To the Extent That...
Podcast by ABA Business Law Section, covering topics related to business law, including legal developments, practice tips, and interviews with experts in the field.
Episodes
Bad Boys of Bankruptcy: S3E8: Gibsons, Fenders, and Fraud
In this episode of Bad Boys of Bankruptcy, host Judge Gunn talks with North Carolina attorney John C. Bircher, III, who served as a Chapter 7 trustee in the bankruptcy case of Gregory Sipe. Mr. Sipe filed a Chapter 7 bankruptcy case in the Eastern District of North Carolina in 2010, and listed on his schedules “several” collectible guitars that Mr. Sipe attested were worth a total of $50,000, but
Business Bankruptcy Basics: Episode 7: Section 363 Sales
Business Bankruptcy Basics: Episode 7: Section 363 Sales by ABA Business Law Section
Bad Boys of Bankruptcy: S3E7: The Compound, the Cult, and the Chapter 7 Sale
In this live-recorded episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn sits down in Boise, Idaho with longtime Chapter 7 trustee Ford Elsaesser to unpack one of the most unusual and high-profile cases of his career. The debtor, Richard Butler, was not just any Chapter 7 filer, he was the leader of the Aryan Nations, a white supremacist organization operating under the guise of a church. A
From Boardroom to Courtroom: Episode 8: Shadow Insider Trading
Sy Lorne, Senior Advisor and former Vice Chair and Chief Legal Officer at Millennium Management as well as a former General Counsel of the SEC, joins the show for a wide-ranging conversation on the evolution of securities enforcement from the inside out. The headline topic is shadow insider trading — the SEC's push to extend liability to trades in economically related securities, what Panuwat actu
VC Law: Episode 47: Startup Failures with Prof. Elizabeth Pollmam of Penn Law
Host Gary J. Ross welcomes Prof. Elizabeth Pollman of the University of Pennsylvania Carey Law School to discuss her influential article “Startup Failure.” Prof. Pollman first explains why bankruptcy is often a poor fit for venture-backed companies. Then, Gary and Prof. Pollman explore the alternatives that founders and boards frequently consider, from wind-downs and assignments for the benefit of
Business Bankruptcy Basics: Episode 6: What Sticks and What Doesn't: The Bankruptcy Discharge Explained
In this episode of Business Bankruptcy Basics, hosts Andrew Still and Miles Taylor are joined by Judge Cathleen Parker (Bankr. D. Wyo.) and dive into one of the most fundamental goals of the bankruptcy process: obtaining a discharge. The episode covers what a discharge is and the concept of the "fresh start," key differences between Chapter 7 and Chapter 11 discharges, the major exceptions to disc
VC Law: Episode 46: Growth Equity Investing with Jeremiah Gordon, General Counsel of CapitalG, Alphabet’s independent growth fund
Host Gary J. Ross and Jeremiah Gordon, General Counsel of CapitalG, discuss growth equity investing and legal issues that arise at the later stages of the venture capital lifecycle. Jeremiah tells Gary that CapitalG, Alphabet’s independent growth fund, operates differently from traditional corporate venture capital. Instead of investing to serve Google or Alphabet’s strategic needs, the fund partn
From Boardroom to Courtroom: Episode 7: Next Chapters: Greg Varallo on Tornetta v. Musk and the Future of Delaware Corporate Law
Greg Varallo built one of Delaware’s most respected corporate defense practices over 36 years at Richards, Layton & Finger before crossing to BLB&G’s plaintiff side in 2019. He served as lead trial counsel in Tornetta v. Musk, the largest executive compensation case ever litigated. In December 2025, the Delaware Supreme Court affirmed liability but reversed the $55.8 billion rescission. Greg joins
Business Bankruptcy Basics: Episode 5: Who Gets What? Creditor Claims and the Claims Objection Process
In Episode 5 of Business Bankruptcy Basics, hosts Ella Vincent and Andrew Still are joined by Judge Daniel P. Collins of the U.S. Bankruptcy Court for the District of Arizona to break down one of the most fundamental topics in bankruptcy: creditor claims. Judge Collins walks listeners through the surprisingly broad definition of a "claim" under the Bankruptcy Code and the key categories of secured
From Boardroom to Courtroom: Episode 6: The Audit Committee Consiglieri
Frank M. Placenti is a senior M&A and corporate governance lawyer who chaired the ABA Business Law Section's Corporate Governance Committee during the turbulent pandemic period.
The centerpiece of this episode is a story Frank tells about a late-night call from an audit committee dealing with a rogue CEO who had engaged in insider trading and then concealed the resulting SEC investigation from bo
VC Law: Episode 45: Regulation Crowdfunding with Mark Roderick
Host Gary J. Ross and Mark Roderick discuss Regulation Crowdfunding (Reg CF), which originated with the JOBS Act. They walk through the mechanics of a Reg CF offering, including the role of crowdfunding platforms (termed “intermediaries”) and the Form C disclosure requirements. Mark highlights concerns with current practices, particularly overly burdensome financial statement requirements and the
Bad Boys of Bankruptcy: S3E6: Turning Care Into Commerce: The Collapse of Steward Healthcare
In this live episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn is joined by Sam Maizel and Andrew Troop to break down the Steward Healthcare Chapter 11, a case driven as much by personality as by financial engineering.
At the center is Dr. Ralph de la Torre, a surgeon turned executive who helped build a hospital empire through private equity, aggressive expansion, and a controversial strate
Business Bankruptcy Basics: Episode 4: Shielded by the Automatic Stay
In Episode 4 of Business Bankruptcy Basics, hosts Miles Taylor and Ella Vincent are joined by Rob Charles, a partner and leader in Womble Bond Dickinson's Bankruptcy and Creditors' Rights Practice Group, for an overview of one of the most powerful tools in bankruptcy: the automatic stay. Rob walks listeners through what the automatic stay is and who it protects, as well as the major exceptions to
Bad Boys of Bankruptcy: S3E5: Tom Petters and the Largest Ponzi Scheme in the Midwest
In this episode, host Judge Gunn is joined by attorneys Jim Lodoen of Spencer Fane LLP and Doug Kelley at Kelley, Wolter & Scott, P.A. to discuss Tom Petters, who operated a $3.65 billion Ponzi Scheme based in Minnesota before the scheme unraveled. Doug Kelley shares the fascinating details of the major criminal investigation into Petters that began when Diana Coleman, a participant in the scheme,
Mind the Gap: Episode 26: AI Only Fakes Empathy
In 2023 New York Times journalist Kevin Roose reported that a chatbot had declared love for him and urged him to divorce his wife. Since then stories abound of vulnerable people harming themselves after lengthy exchanges with GenAI chatbots. In a recent instance, a vulnerable teen discussed suicide with a chatbot and asked for feedback about the noose he had fashioned. In yet another instance a
Business Bankruptcy Basics: Episode 3: What’s in the Estate? Understanding Property in Bankruptcy
In this episode of the Business Bankruptcy Basics podcast, hosts Andrew Still and Miles Taylor sit down with Judge Elizabeth L. Gunn, the sole bankruptcy judge for the District of Columbia, to unpack one of the foundational concepts of bankruptcy law: the bankruptcy estate.
Judge Gunn joins the conversation to share insights from the bench, her path into bankruptcy practice, and the nuances she ha
VC Law: Episode 44: Warehousing Investments with Daniel DeWolf of Mintz
Host Gary J. Ross talks with Daniel DeWolf, Co-chair of the VC/EC practice at Mintz and adjunct professor at NYU School of Law, about the practice of venture capital funds warehousing investments. Among the topics Gary and Daniel cover are the reasons fund managers warehouse investments; various structures used for warehousing; disclosure considerations; conflicts of interest; valuation issues; SE
From Boardroom to Courtroom: Episode 5: Never Enough: A Forensic Accountant Unwinds the Madoff Ponzi Scheme
In this latest episode of Boardroom to Courtroom, forensic accountants J.W. Verret and Chris Ekimoff unpack the story of Bernie Madoff's Ponzi scheme — and how forensic accountants unraveled the mystery behind one of history's most audacious financial frauds.
Bad Boys of Bankruptcy: S3E4: Don’t Cash That Until Friday: The Najeeb Khan Check-Kiting Scheme
In this episode, Judge Gunn is joined by attorneys Nick Miller and Mark Iammartino to discuss the unwinding of one of the largest check-kiting schemes in modern history. Najeeb Khan operated a successful payroll processing company in Indiana in the early 2000s. At some point around 2011, Khan began embezzling funds from his payroll processing company and using an elaborate check-kiting scheme to c
The Advocates Toolbox: Epsidoe 6: The Mediation Wishlist
The Advocates Toolbox: Effective Advocacy Strategies for a Successful Mediation, is co-hosted by Mia Levi, Vice President and Corporate Secretary, CPR Dispute Resolution Services LLC, and Rachel Gupta, Mediator and Arbitrator at JAMS. This podcast will cover the skills business lawyers need to be successful advocates in mediation. Episode 6: The Mediation Wishlist. In the final episode of this se
Bad Boys of Bankruptcy: S3E3: The Law Firm That Wasn’t: The Synergy Law Scheme
In this gripping episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn is joined by Mark Albert, longtime chapter 7 and subchapter V trustee, and Bill Steinwedell, Deputy Advocacy Director for Homeownership Preservation at Maryland Legal Aid. Together, they unravel the story of Synergy Law, a supposed national law firm that preyed on vulnerable homeowners by promising foreclosure relief and bank
VC Law: Episode 43: Founder Breakups with Ed Zimmerman of Lowenstein Sandler
Host Gary J. Ross talks with Ed Zimmerman, chair of the Emerging Companies & Venture Capital group at Lowenstein Sandler LLP, about founder breakups. Gary and Ed discuss common causes of founder fallouts, and various options to handle the departing founder’s equity. Ed reveals what he believes is the most important thing in a separation agreement. Ed also tells Gary a couple of war stories. Ed end
No Such Thing as Boilerplate?: Episode 2: Choice of Forum
In this episode, Stuart Riback interviews John Coyle, UNC Law School, on the reasons to have a choice of forum clause; how the wording of clause will determine its scope; any restrictions on applicability of applicability of the clause; permissive versus mandatory forum selection; application of forum selection clauses to non-parties; and issues regarding constitutionality of non-party application
Business Bankruptcy Basics: Episode 2: Key Players in Bankruptcy
In this episode we introduce the key players in bankruptcy proceedings. Host Ella Vincent and guests Aditi Paranjpye and Laurie Thornton of DBS Law walk you through debtors, creditors, committees, and the U.S. Trustee. We clarify the often-confused distinction between the U.S. Trustee and U.S. Attorney, and explore how case trustees' roles vary between Chapter 7 liquidations and Subchapter V small
Bad Boys of Bankruptcy: S3E2: The Reality TV Star and the Hidden Closet Full of Diamonds
In this episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn is joined by Texas-based attorney Amber Carson to dive into the outrageous Chapter 7 saga of Darcy LaPier, a former model and reality TV personality best known for marrying a string of wealthy men, including Jean-Claude Van Damme and the founder of Hawaiian Tropic, and appearing on A&E’s Rodeo Girls. What began as a routine trustee re
The Advocates Toolbox: Episode 5: Impasse Breaking in Mediation
Our speakers will discuss commonly used techniques for impasse breaking in mediation, including but not limited to, bracketing and mediator’s proposal, and will examine when and how to use these tools effectively. Speakers: Noah Hanft, Arbitrator and Mediator at AcumenADR LLC and Jennifer Lupo, Lupo Law, Arbitration & Mediation.
Mind the Gap: Episode 25: Privacy in the time of AI
Once upon a time we thought we had privacy. Then came credit cards, which captured the card owner's location and activity with each transaction. Then came the Internet, which made connecting all the dots easy and cheap, and the erosion of privacy accelerated.
Large language models, LLMs, like the Generative AI system ChatGPT and its ilk have the potential to make the cost of connecting dots va
Bad Boys of Bankruptcy: S3E1: Fraud on the Court: The 25-year Odyssey of Tudor Associates
In a first for the series, this episode of Bad Boys of Bankruptcy explores a decades-long dispute arising in North Carolina that was originally filed as a Chapter XII case under the Bankruptcy Act of 1898. Our host, Judge Elizabeth Gunn (Bankr. D.D.C.), is joined by Judge Joseph N. Callaway (Bankr. E.D.N.C.) and retired Judge J. Rich Leonard (Bankr. E.D.N.C.), who is now the dean of Campbell Law S
No Such Thing as Boilerplate?: Episode 1: Choice of Law
In this episode, Stuart Riback, partner, Wilk Auslander, and John Coyle, UNC Law School, look at the reasons for having a choice of law clause, what cases would look like without one, what the permissible choices are, what sorts of issues the clause can cover, how different kinds of formulations of a clause can affect its scope, special considerations affecting cross-border transactions, and effec
Mind The Gap: Episode 24: Lost in Translation
The public has been fascinated by the experience of interacting with large language models, or LLMs, like OpenAI's ChatGPT and Google's Gemini.
In this episode we will look at current work with LLMs that plays to their strengths and involves a lower risk of inaccurate outputs. In particular we will look at the use of LLMs to translate between languages.
Software teams generally operate in the
Business Bankruptcy Basics: Episode 1: Bankruptcy 101: A Fresh Start
Welcome to Business Bankruptcy Basics! In this first episode, we lay the foundation for understanding bankruptcy law. We cover essential concepts every practitioner should know, like balancing the debtor's fresh start and protecting creditor interests. We discuss some of the powerful tools available in bankruptcy proceedings and debunk common myths about the practice area, including why bankruptcy
VC Law: Episode 42: Small Business Investment Company (SBIC) Funds with Chris Rossi
Host Gary J. Ross discusses the Small Business Investment Company (SBIC) program with Christopher Rossi, a partner at Troutman Pepper. Chris explains how SBICs function as privately managed funds that access SBA-backed leverage. Chris walks listeners through how SBICs are structured, and how SBA-backed leverage can multiply a sponsor’s private capital. He outlines the detailed and technical SBIC l
The Advocates Toolbox: Episode 4: Effective Mediation Advocacy
The Advocates Toolbox: Effective Advocacy Strategies for a Successful Mediation, is co-hosted by Mia Levi, Vice President and Corporate Secretary, CPR Dispute Resolution Services LLC, and Rachel Gupta, Mediator and Arbitrator at JAMS. This podcast will cover the skills business lawyers need to be successful advocates in mediation. Episode 4: Effective Mediation Advocacy. This session will cover th
Bench Talk: Episode 6: A Conversation with Magistrate Judge Peggy Kuo
Join us to celebrate the federal trial bench and to hear from Magistrate Judge Peggy Kuo, of the US District Court for the Eastern District of New York, as she describes her path from prosecuting street crime in the District of Columbia US Attorney’s Office, to prosecuting hate crimes at the US Department of Justice Civil Rights Division, to prosecuting war crimes and crimes against humanity at th
The Advocates Toolbox: Episode 3: Anchoring Strategy and Messaging in Mediation
The Advocates Toolbox: Effective Advocacy Strategies for a Successful Mediation, is co-hosted by Mia Levi, Vice President and Corporate Secretary, CPR Dispute Resolution Services LLC, and Rachel Gupta, Mediator and Arbitrator at JAMS. This podcast will cover the skills business lawyers need to be successful advocates in mediation. Episode 3: Anchoring Strategy and Messaging in Mediation. Distribut
Bench Talk: Episode 5: A Conversation with Judge Cave
Join us to celebrate the federal trial bench and to hear from Magistrate Judge Sarah Cave, of the US District Court for the Southern District of New York, as she describes her judicial “origin story” traveling a path from clerkships in the District Court and Court of Appeals, to private practice, and then to the bench. Judge Cave explains the role that public and community service has always play
Bad Boys of Bankruptcy: The Madoff Files: Managing Your Career in the Wake of Madoff
The Madoff team included many experienced attorneys, as well as many new lawyers. A new attorney can get lost in a case like Madoff. Our guest for this episode, Attorney Camille Bent, joined the Madoff team at Baker Hostetler immediately after her two-year clerkship with Bankruptcy Judge Pamela Pepper, who is now the Chief District Judge in the Eastern District of Wisconsin. Camille describes ho
The Advocate's Toolbox: Episode 2: Preparing for Your Mediation
Preparing for the mediation session is key. This session will cover how to evaluate your case and determine an appropriate settlement range, how to consider and evaluate risks, and more.
Bad Boys of Bankruptcy: The Madoff Files: The Legal Issues: “We Need A New Playbook”
In episode three we turn to the cutting-edge legal issues legal issues of law that were raised in the Madoff case. Because it presented circumstances unlike any that had come before it, the Madoff case required the legal team to develop a new legal playbook. In this episode David Sheehan and Camille Bent of the Baker Hostetler team offer a tutorial on the new precedents established in the case th
Bench Talk: Episode 4: A Conversation with Judge Gunn
Join us to celebrate the federal trial bench and to hear from Bankruptcy Judge Elizabeth Gunn, of the US Bankruptcy Court for the District of Columbia, one of the first COVID-era judges to take the bankruptcy bench, taking the oath of office from her living room as the sole bankruptcy judge in the District of Columbia and DC Circuit. An active member of several local, regional, and national bar a
Bench Talk: Episode 3: A Conversation with Judge Song Quiroga
Join us to celebrate the federal trial bench and to hear from Magistrate Judge Diana Song Quiroga, of the US District Court for the Southern District of Texas, a true career public servant, as she describes her path from a federal judicial clerkship to Texas’s Rio Grande Legal Aid, to service as an Texas Assistant Attorney General and Assistant United States Attorney in the Laredo Division, where
Bad Boys of Bankruptcy: The Madoff Files: The Clean Up Begins: Coordination Like Never Before
In episode two we hear about the extraordinary coordination of the Baker Hostetler team with federal, state and international investigators, including those from the FBI, the SEC, the United States attorney and other law enforcement agencies. Attorneys David Sheehan and Camille Bent are back to discuss how the criminal investigation proceeded hand in hand with the complex work of collecting asset
Bad Boys of Bankruptcy: The Madoff Files: The Scheme Is Uncovered: “We Are Gonna Need a Bigger Boat”
This first episode focuses on the first days after the shocking discovery that the Madoff multi-billion-dollar investment enterprise was a complete fraud. Unlike most Ponzi schemes, there were actually no investments at all in what on paper appeared to be a massive investment fund. Our guest, attorney David Sheehan of Baker & Hostetler LLP, is retained along with Irving Picard to begin the proc
The Advocate's Toolbox: Episode 1: What Is Mediation and When Should I Use It?
This session will set up the basis of why and when to mediate, including the benefits of mediation, figuring out whether mediation is right for your dispute, selecting the right mediator and determining the right time to mediate.
Guests in this episode are Kate Gonzalez, Senior Legal Counsel at Airbus and Chris McDonald, ADR Office of Chris McDonald.
VC Law: Episode 41: Pending VC-Friendly Legislation with Chris Harvey
Host Gary J. Ross talks with Chris Harvey, Managing Partner at Harvey Esquire and a prolific LinkedIn contributor, about three bipartisan bills pending in Congress that could reshape the VC ecosystem: the Equal Opportunity for All Investors Act (HR 3339), which would create an exam-based path to accredited investor status; the Improving Capital Allocation for Newcomers Act (HR 4431), which would r
Bench Talk: Episode 2: A Conversation with Chief Magistrate Judge Willie Epps, Jr.
Join us to celebrate the federal trial bench and to hear from Chief Magistrate Judge Willie Epps, Jr., of the US District Court for the Western District of Missouri, as he describes his path from Natchez, Mississippi, to public service as a Judge Advocate and Captain in the US AirForce JAG Corps, and then as Assistant Special Counsel-US Department of Justice in the Waco Investigation – and then to
Bench Talk: Episode 1: A Conversation with Magistrate Judge Gina Simms
Join us to celebrate the federal trial bench and to hear from Magistrate Judge Gina Simms, of the US District Court for the District of Maryland, as she describes her path first in public service, including a judicial clerkship, and some seventeen years as an Assistant United States Attorney in the District of Columbia and Maryland and as an Associate Independent Counsel tasked with investigating
Cyber Security and Data Privacy: S5E7: A Pennsylvania Regulator's Perspective on Privacy Laws
In Episode 7, host Jordan L. Fischer, Esq. interviews Representative Stephanie Scialabba, a state representative in the Commonwealth of Pennsylvania, who is using her experience in her prior career as a practicing attorney in data privacy and cybersecurity to advance the privacy rights of Pennsylvanians and create realistic solutions for evolving issues. In this episode, Representative Scialabba d
VC Law: Episode 40: GP-Led Secondary Transactions with Ruth Jin, Partner at Mintz
Host Gary J. Ross speaks with Ruth Jin, Partner at Mintz, about GP-led secondary transactions, in which a general partner of a fund initiates a sale of one (or more) of its portfolio companies to a new fund, called a continuation vehicle (CV), which is typically managed by the same GP. Ruth describes the setting up and marketing of the continuation vehicle, and the options given to the current fun
VC Law: Episode 39: A Talk with Erik Syvertsen, Chief Legal Officer of AngelList
Host Gary J. Ross speaks with Erik Syvertsen, Chief Legal Officer of AngelList. After a brief introduction, Erik starts off the chat by outlining some of AngelList’s key offerings, including SPVs, Rolling Funds, and Roll Up Vehicles. Gary and Erik then go into how AngelList funds tend to be structured, as well as how AngelList navigates regulatory concerns such as general solicitation and the inve
Bad Boys of Bankruptcy: S2E8: The Pirates of the Penitentiary
Stephen Lawrence and Thomas Thompson both sat in prison, holding the proverbial keys to their own cells, for years on end. One was alleged to have stashed assets in an offshore trust before filing for bankruptcy; the other was alleged to have stashed the golden spoils of a shipwreck beyond the reach of creditors. Joined by Professor Christopher Hampson and Mac VerStandig, Judge Gunn explores two c
Bad Boys of Bankruptcy: S2E7: Vexatious Litigant and Serial Bankruptcy Filer
In this episode, Judge Elizabeth Gunn is joined by attorneys Abigail Ryan and Jason Binford to discuss the astonishing saga of a relentless debtor who turned the bankruptcy system into his personal battlefield.
It began when Abigail Ryan’s client needed to evict a tenant for unpaid rent. But instead of leaving quietly, the tenant filed for bankruptcy, halting the eviction and launching a wave of
Mind The Gap: Episode 23: Challenges for Humans in the Loop
This is the second of two episodes with MIT Professor David Mindell. In these conversations we are exploring the detailed realities of "human in the loop" systems. In the first session we learned about the Apollo Program's lunar landing control system. In this episode we are going to explore a contemporary human plus computer control system failure involving a US Navy warship.
We will be looki
Cyber Security and Data Privacy: S5E6: Diving into the role of an In-House Cyber Attorney
In Episode 6, host Jordan L. Fischer, Esq. interviews Rachael Pashkevich Koontz, Associate General Counsel of cybersecurity and data protection for a large U.S. Government Contractor in the technology space. Rachael provides key insight into her unique role as an in-house cyber attorney, and the day-to-day role she plays in shaping the cyber policy and approach within her organization. Rachael and
From Boardroom to Courtroom: Episode 4: SPACs are Back!
Welcome to To the Extent That, presented by the ABA. Today’s From Boardroom to Courtroom features Kurt Wolfe—a Partner in Quinn Emanuel’s SEC Enforcement group, former in Securities co-host, and adjunct securities law professor at the University of Richmond.
We’ll discuss the SEC’s landmark Stable Road / Momentus enforcement, examine newly minted SPAC accounting and disclosure reforms, and explor
Bad Boys of Bankruptcy: S2E6: Forgery and Fire – The Purdy Case
This case concerns the consequences for debtor misconduct in a Chapter 13 case. The Chapter 13 debtors, Marcus and Amanda Purdy, sought court approval to take out a mortgage to purchase a home, but the court denied the motion to incur debt and the debtor’s motion to reconsider the ruling. Undeterred, the debtors moved forward with obtaining a mortgage to purchase the property, providing a letter t
Mind The Gap: Episode 22: Human and Machine in Spaceflight
In this episode and the next one we are going to do something unusual. We will explore the adoption of sophisticated flight control automation and look for lessons that may apply to the adoption of AI-augmented systems.
To help us understand these lessons, we are fortunate to talk with Professor David Mindell of MIT. He is the acclaimed author of numerous books in this area, notably "Digital Ap
VC Law: Episode 38: Employee Equity Incentive Plans with Marc Fosse, Partner at Seyfarth Shaw LLP
Host Gary J. Ross speaks with Marc Fosse, partner in Seyfarth Shaw’s San Francisco office and a nationally recognized expert on executive compensation, about the landscape of employee equity compensation. Marc outlines the differences between stock options, restricted stock, phantom equity, and profits interests. Gary and Marc then discuss some of the tax and legal concepts relating to employee eq
Mind The Gap: Episode 21: Hollywood Adventures in GenAI
The entertainment industry in the US, with revenues in 2022 of about 8.5 billion dollars, is only three hundredths of one percent of the 23.3 trillion dollar US economy. However, entertainment is far more important to society as a whole than the industry’s financials might suggest.
In 2022 when large language models like OpenAI’s ChatGPT and Google’s Gemini began to show signs of prodigious capa
Mind The Gap: Episode 20: Is AI the end of Intellectual Property?
AI is increasingly viewed as a potential co-creator of text, images, videos, music, and audio. However, in March of 2023 the US Copyright Office expressed the view that ‘copyright can protect only material that is the product of human creativity.’
In this episode Claudia Ray, a partner in the New York office of Kirkland & Ellis, a major law firm with a distinguished IP practice, discusses the im
Bad Boys of Bankruptcy: S2E5: Wise Cracking Real Estate Developer Finds His Way to Federal Prison
The debtor, a real estate contractor and developer, failed to cooperate with the chapter 7 trustee and engaged in aggressive tactics including suing the first judge presiding over the case leading to her recusal. In addition to the typical Bad Boys of Bankruptcy content, the panel explored the standards and ethical considerations surrounding judicial recusal, including the process for sua sponte
Bad Boys of Bankruptcy: S2E4: The Ponzi Scheme for Music Nobody Wanted: The Curious Case of Trend Sound Promoter
Ponzi schemes have persisted around the world even before the eponymous investment scheme of Charles Ponzi in the early 1920s. This case concerns a Ponzi scheme based on the purported sale of music that nobody really wanted, which was engineered by Ukrainian-American Volodimyr Pigida and his wife, Marinia Bondarenko. The scheme resulted in roughly $22 million in fraudulent proceeds. Pigida was ult
VC Law: Episode 37: The Legal Terms That Matter Most to Angel Investors with Christopher Mirabile
Host Gary J. Ross speaks with Christopher Mirabile of Launchpad Venture Group about key legal terms in angel investing. Christopher, who is Chair Emeritus of both the SEC’s Investor Advisory Committee and the Angel Capital Association, as well as the co-founder of Serif Investor, offers a candid take on what matters most to angel investors, with a focus on pro rata rights and information rights. C
VC Law: Episode 36: What To Know About Incorporating in Nevada with Rew Goodenow
Host Gary J. Ross discusses the potential benefits of incorporating in Nevada (and the correct pronunciation of the Silver State) with Rew Goodenow, a shareholder at Parsons Behle & Latimer in Reno, Nevada. Gary and Rew explore why more businesses are choosing to incorporate in Nevada. Rew highlights Nevada’s long-standing pro-business legal framework, tracing its evolution from 19th-century minin
Cyber Security and Data Privacy: S5E5: The Billable Hour has Met Its Match in AI
In Episode 5, host Jordan L. Fischer, Esq. interviews Professor of Law, Nancy B. Rapoport, and Joseph Tiano, CEO of Legal Decoder, on the long term impact of Artificial Intelligence, and specifically Generative AI, on the billable hourly model. Nancy and Joe share their perspectives having interviewed numerous law firms for their recent publication, Fighting the Hypothetical: Why Law Firms Should
Mind the Gap: Episode 19: The Intersection of Cybersecurity and Artificial Intelligence
This episode of the ABA-funded podcast, "Mind the Gap: Dialogs on Artificial Intelligence" was recorded at a Continuing Legal Education session. Our subject is, "The Intersection of Cybersecurity and Artificial Intelligence."
Our two guests, Candace Jones and Jon Garon, are distinguished lawyers.
Candace Jones retired recently from the Federal Reserve Bank of New York. Previously she was a par
Cyber Security and Data Privacy: S5E4: The Legislative Process Surrounding Technology and Privacy
Host Jordan L. Fischer talks to Monique Priestley about her career progression from an IT professional into a Vermont state representative and the technology issues surrounding her advocacy for data privacy and age appropriate software design.
Bad Boys of Bankruptcy: S2E3: Fraud, Identity Theft, and the Battle Over Unclaimed Money
In this special public service episode, Judge Elizabeth Gunn is joined by Rebecca A. Earl and Dana McWay to explore a growing and often overlooked corner of bankruptcy fraud: the exploitation of unclaimed funds. With over half a billion dollars currently held in unclaimed distributions, the system has become a target for fraudsters employing everything from falsified assignments to identity theft
From Boardroom To Courtroom: Episode 3: Current State of the Foreign Corrupt Practices Act
Host Professor J.W. Verret interviews Pete Tomczak, global head of investigations at Baker McKenzie, about the current state of Foreign Corrupt Practices Act practice in the wake of the new administration's pause. We discuss the real world FCPA case of US v. Lawrence Hoskins, a defendant who was acquitted in a case that went to trial and saw multiple appellate decisions that demonstrates a tendenc
From Boardroom to Courtroom: Episode 2: The Case of the Bluebell Ice Cream
Host Professor J.W. Verret interviews Professor Charles Elson on Delaware's Marchand case. A listeria outbreak in Bluebell ice cream led to a criminal case by the federal prosecutor and a successful "Caremark" failure to oversee claim in Delaware. We interview Charles about his service as a member of the Bluebell special litigation committee that handled this matter.
Cyber Security and Data Privacy: S5E3: The Impact of the EU NIS2 Directive and the DOJ Rule on Bulk Sensitive Data Transfers on the Healthcare Industry
In Episode 3, host Jordan L. Fischer, Esq. interviews Corey Dennis, Chief Privacy Officer & Assistant General Counsel at Legend Biotech, where he leads the global privacy, cybersecurity, and artificial intelligence legal programs. In this episode, Jordan and Corey walk through two recent developments that are impacting data strategies in the healthcare and life sciences industry: the EU NIS2 Direc
Bad Boys of Bankruptcy: S2E2: Cash-Stuffed Envelopes at Dunkin’ Donuts: The Palladino Ponzi Scheme
In this episode, Judge Gunn discusses the case of Steven and Lori Palladino with Mark DeGiacomo, who served as the Chapter 7 trustee in their case. Mr. DeGiacomo was tasked with administering the fallout resulting from the debtors’ Ponzi scheme run through an entity called Viking Financial Group, Inc. Mr. Palladino used Viking to promise “investors” a guaranteed 12% return on their investments, in
Mind The Gap: Episode 18: A Visit to Model Land
From ancient times what we now call mathematical models have been used to predict the arrival of seasons, comet returns, and eclipses. With sophisticated mathematics, good data gathering, and modern computers we can now predict things like the tides and the trajectories of interplanetary probes with considerable accuracy. We have also made progress in predicting weather.
For some phenomena, for
Cyber Security and Data Privacy: S5E2: Artificial Intelligence and the Practice of Law
In Episode 2, host Jordan L. Fischer, Esq. interviews Judy Selby, the founder of Selby Strategies and working as a certified performance coach. Judy is the author of "The Untold Secrets to Thrive as a Lawyer: Six Steps to Ignite Your Legal Career Even if You Didn’t Go to Harvard or Yale," which provides insights into every stage of a legal career. In this episode, Jordan and Judy discuss the strat
VC Law: Episode 35: What To Know About Incorporating in Texas with Brett Cenkus
Host Gary J. Ross talks about the Lone Star state with Brett Cenkus, principal of Austin-based Cenkus Law. While Delaware has been the center of corporate business law for the last century, a recent push to incorporate in other states has made news, especially with Elon Musk changing his companies’ incorporation to Texas last year. Brett, who is admitted to practice in both Texas and Delaware, dis
Bad Boys of Bankruptcy: S2E1: From Mortgage Mogul to Fugitive: The Rise and Fall of Darren Berg
Darren Berg started as a mortgage broker but then found himself orchestrating a $150 million Ponzi scheme. He diverted funds into a lavish lifestyle—owning multiple mansions, yachts, and a luxury bus company. When the fraud unraveled, bankruptcy proceedings led to significant legal battles, shaping Oregon’s fraudulent transfer law in the process. But Berg’s downfall didn’t end in prison—he pulled
From Boardroom to Courtroom: Episode 1: The Case Of The $117 Million Crypto Hack
Host JW Verret interviews former SDNY prosecutor Sam Enzer about a $117 million crypto hack that happened in plain sight and led to fraud and market manipulation convictions for the perpetrator who bragged about his scheme on social media.
JW Verret is a corporate and securities law professor at GMU Scalia Law School and regularly serves as a forensic accounting expert witness in white collar ma
Cyber Security and Data Privacy: S5E1: Artificial Intelligence and the Practice of Law
In Episode 1, host Jordan L. Fischer, Esq. interviews Damien Riehl, a technology lawyer who is currently leading the design, development, and expansion of products at vLex (formerly, Fastcase), integrating AI-backed technologies to improve legal workflows and to power legal data analytics. Damien provided a deep dive into the ways in which lawyers are leveraging AI, and how AI is already, and like
VC Law: Episode 34: BDS (Boycott, Divestment, and Sanctions) with Anat Alon-Beck
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