With 46 million Americans facing substance use disorders and cannabis laws evolving across all 50 states, workplace drug policies have become a critical challenge for employers and employees alike. Employment law expert Keya Denner from Constangy, Brooks, Smith & Prophete joins Tom Hagy on the Emerging Litigation Podcast to break down what you need to know about cannabis, drug testing, and workplace safety in 2024.

WHAT YOU'LL LEARN:

- How state cannabis laws are reshaping workplace drug testing policies
- Balancing employee privacy rights with workplace safety obligations
- ADA compliance and reasonable accommodation for substance use disorders
- What "fitness for duty" means and when it can be required
- Documentation strategies that protect employers from litigation
- Common misconceptions about prescription drugs and workplace impairment
- How legal drug use (medical/recreational cannabis) affects employment
- Building safety programs that respect employee rights and reduce accidents

KEY INSIGHTS:

✓ Safety and privacy aren't competing interests—employers must uphold both
✓ Documentation and consistency are your strongest legal defenses
✓ Legal drug use doesn't eliminate safety concerns but requires individualized accommodation
✓ 46 million Americans have substance use disorders—this affects every workplace

TIMESTAMPS:

00:00 - Substance Use in the Workplace: A Growing Concern
13:02 - Navigating Privacy and Safety in Employment
18:35 - Building Compliant Safety Programs
21:44 - Effective Safety and Assessment Programs
23:16 - Documentation and Accountability
26:27 - Understanding Fitness for Duty Processes
29:36 - Common Misconceptions About Drug Use
37:51 - Navigating Drug Regulations in the Workplace

ABOUT KEYA DENNER:

Keya Denner is a senior labor and employment litigator with over 20 years of experience representing employers in discrimination, disability, and compliance matters. He co-chairs Constangy's Cannabis & Employee Substance Abuse practice group and regularly counsels Fortune 500 companies in retail, hospitality, and logistics on building compliant workplace programs as cannabis laws evolve.

WHO SHOULD WATCH:

→ HR professionals and compliance officers
→ Business owners and executives
→ Employees using medical or recreational cannabis
→ Safety managers and team leaders
→ Anyone navigating employment law and drug policies

What's your experience with workplace drug policies? Share in the comments!

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#cannabislaw #workplaceculture #employmentlaw #workplacesafety #hrcompliance

Emerging Litigation Podcast

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If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com.

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more.

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According to just about every survey I could find, attorneys are increasingly embracing artificial intelligence tools. Most of these professionals report significant benefits. Some attorneys continue to fumble through without reading the manual. I only hope they do better with lawn mowers and hedge clippers. In this episode, my guest falls in the former camp, finding AI to be an invaluable asset to trial teams.

Adam Massaro, an accomplished litigator in intellectual property and high-stakes commercial disputes, explained how artificial intelligence is transforming trial preparation and courtroom strategies. Adam described leveraging AI to enhance expert cross-examination, streamline evidence management, and improve witness preparation. He is particularly optimistic about AI’s predictive capabilities, whether evaluating case prospects before trial or refining overarching litigation approaches.

He emphasized that the true potential of AI is realized when it is provided with structured, reliable data and guided by well-crafted prompts that specify the desired outcomes. By adhering to these principles, AI can efficiently summarize complex arguments, identify weaknesses in a case, and support attorneys in refining their strategies ahead of trial. In the area of witness preparation, AI is proving invaluable, enabling attorneys to anticipate challenging questions and help witnesses present more effective testimony.

Adam is a partner at Reed Smith in Denver. With more than a decade of experience, he has handled multimillion-dollar cases, securing significant jury verdicts and defense wins at trial. His practice spans trade secrets, copyright, class action, and appellate matters. Adam is also a former appellate law clerk with experience in post-judgment and appellate proceedings.

Adam earned his J.D. from the University of Denver Sturm College of Law and holds a B.A. from Pennsylvania State University. Alongside his legal work, he is involved in community service. He is an active member of the Denver Active 2030 Children’s Foundation (2010–present), where he has served as Vice President, Charity Review Committee member, and President. Adam has also contributed as a board member for Elder Justice Colorado and Denver Kids Inc.

Thanks to Adam for such a candid conversation. Had I known he is also an archer I would have made a much bigger deal about it. The potential puns and metaphors, well, boggles the mind. At least mine.

______________________________________

Thanks for listening!

If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com.

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more.

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site

Waiting for lawsuits to present themselves is the worst growth strategy a litigator can have.

In this episode, I get to speak with John Reed, founder and chief relationship builder at Rain BDM and host of Sticky Lawyers, to rethink business development from the ground up. His most popular episodes was about Bob Mionske, an Olympic road racing cyclist turned "bicycle lawyer." Give it a listen.

With a background spanning law, marketing, and sales, John helps attorneys translate the language of business development into practical strategies that work even within law firm cultures. Can you imagine? Known for blending creativity, emotional intelligence, and big-picture thinking, he brings a unique perspective on how lawyers can stand out authentically and effectively in a crowded market.

John shares how traditional litigator traits—decisive, fast, commanding—can win in court but backfire with clients who value collaboration and reflection. He outlines a practical model for defining your professional brand through role, skill, context, and style—and explains why style may be your strongest differentiator.

We also dig into how introverted lawyers can grow client relationships through substance, not small talk, and how remote mentoring can actually strengthen early-career development with the right habits and feedback.

Whether you’re an associate building visibility or a partner looking to expand trusted relationships, this conversation will help you make your practice more resilient, referral-ready, and strategically aligned with how clients actually buy legal services.

Thanks to John for sharing his insight, humor, and practical wisdom on how to turn authentic connection into lasting business growth.

Tom Hagy
Litigation Enthusiast and Host of the Emerging Litigation Podcast

______________________________________

Thanks for listening!

If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com.

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more.

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site