Tyler asked. A lot of people had seen that data, he said. The Journal could have gotten it from many other former employees.
“Elizabeth says it could have only come from you,” George said sternly.
Tyler stuck to his guns. He said he had no idea how the reporter had gotten his information.
“We’re doing this for you,” George said. “Elizabeth says your career will be over if the article is published.”
Without admitting anything, Tyler tried once more to convince his grandfather that Theranos was misleading him. He went over again all the things he had told him a year earlier, including the fact that the company performed only a small fraction of its blood tests on its proprietary Edison devices. George remained unconvinced. He told Tyler that Theranos had prepared a one-page document for him to sign affirming that he would abide by his confidentiality obligations going forward. The Wall Street Journal was going to publish Theranos trade secrets and those trade secrets would become public domain if the company didn’t show it had taken action to protect them, he explained. Tyler didn’t see why he had to do that but said he’d be willing to consider it if it meant the company would stop bothering him.
“Good, there are two Theranos lawyers upstairs,” George said. “Can I go get them?”
Tyler felt blindsided and betrayed. He had specifically asked that they meet without lawyers. But if he tried to duck out now, it would reinforce everyone’s suspicion that he had something to hide, so he heard himself say, “Sure.”
While George went upstairs, Charlotte told Tyler she was beginning to wonder whether the Theranos “box” was real. “Henry is too,” she said, referring to Henry Kissinger, “and he’s been saying he wants out.”
Before Charlotte had time to say more, a man and a woman appeared and strode aggressively toward Tyler. Their names were Mike Brille and Meredith Dearborn. They were partners at Boies, Schiller & Flexner. Brille told Tyler he had been tasked with finding out who the Journal’s sources were and had identified him in about five minutes. He handed him three documents: a temporary restraining order, a notice to appear in court two days later, and a letter stating Theranos had reason to believe Tyler had violated his confidentiality obligations and was prepared to file suit against him.
Tyler again denied having talked to a reporter.
Brille said he knew he was lying and pressed him to admit it, but Tyler stood firm. The lawyer refused to let it rest. He was like an attack dog. He continued to badger Tyler for what felt like an eternity. At one point, Tyler looked at his step-grandmother and asked her if she felt as uncomfortable as he did. Charlotte was glowering at Brille and looked like she was about to give him her right hook.
“This conversation needs to end,” Tyler finally said.
George came to his grandson’s help. “I know this kid, and this kid doesn’t lie. If he says he didn’t speak to the reporter, then he didn’t speak to the reporter!” he exclaimed. The former secretary of state ushered the two lawyers out of the house. When they were gone, he called Holmes and told her this was not what they had agreed upon. She had sent over a prosecutor rather than someone who was willing to have a civilized conversation. Tyler was ready to go to court the next day, he warned her.
Tyler felt his heart rate accelerate and his hands shake as he watched Charlotte grab the phone from George’s hand and heard her say, “Elizabeth, Tyler did not say that!”
George got back on the line and a compromise was reached: they would meet again at the house the following morning and Theranos would bring the one-page document they had originally discussed affirming that Tyler would honor his confidentiality obligations. Before hanging up, he implored Holmes to send a different lawyer this time.
* * *
—
THE NEXT MORNING, Tyler arrived at his grandfather’s house early and waited in the dining room. He wasn’t surprised when it was Brille who showed up again. Holmes was playing his grandfather like a fiddle.
The lawyer had brought along a new set of documents. One of them was an affidavit stating that Tyler had never spoken to any third parties about Theranos and that he pledged to give the names of every current and former employee who he knew had talked to the Journal. Brille asked Tyler to sign the affidavit. Tyler refused.
“Tyler isn’t a snitch. Finding