Law, disrupted

Patrick D. Curran, a partner at Quinn Emanuel specializing in AI legal issues, discusses critical topics surrounding artificial intelligence in this engaging conversation. He highlights the inadequacies of patent law in protecting AI innovations, especially around algorithms and prior art. Curran reveals how companies are increasingly leaning on trade secrets for protection, despite enforcement challenges. The conversation touches on AI's role in invention and the intricate legal battles over copyright and data scraping in rapidly evolving tech landscapes.

In this episode of Law, disrupted, John is joined by a professor of Ethics and Finance at NYU’s Stern School of Business and a director of the Center for Business and Human Rights, Michael Posner. He is also joined by Julianne Hughes-Jennett, Head of Quinn Emanuel’s ESG practice and experienced litigator of business and human rights issues. Together, they discuss what we really understand the term “human rights” to mean for business and the current challenges regarding human rights implementation across the business world.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

In a captivating discussion, Richard East, founder of Quinn Emanuel’s London office, brings his extensive legal expertise to the table. He dives into the stark contrasts between the U.S. and U.K. legal systems, such as the mandatory pre-action protocols in the U.K. and the unique division of solicitors and barristers. Richard highlights the implications of differing discovery procedures and the rarity of jury trials in civil cases across the pond. The conversation also touches on witness preparation limitations and the complexities of interim relief, offering insights for navigating these legal landscapes.

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

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.

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

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.

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

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

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.