In-Person Program Schedule

End User Perspective on "Barriers to Employment": Ban-the-Box, Drug Testing, Artificial Intelligence and Beyond

John Drury, Seyfarth Shaw LLP and Robert Szyba, Seyfarth Shaw LLP
The U.S. Equal Employment Opportunity Commission and other government agencies continue to regulate background checks and other perceived “barriers to employment." This changing legal landscape has resulted in pressure on end-users to partner with vendors who understand these challenges. This panel will discuss the regulations of end-users meant to address these “barriers to employment,” including regulation of criminal background and credit checks, ban-the-box laws, emerging laws regulating cannabis and drug testing, salary history laws, and the new frontier of utilizing artificial intelligence in employment screening.

Background Check Tips for Global Users' Most Common Headaches

Erin Novak, Uber Technologies, Inc. and Daniel Copeland, Uber Technologies, Inc.
Post COVID "work from anywhere" policies are becoming more and more common. This panel will address a broad overview of international screening compliance considerations, rookie mistakes, and helpful tricks for everyone in the background check process.

CRA and Provider Relationships – Let's Turn Back The Clock and Get to Know Each Other Again

Bobby Shank, Roundstone and Kevin Horval, Equifax Workforce Solutions
We’ve been stuck behind our screens the past two years due to the pandemic and the workplace has changed forever. The demand has never been higher and time never so precious, but we still need to take the time to appreciate our business relationships. We will explore how to maintain, grow, and nurture relationships between CRAs and their Provider partners.

Wait, my buyer is who? To avoid pitching the wrong people, learn how to find and connect with the best customer for your products!

Kevin Bachman, IQubed Advisors, Jason Morris, IQubed Advisors and Nick Fishman, IQubed Advisors
As our industry seeks to capitalize on new opportunities to sell more products, the actual buyers for those solutions may be changing. So while we are less likely to have a single buyer, we also have the opportunity to open more doors. Identifying WHO you should sell to can be the difference between making the sale or walking away empty handed. Attendees will leave having learned how to target the right buyer, at the right time, with the right solutions for their business!

Testing Screening Operations for Potential Unintended Discrimination

Ron Raether, Troutman Pepper, LLP, Timothy St. George, Troutman Pepper, LLP and Chris Willis, Troutman Pepper, LLP
The CFPB’s recent announcement that it will now be examining non-credit products, services, and processes for discrimination under the Bureau’s UDAAP authority raises the question of how screening should go about testing various aspects of their operations for potential discrimination.  The same questions are raised by the recent focus on the Fair Housing Act in connection with tenant screening and associated claims of disparate impact.  In this presentation, we discuss the methods for potential testing of screening operations for discrimination, and outline pitfalls to avoid in such testing.

Views From the Other Side

David Anthony, Troutman Pepper, LLP, Cindy Hanson, Troutman Pepper, LLP and Timothy St. George, Troutman Pepper, LLP
This program will cover plaintiffs’ counsel’s view of the state of the screening industry, what they are focusing on, and what they want you to know about litigation. This course will include excerpts from interviews with leading FCRA Plaintiffs’ counsel.

The Stoned Age: How Employers are Navigating the Explosion of Cannabis Laws

Jennifer Mora, Seyfarth Shaw LLP
Public opinion favoring legalizing cannabis grows ever year. Yet there remains tension between federal and state law, with most states having legalized medical or recreational cannabis. This creates difficulties for employers who want to maintain a safe workplace and attract talent but also avoid litigation. This presentation will explain how cannabis laws impact employers, including a discussion of the legal landscape, best practices for drug testing, the importance of a robust reasonable suspicion testing program, the science behind proving impairment, and what’s on the horizon.

Ask the Experts: International Screening Q&A

Kerstin Bagus, NetForce Global, Andy Hellman, REALi Data Solutions and Chris Glencross, Accurate Background
Join three international screening experts to answer your questions. This is an unscripted session to answer audience questions on international background screening.

Help for Small (and all size) CRAs. Benchmarks. Growing Sales. Value of Marketing. Pricing strategy. Cost of Goods Sold Reduction. Importance of SEO.

Bruce Berg, Berg Consulting Group
Learn how your CRA should be run to grow and to optimize current and future value.

Cyber Security and the Small-to-Medium Size CRA: What does the future hold?

John Kloos, BackChecked LLC
This session will be conducted in non-technical language for a non-technical audience. It will explain exactly what employers expect the CRA (regardless of size) to have in place, in order to protect the sensitive data involved in background screening. In addition, it will directly address the following questions: What components of the solution should be in place today? How do you prove you have them in place and working as they should? What changes can be expected in the future?

*Your Data Can Help Or Hurt You: What Should You Do?

William Simmons, Littler Mendelson, P.C., Chad Kaldor, Littler Mendelson, P.C., and Zoe Argento, Littler Mendelson, P.C.
Zoe Argento, Chad Kaldor and Bill Simmons will lead this hybrid compliance and business-related session. They will cover several “hot topic” areas relating to data. Argento will provide an update on the trend of state data privacy laws and key thematic takeaways on the areas that have the most impact on CRA business operations. Kaldor and Simmons will discuss real life stories of how CRA data policies and practices can help or hurt CRAs in consumer litigation and in relationships with end-users.

Vendors Without Borders: A Guide to Sourcing Vendors Around the Globe

Kerstin Bagus, NetForce Global, Andy Hellman, REALi Data Solutions and Mark Sward, Sterling
This session will cover working with vendors from outside your own country, whether it be a US company sourcing a non-US vendor, or a non-US company looking for a US vendor. The session will be an A to Z overview, starting with how to find a vendor, to how to vet and credential that vendor, to contracting, to developing an ongoing working relationship.

Fair Chance Hiring and CRAs: A Panel on Employment after Incarceration with Experts on its Benefits for Business and Society

Krisy Bucher, Equifax Workforce Solutions, Jeff Korzenik, Fifth Third Bank, John Koufos, Cottage Four, LLC , and Brian Matthews, Equifax Workforce Solutions
One out of every three American adults has had an interaction with the criminal justice system, and the formerly incarcerated are nearly five times more likely than the general population to be unemployed. That’s 77 million Americans who face significant obstacles to finding jobs. This discussion features three panelists with extensive experience strategically improving workforces by promoting inclusive hiring practices. They discuss how fair chance hiring can benefit not only society, but also businesses looking to get an edge over their competition.

I Got 99 Problems, but a CID Ain’t One

Francis Conlon, Hudson Cook, LLP, Jennifer Sarvadi, Hudson Cook, LLP and Julia K. Whitelock, Hudson Cook, LLP
Your company has received a civil investigative demand (CID) from the FTC, CFPB, or state AG, and you may be asking – Why me? And now what? Through a moderator-led discussion, a former FTC attorney and a regulatory attorney will provide valuable insight into the regulatory investigative process. This panel will cover the investigation process from target selection, to the discovery process, to resolution (and after).

Smooth Selling: Practical Legal Considerations in Selling Your Business

Leah Braukman, Arnall Golden Gregory LLP
Every week seems to bring news of another CRA or furnisher being acquired. If you’re next, will you be ready? Whether you own a start-up or an established company, selling your business is quite the undertaking. Fortunately, there are steps you can take now to optimize your future success. This program will highlight those steps, what you can expect from the process, timing considerations, and the crucial role your advisors will play, all to help ensure a smoother and more rewarding sale of your business.

*General Session: Just when you thought you knew everything about the FCRA: regulators, judges, and new theories, oh my!

Pam Devata, Seyfarth Shaw LLP

*Qualifies for PDC

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Deep Impact: Inflation and the Toll It’s Taking on the Background Screening Industry

Bill Wilder, InformData and John Davidson, Cisive
It’s no secret. Inflation is running rampant across the U.S. Every industry is impacted, even background screening. Join InformData COO, Bill Wilder and John Davidson, Senior Vice President and General Manager at Cisive for an insightful presentation on the macro and micro effects inflation has on Consumer Reporting Agencies and a thoughtful analysis showing opportunities to survive and thrive.

*Stop, Collaborate, and Listen: Strategies for Handling Consumer Complaints

Dailey Wilson, Hudson Cook LLP and Erica Kramer, Hudson Cook LLP
Complaints from prospective tenants are a key source of fodder for state and federal regulatory actions and even consumer litigation. This panel will address strategies for handling complaints regarding tenant screening, including the pros and cons of registering for the CFPB complaint portal, tips for monitoring and responding to complaints, and the importance of conducting root cause analysis with corresponding policy and process changes.

*Qualifies for PDC

Are You Ready?  ALL CRAs Must Comply With the CFPB’s New Rule Assisting Survivors of Human Trafficking

Kym Kurey, Vital4 Data
Human Trafficking (HT) is the 2nd largest (and quietest) criminal enterprise in the world, and 50% of HT victims are children. IF a victim survives, employment and housing – two of our most basic needs – are next to impossible to secure due to the criminal history most have obtained while being exploited. Because of this, the recidivism rate for women with prostitution-related offenses nationwide is 80%. On 7/23/2022, the CFPB listened and took action, amending the FCRA and giving human trafficking survivors hope. CRAs don’t have a choice whether or not to comply with the CFPB’s new rule, but we all have a choice to care, do better and be a part of the bigger solution. Accessing fresh and complete data is key. Please join our session to hear first-hand how clearing expunged records changed the life of one beautiful survivor and what CRAs need to do to comply with the new rule*. Together, we truly can make a difference. *Nothing in the presentation is to be construed as legal advice.

Test for the Drugs People Use

William Current, Current Consulting Group, LLC
Which drugs should you test for? Marijuana? Cocaine, amphetamines, and psychotherapeutic drugs like anti-depressants and anxiety medications? Or, perhaps, the drug category that is scariest right now, the opioid family of drugs, which includes heroin, synthetic opioids such as fentanyl, and pain relievers, such as oxycodone (OxyContin®), hydrocodone (Vicodin®), codeine, morphine, and others. How can one incorporate all these drugs into an efficient and cost-effective drug testing program and what are the true benefits of a robust drug testing program?

*How To Kickstart Your Compliance Department And Minimize Your Risk

John Papianou, Montgomery McCracken and Stephanie Morgan, HireRight
How to kickstart your compliance department and minimize your risk: The purpose of this presentation is to educate CRAs on how to improve their compliance functions and mitigate risk by following best practices. In addition, we will explore steps that CRAs should take to reduce their exposure in the event they face litigation.

*Qualifies for PDC

You've Been Sued!!! Don't Panic, What to Expect When a Lawsuit Comes Through Your Door

Marc Kirkland, Quilling Selander Lownds Winslett Moser, P.C. and Kristin Marker, Quilling Selander Lownds Winslett Moser, P.C.
Unfortunately, the background screening industry has become a very real target forattorne ys who practice in the consumer protection arena. As a result, it is likely that at some point in your near future you will be served with a lawsuit. The goal of this presentation is to provide tools to understand and deal with the initial intake of the lawsuit, the litigation process, discovery, and ultimate resolution of the case. In the end a "lawsuit" should not cause undue stress and anxiety.

Educating the Worldwide Flock: How CRAs Can Educate End Users About Global Screening

Kerstin Bagus, NetForce Global and Andy Hellman, Real iData Solutions
Have you struggled with international screening because your customers assume it is the same as your in-country screening? An international screening program will only be successful if end users understand it. This session will explore methods a CRA can use to educate their customers about international screening. We will cover key education points and offer suggestions for education methods. If you are an end user, learn the key items your staff needs to understand with international screening.

GDPR and UK GDPR Developments for Background Screening

Kevin Coy, Arnall Golden Gregory LLP
Enforcement actions and regulatory and political developments continue to have important effects on transfers of personal data to the United States and GDPR compliance more broadly. This session will explore transborder data flow developments potentially impacting background screening, including the recently announced "agreement in principle" for a successor to the Privacy Shield program, standard contractual clauses, and litigation and enforcement developments. The session also will explore UK developments, including the UK-approved addendum for use with the EU Standard Contractual Clauses.

Operations and Compliance – Opposites Do Attract

Kevin Horval, Equifax Workforce Solutions and Chad Ascar, Cisive
When you are called to the Compliance office at a CRA, you think what did I do wrong this time. However, a successful relationship with the Compliance Department can lead to a quality candidate experience. Operations and Compliance can protect the organization through consistent policy and open communication. We will explore the dynamics of a successful Operations and Compliance relationship at a CRA.

Creating Your Sales Value Stream - The Secret to Unlocking Consistent Growth

Vince Brodt, InformData
If you're not growing, you're dying! The first step in driving growth is identifying the process by which your customers receive value from the products/solutions you offer, so that in turn, you can increase your sales. This is called your 'Sales Value Stream', and if built correctly, its the most powerful process throughout your entire business. Learn step-by-step how background screening companies can build this process for themselves and walk away with a blueprint for your consistent future growth.

*Tenant Screening Best Practices: Navigating The Evolving “Fair Chance” Landscape

Jennifer Mora, Seyfarth Shaw LLP and Pamela Devata, Seyfarth Shaw LLP
New laws and an increase in litigation are making it difficult to navigate the tenant screening process. This session will equip attendees with basic knowledge and tips to become and stay compliant. The session will discuss key laws currently impacting tenant screening, including the FCRA and state and local "fair housing" laws. Additionally, the session will cover some common mistakes and pitfalls by CRAs and end-users of tenant screening reports and will feature an interactive portion encouraging audience members to brainstorm best practices.

*Qualifies for PDC

Data Transfers: an EU Perspective

Alice Quinones, iCOVER and Nancy Byrne, iCOVER
This session is for those who draft (or are required to understand) cross-border contracts in relation to transnational screening made between parties to support the objectives of the screening industry. Specifically, it will speak to the portion of these contracts that cover data belonging to subjects-of-inquiry that are transnational in nature and require import to/export from the European Union. The session discusses perspectives on transfer mechanisms and the newest Standard Contractual Clauses that ensure the applicability of GDPR to contracts with companies outside the European Union.

Mastering the End User Agreement

Leah Braukman, Arnall Golden Gregory LLP, Henry Chalmers, Arnall Golden Gregory LLP and Montserrat Miller, Arnall Golden Gregory LLP
Your End User Agreement ("EUA") may be one of the most important contracts you have. Make sure it’s written to maximize your business goals and limit your liability as much as possible. This program will explore the provisions of a typical EUA and the key considerations to keep in mind when drafting, reviewing, revising and negotiating them. This includes from an FCRA, corporate and litigation perspective.

When Helping Clients May Hurt for Unwary CRAs: Practical Strategies to Meet Market Expectations While Mitigating Costly Risks for the CRA and its Clients

Rich Millisor, Fisher Phillips and Jim Patrick, Fisher Phillips
End-users increasingly use consumer reporting agencies as a means of satisfying the FCRA’s requirements relating to employment-purposed consumer reports. Relying on their litigation and consulting experience from the employment and CRA arenas, this session provides an overview, from the perspective of a CRA, of potential pitfalls for both the CRA and its clients. By implementing front-end strategies to address these potential pitfalls before a client or a plaintiff’s attorney raises an issue, the CRA can enhance client service while also mitigating risks for all involved.

Drug Testing: Exploring the Current Changes & What is on the Horizon

Shawn P. O'Neil, FSSolutions
An overview of recent - and proposed - regulatory changes impacting the drug and alcohol testing industry. Topics will include DOT's notice of proposed rule-making on oral fluid testing, FAA's Pilot Records Database, updates on state marijuana laws and other relevant changes currenty taking place.

Minimize that Headache! How to Save Trouble Later By Putting Privacy First

Melissa, Foiles, ISB Global Services and Kerstin Bagus, NetForce Global
Join as we touch on Privacy by Design (PbD) and why it is more important than ever to focus on privacy and data security before building new solutions. In a time with ever-present data breaches and new privacy laws, understanding PbD and the time, energy, and money it can save will help your team avoid unnecessary heartburn. Session members will leave understanding what PbD entails, its key elements, as well as the foundational factors that serve as the core for all new technology solutions.

FCRA Compliance Audits

Joseph Messer, Messer Strickler Burnette Ltd.
An effective way to guard against lawsuits is by conducting an internal Fair Credit Reporting Act Compliance Audit. A properly conducted audit will expose operational deficiencies which can subject your firm to liability so you can address them before your firm is sued. Learn what an audit should cover, how to motivate your employees to meaningfully participate in the audit, what to do with the information gleaned from the audit and how to protect negative information from the audit from disclosure if litigation arises.

*Seven Areas Where False Assumptions Lead CRAs Astray

Scott Paler, DeWitt LLP
Operating a CRA is difficult. Naturally, CRAs frequently rely on their own notions of “common sense” and “good faith.” Many times, such notions are right. But not always. This session, led by frequent PBSA presenter Scott Paler, will explore a series of areas where conventional wisdom arguably leads CRAs to the “wrong answer.” CRAs will hopefully leave with fresh ideas on how to better comply with applicable laws and manage risk.

*Qualifies for PDC