Legal Listening: The Fox Rothschild LLP Podcast

Episode 93Due Process for Me, but Not for Thee: America's Selective Approach to FairnessHosted 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.

Episode 91Broadview Six Scandal, Part 2: Covering the CollapseHosted 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.

Episode 90Broadview Six Scandal, Part I: Inside the Grand Jury RoomHosted 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 ChicagoThis 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.

Episode 89Diary of a Healthcare Fraud Investigator: Inside the FBI's War on FraudHosted 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.

Episode 22Labor Law Lineup Ep22 -  Where Tax Meets the Workplace, What HR Needs to KnowHosted by Mark G. Eskenazi, Doug Charnas and Meeren Amin.This podcast explores the intersection of tax law and labor law, covering topics like independent contractor classification, new tax deductions for tips and overtime, IRS enforcement on employment taxes, and the Employee Retention Credit — with a focus on what HR professionals and employers need to know to stay compliant. 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 88Bargained Away: Inside America's Plea MachineHosted 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.

Episode 21Labor Law Lineup Ep21 -  The Power of Appellate and Amicus Briefs in NLRA PracticeHosted 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 for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

Episode 86Weaponization of DOJ Isn't New: The Untold Story of Stephen KellerHosted 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 process from that meeting on for me."Weaponization of the criminal justice system was happening long before it had a name.That's what Stephen Keller posits in his book, Pay to Play: Political Corruption, Corporate Greed, and the Cost of the American Dream.In the late 1990s, Stephen was living every entrepreneur's dream. In his late twenties, he entered the viatical settlement market and went on to essentially create the life settlement industry, which today moves $30 billion annually.But as Stephen's company became the largest player — and disruptor — in the sector, he found himself walking around with a target on his back. A specific, well-resourced insurance company, threatened by his business model, allegedly orchestrated a coordinated effort with federal authorities to bring him down.In this powerful episode of "The Presumption of Innocence," host Matt Adams sits down with Stephen to discuss the alleged takedown, the pay-to-play political system he encountered while seeking relief, the life-altering moment when the U.S. Attorney General inexplicably arrived at his federal trial to meet privately with the judge, and his ceaseless attempts to clear his name during the nine years he spent in prison.This is an episode you won't want to miss.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 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.

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.