Episode 22

Labor Law Lineup Ep22 -  Where Tax Meets the Workplace, What HR Needs to Know

Hosted 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 88

Bargained Away: Inside America's Plea Machine

Hosted by Matt Adams

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 21

Labor Law Lineup Ep21 -  The Power of Appellate and Amicus Briefs in NLRA Practice

Hosted 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 87

Public Defense Reimagined: A New Jersey Blueprint

Hosted by Matt Adams

In this episode of The Presumption of Innocence, host Matt Adams sits down with Jennifer Sellitti, who leads New Jersey’s Office of the Public Defender, to discuss her office’s holistic defense pilot in Atlantic, Hudson and Monmouth Counties.

The program pairs attorneys with client service specialists, many who have firsthand experience with the justice system, to connect clients with a range of services that address the broader needs driving criminal justice involvement.

The pilot has shown promising results for participants: a 98% arrest-free rate among a parole-related subset, prison sentences that are 65% shorter than the national average, and an average reduction of 2.2 years in state prison exposure.

At an estimated $75,000 per year to incarcerate one person in state prison, Sellitti explains the program could generate substantial taxpayer savings while helping clients rebuild their lives. Legislation is pending to expand the program across New Jersey.

Sellitti also discusses the core role of public defenders in protecting constitutional rights, including her office’s recent representation of protesters arrested outside Newark’s Delaney Hall ICE detention facility.

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 20

Labor Law Lineup Ep20 - The Grievance Game Plan

Hosted by Mark G. Eskenazi and Katie Cohodes.

HR leaders should understand their collective bargaining agreement grievance procedure. We walk through how the process can work.

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 86

Weaponization of DOJ Isn't New: The Untold Story of Stephen Keller

Hosted by Matt Adams and Stephen Keller

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 19

Labor Law Lineup Ep19 - Honey Over Vinegar: Making Collaborative Labor Relations Work

Hosted by Mark G. Eskenazi and Katherine Cohodes.

Collaborative labor relations can transform how organizations operate.

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 85

The Presumption of Innocence - Episode 85

Inside the Interrogation Room: A Psychologist's Mission to End False Juvenile Confessions

An innocent person would never confess to a crime they didn't commit, right?

That's what most people believe. But the science tells a very different story.

In this compelling episode of “The Presumption of Innocence,” host Matt Adams talks with Dr. Hayley Cleary, a Virginia Commonwealth University professor who is an expert on police interviews and the interrogation of youth.

Their conversation unpacks the psychology of how an interrogation room can turn into a false-confession risk zone — especially for juveniles and adolescents who are generally socialized from a young age to comply with requests from authority figures in virtually every facet of their lives.

This episode takes you inside the interrogation room, exploring how police tactics can distort a suspect's choices, particularly for vulnerable juveniles. Dr. Cleary also discusses the potential impact of reforms, such as recorded interrogations and science-based police questioning, and how new virtual-reality research is providing insight into the experience of being interrogated from the subject’s perspective.

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 18

Labor Law Lineup Ep18 - Credibility Matters

Hosted by Mark G. Eskenazi and Katherine Cohodes.

Witness credibility is critical in an NLRB case or arbitration.

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

The Presumption of Innocence - Episode 84

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.