Law, disrupted

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

John is joined by Darius J. Khambata, SC, a barrister in the Mumbai office of One Essex Court.  They discuss the civil justice system in India, including the absence of a standing requirement to bring public interest litigation, the burden on the judiciary of handling millions of cases, and the emphasis on oral argument rather than written submissions.  They also discuss how, for many cases, the decision on interim relief is effectively determinative, how arbitration is becoming increasingly prevalent, and the prospect that technology and a new influx of highly skilled young lawyers may dramatically improve the efficiency of the Indian civil justice system. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

One of the most difficult tasks facing our legal system is determining the compensation to provide individual victims of many of the large-scale tragic events that our country has faced in recent years.  In this episode of Law, disrupted, John is joined by attorney Kenneth (Ken) Feinberg, a mediator extraordinaire who has settled some of the most high-profile mass tort and disaster disputes the US legal system has ever seen as well as managing the claims administration programs for terrible events that did not result in litigation. He has managed the victim compensation funds in high-profile tragedies including the 9/11 Victim Compensation Fund, the BP oil spill fund, and the victim assistance funds established in the wake of the Boston Marathon bombings and the Sandy Hook shooting. Mr. Feinberg also resolved victim compensation issues in the General Motors ignition switch cases, the VW diesel emissions cases, the Boeing 737 MAX crash cases, the Eli Little DES cases, the Shoreham Nuclear Plant cases, Agent Orange, asbestos, among many others.  Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

John Quinn is joined by Karl Hennessee, Senior Vice President and Head of Litigation, Investigations, and Regulatory Affairs at Airbus.  Karl supervises Airbus’s criminal investigations, regulatory cases, product liability cases, and commercial arbitration disputes, covering incidents as significant as air crashes, as well as other disputes.  He discusses the importance of maintaining a "hundred-year view" of issues that includes overseeing issues that arose 50 years in the past while preparing for regulatory challenges 50 years in the future.  His team includes specialists in AI, aircraft certification, and arbitration, all of whom share a "democracy of ideas" approach to developing case strategies.  Karl identifies three core principles that guide Airbus's dispute management: viewing disputes as tools for managing risk rather than ends in themselves; "strategic empathy" — understanding opposing interests and perspectives to improve outcomes; and humility in handling high-stakes, high-profile cases. In house lawyers need to earn trust by translating legal issues into actionable insights for business leaders, often by first understanding the technical aspects of Airbus’s products.  Public relations play a critical role in managing disputes, especially for a company under constant public scrutiny.  There must be close collaboration with communications teams to present balanced narratives and build public trust even in adverse situations.  John and Karl also discusses emerging areas of concern such as ESG regulations and the recent breakdown of international norms of comity and deference to foreign judicial decisions, especially with respect to the effect of international sanctions.  Karl has extensive experience in international arbitration and is the former Chairman of the Governing Body of the ICC Court of International Arbitration.  He offers his insights about potential improvements in arbitration, particularly requiring shorter case timelines, having early case assessments to weed out hopeless frivolous  cases and other suggestions summarized in a recent paper published by the London Court of International Arbitration.  Finally, he shares advice on work-life balance, emphasizing the importance of dedicating time to personal interests and preserving a sense of fulfillment in both professional and personal life.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

Guests:  Luke Nikas, partner in Quinn Emanuel’s New York office and Quinn Emanuel associates Sara Clark, Jennifer Stern, and Stephanie KelemenJohn is joined by four members of the trial team that obtained a dismissal of all charges in the recent New Mexico manslaughter case against Alec Baldwin.  Mr. Baldwin was charged by the State of New Mexico with involuntary manslaughter following the death of cinematographer Halyna Hutchins on the set of the film Rust when a prop gun Mr. Baldwin was holding accidentally discharged.  They discuss the events of the tragic accident and the initial investigation by the District Attorney’s office, which did not suggest any intent to charge Mr. Baldwin with a crime until about ten minutes before the press release announcing the manslaughter charges.  They also discuss the resignation and replacement of the first Special Prosecutor, the FBI’s destruction of the gun while testing it and the prosecution’s subsequent dismissal of charges without prejudice, only to suddenly refile the charges later.  Luke describes the team’s pretrial motions to dismiss based upon the destruction of the gun, the withholding of evidence from the defense, and improper conduct by the prosecution before the grand jury.  On the question of why there was live ammunition on a movie set, a critical breakthrough came during trial when witnesses testified that a former law enforcement officer had informed the prosecution that he had stored live ammunition for the film’s prop supplier. The testimony revealed that these live rounds were potentially mixed in with dummy rounds used to train actors on other movie sets, offering a plausible alternative explanation for the live bullets found on the Rust set.  The prosecution withheld this information from the defense before trial even though it cast doubt on the prosecution’s theory that the film’s young armorer was responsible for introducing live rounds to the set.  The judge, after learning that the concealed bullets matched the type used in the fatal shooting, ruled that the prosecution had failed to disclose critical evidence and dismissed the charges mid-trial due to prosecutorial misconduct. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

Philippe Pinsolle and Simon Vorburger, partners at Quinn Emanuel, played pivotal roles in securing a historic €14 billion arbitration award for Uniper against Gazprom. They unravel the dramatic halt of gas supplies by Gazprom, which sent shockwaves through the German energy market. The discussion highlights the questionable force majeure claims made by Gazprom, revealing inconsistencies that shaped the case. The arbitration process, conducted without Gazprom's direct participation, showcased both the complexities and urgency of navigating legal challenges amidst an energy crisis.

In this engaging discussion, Alex Spiro, a leading trial lawyer at Quinn Emanuel, shares his tactics for trial preparation, emphasizing the importance of immersing oneself in every detail. He explores the influence of human psychology in crafting compelling narratives for juries. Balancing multiple cases while prioritizing client needs is another focal point, alongside a heartfelt discussion on criminal justice reform, advocating for changes to address systemic biases and improve fairness. Alex's insights blend legal expertise with a passion for justice.

John is joined by Mark J. Sundahl, Professor of Law at Cleveland State University College of Law and the Director of the Global Space Law Center. They discuss the evolving law governing activities in outer space. Prof. Sundahl explains that space law originated from concerns during the Cold War when Sputnik, the first Soviet satellite, flew over the U.S., raising fears that nations could potentially place nuclear weapons in space, hovering over and ready to drop on other nations. This led to the creation of the 1967 Outer Space Treaty, establishing fundamental principles such as "free use of outer space," the prohibition of nuclear weapons and claims of sovereignty on celestial bodies, and the ability of private companies to operate in space under the authorization and supervision of their countries’ governments. Prof. Sundahl also explains the international treaties on the rescue of astronauts, liability for space activities and for registration of objects sent to space. They then discuss how liability for damages caused by space objects is becoming increasingly pressing due to the rapidly increasing congestion of satellites and the aging of equipment that has been in orbit for decades. One example Prof. Sundahl discusses is a recent case where a falling piece of an American company’s capsule being operated by NASA damaged a house in Florida. He explains that, normally, international treaties impose strict liability on states for surface damage, but incidents within a country are governed by domestic law. He also explains that for damages that occur in orbit, liability issues become complex due to the lack of established norms. Prof. Sundahl then observes that although the United States heavily regulates private companies’ activities in space, new challenges have arisen, such as resource extraction on celestial bodies. He explains that although the Outer Space Treaty prohibits sovereignty over the Moon, the U.S. allows companies to own resources extracted from the Moon, a stance that is not universally accepted. Professor Sundahl also describes the legal uncertainty surrounding suborbital and orbital space tourism. He explains that currently, suborbital flights require minimal safety disclosures, and orbital tourism lacks regulation entirely, raising concerns as private companies expand their operations. Finally, Prof. Sundahl explains the growing threat of militarization in space and that, with countries developing military capabilities and the U.S. establishing a Space Force, there is a real risk of conflicts extending beyond Earth.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi