When Law and Science Diverge: Understanding Per Se Limits and Impairment
This article explains why per se legal limits differ from true impairment, exploring scientific, behavioral, and functional evidence, substance variability, fatigue, and why relying on numbers alone can misrepresent performance, safety, and responsibility and justice.
Risk Management Without a Rulebook: What the DePuy ASR Litigation Still Teaches Us as FDA Regulation Moves from QSR to QMSR
As the FDA transitions from QSR to QMSR, the DePuy ASR hip implant litigation highlights a critical regulatory gap: the absence of a clear, enforceable risk-management standard. The case shows how regulatory compliance can still fail to protect medical device manufacturers from litigation.
Delta-8 THC, the 2018 Farm Act, and the Growing Challenges of Drug Testing and Impairment
The 2018 Farm Act legalized hemp, but delta-8 THC has created new challenges for drug testing, impairment standards, and workplace safety, leaving employers, regulators, and workers navigating confusion between legality, detection, and actual impairment.
The Most Common FCRA Litigation Claims: What HR Leaders and Background Screeners Need to Know
FCRA litigation is rising fast. Learn the most common Fair Credit Reporting Act claims impacting employers and background screeners, who gets sued, typical violations, and practical steps HR leaders can take to reduce compliance risk and class action exposure.
Cannabis Rescheduling Is Coming, and Workplace Litigation Will Accelerate
Cannabis rescheduling to a Schedule III drug is imminent, and it won’t simplify workplace drug testing. Learn why employer confusion, outdated policies, and testing limitations will drive a surge in cannabis-related employment litigation.
Honoring a Pioneer: Les Rosen Reflects on His Career and the Evolution of Background Screening
Episode 40 of Behind the Screens featured a deeply personal and insightful interview with the podcast’s usual host, Les Rosen — only this time, he was in the hot seat with guest host Robert Capwell.
How to Verify and Hire the Right Expert Witness in Background Screening
Nine Best Practices That Attorneys Must Verify Before Engaging an Expert Witness in Background Screening To Add Credibility to Cases.
Product Liability Defense: Adequate Warning
At what point does the medical device manufacturers’ responsibility end and the patient’s responsibility begin? And in the case of prescription medical devices, what role does the healthcare practitioner’s responsibility play?
Negligent Hiring Expert Insights: Employer Responsibilities and Legal Risks
Negligent hiring is a legal theory that holds employers accountable for failing to properly vet employees who later cause harm, with liability depending on factors like foreseeable risk, due diligence, and a direct connection to the harm caused; employers can mitigate risks through thorough background checks, and experts like Robert Capwell provide litigation support in such cases.
Medical Device Product Liability Defense: Unavoidably Unsafe Product
In numerous medical device product liability cases, the defense of an “unavoidably unsafe product” has been raised. This defense typically applies to products that may be inherently hazardous but offer substantial benefits. But who decides what qualifies as inherently dangerous?