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BCLP Partner Andrey Spektor was quoted Dec. 5 by The Wall Street Journal concerning Elizabeth Holmes’ defense centering on a purported mental defect, which could launch the argument that she did not have the requisite state of mind to purposefully defraud patients and investors.  Perhaps more importantly, the Journal noted, the defense could also be used to solicit sympathy from the jury for Ms. Holmes’ alleged abuse by co-defendant Ramesh “Sunny” Balwani. “Sympathy in a case like this is actually more important than a piece of evidence that is admissible or an argument that is appropriate,” said Andrey, a former federal prosecutor. “Jurors may think the right person to punish is Balwani.”

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