and Boies discussing raising cattle, which Boies had some experience
with from the ranch he owned in Napa Valley. When the conversation
eventually turned to the matter at hand, Underhill said both sides
would be better off settling the case. If, however, the Fuiszes remained
intent on pressing forward with the trial, they should know that
matters would be revealed that would destroy John Fuisz. Underhill
didn’t specify what nor did he say this menacingly. He made it sound
as though he liked John and it would pain him to see him get hurt.
There was some irony to Underhill’s threat to air dirty laundry about
John. The two of them had once been colleagues at McDermott Will &
Emery and had shared a secretary. Underhill had left McDermott not
long after John had made a sexual harassment complaint against him
on the secretary’s behalf to the firm’s human resources department.
(Underhill denies any untoward behavior and says his departure from
McDermott to join Boies Schiller was already in motion.)
The prospect of new damaging information coming out about his
brother added yet another worry to Joe’s long list, but the truth was
that he and his father had come to the meeting ready to settle. It didn’t
take long for an agreement to take shape: the Fuiszes would withdraw
their patent in exchange for Theranos withdrawing its suit. No money
would change hands; each party would remain responsible for its legal
costs. It amounted to a complete capitulation on the Fuiszes’ part.
Elizabeth had won.
Boies insisted they draft the agreement right then and there. He
wrote the terms down on a piece of paper and passed it to Joe, who
made a few modifications. Underhill then took it upstairs to have it
typed up. As they waited for Underhill to return, Richard Fuisz
complained once more that Elizabeth’s theft accusation was false.
Playing the part of the magnanimous victor, Boies allowed that that
might be the case but he had a client to answer to.
Fuisz asked Boies if he could do something for John. His son’s
reputation had been unjustly sullied, he said. Underhill had previously
raised with Joe the notion that Boies Schiller could refer patent work
to John if he signed a release promising not to sue Elizabeth or the
firm. Boies repeated that offer. He would need to wait six months for