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Law, disrupted

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Feb 7, 2024 • 27min

The Art of Preparing Witnesses to Testify Before Congressional Committees

John is joined by Jim Wilkinson, Executive Chairman of TrailRunner International and Former White House Director of Communications.  They discuss the art of preparing witnesses to testify before congressional committees which is very different than testifying in court. This includes the importance of researching the members of Congress who will question the witness, knowing the discussions occurring in online forums each member frequents, and the four to six categories of questions they are likely to ask.  Using specific examples, they also discuss the importance of knowing and using “megatrends” in public opinion, the advantages of having a few key metaphors or “haymakers,” and the importance of preparing three or four “pivot points” to turn the force of an aggressive question away from the witness.  Finally, they discuss the role counsel can play in preparing the witness including researching evidence that makes the witness’s points, helping the witness to make their key arguments cogently, and providing confidence that their testimony will not create any legal jeopardy.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
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Jan 31, 2024 • 52min

The Lawyer who Advises the IDF on Law of War issues in Gaza

John is joined by Major Ben Wahlhaus who serves in the International Law Department of the Israel Defense Forces.   They discuss the application of the international law of armed conflict to the current operations in the Gaza Strip, including the sources of that law and the role that the International Law Department of the IDF plays in trying to assure compliance. They also discuss the three cardinal principles of targeting: distinction (which prohibits intentionally targeting civilians or civilian objects), precautions (which requires taking all feasible measures to mitigate civilian harm), and proportionality (which for each individual attack requires balancing the anticipated military advantage against the expected civilian harm) and the rules, procedures, and policies the IDF has in place to follow these principles in every attack.  They also discuss the distinction between war crimes and crimes against humanity and apply both legal standards to the actions of Hamas and the IDF after October 7.  They discuss Major Wahlhaus’ day to day activities as a lawyer adviser to the IDF.  Finally, they discuss the action South Africa brought before the World Court alleging that Israel is currently engaged in war crimes as well as genocide, including the Major’s role as part of Israel’s defense team and the evidence presented concerning Israel’s efforts to mitigate civilian harm.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
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Jan 23, 2024 • 26min

Exploring the Japanese Legal System: Insights from One of the Foremost Litigators in Japan

John is joined by Hisaya Kimura, Senior Counsel in the Tokyo office of Nagashima Ohno & Tsunematsu. They discuss aspects of the Japanese legal system, including Japan’s historical adoption of the German civil procedure system and subsequent incorporation of elements, such as cross-examination, of the American system. They also discuss how Japanese litigants typically exchange multiple detailed briefs covering both factual and legal issues in detail for years before trial followed by trials that last less than a day with only one witness testifying for each side. They also discuss key differences between Japanese and American litigation, including the absence of discovery, juries, and punitive damages in Japan as well as the application of the beyond reasonable doubt standard in civil litigation. Finally, they discuss recent changes to the legal profession in Japan, including the expansion of Japanese law firms beyond litigation to include advice on regulatory, M&A and competition issues, the expansion of leading Japanese firms into international markets and the impact foreign firms have had by opening Japanese offices.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
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Jan 18, 2024 • 21min

From Lagos to New York: An Associate’s Remarkable Journey

John is joined by Temi Omilabu, an associate in Quinn Emanuel’s New York office.  They discuss her remarkable journey from her childhood in Lagos, Nigeria, to becoming a trial lawyer at Quinn Emanuel, including the adjustments she had to make moving from Lagos to first Florida then Texas, her years at Case Western University where she earned her Master’s degree in Bioethics and her work after graduating for two global health-focused nonprofits.  They also discuss her love of advocacy and storytelling that led her to law school, her internship in the Manhattan District Attorney’s Office and her post-law school fellowship in the General Counsel’s Office at Yale.  Finally, they discuss how Temi’s interest in litigation lead her to Quinn Emanuel’s New York office,  where she immediately started working on depositions and on multi-district litigation and went to trial in a pro bono case within her first year with the firm.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
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Jan 11, 2024 • 31min

Building a Global Financial Hub From Scratch: Abu Dhabi's ADGM

Emmanuel Givanakis, CEO of ADGM, discusses how ADGM became a global financial hub by implementing English common law, attracting investors through legal certainty, and crafting financial legislation based on best practices. They also explore regulations on FinTech, digital assets, and carbon markets. Challenges include a global recession and geopolitical issues, while emphasizing the importance of capital mobility and the positive relationship between ADGM and DIFC.
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Jan 4, 2024 • 46min

In House Corporate Counsel Practice in China

Leslie Zhang Weihua, VP and General Counsel of United Energy Group, discusses providing legal services for state-owned enterprises (SOEs) and private companies in China. He compares the differences in decision-making processes and priorities, the importance of understanding Chinese client expectations for Western lawyers, challenges faced by Western law firms in getting paid, and the expansion of Chinese law firms overseas.
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Dec 22, 2023 • 29min

Behind the Colorado Ruling that Trump is Not Qualified for President

John is joined by Sean Grimsley, Partner at Olson, Grimsley, Kawanabe, Hinchcliff & Murray LLC, one of the lawyers who represented the plaintiffs in the case in which the Colorado Supreme Court made the historic ruling that former President Donald Trump is not eligible to be elected President in 2024.  They discuss how Sean became involved in the case which his firm filed the day after it first opened its doors, how the case progressed rapidly as a special expedited state court proceeding under the Colorado Election Code, and the bench trial that concluded less than two and a half months after the case was filed.  They also discuss the fact witness who testified about the events of January 6, 2021 and the battle of historical legal experts on the original meaning of Section Three of the 14th Amendment which provides that no person may hold federal office if they previously took an oath of loyalty to the United States and later engaged in insurrection against it.  They also discuss the defenses asserted that the Colorado Election Code did not apply, that the Presidency is not an “office” within the meaning of the 14thAmendment, that this was a political question under federal constitutional law, that the only actions complained of consisted of protected speech under the First Amendment, and that the events of January 6 did not amount to an insurrection.  Finally, they discuss the expedited  appeal of the trial court’s decision before the Colorado Supreme Court, the likelihood that the U.S. Supreme Court will review the case and the status of similar 14th amendment  suits in other statesPodcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
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Dec 19, 2023 • 27min

From Taxi Driver to Farmer to Lawyer: Associate Michael Nosanchuk's Journey

Michael Nosanchuk, a former taxi driver and sustainable farmer, discusses his unique journey to becoming a successful lawyer in the premier art disputes practice. Topics include cultural fluency from driving a cab, patience and perseverance from farming, and the importance of storytelling in the legal profession.
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7 snips
Dec 13, 2023 • 40min

From Beijing to New York and Back: A Chinese Associate’s Unique Journey

Yixuan Zhu, an associate in Quinn Emanuel's Beijing office, discusses her unique journey studying law in both China and the US. She shares her experiences conducting high stakes investigations in China, representing KKR in a trial, and playing a role in expedited multi-billion dollar litigation in Delaware Chancery Court. Yixuan also talks about opening law firm offices in Shanghai and Beijing, her transformative experiences in hiking, and the importance of cross-cultural communication.
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Dec 5, 2023 • 36min

Top of Mind - Eric Grossman, Chief Legal Officer of Morgan Stanley

John is joined by Eric F. Grossman, Chief Legal Officer and Chief Administrative Officer of Morgan Stanley.  They discuss the current legal issues facing General Counsel at major international institutions including how generative AI and machine learning will impact legal services and how companies interact with their clients; when companies should speak out on social issues; and the current regulatory push regarding financial disclosures, antitrust concerns and climate related issues.  They also discuss ESG efforts including the impact of such efforts on employee morale, the capital commitments necessary to transition to sustainability and the importance of accuracy in disclosing ESG commitments.  They also discuss cryptocurrencies, including building the infrastructure and trading and the relatively slow adoption of blockchain.  Finally, they discuss areas of increasing legal risk, including risks facing businesses built on business models that assumed low interest rates and the opportunities for distressed asset investors and bankruptcy practitioners.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

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