accusations of domestic abuse and inappropriate workplace behavior came to light during a takeover battle with the hedge fund Elliott Management.

Athenahealth’s sale is the latest example of private equity firms taking advantage of favorable conditions, including low interest rates that let them borrow money cheaply, to strike huge deals. (In June, Hellman & Friedman was part of another sizable health care takeover, the $30 billion buyout of Medline Industries.) Globally, investment firms, which are sitting on nearly $2 trillion in capital yet to be deployed, spent a record $758 billion across more than 1,500 buyouts in the first nine months of the year, according to Dealogic.

That deal-making wave now includes the takeover of Athenahealth, which traces its roots to a technology company founded by Jonathan Bush in 1997. It eventually became a provider of patient record and billing services, with Mr. Bush — a nephew of President George H.W. Bush and cousin of President George W. Bush — as its telegenic leader.

But Mr. Bush came under pressure in 2017 from Elliott Management, the multibillion-dollar activist hedge fund known for its hard-nosed tactics. Elliott had taken a stake and demanded cost cuts and other changes, prompting the company to announce layoffs and, later, the appointment of the former General Electric chief executive Jeffrey R. Immelt as chairman.

Mr. Bush stepped down in June 2018 amid accusations of domestic abuse against his ex-wife and inappropriate workplace behavior.

Elliott, which had made a hostile takeover offer for Athenahealth in May 2018, ended up co-owning the company. Veritas Capital and Evergreen Coast Capital, Elliott’s private equity arm, agreed to buy it for $5.5 billion, and later combined it with Virence Health Technologies, which Veritas had assembled from parts of G.E.’s health care division.

Athenahealth now works with more than 140,000 health care providers in 50 states.

Jesse Cohn, the Elliott managing partner who oversaw the activism campaign, said: “Elliott is proud to have worked with Veritas to help transform Athenahealth, and we welcome Hellman & Friedman and Bain Capital as new stewards of this unique and important health care leader.”

“Today marks a significant milestone for Athenahealth,” said Bob Segert, Athenahealth’s chairman and chief executive, who will continue to run the company after the deal closes.

Credit…Kriston Jae Bethel for The New York Times

Employees of federal contractors will make at least $15 per hour under a final rule that the Labor Department announced Monday, providing a likely wage increase for over 300,000 workers, according to administration estimates.

The wage floor will affect contracts that are executed or extended beginning on Jan. 30, 2022. The current minimum wage for contractors is $10.95 under a rule enacted by the Obama administration in 2014 and is scheduled to rise to $11.25 on Jan. 1. Both rules require that the minimum wage increase over time to account for inflation.

Paul Light, an expert on the federal work force at New York University, has estimated that five million people work for employers that have federal contracts, including security guards, food workers, janitors and call center workers, but most already make more than $15 per hour. The rule will also apply to construction contracts entered into by the federal government.

Labor Secretary Martin J. Walsh said in a statement that the rule “improves the economic security of these workers and their families, many of whom are women and people of color.”

President Biden announced the rule in April when he signed an executive order directing the department to issue it. Mr. Biden’s announcement came amid a series of pro-labor moves by the administration, which included reversing Trump-era rules softening worker protections and enacting legislation that allocated tens of billions of dollars to strengthen union pension funds.

Administration officials said they did not expect the minimum wage increase to result in significant job losses or cost increases, contending that the higher wage would improve productivity and reduce turnover, providing employers and the government with greater value.

The federal minimum wage remains $7.25 per hour, though many cities and states have laws setting their wage floors substantially higher. The House of Representatives has passed a bill to raise the federal minimum to $15 per hour by 2025, but the legislation has not advanced in the Senate.

Credit…Matt Rourke/Associated Press

Target stores will close their doors for Thanksgiving Day, the retailer announced Monday, and will continue the policy every year moving forward.

The retail giant shut its stores on Thanksgiving Day last year, citing safety considerations during the pandemic. It has also started offering discounts for the holiday shopping season earlier in October instead of reserving those deals for Black Friday.

“What started as a temporary measure driven by the pandemic is now our new standard,” Brian Cornell, Target’s chief executive, said in a statement.

Target announced earlier this month that most stores would reopen at 7 a.m. local time on Black Friday.

Walmart has also said it would close its stores on Thanksgiving Day for a second year. Trader Joe’s and Aldi will also be closed for Thanksgiving.

Credit…Joe Burbank/Orlando Sentinel via Associated Press

The Walt Disney Company has paused a coronavirus vaccine mandate for employees of its Florida theme park after the State Legislature and the governor made it illegal for employers to require all workers get the shots, a company spokesperson confirmed Saturday.

Walt Disney World could have been facing fines under the policy, illustrating how even one of the most well-known tourism brands in the state has to deal with the headwinds of political debate over the pandemic response.

Source: State and local health agencies. Daily cases are the number of new cases reported each day. The seven-day average is the average of the most recent seven days of data.

The Republican-controlled Florida Legislature delivered the bill blocking Covid-19 vaccine mandates on Wednesday and Gov. Ron DeSantis signed it into law on Thursday, casting the measures as an effort to protect workers who could lose their jobs for lack of compliance.

Governor DeSantis, also a Republican, has been at the forefront of the political fight to curtail mask and vaccine mandates, saying the push against those restrictions counters overreach from the federal government. “Nobody should lose their job due to heavy-handed Covid mandates, and we had a responsibility to protect the livelihoods of the people of Florida,” the governor said in a statement.

The Biden administration has ordered vaccinations for workers in large companies and members of the federal work force, but the effort has met resistance across the country. Florida is among states that have challenged federal mandates in court.

The new Florida law prohibits employers from enforcing strict vaccine mandates, allowing employees to choose exemptions that include health or religious concerns, pregnancy or anticipated pregnancy, and having had the virus and recovered from it. Unvaccinated workers could instead undergo periodic testing or wear protective equipment, at the employers’ cost. Fines for violation could cost $10,000 a day per employee violation for businesses with fewer than 99 employees or up to $50,000 per employee violation for larger businesses.

Government entities and school districts are also restricted by the Covid mandate ban.

Disney World previously struck a deal with employees to require theme park workers to be fully vaccinated against the coronavirus to keep their jobs, and the company defended that rule in a statement Saturday. “We believe that our approach to mandatory vaccines has been the right one as we’ve continued to focus on the safety and well-being of our cast members and guests,” the statement said.

More than 90 percent of active cast members in Florida have verified they are vaccinated, the company said, before it sent a memo to employees halting the mandate.

Walt Disney’s website tells visitors it has been “very intentional and gradual” in operating safely, recommending guests exercise caution: wearing face coverings, checking for symptoms and getting the shots. “We encourage people to get vaccinated,” it says.

Todd Gregory contributed to this report.

Credit…Stefani Reynolds for The New York Times

Tuesday

  • Retailer earnings: Another week of quarterly financial reports from big retailers will give investors more clues on whether supply chain disruptions are hampering businesses ahead of the holiday season. Best Buy and Dollar Tree are set to publish their reports on Tuesday for the three months ending October. Gap, Nordstrom, American Eagle Outfitters and Abercrombie & Fitch will also report on Tuesday.

Wednesday

  • Fed minutes: The Federal Reserve will publish minutes from the Federal Open Market Committee meeting that was held this month. Investors will get a clearer picture of any disagreements among Fed officials about whether they expect that inflationary pressures will persist.

  • Consumer sentiment: The University of Michigan will publish the final numbers of its survey of consumer sentiment for November. The survey measures how optimistic consumers feel about the overall economy. The index fell to its lowest level in a decade in early November.

Thursday

  • Markets closed: The New York Stock Exchange and Nasdaq will be closed on Thanksgiving Day, as will bond markets.

Friday

  • Black Friday: The traditional start of the holiday shopping season kicks off. Many shoppers have started early, concerned over whether product shortages and supply chain disruptions will make it harder to find the gifts they want.

Credit…Samuel Aranda for The New York Times

BARCELONA, Spain — Protesters in Barcelona are pushing back against foreign investment firms that have bought up thousands of homes over the past decade and are forcing out residents who can’t pay the rent.

Credit…Samuel Aranda for The New York Times
Credit…Samuel Aranda for The New York Times

Giant investment firms like Cerberus Capital Management, Blackstone and Lone Star have been snapping up properties across Spain at bargain prices since the global financial crisis that began in 2008. The firms then put them up for rent at a time when the country’s economy was on a stronger footing.

But the pandemic pushed the Spanish unemployment rate up to 15 percent and evictions nationwide spiked in the first half of 2021. The investment firm landlords sent out a slew of eviction notices to tenants across the country or canceled leases for those who fell behind on the rent, residents said.

In the streets of Barcelona, a group called War Against Cerberus decided to fight back.

When lawyers of private equity firms come with police officers to force residents from their homes, members of the group — some of them longtime housing activists — surround the building to block their entry. As residents are pushed out of apartments, the group sends squatters to occupy properties owned by the firms elsewhere in the city — sometimes breaking in to gain entry.

The activists even took over the offices of a Cerberus real estate servicer in Barcelona for a time last year.

Credit…Samuel Aranda for The New York Times
Credit…Samuel Aranda for The New York Times

According to War Against Cerberus, dozens of families have occupied buildings owned by private equity firms in Barcelona, which has long been a target of outside investors. That can translate into years of courtroom hearings and millions of dollars in legal fees to remove the squatters.

“This property belongs to Cerberus,” said Ana María Banegas, a resident who, along with a dozen other families, has occupied a building in central Barcelona since April and now refuses to leave. “And from this home, we aim to pressure them.”

Miquel Hernández, a spokesman for War Against Cerberus who helped Ms. Banegas find the home where she is squatting, accused the private equity firms of profiting from the economic distress caused by the pandemic.

“They’re treating them like any other asset,” he said, referring to the homes owned by the firms.

The problem has caught the attention of Spain’s national government, led by a left-wing coalition. It has proposed the imposition of rent controls on investment funds and other large landlords.

The proposed legislation, supported by Barcelona’s mayor, Ada Colau, would allow for rent caps for owners with more than 10 properties in areas where rent increases have outpaced inflation.

Credit…Samuel Aranda for The New York Times
Credit…Samuel Aranda for The New York Times

“We have to civilize a market that has gotten out of control,” said Ms. Colau, a former housing activist who rose to power with an organization that fought against foreclosures. “A problem that was bad before the pandemic has suddenly gotten worse.”

Spain imposed a partial moratorium on evictions for much of the pandemic, but only for those in “vulnerable situations,” such as single parents. In cases that went to the courts, the judiciary was seen as siding largely with the landlords.

In the first quarter of 2021, evictions of renters in Spain rose by 14 percent compared with the same period the previous year, according to the government. By the second quarter of this year, they surged to eight times as many as in the same period in 2020.

Samuel Aranda contributed reporting from Barcelona.

Credit…Laetitia Vancon for The New York Times

VIENNA — As Europe experiences a menacing fourth wave of the coronavirus, Austria entered a nationwide lockdown on Monday and the possibility of a vaccine mandate in Germany was under discussion as the only way to sustainably overcome the pandemic.

“Probably by the end of this winter, as is sometimes cynically said,” the German health minister, Jens Spahn, said on Monday, “pretty much everyone in Germany will be vaccinated, recovered or dead.”

Mr. Spahn had spoken out against a universal vaccine mandate in Germany.

The lockdown in Austria, in which people are allowed to leave their homes only to go to work or to procure groceries or medicines, will last at least 10 days and as many as 20 and comes after months of struggling attempts to halt the contagion through widespread testing and partial restrictions.

While Austria may be the first European country to respond with a lockdown, it may not be the last. That prospect, along with increasingly stringent vaccine mandates, has set off a backlash in Austria and elsewhere, with mass demonstrations in Vienna, Brussels and the Dutch city of Rotterdam over the weekend, sometimes punctuated with violent outbreaks.

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transcript

transcript

Austrians Protest Lockdown and Vaccine Mandate

Thousands in Vienna over the weekend demonstrated against the measures, which include a nationwide lockdown.

[drums] [chanting] [drums] [whistles] [drums]

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Thousands in Vienna over the weekend demonstrated against the measures, which include a nationwide lockdown.CreditCredit…Lisa Leutner/Associated Press

The new Covid wave is being driven by widespread resistance to vaccines, despite the growing prevalence of vaccine and mask mandates. Austrian officials have said they will enforce a nationwide vaccine mandate in February, the first European nation to do so.

Austria, where 66 percent of the population is vaccinated, reported more than 14,000 new cases of the virus within 24 hours on Sunday. Over the past week the Netherlands has been averaging more than 20,000, while Germany has seen roughly double that number.

The German health ministry said on Monday that the country was facing a dwindling supply of the Pfizer-BioNTech coronavirus vaccine, which was partly developed in the country, as it races to provide booster shots.

And while the European Medicines Agency is poised to approve the vaccine for use on children 5 to 11 this week, first doses will not begin until Dec. 20, when shots for children are scheduled to be delivered to European Union countries, Mr. Spahn, the health minister, said.

The opposition to the lockdown and vaccine mandates in Austria is being fueled in part by the far-right Freedom Party, which has used its platform in the Austrian Parliament to spread doubt about the effectiveness of the vaccines and to promote ivermectin, a drug typically used to treat parasitic worms that has repeatedly failed against the coronavirus in clinical trials.

But the fury is not limited to far-right activists, as the throngs that filled Vienna’s streets on Saturday attested. The police estimated the crowd at 40,000, with many families and others far outnumbering the right-wing extremists.

Tucker Carlson’s ‘Patriot Purge’ Special Leads Two Fox News Contributors to Quit

For his part, Mr. Goldberg said he has been thinking about William F. Buckley, the late founder of National Review, who saw as part of his mission “imposing seriousness on conservative arguments” and purging some extreme fringe groups, including the John Birch Society, from the right.

“Whether it’s ‘Patriot Purge’ or anti-vax stuff, I don’t want it in my name, and I want to call it out and criticize it,” Mr. Goldberg said. “I don’t want to feel like I am betraying a trust that I had by being a Fox News contributor. And I also don’t want to be accused of not really pulling the punches. And then this was just an untenable tension for me.”

Now, their views have put them outside the current Republican mainstream, or at least outside what mainstream right-wing institutions and politicians are willing to say out loud. But while in recent years both appeared occasionally on the evening show “Special Report” and on “Fox News Sunday,” which the network classifies as news, it’s been years since they were welcome on Fox’s prime time, and Mr. Goldberg clashed bitterly with the prime-time host Sean Hannity in 2016. (Mr. Hayes and Mr. Goldberg emailed their readers Sunday to announce their departure.)

Despite the former contributors’ hopes, Fox’s programming has hewed to Mr. Trump’s line, as have its personnel moves. The network, for instance, fired the veteran political editor who accurately projected Mr. Biden’s victory in the key state of Arizona on election night, and has hired the former Trump White House press secretary Kayleigh McEnany.

Mr. Hayes and Mr. Goldberg are the first members of Fox’s payroll to resign over “Patriot Purge,” but others have signaled their unhappiness. Geraldo Rivera, a Fox News correspondent since 2001, captured the difficulty of internal dissent at the network when he voiced cautious criticism of Mr. Carlson and “Patriot Purge” to my colleague Michael Grynbaum. “I worry that — and I’m probably going to get in trouble for this — but I’m wondering how much is done to provoke, rather than illuminate,” he said.

On air, two programs with smaller audiences than Mr. Carlson’s scrambled after his special to rebut the false theories presented in “Patriot Purge.” “Special Report” called in a former C.I.A. officer on Oct. 29 to debunk “false flag” theories. And on “Fox News Sunday,” Chris Wallace turned the same question over to one of Mr. Trump’s few foes in the Republican congressional delegation, Representative Liz Cheney of Wyoming.

Mr. Carlson called Mr. Hayes’s and Mr. Goldberg’s resignations “great news” in a telephone interview on Sunday. “Our viewers will be grateful.”

Disney World pauses COVID-19 vaccine mandate

Walt Disney World confirmed to FOX Business Saturday that it has paused its COVID-19 vaccine mandate. 

“We believe that our approach to mandatory vaccines has been the right one as we’ve continued to focus on the safety and well-being of our cast members and guests, and at this point, more than 90{cfdf3f5372635aeb15fd3e2aecc7cb5d7150695e02bd72e0a44f1581164ad809} of active Florida-based cast members have already verified that they are fully vaccinated,” a Disney spokesperson said. “We will address legal developments as appropriate.”

An internal memo from Disney said that the pause will remain in effect as the company “assesses the new state laws protecting workers from vaccine mandates,” according to FOX 35 Orlando. The station said it had obtained a copy of the internal memo sent to Disney cast members.

In this June 2020 file photo provided by Walt Disney World Resort, new measures are in place to promote health and well-being in restaurants at Walt Disney World Resort. (Photo by Matt Stroshane/Walt Disney World Resort via Getty Images)

DISNEY CRUISE LINE VACCINE MANDATE: PASSENGERS 5 AND OLDER MUST BE FULLY VACCINATED AGAINST COVID-19

Nick Caturano, a cast member at Disney World for more than 16 years, told FOX Business on Saturday that he had heard managers were leaking e-mails detailing the move two hours before the cast members received them. 

“For me personally, I was trying to reach out to Disney and reason with them when I wrote my open letter on the website. But, the legislation really put it over the edge, and it looks like Disney must have had an emergency meeting, I’m guessing. And, I heard probably around noon that managers were leaking that they were getting these emails that they were going to stop the mandates. And, as regular cast members, we got it [at around] 2 p.m,” Caturano explained. 

Caturano runs the website GoofyVaccine.com, which features an open letter to the company questioning Disney’s vaccine requirements.

In July, Disney said it would make vaccinations mandatory for all on-site salaried and non-union hourly employees in the U.S., giving them a deadline of the end of September. 

In August, Disney said it would require union employees to show proof of vaccination by Oct. 22 to remain employed, with the option to request exemptions for medical or religious reasons.

Caturano said his experience becoming infected with COVID-19 was partially what “got [him] to stand up.” 

“That and a lot of cast members were looking to me because they were really scared. They didn’t want to lose their job, but they were scared to take the shot because everybody … a lot of us felt that it just wasn’t vetted long enough,” he said, “We weren’t against the vaccine. We just didn’t think that there was enough … We just thought it was too soon to totally trust it, and we just wanted to wait … And then, that just led me to take a stand and I just wanted to reason with Disney, then it turned into something else.”

All of this comes after Florida’s Republican Gov. Ron DeSantis signed special session legislation that puts new restrictions on COVID-19 vaccine mandates by employers.

An entrance to Walt Disney World Resort in Lake Buena Vista, Fla., in August 2015.  (iStock / iStock)

“I told Floridians that we would protect their jobs, and today we made that the law,” DeSantis said in a press release this week. “Nobody should lose their job due to heavy-handed COVID mandates, and we had a responsibility to protect the livelihoods of the people of Florida. I’m thankful to the Florida Legislature for joining me in standing up for freedom.”

Effective immediately, private employer COVID-19 vaccine mandates are prohibited. Employers who violate employee health protections will be fined up to $50,000 per violation. Government entities may not require COVID-19 vaccinations of anyone. Educational institutions may not require students to be vaccinated against COVID-19. School districts may not have school face mask policies or quarantine healthy students. Parents and students may sue violating school districts and recover costs and attorney’s fees.

CLICK HERE TO READ MORE ON FOX BUSINESS

Another bill signed by DeSantis prevents the state health officer from mandating vaccines during a public health emergency. He also approved a bill directing the state to begin considering a withdrawal from the federal Occupational Safety and Health Administration, which drafted White House vaccine requirements for private businesses with more than 100 employees.

“We’re making sure that people have a right to earn a living, people have a right to have protections in their place of employment and that parents have protections to be able to direct the upbringing of their kids,” the governor said in a signing ceremony

Democrats have criticized the bills as politically motivated and dangerous to public health.

“As we would expect, Disney has amended its vaccination policy to comply with Florida law. We believe that all companies in Florida will likewise follow the law signed by Governor DeSantis this week,” the governor’s office said in a statement issued to FOX 35. “Nobody should lose his or her job over these mandates. Disney is a major employer in Florida, and we are proud that the ‘happiest place on Earth’ is here in our state. Governor DeSantis’ leadership has saved countless jobs and livelihoods before this holiday season.

“We hope Disney and any other company that has suspended or terminated workers due to vaccine mandates will consider rehiring them.” 

Walt Disney World Resort in Lake Buena Vista, Fla., will reimagine its holiday celebration this year. From Nov. 6 to Dec. 30, the resort’s four theme parks and Disney Springs will be decked with festive décor and offer special merchandise, enchanting

Caturano pointed out to FOX Business that case rates in Florida have dropped since their spike this summer. 

“I love that DeSantis has been pushing it, fighting for all of us. He really has been a voice for us, and I think he’s really standing behind the science,” Caturano said.

Florida, especially Miami-Dade County, still ranks among the states with the highest case rates, according to the John’s Hopkins Coronavirus Resource Center.

COVID-19 cases in the U.S. are rising once again, particularly in cold-weather states like Michigan.

Dr. Anthony Fauci, the director of the National Institute for Allergy and Infectious Diseases (NIAID), said this week that there has been an uptick in hospitalizations among people who have been vaccinated but not boosted. 

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However, he noted, the majority of hospitalizations are still among those who are unvaccinated. 

Data from the U.S. Centers for Disease Control and Prevention (CDC) shows that nearly 196 million Americans are fully vaccinated and 33.5 million people have received a booster dose. 

“We have 62 million Americans eligible for vaccines who are still not vaccinated. The data that I show you do not lie. Vaccines protect you, your family and your community,” Fauci said, speaking alongside CDC Director Dr. Rochelle Walensky. “And importantly, it is not too late, as Dr. Walensky has said. Get vaccinated now.” 

The Associated Press contributed to this report.

CVS will close 900 stores. That’s great news for Dollar General

Dollar Normal (DG) has swiftly expanded in the United States above the previous decade, in big portion by undercutting independent and chain drug retailers and snatching away some of their shoppers. The price cut big is specially nicely-positioned to capitalize on CVS’ prepared closings.

CVS’ announcement comes at a timely minute for Dollar Typical — accurately as Greenback Standard tries to “build by itself as a wellbeing spot.”

Greenback Common is launching a wellness care initiative for the to start with time, presenting clients in what the enterprise phone calls “health and fitness treatment deserts” in rural The us a assortment of overall health providers in retailers and expanded more than-the-counter products. The business sees this industry as a key advancement place.
Thursday’s “information from CVS (CVS) has the probable to accelerate that chance,” Chuck Grom, a retail analyst at Gordon Haskett Analysis Advisors, said a note to consumers Thursday. CVS’ prepared closings are a “favourable” for Dollar Typical, he added.

Pharmacies on the decline

CVS pointed to changes in “inhabitants, buyer shopping for styles and potential health needs” for its choice to shut stores.

The closings mark the most current contraction of US drug stores in the latest many years. The sector has been under stress from buyers more and more shifting paying out on the web, as properly as to massive-box chains, warehouse golf equipment and greenback retailers. Declining reimbursement fees for prescription medications have also squeezed drug stores’ earnings.

Nationally, the number of pharmacies has dropped from 62,098 in 2015 to 56,788 in 2019, believed the Nationwide Association of Chain Drug Shops, an advocacy group. This includes chain and impartial drug stores, as well as pharmacies in grocery retailers and big box outlets.

Drug stores have been bleeding industry share to Dollar Standard. The corporation and analysts say its charges are ordinarily all over 40{cfdf3f5372635aeb15fd3e2aecc7cb5d7150695e02bd72e0a44f1581164ad809} reduced than pharmacies.

Health care at Dollar Normal

Greenback Normal has run into opposition from area leaders in lots of parts of the region who argue that it drives out independent grocery stores and pharmacies and does not offer contemporary food stuff at retailers — contributing to the wellbeing treatment problem it now claims it would like to aid solve.

The enterprise in latest years has started out to some produce and clean fruit at stores. Now, Greenback Standard claims introducing overall health treatment is a way to fill a hole in the marketplace, get clients to devote a lot more when they take a look at stores and bring in new buyers.

Dollar stores are starting to offer fresh food after years of criticism

In July, Greenback Common introduced it hired its initially chief medical officer to assistance acquire its wellness care products and services and product or service choices at stores.

Greenback Common also mentioned it planned to enhance its retailer assortment of cough and chilly, dental, dietary, wellbeing aids and feminine hygiene merchandise. Which is a bonus for Dollar Normal for the reason that these things carry higher financial gain margins than most of what it presently provides: largely packaged foodstuff, perishables, paper and cleansing solutions, and particular treatment items.

All over 65{cfdf3f5372635aeb15fd3e2aecc7cb5d7150695e02bd72e0a44f1581164ad809} of Greenback General’s shops — far more than 10,000 destinations — are in well being and health-related “deserts,” where by folks have to generate 30 or 40 minutes to get primary providers, CEO Todd Vasos claimed in September.

Wellness care “could be a really huge offer” for Greenback Basic, explained Vasos, who is a former drug retail outlet chain govt.

Dollar Basic will not place pharmacies in its stores, he stated, but it really is discovering alternatives these kinds of as offering eye exams, telemedicine and prescription drug pickups.

He even suggested Dollar Basic could profit from partnering with impartial pharmacies on its health and fitness force.

CBO: Biden spending bill will add $367B to deficit, not counting IRS tax enforcement plan

The nonpartisan Congressional Price range Business office believed Thursday that President Biden’s social expending invoice will increase $367 billion to the federal deficit in excess of the subsequent 10 several years, without the need of counting potential earnings from an IRS tax enforcement crackdown that White Property officers assert will protect the remaining cost.

“CBO estimates that enacting this laws would result in a net enhance in the deficit totaling $367 billion above the 2022-2031 interval, not counting any supplemental income that may perhaps be generated by further funding for tax enforcement,” the CBO explained in a launch.

The CBO rating raises uncertainties about the Biden administration’s declare that the $1.75 trillion in paying out outlined in a framework settlement for the “Construct Again Much better Act” is absolutely coated by offsets bundled in the monthly bill. Treasury Section and White Residence officers say enhanced IRS tax enforcement will deliver $400 billion in new tax income, while the CBO estimates it would produce net revenue of about $127 billion soon after bills.

BIDEN Shelling out BILL’S TAX ENFORCEMENT Plan WOULD Lead to AUDITS TO DOUBLE, GOP MEMO Claims

President Joe Biden attends a virtual COVID-19 summit all through the 76th Session of the United Nations Basic Assembly, in the South Courtroom Auditorium on the White Dwelling campus, Wednesday, Sept. 22, 2021, in Washington. (AP Picture/Evan Vucci) (AP Picture/Evan Vucci / AP Newsroom)

Treasury Secretary Janet Yellen reiterated the department’s stance on IRS tax profits soon after the CBO evaluation was released, citing the budget agency’s scores and a different analysis by the Joint Committee on Taxation. The JCT’s rating observed the bill was not likely to incorporate to the deficit, even though it did not choose the IRS steps into account.

“The mixture of CBO & JCT’s scores about the very last 7 days and Treasury evaluation make it apparent that Make Back Improved is entirely compensated for, and in reality will reduce our nation’s financial debt more than time by means of $2 trillion+ in profits raisers and other personal savings,” Yellen mentioned.

The Home is envisioned to vote on the investing monthly bill Thursday night. Republicans oppose the laws, arguing it is fiscally irresponsible and would lead to growing inflation.

If the bill passes the Household, it will carry on to the Senate, the place Democrats keep a razor-slender vast majority. Moderates, together with Sen. Joe Manchin, D-W.Va., and Sen. Kyrsten Sinema, D-Ariz., continue being crucial roadblocks to its ultimate passage.

U.S. Treasury Secretary Janet Yellen speaks during a information conference with Irish Finance Minister Paschal Donohoe at Government properties in Dublin, Ireland, Nov. 1, 2021. REUTERS/Clodagh Kilcoyne (REUTERS/Clodagh Kilcoyne / Reuters Pictures)

The administration states the framework agreement’s “pay back-fors” will generate nearly $2 trillion in income via 2031, covering the bill’s value and lowering the federal deficit. The White Residence claims substantially of the earnings will derive from larger taxes on businesses and the wealthiest People, as perfectly as enhanced IRS tax enforcement.

Biden administration officers say the IRS proposal on your own would deliver $400 billion in new tax earnings, although a 15{cfdf3f5372635aeb15fd3e2aecc7cb5d7150695e02bd72e0a44f1581164ad809} minimum amount tax on significant organizations would make $325 billion.

The White Property began pushing again on the CBO’s results on the “Create Again Improved Act” even prior to the final price tag estimate was released. Earlier this 7 days, CBO Director Phillip Swagel reiterated the agency’s stance that enhanced IRS enforcement would elevate about $120 billion by 2031, properly short of the White House’s $400 billion goal.

House Speaker Nancy Pelosi of Calif., listens to a problem from a reporter through a information conference on Capitol Hill in Washington, Thursday, Oct. 28, 2021. (AP Photograph/Andrew Harnik) (AP  / AP Newsroom)

“CBO does not have knowledge examining earnings amounts attained from tracking down rich tax cheats who are having benefit of every single sincere taxpayer,” White Property spokesman Andrew Bates mentioned throughout a press gaggle before this week. 

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At the time, Bates included that “CBO’s fiscal information, so far, traces up with our estimates that we released to all of you for costs, or they even arrive in below our estimates.”

An before vote on the paying bill was delayed after a group of average Dwelling Democrats insisted the CBO rating the invoice so they could improved recognize its expenditures.

This story has been up-to-date.

Today’s Business and Stock Market News: Live Updates

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Erin Griffith

Another subsequent Theranos test shows levels more in line with expectations. Note from the doctor says “clearly some form of lab error occurred.”

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Erin Griffith

The test results show a “very significant rise” in PSA levels. The doctor wrote a note on it that it should be rechecked and might be a “lab error.”

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Erin Griffith

Mr. Burnes had a patient who got a PSA test — detects prostate cancer — through Theranos. The doctor is testifying in a clear mask and I have to say it just conveys Bain vibes to me. Also hard to hear.

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Erin Griffith

That’s it for Tompkins. The U.S. has called Dr. Mark Burnes.

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Erin Griffith

Theranos test results told this woman she had HIV antibodies. Defense is trying to argue she didn’t understand the test results.

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Erin Griffith

Trefz pulls up an HIV testing algorithm to show the patient. She asks the patient to break down the arrows pointing to terms like HIV-1/2 antigen/antibody combination immunoassay. … “You don’t know the meaning of these particular steps, correct?”

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Erin Griffith

Tompkins is back on the stand being cross-examined by Holmes lawyer Katie Trefz. She says she attempted to get information about the testing from Theranos but was not provided any.

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🩸 U.S. v. Holmes continues. 🩸 Today we’ll hear from Erin Tompkins, a patient, as well as Roger Parloff, a journalist. But first, for every one hour of testimony there are roughly three hours of lawyer bickering over the scope of the testimony and today is no different!

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Trefz argues for expert testimony on the accuracy of the tests since they’ve been run on different methods. “If a patient is going to testify about their allegedly inaccurate tests, we should get to explore the depths of that patient’s knowledge as to what the test results mean.”

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Bostic notes that he’s not certain whether the doctor will testify because they’re trying to “streamline” their case and the witness list because of time concerns.

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Trefz is arguing that the confusion comes from the way the results were presented, not the actual results themselves. Bostic says her doctor’s concern about the accuracy of the results was “inadmissible hearsay.”

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Sounds like Tompkins’s doctor is also going to testify. The judge has also made a not very pleased reference to the case’s “untoward delays.”

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Bostic argues that he believes the doctor was in disbelief and had skepticism over the accuracy of the results. It wasn’t him saying that the results were accurate yet she wasn’t positive.

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The jury and Tompkins have left. Trefz is arguing that the patient was told at the time by her doctor that this was not an indication of a positive test result.

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We also see test results from August of this year that says she is negative. In cross-exam, Holmes lawyer Katie Trefz asks how much her Theranos test cost. Tompkins doesn’t remember but says she got a refund about two years later.

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Erin Griffith

We see a copy of her Theranos blood test results stating that Ms. Tompkins had HIV antibodies. She testifies that she has never had HIV or AIDS, and a different test a few months later said negative. She tried to call Theranos to get more information but spoke to no one.

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Erin Griffith

She chose Theranos for a blood test her doctor ordered because it was cheap and she didn’t have insurance. “Is there any benefit to you with blood test results that were not accurate or reliable?” Tompkins: “I can’t imagine, no.”

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She testifies first saw an article about Theranos in Forbes, she said she also heard about it on Facebook — a rec from a friend who was trying to find affordable health care options for people without insurance.

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The U.S. has called Erin Tompkins, a Theranos patient.

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Leach: “Did you think one of the risks here was that the founder and C.E.O. was not being truthful to you?” Grossman: “We did not think that was one of the risks.” And that’s it for Grossman. Wowsy!

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Erin Griffith

A major theme seems to be EXECUTION RISK. Was Theranos past the point of “proof of concept”? Should investors have anticipated the risk of the technology not working?

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Talking about Moore’s law. The jury is getting such an education in business terminology. A PGM email discusses how Theranos plans to drive down costs of making its devices. That wouldn’t apply to third-party devices, Grossman said.

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Erin Griffith

Leach pulls up the “bear case” projections (Wade had used the bull case projections) and asks: Have you ever seen a company miss its revenue projections by over $1 billion? BG: “It’s unusual.” Was that a risk you thought you were taking with this investment? BG: “Not in 2014, no.”

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This is related to Wade’s argument that PFM’s revenue projections for Theranos were overly rosy. (Grossman has testified that they were based largely on Theranos’s own projections.)

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Prosecutor Leach is back up for redirect. Leach asks: Who was in a better position to judge Theranos’s projected revenue for 2014 and 2015, you or the company? Grossman: The company.

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Wade: Was part of investing in Theranos a part of your desire to get information for your investment in Walgreens? Grossman: No. Wade: Is it true that after you invested in Theranos you started trading Walgreens stock? Prosecution objects and is sustained. And that’s it, finally!

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Wade is showing Grossman a slide deck presented by Theranos and is pointing out that many of the claims were “aspirational.”

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OK, just before the break my laptop died, but Judge Davila expressed the most frustration I’ve ever seen over how long Wade’s cross-exam is lasting (6+ hours).

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Wade points out that the presentation doesn’t include the accuracy risks or highlight the “limited operating experience” Theranos had.

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So Grossman delivered a presentation to some other investors summarizing PFM’s own research about Theranos. It has Theranos’s logo on the front of it and Wade asks “did you get Theranos’s permission to use their logo?”

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Erin Griffith

Grossman quotes from lower in the email that his firm’s expert continued to believe these risks were acceptable for investing. There’s also a cryptic email from Grossman to his teammates that simply says “real world.”

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Erin Griffith

There’s another email where someone at the firm says Blue Cross Blue Shield did diligence on Theranos and said it doesn’t work. And another one where someone is saying again that there’s a chance it won’t pass FDA review.

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Erin Griffith

Another email from Grossman’s internal expert outlining more risks on the tech. Says he doesn’t think Theranos has enough data to get FDA approval. The takeaway from these hours of cross-exam from Grossman seems to (still) be: You knew about all these risks and still invested.

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Erin Griffith

We get another “if that’s your question, then yes.” Grossman is patiently describing in great, great detail all of the analysis PFM did on its financial models on Theranos. The room is getting restless. Not even sure Wade is enjoying this level of detail.

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Erin Griffith

Wade tries to make the point that PFM’s revenue projections for Theranos were unrealistically high. Grossman says no and gives the example of Moderna. “They tend to be really important, open-ended technology, very disruptive, that have a big impact on society.”

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Erin Griffith

A few more comps added to the analysis: Salesforce, Tesla and a few others I didn’t hear. Grossman repeats his line about “open-ended, disruptive technology platform companies”

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(The third comp Grossman suggested is Illumina.)

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Describing comps, Grossman testifies they were trying to find “open-ended, best-in-breed disruptive companies.” Wade then tries to call FB and GOOG “unicorns.” I feel personally trolled.

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Erin Griffith

To justify the valuation they suggest using Google and Facebook as comps to Theranos!?!? To use a Grossman term… Wowzers

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Erin Griffith

We see an email between Grossman and his partner James — no mention of bevies — where Grossman says the valuation and terms “are obviously tough to swallow.” But his call with Channing Robertson was “mind-blowing” and gave him a lot of confidence.

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Post break, Wade is asking Grossman about his conversations with Channing Robertson. Grossman’s father-in-law, David Brady, knew Robertson, was a politics professor at Stanford and was involved with Hoover Institution. Brady also invested in Theranos.

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We have spent … a lot of time going through every painstaking detail of Grossman’s diligence. It is a lot, and I’m not 100 percent sure what effect this is meant to have on the jury.

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Erin Griffith

We see an email that shows PFM confirms that any device outside a CLIA lab needs to FDA clearance. Theranos often said they didn’t need FDA approval for their machines in stores because the “analysis” would be done in the cloud / in its CLIA lab.

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Erin Griffith

Grossman has not been asked about why PFM ultimately decided to invest despite all of his very diligent diligence and the doubts raised inside the firm.

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The email also notes that Theranos’s projections are “a bit aggressive” but “with excellent execution are doable and can be exceeded.” Point to show that Grossman knew the risks of backing Theranos.

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Erin Griffith

More internal PFM emails! This one is about a health care conference where PFM’s tech expert planned to vet Theranos’s tech with others in the industry without violating NDA. Also says he thinks Theranos’s technology is “very good” and has IP and competition concerns.

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To get around this Grossman answers a lot of Wade’s questions with “If the question is X [narrator: it is not], then the answer is Y.”

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Lance Wade is questioning Grossman about a certain document that is not in evidence and Grossman is refusing to acknowledge that it “refreshes his recollection” because he believes Wade’s questions are misleading.

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🩸 It’s U.S. v. Holmes again. 🩸 Brian Grossman, managing director at PFM Health Sciences, which backed Theranos, will continue cross-examination today.

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Erin Griffith

Grossman and jury are dismissed for the day and its time for our usual lawyer chat. Downey wants to talk about an issue in camera and the judge is lightly ribbing Wade for how long his cross-exam is going. Back tomorrow!

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Wade continues to press this point which is a question I have too — Grossman did all the right stuff regarding diligence, and yet he still invested.

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Wade hits Grossman over the fact that he invested in Theranos even after the refused to let him talk to Walgreens or United in diligence. Grossman says that forced his firm to rely on information from Theranos.

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Erin Griffith

We now see a PFM email summarizing the Theranos discussion during a Walgreens earnings call. Point being that PFM took other information into account beyond what Holmes said to decide on the investment.

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Erin Griffith

We got a brief glimpse of an email from Grossman re WAG and Theranos: “Wowzer. That’s quite an endorsement.”

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Erin Griffith

We see some emails between Grossman and some of his analysts about Walgreens and Theranos. They are discussing Cowen’s take on the Theranos / WAG partnership. Wade suggests Cowen analyst reports are a respected source of information. Grossman says that’s “debatable.”

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Erin Griffith

Elsewhere on this email thread Grossman asks his partner, “What time u picking us up? U want us to brink bevies for the drive?”

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Wade is now taking Grossman through the team of people at PFM who worked on the deal, explaining their expertise. He mentions Philippe Laffont of Coatue, who introduced PFM to Theranos. We see an email from Laffont to Chris James, an investor at PFM, saying Theranos is “one of the most impressive boards I’ve ever seen.” James forwards the email to Grossman with one word: “Wowsy”

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Wade appears to be doing his bore-em-to-death thing going into tedious detail about the mechanics of private market investments.

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Wade asks Grossman to define a hedge fund and he runs down all the various attributes ending with “and obviously, a hedge fund can hedge.” Somewhere Carol Loomis is smiling.

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Erin Griffith

Lance Wade is up for cross-exam. Unlike with past investors, who Wade attempted to discredit by criticizing their lack of diligence, the strategy here seems to be building up how much diligence Grossman’s firm did.

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At the very end we saw that Grossman’s firm invested $96 million across several funds.

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Erin Griffith

We see internal Theranos emails discussing Grossman’s results. He is a “VIP” and they push to get his results out quickly. The results appear to be run on a third party machine, which Balwani never told him about.

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Balwani blamed a rare test and a lab failure. Thanked him for “highlighting this issue.”

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Erin Griffith

I believe Grossman is the only investor we’ve heard from who went to a Walgreens to get his blood tested on his own. Afterward he asked Balwani why he had to have a venous draw (no fingerstick) and why it took more than 4 hours.

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Erin Griffith

Grossman spoke to Channing Robertson (Theranos board member, former Stanford professor) twice. Robertson said Theranos had no technical risk and that its technology inside the MiniLab was sound.

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Erin Griffith

Grossman also wanted to talk to United Healthcare, which (apparently) had a contract with Theranos. Similar to Walgreens, Balwani said no. “It will look badly on us, if investors are asking to speak to someone at the company.”

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Erin Griffith

Grossman asked to talk to Walgreens and Sunny Balwani told him he was “very uncomfortable” with that. He told Grossman it “would be a strange conversation, they have a great relationship, it wouldn’t look good.” “He had a series of responses along those lines.”

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So we have walked through the same slideshow that Theranos presented to most of its investors including being “comprehensively validated by pharma companies.

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Grossman: “They were emphatic that this was not another point of care testing company. This was the entire laboratory shrunk down into a box.”

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Grossman said he saw various different versions of the Theranos blood testing machines at their manufacturing facility in Newark, at their CLIA lab in Palo Alto and in the lobby of their California St. office.

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Erin Griffith

Or at least attempted diligence. Holmes and Balwani answered the questions in meetings. It appears we are going to go through their spoken answers on every one of these questions (there are many…).

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Grossman had three analysts working on the deal and says “there’s a lot of analytic labor” that goes into his firm’s modeling. This appears to be the most diligence that any Theranos investor has done so far…

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Erin Griffith

We see an email from Grossman to Holmes and Balwani containing due diligence questions. There are seven areas of question (technology, IP + barriers to entry, Regulatory, Financial Model/Projections, etc.) with lonnnnnng lists of detailed questions for each.

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Erin Griffith

Grossman testifies: “Ms. Holmes was actually very clear that they could match every test on the Labcorp and Quest menu of tests.”

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Erin Griffith

Grossman goes into a very long and detailed tale of the claims Holmes made to him about Theranos’s technology and business. She told him the usual: Theranos was more reliable than Labcorp/Quest and they worked with pharma companies and on medevacs on the battlefield.

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Erin Griffith

Grossman met with Balwani and Theranos at its lab in December 2013. He testifies that the security to enter the building, including its NDAs, was unusually strict.

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Erin Griffith

Grossman offers up a little lesson on limited partners. PFM’s include pension funds. Hey jury, it’s not just rich people who were burned by Theranos!

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Erin Griffith

Yam is excused. The U.S. has called Brian Grossman, a managing partner at PFM Health Sciences, a San Francisco firm that runs a hedge fund and growth equity fund.

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Erin Griffith

Lance Wade is questioning Yam on whether the wire transfers discussed in the email actually happened. Can’t we just … verify that somewhere?

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Erin Griffith

$1.1 million to be precise, wired to Horizon Media, the marketing firm. This is one of the wire fraud counts outlined in the indictment.

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Erin Griffith

We see a late 2015 email regarding expenses for an ad campaign (TV, print, etc.) in the millions of dollars in Arizona.

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Erin Griffith

The prosecution has called Danise Yam, a.k.a. So Han Spivey, likely to reintroduce a certain email.

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Erin Griffith

And Alan Eisenman has left town. So we will be getting a new witness this morning.

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Erin Griffith

Judge Davila says he sees nothing to disturb the court’s previous ruling on this issue. Glad we just spent an hour debating it!!

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Erin Griffith

Bostic further argues that Holmes had “better sources of information” about Theranos results … from her own lab. And “if positive information is admissible just because Holmes saw it, then negative information that Holmes saw should also be admissible,” i.e., the 2015 WSJ article.

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Erin Griffith

Judge further notes that there are lots of comments from phlebotomists, who were employees of Theranos. John Bostic argues that the patient reviews aren’t relevant. The reports were only sent to Holmes in 2015, and the majority of the investments in the case happened before that.

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Erin Griffith

Judge Davila is skeptical. He said the majority of the customer comments talk about pricing because they had no health insurance. Or they were given $100 gift cards by doctors. Not about the accuracy of the tests.

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Erin Griffith

Now Holmes lawyer Richard Cleary is arguing the defense should be able to include testimony of positive reviews / surveys of Theranos tests.

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Erin Griffith

🩸U.S. v. Holmes again. 🩸 The lawyers are fighting about whether to discuss the lost database of Theranos tests.

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Erin Griffith

Ok that’s it for today — short day. Buckling in for four more days of testimony!

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Erin Griffith

We’re not done with Eisenman as there is still a matter to debate about his notes. The defense wants a color copy so they can examine all the various inks used. 🎨

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Erin Griffith

In cross-exam Downey had discussed how much Eisenman’s stock in Theranos was worth. In redirect, Bostic asks: What is your understanding that your stock in Theranos is worth today? Eisenman: “It’s not an understanding, it’s a conclusion. It’s worth zero.”

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Erin Griffith

In redirect Eisenman speaks about the contrast between the Theranos hype — all their progress and demand in the market — and the legal disclaimers that come with investing (this is a high risk growth company, you could lose all your money, etc., etc.). The power of hype is strong!

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Erin Griffith

Downey says that Eisenman has asked government agents to look into a different investment where he lost money. Judge sustains objection and that is the end of cross-exam of Eisenman.

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Erin Griffith

Eisenman says, “It’s a little misleading — we are on the same page because I feel that I was lied to and cheated from the company.”

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Erin Griffith

Downey asked Eisenman about his relationship with the prosecution. He gives squirrely answers and we eventually see an email from 2018 where Eisenman says “You know that I am a faithful part of your team and will do all that I can to help your case.”

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Erin Griffith

We are back to the legal boilerplate fight. Eisenman refuses to answer yes/no questions about it. And remember: legal disclaimers are there for a reason! They will be used against you in court!

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Erin Griffith

Defense counsel Downey: “As I suspected there are some indications in the notes that the notes are not what Mr. Eisenman described in his direct examination. … At some point additional info has been inserted in a different color ink.”

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Erin Griffith

During our break (is it too early for lunch?), the lawyers from both sides are going to review the notes that defense filed a subpoena for in a side room.

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Erin Griffith

Another scathing email from Balwani. Eisenman emailed about a news article that says Theranos could become obsolete. Balwani: “I think these emails are beyond ridiculous.”

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Erin Griffith

Downey makes the point that Eisenman chose to invest more into Theranos, despite the fact that Balwani had “ignored or intimidated” him.

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Erin Griffith

Lots of cross-talk chaos between Eisenman, Downey, the court reporter and Judge Davila, who jumps in: “Let’s reset. It goes by question and answer. The lawyers get to ask the questions and it’s your privilege to answer them.”

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Erin Griffith

It is not great to have examples of government agents telling Eisenman “do not contact us” juxtaposed with emails from Holmes telling him “do not contact us.”

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Erin Griffith

Over the weekend defense subpoenaed Eisenman for his notes about the Theranos investment and Downey demands he gives them to the court admin. Eisenman wants more info on the process.

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Erin Griffith

Eisenman: “I’m a smart guy.” Downey: “Did the government agree with that smart judgment?” (prosecution objects)

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Erin Griffith

Agent Hernandez called Eisenman and said to not communicate with the government about the substance of the trial. Eisenman then apparently sent another email to the government the next morning and the government called *again* with Mr. Bostic, saying not to communicate with them.

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Erin Griffith

We were going to see the email he sent to Agent Hernandez on the prosecution’s team offering “some reflections” on his testimony, but prosecution objected to admitting evidence that was 90{cfdf3f5372635aeb15fd3e2aecc7cb5d7150695e02bd72e0a44f1581164ad809} redacted.

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Erin Griffith

Downey: “How long did it take you to violate that directive? Was it less than about 15 hours?” Eisenman: “I don’t recall.” 😬

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Erin Griffith

Uh ohhh, Downey points out that Eisenman flew back to Houston after his initial testimony Wednesday evening and immediately violated his directive to not discuss the trial with anyone.

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Erin Griffith

Eisenman also reached out to Bill Frist through his father-in-law, Joel Gordon, a wealthy political donor in Tennessee. Downey asks why he wanted that outreach to be secret. Eisenman says that comment is “misleading.”

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Erin Griffith

We see an email from Holmes to Eisenman from 2012, after he reached out to Don Lucas: “No, Alan it has been about that long since you decided to start harassing our chairman.” Eisenman says that is a “total mischaracterization.”

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Erin Griffith

The email about Larry Ellison was meant to show that Theranos was providing general information to all investors. Eisenman pushes back there, too. “There was no communication to investors generally, either” and “I don’t think they communicated that to their investor base.”

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Erin Griffith

Downey is trying to make the point that Eisenman was demanding special information. He asked whether Eisenman knows that Theranos had no legal obligation to update him with “specific” and “individual” information he was requesting.

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Erin Griffith

In 2020 Eisenman emailed Holmes asking why Larry Ellison was no longer on the board. Holmes responded: “There is no new information to be shared with our investor base.”

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Erin Griffith

Eisenman testifies that he believes Holmes was hiding information from him. Downey tries to strike that, too, and the judge says no — “that was his understanding of his opinion.”

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Erin Griffith

The same dynamic is happening today. Downey asks about general rules around sharing information with investors and he pushes back about NDAs and the specific situation at Theranos. Downey strikes several attempted answers.

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Erin Griffith

Eisenman’s direct testimony also brought up some pretty wild emails between him and Holmes+Balwani. They basically treated him like a stalker for asking for more info and threatened legal action. And then, incredibly, he still invested more $$ after that!

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Erin Griffith

Eisenman was a difficult witness for the defense lawyers. He refused to go along with some of Kevin Downey’s yes/no questions and it got testy.

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Erin Griffith

🩸 “Our Holmes Matter” continues. 🩸 Full week of testimony in U.S. v. Holmes after last week’s announcement that the prosecution is likely to rest soon. Alan Eisenman, a Theranos investor, returns to the stand for cross-exam.

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Erin Griffith

Wrapping up. That’s all the blood for the week. Next week we’re going all five days! 🩸🩸🩸🩸🩸🩸🩸🩸🩸🩸🩸🩸🩸

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Erin Griffith

This is why boilerplate exists! It can (and will) be used as a weapon in court.

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Erin Griffith

Twice in a row, Eisenman goes on a rant that “this is what they call a boilerplate as you know” and Judge Davila cuts him off, telling him to answer the question asked. “I’m trying,” Eisenman says.

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Erin Griffith

Downey pulls up Eisenman’s investment agreement with Theranos which contains a legal disclaimer saying the company made “no assurances” it would ever go public. Eisenman pushes back that Holmes told him Theranos was talking to Morgan Stanley about an IPO in the next year.

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Erin Griffith

Eisenman: “Can I ask you what a ‘service frame agreement’ is? I don’t know what that means” Downey: “You cannot.”

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Erin Griffith

Kevin Downey, Holmes’s lawyer, is cross-examining Eisenman. Raising his voice a bit asking about his investment experience and about his conversations with Holmes. Pointing out that Eisenman only had one short call with Holmes before investing.

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Erin Griffith

Eisenman emails again asking for more info about potentially selling his shares. Balwani’s response: “Your emails are insulting full of inaccurate statements and wasteful of our time. Our next response to this email and all your future emails will come from our counsel.”

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Erin Griffith

Guy was told an IPO was coming almost a decade earlier and now can’t get a call back. He is now sending emails with PLEASE RESPOND!!! in the subject lines. And Balwani responds with “I already responded to you”

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Erin Griffith

Eisenman responds asking for more info and Balwani responds with this: Alan. I have no intention of responding to this email and explaining the tech and processes. Please stop sending me with emails everyday. thanks.

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Erin Griffith

Eisenman emails Holmes and Balwani a negative UBS report about Theranos. Balwani responds that it “sounds like an uninformed consultant”

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Erin Griffith

And despite all that, Eisenman STILL invested $99,990 into Theranos in 2013. Why? “This is called a seat at the table.”

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Erin Griffith

Before it was fundraising, Eisenman testifies that Sunny Balwani was “not only nonresponsive but aggressive with me.” “To say minimally, he was hostile for an extended period of time.”

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Erin Griffith

Then Theranos was raising money again and it sounds like *despite all of this drama* Eisenman was willing to invest more money!

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Erin Griffith

He responded: “It has been over 2 years since you have communicated with your investors. … Does this mean that you can’t or won’t communicate with me or the other investors?

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Erin Griffith

From there things got spicy. Eisenman reached out Don Lucas asking for information. Lucas forwarded it to Holmes and she responded: “Alan, we have communicated about this multiple times before yet you choose to continue going down this path. Elizabeth”

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Erin Griffith

In a May 2010 email, Eisenman asks Holmes whether the company hit the $200m revenue it predicted for 2009. In a later email, he testifies, Holmes said that goal was “stretched another year.”

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Erin Griffith

His push for more information about Theranos’s performance frustrated Holmes. “I was more proactive than most. … Management didn’t like the fact that I was trying to communicate and get information.” To solve that problem, Holmes offered to buy him out at a 5x return.

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Erin Griffith

Over time Eisenman asked Holmes to keep her quarterly updates coming and was denied. “There was no information coming from the company. To me that’s a sign of trouble.”

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Erin Griffith

Theranos told investors it would become cash flow positive by the end of ’08. Now we’re going on a break.

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Erin Griffith

In ’09 Theranos was telling Eisenman about huge demand for its cartridges. “These are numbers that are pretty astounding and create a pretty significant value for this company,” he said.

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Erin Griffith

Altogether Eisenman’s family invested just under $1.2m into Theranos. ($900k for him and his wife, $90k for each of three kids) His testimony follows a pattern that is very familiar by now: What he understood about what Theranos’s technology could do and how he learned it.

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Erin Griffith

Eisenman had many one-on-one calls with Holmes and she was the main source of info on the company. In 2006 Holmes was already saying she was talking to bankers about an IPO in the next 12-18 months and claiming $50m-60m in revenue in ’07 and $200m in ’08.

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Erin Griffith

Eisenman testifies that, around 2006, he was told that Larry Ellison was on Theranos’s board and was taking $20 million of an upcoming $30 million fundraise. “My understanding was these international pharma companies had adopted this tech in some of their clinical trails.”

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Erin Griffith

Alan Eisenman, a Theranos investor, is now on the stand. He was introduced to the company by the Holmes family’s financial adviser in Houston.

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Erin Griffith

Das testimony ends with a very awkward exchange where Wade prompted him to recall a quote from the Best Exotic Marigold Hotel. “Everything will be alright in the end and if it’s not alright, it’s not yet the end.” Why was that relevant? I dunno.

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Erin Griffith

Defense has spent time in testimony painting Holmes as an inexperienced person who could never have understood the details of how a lab works. Prosecution pointed out that she was CEO of the company and touted the patents she claimed to have written.

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Erin Griffith

We also heard more about the Holmes excuse for the lab problems — she blamed it on quality control issues, not the machines. Apparently that excuse was given to CMS in a letter that Das signed, even though he disagreed with that part.

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Erin Griffith

Dr. Das was asked in cross-exam about whether his decision to void the tests was “conservative.” In redirect, he was asked about it again and he said, “I was just following the data.”

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Erin Griffith

Back to cross-exam. We see an email in April 2016 from Dr. Das to Holmes titled “some good news, for once” — data from two valuations looked “excellent” he wrote, even though he was not “a fan of the studies themselves.”

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Erin Griffith

Now they’re doing a sidebar about scheduling, which I really wish would be a main bar so the press could have any sense whatsoever of what to expect and plan around…

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Erin Griffith

One issue: Eisenman, who invested in Theranos, apparently said something about punishment of Holmes in the hallway and defense is concerned about that. And secondly, they’re redacting a line from an email that says he had most of his net worth (‼️) tied up in Theranos

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Erin Griffith

During a break the lawyers are fighting over the upcoming testimony of Alan Eisenman.

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Erin Griffith

Wade makes it seem like Theranos was heroic for voiding the tests, given media scrutiny and stakes: It was a big decision to make to void all of the assays for their analyzers? It wasn’t necessarily something anyone wanted to do? The preference would be not to have to do that?

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Erin Griffith

Now Wade attempts to blame former lab director Adam Rosendorff (without mentioning that he resigned in frustration and leaked to WSJ). You recall the laboratory was not well-run when you joined? And that was why you were working to improve it?

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Erin Griffith

Now Wade blames Das: You’re familiar with Holmes’s background and training? She wouldn’t be qualified to serve as a lab director in a high complexity lab? But you were qualified? Ultimately the judgments were yours? You were responsible for the people working under you?

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Erin Griffith

We talk about all the people working on addressing the problems. Wade: “All these people were working hard and in good faith as they were undertaking these efforts, is that fair?” Das says yes (obviously).

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Erin Griffith

Wade is deflecting blame to Sunny Balwani, who was in charge of the lab. Before Dr. Das, lab directors reported to Balwani. When Das joined, he reported directly to Holmes, and Wade elicits testimony that this was a change designed to address the issues.

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Erin Griffith

Before Dr. Das joined Theranos, CMS inspected Theranos’s labs and issued a damning report about lab deficiencies, which we saw yesterday.

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Erin Griffith

🩸 “Our Holmes Matter” continues in San Jose. 🩸Holmes lawyer Lance Wade is questioning Dr. Das, Theranos’s final lab director. Yesterday he testified that he decided to void as many as 60k Theranos tests.