Foxcast Legal Listening

Episode 88 Bargained Away: Inside America's Plea Machine Hosted by Matt Adams “One of the most haunting questions I've asked on social media is for prosecutors to identify any lever that the law permits them to apply in order to try to elicit a guilty plea that they would not apply because they personally think that it would be immoral, unethical or otherwise unjust to apply that much leverage. I'...

Episode 21 Labor Law Lineup Ep21 -  The Power of Appellate and Amicus Briefs in NLRA Practice Hosted by Mark G. Eskenazi . The NLRB considers amicus briefs, particularly when it's considering whether to change or clarify a legal standard. 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...

Episode 87 Public Defense Reimagined: A New Jersey Blueprint Hosted by Matt Adams “Most people don't want to commit crime. There are very few people who go out of their house in the morning and say, 'I'm going to commit crime.' ... Most people are dealing with experiences in their lives, be that addiction, be that mental health issues, be that an inability to get a job or housing, that are maybe n...

Episode 20 Labor Law Lineup Ep20 - The Grievance Game Plan Hosted by Mark G. Eskenazi and Katie Cohodes . HR leaders should understand their collective bargaining agreement grievance procedure. We walk through how the process can work. 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...

Episode 86 Weaponization of DOJ Isn't New: The Untold Story of Stephen Keller Hosted by Matt Adams and Stephen Keller “My heart dropped to my feet. And the life just left me, and I knew that at that time we were done. I knew whatever this was, it's not good... After that, the whole demeanor of the judge changed. Anything my attorneys asked for, they were not granted... There was absolutely no due...

Episode 19 Labor Law Lineup Ep19 - Honey Over Vinegar: Making Collaborative Labor Relations Work Hosted by Mark G. Eskenazi and Katherine Cohodes . Collaborative labor relations can transform how organizations operate. 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 pu...

Episode 85 The Presumption of Innocence - Episode 85 Inside the Interrogation Room: A Psychologist's Mission to End False Juvenile Confessions An innocent person would never confess to a crime they didn't commit, right? That's what most people believe. But the science tells a very different story. In this compelling episode of “The Presumption of Innocence,” host Matt Adams talks with Dr. Hayley C...

Episode 18 Labor Law Lineup Ep18 - Credibility Matters Hosted by Mark G. Eskenazi and Katherine Cohodes . Witness credibility is critical in an NLRB case or arbitration. 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 cr...

Episode 84 The Presumption of Innocence - Episode 84 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, inclu...

Episode 17 Labor Law Lineup Ep17 - 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 n...

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...

Episode 16 Labor Law Lineup Ep16 - 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...

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 governmen...

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 Rothschi...

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...

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 d...

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...

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 cre...

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...

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 no...

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 advic...

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. Draw...

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 po...

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,...

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. 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...