Benjamin Brafman, the newly retained attorney for indicted ex-pharmaceutical CEO Martin Shkreli, on Wednesday told a federal judge that he might seek to challenge prosecutors’ use of some emails between Shkreli and a Kaye Scholer attorney.
In early December, Eastern District Judge Jack Weinstein ruled that communications between Shkreli and attorney Evan Greebel were not privileged (NYLJ, Jan. 29). Greebel was a partner at Katten Muchin Rosenman and serving as outside counsel to biopharmaceutical company Retrophin when Shkreli was its CEO. The indictment against both, alleging a fraud scheme, cited their email exchanges.
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