Law, disrupted

John is joined by Susheel Kirpalani, partner in Quinn Emanuel’s New York office, Head of Special Situations, and founder of the firm’s Bankruptcy and Restructuring Group.  They discuss the increasingly important role of liability management exercises, or LMEs, as tools that financially distressed companies use to raise capital and avoid bankruptcy.  These transactions frequently involve granting favorable treatment to certain creditors in connection with new financing, often at the expense of other creditors.  Although such arrangements may preserve companies through periods of severe distress, they also generate disputes over whether the underlying loan agreements permit unequal treatment.

 S...

John is joined by Rebecca Zung, a 23-year trial attorney and the creator of SLAY AI™, a patented AI platform for navigating high-conflict litigation and negotiation situations. They discuss how Rebecca created a groundbreaking business centered on negotiation training, artificial intelligence, and litigation strategy.

After years of handling high-net-worth divorce cases, Rebecca decided to stop trading time for money. She began creating educational content on effective negotiation strategies shortly before the pandemic and discovered an overwhelming demand for advice on negotiating with high-conflict personalities. That success led her to write several books, create online courses, develop a la...

John is joined by Bill Patry, of counsel in Quinn Emanuel’s New York office and author of numerous treatises and law review articles, including Patry on Copyright and Patry on Fair Use. Bill also served as in-house counsel at Google for 17 years. During that time, Google never lost a copyright case. They discuss a pending Ninth Circuit copyright appeal that could reshape how courts determine substantial similarity, the central test for copyright infringement.

The dispute arises from a tattoo created by celebrity artist Kat Von D using a copyrighted photograph of Miles Davis taken by photographer Je...

In this podcast, recorded before a live audience in China, John is joined by Professor Gao Xiqing, the former Vice Chairman, President, and Chief Investment Officer of the China Investment Corporation, China’s largest sovereign wealth fund.

They discuss Professor Gao’s extraordinary career, from his early days building a railroad in rural China during the Cultural Revolution to earning his JD at Duke University and becoming one of the first Chinese lawyers to pass the New York Bar and work at a major Wall Street law firm.

Professor Gao’s work on Wall Street led to...

John is joined by Michael Gottlieb, partner in the Washington, D.C., office of Willkie Farr & Gallagher, and Nicholas Reddick, partner in the San Francisco office of Willkie Farr & Gallagher. They discuss the landmark $1.1 billion judgment Michael and Nicholas obtained against the Islamic Republic of Iran on behalf of U.S. service members and civilians harmed by Iran-backed terrorist groups, and the legal framework for suing state sponsors of terrorism and private organizations that support them.

Claims against sovereign states are based on the Foreign Sovereign Immunities Act (FSIA). FSIA claims require plaintiffs to prove that the...

John is joined by Avi Perry, partner in Quinn Emanuel’s Washington, D.C., office, and Brett Raffish, an associate in the same office. They discuss how the Quinn Emanuel team, led by Bill Burck and Avi Perry, achieved a rare federal white collar criminal defense victory on behalf of technology executive Charlie Kim.

The prosecution alleged that Mr. Kim and his co-CEO bribed four-star Admiral Robert Burke by offering him a lucrative post-retirement job at their company in exchange for using his position to help secure a multimillion-dollar Navy contract. They argued that the employment discussions an...

John is joined by Shawn Fagan, the Chief Legal Officer of Citadel LLC and a key legal figure at Citadel Securities. Citadel is the most profitable hedge fund globally, while Citadel Securities is a leading market maker, processing nearly one-third of U.S. equities and options trades. They discuss Shawn’s insights into the unique legal challenges of these rapidly growing organizations.

Shawn has essentially four clients: Citadel, Citadel Securities, founder Ken Griffin, and Griffin’s family office. His responsibilities extend beyond legal oversight to include regulatory affairs and compliance, reflecting the complexities of modern finance.

Sh...

John is joined by Jeffrey N. Boozell and Christopher Tayback, both partners in Quinn Emanuel’s Los Angeles office. They discuss wildfire litigation as a specialized and rapidly growing area of law, driven by increasingly destructive fires in California and other western states. What began as a relatively limited practice in the 1990s evolved into a major practice area after large California wildfires generated thousands of property loss claims and billions of dollars in damages. Jeff and Chris explain how these cases are structured, the legal theories involved, and the challenges of compensating victims.

Wildfire cases are ge...

John is joined by Miguel Rato and Marixenia Davilla, both partners in Quinn Emanuel’s Brussels office. They discuss a major antitrust and competition law class action brought in the United Kingdom against Qualcomm, a leading developer of mobile communications technology.

The case was filed as an opt-out class action on behalf of consumers and alleged that Qualcomm had abused a dominant market position by charging excessive patent royalties to smartphone manufacturers, particularly Apple and Samsung. The plaintiff claimed that Qualcomm used its strength as a supplier of mobile chipsets to pressure manufacturers into accepting licensing terms th...

John is joined by Jeffrey L. Kessler, Co-Executive Chairman of Winston & Strawn LLP. They discuss the remarkable antitrust trial Jeff won involving Live Nation and Ticketmaster.

In that case, the Department of Justice, 33 states, and the District of Columbia sued Live Nation and Ticketmaster, only for the DOJ to settle and withdraw from the case one week into the trial. The remaining states continued litigating and brought in Jeff as their new lead trial lawyer midway through the proceedings, an unprecedented action in major antitrust litigation. This required Jeff’s team to enter a complex jury trial wi...

John is joined by renowned criminal defense attorney Ben Brafman, Founder of Brafman & Associates. They discuss Ben’s 45-year career, trial strategies, and reflections on the criminal justice system. Ben, who has tried more than 75 cases, gained prominence in the 1980s and 90s defending major criminal trials, particularly organized crime and white-collar cases. He was in trial almost continuously for 11 years. He attributes his success to meticulous preparation and emphasizes that there are no shortcuts in trial practice.

Ben describes the evolution of criminal trials over the last 40 years, noting that trials are shorter and less frequent to...

John is joined by Richard East, Senior Partner of Quinn Emanuel’s London office, and Nikolas Bruce-Smith, Partner in Quinn Emanuel’s London office. They discuss a major London commercial trial arising from the collapse of Greensill Capital and the resulting litigation between Credit Suisse and SoftBank. The plaintiff alleged that SoftBank sought to orchestrate, for its own ends, a complex restructuring involving the Greensill Group in late 2020, through which approximately US$440 million worth of assets were allegedly placed improperly beyond the reach of creditors while Greensill was in severe financial distress.

Following a five-week trial in 2025, and...

John Quinn is joined by Jack Neumark, Managing Partner and Co-Head of Specialty Finance of Fortress Investment Group and Founder of its Legal Assets Group. They discuss the emergence of legal assets as a distinct investment class.  Fortress is a leading player in litigation finance with over $6.5 billion deployed in legal assets and a current portfolio of approximately $3 billion. While most litigation funders typically invest in individual cases, Fortress invests in diversified portfolios of litigation claims and contingent fee receivables. Fortress underwrites and finances these portfolios the same way it does other specialty finance products. To underwrite a portfolio, F...

John is joined by John Bash, partner in Quinn Emanuel’s Austin office. They discuss a proposed California ballot initiative that would impose a one-time 5% wealth tax on individuals with net worth, including certain trusts, exceeding one billion dollars, if they are California residents as of January 1, 2026, with the tax calculated based on wealth as of December 31, 2026. The measure would amend the state constitution and apply broadly to both tangible and intangible assets. Several categories of assets would be exempt, including real estate, some out-of-state tangible property, and certain amounts held in retirement plans. 

The proposal raises imm...

John is joined by Shon Morgan and Jack Baumann, both partners in Quinn Emanuel’s Los Angeles office. They discuss the growing legal tension surrounding the aggregation and commercialization of publicly available information. It focuses on when compiling public data into structured, searchable databases creates a protectable property interest, and when such activity exposes companies to legal risk.

One recent series of cases involves disputes over whether entities that invest substantial resources to digitize, index, and organize public records may prevent others from accessing and reusing that enhanced data. In these cases, courts often recognize a distinction be...

John is joined by Mark Wu, Henry L. Stimson Professor at Harvard Law School. They discuss the rapidly evolving legal and policy landscape surrounding U.S. tariffs following the Supreme Court’s decision invalidating the President’s reliance on emergency economic powers to impose broad tariffs. That ruling removed a significant set of tariffs but did not eliminate the overall tariff regime. Instead, the administration quickly pivoted to alternative statutory authorities, particularly Section 122, which permits temporary tariffs for up to 150 days, as well as longer-term mechanisms such as Section 301 and Section 232 investigations. These alternative mechanisms allow the executive branch to i...

John is joined by Christopher D. Kercher, partner in Quinn Emanuel's New York office. They discuss a proprietary litigation intelligence system developed inside Quinn Emanuel — built from a practicing litigator's perspective and designed to give case teams a decisive advantage from day one.

The system, known internally as a "kerchbench," works by taking a case team's documents, filings, and materials and distilling them into a structured knowledge base that mirrors how experienced litigators understand and manage cases — organized around the chronology of events, key actors, claims and defenses, and critical evidence. The result is an AI that alre...

John is joined by Matthew Borden, partner and co-founder of BraunHagey & Borden, and Kory DeClark, partner at BraunHagey & Borden. They discuss litigation challenging federal law enforcement responses to protests, focusing on the Dickinson case in Portland, Oregon, that resulted in an injunction restricting how government agents may use force against demonstrators. The case arose from a series of protests against immigration enforcement policies. The plaintiffs alleged a pattern of excessive and indiscriminate force by federal agents at these protests that chilled lawful First Amendment activity. The legal team assembled extensive evidence, including 62 sworn declarations and video footage, documenting incidents...

John is joined by Todd Anten, partner in Quinn Emanuel’s New York office and co-chair of the firm’s Trademark, Copyright, and Trade Secret practices, and Owen F. Roberts, partner in Quinn Emanuel’s New York office. They discuss a sixteen-year copyright dispute involving two appeals to the Second Circuit that centered on the scope of the Digital Millennium Copyright Act’s safe harbor provision. The plaintiffs were major music publishers and recording companies that own the copyrights to some of the world’s most famous songs. The defendant, represented by a Quinn Emanuel team led by Todd and Owen...

John is joined by Robert M. (“Bobby”) Schwartz, partner in Quinn Emanuel’s Los Angeles office and co-chair of the firm’s Media & Entertainment Industry Practice, and Marie M. Hayrapetian, associate in Quinn Emanuel’s Los Angeles office. They discuss recent cases testing whether large language model AI outputs may give rise to defamation claims.

In one recent Georgia case, a journalist asked ChatGPT about a lawsuit and received a response stating that a company executive was an embezzler, even though the lawsuit did not involve any such allegations and he was not an embezzler. In another case, Goog...

John is joined by Rebecca Abel, Supervising Deputy Federal Public Defender, and Kyra Nickell, Deputy Federal Public Defender, both with the Los Angeles Federal Public Defender's Office. They discuss the wave of criminal cases arising from protests in Los Angeles against immigration enforcement actions. Rebecca and Kyra offer their own insights and do not speak on behalf of the Los Angeles Federal Public Defender's Office.

The government has filed more than seventy criminal cases in Los Angeles against protesters, most alleging felony assault on a federal officer. The cases generally stem from confrontations during demonstrations near federal...

John is joined by Jonathan Graham, Executive Vice President and General Counsel and Secretary of Amgen, one of the world’s largest biotech companies and one of the pioneers of the industry. They discuss in-house legal leadership in major biotech companies and how science, intellectual property, and regulation shape strategy. Jonathan began his practice clerking for the Ninth Circuit Court of Appeals, then became a litigator for a large firm. Later, his career shifted in-house. He believes that litigation training develops useful skills, including rapid issue spotting across unfamiliar domains, crisp written and oral advocacy, and an ability to un...

John is joined by Dennis H. Hranitzky, partner in Quinn Emanuel’s Salt Lake City office, and Fritz Scanlon, of counsel in Quinn Emanuel’s Washington, D.C. office. They discuss the recent Supreme Court decision invalidating all tariffs President Trump imposed under the International Emergency Economic Powers Act (IEEPA). IEEPA tariffs had generated an estimated $160 billion in revenue and were central to the administration’s tariff policy.

The administration justified these tariffs based on declared national emergencies, including fentanyl trafficking and persistent trade deficits. The Court did not rule on whether those circumstances constituted true emergencies. Instea...

John is joined by Christopher P. Bogart, CEO and Co-Founder of Burford Capital. They discuss the evolving landscape of capital investment in law firms, focusing on the emergence of non-lawyer equity participation and managed service organization structures as potential solutions to long-standing financing constraints within the legal industry. Traditionally, U.S. law firms have been prohibited from allowing non-lawyer ownership, a rule rooted in the belief that outside investors could compromise lawyers’ undivided duty of loyalty to clients. Because of this restriction, firms have largely been limited to partner capital and debt financing, preventing them from accessing equity markets or...

John is joined by Christopher L. Eisgruber, President of Princeton University and author of Terms of Respect: How Colleges Get Free Speech Right. They discuss the state of free speech on university campuses. While public perception often emphasizes crisis and failure, many institutions are upholding speech rights more effectively than they are credited for. The broad constitutional principles of free expression, protecting even offensive or unsettling speech, are a good starting place for academic environments. However, these principles alone are insufficient. Universities must also foster a culture of mutual respect, encouraging civil discourse and meaningful dialogue even amid disagreement.<...

John is joined by Christopher G. Michel, partner in Quinn Emanuel’s Washington, D.C. office and Co-Chair of the firm’s National Appellate Practice. They discuss Michel’s team’s recent victory before the Delaware Supreme Court, reinstating Elon Musk’s Tesla compensation package, now valued at $139 billion, the largest compensation dispute in corporate history. The 2018 pay package required Musk to meet extremely ambitious growth milestones, including doubling Tesla’s size over a ten-year period, before receiving any compensation. After that, there were a series of 12 levels of compensation corresponding to 12 further growth milestones. The Tesla Board approved the package...

John is joined by Christopher D. Kercher and Peter H. Fountain, both partners in Quinn Emanuel’s New York office. They discuss their recent representation of Citadel Securities, one of the world’s largest market makers, in connection with a case concerning Mallinckrodt, a pharmaceutical company forced into bankruptcy due to opioid litigation. The central issue was whether $1.6 billion in stock share buybacks conducted between 2015 and 2018 could be recovered by the bankruptcy estate as fraudulent transfers.

The legal theory advanced by a litigation trust formed during the bankruptcy was unprecedented, as it sought to void Mallinckrodt's share repu...

John is joined by one of the most famous litigators in the world, David Boies, Chairman and Founding Partner of Boies Schiller Flexner.  They discuss David’s career, unique aspects of trial work, and the challenges of transitioning leadership in law firms.  David describes his early years at Cravath, Swaine & Moore, LLP, where he became a partner in 1972, and his founding of Boies Schiller in 1997.  He candidly discusses the aging process, especially the balance that exists between somewhat diminishing memory and the ever-improving judgment that comes with experience.  Despite plans to step down as Chairman of his firm at the en...

John is joined by Robert Tyson and Cayce E. Lynch, both partners at Tyson & Mendes and Co-Founders of Apex Defense Consulting. They discuss how defense lawyers can counter the recent rise in “nuclear verdicts.” Nuclear verdicts are extremely large jury awards, often in personal injury cases, in which pain and suffering or emotional distress awards are vastly disproportionate to economic damages.  These verdicts are a key factor behind the recent, dramatic rise in insurance costs. 

Over the past 15 years, plaintiffs’ lawyers have shifted tactics. While plaintiffs’ attorneys used to appeal to jurors’ sympathy for the plaintiff, they now focus on...

John is joined by Jennifer Prosek, Founder and Managing Partner of Prosek Partners, one of the world’s leading integrated marketing and communications firms. They discuss effective reputation and crisis management in high-stakes corporate and financial legal matters. Success in such matters often depends on maintaining a disciplined alignment between legal and communications teams. Despite today’s fast-paced media environment, both teams must develop a strategic plan and resist the pressure to react impulsively. Saying less can often be more effective, as premature or excessive public comments may create lasting reputational harm, even when the legal outcomes are ultimately favo...

John is joined by Christopher D. Kercher, partner in Quinn Emanuel’s New York office. They discuss a complex cross-border dispute involving a Chinese public company listed on the Shanghai Exchange. The company, which owned oil assets in Texas and was one of the largest private oil producers in the U.S., faced a governance crisis after an investor took over the company and elected a new board in China. When the new board attempted to gain control over the company’s U.S. subsidiaries, it discovered that the company’s former management had implemented mechanisms at the subsidiaries’ holding...

John is joined by David Proman, Co-Founder and Managing Partner of Atlas Grove Partners and long-time Quinn Emanuel client. They discuss David’s extensive experience working with elite law firms, including Quinn Emanuel, on high stakes matters involving structured finance, digital assets, and complex bankruptcies. At Atlas Grove and its subsidiary, GXD Labs, David has built an investment platform that identifies legal claims as investment opportunities. 

One example of such an opportunity was David’s early and aggressive pursuit of RMBS claims. In 2010, David was at a fund called Fir Tree Partners that was the most activist fund...

John is joined by Richard East and Karabeth Ovenden, partners in Quinn Emanuel’s London Office. They discuss the unprecedented bankruptcy and restructuring of NMC, the largest healthcare provider in the United Arab Emirates (UAE). Initially listed on the London Stock Exchange and heavily favored by the market, NMC collapsed precipitated by a report by short-seller Muddy Waters raising significant questions about the audited accounts of the company. Ultimately it was revealed that NMC had approximately $6.5 billion in debt, rather than the $2.5 billion that had been disclosed to the market. Over 100 creditors rushed to seize NMC’s assets across the...

John Quinn is joined by Alex Spiro, partner in Quinn Emanuel’s New York and Miami offices and one of the best-known trial lawyers in the U.S.  Alex explains that his approach to trial preparation is to immerse himself into the evidence as trial approaches. He reads every relevant document to understand even tangential details, rather than just looking for "hot docs." This deep dive helps him construct a narrative that, if all goes well, leads the jury to a collective “Eureka” moment, where the verdict becomes clear. Alex also explains that he does not rely on mock juries...

John Quinn is joined by Essam Al Tamimi, Founder and Chairman of Al Tamimi & Company, the leading law firm in the UAE and the broader Middle East and Africa region. Founded in 1989 in Sharjah, UAE, the firm has grown to encompass 17 offices across 10 countries with 420 lawyers, dominating the legal landscape in the UAE.  Mr. Al Tamimi explains his firm's origins and his vision of creating a leading regional law firm, inspired by international models like Clifford Chance and Kim & Chang.  John and Mr. Tamimi discuss the UAE's legal evolution, starting from scratch with the UAE’s independence in 1971 to its...

John is joined by Leslie Zhang Weihua, Vice President and General Counsel of United Energy Group, China, one of the largest independent oil and gas companies in the world.  They discuss Leslie’s extensive experience in international legal affairs, including his experience as general counsel for both large state-owned enterprises (SOEs) and private companies in China.   They discuss the differences between providing legal services for SOEs and private companies, including the additional procedures SOEs must follow in making business decisions, the strategic issues in addition to return on investment that SOEs must consider and how rate sensitive SOE’s procur...

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 tha...

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...

John is joined by Rachel Geman, partner at Lieff Cabraser Heimann & Bernstein, LLP, and Justin A. Nelson, and Rohit Nath, both partners at Susman Godfrey. They discuss the groundbreaking $1.5 billion copyright class action settlement Rachel, Justin, and Rohit reached with AI company Anthropic on behalf of the authors of copyrighted materials —the largest copyright recovery in history.

The case involved Anthropic’s use of over 450,000 copyrighted works—mostly books—sourced from pirated sites like Library Genesis and Z-Library. These works were used to train large language models (LLMs). The case centered on infringing conduct stemming from the download...

John is joined by Carolynn Levy, Chief Legal Officer of Y Combinator (YC). They discuss YC’s evolution into the world’s most prominent startup accelerator. Some of the famous startups to come out of YC include DoorDash, Airbnb, Stripe, and Coinbase. 

Carolynn joined YC in 2012. Since then, the organization has grown from a small early-stage investor to a robust platform funding approximately 600 startups annually. 

In 2012, companies were evaluated in two seasonal “batches,” but YC’s growth now requires having four seasonal batches every year. Each batch now includes approximately 150 startups. Each startup receives $500,000 in seed funding...