Foxcast Legal Listening

Fox Rothschild

Fox Rothschild LLP is a national law firm with over 1000 attorneys coast to coast. Our lawyers provide a full range of legal services to public and private companies – from family-run businesses to multinational corporations. We also represent charitable, medical and educational institutions both in the United States and in more than 50 countries worldwide. In our podcasts, the attorneys of Fox share their insight and knowledge on some of today’s most pertinent legal issues impacting individuals and businesses.

  1. Sep 8

    Presumption of Innocence - Episode 93

    Episode 93 Due Process for Me, but Not for Thee: America's Selective Approach to Fairness Hosted by Matt Adams “People really do care about fairness and due process a lot. But … it hits people the most when it's happening to them … if you're the one who got a traffic ticket for no reason … you get really upset and you're like … "There’s gotta be some way to challenge this. I gotta have a day in court” … But … when it's someone else, [it’s easy] to say, "That person got arrested for that? Like, why do we even have a trial? Like, that person just needs to be put away."Americans have a complex relationship with due process. It's something they believe in strongly but apply selectively. That’s according to Professor Brandon Garrett, the David Eichel Distinguished Professor of Law and Director of the Wilson Center for Science and Justice at Duke University School of Law. A nationally recognized scholar of criminal justice outcomes, evidence and constitutional rights, Professor Garrett joins host Matt Adams to discuss his most recent book, Defending Due Process: Why Fairness Matters in a Polarized World. Professor Garrett has built a career using empirical research to expose how criminal proceedings can go awry — from wrongful convictions and flawed forensic science to the emerging risks of AI-driven government decision-making. His latest book is a data-focused examination of a pattern his research has uncovered over and over again: Americans care deeply about due process when their own rights are at stake yet are willing to bypass those protections for anyone they've decided doesn't deserve them. Drawing on his work with DNA exonerations, forensic reliability, bail reform and corporate accountability, Professor Garrett asserts that due process doesn't slow justice down. It makes justice accurate. This episode is essential listening for criminal defense attorneys, prosecutors, forensic science practitioners, compliance professionals and anyone who believes the process matters as much as the outcome. 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.

    Presumption of Innocence - Episode 93
  2. Aug 26

    Presumption of Innocence - Episode 92

    Episode 92 Presumption of Innocence - Episode 92 Hosted by Matt Adams and John C. Coffee Jr. “Government agencies say on balance this is right, but they don't tell you what they're balancing and who it affects. We're going to try to tell you what should've been balanced, what wasn't balanced, and what the outcome looks like.” For 50 years, he's studied the people who watch the markets. Now that the watchers have stopped showing their work, he's assembled the nation's top securities scholars to do it for them as the Shadow SEC. On this episode, host Matt Adams sits down with Columbia Law Professor John C. Coffee Jr. to discuss the work of the Shadow SEC, a self-funded, no-industry-money coalition monitoring the Securities and Exchange Commission in real time. The conversation sheds light on what's actually happening inside the SEC: the elimination of 50 years of quarterly reporting requirements, a disclosure threshold shift that drops 85% of public issuers from the highest reporting tier, a proposed wholesale repeal of a decade's worth of climate change rules and a looming push to let companies force shareholders into private arbitration instead of securities class actions. This deregulatory blitz isn't happening in a vacuum. Matt and Professor Coffee examine the larger crisis underneath it, which is the subject of his book, Corporate Crime and Punishment: The Crisis of Underenforcement. Professor Coffee discusses why enforcement resources have been redirected away from white-collar crime and why billion-dollar corporate penalties still don't deter. He also shares his provocative proposal to penalize corporations in their own stock so the hit lands on shareholders instead of wiping out workers and entire communities. This episode is essential listening for anyone who touches the securities markets: defense attorneys, prosecutors, compliance officers, in-house counsel and investors alike. 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.

  3. Aug 11

    Presumption of Innocence - Episode 91

    Episode 91 Broadview Six Scandal, Part 2: Covering the Collapse Hosted by Matt Adams “In my experience, it's unusual in Chicago to see the US Attorney step up to a judge. I've seen it happen a few times … but it doesn't happen very often. I think this was the first time I had seen Andrew Boutros step up before a judge. And he began to explain how none of his prosecutors meant to mislead the judge, right? That was one of our first hints.” When a federal prosecution unravels in open court, it takes an experienced courthouse reporter to recognize what's happening and explain why it matters. Host Matt Adams sits down with Jon Seidel, a veteran federal courts reporter for the Chicago Sun-Times who has covered Chicago's federal courthouse for more than a decade, including the trials of former Illinois House Speaker Michael Madigan and former Chicago Alderman Edward Burke. This episode picks up where Part 1 left off, moving from inside the courtroom to the press gallery. Jon recounts the extraordinary day he watched U.S. Attorney Andrew Boutros personally acknowledge vouching and other prosecutorial misconduct in the Broadview Six case before a federal judge, only to then continue defending the case even as he dismissed the charges with prejudice. He describes the Sun-Times' legal fight to unseal the proceedings, the moment the full scope of grand jury misconduct came to light, and what the fallout has meant for the broader credibility of the U.S. Attorney's office in Chicago. The conversation includes a candid discussion of journalism as an accountability mechanism, including why dedicated beat reporting matters, how reporters guard against becoming a vehicle for either side's narrative, and what comes next as Judge Perry weighs sanctions. Revisit Part 1 of our series, when Matt speaks with former prosecutors Nancy DePodesta and Chris Parente, defense attorneys who represented two of the Broadway Six. 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.

    Presumption of Innocence - Episode 91
  4. Aug 4

    Presumption of Innocence - Episode 90

    Episode 90 Broadview Six Scandal, Part I: Inside the Grand Jury Room Hosted by Matt Adams “This U.S. attorney, within four hours of dismissing this indictment and hearing from a federal judge how bad the conduct was by his prosecutors, sends an all-office email to all 100-plus young federal prosecutors calling the behavior of these line prosecutors courageous and strong ... You're sending the message to your team, 'Hey, go out there, bury stuff, commit wrongdoing. I've got your back. In fact, I'm going to praise you when it's done. I don't care what this federal judge tells me.'"What happens when the very safeguards built into our justice system are tested from within? Can the institution entrusted to uphold them be trusted to hold itself accountable? Host Matt Adams sits down with defense attorneys Nancy DePodesta and Chris Parente, both former federal prosecutors who represented two of the “Broadview Six” defendants indicted by a grand jury following a protest outside the Broadview Processing Center, a federal immigration processing facility located in a suburb of Chicago This episode pulls back the curtain on what actually happened inside that grand jury room — including a prosecutor accused of improper contact with jurors outside the proceedings and redacted transcripts that a federal judge had to fight to see in full. It builds toward a dramatic turn: the U.S. Attorney personally appearing in court to dismiss all remaining charges with prejudice. Nancy and Chris share how they first sensed something was wrong, the extraordinary lengths it took to get the full transcripts released, and what accountability could look like going forward, including a pending motion for an independent prosecutor. The conversation closes with hard-won lessons for defense lawyers, prosecutors, and judges navigating high-profile, emotionally charged cases. Look for Part Two of this podcast episode, featuring a Chicago Sun-Times reporter who covered the Broadview Six case, coming soon. 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.

    Presumption of Innocence - Episode 90
  5. Jul 21

    Presumption of Innocence - Episode 89

    Episode 89 Diary of a Healthcare Fraud Investigator: Inside the FBI's War on Fraud Hosted by Matt Adams “One of the things that surprised me about that case is when we would approach some of these doctors and say … ‘Why, why'd you do it? You know, so you're getting $100 a patient for each patient's blood that you were referring to this lab’…. Their answers were, ‘It was easy, and, and I didn't think anybody was looking, and I don't think anybody would notice.’"Over the course of 26 years and five presidential administrations, she handled cases worth hundreds of millions of dollars and formed the DOJ’s top healthcare fraud unit. In this episode, host Matt Adams sits down with Laurie Allen, a former FBI Supervisory Special Agent, corporate lawyer and Air Force veteran with a degree in math. Now a principal at Withum, Laurie reveals how her unconventional background shaped a methodical, step-by-step investigative style that has defined her career. The conversation goes behind the headlines: from a kickback scheme involving over 50 healthcare providers and $100 million in restitution, to an "evil genius" stock-hacking scheme and the cell-structured "Operation Brace Yourself" telemarketing fraud that kept conspirators insulated from one another. Laurie also breaks down how modern investigations actually originate — qui tam whistleblower suits, tips from scorned exes, and increasingly, AI-driven data analytics — and why data alone will never replace a human "storyteller" willing to talk to agents. Whether you're a healthcare executive, compliance officer or defense attorney, this episode offers rare insider perspectives from both sides of the federal enforcement equation. 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.

    Presumption of Innocence - Episode 89
  6. Jul 7

    Presumption of Innocence - Episode 88

    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've never had a single prosecutor in any setting identify any lever that is lawfully available to them to exert leverage to get a plea that they wouldn't apply, and … that horrifies me.” The Bill of Rights devotes more space to jury trials than any other topic. Yet today, over 90% of criminal convictions are obtained through plea bargains. How did we get here? In this provocative episode, host Matt Adams sits down with Clark Neily, Senior Vice President for Legal Studies at the Cato Institute, who calls America’s criminal justice system a “raging dumpster fire of injustice” driven by prosecutors who prioritize efficiency over justice. Matt and Clark explore how trial penalty, charge stacking, mandatory minimums, pretrial detention and even threats against family members are used as tools to pressure defendants — including innocent defendants — into pleading guilty. Clark traces the historical rise of mass plea bargaining and discusses bold reforms like plea integrity units and trial lotteries that could help restore the Constitution’s promise of trial by jury. From real-world courtroom stories of prosecutorial overreach to shocking historical parallels with medieval torture, this episode is a bracing look at how America’s criminal justice system became dominated by coercive plea 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.

    Presumption of Innocence - Episode 88

About

Fox Rothschild LLP is a national law firm with over 1000 attorneys coast to coast. Our lawyers provide a full range of legal services to public and private companies – from family-run businesses to multinational corporations. We also represent charitable, medical and educational institutions both in the United States and in more than 50 countries worldwide. In our podcasts, the attorneys of Fox share their insight and knowledge on some of today’s most pertinent legal issues impacting individuals and businesses.