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- Forever Chemicals—Forever Litigation?
John is joined by Chelsea Murtha, the Director of Sustainability at the American Apparel & Footwear Association; Jessica K. Ferrell, a partner at Marten Law LLP; and Joseph Paunovich, a partner in Quinn Emanuel’s Los Angeles and Salt Lake City offices. They discuss the legal challenges surrounding PFOS chemicals, also known as forever chemicals, including the impact of federal and state regulations, the history of PFOS litigation, and the difficulties of proving harm from their use in consumer products. They also discuss the need for companies to be proactive in managing these chemicals and claims, engage with policymakers, and ensure bulletproof marketing. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi
- Legal Challenges In AI
John is joined by Renny Hwang, Deputy General Counsel and Head of Litigation at OpenAI and former Head of Litigation at Google. They discuss the legal issues surrounding AI technology. Renny explains that he believes that existing law is well equipped to deal with copyright, fair use and product liability issues raised by AI, but the challenge the industry faces is that most people do not understand how AI works. He also explains that he believes other legal issues, such as corporate transparency and governance, might require new regulations. John and Renny discuss the likely impact of patent and trade secret law on the AI industry in light of the industry’s tendency to publish significant research and findings. They also discuss the effect of the absence of comprehensive federal AI regulation, including the difficulty companies have in to implementing different compliance regimes for different jurisdictions and the possibility that the European AI Act will become the de facto default standard for AI regulation globally. Finally, Renny explains that OpenAI is a mission-driven company focused on building safe and beneficial AI and that commitment is reflected in OpenAI’s Board-level Safety Committee.
- Asset Managers Minimize Risk with SEC
John is joined by C. Dabney O'Riordan, partner in Quinn Emanuel’s Los Angeles and DC offices and longest-serving leader of the SEC's Asset Management Unit, who left the agency last year. They discuss the actions an asset manager can take if it identifies a potential issue to minimize its risk of an SEC investigation or enforcement action. Among the actions they discuss for consideration include stopping the conduct and implementing remedial measures such as updating internal policies and procedures, providing additional training to staff, considering hiring a compliance consultant, and making remedial payments if appropriate.
- Brad Karp on Reinvention of Paul Weiss
John is joined by Brad Karp, Chairman of Paul, Weiss, Rifkind, Wharton & Garrison LLP. Brad explains how he led Paul Weiss to diversify its business beginning in the financial crisis of 2008, when its core business of litigation was still highly profitable, to become a global leader in private equity transactions, mergers and acquisitions and financial restructuring as well. He describes how he approached leading lawyers in these fields and convinced them to join the firm by emphasizing the firm’s profitability, reputation, culture, and client base and how each individual would fit into the firm’s existing business. Brad also explains the firm’s dramatic expansion in London in the summer of 2023 and why he does not foresee further significant international expansion in the future. John and Brad then discuss the recent trends in large law firms towards recruiting highly paid superstar lawyers and the growth of salaried or nonequity partners. They also discuss the major trends they expect to see in the future, including the increasing use of AI within the legal industry, the dramatic rise of litigation and regulatory investigations over the use of AI and the influence of climate change on every area of law practice. Finally, Brad describes his firm’s longtime commitment to actively taking on social justice and pro bono representations and the challenges of handling these engagements in today’s increasingly politicized environment.
- Aspects of Civil Litigation in India
John is joined by C. Dabney O'Riordan, partner in Quinn Emanuel’s Los Angeles and DC offices and longest-serving leader of the SEC's Asset Management Unit, who left the agency last year. They discuss the actions an asset manager can take if it identifies a potential issue to minimize its risk of an SEC investigation or enforcement action. Among the actions they discuss for consideration include stopping the conduct and implementing remedial measures such as updating internal policies and procedures, providing additional training to staff, considering hiring a compliance consultant, and making remedial payments if appropriate. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi
- AI Predicts Outcome of Motions
John is joined by Dan Rabinowitz, founder and CEO of Pre/Dicta Litigation Prediction Software. They discuss how, given only a case number, Pre/Dicta uses data points, already in its database, such as the gender, location, political affiliation, ethnicity, education, and the work experience of judges, parties, and lawyers to accurately predict the outcome of motions to dismiss 85% of the time. This prediction is made without knowing the nature of the case, the claims or the legal arguments. They also discuss the potential applications of this technology to litigation, including assessing the best forum to bring claims and understanding the impact of litigation events on publicly traded companies. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi
- Marc Kasowitz | Firm Partnership Changes
John is joined by Marc E. Kasowitz, Founder and Managing Partner of Kasowitz Benson Torres LLP. They discuss the increasing mobility of law firm partners, the rise of superstar lawyers with multi-year mega compensation deals and the growing number of salaried partners in large law firms and how those trends have changed compensation strategies and firm dynamics. The discussion then shifts to the cases Marc’s firm has brought on behalf of Jewish students and an organization of Jewish students against NYU, Columbia, Harvard, and the University of Pennsylvania for failing to protect Jewish students from the recent upsurge in anti-Semitic activity on those campuses. Marc explains the legal basis of the lawsuits in Title VI of the Civil Rights Act of 1964, the allegations that the universities have been deliberately indifferent to anti-Semitic conduct and attacks, and that the remedies sought are injunctive relief rather than monetary damages. Marc also explains his view that the universities’ behavior stems from a shared woke ideology that the world is divided into oppressors and oppressed and all actions, including violence, taken by the oppressed is allegedly justified. Finally, they discuss how the responses of many universities to these protests have resulted in silencing legitimate speech and the cancellation of many graduations.
- A Conversation With Jeffrey Toobin
John is joined by Jeffrey Toobin, celebrated author and legal analyst, who reflects on his extensive career in law and legal journalism. First, Jeffrey describes his legal background, including his clerkship on the Second Circuit which led to his years working for the Independent Counsel investigating the Iran Contra scandal (which led to his first book, Opening Arguments) and his years as an Assistant US Attorney. He also describes his years writing for the New Yorker and covering the OJ Simpson trial which led to his second book, The Run of His Life. Jeffrey then explains the writing process that has allowed him to complete nine books so far, including his strategy of writing about topics that have not been covered extensively by other authors, his absolute commitment to write 1,250 words per day for the project he is working on, and his habit of beginning to write each chapter in the middle and only writing the opening of the chapter later. John and Jeffrey then discuss why books on trials are so popular, including how trials are “perfect dramatic stages” and good trial lawyers are experts in both emphasizing the dramatic elements in stories and making issues interesting and meaningful to non-lawyers. Finally, John and Jeffrey discuss their favorite books about trial lawyers and personal insights into the most unforgettable lawyers Jeffrey has met including Johnnie Cochran, Barry Scheck, F. Lee Bailey and Justice Sandra Day O’Connor.
- Restructuring Litigation
John is joined by Susheel Kirpalani, partner in Quinn Emanuel’s New York office and founder and Chairperson of the firm’s Bankruptcy and Restructuring Group. They discuss restructuring litigation, including fraudulent transfer litigation and valuation disputes, and how it differs from commercial litigation. They also discuss the importance of building alliances with other stakeholders in the company, how much the practice is based on relationships and trust, and the opportunities that exist to design creative securities that allow a company to survive but also allow its creditors substantial recoveries. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi
- $581M Settlement in Banking Antitrust Case
John is joined by Dan Brockett, partner in Quinn Emanuel’s New York office and Chair of the firm’s Financial Institution Litigation practice. They discuss how Dan and his team recently recovered over $581 million from JPMorgan Chase, Morgan Stanley, Goldman Sachs, UBS, and Credit Suisse, as well as significant injunctive relief, in one of the largest antitrust class action settlements in history. They discuss how these large banks act as brokers profiting with little to no risk in $1.7 trillion stock loan market and how they allegedly agreed to boycott new technologies, particularly new electronic platforms, which posed a threat to the banks’ lucrative position. They also discuss how the case developed as a result of years of research by a Quinn Emanuel team at the firm’s expense, the five and a half year history of the litigation, and how a settlement was achieved in mediation after a Magistrate Judge recommended that the class be certified. Finally, they discuss the injunctive relief reforming the market that the Quinn Emanuel team was able to obtain. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi
- DOJ Sues Ticketmaster and Live Nation
John is joined by Kevin Teruya, Partner in Quinn Emanuel’s Los Angeles office and Co-Chair of the firm’s Antitrust & Competition Practice and Adam Wolfson, Partner in Quinn Emanuel’s San Francisco and Los Angeles offices who specializes in antitrust law. They discuss the recent antitrust case filed by the U.S. Department of Justice against Ticketmaster and Live Nation. Kevin and Adam explain how Live Nation provides nationwide concert promotion services while its subsidiary Ticketmaster sells concert tickets on both the primary and on the secondary markets and secures multi-year exclusive arrangements with a large percentage of the concert venues in the U.S. They also explain the companies’ history with the DOJ, including the consent decree entered into in 2010, the conditions and independent monitor imposed in that decree, and the decree’s extension for five more years in 2020. They then discuss the DOJ’s newly filed case alleging that the companies failed to comply with the decree and also created anti-competitive effects in the market resulting in higher fees for consumers. The DOJ alleges that the companies monopolized: (1) the market for primary ticketing services, (2) the market for large amphitheaters, and (3) the concert promotion business. The DOJ also alleges that the companies engaged in “exclusive dealing” arrangements through long term exclusive contracts with venues, and illegally tied concert promotion services to the use of venues with exclusive contracts with the companies. Kevin and Adam also explain the defenses Ticketmaster/Live Nation are likely to assert including that the concert promotion business is local, so market power in one location does not flow to others, that venues ask for exclusive arrangements, and that there is sufficient competition whenever these exclusive deals come up for renewal. They also discuss the likely testimony from industry competitors, venue operators and any performing artists who are willing to risk their income by challenging Ticketmaster/Live Nation. Finally, they discuss the pending consumer class action case against Ticketmaster/Live Nation that the firm filed before the new DOJ case and the likelihood that the DOJ case will trigger additional piggyback private antitrust cases against the companies.
- Inside the Michael Milken Prosecution
John is joined by Richard V. Sandler, partner at Maron & Sandler and author of Witness to a Prosecution: The Myth of Michael Milken. Richard is the personal attorney and life-long friend of Michael Milken. He represented Michael in the 1986 federal investigation and prosecution off Drexel Burnham Lambert, and its High Yield and Convertible Bond Department, a department Michael created and was head of. Michael was the most successful and innovative financier of his time and Drexel, an upstart investment bank, was the most successful securities firm on Wall Street, thanks to Michael. Led by Drexel, the high yield bond market grew rapidly from the end of the 1970’s from $70 billion to over $2.2 trillion dollars in 2022. John and Richard discuss the highlights of what happened in the case, the tactical decisions and key turning points, and the lessons to be drawn from this historic prosecution. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi
- Big Ticket Construction Arbitration
John is joined by James Bremen, Partner in Quinn Emanuel’s London office and Chair of the firm’s Construction and Engineering Practice. They discuss the complexities of construction litigation and arbitration, including the difficulty of litigating hundreds, if not thousands, of alleged breaches or deviations from the original contract, the ripple effect one change can have on a project’s schedule, and the issues a party must consider when deciding whether to terminate a contract. They also discuss the multiple parties and jurisdictions that may be involved in a dispute, the wide variety of experts who often testify, and the importance of selecting attorneys, mediators, arbitrators, and, when possible, judges who are familiar with this practice area, including the language and the specialized contracts involved. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi
- FTC’s Nationwide Ban On Non-competes
John is joined by Kimberly Carson, Partner in Quinn Emanuel’s New York Office. They discuss the FTC’s recent rule banning contractual noncompete provisions in employment agreements nationwide. Kimberly explains that the new rule bans employers from enforcing existing noncompete provisions, entering new noncompete provisions, and representing that workers are subject to noncompete provisions. She also explains the exceptions to the new rule for existing noncompete provisions with senior executives who have final authority to make significant policy decisions, non-competes connected to the bona fide sale of a business, claims that have already accrued, and good faith mistakes about the applicability of the new rule. John and Kimberly also discuss the lawsuits that have been filed challenging the FTC’s new rule contending that the ban exceeds the FTC’s statutory authority, is impermissibly retroactive, and is supported by limited evidence and a flawed cost/benefit analysis. The court hearing these challenges has indicated it intends to rule on a preliminary injunction motion on July 3, 2024, before the rule would go into effect on September 3, 2024. Finally, they discuss some other avenues, other than non-competes, that companies have to protect their goodwill, trade secrets and investments including trade secret litigation, fixed duration contracts, provisions requiring employees to repay bonuses if they leave a company within a certain time, and “garden leave” provisions under which employees stay on the company payroll and are still subject to contractual and fiduciary duties for a time period after they are fired or resign.
- Litigation in the ADGM Court
John is joined by Richard East, Founder and Senior Partner in Quinn Emanuel's London office. They discuss Richard’s extensive experience litigating in the Abu Dhabi Global Markets (ADGM) court, including Richard’s experience winning the only case that has gone all the way from beginning through trial and judgment in the ADGM. They discuss the ADGM Court’s unique features as a common law English court within the Abu Dhabi court system, the broad jurisdiction rules, which allow companies present in the ADGM to sue and be sued by foreign defendants, and the extremely modern digitized court facilities that allow parties to present their case efficiently through electronic transmissions. They also discuss the NMC Healthcare case, where Quinn Emanuel’s actions in the ADGM Court played a crucial role in protecting the company from creditor claims and facilitating a restructuring that allowed the company to emerge and trade as a solvent group. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi