Cybersecurity Insurance: Coverage Challenges and Changes

In the second part of their conversation, Ralph Pasquariello, a Senior Partner and cyber liability specialist at The Tech Collective, joins host Juliana Neelbauer to discuss the various reasons for the rapid changes in cyber insurance coverages.

They explore the AI elements that are incorporated into social engineering, the importance of two-factor authentication and more. Ralph also details his newly launched initiative that is helping executive teams in 12 states effectively evaluate cyber insurance policies.

Episode 52

Engineered for Injustice: How Coerced Pleas Trap the Innocent

Rodney Roberts was given a total of 25 minutes to make a life-altering decision.

In custody, isolated from family and advised by a public defender to plead guilty to lesser charges in a crime he did not commit, Rodney succumbed to fear and pressure, and agreed to the terms.

In this wrenching episode, Rodney joins host Matt Adams and defense attorney Tim Gumkowski of the Innocence Project to share his personal story of coercion into a guilty plea and the years of his life he lost as a result, trapped in a system that refused to acknowledge its mistake.

Now a reentry coach with the Innocence Project, Rodney was ultimately exonerated after serving 18 years — including 10 years civilly committed in a facility after the attorney general filed a petition citing delusion and psychosis in response to Rodney’s repeated assertions of innocence.

You’ll hear Rodney explain his emotional turmoil as he was coerced into the guilty plea and how his experience drives his work today with the Innocence Project.

Matt and Tim also dig into the structural flaws of the criminal justice system that fuel this fire of coerced plea agreements and explore whether ways exist to extinguish them.

The advisory industry has been trending towards high valuations. Are those likely to stick around?

Jeff Nash, CEO and Co-Founder of Bridgemark Strategies, answers that and more during this conversation, the first in a two-part series with host Matt Baum.

Jeff shares an in-depth look at the factors that go into valuing an advisory practice, how EBITDA plays into the equation, and why private equity is so interested in the advisory space. Jeff also breaks down the components that go into his PRICE acronym, which he uses to provide clarity around the components that drive the price of a deal.

This episode is a must-listen for any advisor considering making a move in the industry, be it selling, merging or retiring.

Episode 51

A Higher Duty of Care: Representing Clients Living With Mental Illness

The defense of clients experiencing mental health issues is one of the most challenging and nuanced aspects of criminal law.

An estimated one-third to one-half of incarcerated individuals live with some form of mental illness and often find themselves at the mercy of a criminal justice system that offers little relief or recourse.

Elizabeth Kelley, a New York City criminal defense lawyer, joins host Matt Adams to explain how attorneys can best advocate for and represent clients who experience mental illness.

Elizabeth, who is also the editor of the ABA-published book Representing People With Mental Disabilities: A Practical Guide for Criminal Defense Lawyers, explores the hurdles that criminal defense attorneys can encounter as they strive to secure optimal outcomes for their clients.

In a compassionate conversation based on their personal experiences representing clients who experience mental illness, Elizabeth and Matt discuss the afflictions most prevalent among those traversing the criminal justice system, including juveniles and veterans. They also detail the critical role played by a forensic mental health expert, who is best equipped to assess a defendant’s competency and sanity according to their legal definitions.

Cybersecurity Insurance: The New Frontier of Risk Management

Is your cyber insurance policy sufficient to protect your company?

As criminals leverage AI and other emerging technologies to exploit vulnerabilities in cybersecurity defenses, it’s critical to assess your company’s capacity to withstand a breach.

Ralph Pasquariello, a Senior Partner and Cyber Liability Specialist at The Tech Collective with more than 15 years of experience in the field, joins host Juliana Neelbauer for the first half of a two-part discussion about cyber liability insurance.

In this thought-provoking episode, Ralph and Juliana discuss the recent history of cyber liability insurance. They also explore how a seemingly simple security compromise can cause months of unsustainable damage for underinsured companies.

Episode 50

Hidden in Plain Sight: How Kleptocrats Exploit U.S. Financial Systems

The shadowy finances that fueled the 9/11 terrorist attacks cut a somber scar into America.

Despite the anti-money laundering initiatives woven in the Patriot Act, that wound continues to fester, according to Casey Michel, who suggests U.S. federal and state systems make America a cooperative collaborator in the money laundering schemes of kleptocrats.

Casey, author of American Kleptocracy: How the U.S. Created the World's Greatest Money Laundering Scheme in History and Director of the Combating American Kleptocracy Program at the Human Rights Foundation, joins host Matt Adams for the show’s landmark 50th episode.

Matt and Casey start their discussion focused on how corrupt foreign leaders launder the wealth expropriated from their home countries in the traditional offshore outlets. They then explain how those kleptocrats have legally infiltrated America — from small towns in the Midwest to oceanfront urban metropolises — with shell companies promising revitalization and development but often leaving dilapidated buildings and distressed communities instead.

What legal and legislative measures are required to challenge these actions? Matt and Casey explore all that and more in this insightful episode

Episode 49

Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge Margaret Foti

The Honorable Margaret Foti, formerly the Presiding Judge of the Criminal Division of the Superior Court of New Jersey, Bergen County, joins host Matt Adams to examine the state’s criminal trial process from the view of the bench.

From arrest to sentencing, the two discuss a wide range of topics in New Jersey criminal proceedings, including bail reform, Early Disposition Court and the role of a defendant’s remorse in a judge’s ruling.

You’ll glean important insight from the bench on jury selection and sentencing determinations.

Plus, Judge Foti shares a story of when Matt appeared in her courtroom and how the ruling in that case impacted the defense bar.

Episode 48

Digital Boundaries: Fourth Amendment Protections in a Connected World

Modern technology is testing the limits of the Fourth Amendment and redefining the parameters of privacy.

Michael Price, Litigation Director of the Fourth Amendment Center at the National Association of Criminal Defense Lawyers, joins host Matt Adams to dive into some of the most pressing issues at the intersection of criminal law and technology: geofencing, reverse warrants, facial recognition and forensic genealogy.

Will case law catch up with technology? Michael and Matt search for answers in this compelling episode.

Episode 47

Fireside Chat With Bill Baroni and Jesse Eisinger

Recorded at our 2024 White-Collar Symposium held in Philadelphia last month, this special episode dives into the landscape of white-collar criminal prosecution from the perspectives of Bill Baroni and Jesse Eisinger.

Both former podcast guests, Bill and Jesse provide Matt Adams with insight into their personal experiences with the presumption of innocence. They also share their views on how politics does — and does not — influence cases pursued by the Department of Justice.

Bill is the former deputy executive director of the Port Authority of New York and New Jersey who was indicted and served prison time in connection with the infamous Bridgegate scandal before his conviction was unanimously overturned by the U.S. Supreme Court. Jesse, a Pulitzer Prize-winning journalist, is the author of The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives, which explores the DOJ’s prosecutorial approach from the early 2000s Enron era into the Great Recession and the collapse of the financial markets.

In March 2021, the Securities and Exchange Commission announced with great fanfare the creation of its Climate and ESG Task Force to proactively identify ESG-related misconduct. Three years later, the SEC quietly shuttered it. Why?

Hosts David Colvin and Karen Davis consider the reasons the agency may have elected to disband its task force and how it may approach ESG enforcement in the future. The pair also explore the legal challenges to the proposed Climate Risk Disclosure Rules.