Legal Listening: The Fox Rothschild LLP Podcast

Episode 84 From Enron to Today: What 20 Years Taught Us About White Collar Crime Host Matt Adams sits down with former Enron Task Force lead prosecutor and Duke Law Professor Samuel Buell to trace the arc of corporate fraud enforcement — from the historic conviction of Enron's top executives to the challenges facing regulators and prosecutors today. Buell offers a candid look at how the Enron prosecution came together, including the pivotal decision to flip CFO Andrew Fastow, the controversial case against Arthur Andersen, and why holding individuals accountable in America's boardrooms remains far more difficult than the public tends to assume. Buell makes the case that criminal prosecution alone cannot prevent the next corporate crisis — and that strong regulatory infrastructure may matter more than any single perp walk. With the Department of Justice closing over 23,000 cases, the SEC losing experienced staff, and career prosecutors stepping away, Buell reflects on what happens when enforcement capacity erodes. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

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Episode 17 The Difference Between Labor Law and Employment Law Hosted by Mark G. Eskenazi and Katherine Cohodes We explore the difference between labor law and employment law. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 83 Section 230 at 30: Can the Law That Built the Internet Survive? For 30 years, Section 230 of the Communications Decency Act gave online platforms broad immunity from liability for user-generated content. But that shield is now full of holes and cracking in every direction. In this episode, host Matt Adams and Eric Goldman, Associate Dean for Research at Santa Clara University School of Law and a leading internet law scholar, break down Section 230's core doctrine, its statutory carve-outs and the creative legal theories plaintiffs are using to get around it. They examine why federal prosecutors can pursue criminal cases against platforms, while state attorneys general have been sidelined, even as they push for reform. They also explore Section 230's applicability to generative AI and whether the Supreme Court might ultimately weigh in on the statute. You won't want to miss this thought-provoking conversation, including a discussion on whether we've already passed the peak of free speech online and if Section 230 reform is just the canary in the coal mine. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 16 Protected Concerted Activity Hosted by Mark G. Eskenazi and Katherine Cohodes Covering what protected concerted activity is, when it applies and what HR should do before disciplining employees who speak out about workplace conditions. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 82 Is Qui Tam Unconstitutional? The False Claims Act's Constitutional Reckoning The qui tam provision of the False Claims Act has turned whistleblowing into a $6.8 billion-a-year industry. And now, the Constitution might be coming to collect. Host Matt Adams is joined by his Fox Rothschild colleagues Joe DeMaria and Morgan McCall Reece to dissect whether private relators wielding government power without government accountability violates Article 2 of the U.S. Constitution. Since the Civil War, the False Claims Act has allowed private individuals to file lawsuits on behalf of the government, pocketing 15-30% of recovered funds. When the government declines to intervene, which happens in 75-85% of cases, these unelected, unappointed private relators step into the shoes of a civil prosecutor without meaningful executive oversight. Joe traces the constitutional fault line back to Justice Scalia's dissent in Morrison and then-Attorney General William Barr's 1989 memorandum declaring the qui tam statute unconstitutional. Morgan breaks down the Appointments Clause and the Vesting and Take Care Clauses at the center of the fight, zeroing in on whether relators are functioning as "inferior officers" exercising significant authority without executive appointment or supervision. Matt, Joe and Morgan predict where this is ultimately headed: the Supreme Court, with a potential role by the 11th Circuit. With qui tam litigation serving as big business for the government, relators and law firms alike, don't miss this thought-provoking discussion. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 15 Virginia Public Sector Collective Bargaining Developments Hosted by Mark G. Eskenazi and Toby Latham Former NLRB attorney Toby Latham joins host Mark Eskenazi for a deep dive into the developments in Virginia over the potential for public-sector collective bargaining. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 14 The NLRB Asks a Court to Strip Its Own Independence Hosted by Mark G. Eskenazi The NLRB asked a Texas district court to sever from the NLRA job protections for board members and administrative law judges so that the president would have at-will removal authority over those officials. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 13 From the NLRB to the Border: Labor Enforcement Goes Global Hosted by Mark G. Eskenazi and Ian Meklinsky How and why  labor risk analysis expands beyond the U.S. boarder. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 81 Tipper X Unmasked: Wall Street's Most Unlikely Informant What makes a promising young Wall Street analyst with an Ivy League business degree stuff $15,000 cash into his shirt, walk through airport security and hand-deliver a payoff to his insider trading source? Ask Tom Hardin. In this episode, host Matt Adams sits down with Tom, also known as Tipper X, whose cooperation helped the FBI build more than 20 of the 80+ cases in Operation Perfect Hedge, the largest insider trading investigation in a generation. They dig into Tom's recently published memoir, Wired on Wall Street: The Rise and Fall of Tipper X, One of the FBI's Most Prolific Informants. Matt and Tom explore this atypical Wall Street tale: A decision to cheat, driven by a need to belong and enabled by a lack of compliance culture. A 6:30 a.m. meeting with two FBI agents on the plastic seats of a Manhattan fast-food restaurant. More than 40 covert wire recordings. A felony conviction. And a second chance career as Wall Street's most unlikely ethics consultant. This episode is a master class in how good people sometimes lose their way — and find their way back. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 12 Labor Law Meets Trade Policy: The USMCA's Next Chapter Hosted by Mark G. Eskenazi and Ian Meklinsky Exploring the intersection of trade policy and labor law. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 11 Federal Preemption: State-Level Challenges to the NLRA Hosted by Mark G. Eskenazi and Katherine Cohodes Important legal battles playing out in New York and California could change how federal and state labor laws work together. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 9 High-Profile Labor Disputes to Watch Hosted by Mark G. Eskenazi and Ian Meklinsky What the court's decision on a Biden-era barging order standard could mean for your business. Also covered: new guidelines on EAJA letters and the Railway Labor Act is found to have jurisdiction over a space exploration company. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 10 NLRB Updates: Bargaining Remedies, Captive Audience Meetings, Joint Employer and More Hosted by Mark G. Eskenazi and Ian Meklinsky Two pro-employer steps taken by the new NLRB. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 80 Method, Not Madness: How Forensic Psychiatrists Help Criminal Defense Few areas of criminal law are as complex — or as consequential — as the intersection of mental illness and criminal responsibility. Host Matt Adams welcomes forensic psychiatrist Dr. Steven Simring for a deep dive into how psychiatric evaluations can influence charging decisions, trial proceedings and sentencing. Drawing on decades of forensic work, Dr. Simring explains the disciplined, methodical process forensic psychiatrists use to assess a defendant's mental state at the time of an alleged offense and evaluate present-day competency. The episode also pulls back the curtain on the forensic evaluation process, including the evidence psychiatrists review and the careful analysis required to distinguish genuine illness from malingering. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Episode 8 High-Profile Labor Disputes to Watch Hosted by Mark G. Eskenazi and Katherine Cohodes Covering a Supreme Court ruling in a newspaper union controversy and how negotiations in Hollywood and professional sports can effect other businesses.

The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Episode 7 Mid-February NLRB Decision Round-Up Hosted by Mark G. Eskenazi and Katherine Cohodes Breaking down the new board's first Unfair Labor Practice decision on appeal from an Administrative Law Judge.

The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Episode 6 Early February NLRB Decision Round-Up Hosted by Mark G. Eskenazi and Katherine Cohodes Trends for employers to watch regarding refusal-to-bargain cases.

Episode 79 Tactical Playbook: Surviving the Tariff Enforcement Blitz In 2025, the government recovered $6.8 billion from False Claims Act cases involving customs fraud — nearly three times more than the prior year's total. Explore this dramatic surge in tariff enforcement with host Matt Adams and International Trade Partner Brittney Powell. This informative episode covers the fundamentals of tariffs and explores the forces driving the enforcement wave — revealing it's about far more than government intervention alone. Brittney also shares compliance best practices to help importers mitigate risk and predicts how the Trump administration could respond to the recent Supreme Court ruling that struck down reciprocal tariffs. This episode was recorded prior to the Supreme Court decision issued on Feb. 20. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Episode 5 What HR Needs to Know about ULPs Hosted by Mark G. Eskenazi and Katherine Cohodes A high-level roadmap of what to expect if an unfair labor practice charge is filed against your company.

The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Episode 4 Cases on the Chopping Block Hosted by Mark G. Eskenazi and Katherine Cohodes A look at some controversial board decisions from the past few years that the new board majority could reconsider.

Episode 78 Decrypting Crypto: How It Works and How It's Watched Cryptocurrency remains poorly understood by much of the public. Only 17% of U.S. adults say they have ever invested in, traded or used a cryptocurrency — a share that is statistically unchanged since 2021, according to the Pew Research Center. Jonathan Schmalfeld, Director of Policy for The Digital Chamber, joins host Matt Adams to demystify digital currency. Jonathan sheds light on the technology behind it and unpacks the enforcement and compliance trends shaping the space today. Discover how outdated, decades-old financial laws are being applied to this emerging technology, what Congress and regulators are doing now and the jurisdictional hurdles a borderless system creates in courtrooms. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Episode 3 New Leadership at the NLRB Hosted by Mark G. Eskenazi and Katherine Cohodes Breaking down the recent memo issued by NLRB General Counsel Crystal Carey.

The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Episode 2 Recent NLRB Decisions - A Unified Board Moving Cases Hosted by Mark G. Eskenazi and Katherine Cohodes The NLRB has issued more than 30 decisions in contested cases since the new members took office on Jan. 7, 2026.

The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Episode 1 New Leadership at the NLRB Hosted by Mark G. Eskenazi and Katherine Cohodes On January 7, Crystal S. Cary was sworn in as General Counsel of the NLRB, giving her tremendous influence over federal labor law. With the swearing in of two new board members, James R. Murphy and Scott A. Mayer, the board has its first quorum in months and has already started issuing decisions.

Episode 77 The Shadow Docket: Supreme Court Decisions That Shape America In recent years, the Supreme Court of the United States has issued decisions that have altered the course of American life and politics. Carolyn Shapiro joins host Matt Adams to take a look at some of these compelling cases. A former Illinois Solicitor General, Carolyn is now a professor at Chicago-Kent College of Law, where she founded and co-directs the Institute on the Supreme Court of the United States. Together, Carolyn and Matt dig into the decisions that have recalibrated the separation of powers framework laid out in the Constitution. They also define the court's “shadow docket,” tracing its evolution over the past 15 years and the criticisms it now faces. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 76 Automation With Expert Oversight: The Future of Forensic Accounting Dive into how technology is transforming forensic accounting, and why expert review remains an essential safeguard against blind reliance on automation. Chris Ekimoff, an investigations leader at Withum who works at the intersection of financial investigations, technology and risk management, joins host Matt Adams to unpack the benefits and limitations of technology. In their conversation, Chris draws parallels between AI's aggregation and analysis and Excel's ability to correctly add up numbers and columns, and explains why the input of a human expert — with their skills, knowledge, education, experience and training — remains critical to explaining the outputs of both technologies, particularly in the courtroom.

Episode 75 Who's in Charge? Navigating Uncertainty in New Jersey's U.S. Attorney's Office The prolonged legal fight over Alina Habba's status as New Jersey's top federal prosecutor has thrown court proceedings throughout the Garden State into turmoil. Even with the recent Third Circuit Court of Appeals decision and Habba's alleged resignation, the future remains uncertain, according to James Pearce, Senior Counsel at the Washington Litigation Group, who was involved in the litigation challenging Habba's appointment. James joins host Matt Adams to delve into the thorny legal issues that began with Habba's spring 2025 appointment and culminated in the ruling earlier this month by the  Middle District of Pennsylvania that she was unlawfully serving in the role. James and Matt explain why her position was challenged, where the case stands now and what is currently happening to cases in the state's federal court. Matt and James also explore the broader implications of this case for the Justice Department and how it's impacting similar pending litigation in other jurisdictions.

Episode 74 Shattered Scales: Structural Harm in the Criminal Justice System Is the American criminal justice system designed to find truth and justice? Or is it an apparatus created to secure convictions as efficiently as possible and penalize poverty? Peer behind the courthouse door with former public defender Emily Galvin Almanza as she joins host Matt Adams to discuss her book, The Price of Mercy: Unfair Trials, a Violent System, and a Public Defender's Search for Justice in America. A Co-Founder and Executive Director of the nonprofit Partners for Justice, Emily dissects the harmful, everyday bureaucratic practices that play a central role in a criminal justice system focused on the expediency of punishment. Emily and Matt share their personal experiences and first impressions of the criminal justice system early in their career. They also dig into practical solutions that can remediate some of the core causes of crime in communities throughout the country.

Episode 73 The Fraud Whisperer: A Journey From Hedge Fund Hustler to Corporate Risk Adviser Determined to reshape his future once he was released from FCI Otisville, convicted white-collar criminal Mark Varacchi immersed himself in uncovering statistics on white-collar fraud to lay the groundwork for his post-prison life. The former hedge fund C-suite executive, who now runs Federal Prison Consultancy, interviewed countless fellow inmates while at Otisville who were also convicted of fraud, seeking to identify and uncover patterns in how they were able to perpetrate the fraud for which they were convicted. Today, he's armed with a new kind of knowledge that helps companies prevent and uncover fraud. Mark joins host Matt Adams in this fascinating episode that explores how his career spiraled downward as he mismanaged millions, including the immense anxiety he carried each day of potentially being called out for his actions. They also discuss how and why Mark used his prison time strategically to gain insights on how other white-collar criminals skated through financial systems to commit fraud. That insight fuels Mark's newfound career in helping businesses understand and apply his findings.

Episode 72 Beyond the Headlines: Unpacking a Pivotal Case on Privilege Protections A federal court ruling issued in a case involving an alleged bribery scandal shook the legal world when it appeared to limit attorney-client privilege and the work product doctrine. The case grabbed the attention of Bloomberg Law reporter Roy Strom, who followed the matter through its reversal by an appeals court. He joins host Matt Adams to explore this case from their respective positions: a journalist and a lawyer. Roy offers his insight into the value of amicus briefs, especially when he sees law firms banding together to argue for the sanctity of attorney-client privilege. The two also discuss the evolving landscape of white-collar defense law, and Roy offers advice on how lawyers can most effectively interact with journalists.

Episode 71 Necessary Narratives: Storytelling That Moves Lives Forward Harnessing his personal experience as an incarcerated individual and his writing talents as a storyteller, Brad Rouse is focused on helping defendants accelerate their path to redemption and healing. A former on- and off-Broadway director who spent time in Brooklyn's Metropolitan Detention Center (MDC) on a federal drug charge, Brad is currently a Senior Writer and Mitigation Consultant for WhiteCollarAdvice.com, a business that helps white-collar defendants through all stages of the judicial process. Brad shares with host Matt Adams how his life unraveled in a 14-month span, taking him from New York's theater district into a drug addiction that landed him in the MDC. Today, he's crafting written narratives for defendants to present to judges at their sentencing hearings. Brad approaches each storytelling exercise as a holistic form of healing for his clients. Through a series of conversations with each defendant, he works to convey to judges a contextual understanding of the person they are about to sentence, showing each as more than the crime to which they have pleaded guilty.

Episode 70 Fireside Chat With Rachel Barkow and Casey Michel Recorded at our 2025 White-Collar Symposium earlier this month, this special episode gives guests Rachel Barkow and Casey Michel an opportunity to address the issues explored in each other's books. With host Matt Adams as moderator, Rachel — an author, law professor and former clerk for Justice Antonin Scalia — and Casey — an investigative journalist and Director of the Combating Kleptocracy Program at the Human Rights Foundation — explore the common themes in criminal law that connect their works. Rachel and Casey dig into how constitutional rights, judicial interpretation of those rights and legislative statutes influence both mass incarceration and foreign lobbying. Their conversation weaves together turning points and pivotal figures in U.S. history — Richard Nixon and Bob Dole, the Gilded Age and the 1960s — and identifies how those moments and individuals have shaped today's realities.

Episode 69 Unpacking Cashless Bail: Equity vs. Public Safety The debate over cashless bail has intensified following the August Executive Order calling for its nationwide elimination. In this episode, host Matt Adams moderates a conversation featuring dueling perspectives on the cashless bail issue from guests Chanel Rhymes and Ken Good. Chanel is the Director of Advocacy for the Northwest Community Bail Fund, which provides cash bail to those for whom it's not accessible, and fights against the cash bail system. Ken Good is a board member of the Professional Bondsman of Texas, author, podcaster and lawyer who represents the cash bail industry. Chanel and Ken highlight the merits and drawbacks of both cash and cashless bail, rooted in their personal and professional experiences with both systems.

Episode 68 The Legacy and Lessons of Guantanamo Bay: A Defense Attorney's Perspective More than two decades have passed since the doors of Guantanamo Bay were opened to house alleged terrorists. Those doors remain open, though the number of detainees has dwindled to 15. In this episode, Mark Denbeaux, Professor Emeritus and Director of the Center for Policy and Research at Seton Hall University School of Law, shares his personal experiences representing Guantanamo Bay prisoners and looks at the lessons learned, and the lives and liberties lost, in America's war on terror. Mark, who visited the facility more than 100 times over the course of his representations, joins host Matt Adams to discuss how the road to Guantanamo was paved with the legacy of America's internment of people of Japanese descent, most of whom were American citizens, during the Second World War. Mark and Matt also weave the historical threads leading to the current administration's detention facilities for individuals accused of entering the country illegally and its approach to habeas corpus — a legal recourse against unlawful detention.

Episode 67 Shattering the Myth of Rational Justice The American justice system is based on incorrect assumptions about the rationality and logic of human behavior. That's according to Drexel University Law Professor Adam Benforado, the New York Times bestselling author of Unfair: The New Science of Criminal Injustice. Using the disciplines of psychology and social science upon which he based his book, Adam and host Matt Adams explore the systemic blind spots of the criminal justice system in the investigation, adjudication and punishment stages. They also examine the potential to rebuild and reform the system using a more realistic model set of human behavior.

Episode 66 Tariff Uncertainty and Compliance Risks for Businesses The Trump administration's fluctuating tariffs pose major compliance risks for businesses operating in the U.S. Dive into the challenges they pose to businesses that rely on imported goods and services as Marina Gentile joins host Matt Adams to break down the complex aspects of global transfer pricing. A Partner and Lead of the Global Transfer Pricing Strategies Practice at the accounting and advisory firm Withum, Marina draws on 30 years of experience to explain how businesses seeking to mitigate the cost of tariffs can inadvertently engage in tax manipulation. You'll learn what businesses need to do to stay ahead of the compliance curve and discover what could be coming next for global trade.

Episode 65 The Power of Interpretation: Constitutional Meaning in the Modern World The Constitution takes center stage in this latest episode with legal scholar Erwin Chemerinsky, Dean of UC Berkeley Law, who is renowned for his studies of constitutional law and federal civil procedure. He and host Matt Adams dig into how the Constitution is interpreted, and occasionally misunderstood, by elected and appointed federal government officials. They also discuss U.S. Supreme Court rulings issued from the Warren court to today in cases involving constitutional law. They explore how the concept of “originalism” has influenced decisions involving civil rights, executive immunity, election campaigns and more. This intriguing episode also touches on whether it's time to draft a new, more modern Constitution. This episode of The Presumption of Innocence was recorded days before the Supreme Court ruled in Trump v. CASA, Inc., restricting federal courts' ability to issue nationwide injunctions, an outcome our guest examines prospectively in the first half of the podcast.

Episode 64 Cages We Built: The Making of Mass Incarceration in America The U.S. imprisons a larger percentage of its population than any other country in the world. How did we get here? Rachel Barkow, Charles Seligson Professor of Law and Faculty Director of the Zimroth Center on the Administration of Criminal Law at New York University School of Law, returns to the podcast for an in-depth discussion on that very topic with host Matt Adams. Rachel's second book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration, centers the conversation, highlighting six key Supreme Court cases. Rachel asserts that, had the justices ruled differently, their decisions would have created an American society where incarceration rates remained similar to other Western democracies. Rachel and Matt also discuss the financial, societal and practical costs of rising incarceration trends, and whether it's possible to reverse the trajectory.

Episode 63 Enforcement Priorities of the Second Trump Administration: The False Claims Act The Deputy Attorney General of the United States has made it clear that the Department of Justice intends to enforce the False Claims Act (FCA) in a way it never has before: in the pursuit of civil rights fraud. Listen as host Matt Adams is joined by his Fox colleagues Jana Volante Walshak and Kevin Raphael to break down the DOJ's internal memo, titled “Civil Rights Fraud Initiative,” and explain how this new enforcement focuses on “illegal DEI” and impacts businesses and universities that accept federal funds. Matt, Jana and Kevin provide a history of the FCA from its origins in the Reconstruction Era up to present day. They also explore how the act's traditional compliance emphasis compares to the current administration's priorities, and detail the incentives to encourage whistleblowers. Additionally, they forecast how the FCA may be used to enforce other administration priorities in the coming years.

Episode 62 The Tragic Toll of Conspiracy Theories: The Seth Rich Story A violent, unsolved murder of an up-and-coming young professional in our nation's capital. A grieving family in the Midwest. And conspiracy theories both ignited and inflamed by politics. Listen in as investigative journalist Andy Kroll returns to the podcast to dive into his book, “A Death on W Street: The Murder of Seth Rich and the Age of Conspiracy.” Andy and host Matt Adams take us back to the 2016 election year to examine why and how conspiracy theories took flight after the death of Seth Rich. You'll hear how a family in mourning sought — and got — justice against a narrative of falsehoods and how the court system continues to hold the line to facts.

Episode 61 A Call to Service: From Public Duty to Spiritual Advocacy Father Joseph Ciccone's mission to serve the public has been an unwavering and guiding force throughout his life. He's held many titles over the years: Police Officer. Teacher. Detective. Bergen County Sheriff. Priest. But the title that brings him to the podcast today is that of convicted felon. Father Joe joins host Matt Adams to detail his life of public service, from his early days as a beat cop in the 1980s to his foray into elected public office — which ultimately led him to become the target both of hate crimes and of the Bergen County Prosecutor's Office. After pleading guilty, Father Joe dedicated his life as a priest to advocacy for criminal justice reform. This thought-provoking episode also touches on how Father Joe's personal life as a gay man and his progressive social initiatives as a cop, detective and county sheriff impacted the trajectory of his life.

The Trump administration has issued approximately 130 executive orders so far, and many deal with environmental and energy matters. Listen as David Colvin and Karen Davis, Co-Chairs of our ESG Practice, dive into the emerging themes of these executive orders. They specifically dig into the details of EO 14260, “Protecting American Energy From State Overreach" — which calls for federal action against localized energy laws — and speculate whether the Trump administration will join litigation challenging energy laws out of New York and Vermont. The bite-sized episode also explores how this executive order aligns with current EPA policies.

Episode 60 Enforcement Priorities of the Second Trump Administration: Employee Retention Tax Credit Five years and two presidential administrations later, tensions remain — with the IRS and tax credit applicants — over the pandemic-era Employee Retention Tax Credit (ERC). While the IRS has been continuing a Biden-era restrictive policy, a new mandate may be coming when a new IRS Commissioner is confirmed. Fox attorneys Brian Bernhardt and Jonathan Wasser join host Matt Adams for a comprehensive look at the current state of the ERC. They also discuss Billy Long — the current IRS commissioner nominee — and how his background may shape his plans for the agency's approach to the ERC. Brian and Jonathan also forecast what's likely to come for the IRS and the ERC in light of staffing reductions.

Episode 59 Enforcement Priorities of the Second Trump Administration: DOJ Focus While President Trump's first administration focused on reshaping the judiciary, he's indicated a priority of his second administration will be reshaping the federal justice system. In this episode, reporter Andy Kroll and host Matt Adams explore the commonalities among recent U.S. Attorney appointments and how these newly named individuals may impact the overall enforcement priorities of the Department of Justice. They discuss what makes this presidential term different — and what makes it the same — as well as how reductions in force and other staffing changes across multiple federal agencies align with the president's stated vision and agenda. An investigative journalist known for his in-depth reporting on the intersections of politics, money and power, Andy currently serves as a national reporter for ProPublica, where he covers justice and the rule of law, including the Justice Department, U.S. Attorneys and the courts.

Episode 58 Enforcement Priorities of the Second Trump Administration: IRS Investigations What's on the Trump administration's agenda when it comes to federal investigations? Listen to the first in a series of episodes aimed at answering that question. Former IRS Special Agent Jonathan Schnatz joins host Matt Adams to discuss his experience as world events and changing presidential administrations shifted IRS priorities during his 25-year tenure in the Criminal Investigations division. Now a Principal at Withum, Jonathan shares his opinions and prognostications on the administration enforcement priorities for the IRS, including the suggestion that IRS agents will be deployed to the U.S./Mexico border. Matt and Jonathan also dig into the recently released IRS “Dirty Dozen” list and weigh the likelihood of them becoming enforcement priorities.

Episode 57 Wired for Truth: The Art & Science of Polygraphs The polygraph test: We've all seen it used in popular movies, but what is it the truth behind how it's used in the criminal justice system? Jerry Lewis, a retired New Jersey State Police lieutenant who's been administering polygraphs since 1981, joins host Matt Adams to peer inside the mechanics of the test. They explore the science at work in a polygraph machine and the art of questioning a subject — and how to identify when someone is lying without a polygraph. Jerry also addresses criticisms of the polygraph, defends his opinion on forced confessions and discloses the role he played in catching the killer of Megan Kanka, the namesake of Megan's Law.

From executive orders to state laws, elements of ESG are being transformed. Podcast hosts David Colvin and Karen Davis, who also co-chair the firm's ESG Practice Group, explore the impact of the New York Climate Change Superfund Act and consider how it may serve as a springboard toward a potential uptick in state climate change actions. They also turn to the Trump administration's executive orders regarding DEI. This episode explains what the actions mean for government contractors as well as private companies. It also offers suggestions on what companies should do during the safe harbor period that runs until April of this year.

Episode 56 A Strategic Gamble: The Risks, Costs and Rewards of Going to Trial Statistics weigh heavily against defendants in the criminal justice system. Only 0.4% were acquitted after trial in federal cases during fiscal year 2022. In this latest podcast episode, host Matt Adams is joined by firm colleague Patrick Egan, whom Matt describes as “the type of trial lawyer you go to when your only option is to roll the dice and go to trial taking a shot against all odds.” Patrick, a Fox Partner and Chair Emeritus of the firm's White-Collar Criminal Defense & Regulatory Compliance Practice, discusses how he navigates clients through the decision to go to trial and shares his insights into the political and procedural reasons why statistics favor prosecutors. Patrick also recounts the details of one of his most high-profile acquittals involving a Philadelphia politician innocent of the charges lobbied against him.

Episode 55 The Power of the Presidential Pardon: Traditions and Turning Points Recent presidential pardons by both sides of the political aisle are unprecedented in their purposes, which were wielded both to reward and protect. That's according to Rachel Barkow, Charles Seligson Professor of Law and Faculty Director of the Zimroth Center on the Administration of Criminal Law at New York University School of Law. A prolific author who is recognized as one of the country's leading experts on criminal law and policy, Rachel joins host Matt Adams for a timely discussion exploring the historical use of presidential pardons, the standard vetting process for requests and how the pardons issued in January by the both the outgoing and incoming presidents diverge from traditional uses of the power. They also speculate on how — and if — the process could change in the future, should a president have the interest in altering authority granted by the Constitution. You won't want to miss this enlightening episode.

In the second part of his conversation with host Matt Baum, Jeff Nash, CEO and Co-Founder of Bridgemark Strategies, shares the due diligence all advisors should undertake to ensure their clients will be supported both during and after a sale. He also counsels on the value of hiring top legal counsel for corporate transactions – and why they are more than worth the price. He additionally reveals his trademarked “three Fs” that advisors should assess before moving to a new firm, as well as offers tips for career success to advisors just embarking on the profession.