In this episode of Law, disrupted, John is joined by Tom Clare, founder of Clare Locke LLP. The firm specializes in defamation cases and was recently trending in the news for its involvement in the case of Daniel Michalow. This episode dives into the defamation case against Mr. Michalow, which resulted in a significant $52m claim against him.

John starts the conversation by asking why there aren’t more claims made similar to the one made against Mr. Michalow. Tom shares how this case against Daniel Michalow lasted four years due to the conviction but also stresses the vast resources put towards winning this case, something not all individuals have the capacity for.

They delve into the case, first discussing the background that motivated the claim, with Tom noting how the claimant, D.E Shaw. & Co, terminated Daniel’s contract at the hedge-fund firm, citing allegations based on inappropriate comments in the workplace. Tom notes how this wasn’t genuinely an employment case, with disagreement over the wording of the claims against Daniel. They chew over the nature of the inappropriate conduct claims and the decisions that had to be made by Tom as the trial lawyer. He highlights how the theory behind the case was based on whether Daniel could be considered a public figure or not.

Together they debate how the statements made against Daniel were not only false, but were used to establish another motive, discussing how long the arbitration was, and whether experts were assigned to this defamation case. Tom notes how this case lasted four years due to Daniel's sheer perseverance and ability to testify well.

John ends the conversation by asking whether reputation matters anymore, with the societal backdrop of cancel culture and lack of severity around false accusations. Finally, they touch on Elon Musk’s $190m defamation suit, which Quinn Emanuel tried.