Presumption of Innocence - Episode 92
Episode 92 Presumption of Innocence - Episode 92 Hosted by Matt Adams and John C. Coffee Jr. “Government agencies say on balance this is right, but they don't tell you what they're balancing and who it affects. We're going to try to tell you what should've been balanced, what wasn't balanced, and what the outcome looks like.” For 50 years, he's studied the people who watch the markets. Now that the watchers have stopped showing their work, he's assembled the nation's top securities scholars to do it for them as the Shadow SEC. On this episode, host Matt Adams sits down with Columbia Law Professor John C. Coffee Jr . to discuss the work of the Shadow SEC, a self-funded, no-industry-money coalition monitoring the Securities and Exchange Commission in real time. The conversation sheds light on what's actually happening inside the SEC: the elimination of 50 years of quarterly reporting requirements, a disclosure threshold shift that drops 85% of public issuers from the highest reporting tier, a proposed wholesale repeal of a decade's worth of climate change rules and a looming push to let companies force shareholders into private arbitration instead of securities class actions. This deregulatory blitz isn't happening in a vacuum. Matt and Professor Coffee examine the larger crisis underneath it, which is the subject of his book, Corporate Crime and Punishment: The Crisis of Underenforcement. Professor Coffee discusses why enforcement resources have been redirected away from white-collar crime and why billion-dollar corporate penalties still don't deter. He also shares his provocative proposal to penalize corporations in their own stock so the hit lands on shareholders instead of wiping out workers and entire communities. This episode is essential listening for anyone who touches the securities markets: defense attorneys, prosecutors, compliance officers, in-house counsel and investors alike. 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.















