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ARTICLE · 02 FEBRUARY 2021

COVID-19 Misrepresentations: Blood Is Thicker Than Water

Proskauer Rose LLP
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Thanks to HBO's documentary, "The Inventor: Out for Blood in Silicon Valley," and a barrage of media coverage about Elizabeth Holmes and her defunct company, ...

United StatesCoronavirus (COVID-19)

Thanks to HBO's documentary, "The Inventor: Out for Blood in Silicon Valley," and a barrage of media coverage about Elizabeth Holmes and her defunct company, Theranos, it is unmistakable that big misrepresentations can lie in public statements regarding miniscule quantities of blood.

This lesson proved true again last month, when the CEO of Decision Diagnostics, a pharmaceutical testing company, widely publicized that the company could accurately test for COVID-19, providing near-instant results with only a finger-prick of blood. In one press release, the CEO, Keith Berman, went so far as to say the COVID-19 testing would be "commercial ready" by summer of 2020.  The market took note, and the company's stock soared (by a whopping 1,200%) following Berman's statements.

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