Law, disrupted

John is joined by Jennifer Prosek, Founder and Managing Partner of Prosek Partners, one of the world’s leading integrated marketing and communications firms. They discuss effective reputation and crisis management in high-stakes corporate and financial legal matters. Success in such matters often depends on maintaining a disciplined alignment between legal and communications teams. Despite today’s fast-paced media environment, both teams must develop a strategic plan and resist the pressure to react impulsively. Saying less can often be more effective, as premature or excessive public comments may create lasting reputational harm, even when the legal outcomes are ultimately favorable.The output of large language models bearing on reputation can be shaped by proactively feeding the digital landscape, especially large language model AI systems, with positive, relevant content, particularly third-party media coverage. By doing so, companies can shape the narrative these systems generate. While influencing large language models is not fully understood, the importance of establishing ongoing, high-quality positive public engagement is clear.In one case, Bridgewater’s controversial hedge fund culture was proactively reframed into a compelling public story. Rather than hiding or ignoring critical media narratives, the firm opted to control and shape its own messaging, resulting in a broader cultural conversation and the creation of a best-selling book. This example demonstrates how taking the “front foot” in communications may often transform perception and build long-term reputational value. To “nail the narrative,” communications teams must distill a company’s essence into a concise and compelling story that resonates with customers, investors, and the media. Differentiating oneself from competitors, even if polarizing, is essential in today’s crowded communications landscape.Finally, John and Jennifer discuss entrepreneurship, including the value of taking initiative, the power of simply asking for what you want, and the importance of connection and authentic human relationships in business. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

John is joined by Christopher D. Kercher, partner in Quinn Emanuel’s New York office. They discuss a complex cross-border dispute involving a Chinese public company listed on the Shanghai Exchange. The company, which owned oil assets in Texas and was one of the largest private oil producers in the U.S., faced a governance crisis after an investor took over the company and elected a new board in China. When the new board attempted to gain control over the company’s U.S. subsidiaries, it discovered that the company’s former management had implemented mechanisms at the subsidiaries’ holding companies that blocked the election of new directors. This control deadlock posed an existential threat, as Chinese regulators warned the company it could be delisted if control was not reestablished by the end of the year. The urgency of the situation demanded a rapid litigation strategy across three U.S. jurisdictions: Texas, Nevada, and Delaware. The client’s initial effort, led by another firm, to resolve the matter in Texas failed because of the “internal affairs doctrine,” which required adjudication in Delaware, where the entities were incorporated. Fortunately, the other side initiated a Delaware proceeding allowing the Chinese parent to counterclaim and consolidate all issues under a highly expedited schedule. A key early win was securing a “status quo” order in Delaware, which froze major corporate actions and gave the new board veto power over decisions exceeding $100,000, effectively halting adverse moves by the former management. The case involved extensive discovery, much of it in Mandarin, and included WhatsApp, WeChat, and other messaging platforms. Advanced AI tools played a crucial role in accelerating document review, translating materials, and aiding strategy development. Cultural sensitivity and coordination with Chinese counsel were also essential to preparing the case. As trial approached, the opposing side sought settlement, likely due to being overwhelmed by the pace and depth of the litigation.  Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

John is joined by David Proman, Co-Founder and Managing Partner of Atlas Grove Partners and long-time Quinn Emanuel client. They discuss David’s extensive experience working with elite law firms, including Quinn Emanuel, on high stakes matters involving structured finance, digital assets, and complex bankruptcies. At Atlas Grove and its subsidiary, GXD Labs, David has built an investment platform that identifies legal claims as investment opportunities. One example of such an opportunity was David’s early and aggressive pursuit of RMBS claims. In 2010, David was at a fund called Fir Tree Partners that was the most activist fund manager in the RMBS space. They pursued cases against the world's largest banks for breaches of warranties, which led to recovering almost $4 billion for Fir Tree Partners’ investors. David worked with Quinn Emanuel partner Sascha Rand on many of these cases, adding “we have great thanks and gratitude to Quinn Emanuel for working on this with us for over a decade against some of the world's most significant counterparties". Another example was the Celsius bankruptcy. Celsius was a crypto lending platform with 600,000 customers. At its peak, it had almost $20 billion in liabilities. Celsius’s customers stored their Bitcoin, their Ethereum, or their digital tokens using deposits, similar to bank deposits. When Bitcoin dropped dramatically in 2022, the company became insolvent and filed for bankruptcy. Bankruptcy proceedings revealed numerous legal issues, including fraud.David’s Blockchain Recovery Investment Consortium (BRIC) won the role of litigation administrator and crafted a plan focused on returning value to defrauded customers. Working closely with Quinn Emanuel partner Ben Finestone, BRIC’s strategy involved bringing claims against counterparties across the world who had harmed Celsius before it went bankrupt. One of BRIC’s biggest recoveries resulted from a $300 million settlement with Tether. David credits Ben with bringing strong legal claims and strategies to defeat “issues that I don't think have ever been litigated before in crypto.”When working with law firms, success depends on aligning the incentives of the firm and the client, maintaining open communication, and active client involvement in developing legal strategies, especially in complex or novel sectors like cryptocurrencies. Counsel should be both strategically creative and brutally honest about risks. As David said, “that's part of the reason why I love you guys: because you always give me honest feedback.” David also believes that fee structures should prioritize results over billable hours. After the case, all parties should reflect on both wins and losses to continuously improve decision-making.Finally, David and John discuss the evolving legal risk in AI infrastructure, where opaque contracts and fast-changing technology may spark future waves of litigation.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

John is joined by Richard East and Karabeth Ovenden, partners in Quinn Emanuel’s London Office. They discuss the unprecedented bankruptcy and restructuring of NMC, the largest healthcare provider in the United Arab Emirates (UAE). Initially listed on the London Stock Exchange and heavily favored by the market, NMC collapsed precipitated by a report by short-seller Muddy Waters raising significant questions about the audited accounts of the company. Ultimately it was revealed that NMC had approximately $6.5 billion in debt, rather than the $2.5 billion that had been disclosed to the market. Over 100 creditors rushed to seize NMC’s assets across the UAE. The absence of a compreheånsive UAE bankruptcy framework posed an existential threat to the company, especially because the crisis occurred during the COVID-19 pandemic when NMC facilities were treating a significant portion of the country’s COVID hospitalizations.To address this crisis, a team of QE insolvency litigators initiated administration proceedings first in the UK for NMC’s parent company. However, this did not protect NMC’s UAE-based operating entities. To protect those assets and preserve continuity of care, the QE team adopted the novel strategy of moving 36 NMC operating companies into the Abu Dhabi Global Market (ADGM), a common-law “free zone” jurisdiction within the UAE. This required a sovereign executive order to release existing asset attachments and allow for insolvency proceedings in the ADGM—an unprecedented step in UAE restructuring history.The move faced significant jurisdictional and legal resistance across the various Emirates. Recognition of the ADGM orders in onshore courts was difficult, requiring extensive legal argumentation and government coordination. Once inside the ADGM, the companies could proceed with a complex reorganization plan, culminating in a successful arrangement which obtained support from over 90% of the creditors. The team also navigated criminal investigations, litigated against dissenting creditors, and pursued claims against parties potentially complicit in the fraud. Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic 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.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi