Foxcast Legal Listening

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 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

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 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.

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 for informational purposes only, is not legal advice, and does not create an attorney-client relationship.