It simply amazes me how many companies do not invest in rock star HR departments. Most HR departments are paper pushers and tell people to not take any risks whatsoever. A totally stagnant way to do business.
The op mentions this: they are tied up by our litiginous society.
sure that is an ancillary function for any HR department. However companies are not leveraging HR as a business discriminator like they should be....especially services and tech businesses (with notable exceptions like starbucks)