John is joined by Jacob Buchdahl, partner at Susman Godfrey.  They discuss the landmark $1.6 billion judgment Jacob recently won in New York state court on behalf of BML Properties against China Construction America, Inc. (CCA).  The case concerned allegations of fraud and breach of contract over the failed development of the Baha Mar Resort, a luxury property in the Bahamas.  Jacob explains that BML Properties envisioned the Baha Mar Resort as a competitor to the Atlantis resort in the Bahamas.  Following the 2007 financial crisis, BML secured funding from a Chinese policy bank, which required hiring CCA as the contractor as part of China’s Belt and Road initiative.  CCA, a subsidiary of the state-owned China State Construction Engineering Corporation, also became an investor in the project.  The relationship soured as construction delays mounted, culminating in late 2014 when CCA promised that the resort would open in March 2015.  Relying on these assurances, BML incurred significant expenses to prepare for the opening.  However, internal CCA documents obtained during discovery showed that CCA knew it could not meet the deadline and withheld this information.  Worse, the documents suggested CCA intentionally delayed completion to maintain leverage over BML, leading to a liquidity crisis, bankruptcy, and the loss of BML’s $800 million investment.  Jacob explains his legal strategy, including narrowing the case to focus on fraudulent acts at the critical late stages of the project and contractual breaches that were clearly distinguishable from the fraud allegations.  He explains that the trial featured crucial evidence from internal communications and expert testimony on damages and financial mismanagement.  He also explains that the judgment is nearly twice BML’s damages because of New York’s high pre-trial interest rates.  Despite CCA’s appeal and potential bankruptcy, Jacob remains optimistic about enforcing the judgment and securing justice for his client.

Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

Mark your calendars for January 5, 2025, as we bring the legal world’s most exciting conversations to life in Beijing! 

Join John Quinn and some of China’s most prominent legal figures for an exclusive live podcast series recording and fan meetup.  John and his guests will discuss the opportunities and challenges of Chinese companies going global, the evolving trends in the legal markets of China and the U.S., and John’s own extraordinary journey as a leading litigator and the founder of the “Most Feared Law Firm in the World.”  Stay tuned over the next few days as we unveil a lineup of special guests! 

📅 Date: January 5, 2025 (Sunday afternoon)

📍 Location: Chaoyang District, Beijing (Details upon registration) 

Register NOW!  Seats are limited—don’t miss your chance to engage with the brightest minds in the legal industry!

2025年1月5日，我们与您相约北京，共赴法律界的视听盛宴！ 

昆鹰创始合伙人John Quinn将携手几位中国法律界的重量级嘉宾，为您带来一场别开生面的“中国特别系列”线下播客录制活动和粉丝见面会。John将和几位嘉宾“神仙对谈”，畅聊中国企业全球化的机遇与挑战、中美法律市场的新趋势，以及John Quinn自己作为诉讼律师及“全球最令人畏惧的律所”创始人的精彩故事。接下来几天，神秘特邀嘉宾将陆续揭晓，精彩不容错过！

 📅 时间：2025年1月5日周日下午

📍 地点：北京朝阳区（具体地点报名后通知）

*本次活动不进行直播，届时现场将提供同声传译 

席位有限，立即报名，与法律界顶尖人物面对面交流！

Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

 John is joined by one of the most famous litigators in the world, David Boies, Chairman and Founding Partner of Boies Schiller Flexner.  They discuss David’s career, unique aspects of trial work, and the challenges of transitioning leadership in law firms.  David describes his early years at Cravath, Swaine & Moore, LLP, where he became a partner in 1972, and his founding of Boies Schiller in 1997.  He candidly discusses the aging process, especially the balance that exists between somewhat diminishing memory and the ever-improving judgment that comes with experience.  Despite plans to step down as Chairman of his firm at the end of the year, David remains engaged in high-stakes litigation, particularly cases which may improve society, such as marriage equality and sex trafficking litigation.   John and David also discuss trial advocacy.  David believes that trials are both morality plays and peculiar searches for truth, shaped by a unique decision-making process that excludes jurors with specialized knowledge and forbids them from seeking knowledge in the ways they are accustomed to.  They also discuss the unique pressures on courtroom lawyers, including the need to say everything right in real time, having a professional constantly trying to make you look bad, a jury that studies everything you say or do, and clients watching whose fortune or liberty depends on your performance.  John and David also discuss the business of law, critiquing the hourly billing model and reflecting on the challenges of aligning client and firm interests in alternative fee arrangements.  They agree that legal practice, while demanding, remains intellectually and personally rewarding.  David also offers his thoughts on his late friend and sometimes adversary Ted Olson, whose integrity, warmth, and professionalism left a lasting impact.  Finally, John and David discuss the possibility of a follow-up to David’s book Courting Justice, which chronicled significant cases from his career in light of the major cases he has had in the years since the book was published.

Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

John is joined by Dennis Hranitzky, partner in Quinn Emanuel’s New York office and Head of the firm’s Sovereign Litigation Practice; Alex Loomis, senior associate in Quinn Emanuel’s Boston office; and John Bash, partner in Quinn Emanuel’s Austin office and Co-Chair of the firm’s National Appellate Practice. They discuss sovereign debt litigation, particularly the challenges of enforcing judgments against sovereign entities, and the team’s recent success executing on over $310 million in assets to enforce in judgments against Argentina.  Dennis describes his decades-long history of enforcing judgments against Argentina, starting with a case for Elliott Management in 2002, where strategies like freezing Argentina out of capital markets and exposing corruption were key to recovery.  The team’s recent case focused on the collateral for Argentina's “Brady” bonds, instruments from the 1990s designed to make sovereign debt more tradable.  The enforcement litigation was not over the collateral itself, but on Argentina’s "reversionary interest" in the collateral.  Alex explains how the team discovered and leveraged admissions from Argentina's SEC filings to identify attachable assets, including Argentina’s reversionary interest in zero-coupon bonds held in New York and Germany.  The legal arguments involved nuanced interpretations of the Foreign Sovereign Immunities Act, including whether the reversionary interest qualified as commercial property subject to attachment and whether its situs (location) was in New York or Germany.  John Bash describes the appellate process, in which the Second Circuit upheld the attachment, agreeing that Argentina’s reversionary interest was a commercial asset located in New York.  The discussion highlights the intellectual rigor required in such cases, involving intricate property law and sovereign immunity issues. The podcast concludes with reflections on Argentina’s expected attempt to obtain review by the U.S. Supreme Court and the professional satisfaction the team derived from winning such a unique and challenging case.

Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

John is joined by Robert Giuffra, Co-Chair of Sullivan & Cromwell.  They discuss key challenges and strategies in the law firm industry.  Robert highlights the evolving dynamics of law firms, noting that while traditional litigation practices are shrinking at some major firms, Sullivan & Cromwell has maintained and grown its litigation practice.  This balanced approach has helped ensure consistent profits, even during economic downturns like 2008, by leveraging the firm’s strengths in financial, regulatory, and litigation work.  They also discuss the complexities of managing equity partnerships and maintaining profitability amid changes in client-law firm relationships structures and the consolidation in the client marketplace.   It is important to adapt to new market demands, such as expanding tech-related work and diversifying international outreach to include regions like Southeast Asia, India and the Middle East.  John and Robert emphasize that it is also necessary to maintain a consistent firm culture that delivers high-quality legal services, noting that clients value creativity, cohesion, and competence.  Robert shares anecdotes of being called in to resolve issues mishandled by other firms, attributing Sullivan & Cromwell’s success to the exceptional quality of its attorneys.  They also discuss recruitment strategies, emphasizing the importance of attracting top talent and mentoring that talent as it develops, as well as carefully evaluating potential lateral hires to ensure they fit within the firm’s culture.  The discussion concludes with reflections on leadership and the critical role of teamwork in professional services organizations.  Robert references Harvard professor Jay Lorsch’s book Aligning the Stars and discusses its insights to managing talented individuals with strong egos.  Ultimately, both John and Robert agree that a firm’s reputation rests on the quality of its people and their ability to consistently deliver superior results for clients.

Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

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.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music 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.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music 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.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music 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.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

 John is joined by Michael A. Barlow, partner at Abrams & Bayliss LLP, and Silpa Maruri, partner at Quinn Emanuel's New York office. Together, they discuss litigation in Delaware, which John briefly highlights as the epicenter of both corporate America and high-end corporate litigation.

The conversation begins with John asking Michael how Delaware managed to stake out a unique position of being the jurisdiction of choice for corporations, which has led to high-end and high-stakes litigation in Delaware courts. Michael notes the answer is two-fold. The first answer is former President Woodrow Wilson. He explains that Delaware largely adopted the same revolutionary law of New Jersey by the then Governor Wilson. The second answer is that Delaware has worked hard since to stay at the forefront by annually updating its laws and court system. They touch on how Nevada is trying to mimic Delaware but, unfortunately, is proving to be unsuccessful so far.

Silpa explains the difference between the two types of courts in Delaware: the Court of Chancery and the Superior Court. Silpa highlights how the former is a court of equity; therefore, it hears matters sounding in equity, whereas the latter is a court of law. Together, John, Michael, and Silpa chew over the role of the Delaware Court of Chancery, analyzing the history of the courts as a foundation for understanding the wider role of the courts.

John asks Silpa what lawyers and litigants should expect when they're litigating cases in Chancery Court, with Silpa noting that all trials are bench trials. She highlights how the Court of Chancery is especially bespoke in that not only is it the case that you're going to have the fact-finder be the judge, but that judge is going to be actively involved in deciding even minor things like motions to compel.

The conversation is then steered towards what a trial is like in the Court of Chancery. In many jurisdictions, the date set for a trial is often moved and shifted, but Silpa notes that this specific court respects set trial dates. In addition, she notes that the Vice Chancellors are proactive during the trial.

Finally, John, Michael & Silpa discuss the importance of certainty and predictability on matters of Delaware corporate law. Michael briefly notes how Delaware handles a significant number of sophisticated corporate transactions in the Court of Chancery. However, he notes that the court has a much broader role as a court of equity. Michael notes that there's a pretty broad set of cases that the court handles with the same attention to detail and focus that it brings to these corporate disputes.

Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi