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.

This is a message from your friends at Fox Rothschild. We want to let you know about a small update to how this podcast is delivered. Over the next few weeks, we’ll be transitioning away from SoundCloud and moving our podcasts to a new platform called Captivate. This will help us provide you with better audio delivery, more reliable publishing and expanded access across listening platforms like Apple Podcasts and Spotify. What does this mean for you? You can continue listening to this podcast on your preferred podcast app. Just search for the show on Apple Podcasts or Spotify. You may also find updated links on our website and social channels. If you’re currently following us on SoundCloud, we encourage you to subscribe to the show on your favorite podcast platform to ensure you never miss an episode. Thanks for listening and we appreciate your continued support.

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.