Legal Listening: The Fox Rothschild Llp Podcast

Special Edition: Episode 36 Rolling Change: The DEA Turns Over a New Leaf on Marijuana Scheduling The U.S. Drug Enforcement Agency (DEA) triggered high hopes when it recently announced it wants to accept the U.S. Department Health and Human Services’s recommendation to reschedule marijuana from Schedule I to Schedule III. Josh Horn, Co-Chair and founder of our Cannabis Law Practice, joins host Matt Adams to explore this trailblazing announcement by the DEA. Their discussion digs into the business and banking ramifications for cannabis companies of the potential rescheduling. They also explore social justice issues for people formerly incarcerated for nonviolent crimes related to the possession and use of the marijuana. And they examine the parallels to Prohibition as well as consider the benefits rescheduling could have for medical research and municipal revenue generation.

How can a chief operating officer be most impactful at a registered investment advisor firm? In this episode, host Matt Baum chats with Matt Sonnen, COO of Coldstream Wealth Management. They discuss what it means to be a COO in an RIA firm, building trust with leadership and crafting both the right company culture and streamlined operational processes for long-term success.

Episode 35 A Double-Edged Sword? The DOJ Confronts AI Like all new technologies, AI isn’t naturally good or bad. But it can be used by people motivated to do terrible – and possibly criminal – things. That’s the view of Mark McCreary, our Chief Artificial Intelligence & Information Security Officer. He joins series host Matt Adams to discuss AI in light of DOJ Deputy Attorney General Lisa Monaco’s public statements this year surrounding the emerging technology. Mark offers his perspective on the future of machine cognition, including whether it’s possible to recognize potential criminal activities aided by AI. The pair also explores legal and ethical perspectives of using generative AI in the workplace. You’ll hear valuable recommendations on how to incorporate this new technology into your business while establishing guardrails and policies to keep proprietary and personal data secure. If you’re using or considering using Gen AI in your workplace, this episode is for you.

Episode 34 A Conversation With Jesse Eisinger, Author of 'The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives' In a single decade, the prosecutions of those accused of white-collar crime underwent a radical transformation. This thought-provoking episode will take you back in time to explore the DOJ approach in the early 2000s Enron era and walk you forward into the Great Recession and the collapse of the financial markets. Jesse Eisinger, a Pulitzer Prize-winning journalist, joins host Matt Adams to discuss his book, "The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives." The pair discusses how the pendulum swung drastically from a time of nightly executive perp walks on the evening news, to today, where settlements reign supreme and accountability for inflicting widespread economic harm via white-collar crimes is absent. You’ll discover the historical context for the Department of Justice's current Principles of Corporate Prosecution and find out how

Episode 33 Framing the Narrative: Journalism's Influence on the Presumption of Innocence In this insightful episode, Pulitzer-nominated journalist Mark Di Ionno talks candidly about how the media can affect the court of public opinion for defendants facing criminal accusations. Throughout Mark’s 40+ years of reporting, he has maintained and demonstrated empathy for the people who are at the heart of any story he’s written. He and host Matt Adams explore how changes in journalism, including the way reporters approach a story and the impact left by a digital footprint, may have eroded the presumption of innocence to which every defendant is entitled. This episode also offers insight into how defense attorneys can flex the media narrative to benefit and protect their clients.

Living with a manipulative parent who exercises coercive control can be a silent struggle for children. Dr. Christine Cocchiola, DSW, LCSW, a clinician and social work professor, joins Sandra Fava to highlight the profound consequences of parent-on-parent abusive relationships on a family. They detail the often unexpected and counterintuitive responses that can manifest for children as coping mechanisms when a parent is abusive. They also discuss the best ways to support a child who is experiencing this in their family life. With laws already changing in some states, Christine and Sandra speculate on how the court and legal systems could better respond to families and individuals victimized by coercive control abuse.

Episode 32 Celebrating Women’s History Month With WWCDA’s Global Chair and Co-Founder The Women’s White Collar Defense Association is an integral force in the world of white-collar law. It personifies the theme of this year’s Women’s History Month: “Women Who Advocate for Equity, Diversity and Inclusion.” Global chair and co-founder of WWCDA, Karen Popp, and Marissa Koblitz Kingman, our partner and a leader in WWCDA’s New Jersey chapter, join host Matt Adams in this special episode in recognition of Women’s History Month. The trio examines the major strides made by WWCDA since its founding in 1999 and highlights its impact today on the practice of white-collar criminal defense law for both men and women. Marissa also shares how her involvement and leadership in WWCDA have benefited her career and practice.

Reshaping Your Legacy: Estate Planning After Your Divorce If something happens to you, would you want your ex or soon-to-be-ex to have the right to make decisions on your behalf? If your answer is no, then stop everything you’re doing and listen to this episode. Melissa Terranova of our Taxation & Wealth Planning Practice joins host Sandra Fava to dig into the estate planning considerations that arise during the divorce process. They discuss the documents that are critical to review and update — or create — as you close one chapter and begin a new one, including health care directives, powers of attorney, wills, beneficiary designations and more.

Episode 31 An Introspective Look at Bridgegate: Bill Baroni’s Journey 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. In this candid conversation with host Matt Adams, Bill reflects on his journey as a target of a federal government investigation. This intriguing episode sheds new light into one of New Jersey’s biggest political scandals. Bill offers an inside look at his personal experiences as the criminal investigation and charges unfolded, including the intense pressure to plead guilty. Bill also shares how the experience shaped his current professional life. Hear how his insights impact Matt in real time, changing how he’ll now advise his clients who are under investigation.

Parallel Proceedings: The Intersection of Criminal Law and Family Law Allegations of domestic violence can complicate an already complex family law matter. It’s important to understand how criminal proceedings involving accusations of violence can impact your civil case. Marissa Koblitz Kingman of our White-Collar Criminal Defense & Regulatory Compliance Practice joins host Sandra Fava to provide clarity on how family law civil cases can intertwine with criminal prosecutions. Their discussion details what behavior qualifies as abuse in New Jersey and help listeners make informed decisions about who they want – and need – on their legal team.

Episode 30 Why They Do It: Inside the Mind of a White Collar Criminal – A Discussion With Author Eugene Soltes What drives an individual to commit white-collar crimes? Eugene Soltes, professor of business administration at Harvard Business School and author of Why They Do It: Inside the Mind of a White Collar Criminal, joins host Matt Adams to dig into this topic from a social science and historical perspective. The episode takes a look at how white-collar crime has been perceived over the last century in the United States – from an inherent element of capitalism to today’s highly regulated environment. Eugene and Matt also discuss why individuals become involved in such schemes and what role technology plays in giving the illusion that it’s a victimless crime. You’ll learn more about Eugene’s research for his book as well as his latest studies into how businesses can use data analytics to detect, prevent and respond to reputational and regulatory threats.

Episode 29 A Global Perspective on the Economic Responses to COVID-19 While COVID-19 stimulus aid enforcement continues to make headlines in the United States, a very different situation is unfolding in Europe. Jim Power, a prominent economic analyst, joins host Matt Adams for an eye-opening episode into the different fiscal responses to the pandemic by the United States and Europe. Jim takes listeners through a journey of global financial crises over the past 100 years. He and Matt then explore why the U.S. and Europe are experiencing contrary fallouts from COVID-19 policies and predict how global politics could impact future economic responses.

Splitting Costs: Forensic Accounting in Divorce Your attorney is your advocate. A forensic accountant is your financial fact-finder. In this episode, Sandra Fava and guest Megan Sartor (Partner, SAX), a forensic accountant, explore the symbiotic relationship between lawyers and accountants in divorce proceedings, including the pros and cons of using a joint forensic expert versus separate experts and the value of clear communication among all parties. As you look to disentangle finances, make sure you know the right questions to ask and what to expect of your attorney and experts involved in your case.

Third-Party Risk Management and Legal Perspective Assessing generative AI risks now – especially those involving third parties – can protect businesses from compliance problems down the road. Juliana Neelbauer, a member of our Artificial Intelligence Practice, is joined by cybersecurity consultant Matt Mettenheimer (Associate Director, S-RM) for this practical conversation. Together, their shared points of view provide a detailed look at what business should consider when using generative AI and related cyber risks when working with third-party vendors.

Episode 28 Under the Microscope: Examining the Future of the ERC The House Ways and Means Committee recently advanced a bill that gives businesses a proposed deadline of January 31, 2024 to file Employee Retention Credit (ERC) claims. This comes on the heels of recent announcements by the IRS whereby employers can withdraw their ERC claims or participate in a specialized ERC Voluntary Disclosure Program (VDP). Host Matt Adams is joined by Withum’s Dan Mayo for a deep dive into the latest on how the federal government is handling alleged ERC fraud and what the future may hold for the ERC should Congress pass the Tax Relief for American Families and Workers Act of 2024. This episode is a must-listen for anyone who has claimed – or is considering claiming – the ERC.

Episode Three - Understanding the Role of Parent Coordinators Not a judge. Not a lawyer. Not a therapist. Host Sandra Fava and her guest, Eric Solotoff, Co-Chair of Fox Rothschild’s Family Law Department, explore the role of parent coordinators in New Jersey family law disputes. Despite a shaky and questionable history, the role has received greater clarity after the state debuted a new Parenting Coordinator Program last fall. Sandra and Eric, who set precedent in New Jersey family court on this subject, explore the past and anticipated future of parent coordinators and convey the pros and cons of the role, which seeks to resolve day-to-day parental disputes without court intervention.

Episode Two - Mortgage Mastery: Charting a Financial Course Post-Divorce Make informed financial decisions on the home front as you weather a separation or divorce. Host Sandra Fava and her guests, Cathy Maloney and Dina Parla of Guaranteed Rate Affinity, share practical tips on managing mortgages during this challenging time. They provide clarity on using alimony or child support for mortgage payments, managing credit scores and so much more. Tune in and empower yourself with the knowledge to navigate the twists and turns of home finances during divorce or separation.

Episode One: The Truth Behind Coercive Control Guided by a tragic story that rocked the Tri-State area last summer, Sandra Fava’s podcast returns with a look at the twin poisons of parental alienation and coercive control.  Joined by Amy Polacko, a journalist and divorce coach, the episode dispels myths surrounding the two terms and explores how Hollywood stories shed additional light on these issues and situations. With an inside look at coercive relationships and tips on protecting yourself, this is an episode you won’t want to miss.

Media reporting on the ESG "backlash" has grown as lawmakers in some states pursue legislation to prevent government entities from doing business with investment firms and other businesses that consider environmental, social and governance factors in investing. Even the U.S. Congress has gotten involved by opposing a U.S. Department of Labor rule that allowed pension plans to consider ESG factors in their investment process. Has ESG became too hot to handle or is the backlash just hype? Host David Colvin is joined in this episode by ESG Practice Co-Chair Karen Davis to discuss the practical effects and true extent of the backlash, as well the strategies companies are employing to remain above the fray. Karen and David also discuss upcoming initiatives by the U.S. Securities and Exchange Commission and European regulators that will only increase businesses' need to monitor, analyze and report on their environmental, social and governmental impact in the future.

Get excited for Climate Week NYC with Rich Deming, CEO of East Energy Renewables, and episode host Karen Davis, Co-Chair of Fox Rothschild’s ESG Group. Listen to a sneak peek of the topics to be discussed in the Fox Rothschild hybrid event, The Need for Speed: Expediting Clean Energy Deployment with AI. Rich also offers an inside look at how the Inflation Reduction Act revolutionized his company – and the community – for the better through tax incentives and work programs.