Legal Listening: The Fox Rothschild LLP Podcast

The Presumption of Innocence - Episode 75

Episode 75 Who’s in Charge? Navigating Uncertainty in New Jersey’s U.S. Attorney’s Office The prolonged legal fight over Alina Habba's status as New Jersey’s top federal prosecutor has thrown court proceedings throughout the Garden State into turmoil. Even with the recent Third Circuit Court of Appeals decision and Habba’s alleged resignation, the future remains uncertain, according to James Pearce, Senior Counsel at the Washington Litigation Group, who was involved in the litigation challenging Habba’s appointment. James joins host Matt Adams to delve into the thorny legal issues that began with Habba’s spring 2025 appointment and culminated in the ruling earlier this month by the  Middle District of Pennsylvania that she was unlawfully serving in the role. James and Matt explain why her position was challenged, where the case stands now and what is currently happening to cases in the state’s federal court. Matt and James also explore the broader implications of this case for the Justice Department and how it’s impacting similar pending litigation in other jurisdictions.

The Presumption of Innocence - Episode 74

Episode 74 Shattered Scales: Structural Harm in the Criminal Justice System Is the American criminal justice system designed to find truth and justice? Or is it an apparatus created to secure convictions as efficiently as possible and penalize poverty? Peer behind the courthouse door with former public defender Emily Galvin Almanza as she joins host Matt Adams to discuss her book, The Price of Mercy: Unfair Trials, a Violent System, and a Public Defender's Search for Justice in America. A Co-Founder and Executive Director of the nonprofit Partners for Justice, Emily dissects the harmful, everyday bureaucratic practices that play a central role in a criminal justice system focused on the expediency of punishment. Emily and Matt share their personal experiences and first impressions of the criminal justice system early in their career. They also dig into practical solutions that can remediate some of the core causes of crime in communities throughout the country.

The Presumption of Innocence - Episode 73

Episode 73 The Fraud Whisperer: A Journey From Hedge Fund Hustler to Corporate Risk Adviser Determined to reshape his future once he was released from FCI Otisville, convicted white-collar criminal Mark Varacchi immersed himself in uncovering statistics on white-collar fraud to lay the groundwork for his post-prison life. The former hedge fund C-suite executive, who now runs Federal Prison Consultancy, interviewed countless fellow inmates while at Otisville who were also convicted of fraud, seeking to identify and uncover patterns in how they were able to perpetrate the fraud for which they were convicted. Today, he’s armed with a new kind of knowledge that helps companies prevent and uncover fraud. Mark joins host Matt Adams in this fascinating episode that explores how his career spiraled downward as he mismanaged millions, including the immense anxiety he carried each day of potentially being called out for his actions. They also discuss how and why Mark used his prison time strategically to gain insights on how other white-collar criminals skated through financial systems to commit fraud. That insight fuels Mark’s newfound career in helping businesses understand and apply his findings.

The Presumption of Innocence - Episode 72

Episode 72 Beyond the Headlines: Unpacking a Pivotal Case on Privilege Protections A federal court ruling issued in a case involving an alleged bribery scandal shook the legal world when it appeared to limit attorney-client privilege and the work product doctrine. The case grabbed the attention of Bloomberg Law reporter Roy Strom, who followed the matter through its reversal by an appeals court. He joins host Matt Adams to explore this case from their respective positions: a journalist and a lawyer. Roy offers his insight into the value of amicus briefs, especially when he sees law firms banding together to argue for the sanctity of attorney-client privilege. The two also discuss the evolving landscape of white-collar defense law, and Roy offers advice on how lawyers can most effectively interact with journalists.

The Presumption of Innocence - Episode 71

Episode 71 Necessary Narratives: Storytelling That Moves Lives Forward Harnessing his personal experience as an incarcerated individual and his writing talents as a storyteller, Brad Rouse is focused on helping defendants accelerate their path to redemption and healing. A former on- and off-Broadway director who spent time in Brooklyn’s Metropolitan Detention Center (MDC) on a federal drug charge, Brad is currently a Senior Writer and Mitigation Consultant for WhiteCollarAdvice.com, a business that helps white-collar defendants through all stages of the judicial process. Brad shares with host Matt Adams how his life unraveled in a 14-month span, taking him from New York’s theater district into a drug addiction that landed him in the MDC. Today, he’s crafting written narratives for defendants to present to judges at their sentencing hearings. Brad approaches each storytelling exercise as a holistic form of healing for his clients. Through a series of conversations with each defendant, he works to convey to judges a contextual understanding of the person they are about to sentence, showing each as more than the crime to which they have pleaded guilty.