DAREDEVIL: BORN AGAIN is good, but it's struggling with a lot of issues that are not the fault of showrunner Dario Scardapane, but issues nonetheless. Spoilers.
I've watched the first two episodes of DAREDEVIL: BORN AGAIN and what seems to have happened here: allegedly, the first six episodes were shot with Foggy killed offscreen in some explosion, Karen not mentioned at all, immediately dismissing the Netflix setup and switching to lightweight courtroom drama and goofy superhero comedy, while showing Fisk as Mayor of New York.
Why? What I've heard -- unsubstantiated -- is that Kevin Feige wanted a Charlie Cox series, but he wanted a lightweight and fun adventure, and wanted Daredevil without the angst of the Netflix show or the characters who added to the darkness. In addition, Henson and Woll would have, in returning to the show, been able to negotiate higher salaries that a newer cast couldn't demand.
It's been rumoured that Feige approved this version of the BORN AGAIN series from showrunners Matt Corman and Chris Ord, signed off on it, the first six episodes were filmed, Feige watched them and was horrified at how utterly unreleasable the series was. I'm not clear on what was wrong, but the rumours are that it started with Foggy dying off camera in an explosion and then shifted to non-traumatic courtroom antics.
Feige shuttered it when the writers' strike hit, planned to remount, and the BORN AGAIN series was now further mired in ridicule and mockery. It was already being criticized for not rehiring Deborah Ann Woll and Elden Henson, for dismissing the previous three seasons, and now it was being mocked for creating a fresh start only to produce something so bad that Feige didn't want to release it. It was a PR quagmire.
Feige hired former PUNISHER producer Dario Scardapane, who declared that Deborah Ann Woll and Elden Henson had to be rehired, full stop. Supposedly, Feige conceded that rehiring them would reverse the negative publicity surrounding the project and conceded it would have been cheaper to just hire them in the first place.
And in a more concrete area of fact: Feige and Scardapane both noted: due to the budget and production schedule, Marvel was in no position to simply throw out the six episodes filmed without the Karen and Foggy characters. Scenes could be reshot; sequences could be re-edited, but these six episodes with no Karen or Foggy had to be used.
Scardapane proceeded to rehire Deborah and Elden and shoot a new first episode where this time, Foggy dies onscreen instead of off-camera, and this time, Foggy dies in front of a terrified Karen at the hands of Bullseye whom Matt hunts down and beats into the ground and then throws off a four story building, executing him, only for Bullseye to... survive it.
(It is not explained how Bullseye survived being thrown off a four story building by Daredevil, but Season 3 of the Netflix show ended with him receiving a metal alloy being grafted to his skeleton that would make him superhumanly resilient.)
Scardapane then scripted the first episode to have Karen move to San Francisco in grief and frustration with how Matt went silent with her after Foggy's death and wasn't there for here, and when Matt regained his senses and finally reached out, Karen had decided to move, returning briefly only for two scenes to see Bullseye sentenced.
Scardapane's script then rebuilt a new version of the original plot with the Kingpin becoming Mayor of New York City (as opposed to already being mayor), and with the heavy context of (a) the history of the Netflix seasons now specific instead of vague and (b) Matt reeling from Foggy's death even as he's astonished by Fisk's return and rise to power.
This enabled Scardapane to (a) use the six filmed episodes, but reshot in parts and with new scenes added and all re-edited to be adopt a more serious tone and (b) account for how Foggy and Karen weren't in these six episodes, which were filmed without them, and which could not simply be discarded.
Karen will apparently be back once the six episodes are used up, and Foggy is apparently back in Season 2, despite his character being dead as of the Season 1 premiere. It is unclear if Foggy will be back as a regular or as a guest-star in flashbacks.
In the first episode, Karen feels like a token presence, appearing just to be thrown away. But the power of Deborah Ann Woll's performance is palpable. Elden Henson, one scene in a bar and one scene outside a bar, establishes himself as Matt Murdock's emotional tether to humanity and decency without which Matt risks becoming the self-destruction, suicidal force of rage and misanthropy he was in Season 3. The moment he takes a bullet in the chest and dies is the moment Matt Murdock starts to spiral.
When watched without the behind the scenes context, the way Karen and Foggy are dismissed seems tokenistic, having them appear just to get rid of them. When watched with the understanding of how much Dario Scardapane struggled just to get Deborah Ann Woll and Elden Henson in the show at all, and how he has to wrangle six episodes they're not in that he still has to use -- it's very clear how much Scardapane appreciates these characters.
There are some... continuity issues from poor Dario Scardapane inheriting a confusing setup. Originally, it wasn't really clear if the Netflix show was really in continuity with the MCU beyond rehiring Charlie Cox and Vincent D'Onofrio. Scardapane declared that the Netflix show was canon, period. That's splendid, but it creates some difficulties.
In Season 3 of the Netflix show, Fisk confessed to criminal conspiracy and was sent back to jail. He did so because Daredevil threatened to release evidence that Vanessa Fisk had ordered the death of Agent Ray Nadeem, which would send Vanessa to jail even if Fisk stayed free; Daredevil further threatened that should anything happen to Karen Page or Foggy Nelson, Matt would release the footage of Vanessa ordering Nadeem's murder.
In HAWKEYE, Fisk is walking free. It's unclear how he isn't in jail beyond a reference to the Thanos snap in INFINITY WAR. The audience is left to assume that key witnesses or investigators and evidence vanished during the Snap that eliminated 50 percent of all life in the universe, leading to Fisk's freedom, and he was able to ensure he remained that way even after the missing people were restored. It may be that Matt was one of the people erased, and the evidence was lost during his disappearance.
The uneasy truce is referred to in BORN AGAIN: Fisk tells Matt that he had nothing to do with Foggy's death, saying, "I kept my promise." And Fisk promised to stay in jail... unless the Snap led to circumstances where the authorities simply had to release him. Another very real possibility is that Captain America (or someone with his level of authority) freed Fisk because without someone in charge of organized crime, the body count would be higher without Fisk than with him.
I guess we can go with the idea of the Snap causing evidence and witnesses to be lost, but because the Netflix seasons are now definitively in continuity, it's very strange to go from Season 3 where Fisk is in jail to BORN AGAIN where Fisk is winning the New York City mayoral election in a landslide.
Given the lawless world we see, I see no plothole where the Fisk's criminal past is a liability in politics, but his freedom from jail is a peculiar continuity point that is never explained on camera.
BORN AGAIN is much closer in style to the Netflix show than HAWKEYE or SHE-HULK, but it creates another oddity: soon to be Mayor Fisk declares that he is a changed man and that he will not tolerate costumed vigilantes like Daredevil running around the city.
This is a bizarre comment in a world where Captain America, the Winter Soldier, the Hulk, She-Hulk, Hawkeye, Captain Marvel, Kamala Khan, Spider-Man and Thor are running around. Fisk, as mayor, has no jurisdiction over state and federally-backed superheroes, especially ones who work closely with the US Army and SWORD, even if SHIELD is currently a covert operation unknown to the public. Furthermore, any authority Fisk might have to curtail superheroes ceased when, following Endgame, the Sokovia Accords were repealed.
Fisk claiming he won't tolerate superheroes in his city might make sense in a world where Daredevil in Hell's Kitchen is one of the few superheroes around, but it makes little sense in the larger context of the Marvel Cinematic Universe. One has to assume he's referring to street-level superheroes only, and obviously, Dario Scardapane is mimicking how the Netflix show treated New York City like a little sub-universe where the Avengers are never seen, but now that DAREDEVIL is in a Disney+ show, that disconnect seems... well, disconnected. There is no larger reference to other superheroes in the Marvel Cinematic Universe so far.
Scardapane also makes an effort to do something unexpected in Matt and Fisk's first faceoff. Despite the massive enmity and hatred between them, Scardapane chooses to depict Matt and Fisk as frenemies rather than bitterly antagonistic. Fisk declares that he is genuinely changed by what happened in ECHO, that he is no longer the Kingpin, and truly seeking to serve his city.
Matt declares that he was raised to believe in redemption, but also in retribution should Fisk's change of heart prove false. This is a very interesting and not invalid turn from their previous savagery and loathing, and it's clear that after many years and Matt's breakdown over Foggy, Matt would welcome Fisk seeking redemption.
However, the seeming (but unsubstantiated) reason for the change: there were six episodes filmed with Fisk already Mayor of New York City with Matt having accepted it and not actively trying to bring Fisk down. When BORN AGAIN had a vague connection to the Netflix series, this might have been tolerable, but the presence of Karen and Foggy would make it bizarre that Matt wouldn't devote himself to destroying Fisk's mayoral term after their history of bloody opposition.
Note that in the Season 1 finale, Fisk savagely beat Matt while screaming, "I wanted to make this city something better than it is. Something beautiful. You took that away from me! You took everything! I'm going to kill you! This city doesn't deserve a better tomorrow. It deserves to drown in its filth! It deserves people like my father! People like you!"
Sardapane could revise and re-edit and shoot some new scenes, but he couldn't completely replace those six filmed episodes, so this enemies-to-frenemies adjustment was to justify why Matt won't kidnap and murder Fisk in a fit of rage during episodes 2 - 7, something Matt would have been angry enough to do in the Netflix show.
The situation is... difficult and Dario Scardapane is really struggling. It's astonishing that BORN AGAIN is tight, focused, emotional, or even coherent, given the circumstances.