Law, disrupted
Law, disrupted
Law, disrupted is a podcast that dives into the legal issues emerging from cutting-edge and innovative subjects such as SPACs, NFTs, litigation finance, ransomware, streaming, and much, much more! Your host is John B. Quinn, founder and chairman of Quinn Emanuel Urquhart & Sullivan LLP, a 900+ attorney business litigation firm with 29 offices around the globe, each devoted solely to business litigation. John is regarded as one of the top trial lawyers in the world, who, along with his partners, has built an institution that has consistently been listed among the “Most Feared” litigation firms in the world (BTI Consulting Group), and was called a “global litigation powerhouse” by The Wall Street Journal. In his podcast, John is joined by industry professionals as they examine and debate legal issues concerning the newest technologies, innovations, and current events—and ask what’s next?
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Top 10 Law, disrupted Episodes
Goodpods has curated a list of the 10 best Law, disrupted episodes, ranked by the number of listens and likes each episode have garnered from our listeners. If you are listening to Law, disrupted for the first time, there's no better place to start than with one of these standout episodes. If you are a fan of the show, vote for your favorite Law, disrupted episode by adding your comments to the episode page.
07/25/24 • 49 min
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
05/29/24 • 41 min
In this episode of Law, disrupted, John is joined by Lucas Bento, Of Counsel in Quinn Emanuel’s New York office. Bento is the author of The Globalization of Discovery: The Law and Practice under 28 U.S.C § 1782 (Section 1782), the first and only book to discuss the law pertaining to that Section. John and Lucas discuss how, under Section 1782, parties to proceedings outside of the US can invoke discovery procedures inside the US in aid of those foreign proceedings. John notes how many foreign lawyers he talks to complain about the relatively burdensome US discovery system. Yet they also envy it, especially if you’re a plaintiff. US law has a procedure to achieve US-style discovery of evidence or witnesses located in the US – Section 1782 of Title 28 of the United States Code.
The conversation begins by outlining what exactly Section 1782 is. Lucas notes it's a federal statute that allows a party to a foreign proceeding to gain access to US discovery procedures and evidence (including documents and depositions) for use in the foreign proceeding. Historically, one would need to use letters rogatory or go through the Hague Convention on the Taking of Evidence. But Section 1782 provides many advantages over those tools. For example, under the Hague Convention, US-style depositions are not available; however, under Section 1782, if there is a witness subject to the jurisdiction of the US courts, they could be served with a subpoena and get a complete US-style deposition. Lucas highlights how powerful a tool §1782 can be, working as a global evidentiary X-ray machine.
John asks how one invokes §1782, with Lucas highlighting the application process and the necessary requirements that must be met in order for the application to be processed successfully. If the court authorizes the application, the discovery target can be subpoenaed immediately, making it a very contentious issue. They dive deep into the logistics and Intel discretionary factors of Section 1782 and how these can impact the success of an application.
John notes how US discovery is not loved around the world – with foreign jurisdictions hostile to the US’s broad processes. In discussing the types of foreign proceedings that qualify under Section 1782, Lucas states that you can obtain US-style discovery as long as the foreign proceeding is pending or within reasonable contemplation – something you can’t typically do in the US. However, there are some limitations and boundaries in place, such as the fact that people can’t use §1782 to fish around and see if someone has a claim in the first place, or use it for private arbitrations.
The conversation moves on to discuss what the future of the law surrounding Section 1782 will look like in the future. Lucas believes its trajectory is on the assent, with more applications being made, which only gives the courts more issues to unpack and define. He argues that Section 1782 is now becoming a routine consideration across the entire legal industry, noting that the statute can be a bastion of truth in a world struggling with fake news and widespread disinformation. The use of legal tools, such as Section 1782, to discover facts can be a means to achieve fairer and more just decisions around the world.
Finally, John and Lucas discuss how foreign litigants must act fast and hire qualified US counsel to assist in the use of Section 1782. Lucas notes how relevance is important, although it is still a very broad term in general, and explains why the timing of the application is crucial.
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
The Korean Civil Justice System
Law, disrupted
04/10/24 • 39 min
John is joined by Professor Song Sang-Hyun, retired Professor of Law at Seoul National University and former President of the International Criminal Court. Professor Song explains the origins of the Korean civil justice system which is based upon the German system by way of Japan. He discusses how after World War II, American Army officers drafted many of Korea’s statutes and, in the past two decades, American law in fields such as corporate law, shipping and aviation law, antitrust law, securities regulations, intellectual property, and class action lawsuits have increasingly influenced Korean law. They then discuss Korean pretrial practice which does not involve voluminous document discovery or any depositions and often involves the trial judge also acting as a mediator. Professor Song explains some of the unique aspects of Korean trial practice including Korea’s recent adoption of juries that render advisory decisions on disputed facts and that cases average less than a year from filing through trial. They also discuss that the loser must pay the winner’s attorneys’ fees, although, in practice, courts tend to award less than all the fees incurred. Finally, they discuss some of the emerging issues in Korean law including labor, environmental and privacy law as well as the protection of personal information.
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
11/02/22 • 40 min
In this episode of ‘Law, disrupted,’ John is joined by Eric Winston, a Quinn Emanuel partner in the Los Angeles office. Eric is one the firm’s insolvency and restructuring partners. He is based in Los Angeles and appears in case around the country.
Together, they discuss the Aearo bankruptcy case in Indianapolis, Indiana – a case where Aearo’s (solvent) parent, 3M Company, tried (but failed) to use Aearo’s bankruptcy to enjoin the largest MDL litigation in the federal court – the Combat Arms Earplugs MDL in Pensacola, Florida. This may be the first time in the recent history of “mass tort” bankruptcy cases that tort victims were able to defeat an injunction to protect non-debtor parent companies.
The conversation begins with events leading up to the bankruptcy and the MDL, comprising over 250,000 product liability claims relating to defective earplugs sold to the US military. The discussion highlights the work of Quinn Emanuel associate Matt Hosen who found, buried in a large document production in a prior (and successful) antitrust case against 3M, an internal 3M document that became known as “The Flange Report.” John explains that the report by a scientist at 3M revealed that the earplugs that 3M had been selling to the U.S. military for over 15 years were defective. The report led to the filing of a False Claims Act suit against 3M and became important evidence in the resulting lawsuits filed by a quarter million active and former US service members.
John and Eric then discuss Quinn Emanuel’s role in the ensuing mass tort litigation against 3M and Aearo, consolidated in an MDL proceeding in Pensacola, Florida. They recount the jury verdicts in “bellwether trials” and the sudden bankruptcy of just Aearo, in Indianapolis, as well as Aearo’s immediate efforts to extend the “automatic stay” protections of a bankruptcy filing to 3M, even though 3M itself was not in bankruptcy.
John asks Eric what 3M was trying to accomplish by the bankruptcy filing. Eric explains that 3M’s goal was to use controversial bankruptcy tools, including the automatic stay, claim estimation or channeling injunctions into a bankruptcy plan, and forcing plaintiffs to file proofs of claim. These tools have been used in other major mass tort cases, such as in the LTL/Johnson & Johnson litigation, where a subsidiary holding the mass tort liabilities files for bankruptcy, but the solvent parent does not. In these cases, the debtors have been overwhelmingly successful in protecting the non-debtor parents.
John and Eric discuss why this matters. As Eric explains, 3M wanted to channel the resolution of all the tort claims into bankruptcy and, in turn, force plaintiffs to take less than they would usually get in civil court litigation, resulting in 3M keeping more money. Eric and his colleagues were able to defeat this strategy.
Together, John and Eric then cover the Aearo bankruptcy case, including the bankruptcy discovery, trial, and important cross-examinations, including the importance of a key funding agreement between 3M and Aearo.
The discussion then turns to what happened in the MDL before and after the bankruptcy court denied the injunction Aearo sought for 3M’s benefit. This included the motions Quinn Emanuel filed in the MDL to stop 3M from arguing that it was not 100% directly and independently liable for all earplug litigation.
Finally, John and Eric discuss Eric’s experience working more broadly with the plaintiff lawyers in their bankruptcy arena and their different approaches to litigation, as well as the impact the Aearo case may have in future “mass tort” bankruptcies, be
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
The Art of Cross-Examination
Law, disrupted
08/17/22 • 43 min
In this episode of Law, disrupted, John is joined by Bill Price, the founder and co-chair of Quinn Emanuel Urquhart & Sullivan's National Trial Practice Group and a partner in the firm’s Los Angeles office. Bill could lay claim (though he never would, being very modest) to be possibly the greatest business jury trial lawyer of his generation. He has tried over 50 cases to verdict and lost only two of them. Representing plaintiffs, he has won five 9-figure verdicts, as well as one ten-figure verdict. He has obtained equally remarkable results representing defendants. He is a master of all aspects of trial practice but is best known as a brilliant cross-examiner. This episode, therefore, focuses on the art of cross-examination.
John begins the conversation by asking Bill what he tries to accomplish during cross-examination. Bill explains that his goal is to have the witness either tell the same story Bill told in his opening statement or look foolish or dishonest not telling that story. Bill and John agree that this is a big ask, and they break down Bill’s methods for achieving it.
John and Bill discuss how Bill first makes a list of all the things he wants the witness to say. Then he asks what controls he has for those things, such as documents or prior testimony. The two then delve into how Bill analyzes the potential off-ramps the witness has – for each topic, how could the witness hurt Bill’s case, or what to do if the witness says something detrimental? Bill explains how crucial it is to be prepared for every possibility.
The two discuss how to get the most out of impeachment. Bill emphasizes that he structures each examination so the jury knows exactly why the subject that he impeaches a witness on is important to the case. This relates to Bill’s belief that collectively, the jury will have the common sense to understand a clear presentation, even if individually, some jurors might not follow every nuance.
Along the way, John and Bill examine why Bill does not subscribe to several common adages about cross-examination, including “never ask a question that you don't know the answer to,” “don't ask the one question too many times,” and “only ask leading questions.” Throughout this discussion, Bill provides vivid examples from crosses he has taken throughout his career to illustrate his points.
John steers the conversation towards the kind of persona and demeanor Bill tries to project during cross-examinations. Bill describes how he is very polite to start and then moves to building the case against the witness, ensuring the jury is always in sync with where he is. He notes that lawyers must be careful during cross-examinations to build their credibility to the point where the jury wants to listen to the examiner rather than the witness before they can start to act “a little testy” with the witness.
John and Bill go on to discuss how to handle witnesses who won’t answer Bill’s questions directly or who insist on adding their own themes again and again. Bill provides examples of turning this behavior against the witness, as well as getting the judge to intervene to question the witness in front of the jury personally.
Finally, John and Bill end their conversation by touching on their experiences working together previously, with John joking about coming up with ideas for Bill, only for Bill to quickly reject them. Bill touches on some of his favorite sources from which he developed his craft, including Herbert Stern’s ‘Trying Cases to Win,’ the transcripts of cross-examinations by great lawyers of the past, and trials within movies, including ‘Anatomy of a Murder’ a
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
What Can We Do About Gun Control?
Law, disrupted
07/27/22 • 51 min
In this episode of Law, disrupted, John is joined by Assistant Professor of Law at Southern Methodist University, Dedman School of Law, Eric Ruben, Duane R. Lyons, a partner in Quinn Emanuel’s Los Angeles Office, and Stacylyn Doore, a partner in Quinn Emanuel’s Boston Office. Together, they discuss three main topics surrounding guns: Supreme Court Second Amendment cases, regulation at both the state and federal levels, and pending litigation. Guns and the rights of US citizens to bear arms is a hotly contested policy issue in the USA, which has only become more relevant due to the recent mass school shooting in Uvalde, Texas, and the recent New York State Rifle & Pistol Association, Inc. v. Bruen Supreme Court decision.
They begin by discussing how the Supreme Court held in Bruen ruled that the New York gun safety law at issue is unconstitutional. This law required a license to carry concealed weapons in public places and provided for discretion in the state’s provision of such licenses. Eric outlines the landscape, pre-Supreme Court decision – he touches on the lay of the land, outlining the historical context, as well as explaining how firearm regulation and control have primarily been executed at a state and local level, rather than federal, and that there has been a long history of gun control at the local/state level in the US, citing to registration requirements in the 1930s and long before. There have only been a handful of significant federal laws that would count as “gun control.” The recent bipartisan federal legislation was an exception. It was several decades earlier when the last federal gun safety law was passed.
The conversation moves on to discussing the Heller case, another US Supreme Court decision which held that the Second Amendment guarantees an individual the right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home. Duane notes that there are members of the courts that view guns and gun rights completely differently than people in large metropolitan areas and that many court decisions seem results driven. They move on to discuss the difference between where the focus should be and where the focus will actually be for future gun control regulation and litigation.
Stacylyn moves the discussion toward future applications of Heller and Bruen, noting how we’ve seen a lot of historical analysis in the cases thus far and asking how much more there is to mine and to what extent comparable historical analogs are now required in all future gun regulation cases. Eric answers by discussing the means and scrutiny approach to Second Amendment cases, explaining that once the Second Amendment is in play, the government has to find historical analogs in order to justify modern-day gun regulation. However, Eric highlights that times have changed, noting that historical analogs may not suffice given the technological advancements in the intervening centuries.
Duane moves the conversation towards whether there are any historical analogs showing that firearms were prohibited in some parts of the country. Eric notes how Britain in the 1300s had strict firearm laws, as well as other restrictions, such as Texas gun laws in 1871, which banned the public carry of pistols and public weapons. John touches on age limitations being a potential appropriate response in light of Bruen, as well as increased reliance on mandatory training and designation of sensitive areas.
Finally, the conversation comes to a close, with Duane discussing ghost
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
07/20/22 • 27 min
In this episode of Law, disrupted, John is joined by Lori Odierno, the lead lawyer and business affairs negotiator across WME’s sports division, to talk about the ability of college athletes to exploit their name, image, and likeness (NIL) rights.
The conversation begins by discussing how the phenomenon of college athletes being able to exploit NIL rights resulted from antitrust litigation against the NCAA and a Supreme Court ruling that did not address NIL rights. They explain how the Supreme Court struck down NCAA restrictions on the extent to which colleges could reimburse athletes for educational expenses, and how that decision became the impetus for the NCAA to pivot its policy on NIL rights in a sweeping and unexpected way.
Together, they dive into how the business and legal framework have evolved into, as Lori described it, “a web of complicated and ambiguous rules and laws” that are very hard for student-athletes to navigate. Lori explains that when the NCAA removed its restrictions on NIL rights, it set new rules for athletes to maintain eligibility. One of those rules requires athletes to comply with state laws concerning NIL rights. However, this can be difficult, as 24 states adopted NIL legislation or executive orders, and those laws were far from uniform.
The discussion moves on to examples of how law varies across states, including California and Texas, two of the richest recruiting territories in the country. They touch on how California encourages and promotes high school students engaging in NIL activity, whereas Texas prohibits them from doing so. In other states, an athlete’s NIL rights might be restricted by the state association for a given sport. In those states, if an athlete is at high school that is a member of the state association for a particular sport, the athlete may lose eligibility for engaging in NIL activity based on the state association’s rules.
Lori and John also discuss the restrictions in some states that NIL contracts cannot extend past an athlete’s college eligibility. They observe that the intent behind such restrictions is likely to prevent large, powerful brands from locking young athletes into low-value long-term contracts early in their careers before they’ve established their personal brands. However, they also discuss the anomaly that these restrictions might prevent athletes from monetizing their NIL rights after their playing careers are over, but when their name, image, and likeness still have value.
The discussion then turns to how agencies now analyze their potential opportunities with an athlete, by looking at NCAA rules, the laws of any states that might be involved, and the individual school’s policies. Lori and John note that despite the recent changes to NIL rights, athletes still cannot get paid to play a sport or for achieving certain benchmarks while playing.
Lori and John then explore the arrangements that some booster clubs have at universities where they create collectives that provide NIL opportunities for athletes. These collectives are currently under investigation by the NCAA and vary widely in how they operate. The two compare collectives that offer the same income opportunities to every athlete and those that offer more to certain star players than to others. They also discuss the potential that these differently structured collectives have for affecting team chemistry over time. They explain that while boosters may form collectives for exploiting NIL rights, the schools the athletes attend cannot form such collectives as that would violate rules against offering students financial inducements.
Finally, John asks
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
06/29/22 • 28 min
In this episode of Law, disrupted, John is joined by distinguished lawyer, professor, author, and former partner at Quinn Emanuel, Susan Estrich. Together they discuss the legal issues surrounding women’s rights, Roe v. Wade, gun rights, and the hijacking of ‘Me Too’.
The podcast was recorded on the day the Supreme Court announced its decision overturning the 50-year-old precedent of Roe v. Wade and allowing individual states to determine whether abortion is legal or not. As a long-time advocate for women’s rights and veteran of many political campaigns, Susan expressed that she had seen this decision coming, but she recognized that many were surprised by the decision because in addition to overturning 50 years of precedent, she believes that roughly 60/70% of the US population supports Roe v. Wade now, as opposed to 40 years ago when the decision did not have that level of support.
Together, John and Susan discuss how precedents have been overturned in the past, but human rights and individual liberty have been expanded in the process. They then contrast the current situation in which, for the first time, an older generation in the US will have more individual rights than younger generations. They then go on to discuss how access to abortion will depend on wealth, socioeconomic status, and where one lives, with the new laws ignoring the rights of lower class, vulnerable women, and teenagers, but not affecting upper-class and wealthy women.
The conversation then turns to the Supreme Court’s decision earlier in the week striking down the New York law on carrying handguns in public. The two discuss how the Court’s ruling ran counter to public opinion in the wake of the horrendous events in Uvalde, Texas. Finally, John and Susan examine the rationale set forth in the Heller opinion that first recognize an individual’s right to bear arms.
The conversation moves to what Susan describes as the ‘Hijacking of Me Too.’ Susan passionately argues that Amber Heard was wrong to call the verdict of the Johnny Depp v. Amber Heard trial, “a defeat for the whole Me Too movement.” She opines that the verdict in that case was a defeat for Amber Heard individually rather than for the movement as a whole. She also observes that women who claim to represent the movement, but get caught lying about their individual cases might discourage legitimate victims from coming forward with their own stories.
The discussion turns to how the owner of the Washington Commanders was pilloried in the press for hiring his own private investigator to look into allegations of sexual misconduct made against him. The two discuss the dangers to the legal system that will ensue if investigating allegations is considered proof of guilt and even rumors of misconduct against a prominent figure become impossible to survive.
The two discuss the role that confidentiality provisions have in settling misconduct claims and how if confidentiality provisions are not respected, defendants have little incentive to settle. They touch upon California’s recent legislation prohibiting employers from requiring employees to arbitrate harassment claims and the effects that will have on settlements.
They discuss the Bill Cosby and Harvey Weinstein cases and the danger of the cases as precedent. In particular, they examine the dangers of admitting into evidence everything from a man’s sexual past as well as a presumption that NDAs are automatically admissible. They then speculate whether an accuser’s previous history of making accusations should also be admissible.
Finally, John and Susan discuss
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
Legal Issues in Higher Education
Law, disrupted
06/22/22 • 55 min
Major universities are essentially huge businesses with massive infrastructure and numerous employees. They are large housing, food, athletic teams, and healthcare providers and are engaged in construction projects. All public and private roles within universities that receive federal funds are subject to government regulation with the same kinds of human resources problems as regular businesses. Legal issues besiege many universities; unlike corporations, which are used to a regulatory environment, universities are often not well equipped or staffed to address the myriad of legal issues they are facing now.
In this episode of Law, disrupted, John is joined by American lawyer and academic administrator Michael K. Young, and partner at Quinn Emanuel’s Los Angeles office, former Ambassador Crystal Nix-Hines. Together they discuss the legal issues surrounding higher education.
Firstly, they discuss issues surrounding the changing landscape of universities' role in protecting their students and what those institutions are doing to protect themselves from legal cases and liabilities they are sent. They briefly touch on the cases against Penn State regarding sexual harassment. Does the changing landscape raise questions about the fine line between universities' duty to protect students on and off-campus incidents?
This issue leads to John asking whether the political sphere plays a role in this. Former Secretary of Education, Betsy DeVos, changed the law, shifting away from the law created by the Obama administration around sexual harassment, with universities highlighting concerns that Secretary DeVos’s standards made it more difficult for students to pursue claims against their alleged offenders.
Together they touch on the issues surrounding higher education and sports teams. Athletics budgets have been reduced in recent years, paired with the question of equality of opportunity for all genders, which has made it difficult to pinpoint what equality looks like from a legal point of view.
They turn to legal issues surrounding diversity in admissions, and standardized tests, with litigation on this going back a decade. They discuss why the mission of equality is so vital to modern universities and consider the Supreme Court’s upcoming consideration of the lawsuits brought against the admissions policies of Harvard and the University of North Carolina. They debate whether the Supreme Court is likely to overturn or reaffirm its prior holding in Grutter v. Bollinger, which upheld the affirmative action admissions policy of the University of Michigan Law School. Will the Court decide that race cannot be considered a factor in admissions at all?
Finally, John wraps up the podcast by asking about the types of issues being litigated in universities right now, with the majority of claims coming from the COVID-19 pandemic; 370 suits against 200 universities as a result of universities shifting to remote learning during the pandemic lockdowns.
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Music by Alexander Rossi
Producer www.alexishyde.com
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
Re-release: International Arbitration
Law, disrupted
07/31/24 • 66 min
John is joined by two experts in international arbitration, Philippe Pinsolle, partner in Quinn Emanuel's Geneva office and Head of International Arbitration for Continental Europe, and Stephen Jagusch KC, partner in Quinn Emanuel’s London office and Global Chair of the firm’s International Arbitration Practice. Together, they discuss the specialized field of international arbitration, including factors to consider when opting for arbitration, strategies for crafting arbitration provisions, how to select the best arbitrators, challenges to final judgments, and issues regarding the subsequent enforcement of awards.
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
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FAQ
How many episodes does Law, disrupted have?
Law, disrupted currently has 137 episodes available.
What topics does Law, disrupted cover?
The podcast is about News, Lawyer, Management, Business News, Law, Legal, Law Firm, Podcasts, Ceo and Business.
What is the most popular episode on Law, disrupted?
The episode title 'Important Recent Supreme Court Decisions Affecting the Business World' is the most popular.
What is the average episode length on Law, disrupted?
The average episode length on Law, disrupted is 39 minutes.
How often are episodes of Law, disrupted released?
Episodes of Law, disrupted are typically released every 7 days.
When was the first episode of Law, disrupted?
The first episode of Law, disrupted was released on Mar 1, 2022.
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