Law, disrupted

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 companies that blocked the election of new directors. This control deadlock posed an existential threat, as Chinese regulators warned the company it could be delisted if control was not reestablished by the end of the year. The urgency of the situation demanded a rapid litigation strategy across three U.S. jurisdictions: Texas, Nevada, and Delaware. The client’s initial effort, led by another firm, to resolve the matter in Texas failed because of the “internal affairs doctrine,” which required adjudication in Delaware, where the entities were incorporated. Fortunately, the other side initiated a Delaware proceeding allowing the Chinese parent to counterclaim and consolidate all issues under a highly expedited schedule. A key early win was securing a “status quo” order in Delaware, which froze major corporate actions and gave the new board veto power over decisions exceeding $100,000, effectively halting adverse moves by the former management. The case involved extensive discovery, much of it in Mandarin, and included WhatsApp, WeChat, and other messaging platforms. Advanced AI tools played a crucial role in accelerating document review, translating materials, and aiding strategy development. Cultural sensitivity and coordination with Chinese counsel were also essential to preparing the case. As trial approached, the opposing side sought settlement, likely due to being overwhelmed by the pace and depth of the litigation.  Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

David Proman, Co-founder and Managing Partner of Atlas Grove Partners, dives into the world of high-stakes litigation. He shares his revolutionary approach of treating legal claims as investment opportunities, detailing the immense recoveries from RMBS activism and the Celsius bankruptcy's complexities. David emphasizes the importance of informed legal counsel and client involvement in processes. He also highlights potential future legal risks in AI infrastructure, signaling a looming wave of litigation. Get ready for insights from a seasoned expert!

Join Richard East, a partner at Quinn Emanuel specializing in insolvency, and Karabeth Ovenden, also a partner with a focus on litigation, as they dive into the monumental restructuring of NMC, the UAE's largest healthcare provider. They uncover how a report from Muddy Waters led to NMC's shocking $6.5 billion debt revelation. Discover the novel strategy of relocating 36 NMC companies into Abu Dhabi's Global Market, navigating legal complexities to protect assets while ensuring vital healthcare services continued during the pandemic.

Alex Spiro, a top trial lawyer at Quinn Emanuel, dives deep into the art of trial preparation, emphasizing a thorough understanding of evidence to create compelling narratives that resonate with juries. He believes in the power of psychological insights over mock juries, valuing his personal convictions when shaping trial themes. Juggling multiple cases requires intense focus, which he attributes to strong team support. With a passion for criminal justice reform, Alex discusses the need for changes in systemic biases and the potential risks AI poses to fair sentencing.

Essam Al Tamimi, founder and chairman of Al Tamimi & Company, shares insights from his journey in establishing the leading UAE law firm. He reflects on the UAE's rapid transformation since 1971 and its unique blend of common and civil law. Essam highlights the visionary leadership driving the nation’s development and the role of specialized jurisdictions like DIFC and ADGM in elevating legal standards. He also addresses the UAE's reputation for tackling money laundering and the importance of an inclusive, multicultural environment that attracts talent.

Leslie Zhang Weihua, Vice President and General Counsel of United Energy Group, shares his extensive legal experience within both state-owned and private energy companies in China. He explores the procedural differences between these entities, highlighting the complexities SOEs face in decision-making. Leslie also discusses the expectations of Chinese clients for creative legal solutions, contrasts the training and expertise of Chinese and Western law firms, and emphasizes the role lawyers can play in improving U.S.-China relations amidst rising tensions.

Join celebrated legal analyst Jeffrey Toobin, a bestselling author known for his deep dives into major legal stories, as he discusses his fascinating journey from law to journalism. He reveals insights from his clerkship on the Second Circuit and his experience as an Assistant U.S. Attorney. Toobin shares his disciplined writing routine, including his daily quota of 1,250 words. He delves into why trials captivate readers, the artistry of trial lawyers as storytellers, and reflects on unforgettable figures like Johnny Cochran and Sandra Day O’Connor.

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 stage.  Attorney-General Wong also explains that he is the Chairman of the Legal Service Commission which employs all lawyers working in his office and is independent from the Public Service Commission, which employs all other civil servants in Singapore.  They discuss the case where, less than a month after he became Attorney-General, Malaysia brought an action against Singapore in the International Court of Justice to reclaim an island off the coast of Singapore, requiring Attorney-General Wong to become an international lawyer overnight.  Finally, they discuss Singapore’s use of caning as a criminal punishment, including how the practice originated in India’s penal code which Singapore inherited upon achieving independence, its value as a deterrent, and that Singapore’s reputation as a clean, efficient, civil society might be attributable in part to the deterrent effects of its criminal punishments.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

Rachel Geman, a partner at Lieff Cabraser, and Justin A. Nelson and Rohit Nath, both partners at Susman Godfrey, dive into the monumental $1.5 billion copyright recovery from Anthropic. They discuss the serious implications of using over 450,000 pirated works to train AI models. Judge Alsup's decision deemed this conduct irredeemably wrong. The guests also explain the structured claims process for authors, the importance of destroying infringing copies, and broader issues of creator consent and AI's existential risks.

Carolynn Levy, Chief Legal Officer of Y Combinator, oversees legal matters for the accelerator that birthed startups like Airbnb and DoorDash. She shares insights on YC's growth to funding roughly 600 startups annually across four batches. The selection process involves evaluating 20,000 applications, emphasizing resilient founders over mere ideas. Carolynn highlights the evolution of Demo Day, now accessible to more investors online, and discusses the unique challenges of legal issues and immigration for founders in today's landscape.