John is joined by Alex Bäcker, the founder of Lawbotics, who was named IT Executive of the Year by the International Business Awards, and Ryan Landes, a partner at Quinn Emanuel’s Los Angeles office. They discuss generative AI and its impact on litigation. In particular, they discuss the impact generative AI will have on factual discovery, including document and deposition review and analysis, as well as legal research and writing. They also discuss current limitations of generative AI, including limitations on material available to train the AI or for the AI to reference, fictional answers AI can generate, the lack of citations, and AI’s tendency to generate the most common responses rather than the best responses. For more information on Lawbotics AI: www.lawbotics.ai visit their website! If you enjoy this episode, please leave a like, review, or comment on Apple Podcasts, Spotify, or any major podcast platform. Check out all the latest episodes at: www.law-disrupted.fm Keep up to date with John Quinn on Twitter: @jbqlaw Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi​

John is joined by Christopher G. Michel, Partner in Quinn Emanuel’s Washington, D.C. office and John Bash, Partner in Quinn Emanuel’s Austin Office, the two Co-Chairs of the firm’s National Appellate Practice. They discuss several far-reaching decisions handed down by the U.S. Supreme Court at the end of its most recent term that significantly affect how the federal government will be able to regulate businesses. First, John Bash explains the decision in Loper Bright Enterprises v. Raimondo, in which the Court over-turned the 40-year-old Chevron doctrine, which required courts to defer to the interpretation of ambiguous statutes adopted by the administrative agencies that implement those statutes. He also explains the decision in Corner Post, Inc. v. Board of Governors, in which the Court ruled that the six-year statute of limitations for a plaintiff to challenge federal regulations runs from when the regulation first affects the plaintiff, not from when the regulation is promulgated. They then discuss how Corner Post and Loper Bright together will potentially allow businesses to overturn agency interpretations of statutes that were established decades ago. Chris explains the decision in SEC v. Jarkesy that when an agency brings a case that would typically require a jury at common law, the defendant is entitled to a jury trial in a federal court rather than a trial before one of the agency’s administrative law judges. Chris also explains the Court’s decision in Harrington v. Purdue Pharma L.P., which held that a bankruptcy court may not grant a release of claims against non-parties to a bankruptcy unless the alleged victims consent to the release, and how the decision will affect large bankruptcy proceedings going forward. They then discuss Moody v. NetChoice, LLC, in which the Court expressed skepticism about state laws in Texas and Florida that prohibited social media companies from engaging in certain forms of content moderation, but remanded the case for further proceedings. Finally, they discuss Macquarie Infrastructure Corp. v. Moab Partners, in which the Court ruled that “pure omissions” are not actionable under SEC Rule 10b-5 and a Rule 10b-5 claim must always be based on a statement that is either false or misleading on its own or rendered misleading by a material omission.

John is joined by Dan Webb, the Co-Executive Chairman of Winston & Strawn, LLP and one of the most distinguished trial lawyers in the United States. John and Dan discuss how Dan recently won a $104.6 million verdict against Ford Motors in a trade secret case in Detroit. They discuss how Dan selected a jury in a city where the most of the jury pool has a direct connection to the other side and how he made complex technical issues simple for a jury through careful storytelling and visual aids. They also discuss how to stay on top of the trial lawyer game even after several decades of unparalleled success. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi​

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

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.

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.

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.

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​

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

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.

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.

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​