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Law, disrupted

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Sep 5, 2024 • 39min

Inside Meta’s $1.4 Billion Biometric Privacy Settlement

John is joined by Zina Bash and Ashley Keller, both Partners at Keller Postman, LLC which, with the Texas Attorney General, represented the State of Texas in an enforcement action against Meta Platforms for violations of Texas's biometric privacy law.  They discuss the landmark $1.4 billion settlement they obtained from Meta for capturing and using biometric identifiers like face geometry without consent, the largest settlement ever by a single state.  They explain how Texas’s biometric privacy law differs from the better-known Illinois biometric privacy act because in Texas, there is no private right of action;  only the state attorney general can bring lawsuits.  Ashley explains that the claims against Meta concerned capturing biometric identifiers, such as the face geometry, of millions of Texas residents without informed consent, disclosing this data without permission, and failing to delete it after use.  Among other defenses, Meta argued that because Facebook is a free service, it did not collect this information for commercial purposes.  The State argued that Meta’s actions were clearly tied to its business model.  Meta also argued that it should not be penalized for scanning the faces of non-Facebook users because Meta could not obtain informed consent from non-users.  The court rejected this argument, ruling that this was still a violation of the Texas law.  They then discuss how the settlement followed a fast-track 18-month litigation process, a stark contrast to a similar Illinois case against Meta, which lasted five and a half years. Zina attributed the speed of this case to the aggressive approach of the Texas attorney general's office, which had been investigating Meta for over a year before the suit was filed.  She explains that a major turning point was the Texas court’s decision requiring Meta CEO Mark Zuckerberg to sit for deposition. Zina explains that Meta faced potentially ruinous damages of $25,000 per photograph that appeared on Facebook or Instagram.  The discussion then turns to broader privacy concerns.  Ashley and John note that Americans' attitudes towards privacy seems to have evolved, particularly regarding the intrusive data collection practices of tech giants like Meta. In the past,  people might be willing to trade personal data for free services like social media, but more recently people are increasingly wary of how their information is being used without consent, especially as companies like Meta monetize that data.  Finally, they note that most users don't fully read or understand the terms of consent they agree to in user agreements, raising questions about how genuinely informed their consent truly is.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
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12 snips
Aug 29, 2024 • 57min

Conversation with Managing Partner of the $7+ Billion Law Firm

Jon Ballis, Chairman of Kirkland & Ellis, shares his journey from M&A lawyer to leading one of the world's top law firms. He discusses the firm's unique flat organizational structure, fostering organic leadership. The conversation touches on Kirkland's client-driven strategy, adapting to market needs, and the expansion into private equity and energy sectors. Jon also highlights the importance of embracing calculated risks and innovation in legal markets, alongside the complexities of partnership structures and the growing role of litigation in the firm’s revenue.
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Aug 22, 2024 • 37min

How I Made Partner at Quinn Emanuel

John is joined by three of Quinn Emanuel’s newest partners, K. McKenzie Anderson, Partner in Quinn Emanuel’s New York office; Jodie Cheng, Partner in Quinn Emanuel’s San Francisco office; and Ryan Rakower, Partner in Quinn Emanuel’s New York office. They discuss the very different paths they took to becoming partners at the firm. Ryan grew up and went to law school in New York City where, after clerking for a judge, he joined Quinn Emanuel’s New York office. His practice centers on civil commercial disputes representing private investment firms and insurance companies and he has spent his entire career at the firm. McKenzie grew up in Oklahoma, the latest in a long line of lawyers in her family, swearing that she would never become a lawyer. She worked in Moscow, Russia, for several years before eventually going to law school and starting her legal career at Quinn Emanuel’s New York office. She became a prosecutor with the U.S. DOJ for several years before returning to Quinn Emanuel where she practices in white collar criminal defense work and investigations as well as regulatory matters while working remotely from her home in Oklahoma. Finally, Jodie grew up in San Francisco in a family of engineers and became intrigued with intellectual property litigation. She spent the first four to five years of her legal career at one of the largest law firms in the world then pivoted to become a solo practitioner for four years before joining Quinn Emanuel where she does intellectual property litigation in the semiconductor and chip design, AI and machine learning, and medical device industries. They also discuss their motivations to be the best at what they do and the importance to them of working in a collaborative environment. Finally, they discuss the inherent anxieties of life as an associate and offer their suggestions to younger lawyers on how to succeed despite those anxieties.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
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Aug 15, 2024 • 31min

A Conversation with Singapore Attorney-General, Lucien Wong

Lucian Wong, the Attorney-General of Singapore, oversees the nation's legal matters and prosecutions. He reveals his office's unique independence from the cabinet and legislature. Discussions cover the division's roles—criminal, civil, legislative drafting, and international affairs. Wong shares a gripping personal anecdote about defending Singapore in the International Court of Justice shortly after taking office. The conversation also delves into the controversial topic of caning as a punishment, examining its historical roots and its role as a deterrent in today's society.
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Aug 8, 2024 • 37min

Re-release: Jury Selection

John is joined by Michael A. (Mike) Brown, partner at Nelson Mullins and founder of the firm’s Baltimore office. Together, John and Mike discuss the process of successfully selecting a jury, including the importance of getting the jury to open up about their biases by disclosing some of your background or opinions and encouraging those jurors who voice biases against your client to speak freely. In addition, they discuss some of their favorite questions to ask to elicit biases from jurors who are reluctant to disclose them.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
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Jul 31, 2024 • 1h 6min

Re-release: International Arbitration

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.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
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Jul 25, 2024 • 50min

Important Recent Supreme Court Decisions Affecting the Business World

Join Christopher G. Michel and John Bash as they discuss recent Supreme Court decisions affecting business regulations, including overturning the Chevron doctrine and limiting agency interpretations. They also touch on jury trials vs. administrative law judges in SEC v. Jarkesy, impacting how cases are tried in federal court.
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Jul 19, 2024 • 34min

Legal Challenges in AI with Renny Hwang of OpenAI

Renny Hwang, Deputy General Counsel at OpenAI, discusses legal challenges in AI, such as copyright, product liability, and transparency. They explore the impact of patent laws on AI industry and the need for consistent regulations globally. OpenAI's focus on safe AI and collaborations with major partners are highlighted.
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5 snips
Jul 11, 2024 • 44min

Brad Karp on the Reinvention of Paul Weiss and Changes in Law Firm Partnerships

Brad Karp, the Chairman of Paul, Weiss, has transformed the firm from a litigation leader to a powerhouse in private equity and M&A since the 2008 financial crisis. He shares insights on recruiting top talent and the firm’s rapid growth in London. Karp discusses the rise of AI in law, regulatory concerns surrounding it, and the impacts of climate change on legal practice. He also emphasizes the firm’s commitment to social justice amid political challenges, showcasing the balance between profitability and ethical advocacy.
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Jun 28, 2024 • 52min

Marc Kasowitz on Changes in Firm Partnership Structure and Compensation; Anti-Semitism on Campuses

   John is joined by Marc E. Kasowitz, Founder and Managing Partner of Kasowitz Benson Torres LLP.  They discuss the increasing mobility of law firm partners, the rise of superstar lawyers with multi-year mega compensation deals and the growing number of salaried partners in large law firms and how those trends have changed compensation strategies and firm dynamics.  The discussion then shifts to the cases Marc’s firm has brought on behalf of Jewish students and an organization of Jewish students against NYU, Columbia, Harvard, and the University of Pennsylvania for failing to protect Jewish students from the recent upsurge in anti-Semitic activity on those campuses.  Marc explains the legal basis of the lawsuits in Title VI of the Civil Rights Act of 1964, the allegations that the universities have been deliberately indifferent to anti-Semitic conduct and attacks, and that the remedies sought are injunctive relief rather than monetary damages.  Marc also explains his view that the universities’ behavior stems from a shared woke ideology that the world is divided into oppressors and oppressed and all actions, including violence, taken by the oppressed is allegedly justified.  Finally, they discuss how the responses of many universities to these protests have resulted in silencing legitimate speech and the cancellation of many graduations.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

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