In the first of a series of podcasts 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, the largest Chinese Sovereign Wealth. They discuss Prof. Gao’s extraordinary career from his early days building a railroad in rural China during the Cultural Revolution to earning his JD at Duke and becoming one of the first Chinese lawyers to pass the New York bar and work at a major Wall Street firm. Prof. 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. Later he was called back to China to design its first stock exchange and the Chinese regulator equivalent to the SEC. They also discuss Prof. Gao’s role in running the China Investment Corporation (CIC), one of the world's largest sovereign wealth funds. CIC invests only in private businesses outside of China, purchases less than a 10% stake in those companies, and splits its investments roughly evenly between publicly traded companies and private equity. Finally, they discuss Prof. Gao’s perspective on Sino-American relations. He believes that, viewed in perspective, the two countries have grown much closer since the days of the Cold War and that common cultural values, such as the drive to work hard and achieve, will lead to closer relations in the future. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

John is joined by renowned criminal defense lawyer 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 when he defended 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 today due to an increase in plea deals. John and Ben also discuss trial strategies. Many cases are won on cross. A successful cross requires deep knowledge of every piece of evidence in the case. He describes one case in which he essentially memorized months of taped conversations to dismantle a key witness’s credibility.  Ben often uses cross-examinations of prosecution witnesses to establish parts of the defense and contradict the testimony of other witnesses. Most cases today are won or lost on emails or texts because they are so prevalent and an incriminating email or text by a defendant cannot be discredited on cross-examination. Ben also reflects on some of his most notable cases, including the acquittal of Sean "Diddy" Combs on gun and bribery charges in 2001 and the acquittal of nightclub mogul Peter Gation after an eight-week racketeering trial. Criminal defense often takes an emotional toll on the criminal defense lawyer, who is witness to the devastating impact criminal prosecutions have on families and personal reputations. Finally, John and Ben discuss criminal justice reform. Ben criticizes mandatory sentencing minimums laws and advocates for judicial discretion to prevent unjustly harsh sentences. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

John is joined by Michael Ng, partner at Kobre & Kim.  They discuss the $604 million verdict Michael recently won in a trade secrets case in Alameda County Superior Court in California.  The punitive damages phase of the trial is expected to take place in the Spring. The case centered on allegations that Phillips 66 misappropriated Propel Fuels’ trade secrets while conducting due diligence for a potential acquisition that ultimately did not proceed.  Michael explains that Propel Fuels, a pioneer in renewable fuels, accused Phillips 66 of using proprietary data, including financial models, market research, and operational strategies, to replicate Propel’s business.  Despite Phillips 66's claims that it had no need for Propel’s information, Michael and his team demonstrated that the trade secrets were not only accessed but directly used to launch Phillips 66’s renewable fuels business.  The evidence Michael’s team presented included internal Phillips 66 documents and testimony that showed the rapid deployment of Phillips 66’s business mirroring Propel’s proprietary model.  Michael reviews the strategic decisions he made that led to the verdict, including choosing to proceed in state court rather than federal court, providing a detailed pretrial trade secrets disclosure, selecting jurors with technical expertise, and proactively calling a key defense witness during Propel’s case-in-chief.  He also describes how the trial team effectively explained the complex market and regulatory dynamics of renewable fuels through their clients’ testimony and expert witnesses.  John and Michael also discuss Propel’s damages case, which was based on an unjust enrichment theory that emphasized the head start Phillips 66 gained by leveraging Propel’s trade secrets.  Michael describes internal Phillips 66 communications stating that Propel’s information gave Phillips 66 a ten year head start on entering the renewable fuels market.  Finally, John and Michael also discuss broader trends in trade secrets litigation, including the growing importance of trade secret law in emerging technologies like AI and machine learning, where trade secrets often offer more protection than patents. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

John is joined by Catrin Griffiths and Christian Smith, the Editor-in-Chief and Litigation Editor of The Lawyer.  They discuss legal journalism in the UK.  John, Catrin and Christian agree that UK legal reporting is more analytical and critical of law firm strategies than U.S. legal journalism.  They attribute this to the UK’s centralized legal market in London and a British journalistic culture that favors accountability and critical analysis.  They explain that The Lawyer, originally a print magazine, has evolved into a digital platform combining news, data, and insight, providing in-depth analysis of law firms' performance and strategy.  The publication operates like a financial news outlet dedicated to the legal sector, reflecting the industry’s significant contribution to the UK economy.  It covers everything from major legal trends to firm strategies and even lighter, cultural stories within firms.  They also discuss the growing dominance of U.S. law firms in London, noting that American firms often outpace UK firms, perhaps due to longer working hours and more streamlined management.  Catrin explains that UK firms historically thrived with strong infrastructure and global networks, though they now face challenges adapting to market changes.  They also address cultural differences, such as the early retirement age at UK firms, contrasting with U.S. firms where partners often work well into their 70s.  Catrin and Christian also explain the importance of maintaining authenticity when law firms engage with journalists.  They advise against corporate jargon and encourage honest dialogue.  Finally, they discuss how stories about small quirky aspects of a firm’s culture can often reflect broader trends and resonate with readers.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

Jacob Buchdahl, a partner at Susman Godfrey, recently clinched a landmark $1.6 billion judgment against China Construction America for BML Properties over the failed Baha Mar Resort project. He delves into the fraud and contract breaches that plagued the project, detailing how CCA misled BML about construction timelines. Jacob discusses his strategic focus on the fraudulent acts revealed in internal documents, which ultimately led to a devastating bankruptcy for BML. The conversation highlights the complexities of international construction law and the challenges of legal adaptation.

David Boies, Chairman and Founding Partner of Boies Schiller Flexner, discusses his storied legal career, highlighting his role in landmark cases like marriage equality and sex trafficking. He shares insights on the unique dynamics of trial advocacy, where he views trials as both morality plays and searches for truth. Boies candidly reflects on the aging process in law, balancing diminishing memory with enhanced judgment. They explore the challenges of legal billing structures and the pressures courtroom lawyers face, emphasizing the intricacies of justice.

John is joined by Dennis Hranitzky, partner in Quinn Emanuel’s New York office and Head of the firm’s Sovereign Litigation Practice; Alex Loomis, senior associate in Quinn Emanuel’s Boston office; and John Bash, partner in Quinn Emanuel’s Austin office and Co-Chair of the firm’s National Appellate Practice. They discuss sovereign debt litigation, particularly the challenges of enforcing judgments against sovereign entities, and the team’s recent success executing on over $310 million in assets to enforce in judgments against Argentina.  Dennis describes his decades-long history of enforcing judgments against Argentina, starting with a case for Elliott Management in 2002, where strategies like freezing Argentina out of capital markets and exposing corruption were key to recovery.  The team’s recent case focused on the collateral for Argentina's “Brady” bonds, instruments from the 1990s designed to make sovereign debt more tradable.  The enforcement litigation was not over the collateral itself, but on Argentina’s "reversionary interest" in the collateral.  Alex explains how the team discovered and leveraged admissions from Argentina's SEC filings to identify attachable assets, including Argentina’s reversionary interest in zero-coupon bonds held in New York and Germany.  The legal arguments involved nuanced interpretations of the Foreign Sovereign Immunities Act, including whether the reversionary interest qualified as commercial property subject to attachment and whether its situs (location) was in New York or Germany.  John Bash describes the appellate process, in which the Second Circuit upheld the attachment, agreeing that Argentina’s reversionary interest was a commercial asset located in New York.  The discussion highlights the intellectual rigor required in such cases, involving intricate property law and sovereign immunity issues. The podcast concludes with reflections on Argentina’s expected attempt to obtain review by the U.S. Supreme Court and the professional satisfaction the team derived from winning such a unique and challenging case.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

Robert Giuffra, Co-Chair of Sullivan & Cromwell, shares insights from a leading law firm. He discusses the shrinking traditional litigation landscape and how his firm not only maintains but also grows its litigation practice. Giuffra emphasizes the need for adaptability amid evolving client relationships and market demands, including tech innovations and international outreach. The importance of firm culture, recruiting top talent, and mentoring future attorneys also takes center stage, highlighting Sullivan & Cromwell's commitment to exceptional legal service.

John is joined by Bill Price, partner in Quinn Emanuel’s Los Angeles office, and Steig Olson, partner in Quinn Emanuel’s New York office. They discuss the landmark $110 million jury verdict, trebled to $330 million under antitrust law, Bill and Steig recently won in the U.S. District Court for the District of Northern California. The award will be increased to compensate for the costs and attorney's fees incurred by the plaintiff. The dispute arose when Commercial Metals, a Texas-based competitor of Pacific Steel, purchased and shut down California’s only rebar mill, creating a regional monopoly in the rebar market—a critical component in construction. Pacific Steel planned to disrupt this monopoly by building a state-of-the-art, environmentally friendly steel mill using advanced Italian technology. However, Commercial Metals allegedly pressured the Italian supplier to block plaintiff Pacific Steel from accessing the necessary technology by creating a 500-mile radius “exclusivity” zone for the Italian technology around the steel mill they bought and shut down. Victory at trial hinged on simplifying a complex antitrust narrative into a clear, compelling story. Bill and Steig narrowed their case by focusing on the core issues, cutting extraneous expert testimony to streamline the presentation. They used an adverse witness, the former CEO of Commercial Metals, to expose the company's internal communications, which highlighted its intent to maintain market dominance by obstructing Pacific Steel's plans. Bill’s cross-examinations proved pivotal in exposing contradictions and discrediting the defendants’ narrative. The defendants primarily argued that the relevant market extended beyond California and that their exclusivity agreements were standard competitive practices. However, the jury found these defenses unconvincing, especially in light of evidence of deliberate efforts to suppress local competition and inflate prices. They also discuss the skillful collaboration between Steig, a rising young trial attorney, and Bill, a seasoned litigator renowned for his many trial victories.  This case underscores the importance of strategic focus, persuasive storytelling, and adaptability in high-stakes litigation.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

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 current sophisticated blend of common and civil law.  This transformation is supported by specialized jurisdictions like the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM), which offer international standards in arbitration and legal proceedings.  Mr. Al Tamimi notes how these developments have fostered competition and elevated local legal standards.  He also describes the UAE's rapid economic and social development, emphasizing its visionary leadership, diversification, and commitment to tolerance and innovation.  He explains how the UAE has addressed negative stereotypes about its business environment, emphasizing the UAE’s stringent new money-laundering regulations and its open approach to foreign investment.  The nation’s inclusive ethos, welcoming diverse expatriates and fostering collaboration, has been key to its success.  Looking ahead, Mr. Al Tamimi underscores the importance of focusing on future-facing sectors like AI, renewable energy, healthcare, and education.  He believes these fields will drive growth and advises young lawyers to align with emerging global trends.  Mr. Al Tamimi's passion for mentorship and his disciplined lifestyle reflect his commitment to sustaining the firm's legacy in the UAE’s evolving legal and economic landscape.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi