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PIT PASS INDY PRESENTED BY PENSKE TRUCK RENTAL – SEASON 5, EPISODE 46 – Road America Preview with Marcus Ericsson, Conor Daly, Will Power, Josef Newgarden, Pato O'Ward, Kyle Kirkwood, Louis Foster, Alexander Rossi, Bryce Aron and Dennis Hauger. June 20, 2025 Show host Bruce Martin has an extensive preview for this weekend's XPEL Grand Prix of Road America on Pit Pass Indy Presented by Penske Truck Rental. Martin has exclusive interviews with Marcu Ericsson of Andretti Global, Conor Daly of Juncos Hollinger Racing, Will Power and Josef Newgarden of Team Penske, Pato O'Ward of Arrow McLaren, Kyle Kirkwood of Andretti Global, Louis Foster of Rahal Letterman Lanigan Racing, Louis Foster of Rahal Letterman Lanigan Racing, Alexander Rossi of ECR and INDY NXT By Firestone drivers Bryce Aron of Chip Ganassi Racing and Dennis Hauger of Andretti Global. On the highways, the raceways and every pit stop in between, Penske Truck Rental keeps you moving forward. Gain ground with Penske! For more INDYCAR coverage, follow Bruce Martin at X, previously known as Twitter, at @BruceMartin_500
John is joined by Spencer Collins, Executive Vice President and Chief Legal Officer of Arm Holdings, the UK-based semiconductor design firm known for powering over 99% of smartphones globally with its energy-efficient CPU designs. They discuss the legal challenges that arise from Arm's unique position in the semiconductor industry. Arm has a unique business model, centered on licensing intellectual property rather than manufacturing processors. This model is evolving as Arm considers moving “up the stack,” potentially entering into processor production to compete more directly in the AI hardware space. Since its $31 billion acquisition by SoftBank in 2016, Arm has seen tremendous growth, culminating in an IPO in 2023 at a $54 billion valuation and its market value nearly doubling since.AI is a major strategic focus for Arm, as its CPUs are increasingly central to AI processing in cloud and edge environments. Arm's high-profile AI projects include Nvidia's Grace Hopper superchip and Microsoft's new AI server chips, both of which rely heavily on Arm CPU cores. Arm is positioned to be a key infrastructure player in AI's future based on its broad customer base, the low power consumption of its semiconductors, and their extensive security features. Nvidia's proposed $40 billion acquisition of ARM collapsed due to regulatory pushback in the U.S., Europe, and China. This led SoftBank to pivot to taking 10% of Arm public. Arm is now aggressively strengthening its intellectual property strategy, expanding patent filings, and upgrading legal operations to better protect its innovations in the AI space.Spencer describes his own career path—from law firm M&A work to a leadership role at SoftBank's Vision Fund, where he worked on deals like the $7.7 billion Uber investment—culminating in his current post. He suggests that general counsel for major tech firms must be intellectually agile, invest in best-in-class advisors, and maintain geopolitical awareness to navigate today's rapidly changing legal and regulatory landscape.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John Quinn is joined by Caleb Harris, Co-Founder and CEO of &AI, a startup focused on using artificial intelligence to transform patent litigation. They discuss how &AI uses AI to accomplish complex patent litigation tasks such as invalidity and infringement analysis, dramatically reducing the time and cost associated with these traditionally labor-intensive efforts. The service features four components: searches for prior art or infringing products, in-depth legal analysis (including creating claim charts), drafting litigation-ready documents like invalidity contentions or IPR petitions, and automating workflows using AI agents that operate independently.Patent litigation is particularly well-suited to AI because so much of the underlying data—such as patent filings, litigation histories, and prosecution records—is publicly available. &AI continuously updates its data sets and can provide summaries, detailed claim charts, and customized drafts in as little as 10 minutes. Unlike generative AI tools, &AI minimizes hallucinations by relying heavily on document retrieval rather than generation, and by providing verified citations in its output.The platform can also help streamline early-stage litigation decisions, such as assessing the strength of a patent portfolio or evaluating potential infringement claims in the marketplace. It also helps defense teams efficiently assess and respond to weak claims, including those from patent trolls, by producing tailored response letters and evidence.&AI uses AI agents—AI that develops multi-step plans to accomplish tasks and automatically adjusts those plans based on how the work is progressing. This allows the user to focus on the end product they want rather than the steps needed to get there. AI agents will enable faster, more scalable, and more economically viable litigation, especially patent litigation. This may lead to a boon for litigators as more lawsuits are filed and resolved quickly. Although human performance will remain crucial in areas like persuading a jury or a judge, law firms may gain a competitive edge by pairing their expertise with firm-specific AI tools trained on the firm's proprietary data and preferred styles.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John is joined by Maaren A. Shah and Luke Nikas, both partners in Quinn Emanuel's New York office. Maaren and Luke have the top art disputes practice in the world. They discuss Maaren and Luke's recent victory in the multi-front litigation concerning the legacy of American pop artist Robert Indiana, best known for his iconic LOVE sculpture. The case began when Indiana's longtime advisor, who held exclusive rights to fabricate Indiana's works, discovered that Michael McKenzie was creating and selling unauthorized artworks. This led to a copyright and trademark infringement lawsuit.At the time, Indiana was elderly, isolated on an island off the coast of Maine, and physically deteriorating. Indiana's situation was worsened by a coordinated effort by several individuals to cut him off from his longtime supporters and assume control over his name, artwork, and brand. The day after the initial lawsuit was filed, Indiana passed away, causing further complications. His estate sought to terminate contracts with the advisor and seize control of its intellectual property rights and valuable inventory of Robert Indiana artworks. The legal fight quickly expanded into multiple jurisdictions with overlapping lawsuits involving McKenzie, the advisor, the estate, and the sole beneficiary of the estate, a charitable foundation called the Star of Hope. Maaren and Luke formed an alliance with the Star of Hope and the Maine Attorney General's office, which regulated the foundation. They secured an agreement with the foundation ensuring the advisor would retain its rights, inventory, and business role regardless of the outcome of the litigation with the estate, rendering that litigation moot. The Estate quickly buckled and ended its pursuit of the advisor.With the advisor's rights and assets secured, the team turned back to McKenzie, who had previously misrepresented the number of Indiana works in his possession. After the team uncovered numerous hidden artworks and secured devastating testimony from McKenzie's former associate, among others, the court imposed terminating sanctions, including dismissing McKenzie's claims and awarding the advisor its attorney's fees. The victory ultimately protects Indiana's legacy and ensures stability in the market for his art.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John is joined by Samuel L. Bray, the John N. Matthews Professor of Law at Notre Dame Law School. They discuss the increasing—and controversial— use of universal (often called “nationwide”) injunctions. Universal injunctions are court orders that block government policies not just for the parties to a case, but for everyone, including nonparties to the litigation. The term “nationwide injunctions” suggests that the controversy over them stems from the geographic scope of the injunctions. However, federal district courts have long issued nationwide and international injunctions in many fields, including patent enforcement. The issue raised by universal injunctions is that they regulate the government's behavior toward non-parties.Universal injunctions have proliferated in the past ten years, with nearly every major presidential initiative—regardless of administration—being halted by a single district court judge somewhere in the country. Historically, such sweeping injunctions were virtually nonexistent until the 1960s. Injunctions would apply only to the parties in a case, allowing the legal issues to percolate through multiple appellate courts before potentially reaching the Supreme Court for definitive resolution.Proponents argue that universal injunctions ensure equality and efficiency by preventing unconstitutional policies from being applied to anyone, not just the plaintiffs in the case at hand. Critics argue universal injunctions undermine democratic governance, short-circuit legal development, and encourage forum shopping and rushed decision-making. These injunctions may also produce class action outcomes without meeting the legal requirements for a class.The Supreme Court is now poised to address the issues posed by universal injunctions, in a case involving birthright citizenship. Professor Bray believes the Court will limit universal injunctions using the equitable tradition codified in the Judiciary Act, which did not historically allow such remedies. He expects the Court to reaffirm that injunctions should provide relief only to the parties in the case unless a class is certified.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
Brent and Annie interviewed INDYCAR driver Alexander Rossi to discuss the 109th running of THE Indianapolis 500.
John is joined by Jesse Bernstein, Partner in Quinn Emanuel's New York Office and Co-Chair of the Securities Litigation Practice. Jesse explains that the term “securities” applies not only to stocks and bonds, but arguably to any situation where a group of investors place their resources into a common entity where they expect to make profits from the efforts of others. He describes the sources of securities law, including state blue sky laws, the Securities Act of 1933 (which focuses on initial issuances), the Securities Exchange Act of 1934 (which focuses on intentional misrepresentations in securities transactions and the Private Securities Litigation Reform Act of 1995 (which sought to curb perceived abuses in securities litigation by raising the pleading standards required to establish scienter and creating a safe harbor for forward looking statements). They discuss the Supreme Court's recent ruling in Moab Partners v. Macquarie Infrastructure that pure omissions of material fact are not actionable under Rule 10(b)(5) because the rule only covers affirmative misstatements. Jesse then explains how a Quinn Emanuel team obtained a jury verdict last year in Elon Musk's favor in a rare securities class action trial on a $12 billion claim based on Mr. Musk's tweet about taking Tesla private. He describes the arguments made concerning materiality and loss causation that ultimately led to the victory. Finally, they discuss upcoming issues in securities law including how the Macquarie decision will impact cases. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
00:00 – 25:06 – JMV begins the show by reflecting on the passing of Colts owner Jim Irsay. Rick Venturi, the former Colts coach and current Colts Radio analyst, joins the show, and he and JMV look back on Irsay’s life, and the impact he had on the Colts, and the city of Indianapolis. 25:07 – 40:03 – Brent Holverson and JMV discuss the Pacers insane Game 1 win over the New York Knicks in the Eastern Conference Finals! 40:04 – 43:02 – JMV wraps up the 1st hour! 43:03 – 1:07:43 – Tony from Dawson’s on Main in Speedway joins the show, and he and JMV discuss the Pacers, the Indy 500 and more! 1:07:44 – 1:23:31 – Dustin Dopirak from the IndyStar joins the show! Dustin and JMV discuss the Pacers crazy win over the Knicks in Game 1 of the Eastern Conference Finals, the great coaching job by Rick Carlisle down the stretch, the play of Tyrese Haliburton and more! 1:23:32 – 1:26:37 - JMV wraps up the 2nd hour of the show! 1:26:37 – 1:50:01 – Mike Wells from ESPN Radio stops by Dawson’s and reflects on the passing of Jim Irsay. Mike Chappell from FOX59 and CBS4 joins to talk about his long relationship with Irsay, and the impact Irsay had on the city of Indianapolis and the Colts organization. They look ahead to the future of the organization, as Irsay’s daughters look to assume control. 1:50:02 –- 2:06:59 - Alexander Rossi from Ed Carpenter Racing joins the show ahead of The 109th Running of the Indianapolis 500! 2:07:00 – 2:10:14 – JMV wraps up another edition of the show! Support the show: https://1075thefan.com/the-ride-with-jmv/See omnystudio.com/listener for privacy information.
00:00 - 17:14 - Rick Venturi, the former Colts coach and current Colts Radio analyst, joins the show, and he and JMV look back on Irsay’s life, and the impact he had on the Colts, and the city of Indianapolis. 17:15 - 29:44 - Dustin Dopirak from the IndyStar joins the show! Dustin and JMV discuss the Pacers crazy win over the Knicks in Game 1 of the Eastern Conference Finals, the great coaching job by Rick Carlisle down the stretch, the play of Tyrese Haliburton and more! 29:45 - 46:49 - Mike Chappell from FOX59 and CBS4 joins to talk about his long relationship with Irsay, and the impact Irsay had on the city of Indianapolis and the Colts organization. They look ahead to the future of the organization, as Irsay’s daughters look to assume control. 46:50 - 54:29 - Alexander Rossi from Ed Carpenter Racing joins the show ahead of The 109th Running of the Indianapolis 500!Support the show: https://1075thefan.com/the-ride-with-jmv/See omnystudio.com/listener for privacy information.
Today’s Best of Features: (00:00-22:06) – IndyCar Radio Network driver analyst Davey Hamilton joins Jake Query to discuss a variety of topics with him serving as Jack Harvey’s strategist for the race this weekend. Their conversation starts with Davey commenting on the Team Penske situation, explains the impact that the hybrid is having on the racing right now, explains how the downforce is different between the front of the field to the back, and admits that he’s not sure if this weekend’s race is a typical five stop race. (22:06-32:25) – ECR driver Alexander Rossi joins Query & Company and provides clarity on how knowledgeable drivers are with what changes are being made to their car if they aren’t around it. He shares at what point in the race that drivers start actually racing and how he is feeling starting twelfth in Sunday’s race.Support the show: https://1075thefan.com/query-and-company/See omnystudio.com/listener for privacy information.
(00:00-25:26) – Query & Company opens on a Hump Day Wednesday with Jake Query and producer Eddie Garrison by discussing the latest news in IndyCar with Roger Penske letting go three key figures from Team Penske an hour before the show. Jake provides his opinion on the decision by Roger Penske and tries to explain the magnitude of the situation by putting it in NFL terms. (25:26-33:13) – Jake and Eddie shift the conversation to game one tonight between the Indiana Pacers and New York Knicks. Jake states that the Pacers need to have six players in motion, with one of the players not even playing for Indiana. (33:13-43:33) – The first hour of the show concludes with Jake and Eddie giving away more numbers for the Indy 500 numbers game! (43:33-1:10:50) – As Jake and Eddie await a call from Alexander Rossi, they recap last night’s loss for the Indiana Fever against the Atlanta Dream. They also discuss some of the most hated Knicks players by Pacers fans and the most hated Pacers players by Knicks fans. Eddie asks people to hit him up on race day to stop by their setup. (1:10:50-1:20:20) – Jake rehashes some of his thoughts on the decision made by Roger Penske earlier today to let go three employees that have been around for a long time after the attenuator fiasco over the weekend. (1:20:20-1:27:11) – The second hour of the show concludes with Jake and Eddie giving away more numbers for the Indy 500 numbers game! (1:27:11-1:49:36) – IndyCar Radio Network driver analyst Davey Hamilton joins Jake Query to discuss a variety of topics with him serving as Jack Harvey’s strategist for the race this weekend. Their conversation starts with Davey commenting on the Team Penske situation, explains the impact that the hybrid is having on the racing right now, explains how the downforce is different between the front of the field to the back, admits that he’s not sure if this weekend’s race is a typical five stop race, and points out some drivers that have really good cars. (1:49:36-2:00:11) – ECR driver Alexander Rossi joins Query & Company and provides clarity on how knowledgeable drivers are with what changes are being made to their car if they aren’t around it. He shares at what point in the race that drivers start actually racing and how he is feeling starting twelfth in Sunday’s race. (2:00:11-2:08:54) – Today’s show closes out with Jake sharing some final thoughts on game one of the Eastern Conference Finals tonight for the Indiana Pacers against the New York Knicks.Support the show: https://1075thefan.com/query-and-company/See omnystudio.com/listener for privacy information.
Today’s Best of Features: (00:00-13:38) – Team Penske driver Scott McLaughlin joins Greg Rakestraw to start the second hour of the show to reveal what he’s doing on the first day not in a racecar, takes us through the Sunday morning practice accident, states that Scott Dixon’s Indy 500 win in 2008 is what made his dream as a kid from New Zealand winning the race a true reality, shares what his race day experience was like in 2016 when he attended as a fan, and previews Pacers vs Knicks. (13:38-23:08) – Fellow Team Penske driver, Will Power, also joins Rake in the segment to discuss how much he can lean on his experience from starting from the back of the field to try and work his way forward on Sunday, states that there isn’t much of a difference from the car last year to this year with the hybrid, and shares the best part about coming back to IMS every year. (23:08-41:26) – Scott Agness from Fieldhouse Files joins Greg Rakestraw on Query & Company to preview game one between the Indiana Pacers and New York Knicks, ranks the rivalry between the two franchises with all-time rivalries in the NBA, and acknowledges that both teams are vastly different compared to last season. Also, Scott comments on the first win of the season for the Indiana Fever, evaluates where the Fever should rank among the WNBA teams, and elaborates on how the Caitlin Clark interest is not slowing down in year two. (41:26-50:29) – ECR owner and driver, Ed Carpenter, joining the show to elaborate on how mentally refreshing it is being out of the car today, hates that the Team Penske story is taking away from all the positive things that have happened this month, takes us behind the scenes on filming a commercial for Java House, touches on the addition of Alexander Rossi to the team in the offseason, and reacts to Rake brining up that only seven people will have participated in more Indy 500’s than him. Support the show: https://1075thefan.com/query-and-company/See omnystudio.com/listener for privacy information.
(00:00-24:28) – Query & Company opens on a Tuesday with Greg Rakestraw filling in for Jake Query so he can host the Fastest Rookie Luncheon. Rake opens the show by previewing all the various guests that will be on the show today and recapping the history of Pacers vs Knicks in the playoffs. (24:28-34:47) – Greg Rakestraw shifts his focus from the Eastern Conference Finals to the Western Conference Finals. He examines the playoff history for the Oklahoma City Thunder and Minnesota Timberwolves in their franchise history. He ties it all to the fact that this is one of the best opportunities the Pacers have had at winning a Larry O’Brien Trophy. (34:47-42:24) – The first hour of today’s show concludes with Greg Rakestraw taking calls from Pacers fans a day ahead of the first game between the Pacers and Knicks in the Eastern Conference Finals. (42:24-1:07:56) – Team Penske driver Scott McLaughlin joins Greg Rakestraw to start the second hour of the show to reveal what he’s doing on the first day not in a racecar, takes us through the Sunday morning practice accident, states that Scott Dixon’s Indy 500 win in 2008 is what made his dream as a kid from New Zealand winning the race a true reality, shares what his race day experience was like in 2016 when he attended as a fan, and previews Pacers vs Knicks. Fellow Team Penske driver, Will Power, also joins Rake in the segment to discuss how much he can lean on his experience from starting from the back of the field to try and work his way forward on Sunday, states that there isn’t much of a difference from the car last year to this year with the hybrid, and shares the best part about coming back to IMS every year. (1:07:56-1:19:07) – At the end of the first hour of the show, Greg was asked by caller Greg about Roger Penske owning too much within the NTT IndyCar Series. Rake provides his opinion on the situation, but admits there are a lot of things that Penske has done since taking over. (1:19:07-1:25:25) – The second hour of the show concludes with Rake playing what Graham Rahal told Hammer & Nigel last night during their Tails Of The Track event about the Team Penske situation and whether Josef Newgarden was aware of the illegal attenuator. (1:25:25-1:49:25) – Scott Agness from Fieldhouse Files joins Greg Rakestraw on Query & Company to preview game one between the Indiana Pacers and New York Knicks, ranks the rivalry between the two franchises with all-time rivalries in the NBA, and acknowledges that both teams are vastly different compared to last season. Also, Scott comments on the first win of the season for the Indiana Fever, evaluates where the Fever should rank among the WNBA teams, and elaborates on how the Caitlin Clark interest is not slowing down in year two. (1:49:25-1:58:41) – ESPN.com’s Stephen Holder makes an appearance on the program with Jake Query to discuss the news that Matt Goncalves will be moving to right guard to start the season, highlights some things that he has seen/heard regarding the quarterback competition, and evaluates if there are any potential moves left for the Colts to make before training camp. (1:58:41-2:07:55) – Today’s show closes out with ECR owner and driver, Ed Carpenter, joining the show to elaborate on how mentally refreshing it is being out of the car today, hates that the Team Penske story is taking away from all the positive things that have happened this month, takes us behind the scenes on filming a commercial for Java House, touches on the addition of Alexander Rossi to the team in the offseason, and reacts to Rake brining up that only seven people will have participated in more Indy 500’s than him. Support the show: https://1075thefan.com/query-and-company/See omnystudio.com/listener for privacy information.
His name is synonymous with sports in the 70's. You didn't have to follow racing to know who AJ Foyt was. He's a part of Americana and in 1975 he was looking to win his 4th Indy 500. A week earlier, he was on the cover of Sports Illustrated after winning the pole position in true Foyt fashion. His first lap in qualifying was a blistering 195.313 mph and his 4-lap average of 193.975 secured the pole position in Indianapolis. But rain and Bobby Unser had other plans… a downpour ended the race after just 174 of the 200 laps, and Unser was awarded the victory with 1974 champion Johnny Rutherford finishing 2nd and AJ a disappointing 3rd… taking it all in was a kid who grew up just north of the famous racetrack and attended his first race at the age of 6 in 1966… Scott Gauger hasn't missed an Indy 500 since, including the '75 race that saw Mother Nature end the race before it could properly come to it's scheduled conclusion. Gauger grew up around racing and started working at Indianapolis Motor Speedway when he was just 13. 5 years later in 1978, he took his first official position with an IndyCar team, and almost 50 years later, he's still a part of the Old Brickyard, working on two winning Indy 500 teams… 2016 He worked for the Andretti-Herta Autosport team that won the checkered flag for the 100th running of the Indy 500 with Alexander Rossi behind the wheel… and a year later, he was with Andretti Autosport when Takuma Sato was the first to cross the finish line. And while Gauger works officially for separate IndyCar teams, his unofficial position is Ambassador of the Indy 500. He gives tours, gets tickets for kids, and promotes the race 24/7, 365 days a year. On the Past Our Prime podcast, Gauger tells us about how he grew up near 3-time Indy 500 winner Louis Meyer, who is widely known for starting the annual tradition of drinking mile after winning at Indy… Gauger talks about the greats and says AJ Foyt is the best racer of all-time, and the first person he ever saw hav a personalized license plate… He tells us about drinking the milk after winning in '16 and again in '17 and he tells us which famous actor was the best racer of the bunch… if you know racing, it won't be a surprise. And Gauger tells us why the racers of today aren't as well-known as the ones we grew up watching 50 years ago. The Indy 500. It's as American as it gets… and so is Scott Gauger, Mr. Indy 500 on the Past Our Prime podcast. Give us a review and a download if you would and share it with your friends. Learn more about your ad choices. Visit megaphone.fm/adchoices
John Quinn is joined by Michael Barlow, Managing Partner and Founding Member of Quinn Emanuel's Wilmington, Delaware office. They discuss the evolving state of Delaware corporate law and the legislative response to growing dissatisfaction among corporations over the recent legal treatment of conflicted transactions. Traditionally, Delaware law has deferred in general to corporate decision-making under the business judgment rule, but rigorously reviewed transactions involving conflicts of interest—particularly those involving controlling shareholders—under an “entire fairness review.” Entire fairness reviews are fact-intensive and include scrutinizing both the process and terms of the transaction, making early dismissal of claims rare. In response, Delaware courts developed a safe harbor called the “MFW” framework. The “MFW” framework involved approval by a special committee of disinterested directors and the minority shareholders. Still, even under the MFW framework, motions to dismiss were granted in fewer than 40% of cases, leading to frustration among deal planners.Despite these odds, a Quinn Emanuel team led by Michael recently won a rare complete dismissal of an entire fairness case on behalf of Fidelity National Financial, Inc. In that case, the court ruled that there were no alleged facts that could support the conclusion that the preferred stock transaction at issue was unfair. Frustration among corporate deal planners with what was perceived as activist judicial decisions creating uncertainty (e.g., as to what was a “controlling stockholder,” among other things) has recently led to Tesla, Dropbox and other corporations to express their intent to leave Delaware as their state of incorporation. “DExit,” is the term coined to describe this trend. To address these concerns, Delaware enacted Senate Bill 21, a bipartisan effort to clarify and narrow the standards for conflicted transactions. The legislation provides clearer definitions of controlling stockholders and establishes safe harbors for dismissing cases early if certain procedural protections are followed. It also reforms the state's books-and-records statute (Section 220) by limiting the scope of pre-suit corporate document demands. The next few years will test how effectively the new legislation meets the corporate world's demand for greater legal certainty. Finally, Michael believes that Delaware will continue to lead the nation in corporate law due to its unparalleled legal infrastructure and judicial expertise. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John is joined by Christopher Padilla, Senior Advisor at the Brunswick Group and former Under Secretary of Commerce for International Trade. They discuss the recent lawsuits challenging President Trump's sweeping use of tariffs under the International Emergency Economic Powers Act (IEEPA). The IEEPA is a 1977 statute traditionally used to freeze assets or impose sanctions in wartime or against adversaries. Until now, IEEPA has never been used to impose tariffs, and does not mention the word "tariff." Multiple lawsuits challenging the tariffs have been filed in various courts, including several U.S. district courts and the Court of International Trade (CIT). The CIT, a court traditionally deferential to presidential authority over trade, is moving faster than other courts. It has already denied one preliminary injunction and scheduled initial arguments concerning standing and jurisdiction. The administration has moved to consolidate the challenges filed in district courts with those in the CIT. Plaintiffs range from state governments and Native American tribes to small businesses. The cases largely challenge the President's authority to issue the tariffs on four main grounds: (1) the IEEPA does not authorize tariffs; (2) the President must have clear congressional authorization to increase the tariffs under the Supreme Court's “major questions” doctrine; (3) the tariffs violate the constitutional separation of powers and nondelegation doctrine; and (4) the declared "emergencies" used to justify the tariffs—such as immigration or the trade deficit—are not genuine emergencies under the IEEPA. Even if the plaintiffs in these cases prevail, the administration could still reimpose tariffs under other delegated statutory authorities, although proceeding under those authorities will involve several procedural hurdles. Ultimately, Christopher believes that real change would require congressional action, which is unlikely in the short term, and that any rollback of tariffs may depend more on economic developments such as recession, stagflation or a collapse of the bond market than on court rulings.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
Tonight, on Trackside with Curt Cavin and Kevin Lee, they recap the Children’s of Alabama Indy Grand Prix from the Barber Motorsports Park, with Alex Palou being untouchable and defeating Christian Lundgaard by 16 seconds. They also talk about why there hasn’t been any cautions since St. Petersburg. Later, they talk about how good of a weekend Rinus VeeKay had with Dale Coyne Racing. In the second half of the show, they look at how dominant Dennis Hauger, aka the Norwegian Nightmare, has been in the Indy NXT as a rookie, and if he is turning heads in the IndyCar paddock. They also look at how the races went for Pato O’Ward, Colton Herta, Alexander Rossi, Nolan Siegel, and Josef Newgarden. They later talk about the newest tire rules for this weekend’s Sonsio Grand Prix at Indianapolis. Then to wrap up another addition of the show, Kevin answers fan questions on X, such as comparing Alex Palou’s start to the 2025 season to Simon Pagenaud’s 2016 season. See omnystudio.com/listener for privacy information.
John is joined by Christopher Kercher, partner in Quinn Emanuel's New York office, and Jeffrey Chivers, co-founder of litigation AI company Syllo AI. They discuss the transformative role artificial intelligence played in a recent Quinn Emanuel trial victory in Delaware Chancery Court. The case involved Desktop Metal's attempt to force Nano Dimension to complete a $183 million merger, where Nano tried to stall the deal by slow-walking regulatory approvals by the Committee on Foreign Investment in the United States until the drop-dead date for the transaction had passed. Quinn Emanuel was hired to represent Desktop Metal only six weeks before trial, requiring an accelerated approach to discovery and case preparation. The team used Syllo AI, a litigation focused product that allowed them to review and organize massive volumes of documents through natural language prompts, create timelines, tag relevant material, and identify patterns much faster than traditional methods. The Syllo platform also integrates multiple AI models that cross-check each other's outputs while following built-in mental models of legal reasoning. During the trial, Syllo customized its tools to provide rapid privilege log and document production deficiency analysis, helping to identify gaps in the opposing side's discovery. The team also worked with Claude, a large language model developed by Anthropic to test ideas, explore potential legal theories, and brainstorm approaches to witness examinations. Syllo and Claude helped attorneys identify relevant evidence for use in expedited post-trial briefs and suggested potential lines of questioning for depositions. Attorneys directed all AI usage, with Claude serving as a cognitive tool that amplified the legal team's capabilities while the attorneys maintained full responsibility for all work product. AI did not displace anyone on the trial team. Instead, it complemented the attorneys' expertise, enhancing their ability to deliver strategic insights and respond effectively to case developments. It may soon become malpractice not to use AI in trial preparation.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
PIT PASS INDY PRESENTED BY PENSKE TRUCK RENTAL – SEASON 5, EPISODE 31 – More from Indy 500 Open Testing with 100th Indianapolis 500 winner Alexander Rossi, Christian Lundgaard, Graham Rahal and Santino Ferrucci April 29, 2025 Show host Bruce Martin was at the Indianapolis Motor Speedway for the two-day Indy 500 Open Test at on Wednesday April 23 and Thursday April 24 and recaps the major storylines on Pit Pass Indy Presented by Penske Truck Rental. Martin has exclusive interviews with the winner of the 100th Indianapolis 500, Alexander Rossi, Christian Lundgaard of Arrow McLaren, Graham Rahal of Rahal Letterman Lanigan Racing, Rinus VeeKay of ECR and Santino Ferrucci of AJ Foyt Racing from the Indianapolis Motor Speedway. On the highways, the raceways and every pit stop in between, Penske Truck Rental keeps you moving forward. Gain ground with Penske! For more INDYCAR coverage, follow Bruce Martin at X, previously known as Twitter, at @BruceMartin_500 As the “Month of May” begins, we will have a bonus episode of Pit Pass Indy Presented by Penske Truck Rental with more from the Indy 500 Open Test later this week.
John is joined by Michael Gottlieb, partner in the Washington D.C. office of Wilkie Farr & Gallagher, and Nicholas Reddick, partner in the San Francisco office of Wilkie Farr & Gallagher. They discuss the landmark $1.1 billion judgment Michael and Nicholas obtained against the Islamic Republic of Iran, on behalf of U.S. service members and civilians harmed by Iran-backed terrorist groups and the legal framework for suing state sponsors of terrorism and private organizations that support them. Claims against sovereign states are based upon the Foreign Sovereign Immunities Act (FSIA). FSIA claims require plaintiffs to prove that the foreign sovereign materially supported acts of terrorism, often through militia groups operating in conflict zones. The process is complex and time-consuming. Although Iran never appears to defend these cases, plaintiffs must still prove liability and damages with admissible evidence, often obtained through Freedom of Information Act requests, military reports, and expert testimony. Because such judgments are rarely enforceable against Iran's frozen or inaccessible assets, successful plaintiffs must seek compensation through the U.S. Victims of State Sponsored Terrorism Fund, which draws from congressional appropriations and settlements from unrelated sanctions violations. Payments from the fund are made annually and prorated based on judgment size, but disbursements have been inconsistent. Recent developments, including circuit court rulings and a pending Supreme Court case, may reshape key legal standards for FSIA claims, such as the requirement of an actual death for certain terrorism-related claims. Several new legislative efforts seek to expand the cases that may be brought under the FSIA and increase the funds allocated for compensating victims. Claims against private entities such as banks, contractors or companies that evaded sanctions rely upon the Anti-Terrorism Act (ATA). Many such cases are currently being litigated. ATA claims require proof of the defendant's material support and knowledge of terrorist outcomes. The defendants in ATA cases are likely to appear to defend against the claims, but only after the plaintiffs navigate complex issues of jurisdiction and service of process.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
Day 1 of testing for the Indy 500 has concluded, hear from Alexander Rossi, Alex Palou and Kyle Larson.
John is joined by Courtney Bowman, the Global Director of Privacy and Civil Liberties at Palantir, one of the foremost companies in the world specializing in software platforms for big data analytics. They discuss the emerging trends in AI regulation. Courtney explains the AI Act recently passed by the EU Parliament, including the four levels of risk it assesses for different AI systems and the different regulatory obligations imposed on each risk level, how the Act treats general purpose AI systems and how the final Act evolved in response to lobbying by emerging European companies in the AI space. They discuss whether the EU AI Act will become the global standard international companies default to because the European market is too large to abandon. Courtney also explains recent federal regulatory developments in the U.S. including the framework for AI put out by the National Institute of Science and Technology, the AI Bill of Rights announced by the White House which calls for voluntary compliance to certain principles by industry and the Executive Order on Safe, Secure and Trustworthy Development and Use of Artificial Intelligence which requires each department of the federal government to develop its own plan for the use and deployment of AI. They also discuss the wide range of state level AI legislative initiatives and the leading role California has played in this process. Finally, they discuss the upcoming issues legislatures will need to address including translating principles like accountability, fairness and transparency into concrete best practices, instituting testing, evaluation and validation methodologies to ensure that AI systems are doing what they're supposed to do in a reliable and trustworthy way, and addressing concerns around maintaining AI systems over time as the data used by the system continuously evolves over time until it no longer accurately represents the world that it was originally designed to represent.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John is joined by Ben Lee, Chief Legal Officer of Reddit. They discuss Ben's extensive career as a senior in-house lawyer in several of the most successful tech companies in the world. After earning degrees in physics and economics, Ben worked at IBM's research lab, where he was intrigued by the way lawyers grappled with the impacts of technology on society. Ben then went to law school and began his career as a litigator at a New York law firm but left to work at the Legal Aid Society. Financial realities eventually led him back to private practice and then to a career in-house. At AT&T and NEC, Ben worked closely with pioneering computer scientists and handled complex IP matters involving emerging technologies like machine learning and AI. When he moved to Google, Ben advised on major projects like Chrome, Android, and Google Cloud at very early stages when their success was far from assured. Ben later joined Twitter during its early, fast-paced growth phase, managing litigation, IP, employment, and regulatory issues. He led Twitter's lawsuit against the U.S. government over transparency for national security requests. Later, at Airbnb, Ben tackled challenging regulatory landscapes worldwide, and at Plaid, he advocated for consumers' rights to financial data. At Reddit, Ben now oversees all legal functions for a vast online platform with over 100,000 user-created and moderated communities. Section 230 of the Communications Decency Act is vital to Reddit's success. It provides that online users and platforms are generally not liable for content created by others. Section 230 protects Reddit's content moderation decisions, the decisions of its volunteer community moderators and its individual users. Finally, Ben advises young in-house lawyers to remember that their job is not to just point out all potential legal risks in a project, but to help their teams manage those risks so they can build great products and move companies forward.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John is joined by Susheel Kirpalani, partner in Quinn Emanuel's New York office and founder and Chairperson of the firm's Bankruptcy and Restructuring Group. They discuss restructuring litigation, including fraudulent transfer litigation and valuation disputes, and how it differs from commercial litigation. They also discuss the importance of building alliances with other stakeholders in the company, how much the practice is based on relationships and trust, and the opportunities that exist to design creative securities that allow a company to survive but also allow its creditors substantial recoveries. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John Quinn is joined by Jack Neumark, Managing Partner and Co-Head of Specialty Finance of Fortress Investment Group and founder of its Legal Assets Group. They discuss the emergence of legal assets as a distinct investment class. Fortress is a leading player in litigation finance with over $6.5 billion deployed in legal assets and a current portfolio of approximately $3 billion. While most litigation funders typically invest in individual cases, Fortress invests in diversified portfolios of litigation claims and contingent fee receivables. Fortress underwrites and finances these portfolios the same way it does other specialty finance products. To underwrite a portfolio, Fortress has lawyers examine the cases in the portfolio to determine how strong and likely to settle they are. They consider factors including the defendants and how creditworthy they are, the damage theories asserted, how far the case has progressed, what motion practice has revealed, and whether related criminal charges have been filed. They also consider the law firms involved, the judge, and the venue. Fortress also conducts quantitative analyses of the historical results of similar cases based on publicly available data and proprietary data it has accumulated in the 15 years it has invested in legal assets. Legal asset portfolios are attractive to many investors because the results of lawsuits are less subject to the performance of the economy in general than many other classes of assets. Also, because the market for legal assets is still developing, sophisticated investors can often obtain better returns than in more mature markets. Jack believes that as the industry matures, especially with potential regulatory changes around law firm ownership, litigation finance will become more mainstream and integrated into broader investment strategies.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
Tonight, on a live in-studio edition of Trackside with Kevin Lee and Curt Cavin as they start by recapping The Thermal Club weekend where Alex Palou passed Pato O’Ward in the final 10 laps to go back-to-back to start the 2025 season. They also talk about how the rest of season could play out for Palou Later in the first hour of the show, Kevin and Curt talk about the upcoming rookie testing at the Nashville Superspeedway and a road course test at the Indianapolis Motor Speedway. Kevin and Curt later answer fan questions on X, starting with TV ratings as Thermal Club didn’t do well as NASCAR and F1 did, along with the NCAA Tournament in full swing. To wrap up wrap up the first hour of the show, Kevin and Curt talk about the future of The Thermal Club. To start the second hour of the show, Kevin and Curt talk more about who else stood out from the Thermal Club weekend such as Andretti Global, Meyer Shank Racing, and Alexander Rossi. They also talk about the tripped circuit breaker that caused the blackout from the Thermal Club. Later in the second hour of the program, they are joined by Greg and Wade Knapp. As Wade prepares for college, Kevin gives him advice on the media industry and IndyCar. Wade also asks how Pato O’Ward’s weekend from Thermal Club is an outlier for the rest of his season and why Alex Palou’s name hasn’t been tossed around the Cadillac F1 seat conversation. Then to wrap up another addition of the show, Kevin and Curt answer more fan questions on X. See omnystudio.com/listener for privacy information.
John is joined by Christian Athanasoulas, KPMG's Global Head of International Tax and M&A Tax and U.S. Tax Practice Leader – Services. They discuss the groundbreaking shift in the U.S. legal industry arising from Arizona's decision to allow non-lawyers to have ownership interests in law firms. This move aligns the U.S. with countries like the U.K. and Australia, where non-lawyers have been permitted to own law firms for years. KPMG has successfully operated legal practices in over 80 countries, but U.S. regulations previously prevented it from offering legal services alongside its consulting, tax, and advisory work. Arizona's new rules allow KPMG to offer the non-legal services it typically offers clients together with related legal services performed by the new law firm. Previously, KPMG's clients would have to retain law firms with no formal ties to KPMG for those services. Christian led the effort to establish KPMG Law US, a wholly owned Arizona law firm under the KPMG umbrella. KPMG Law US is an independent LLC with Arizona-licensed lawyers and a compliance officer to ensure adherence to legal ethics rules. Although owned by KPMG, the law firm maintains autonomy. It can assist clients with legal matters such as contract integration and regulatory compliance. KPMG Law US leverages its parent company's technological advancements, including AI-driven contract analysis and process automation, to improve efficiency in the provision of legal services. The new law firm will not engage in litigation. For matters outside of Arizona, it will co-counsel with lawyers admitted in the appropriate jurisdiction. While Arizona is currently the only state permitting non-lawyer ownership of law firms, other states are exploring the possibility of passing similar laws. The creation of KPMG Law US could signal broader changes in the legal profession, potentially reshaping traditional law firm structures.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John is joined by John Nadolenco, Managing Partner of Mayer Brown's Los Angeles office and Kelly Kramer, partner in Mayer Brown's Washington, D.C. office. They discuss how John and Kelly won an eleven-year legal battle over the Bahia Emerald, the largest emerald in history. The 789-pound gemstone was illegally mined in Bahia, Brazil and smuggled into the U.S. The emerald first entered the U.S. in San Jose, California where the importers falsely declared it to be a piece of concrete with no value. It later surfaced in New Orleans during Hurricane Katrina, was transported several more times, and was eventually seized in Las Vegas by the Los Angeles County Sheriff's Department in 2014 when one party seeking to claim the emerald reported it stolen. This led to an action in Los Angeles Superior Court to determine the rightful owner. When news accounts of the action reached Brazil, the government contacted John and Kelly to intervene. They worked with the U.S. Department of Justice (DOJ) which filed a federal case in the District of Columbia invoking a little-known provision from the Patriot Act, which allowed the emerald to be frozen pending forfeiture. Meanwhile, Brazilian courts convicted those who illegally mined and exported the gemstone and, after years of appeals, issued a final forfeiture order. The DOJ then moved to enforce the Brazilian ruling, ultimately securing the emerald. The emerald is now set to be repatriated and displayed in a museum in Rio de Janeiro, bringing an end to one of the most extraordinary asset recovery cases in modern history.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
PIT PASS INDY PRESENTED BY PENSKE TRUCK RENTAL – SEASON 5, EPISODE 18 – Even More from the Firestone Grand Prix of St. Petersburg with Marcus Ericsson, Colton Herta, Rinus VeeKay and Alexander Rossi March 11, 2025 Show host Bruce Martin helps IndyCar kick off the 2025 season on Pit Pass Indy presented by Penske Truck Rental from St. Petersburg, Florida. This edition of Pit Pass Indy is jam-packed with interviews from the stars of IndyCar including Andretti Global's Marcus Ericsson and Colton Herta. Also, Martin has interviews with Dale Coyne Racing's newest driver, Rinus VeeKay, and the man who replaced him at ECR, Alexander Rossi. On the highways, the raceways and every pit stop in between, Penske Truck Rental keeps you moving forward. Gain ground with Penske! And be sure to look for another “Bonus Edition” of Pit Pass Indy Presented by Penske Truck Rental later this week. For more INDYCAR coverage, follow Bruce Martin at X, previously known as Twitter, at @BruceMartin_500
John is joined by Shawn Fagan, the Chief Legal Officer of Citadel LLC, and a key legal figure at Citadel Securities. Citadel is the most profitable hedge fund globally while Citadel Securities is a leading market maker, processing nearly one-third of U.S. equities and options trades. They discuss Shawn's insights into the unique legal challenges of these rapidly growing organizations. Shawn has essentially four clients: Citadel, Citadel Securities, founder Ken Griffin, and Griffin's family office. His responsibilities extend beyond legal oversight to include regulatory affairs and compliance and reflect the complexities of modern finance. Shawn's journey to Citadel was unconventional. He started as a litigator at Bartlett Beck, a boutique trial firm, where he spent nearly half his time in trial. He participated in high-profile cases, including Bush v. Gore, but ultimately realized that trial work was not his passion. A chance meeting with Ken Griffin led to an in-house opportunity at Citadel, where he has been for 20 years. In that time, Citadel has grown from 1,000 employees with $12 billion in AUM to 4,900 employees with $65 billion in AUM. The focus of his role at Citadel is building the right teams to meet the demands of rapidly growing markets around the world, developing technology to ensure regulatory compliance across trillions of transactions every day, and maintaining consistent standards in an organization that is growing as rapidly as Citadel. Citadel has engaged in several high-profile legal battles, including lawsuits against the SEC and IRS, reflecting Citadel's willingness to challenge regulations it views as unreasonable and unduly burdensome. In retaining outside counsel, Shawn looks for lawyers with a strategic vision who can articulate a clear path to winning cases.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John is joined by David Elsberg, the Founding Partner of two law firms, most recently Elsberg, Baker & Maruri. They discuss the experience of starting a law firm, including the motivations, challenges, and rewards of building a law firm from the ground up. David is a former Quinn Emanuel partner. He was inspired to start his own firms by the accounts of John and other Quinn Emanuel partners of the satisfaction they felt from building something new. He wanted the challenge of starting a firm and learning the business side of legal practice. Although running a law firm requires a different skill set from practicing law, starting a law firm is not particularly difficult compared to other businesses. Success depends primarily on assembling the right people. At first, David was intimidated by the non-legal aspects of starting a business, such as setting up payroll and office infrastructure, but found that hiring skilled professionals made the process manageable. The most critical factor for success is selecting lawyers who are not only talented, but work well together. Before starting a new firm, founders should carefully disengage from their current firm. They need to walk a tightrope in how they communicate their departure to their current firm's management, colleagues, and clients. Boutique litigation firms now attract high quality associates because they offer young lawyers more trial experience and closer client relationships. Many clients also appreciate the hands-on approach of a smaller firm without the bureaucracy of a large organization. David's firm prioritizes trial work, handling high-stakes disputes, particularly in finance. He has found that, while it involves risk, the rewards of independence and creativity in a start-up firm are significant.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
Tonight, on Trackside with Kevin Lee and Curt Cavin, it’s officially race week at St. Petersburg. They talk more about the FOX IndyCar commercials and remain hopeful that it draws attention for future fans. They also talk about what is the biggest headline and which driver will have a more improved year going into this weekend’s season opener at St. Petersburg. Later, they talk about TWG Motorsports. Later in the first hour of the show, Kevin and Curt talk about Will Power’s status on the series and on his contract along with David Malukas. To wrap up the first hour of the show, Kevin previews the second hour. To start the second hour of the show, Kevin and Curt talk about which driver has more to prove this season: Alexander Rossi, Rinus VeeKay, or Christian Lundgaard. They also talk about which driver has more on the line: Will Power or Marcus Ericsson. Later, they also talk about which driver will make a bigger jump this season: Pato O’Ward, Josef Newgarden, or Marcus Ericsson. They also talk about who will be the highest finishing A.J. Foyt Enterprises driver in points: Santino Ferrucci or David Malukas. Later, they talk about who is going to be the highest finishing Team Penske driver in points: Will Power, Scott McLaughlin, or Josef Newgarden. They also talk about who they think could win the rookie of the year battle: Louis Foster, Jacob Abel, or Robert Shwartzman. They talk about who could have the best sophomore season: Nolan Siegel, Kyffin Simpson, or Christian Rasmussen. Later in the second hour of the program, they briefly recap the NASCAR race from Atlanta. They also talk about a possible revival of 100 Days to Indy on FOX Nation. Later, they talk about Hy-Vee not returning as a title sponsor for Iowa and Milwaukee. They also talk about the possibility of the new car coming for the 2027 season. Then to wrap up another addition of the show, Kevin talks about some final thoughts and answers fan questions. See omnystudio.com/listener for privacy information.
In the final episode in this series recorded before a live audience in China, John is joined by Richard Ma, Founder of the Dahui law firm; Xiao Liu, Quinn Emanuel's Chair of China Practice and Chief Representative of the Beijing Office; and Yixuan Zhu, partner in Quinn Emanuel's Beijing office. They discuss building their respective firms, establishing their firms' cultures, global expansion strategies, and challenges in cross-border legal practice. Dahui was established to better serve clients, particularly in fast-evolving new economy industries like technology, media, telecommunications, and healthcare. Dahui adopted a boutique approach—being the best at what it did and providing full-service legal support to its clients. Expanding carefully, the firm analyzes whether expanding into a new city will assist its clients and whether it can attract top tier local talent. The Chinese legal market is also trending towards firms expanding into “second-tier” Chinese cities such as Wuhan, Nanjing, and Chongqing where an increasing number of disputes arise. Quinn Emanuel's global expansion has been largely talent-driven and opportunistic, seeking exceptional lawyers to open offices rather than following a predetermined plan. In addition, the globalization of business has led to a globalization of disputes with proceedings in multiple jurisdictions and key witnesses living around the world. Firms with talented lawyers throughout the world are simply better suited to effectively represent clients in such cases. Both firms work to maintain firm cultures that emphasizes competitiveness and client service. Quinn Emanuel has a tradition of sending firm wide "victory emails" to celebrate case wins and instill a results-driven mindset. Dahui values commitment to precision and professionalism, ensuring high standards in legal work. On the evolving Chinese legal market, Dahui bridges the gap between international clients and China's regulatory landscape, correcting misconceptions and ensuring successful investments and dispute resolutions. As Chinese companies continue to expand globally, demand for international dispute resolution will likely rise. Legal complexities stemming from U.S.-China tensions will also likely provide opportunities for experienced litigators to navigate shifting regulatory and geopolitical landscapes.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
In the second of a series of podcasts recorded before a live audience in China, John is joined by three in-house lawyers from major Chinese and multinational corporations: Victor Shen, Chief Legal Officer of Henkel China; Liu Zhen, Vice President Legal Department of Xiaomi; and Li Hua, senior legal counsel of a Fortune 500 energy company. They discuss intellectual property, regulatory and compliance issues in China as well as the evolving legal market. Non-practicing entities (NPEs) or “patent trolls”, which do not share the interests that patent owners and implementors have in maintaining a sustainable IP ecosystem, are a problem in China just as they are in the West. Building a strong legal strategy for IP involves maintaining inter-disciplinary teams that combine legal talent with key scientists within the company. IP disputes increasingly involve proceedings in both the U.S. and Europe. Antitrust issues do not arise in IP cases nearly as much in China as they do in the U.S. Regulatory compliance issues, especially regarding U.S. export controls, sanctions, and data security laws, are very hot topics in China. Foreign investment restrictions and lengthy review processes in multiple jurisdictions have forced companies to abandon deals. In-house lawyers need to be mentally agile and proactive. Effective legal teams must also develop strong internal compliance frameworks and maintain close relationships with regulators. Western law firms have withdrawn from China because of reduced foreign investment, the increasing capabilities of Chinese firms, and the need to retain local Chinese lawyers to represent clients in court or before regulatory agencies.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
In the first of a series of podcasts recorded before a live audience in China, John is joined by Professor Gao Xiqing, the former Vice Chairman, President and Chief Investment Officer of the China Investment Corporation, the largest Chinese Sovereign Wealth. They discuss Prof. Gao's extraordinary career from his early days building a railroad in rural China during the Cultural Revolution to earning his JD at Duke and becoming the one of the first Chinese lawyers to pass the New York bar and work at a major Wall Street firm. Prof. Gao's work on Wall Street led to him explaining, as a third year associate, the causes of the Black Friday stock market crash to Chinese business and government leaders. Later he was called back to China to design its first stock exchange and the Chinese regulator equivalent to the SEC. They also discuss Prof. Gao's role in running the China Investment Corporation (CIC), one of the world's largest sovereign wealth funds. CIC invests only in private businesses outside of China, purchases less than a 10% stake in those companies, and splits its investments roughly evenly between publicly traded companies and private equity. Finally, they discuss Prof. Gao's perspective on Sino-American relations. He believes that, viewed in perspective, the two countries have grown much closer since the days of the Cold War and that common cultural values, such as the drive to work hard and achieve, will lead to closer relations in the future. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John is joined by renowned criminal defense lawyer attorney Ben Brafman, Founder of Brafman & Associates. They discuss Ben's 45-year career, trial strategies, and reflections on the criminal justice system. Ben, who has tried more than 75 cases, gained prominence in the 1980s and 90s when he defended major criminal trials, particularly organized crime and white-collar cases. He was in trial almost continuously for 11 years. He attributes his success to meticulous preparation and emphasizes that there are no shortcuts in trial practice. Ben describes the evolution of criminal trials over the last 40 years, noting that trials are shorter and less frequent today due to an increase in plea deals. John and Ben also discuss trial strategies. Many cases are won on cross. A successful cross requires deep knowledge of every piece of evidence in the case. He describes one case in which he essentially memorized months of taped conversations to dismantle a key witness's credibility. Ben often uses cross-examinations of prosecution witnesses to establish parts of the defense and contradict the testimony of other witnesses. Most cases today are won or lost on emails or texts because they are so prevalent and an incriminating email or text by a defendant cannot be discredited on cross-examination. Ben also reflects on some of his most notable cases, including the acquittal of Sean "Diddy" Combs on gun and bribery charges in 2001 and the acquittal of nightclub mogul Peter Gation after an eight-week racketeering trial. Criminal defense often takes an emotional toll on the criminal defense lawyer, who is witness to the devastating impact criminal prosecutions have on families and personal reputations. Finally, John and Ben discuss criminal justice reform. Ben criticizes mandatory sentencing minimums laws and advocates for judicial discretion to prevent unjustly harsh sentences. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John is joined by Michael Ng, partner at Kobre & Kim. They discuss the $604 million verdict Michael recently won in a trade secrets case in Alameda County Superior Court in California. The punitive damages phase of the trial is expected to take place in the Spring. The case centered on allegations that Phillips 66 misappropriated Propel Fuels' trade secrets while conducting due diligence for a potential acquisition that ultimately did not proceed. Michael explains that Propel Fuels, a pioneer in renewable fuels, accused Phillips 66 of using proprietary data, including financial models, market research, and operational strategies, to replicate Propel's business. Despite Phillips 66's claims that it had no need for Propel's information, Michael and his team demonstrated that the trade secrets were not only accessed but directly used to launch Phillips 66's renewable fuels business. The evidence Michael's team presented included internal Phillips 66 documents and testimony that showed the rapid deployment of Phillips 66's business mirroring Propel's proprietary model. Michael reviews the strategic decisions he made that led to the verdict, including choosing to proceed in state court rather than federal court, providing a detailed pretrial trade secrets disclosure, selecting jurors with technical expertise, and proactively calling a key defense witness during Propel's case-in-chief. He also describes how the trial team effectively explained the complex market and regulatory dynamics of renewable fuels through their clients' testimony and expert witnesses. John and Michael also discuss Propel's damages case, which was based on an unjust enrichment theory that emphasized the head start Phillips 66 gained by leveraging Propel's trade secrets. Michael describes internal Phillips 66 communications stating that Propel's information gave Phillips 66 a ten year head start on entering the renewable fuels market. Finally, John and Michael also discuss broader trends in trade secrets litigation, including the growing importance of trade secret law in emerging technologies like AI and machine learning, where trade secrets often offer more protection than patents. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
John is joined by Catrin Griffiths and Christian Smith, the Editor-in-Chief and Litigation Editor of The Lawyer. They discuss legal journalism in the UK. John, Catrin and Christian agree that UK legal reporting is more analytical and critical of law firm strategies than U.S. legal journalism. They attribute this to the UK's centralized legal market in London and a British journalistic culture that favors accountability and critical analysis. They explain that The Lawyer, originally a print magazine, has evolved into a digital platform combining news, data, and insight, providing in-depth analysis of law firms' performance and strategy. The publication operates like a financial news outlet dedicated to the legal sector, reflecting the industry's significant contribution to the UK economy. It covers everything from major legal trends to firm strategies and even lighter, cultural stories within firms. They also discuss the growing dominance of U.S. law firms in London, noting that American firms often outpace UK firms, perhaps due to longer working hours and more streamlined management. Catrin explains that UK firms historically thrived with strong infrastructure and global networks, though they now face challenges adapting to market changes. They also address cultural differences, such as the early retirement age at UK firms, contrasting with U.S. firms where partners often work well into their 70s. Catrin and Christian also explain the importance of maintaining authenticity when law firms engage with journalists. They advise against corporate jargon and encourage honest dialogue. Finally, they discuss how stories about small quirky aspects of a firm's culture can often reflect broader trends and resonate with readers.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi
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.fmHost: John B. Quinn Producer: Alexis HydeMusic 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!
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.fmHost: John B. Quinn Producer: Alexis HydeMusic 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.fmHost: John B. Quinn Producer: Alexis HydeMusic 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.fmHost: John B. Quinn Producer: Alexis HydeMusic 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.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
Tonight, Curt and Kevin recap IndyCar hybrid testing, and Petit Le Mans! They talk about how the Hybrid engine performed during testing, and Alexander Rossi's new position at Ed Carpenter. They also talk about Rinus Veekay testing instead of Sting Ray Robb. They also talk about Grosjean's future at Juncos, and his comment on rising costs with the hybrid. Later, they talk about Hailie Deegan moving to HMD Motorsports in the Indy NXT series. They talk about how popular she is on social media and how much exposure she'll bring to Indy NXT. They also talk about some other additions to Indy NXT. To round out the first hour, Kevin previews hour two. In the second hour of the show, Kevin and Curt break down the Arlington Grand Prix layout, and the big event Roger Penske did with the Cowboys and Rangers to promote the event last week. They also talk about the possibility of racing in Mexico. They also answer listener questions. Later, Kevin and Curt answer some listener questions, including which ovals are most likely to return to the schedule, and how enjoyable Petit Le Mans was this year. To end the show, Kevin recaps what they missed, and talks about Jackson Lee's race over the weekend. See omnystudio.com/listener for privacy information.
Conor Daly traded his Dallara in for a Silverado this past weekend as he was in NASCAR Truck action at Kansas. He joins co-host Chase Holden to dig into how the Friday night event unfolded and how he managed to bring the PolkaDot sponsored Niece Motorsports number-44 entry home in 17th position. They also catch up on the latest IndyCar off-season news, where Alexander Rossi has been tabbed to be the new pilot for the Ed Carpenter Racing number-20 ride. Conor explains why he is upset with ECR's lack of acknowledgement for former racer Rinus VeeKay's contributions to the team. IndyCar's rumored return to Texas and Michael Andretti stepping down from his position of power at Andretti Global are also discussed.Team Penske Racing Engineer Luke Mason joins the show to help give listeners a better idea of the technical side of IndyCar racing. Through his position on Josef Newgarden's team, Luke has won back to back Indianapolis 500s over the past two seasons. Conor and Luke discuss how some drivers in the paddock have struggled to get used to the heavier Dallara that has developed over the years with the introduction of the aeroscreen and the hybrid system. They also dive into the world of dampers and how much of a difference they make in car setup programs. Conor asks Luke about the aerodynamics of the car and trim methods used to help make speed in qualifying, as well as how his requests to find comfort in the car differ from Josef. 21+ and present in North Carolina. Opt in req. Wager requirements apply. Bonuses awarded as nonwithdrawable bonus bets or profit boost tokens. Restrictions apply including bonus expiration. See terms and conditions at fanduel.com/sportsbookGambling problem? Call 877-718-5543 or visit morethanagame.nc.gov