Private investigators play a crucial role in the realm of product liability, by uncovering the truth behind defective products and helping establish liability.

Their expertise extends from scrutinizing manufacturing processes to investigating supply chains, ultimately assisting clients in seeking justice. In this article, we’ll explore the multifaceted role of PIs in product liability cases and how their actions contribute to the pursuit of fair resolutions.

The role of in-depth product testing in supplier and manufacturer investigations

Private investigators delve deep into product testing and research to evaluate whether defects or failures contributed to liability. They actively scrutinize product design, examining specifications and evaluating potential flaws.

Furthermore, they investigate manufacturing processes to identify any lapses or shortcuts that may have compromised product safety. Analyze quality control measures to determine if they were properly implemented and adhered to.

In order to investigate these areas, however, PIs must first understand the product’s supply chain. This is crucial for any product liability investigation.

Private investigators are proactive in:

• Researching and profiling suppliers, manufacturers, distributors, and retailers involved in the product’s journey.
• Identifying any potential areas of negligence or misconduct within the supply chain.
• Establishing the links between various parties to pinpoint where liability may reside.

How important are consumer background checks and recall investigations in product liability cases?

In product liability cases, consumers often play a pivotal role. PIs conduct comprehensive background checks on consumers involved in the case:

• Assessing the credibility and reliability of consumer claims.
• Identifying any potential motives or inconsistencies that may impact the case’s outcome.
• Ensuring that the facts surrounding consumer involvement are transparent and accurate.

Similarly, these factors are also important in recall investigations. In cases involving product recalls, PIs are at the forefront of investigations to determine the reasons behind the recall.

They investigate whether the manufacturer was aware of safety issues before releasing the product. Secondly, PIs will analyze recall procedures and actions to assess whether they were timely and comprehensive and establish whether negligence or lack of due diligence led to the recall.

Moreover, PIs are vigilant in their efforts to preserve evidence, as this is paramount to any given product liability investigation. That is to say, PIs must ensure that all evidence, including defective products and related documents, is properly preserved and protected from tampering. This is necessary to guarantee the admissibility of said evidence in court.

Background checks in legal cases are formidable tools that investigators leverage to unearth critical information. These comprehensive investigations delve deep into an individual’s history, revealing valuable insights that can sway the outcome of a case. Individuals who may be involved in legal matters can include roles such as potential jurors, witnesses, or opposing parties.

In this article, we explore the pivotal role of background checks in legal cases, shedding light on their significance and how they influence the pursuit of justice.

Uncovering hidden motives, assessing credibility, and evaluating past behavior

Background checks in legal cases are instrumental in unveiling hidden motives or agendas that may be at play in a legal case. Additionally, private investigators can use them to assess the credibility of witnesses and individuals involved in other legal proceedings. This process is paramount for an attorney to form a solid case.

Furthermore, legal cases often hinge on past behavior and patterns of conduct. Background checks scrutinize an individual’s history; examining past actions, associations, and activities, thus providing a comprehensive perspective. This is where identifying a relevant individual’s criminal history may come into play.

The active role of background checks extends to identifying any criminal history or convictions that may impact the case. These investigations play a crucial part in revealing relevant criminal records.

How background checks in legal cases help to verify claims and reveal conflicts of interest

With a private investigator performing solid background checks in your legal case, you can actively verify the accuracy of claims made by individuals involved in said cases. Whether it’s verifying employment history, academic credentials, or financial standing, these checks ensure that statements align with reality.

In addition, performing a thorough background check on an individual involved in the case (for instance, the opposition), can provide attorneys with information crucial to identifying any potential conflicts of interest.

That is to say, these checks ensure transparency and help identify situations that may compromise objectivity.

Other benefits background checks can bring to your legal case

The importance of identifying conflicts of interest and motives aside, PIs with experience in background checks bring many more benefits to the table:

• A complete background check brings with it a holistic view of an individual’s background, encompassing personal, professional, and financial aspects. This comprehensive perspective aids lawyers and investigators in forming a well-rounded understanding.
• They can also assist with jury selection. Lawyers utilize these checks to assess potential jurors’ backgrounds and identify biases that may affect their impartiality.
• Due diligence is a fundamental aspect of legal cases, and background checks actively contribute to this process by ensuring that all relevant information is thoroughly examined.
• The insights garnered through background checks actively influence case strategy. Lawyers and investigators use this information to develop strategies that leverage strengths and exploit weaknesses.

Background checks in legal cases are not passive exercises but active endeavors that yield valuable information essential to the pursuit of justice.

By actively embracing the power of background checks, legal professionals equip themselves with a formidable tool. One that enhances their ability to navigate complex legal matters. These investigations serve as beacons of truth in the quest for justice, ensuring that all relevant information is brought to light.

Dive into the step-by-step process of conducting thorough background checks on medical expert witnesses. Explore the importance of their qualifications, experience, publications, and affiliations to ensure credibility in medical malpractice cases.

Introduction

In the intricate realm of medical malpractice cases, the role of an expert witness is pivotal. These expert witnesses serve as the linchpin in presenting and validating medical evidence. To ensure the utmost credibility in your case, it’s imperative to conduct rigorous background checks on these expert witnesses. This comprehensive guide offers a step-by-step process to effectively vet expert witnesses, with a laser focus on their qualifications, experience, publications, affiliations, and more.

1. Qualifications: The Bedrock of Credibility

• First and foremost, assess the qualifications of the expert witness.

Educational Background

• Commence the process by scrutinizing the educational background of the expert witness.
• Ensure that they possess:
• A medical degree from an accredited institution.
• An active and unblemished medical license.
• Relevant board certifications, if applicable.

2. Experience: The Crucible of Expertise

Case Involvement

This phase demands a meticulous evaluation of their expertise. Consider:

• The number of medical malpractice cases in which the expert witness has been involved.
• Their track record in testifying in court.
• Their experience in handling cases that closely align with your specific needs.

3. Publications: The Written Record of Authority

 Moving forward, it is essential to explore the expert witness’s published works.

Research and Publications

This segment involves:

• Investigating their presence in peer-reviewed journals, which speaks volumes about their academic reputation.
• Analyzing the frequency with which their work has been cited by their peers.

4. Affiliations: The Network of Trust

Next on the list is examining the professional affiliations of the expert witness.

Membership and Collaborations

 This calls for:

• Determining whether they maintain membership in respected medical associations.
• Inquiring about any teaching positions they may hold at renowned institutions.
• Investigating noteworthy collaborations with other professionals, which can substantially bolster their reputation.

5. Testimonials: A Glimpse into Reputation

 As you progress, seek out testimonials and references for a valuable glimpse into the reputation of the expert witness.

Testimonials and References

• Actively solicit testimonials and references from past clients, attorneys, or colleagues.
• Make direct contact with references to obtain firsthand insights.

 Ethics and Conflicts of Interest: A Critical Examination

Ethical History

This encompasses:

• Investigating any disciplinary actions, legal issues, or ethical complaints in the expert witness’s history.

7. Expert Witness Fees: Clarity is Key

Fee Structure

• Gain a thorough understanding of their fee structure.
• Verify that there is transparent communication concerning fees, retainers, and additional costs.
• Exercise caution in cases where fee arrangements appear vague or ambiguous.

8. Preparation and Availability: Commitment to the Case

Case Commitment

• Evaluate their willingness and capability to conduct an exhaustive review of medical records.
• Confirm their readiness to testify in court and provide unwavering support throughout the legal proceedings.
• Opt for an expert who genuinely engages with your case, as this can substantially impact its success.

Conclusion

Vetting expert witnesses is a multifaceted and indispensable task in the context of medical malpractice cases. Qualifications, experience, publications, affiliations, testimonials, ethics, and transparency constitute the key elements for ensuring the credibility and efficacy of an expert witness. The choice of your expert witness is a pivotal determinant in your pursuit of justice within the realm of medical malpractice litigation.

There are an estimated 65 million Americans with a criminal record. If you are among them, you might face an uphill battle in your job search. Surveys show that a majority of employers—a whopping 92%, according to one survey—get criminal background checks when hiring for some or all positions. If a prospective employer finds out that you have an arrest or conviction record, you might find it difficult to compete, especially in today’s tight job market.

Illinois is one of a growing number of states that have passed a ban-the-box law. The law, called the Job Opportunities for Qualified Applicants Act, prohibits most employers from asking about criminal history until the later stages of the application process. The law applies to employers with 15 or more employees.

On March 23, 2021, Governor J.B. Pritzker signed a bill (SB1480) that—effective immediately—amends the Illinois Human Rights Act (IHRA) to, among other things, impose new requirements on employers that perform criminal history checks on their employees. For employers that currently have a multistate-compliant background check system in place, the new Illinois requirements do not pose significant additional compliance obligations, for two reasons:

(1) the new Illinois requirements mirror those that currently exist in a plethora of jurisdictions, including California and New York;

(2) the new Illinois requirements incorporate steps that employers are already required to take to comply with the Fair Credit Reporting Act (FCRA).  Multistate employers will, however, need to review their adverse action notices to ensure that they include language required under the amended IHRA.

Under the law, employers may not ask about or consider an applicant’s criminal history until they have:

• determined the applicant to be qualified for the position, and
• notified the applicant of being selected for an interview, or if there is no interview, extended a conditional job offer to the applicant.

Once the applicant is scheduled for an interview or received a conditional job offer, the employer may ask about conviction records or conduct a criminal background check. However, Illinois law prohibits all employers from asking about arrests that did not lead to conviction or records that have been sealed or expunged.

New Requirements

Under the newly amended IHRA, employers that perform criminal history checks are required to satisfy the following requirements before basing an employment decision on an individual’s “conviction record”¹:

1. Perform an “Interactive” (individualized) Assessment

The employer can base an adverse employment action on an individual’s criminal conviction only if:

(1) there is a “substantial relationship”² between the individual’s criminal offense(s) and the job sought or held; or

(2) the employer believes that the individual poses an “unreasonable risk” to the property or safety of the employer’s workforce, customers, or members of the public. If one of these factors can be met, the employer must next perform “interactive assessment”—commonly known as an “individualized assessment”—and consider the following mitigating factors:

• the length of time since the conviction;
• the number of convictions that appear on the conviction record;
• the nature and severity of the conviction and its relationship to the safety and security of others;
• the facts or circumstances surrounding the conviction;
• the age of the employee at the time of the conviction; and
• evidence of rehabilitation efforts.

These mitigating factors mirror those outlined in the EEOC’s 2012 Enforcement Guidance—which courts have rejected the EEOC’s ability to enforce—that have been adopted in a number of “ban the box” laws around the country.

If, after considering these mitigating factors, the employer chooses to move forward with the adverse action, the employer must comply with the IHRA’s new notice requirements.

2. Follow the Adverse Action Notification Process

The employer must notify the individual that their criminal conviction will be the basis for an adverse employment decision, provide the individual with a copy of the criminal history report obtained by the employer, and provide the individual with at least five days to respond with information impugning the accuracy of the conviction record, or some other mitigating evidence.  If the individual is unable to challenge the accuracy of the conviction, or provide sufficient evidence of mitigation, the employer can then send the individual a notification informing them of the adverse action being taken, and proceed with the disqualification.  Employers that perform criminal history checks using a third-party “consumer reporting agency” will be very familiar with this process.

3. Inform Individuals of Their Right to File a Charge

While the requirements for the pre-adverse action and adverse action notices under the amended IHRA do not materially deviate from the FCRA’s, the IHRA adds two requirements that may require multistate employers to amend their adverse action notices:

• The IHRA requires employers to include within both their pre-adverse action notice and adverse action notice “the employer’s reasoning for the disqualification.”
• The IHRA requires employers to state in their adverse action notice that the individual has the right to file a charge with the Illinois Department of Human Rights.

Employers that use multistate adverse action notices should ensure that their notices subsume these requirements.

While the new law does not prohibit an employer from obtaining criminal background checks, the law places a significant requirement on employers if they want to use this information to make any employment-related decisions.

Takeaways

Although the amendments to the IHRA may present familiar obligations to multistate employers, employers should not lose sight of the fact that a failure to fully comply with these new requirements could give rise to a charge of discrimination, and the employer’s being forced to deal with the scrutiny of the Illinois Department of Human Rights.  This could, in turn, lead to employers facing broader exposure in the form of suits filed under Title VII of the Civil Rights Act of 1964.  Illinois employers that have criminal history screening policies in place should perform a privileged review of their policies and form notices to ensure they satisfy Illinois’ requirements.  Employers that do not have policies to guide their criminal history screening process in Illinois should look to implement a policy that will effectuate compliance with the IHRA.

Chicago has amended its Human Rights Ordinance to address employment discrimination based on criminal history. Essentially, the new City law prohibits employers with fewer than 15 employees from inquiring about an applicant’s criminal history until a specific point in the hiring process.

The amendments apply to actions taken on or after January 1, 2015. A similar new state law that applies to employers of 15 or more employers also goes into effect on that date; this FAQ covers only the new City law, not the state law. However, one provision of the new City law, described in question 10 below, applies to all employers, regardless of size

1. What do I need to do before January 1, 2015 to comply with the new City law?

Before January 1, 2015, you should review your employment application process and related materials to make sure that you do not request permission to obtain, inquire into, or consider an applicant’s criminal history at the start of the application process.

2. Does this mean I can no longer base my decision to turn down an applicant on his criminal conviction?

No. The new City law does not impact your ability to turn down applicants on the basis of criminal convictions. However, you should be aware that other laws may impact how much weight you can give to an applicant’s criminal history in making your hiring decision

3. Does the new City law in any way interfere with the state and federal laws that exclude individuals with specific types of convictions from being hired for certain positions?

No. If federal or state law prohibits an employer from hiring an individual who has been convicted of a particular crime to fill a specific position, the employer remains obligated to follow federal or state law.

4. Does the new City law prohibit me from telling applicants in advance, such as in a job announcement, that convictions for certain offenses will disqualify them from a specific position?

The new City law provides that an employer may provide advance written notice about disqualifying convictions in three circumstances:

• If the opening is for a position where conviction of one or more specified criminal offenses automatically disqualifies an applicant under state or federal law;
• If the open position requires a bond, and an applicant’s conviction of one or more specified criminal offenses would disqualify the applicant from obtaining the required bond; and,
• If the open position requires a license under the Emergency Medical Services (EMS) Systems Act, 210 ILCS 50/1.

5. Does the new City law allow me to conduct criminal background checks on prospective employees?

Yes. It remains permissible to conduct a criminal background check before making a hiring decision. However, you may not inquire into or consider an applicant’s criminal background until after you deem the applicant qualified and notify the applicant that he/she has been selected for an interview.

6. Does the new City law require me to wait to conduct a criminal background check even if I don’t conduct interviews as part of the hiring process?
   Yes. For positions that do not require an interview, you may conduct a criminal background check only after extending a conditional offer of employment to the applicant.
7. If, due to the particular requirements of the open position, I am legally required to secure a potential employee’s permission before conducting a criminal background check, does the new City law allow me to seek that permission at the time he fills out an application?

No. You must wait to request permission from the applicant to run the background check until you notify the applicant that he has been selected for an interview or, if you don’t conduct interviews, until you extend a conditional offer of employment.

8. Does the new City law prohibit me from telling applicants in advance that I may run a background check on them?

No. The City law does not prohibit you from disclosing in advance that you may run a background check on applicants.

9. If I contact an applicant to inform him that he was not selected for employment, and my decision not to hire the applicant was based, in whole or in part, on the results of his criminal background check, does the new City law require me to inform the applicant of this?
   

Yes. If you inform the applicant that he was not selected for employment, you must also inform the applicant that the results of his criminal background check were the reason, or one of the reasons, for your decision. This aspect of the new City law applies to all employers, regardless of number of employees.

10. Who is going to enforce the new City law?
    The Chicago Commission on Human Relations (CCHR) is charged with enforcing this law.
11. What are the penalties for violating the new City law?

Any employer who violates any of the provisions of the new law may be fined not less than $100 and not more than $1,000 for each offense. Additionally, violations of the law may result in business license discipline for the employer in question.

Two federal laws provide some protections for applicants with criminal records. The Fair Credit Reporting Act (FCRA) addresses the issue of accuracy. Criminal background checks may include errors, such as incomplete information (for example, failing to report that the person was exonerated of a crime or that charges were dropped), misclassification of crimes, information on convictions that have been expunged, multiple listings of the same offense, and even records that belong to someone else entirely.

The FCRA imposes obligations on employers who request criminal background checks and on the firms that provide them. Employers must:
• Get the applicants written consent ahead of time.
• Tell the applicant if the employer intends to disqualify him or her based on the contents of the report. The employer must also give the applicant a copy of the report.
• Notify the applicant after the employer makes a final decision not to hire him or her based on the information in the report.

Firms that run background checks also have obligations under the FCRA. They must take reasonable steps to make sure that the information they provide is accurate and up to date. If an applicant disputes the contents of the report, the agency must conduct a reasonable investigation. If the investigation reveals that the report was incorrect, the agency must inform the applicant and any other person or company to whom it has provided the report.

Title VII of the Civil Rights Act of 1964 protects applicants and employees from discrimination in every aspect of employment, including screening practices and hiring. Because arrest and incarceration rates are so much higher for African Americans and Latinos, an employer that adopts a blanket policy of excluding all applicants with a criminal record might be guilty of race discrimination.

The Equal Employment Opportunity Commission (EEOC) has issued guidance explaining how employers can screen out applicants whose criminal records pose an unreasonable risk without engaging in discrimination. In deciding whether a particular offense should be disqualifying, employers must consider:
• the nature and gravity of the criminal offense or conduct
• how much time has passed since the offense or sentence, and
• the nature of the job (including where it is performed, how much supervision and interaction with others the employee will have, and so on).

And, the EEOC has said that employers should give applicants with a record an opportunity to explain the circumstances and provide mitigating information showing that the employee should not be excluded based on the offense.

Businesses are becoming more worried about trademarks and with good reason, trademark infringement can undermine entire marketing campaigns and can even drive customers away. Trademark and intellectual property infringement investigations are the best way for companies to protect themselves.

According to the U.S. Department of Justice, between 1994 and 2002, the number of instances in which civil remedies were sought in patent, trademark, and copyright infringement cases increased by 20% — to 8,254. Trademark violations are obviously big news. To businesses and companies, infringement can also mean big problems and big losses.

Trademarks are names, logos, symbols, jingles, words, or slogans that companies use to distinguish one service or product from others. Businesses put a lot of effort into creating and registering trademarks that will appeal to customers and create a strong brand image. Trademark violations occur when a business or person inadvertently or intentionally makes use of a logo, name, jingle, or other marketing tools from another business.

Trademark infringement may include:

• Naming a business using a name that is identical or similar to the name of a similar business
• Using similar products, packaging, logos, or services as other similar businesses in the same marketplace

When Businesses Make a Mistake Preventing Trademark Infringement

Any business wanting to choose a name for a company, service, or product needs to take steps to prevent lawsuits down the road. Casually selecting a name, logo, or slogan can mean big problems. Incidental trademark infringement is a simple mistake to make. New brand names and businesses are registered each day, and some words are trademarked as well, making business branding a bit of a landmine, especially for smaller businesses, which may not have the legal or money resources to fight a trademark infringement accusation.

In today’s complex business environment, hiring a trademark or corporate investigator before naming any business, product, or service just makes sense. While in the past, businesses used the Internet or the federal database Trademark Electronic Search System (Tess) available through the U.S. Patent and Trademark Office, today’s many trademarks and multinational companies mean that businesses need professional help to steer clear of inadvertent trademark infringement.

A professional corporate investigator with trademark experience can run international trademark searches and can help ensure that similarities (not just dead-on same names) do not sink a business’ new endeavor. A professional trademark search service by a qualified private investigator can cost less than one thousand dollars but can save a company thousand in legal fees.

Keeping Companies from Becoming Victims: What Every Business Can Do to Secure its Trademarks

Just as businesses want to avoid infringing another company’s trademark, every business also needs to take steps to avoid becoming a victim of trademark infringement. Most companies spend considerable time creating services, names, and brands before spending additional time and money advertising those products and services. Trademark infringement threatens to undermine all this hard work. Worse, trademark infringement can cause lost profits. A company using a similar name, service, or product can literally lure away business from the original trademark holder. Trademark infringement can also confuse customers and clients, costing a company business.

Every company can protect themselves by registering trademarks with the federal trademark office and then using the trade name on websites, advertisements, and other publications to establish the use of the trademark. Using the “” or tm symbol after all trade names can also help. Finally, staying alert for possible trademark violations and acting on them immediately can help reduce the business losses that can result from trademark infringement.

Even with all these precautions, though, businesses can become victims. That’s why more companies are hiring private investigators with intellectual property and business intelligence experience. Experienced private investigators can help determine if any company is violating a trademark and can help gather evidence against any business who is infringing intellectual property rights. With a corporate investigator, a company can more easily get other businesses to adhere to trademark laws and can even get compensation for any business losses that have already occurred due to infringement. For many businesses, trademark and intellectual property infringement investigations are a smart investment.

Why to Hire a Private Investigator

Licensed private investigators have the capability to complete assignments issued by a client, perform surveillance for extended periods and detect and reveal information that may be hidden or unavailable through a usual search. The act of capturing video of a subject may also cause the person or organization to discover they are being recorded. This may then lead to either complications in surveillance or legal action to cease the activity. If the person was perpetrating illegal actions, he or she may then stop doing so until certain that video is not recording these acts. Many private investigators are trained enough in recording a subject so that he or she is unaware of it.

When investigations initiate for relatives or friends, it is important to ensure the parties are within legal compliance so that violations of the law do not occur with any local, state or federal regulations governing licensed private investigators in these situations. If these offenses affect the individual, there are extensive fines that usually cause a significant financial burden along with some jail time in certain instances. It is vital that the professional hired has experience. These contracted investigators provide the greatest amount of safety to clients when taking on a case. This means they are able to handle themselves, are dedicated to the client and attempt to remain hidden at all times.

Skills, Talent and Cost

The training a hired professional has completed usually provides him or her with the skill and talent to use the services acquired for a variety of fields. When the individual must investigate medical, military, financial, relationship and even legal areas, they often have the knowledge and skills to ensure the correct information has been obtained. The quality of service far outweighs the costs when a professional is needed to investigate a subject for someone. This means to hire a quality private investigator; the client usually pays more for services. A greater amount of experience usually means that the PI commits to providing results to his or her client.

Legal Entanglements with Investigations

It is vital that a private investigator be hired for experience and the quality of his or her skills. This translates to testifying in court with abundance so that he or she is equipped to deal with these situations better than someone that charges less for his or her services. He or she will appear professional, have a clean and groomed appearance and be clear and concise when detailing the information, he or she provides.

Private Investigators are usually licensed in multiple states and tested to ensure they have a valid certification. When the individual is of a higher caliber than another with less experience or knowledge, he or she is better at informing the client of information, complications and issues that may arise. This also means that the PI is able to inform the person that hired him or her about any legal issues that may be entangled with the investigation such as violations due to surveillance laws, invasion of privacy, illegal recordings and similar concerns. It is best to hire a private investigator when a search or research is necessary and video recording someone or an entity is better left with the professional that has performed the action for hundreds if not thousands of hours.

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