Law, disrupted

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

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.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music 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 Kelemen

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

John is joined by Philippe Pinsolle, Head of International Arbitration for Continental Europe and partner in Quinn Emanuel’s Geneva office, and Simon Vorburger, partner in Quinn Emanuel’s Zurich office. They discuss the €14 billion international arbitration award, one of the largest arbitration awards ever, that Philippe and Simon obtained for Quinn Emanuel client, Uniper, a German gas supplier, against Gazprom Export, a Russian gas company. The case began in mid-2022 when Gazprom unexpectedly halted gas supplies to Uniper, which severely impacted the German energy market, as Gazprom had been supplying 40% of Germany's gas. Uniper then had to purchase gas at prices as high as ten times the previous price to fulfill its obligations, leading the company to the verge of bankruptcy. Gazprom's justification for stopping the gas was based on force majeure, claiming that unforeseen events, such as the ongoing war in Ukraine and damage to the Nord Stream pipeline, made it impossible for Gazprom to deliver the gas. These justifications lacked credibility because, for among other reasons, some of the claimed force majeure events occurred after Gazprom stopped delivering the gas. Philippe explains that the arbitration process moved quickly with the arbitration beginning in November 2022. The arbitration hearings were held in The Hague, but Gazprom did not participate directly, opting to obtain an anti-arbitration injunction from a Russian court. Despite Gazprom's absence, the team had to rigorously prove up their case, because default judgments are not permitted in international arbitration. This made the Uniper claimant’s burden more challenging in some ways in that without an opponent making specific claims, the Quinn Emanuel team had to convince the arbitrators that there were no plausible defenses to Uniper’s claims, and despite every force majeure event, Gazprom had asserted, it still could have fulfilled the contract at issue. Another key legal challenge was Uniper’s "take-or-pay" contracts, which required Uniper to pay for gas whether it was delivered or not. The team convinced the tribunal to allow Uniper to terminate these contracts. Philippe addresses the challenge of staying focused on the contractual claim at issue despite the broader geopolitical context of the arbitration, including the 2022 European energy crisis and Russia's role in manipulating gas supplies to Europe. The podcast concludes with a discussion about the German government’s bailout of Uniper and that the proceeds of the arbitration will benefit the German state.

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

John Quinn is joined by Alex Spiro, partner in Quinn Emanuel’s New York and Miami offices and one of the best-known trial lawyers in the U.S.  Alex explains that his approach to trial preparation is to immerse himself into the evidence as trial approaches. He reads every relevant document to understand even tangential details, rather than just looking for "hot docs." This deep dive helps him construct a narrative that, if all goes well, leads the jury to a collective “Eureka” moment, where the verdict becomes clear. Alex also explains that he does not rely on mock juries and external validation because his themes must resonate with his own beliefs to be compelling. Instead, he prefers to bounce ideas off colleagues who may suggest course corrections. Alex says that understanding human psychology is crucial because the motivations behind actions often matter more than the actions themselves. The discussion turns to how Alex balances the demands of multiple cases while remaining completely focused on the next upcoming trial. He credits his ability to compartmentalize and work long hours, as well as strong support from trial teams. He also explains to clients from the outset that during their “moment of truth,” he will prioritize their case entirely, but before then, he might be prioritizing the impending trials of other clients. The discussion then turns to criminal justice reform, a subject Alex is passionate about. He describes the criminal justice system as structurally biased, especially against marginalized communities. He identifies the most urgent priorities for reform as bail reform, sentencing disparities, and changing the current system's backward-looking nature, which he believes perpetuates outdated and discriminatory standards. When asked about AI’s role in sentencing, Alex expresses concerns that AI could reinforce existing biases by relying on historical data, potentially leading to harsher outcomes, particularly for first-time offenders. Finally, John and Alex discuss that it has become harder for lawyers to represent controversial clients but emphasize the importance of doing so.

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

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

John is joined by Patrick D. Curran, Partner in Quinn Emanuel’s Boston and New York offices.  They discuss the emerging issues regarding artificial intelligence currently before the courts, legislatures and government regulators and that, while many critical questions are pending before courts and regulators, clear answers are still few and far between.  First, they discuss how despite the billions of dollars being invested in developing large language AI models, patent law often does not protect those investments because patents generally do not cover general ideas, mathematical concepts, or algorithms.  They also discuss the question of whether an AI generated invention may be cited as prior art that would invalidate a human-generated invention.  Patrick then explains that companies are increasingly relying on trade secret protections to safeguard their AI innovations, even though this approach comes with challenges. Patrick further explains that trade secret protection may extend indefinitely, unlike patents which expire after a defined term, but notes the difficulty inherent in detecting when competitors might be using proprietary models, making trade secrets harder to enforce.  They also discuss AI's role in invention, noting that while AI may create invent things, such as new molecules, if there is no human involvement in the process, the discovery cannot be patented.  They then examine the legal challenges regarding the use of copyrighted material in training AI models, including whether using copyrighted material for AI training constitutes fair use, the degree to which companies can limit data scraping through their terms of service, and the role that technical safeguards against scraping might play in future disputes.  They also discuss recent defamation claims based upon AI generated content and the difficulties of proving intent when human input to the content is minimal.  The discussion then turns to recent regulatory developments, including recent legislation in US cities such as cities like New York City and Portland, Oregon, states including Colorado and California and international efforts like the European AI Act and the “Brusselization” of GDPR requirements.  Patrick describes the industry's divided stance on regulation, with some companies calling for stricter oversight while others fearing that regulation will stifle innovation.  Finally, both John and Patrick agree that as courts and regulators tackle these complex issues, the legal landscape surrounding AI will continue to evolve rapidly.

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