Business/Disrupted

In this episode, we look at the challenges of progressive criminal justice reform from the standpoint of the prosecutor, by looking at how the District Attorney's office functions. The ideals of criminal justice reform are sound, but there are deficiencies in their execution. If people don't feel like their safety has improved and they don't feel good about their environment, what does that mean for the progressive D.A. movement's impact on the community? To make some sense of this, take a glimpse at how a District Attorney's office works. And, to do that, we talk with former Philadelphia District Attorney and former federally incarcerated citizen R. Seth Williams.

If we think about arbitration at all, we think of it in terms of a dispute resolution mechanism written into large, complex contracts. We don't think of ordering a pizza online, streaming a movie, or using our cellphone. We probably don't expect it to involve our workplace. Yet, here we are, with everyone likely subject to at least one binding arbitration agreement of which they're not even aware. Are there horror stories? You bet there are. We talk with two experts in the field to understand how we got to this place, and what it means now that we're here. What do our lives really look like now that we've unknowingly signed away one of our fundamental legal rights in exchange for some free food?

Guests:

Professor Tom Stipanowich, William Webster Chair in Dispute Resolution at the Pepperdine University School of Law

E. Drew Britcher - Senior Partner, Britcher Leone & Sergio LLP, New Jersey

Our story is one with a lot of facets: the massacre at Sandy Hook Elementary School; conspiracy theories bandied about for entertainment; the preternaturally unhinged and how they react to an equally unhinged media; the power of defamation lawsuits; the sheer absurdity of ignoring a court order to produce information and, finally; abusing the bankruptcy process. In other words, we're exploring the story of noted internet crackpot Alex Jones and the bankruptcy cases he filed for three of his companies in an attempt to get out from under the looming damages award he will ultimately owe to those who have successfully sued him and his companies for defamation.

Boy Scouts, Purdue Pharma, and now Johnson & Johnson - all are cases that are in bankruptcy because of thousands upon thousands of negligence cases; all are typical class actions; all are in bankruptcy against the wishes of the injured parties, and all are going to have to learn to adapt because they're all staying in bankruptcy. How did mass torts end up in the bankruptcy court instead of the class action courtroom? How can a company create a subsidiary and decide that the subsidiary will be responsible for all of the claims against the parent? And what's going on with Purdue Pharma and the Sackler family's efforts to buy peace from thousands of litigants? We talk with Ed Neiger of ASK, LLP, an attorney specializing in bankruptcy and torts litigation. He represents clients in several mass tort bankruptcy cases and will discuss this awkward collision of two legal systems designed to handle claims - but in very different ways.