Law, disrupted

Law, disrupted
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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?

  1. 4 dgn geleden

    Creating Leverage in Negotiations with AI

    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 large social media following, and create an AI platform designed to help lawyers and clients prepare cases more efficiently. Success in negotiation generally depends on leverage, preparation, and mindset. Effective negotiators define the outcome they want, understand the other side’s incentives, identify risks, and create meaningful consequences—or downside—if settlement fails. Negotiation should be approached proactively by controlling the narrative, anticipating conflicts, gathering complete facts before negotiating, and preparing for mediation as thoroughly as for trial. Mediations often require both sides to adjust unrealistic expectations before meaningful progress becomes possible. Rebecca also believes that confidence begins with identity. Rather than believing success creates confidence, people must first adopt the mindset of the person they intend to become, then consistently act in ways that reinforce that identity. Internal narratives, disciplined thinking, and careful decision-making are essential tools for professional growth. Rebecca also describes SLAY AI™, the patented platform she created to organize documents, create timelines, identify supporting evidence, generate exhibits, and help lawyers and clients collaborate more effectively. Attorneys subscribe to the platform, then allow clients access to folders related to their case. Clients may then upload their documents in bulk. SLAY AI™ then organizes the materials in response to the attorney’s prompts. This allows the attorney to review key documents organized by the legal and factual issues in the particular case. The platform is private and walled off from outside observers. Because all communications are confidential between attorneys and clients, and all data is organized by attorney prompts, the data is protected by both the attorney-client privilege and the work product doctrine. By reducing time spent organizing information, the system lowers costs, improves case preparation, and gives legal teams more leverage throughout litigation and settlement negotiations. Podcast Link: Law-disrupted.fm Host: John B. Quinn  Producer: Alexis Hyde Music and Editing by: Alexander Rossi

  2. 17 jul

    Major Change in Copyright Law?

    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 Jeff Sedlik. She documented the process of creating the tattoo on social media and acknowledged copying the photograph exactly, creating the expectation that liability would be straightforward. Instead, the trial court denied the plaintiff’s motion for summary judgment, the case proceeded to a jury, and the jury found no infringement, prompting an appeal focused less on the facts than on the Ninth Circuit’s governing legal standard for infringement. For decades, the Ninth Circuit has applied two separate tests for infringement: the extrinsic test and the intrinsic test. The extrinsic test attempts to identify objectively protectable elements, while the intrinsic test asks jurors to compare the overall concept and feel of the two works, even though neither “concept” nor “feel” is copyrightable. The panel that heard the appeal affirmed the judgment in an unpublished opinion, concluding that the copying was fair use. However, the panel also issued three separate published opinions sharply criticizing the long-standing intrinsic test as confusing, overly subjective, and inconsistent with meaningful appellate review. The opinions suggested that the existing framework undermines copyright protection by making erroneous jury verdicts difficult to correct. They explain that copyright plaintiffs may lose cases even where copying is undeniable because the intrinsic test effectively shields jury decisions from appellate review. The en banc rehearing, scheduled for September 29 or 30, 2026, will present an opportunity for the Ninth Circuit to reconsider decades of precedent and replace an unpredictable doctrine with a clearer, more reviewable framework that could significantly influence future copyright litigation. The proposed alternative standard would require judges to determine, as a matter of law, which elements of a work are protectable before the case reaches a jury. Jurors would then decide only whether the defendant materially copied that protected expression. Podcast Link: Law-disrupted.fm Host: John B. Quinn  Producer: Alexis Hyde Music and Editing by: Alexander Rossi

  3. 9 jul

    Re-release: A Conversation with Prof. Gao Xiqing

    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 him explaining, as a third-year associate, the causes of the Black Friday stock market crash to Chinese business and government leaders. He was later called back to China to help design the country’s first stock exchange and its securities regulator, the Chinese equivalent of the SEC. They also discuss Professor Gao’s role in leading the China Investment Corporation (CIC), one of the world’s largest sovereign wealth funds. CIC invests exclusively in businesses outside China, typically acquiring stakes of less than 10%, and allocates its investments roughly equally between publicly listed companies and private equity. Finally, they discuss Professor Gao’s perspective on Sino-American relations. He believes that, when viewed in historical context, the two countries have grown significantly closer since the Cold War and that shared cultural values, such as a strong work ethic and a drive to achieve, will help strengthen relations in the future. Podcast Link: Law-disrupted.fm Host: John B. Quinn  Producer: Alexis Hyde Music and Editing by: Alexander Rossi

  4. 2 jul

    Re-release: Securing Justice for Victims of Terrorism: Inside $1 Billion Judgment Against Iran

    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 foreign sovereign materially supported acts of terrorism, often through militia groups operating in conflict zones. The process is complex and time-consuming. Although Iran never appears to defend these cases, plaintiffs must still prove liability and damages with admissible evidence, often obtained through Freedom of Information Act requests, military reports, and expert testimony. Because such judgments are rarely enforceable against Iran’s frozen or inaccessible assets, successful plaintiffs must seek compensation through the U.S. Victims of State Sponsored Terrorism Fund, which draws on congressional appropriations and settlements from unrelated sanctions violations. Payments from the fund are made annually and prorated based on judgment size, but disbursements have been inconsistent. Recent developments, including circuit court rulings and a pending Supreme Court case, may reshape key legal standards for FSIA claims, such as the requirement of an actual death for certain terrorism-related claims. Several new legislative efforts seek to expand the cases that may be brought under the FSIA and increase the funds allocated for compensating victims. Claims against private entities, such as banks, contractors, or companies that have evaded sanctions, rely on the Anti-Terrorism Act (ATA). Many such cases are currently being litigated. ATA claims require proof of the defendant’s material support and knowledge of terrorist outcomes. Defendants in ATA cases are likely to appear to defend against the claims, but only after plaintiffs navigate complex issues of jurisdiction and service of process. Podcast Link: Law-disrupted.fm Host: John B. Quinn  Producer: Alexis Hyde Music and Editing by: Alexander Rossi

  5. 26 jun

    Rare Federal White Collar Acquittal

    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 and contract negotiations constituted an unlawful quid pro quo rather than legitimate, independent business conversations. Avi and Brett explain the history of the case, from the initial whistleblower complaint through the indictment, pretrial strategy, two lengthy jury trials, and Mr. Kim’s ultimate acquittal. From the beginning, one of their central themes was that the parallel discussions about the Navy contract and the admiral’s post-retirement employment were conducted openly, not secretly. Mr. Kim repeatedly disclosed the conversations to investors, colleagues, family members, and others, demonstrating that he had no criminal intent, one of the essential elements of the charges. The trial team also showed that the job offer and the contract were not linked. Although the proposed multimillion-dollar contract never materialized, Mr. Kim still hired the admiral at Next Jump because the job offer was never contingent on the admiral securing the contract. Before trial, the team moved to sever Mr. Kim’s trial from the admiral’s case because evidence against the admiral, including incriminating statements and unrelated misconduct, threatened to unfairly prejudice Mr. Kim. Mr. Kim also intended to, and ultimately did, present a defense that the admiral had lied to him during their relationship. After obtaining the rare severance, the admiral was tried, convicted, and sentenced to six years in prison. Mr. Kim’s first trial ended with a hung jury. Using insights from juror interviews, the team refined its defense for the retrial, focusing on the absence of any true quid pro quo, Mr. Kim’s reliance on the admiral’s assurances that the discussions were ethically appropriate, and evidence showing that the admiral was hired despite the failure to secure the anticipated contract. The team also used the record from the first trial to sharpen its cross-examinations of the government’s witnesses. Seven months later, the case was retried. At the second trial, the government repeatedly emphasized a statement in a text message that the deal was “no contract, no job.” However, the quote was taken out of context. During Avi’s cross-examination of the government’s case agent, he elicited an admission that the deal ultimately became “no contract, yes job.” After a two-week trial, the jury deliberated for just one day before returning a verdict acquitting Mr. Kim on all charges. Podcast Link: Law-disrupted.fm Host: John B. Quinn  Producer: Alexis Hyde Music and Editing by: Alexander Rossi

  6. 18 jun

    Re-release: Managing the Legal Department of the World’s Most Profitable Hedge Fund

    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. Shawn’s journey to Citadel was unconventional. He started as a litigator at Bartlit Beck, a boutique trial firm, where he spent nearly half his time in trial. He participated in high-profile cases, including Bush v. Gore, but ultimately realized that trial work was not his passion. A chance meeting with Ken Griffin led to an in-house opportunity at Citadel, where he has now been for 20 years. During that time, Citadel has grown from 1,000 employees and $12 billion in assets under management to 4,900 employees and $65 billion in assets under management. The focus of Shawn’s role at Citadel is building the right teams to meet the demands of rapidly growing markets around the world, developing technology to ensure regulatory compliance across billions of transactions every day, and maintaining consistent standards in an organization that continues to grow at an extraordinary pace. Citadel has engaged in several high-profile legal battles, including lawsuits against the SEC and IRS, reflecting the firm’s willingness to challenge regulations it views as unreasonable and unduly burdensome. When retaining outside counsel, Shawn looks for lawyers with strategic vision who can articulate a clear path to winning cases. Podcast Link: Law-disrupted.fm Host: John B. Quinn  Producer: Alexis Hyde Music and Editing by: Alexander Rossi

  7. 12 jun

    Wildfire Litigation

    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 generally mass torts rather than class actions. Because each homeowner suffers different losses and faces unique causation issues, claims are coordinated before a single judge but remain individual lawsuits. These cases are typically brought against utilities, governments, and private entities that plaintiffs allege bear some responsibility for the disaster. One of the most important legal doctrines in California is inverse condemnation, which imposes liability on public utilities when infrastructure serving the public causes property damage. Under this doctrine, utilities may be responsible for property losses even without proof of negligence, distinguishing California wildfire litigation from cases in many other states. Utilities are also frequently defendants because fires are often linked to power lines, equipment failures, vegetation management issues, or other infrastructure-related problems. Various ignition scenarios may occur, including power lines striking each other in high winds, trees coming into contact with power lines, and improperly maintained equipment. For example, in the Eaton Fire, evidence shows that an old, unused power line was not properly grounded, leading to sparks that ignited the fire. In the Palisades Fire, the Los Angeles Department of Water and Power emptied the Santa Ynez Reservoir to carry out repairs and left it empty for an extended period. As a result, firefighting helicopters were unable to collect and drop water from the reservoir, and eventually, fire hydrants in the area ran dry. Utilities understand these risks but often fail to implement adequate preventive measures. Despite involving enormous losses and thousands of claimants, major California wildfire cases rarely reach trial. Instead, courts establish coordinated proceedings, identify bellwether cases, and encourage settlement through mediation programs or compensation funds. Insurance payments often cover only part of a homeowner’s losses, leaving substantial uninsured damages and emotional distress claims to be pursued through litigation. The scale of the 2025 Los Angeles-area fires is unprecedented. Estimated damages exceed $200 billion, underscoring why wildfire litigation is likely to remain a significant area of legal practice for years to come. Podcast Link: Law-disrupted.fm Host: John B. Quinn  Producer: Alexis Hyde Music and Editing by: Alexander Rossi

  8. 4 jun

    Inside QE’s Remarkable UK Class Action Trial Win for Qualcomm

    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 that allegedly resulted in inflated consumer prices. Remarkably, the plaintiff class withdrew the case at the end of the first phase of the trial. European competition law differs from U.S. antitrust law in that it permits claims based not only on the exclusion of rivals, but also on the alleged exploitation of customers through excessive pricing. In this case, the plaintiffs argued that Qualcomm leveraged its market power in chipsets to impose unfair licensing terms. Qualcomm maintained that its licensing model reflected legitimate compensation for decades of innovation and intellectual property development. The trial focused in detail on Qualcomm’s relationships with Apple and Samsung. Evidence showed that key licensing arrangements were entered into at times when the manufacturers were not dependent on Qualcomm chipsets, undermining the claim that Qualcomm used chipset supply as leverage. Additional evidence demonstrated that royalty levels did not vary according to the volume of chipset purchases and that customers could obtain licenses independently of chipset transactions. Economic analysis likewise failed to reveal any connection between alleged dependence on Qualcomm products and the royalties ultimately negotiated. The case proceeded to a five-week trial before the Competition Appeal Tribunal in London. The first phase addressed market definition, dominance, liability, and whether the allegedly excessive royalties could nevertheless be justified as reasonable. Before the tribunal issued its ruling on the first phase, the class representative agreed to withdraw the case entirely. Qualcomm paid nothing, each side bore its own costs, and the litigation ended without a judgment. A judge reviewing the withdrawal concluded that the claim had no realistic prospect of success, making the case a rare instance in which a plaintiff abandons a major class action after trial, but before a decision was rendered. Podcast Link: Law-disrupted.fm Host: John B. Quinn  Producer: Alexis Hyde Music and Editing by: Alexander Rossi

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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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    Law, disrupted
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    2022 - 2026
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    220
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    © 2026 Law, disrupted
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