Legal Listening: The Fox Rothschild Llp Podcast

Episode 48 Digital Boundaries: Fourth Amendment Protections in a Connected World Modern technology is testing the limits of the Fourth Amendment and redefining the parameters of privacy. Michael Price, Litigation Director of the Fourth Amendment Center at the National Association of Criminal Defense Lawyers, joins host Matt Adams to dive into some of the most pressing issues at the intersection of criminal law and technology: geofencing, reverse warrants, facial recognition and forensic genealogy. Will case law catch up with technology? Michael and Matt search for answers in this compelling episode.

Episode 47 Fireside Chat With Bill Baroni and Jesse Eisinger Recorded at our 2024 White-Collar Symposium held in Philadelphia last month, this special episode dives into the landscape of white-collar criminal prosecution from the perspectives of Bill Baroni and Jesse Eisinger. Both former podcast guests, Bill and Jesse provide Matt Adams with insight into their personal experiences with the presumption of innocence. They also share their views on how politics does — and does not — influence cases pursued by the Department of Justice. Bill is the former deputy executive director of the Port Authority of New York and New Jersey who was indicted and served prison time in connection with the infamous Bridgegate scandal before his conviction was unanimously overturned by the U.S. Supreme Court. Jesse, a Pulitzer Prize-winning journalist, is the author of The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives, which explores the DOJ’s prosecutorial approach from the early 2000s Enron

In March 2021, the Securities and Exchange Commission announced with great fanfare the creation of its Climate and ESG Task Force to proactively identify ESG-related misconduct. Three years later, the SEC quietly shuttered it. Why? Hosts David Colvin and Karen Davis consider the reasons the agency may have elected to disband its task force and how it may approach ESG enforcement in the future. The pair also explore the legal challenges to the proposed Climate Risk Disclosure Rules.

Episode 46 America’s Incarceration Industry: Exposing Private Prisons Peer into the world of prison profiteers with Shane Bauer. Shane’s name may sound familiar. In 2009, he and two friends were hiking near the Iraq-Iran border when they were arrested by Iranian authorities, accused of espionage and imprisoned for more than two years. Extensive international pressure and diplomatic efforts ultimately secured their release. An American journalist and author, Shane decided to dive deeper into the private U.S. prison system after his return to America. Working as an undercover guard in a private Louisiana prison, Shane exposed its conditions and practices in his award-winning book, American Prison: A Reporter's Undercover Journey Into the Business of Punishment. He and host Matt Adams engage in a perspective-shifting conversation on the origins of America’s private prison system, which accelerated in the South after the Civil War. They also discuss the impact of Shane’s book on the industry, which piv

Episode 45 The Grit, Grace and Gift of Second Chances What’s it like when the FBI knocks at your door? Justin Paperny shares his journey from that fateful day in April 2005 to his 18-month sentence in federal prison as a convicted felon and an encounter with a fellow incarcerated person that changed the trajectory of his life. Justin joins host Matt Adams for an episode detailing how that unexpected friendship gave him a chance to forge a new a career out of a mistake. Justin is the founder of White Collar Advice, a business that helps white-collar defendants through every stage of the judicial process. You’ll be captivated listening to how Justin is turning his story of redemption into a tangible way to help others.

Is the IRS prepping a legal stew for business that filed for Employee Retention Credit (ERC) relief? Host Matt Adams invites Fox Rothschild partner Elizabeth Blickley into the proverbial kitchen for this episode. They discuss where the program currently stands and how, nearly a year to the day since the ERC moratorium was put in place by the IRS, some companies’ relief claims are being put on the backburner by IRS bureaucracy. Get a refresher on recent ERC developments, including court case outcomes, the reopened IRS ERC Voluntary Disclosure Program, and what to do if your business receives an IRS recapture letter. You’ll also hear predictions on pending ERC-related Congressional bills and how the IRS may be baking up lawsuits for companies that filed for ERC relief.

From circuit courts to the Supreme Court, rulings from appellate courts have turned some tried-and-true principles of law on their head in 2024. How have the decisions affected the practice of white-collar criminal defense law? Morgan McCall Reece, a former state and federal prosecutor who recently joined Fox Rothschild, digs into these cases with host Matt Adams. Listen as Morgan offers a valuable insider perspective on how appellate courts are reshaping the law, including the implications for sentencing guidelines, geofencing and agency deference. The information in this podcast is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this podcast should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this podcast without seeking the advice of legal counsel. Views expressed are those of the participants and not necessarily this law firm or its clients. Prior

Episode 42 AI in Criminal Justice: Opportunity or Opportunity for Misuse? Can artificial intelligence be a positive, productive tool in criminal justice or are its flaws and the opportunity for misuse too great? Host Matt Adams covers these issues and more with Pramod Kunju, a Data Analytics & AI entrepreneur with a master’s degree in criminal justice who wrote the book, "Artificial Intelligence (AI) in Criminal Justice: A Primer on Implications, Ethics, Policy.” The discussion ranges from the use and potential use of AI in policing, prosecution and corrections, to the consequences of bias in AI and the need to correct it. You won’t want to miss this thought-provoking episode.

Episode 41 The Dynamics of Decision-Making: Psychology and the Criminal Justice System Human errors can irrevocably alter the course of someone’s life in the criminal justice system. In a fascinating follow-up to Episode 40 on the role of pseudoscience in the courtroom, Dan Simon joins host Matt Adams to dissect Dan’s book, In Doubt: The Psychology of the Criminal Process. Dan, who is also the Richard and Maria Crutcher Professor of Law and Psychology at the University of Southern California Gould School of Law, digs into the inherent role of psychology and cognitive science throughout the criminal justice process. Matt and Dan explore how spontaneous and induced errors impact and influence criminal investigations. Dan offers a scientific perspective on how to improve the system to make it more accurate and fair. He also explains why his proposals would benefit law enforcement and the accused. And lastly, Dan takes aim at the interrogation process and the adversarial legal system in the United States an

Episode 40 Debunking Courtroom Pseudoscience: A Conversation With the Innocence Project's Chris Fabricant It’s a sense of outrage that gets him out of bed every morning, says M. Chris Fabricant, Director of Strategic Litigation at the Innocence Project. Approximately 2.3 million people are incarcerated at any given time in the United States. Estimates put the number of wrongfully convicted at up to 5%, meaning tens of thousands of innocent people are behind bars for crimes they did not commit but were convicted of, often based on pseudoscience. Chris, the author of Junk Science in the American Criminal Justice System, joins host Matt Adams to explain the history and evolution of forensic science. Emerging as a “field” in the latter half of the 20th century, forensic science was often developed without employing the scientific method. Bite marks and blood spatter have since been accepted as “evidence” by the courts and the media. The field also has underpinnings in systemic racial, social and economic

Episode 39 Unthreading the Silk Road: A Conversation With Author Nick Bilton A marketplace of drugs, guns and murder for hire. Journalist and author Nick Bilton explored the illicit web-based market the Silk Road in his page-turner, American Kingpin: The Epic Hunt for the Criminal Mastermind Behind the Silk Road. In this engaging episode, he joins host Matt Adams to dig into how he conceptualized, researched and wrote this book. They also forecast where internet-based crimes are potentially headed thanks to artificial intelligence. Nick and Matt’s conversation takes listeners back in time to the early 2000s—the early days of internet-based crime—and provides a legal and practical perspective on how federal agencies altered their tried-and-true processes to confront and catch criminals committing crimes via the web. The episode also explores how the acceptance of responsibility—or lack thereof—by a defendant can affect sentencing decisions.

What's the secret to successfully recruiting advisors? Understanding that moving from one firm to another is probably one of the most stressful things that an advisor can go through. That’s what Jodi Perry, National Head of Advisor Recruiting at Raymond James, tells host Matt Baum in this episode. Jodi, who blazed a trail 20 years ago as the first female recruiter at her firm, discusses how and why she made the move to create her current position at Raymond James and the strategic initiatives she’s looking to implement for the firm. She also offers advice for women interested in working in financial services and shares insights on how to be a good recruiter.

Episode 38 A Blueprint for Compliance: The Fraud Pentagon Theory How can you pinpoint employee behaviors that signal a potential risk of fraud in your company, especially if you operate in a highly regulated industry? Join host Matt Adams for this insightful episode featuring Nicole Sliger and Jonathan Marks, forensic accountants with the global accounting and consulting firm, BDO. The trio provides practical guidance on compliance management, informed not only by personal experiences but also the five components of the Fraud Pentagon Theory. Developed by Jonathan, this theory helps companies identify the human element that can lead to employees engaging in activities that put a company at risk for white-collar crimes. You’ll learn to recognize key red flags and take actionable steps to safeguard your organization.

Episode 37 Vintage or Trendsetting? The SDNY's Whistleblower Pilot Program The Department of Justice launched a Whistleblower Pilot Program in the Southern District of New York in February. But is it a groundbreaking program, or an existing policy simply wrapped in fresh branding? Seasoned white-collar litigator Andrew Bernstein joins his partner and series host Matt Adams to dissect the program. The two give their candid opinions on its limitations, effectiveness and potential for expansion outside the SDNY. Listen to find out why it’s critical to contact an attorney before making a self-disclosure directly through the program

Special Edition: Episode 36 Rolling Change: The DEA Turns Over a New Leaf on Marijuana Scheduling The U.S. Drug Enforcement Agency (DEA) triggered high hopes when it recently announced it wants to accept the U.S. Department Health and Human Services’s recommendation to reschedule marijuana from Schedule I to Schedule III. Josh Horn, Co-Chair and founder of our Cannabis Law Practice, joins host Matt Adams to explore this trailblazing announcement by the DEA. Their discussion digs into the business and banking ramifications for cannabis companies of the potential rescheduling. They also explore social justice issues for people formerly incarcerated for nonviolent crimes related to the possession and use of the marijuana. And they examine the parallels to Prohibition as well as consider the benefits rescheduling could have for medical research and municipal revenue generation.

How can a chief operating officer be most impactful at a registered investment advisor firm? In this episode, host Matt Baum chats with Matt Sonnen, COO of Coldstream Wealth Management. They discuss what it means to be a COO in an RIA firm, building trust with leadership and crafting both the right company culture and streamlined operational processes for long-term success.

Episode 35 A Double-Edged Sword? The DOJ Confronts AI Like all new technologies, AI isn’t naturally good or bad. But it can be used by people motivated to do terrible – and possibly criminal – things. That’s the view of Mark McCreary, our Chief Artificial Intelligence & Information Security Officer. He joins series host Matt Adams to discuss AI in light of DOJ Deputy Attorney General Lisa Monaco’s public statements this year surrounding the emerging technology. Mark offers his perspective on the future of machine cognition, including whether it’s possible to recognize potential criminal activities aided by AI. The pair also explores legal and ethical perspectives of using generative AI in the workplace. You’ll hear valuable recommendations on how to incorporate this new technology into your business while establishing guardrails and policies to keep proprietary and personal data secure. If you’re using or considering using Gen AI in your workplace, this episode is for you.

Episode 34 A Conversation With Jesse Eisinger, Author of 'The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives' In a single decade, the prosecutions of those accused of white-collar crime underwent a radical transformation. This thought-provoking episode will take you back in time to explore the DOJ approach in the early 2000s Enron era and walk you forward into the Great Recession and the collapse of the financial markets. Jesse Eisinger, a Pulitzer Prize-winning journalist, joins host Matt Adams to discuss his book, "The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives." The pair discusses how the pendulum swung drastically from a time of nightly executive perp walks on the evening news, to today, where settlements reign supreme and accountability for inflicting widespread economic harm via white-collar crimes is absent. You’ll discover the historical context for the Department of Justice's current Principles of Corporate Prosecution and find out how

Episode 33 Framing the Narrative: Journalism's Influence on the Presumption of Innocence In this insightful episode, Pulitzer-nominated journalist Mark Di Ionno talks candidly about how the media can affect the court of public opinion for defendants facing criminal accusations. Throughout Mark’s 40+ years of reporting, he has maintained and demonstrated empathy for the people who are at the heart of any story he’s written. He and host Matt Adams explore how changes in journalism, including the way reporters approach a story and the impact left by a digital footprint, may have eroded the presumption of innocence to which every defendant is entitled. This episode also offers insight into how defense attorneys can flex the media narrative to benefit and protect their clients.

Living with a manipulative parent who exercises coercive control can be a silent struggle for children. Dr. Christine Cocchiola, DSW, LCSW, a clinician and social work professor, joins Sandra Fava to highlight the profound consequences of parent-on-parent abusive relationships on a family. They detail the often unexpected and counterintuitive responses that can manifest for children as coping mechanisms when a parent is abusive. They also discuss the best ways to support a child who is experiencing this in their family life. With laws already changing in some states, Christine and Sandra speculate on how the court and legal systems could better respond to families and individuals victimized by coercive control abuse.