Law, disrupted｜法律访谈 - 节目列表

John is joined by three of Quinn Emanuel’s newest partners, K. McKenzie Anderson, Partner in Quinn Emanuel’s New York office; Jodie Cheng, Partner in Quinn Emanuel’s San Francisco office; and Ryan Rakower, Partner in Quinn Emanuel’s New York office. They discuss the very different paths they took to becoming partners at the firm. Ryan grew up and went to law school in New York City where, after clerking for a judge, he joined Quinn Emanuel’s New York office. His practice centers on civil commercial disputes representing private investment firms and insurance companies and he has spent his entire career at the firm. McKenzie grew up in Oklahoma, the latest in a long line of lawyers in her family, swearing that she would never become a lawyer. She worked in Moscow, Russia, for several years before eventually going to law school and starting her legal career at Quinn Emanuel’s New York office. She became a prosecutor with the U.S. DOJ for several years before returning to Quinn Emanuel where she practices in white collar criminal defense work and investigations as well as regulatory matters while working remotely from her home in Oklahoma. Finally, Jodie grew up in San Francisco in a family of engineers and became intrigued with intellectual property litigation. She spent the first four to five years of her legal career at one of the largest law firms in the world then pivoted to become a solo practitioner for four years before joining Quinn Emanuel where she does intellectual property litigation in the semiconductor and chip design, AI and machine learning, and medical device industries. They also discuss their motivations to be the best at what they do and the importance to them of working in a collaborative environment. Finally, they discuss the inherent anxieties of life as an associate and offer their suggestions to younger lawyers on how to succeed despite those anxieties.

In this episode of Law, disrupted, John is joined by Nasser Alrubayyi. Nasser is a partner at Quinn Emanuel. He represents and defends international and domestic corporations in a wide assortment of litigation and arbitration cases. Together they discuss the modernization of law, the legal profession, legal process, and judiciary in the Kingdom of Saudi Arabia and how that relates to promoting foreign investment, including in the mining industry, tech, and life sciences. John and Nasser discuss how Saudi Arabia is currently the fastest-growing economy in the G20, which has led to significant investments in the sectors of the future such as biotech, and education logistics, in addition to oil and gas investment. They note that this growth depends upon a robust legal system that investors have started to have confidence in. Nasser explains that the legal system is not based upon either common law nor civil law; rather, it is a hybrid, drawing on traits of both. Saudi Arabia has a written constitution, drawing on Sharia sources denoted from Islam, as well as different laws issued by government bodies relating to particular issues. Nasser then explains Sharia law, more specifically, its two primary sources, the holy Qu’ran and Sunnah, referring to the sayings and actions of the prophet Muhammad PBUH. In addition, there are other sources, such as the consensus of the companions of Sharia scholars. He describes the laws pertaining to procedural matters, such as Saudi companies' law and legislation that discusses substantial issues like personal status laws. Together John and Nasser discuss the procedure behind a significant new law being enacted, walking through the process step-by-step from start to finish, including the role of the Council of Ministers. John then steers the conversation toward understanding the recent developments that have taken place in the Kingdom to attract greater foreign investment. Nasser describes how Saudi Vision 2030 is a key driving force in the Kingdom of Saudi Arabia’s push to make it a more friendly destination for foreign investment. He notes that since the approval of Vision 2030, many laws have been amended, and new laws have been enacted to make the Saudi Arabian market more attractive to foreign investors. John and Nasser discuss the enactment of the new mining and investment law as an example of one such law. The law aims to accelerate foreign investment in the mining sector by adopting international best practices, including reducing administrative discretion, bureaucracy, and obstacles to obtaining required licenses. The law also establishes clear timelines for the Saudi entities to respond to requests from investors, as well as an online system that enables investors to track their license applications and know where in the process they are. Nasser notes that while great strides have been made, more work is needed to promote the Kingdom. John and Nasser discuss the Future Investment Initiative (FII) conference in Saudi Arabia, an excellent example of how the Kingdom seeks to play a crucial role in the global economy. The discussion then turns to understanding the Saudi judiciary and the importance of a fair, just, and practical system. Nasser explains the Saudi court system and how proceedings have been made more effective through the use of digital communications. He notes that the majority of cases are now heard and accessed remotely, online. John and Nasser also discuss the path to becoming a judge in Saudi’s judiciary system and recent investments to provide judges additional training as well as more assistants to help them prepare Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi​

John is joined by the Attorney-General of the Republic of Singapore, Lucien Wong, SC. Attorney-General Wong explains that under Singapore’s constitution, his office is an independent organ of the state which does not answer to either the cabinet or the legislature. His office includes four divisions: the criminal division which conducts all prosecutions in Singapore, the civil division which advises government ministries and agencies as well as representing the government in civil court cases and arbitrations, the legislative drafting division which drafts all legislation in Singapore, and the international affairs division which protects Singapore’s interests on the international legal stage. Attorney-General Wong also explains that he is the Chairman of the Legal Service Commission which employs all lawyers working in his office and is independent from the Public Service Commission, which employs all other civil servants in Singapore. They discuss the case where, less than a month after he became Attorney-General, Malaysia brought an action against Singapore in the International Court of Justice to reclaim an island off the coast of Singapore, requiring Attorney-General Wong to become an international lawyer overnight. Finally, they discuss Singapore’s use of caning as a criminal punishment, including how the practice originated in India’s penal code which Singapore inherited upon achieving independence, its value as a deterrent, and that Singapore’s reputation as a clean, efficient, civil society might be attributable in part to the deterrent effects of its criminal punishments.

In this episode of Law, disrupted, John is joined by Mark Lanier, Founder of the Lanier Law Firm. Mark is consistently recognized as one of America’s premier civil trial lawyers. Together John and Mark discuss the $650.6m award Mark recently won on behalf of two Ohio counties in a bellwether trial against CVS, Walgreens & Walmart for their role in the opioid crisis. John and Mark begin by discussing the basis of the claims against these pharmacies. Mark explains that because opioids are controlled substances, pharmacies must ensure that a prescription is valid and proper before filling the prescription. Further, pharmacies must notice and resolve any red flags that arise in connection with a prescription before filling it. Mark provides several examples of potential red flags, including (a) several seemingly healthy people presenting prescriptions for the same dose of the same medicine written by the same doctor, (b) a prescription from a doctor located so far away that the customer had to drive by many other pharmacies that could have filled the prescription, or (c) the customer paying for other prescriptions with insurance, but paying cash for the opioids. John then turns the discussion to how Mark proved at trial that these pharmacies violated their duties on a systemic basis. They discuss the statistical evidence that Mark presented, including the methodology Mark used to sample an appropriate number of prescriptions to see how many raised red flags and how many times the pharmacies resolved those issues before filling the prescriptions. This analysis showed that the pharmacies ignored the vast majority of prescriptions, which raised red flags. John and Mark also discuss policies that stores adopted preventing pharmacists from investigating red flags, including requirements that prescriptions be filled in 15 minutes or less. They then discuss the defenses Walmart, Walgreens & CVS presented, that they each sold only a small percentage of the opioids sold in the two counties, so their actions could have had only a minimal effect on the opioid crisis. Mark recounts how the defendants’ statistical expert illustrated this point to the jury using pie charts and how he was able to turn those charts against the expert in cross-examination. The conversation then moves to the damages phase of the trial, including injunctive relief. Mark explains why he focused his presentation on injunctive relief, particularly the costs of the actions the counties would have to take to control the opioid crisis over the next 15 years, rather than estimating the damages incurred to date. They discuss the remediation plan Mark first presented, the defendants’ attempts to poke holes in it, and the scaled-down plan Mark ultimately presented to the court. John and Mark then discuss what the $650.6m judgment for two small counties in one state would mean when extrapolated to the country as a whole. They explore how these enormous numbers have led the pharmacies to re-evaluate their potential national exposure and the effect this has had on their settlement posture in other cases. They also discuss the current state of opioid litigation in general, including the three buckets of plaintiffs (governmental entities affected by the crisis, opt-outs and hospitals and other healthcare institutions) as well as the three buckets of defendants (manufacturers and importers of opiates, opiate distributors, and pharmacies) and where each group currently stands in terms of litigation and settlement. John then turns the discussion to the arguments the pharmacies will raise on appeal. Mark explains the pharmacies’ arguments that the case is an unwarranted extension of the law of nuisance, their arguments against the joint and several liabilities, as well as their claim that the jury was tainted by one juror’s alleged misconduct. Finally, John and Mark discuss some of Mark’s other remarkable trial wins, including the $118m he won in a case that he had earlier offered to resolve for $10,000. This leads to a discussion of how experienced and thoughtful trial lawyers avoid posturing and candidly negotiate the best possible settlements for their clients. They end by discussing Mark’s recent decision to open an office in the United Kingdom, a decision driven by recent changes to mass tort law in the United Kingdom. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi​

John is joined by one of the most successful trial lawyers in the US, Jon Loevy, co-founder of Loevy & Loevy. Together, they discuss the $228 million jury verdict Jon won in the first trial brought for violations of Illinois’ unique Biometric Information Privacy Act (BIPA). They explain the BIPA statute, focusing on the landmark suit Jon brought against BNSF Railway Co., including the history of the litigation, the trial itself, the course of settlement negotiations, and the implications of the case for the future of privacy litigation.

John is joined by David A. Nelson, a partner in the Chicago office of Quinn Emanuel & co-chair of the firm’s National Intellectual Property Litigation Practice. David is widely recognized as one of the most successful patent trial lawyers in the United States. They discuss how trying patent cases is different than trying other commercial cases. They also discuss how to win patent cases at trial including the importance of developing common sense explanations for technical arguments, developing a consistent narrative from the beginning, and using fact witnesses to bring life to your technical arguments. 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 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.