Law, disrupted｜法律访谈 - 节目列表

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.

John is joined by Dr. Ron A. Dolin, Lecturer at Harvard Law School, Senior Research Fellow at Harvard Law’s Center on the Legal Profession and co-author of the textbook, Legal Informatics. Together they discuss how recent advances in technology will impact the law and the practice of law. 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 Jim Wilkinson, Executive Chairman of TrailRunner International and Former White House Director of Communications. They discuss the art of preparing witnesses to testify before congressional committees which is very different than testifying in court. This includes the importance of researching the members of Congress who will question the witness, knowing the discussions occurring in online forums each member frequents, and the four to six categories of questions they are likely to ask. Using specific examples, they also discuss the importance of knowing and using “megatrends” in public opinion, the advantages of having a few key metaphors or “haymakers,” and the importance of preparing three or four “pivot points” to turn the force of an aggressive question away from the witness. Finally, they discuss the role counsel can play in preparing the witness including researching evidence that makes the witness’s points, helping the witness to make their key arguments cogently, and providing confidence that their testimony will not create any legal jeopardy.

In this episode of Law, disrupted, host John B. Quinn joins Christopher Tayback, managing partner of the Los Angeles Office of Quinn Emanuel Urquhart & Sullivan. John served as General Counsel of the Academy for over 30 years, and both Chris and John have represented the Academy in various legal matters for decades. In this podcast, they share details of some well-known legal issues the Academy has faced. Together they discuss the uniquely important intellectual property issues the Academy has addressed over the years, including the copyright and trademark protections afforded the ceremony’s famous statuettes as well as the use of the name “Oscars” and “Academy Awards.” They also cover the seminal “Creative House” litigation that established the propriety of the Academy’s intellectual property rights in the statuette itself, as well as efforts to enforce the Academy’s “right of first refusal,” which prohibits award winners and their heirs from selling their statuettes. Finally, John and Chris weigh in on the fundamental issues that the Academy faces as motion pictures are now increasingly viewed and premiered on television as opposed to in theaters. Created & produced by Podcast Partners: www.podcastpartners.com Sign up to receive updates by email when a new episode drops at: www.law-disrupted.fm Music by Alexander Rossi www.alexanderrossi.me Producer www.alexishyde.com Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi

John is joined by Major Ben Wahlhaus who serves in the International Law Department of the Israel Defense Forces. They discuss the application of the international law of armed conflict to the current operations in the Gaza Strip, including the sources of that law and the role that the International Law Department of the IDF plays in trying to assure compliance. They also discuss the three cardinal principles of targeting: distinction (which prohibits intentionally targeting civilians or civilian objects), precautions (which requires taking all feasible measures to mitigate civilian harm), and proportionality (which for each individual attack requires balancing the anticipated military advantage against the expected civilian harm) and the rules, procedures, and policies the IDF has in place to follow these principles in every attack. They also discuss the distinction between war crimes and crimes against humanity and apply both legal standards to the actions of Hamas and the IDF after October 7. They discuss Major Wahlhaus’ day to day activities as a lawyer adviser to the IDF. Finally, they discuss the action South Africa brought before the World Court alleging that Israel is currently engaged in war crimes as well as genocide, including the Major’s role as part of Israel’s defense team and the evidence presented concerning Israel’s efforts to mitigate civilian harm.

Despite the COVID-19 health crisis and extreme levels of market volatility, the private equity market has been on fire. In this episode of Law, disrupted, John Quinn joins Brad Berenson, Partner and General Counsel at TPG, and Chris Green, Managing Director and General Counsel at Bain Capital, two of the largest private equity firms in the world. Having both navigated the challenges presented by the pandemic, Brad and Chris describe how this period of time has showcased what’s valuable and differential about private equity, relative to other asset classes. They contest critics’ views that the industry operates under a model of “financial engineering and cost-cutting,” outlining how private equity has provided businesses with access to capital, job preservation and business protection through turbulent times. John and his guests discuss the new disclosure rules proposed by the U.S. Securities and Exchange Commission (SEC), which presage sweeping regulatory and enforcement changes under the Investment Advisers Act. Aimed at increasing transparency from private companies, the SEC’s proposed rules represent an unprecedented level of scrutiny and oversight from the commission, striking at the heart of how the industry has historically done business. Together, John, Brad and Chris analyze how—if adopted—the rules will impact private fund investor reporting and documentation, evaluating whether these proposed rules miss the mark of increasing competition and reducing regulatory burdens. They then discuss a new chapter in antitrust law and the regulation of mergers and acquisitions. In particular, they discuss the apparent shift that merger control agencies seem to be taking from focusing on consumer welfare and competition towards focusing on protecting other interests, such as organized labor, small businesses or environmental concerns. They explain how this transition has led to additional scrutiny for potential deals that pose little risk under traditional antitrust analysis, which delays and injects uncertainty into commercial activity. John and his guests also examine the importance of ESG analysis when considering potential investments, and the ways ESG metrics are presently measured, such as a business's carbon footprint and climate-related risks. They also address ways in which private equity firms have been able to address ESG concerns more quickly than many public companies. The conversation turns to the potential liability of private equity firms as sponsors and the economic importance of respecting corporate forms, limiting any upward flow of liability from portfolio companies to private equity firms and their investors. This requires that private equity firms remain mindful of their governance role on their portfolio companies’ boards, avoiding actions that could support “alter ego” liability. Additionally, John and his guests discuss the dual roles of appointed directors on portfolio companies’ boards and how to prevent problems from arising, particularly in the context of protecting attorney-client privilege. They then conclude by covering some of the legal issues surrounding continuation funds, including how to protect the economic interests of limited partners when assets are rolled over into a continuation fund. Created & produced by Podcast Partners: www.podcastpartners.com Sign up to receive updates by email when a new episode drops at: www.law-disrupted.fm Music by Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi​

John is joined by Hisaya Kimura, Senior Counsel in the Tokyo office of Nagashima Ohno & Tsunematsu. They discuss aspects of the Japanese legal system, including Japan’s historical adoption of the German civil procedure system and subsequent incorporation of elements, such as cross-examination, of the American system. They also discuss how Japanese litigants typically exchange multiple detailed briefs covering both factual and legal issues in detail for years before trial followed by trials that last less than a day with only one witness testifying for each side. They also discuss key differences between Japanese and American litigation, including the absence of discovery, juries, and punitive damages in Japan as well as the application of the beyond reasonable doubt standard in civil litigation. Finally, they discuss recent changes to the legal profession in Japan, including the expansion of Japanese law firms beyond litigation to include advice on regulatory, M&A and competition issues, the expansion of leading Japanese firms into international markets and the impact foreign firms have had by opening Japanese offices.

In this episode of ‘Law, disrupted,’ John is joined by Michael T. Lifrak, partner in Quinn Emanuel’s Los Angeles office, and Ellyde R. Thompson, partner in Quinn Emanuel’s New York office. Together, John, Michael and Ellyde discuss the recent class action securities suit against Elon Musk, based on his August 7th, 2018 tweet about taking Tesla private. They discuss how Michael and Ellyde’s team obtained a complete jury verdict in Mr. Musk’s favor that denied the plaintiffs any recovery for their $12 billion in alleged market losses. Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi

John is joined by Temi Omilabu, an associate in Quinn Emanuel’s New York office. They discuss her remarkable journey from her childhood in Lagos, Nigeria, to becoming a trial lawyer at Quinn Emanuel, including the adjustments she had to make moving from Lagos to first Florida then Texas, her years at Case Western University where she earned her Master’s degree in Bioethics and her work after graduating for two global health-focused nonprofits. They also discuss her love of advocacy and storytelling that led her to law school, her internship in the Manhattan District Attorney’s Office and her post-law school fellowship in the General Counsel’s Office at Yale. Finally, they discuss how Temi’s interest in litigation lead her to Quinn Emanuel’s New York office, where she immediately started working on depositions and on multi-district litigation and went to trial in a pro bono case within her first year with the firm.

John is joined by Kathleen M. Sullivan, senior counsel in Quinn Emanuel’s Los Angeles office and Founding Chair of the firm’s National Appellate Litigation practice, and Derek L. Shaffer, partner in Quinn Emanuel’s Washington, DC office and Co-Chair of the firm’s National Appellate Litigation practice. Together, they discuss what appellate lawyers do: how they reverse bad trial outcomes, preserve good trial outcomes and help trial teams to make sure the trial record includes everything necessary for a successful appeal. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi

John is joined by Emmanuel Givanakis, the CEO of Abu Dhabi Global Markets Financial Services Authority (ADGM). They discuss the growth of the ADGM as a leading international financial center based on its unique structure as an independent free zone within Abu Dhabi in which English common law directly applies and judges from the UK and other common law countries hear cases in an independent common law court. They discuss the role the ADGM plays in diversifying Abu Dhabi’s economy away from the oil and gas industry, the importance of providing legal certainty to attract investors, and how the ADGM chose aspects of corporate, insolvency and financial services legislation from the UK, Australia and international financial regulatory groups to craft its own financial legislation that reflected international “best practices” that would be familiar to investors from any continent. They also discuss how the ADGM has implemented legislation regarding FinTech, digital assets and carbon markets and how AI can promote regulatory compliance. Finally, they discuss challenges the ADGM may face in the future including the possibility of a global recession, geopolitical issues in the region, as well as the importance of allowing capital to move freely into and out of the region.

John is joined by Michael A. (Mike) Brown, partner at Nelson Mullins and founder of the firm’s Baltimore office. Together, John and Mike discuss the process of successfully selecting a jury, including the importance of getting the jury to open up about their biases by disclosing some of your background or opinions and encouraging those jurors who voice biases against your client to speak freely. In addition, they discuss some of their favorite questions to ask to elicit biases from jurors who are reluctant to disclose them. Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi #lawdisrupted Podcast Link: Law-disrupted.fm Host: John B. Quinn Producer: Alexis Hyde Music and Editing by: Alexander Rossi #lawdisrupted