Law, disrupted

Guests:  Robert Zink, former head of the U.S. Justice Department’s Criminal Division, Fraud Section and partner in Quinn Emanuel’s Washington, D.C. office and Steve Madison, former federal prosecutor and partner in Quinn Emanuel’s Los Angeles office. John, Robert, and Steve follow up on their August 2023 podcast about the four pending criminal actions against former President Donald Trump. They discuss how events might play out if , as seems likely, Trump is convicted in one or more of the cases.  They discuss the current timeline of each case and which will likely go to trial before the November election. They also discuss the consequences of possible convictions in each case, including the range of potential sentences, the procedures involved in sentencing, and the likelihood that he would remain free on bond.  They also discuss the impact any potential convictions would have on his ability to remain on the ballot, possible challenges to enforcing any sentences should he win the election, and the possibility of obtaining pardons, whether by himself or President Biden for the potential federal convictions or by the Governors of New York or Georgia in the state cases. They also discuss a potential Constitutional crisis if he were to refuse to report to prison and potential solutions such as a special sentencing to home detention or delayed prison time until after presidential term.  .  Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

Join John and Dennis as they dive into intricate legal battles against sovereign states, discussing challenges in debt recovery, investor-state arbitration, and legislative support for sovereigns. They explore cases against state sponsors of terrorism, complexities of enforcing judgments, and the evolving US stance on arbitration awards.

David A. Nelson, a successful patent trial lawyer, discusses the differences in trying patent cases. Topics include developing common sense explanations for technical arguments, creating a consistent narrative, and utilizing fact witnesses to bring technical arguments to life.

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

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

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

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

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.

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.

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