Robert Capwell

Mr. Robert Capwell

Capwell Consulting Group LLC
138 Sea Grove Main Street #840006
St. Augustine, FL 32080
Mobile: 412-901-3316
Office: 412-262-9191
Introduction

Robert Capwell is a background screening and background check litigation expert witness leveraging more than three decades of employment screening executive leadership experience. He is the founder and principal consultant of Capwell Consulting Group LLC, which provides litigation support and expert testimony in the areas of employment screening, HR compliance investigations, and medical device manufacturing quality.

Widely recognized for his deep subject matter expertise on employment screening, Mr. Capwell specializes in providing background check testimony and support for litigation involving the Fair Credit Reporting Act (FCRA), Equal Employment Opportunity Commission (EEOC), workplace violence, wrongful death, and negligent hiring claims. Robert has appeared in The Wall Street Journal, Entrepreneur Magazine, and the Society for Human Resource Management (SHRM) publications.

Robert is a Founding Member and Past Chairman of the Board of Directors of the National Association of Professional Background Screeners (NAPBS) which is now the Professional Background Screening Association (PBSA). Bob led the association’s globalization taskforce which developed the organizational and leadership structure for the association’s transformation into a global association. He also served on the association’s inaugural Global Board of Directors as a distinguished member. Mr. Capwell served on the Ethics and Accreditation Committee which developed the Background Screening Agency Accreditation Program (BSAAP). Bob continues to lobby on behalf of the industry to ensure accurate and open access to public records information to process consumer reports.

Robert is a presenter to industry colleagues, recruiters, human resource professionals, and loss prevention practitioners both nationally and internationally. Bob was a contributing author of the “Pre-employment Background Screening Guidelines” published by American Society of Industrial Security (ASIS) along with the “Trusted Information Provider Annex” guidelines published in 2015. He also served as a contributing author of the American National Standards Institute (ANSI) “Security Awareness Standard” which was published in 2020.


Areas of Expertise
  • Employment
  • Human Resources
  • Mass Torts
  • Negligent Hiring
  • Personal Injury
  • Premises Liability
  • Sexual Harassment/Discrimination
  • Workplace Violence
  • Wrongful Termination

Expert Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Penn State University BS - Business Administration - Management
RIMS-CRMP Risk Management Professional
PBSA - Fair Credit Reporting Act - Core Certification
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Founding Member - National Association of Professional Background Screening
Past Chair, Board of Directors – National Association of Professional Background Screeners (NAPBS)
Past Member, Global Board of Directors – Professional Background Screening Association (PBSA)
Pennsylvania State University Behrend Campus – Council of Fellows
The Sam and Irene Black School of Business Advisory Board
RIMS Member
SHRM Member
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Robert is a presenter to industry colleagues, recruiters, human resource professionals, and loss prevention practitioners both nationally and internationally. He has presented at state SHRM conferences, HR.com, PBSA, International Vetting and Screening Conference
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No
Q: On how many occasions have you been retained as an expert?
A: 12
Q: For what area(s) of expertise have you been retained as an expert?
A: BACKGROUND CHECKS
CONSUMER REPORTING AGENCIES
BACKGROUND SCREENING
CRIMINAL RECORDS CHECKS
FAIR CREDIT REPORTING ACT (FCRA)
PRE-EMPLOYMENT SCREENING
EMPLOYMENT SCREENING
ONGOING EMPLOYMENT SCREENING
EMPLOYEE BACKGROUND CHECKS
NEGLIGENT HIRING LITIGATION
NEGLIGENT RETENTION LITIGATION
NEGLIGENT SUPERVISION LITIGATION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
EEOC
PROFESSIONAL BACKGROUND SCREENING ASSOCIATION
PBSA
CIVIL ACTION
BACKGROUND CHECK PROCESS
CRIMINAL BACKGROUND CHECKS
EMPLOYMENT VERIFICATION
WORKPLACE VIOLENCE
ELDER ABUSE
RISK MANAGEMENT
EMPLOYEE SAFETY
BACKGROUND CHECK EXPERT WITNESS
EMPLOYMENT SCREENING EXPERT WITNESS
WRONGFUL DEATH LITIGATION
SEXUAL ASSAULT
Q: In what percentage of your cases were you retained by the plaintiff?
A: 70%
Q: In what percentage of your cases were you retained by the defendant?
A: 30%
Q: On how many occasions have you had your deposition taken?
A: Once
Q: When was the last time you had your deposition taken?
A: 01/18/2024
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: None
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: None
Q: For how many years have you worked with the legal industry as an expert?
A: 3
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Consulting and Research, Report Writing, Depositions, Testimony
Q: What is your hourly rate to consult with an attorney?
A: First session is free with a $5,000 retainer to review a case.
Q: What is your hourly rate to review documents?
A: $600
Q: What is your hourly rate to provide deposition testimony?
A: $600
Q: What is your hourly rate to provide testimony at trial?
A: $600
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: $1,200 per day for onsite meetings and schedule holds
$600/hour point-to-point
All travel expenses and mileage fees.


References

Jerry Garau
Garau Germano, PC
3710 Washington Boulevard
Indianapolis, IN 46205
jgarau@glawfirm.com
Office (317) 822-9530

Ashley Hadler
Garau Germano, PC
3710 Washington Boulevard
Indianapolis, IN 46205
ahadler@g-glawfirm.com
Office (317) 822-9530

John Hickey
Law Office of John Neumann Hickey
20 West Front Street
Media, PA 19063
(610) 891-8883
jnh@hickeylaw.com