Tracks: Legal Compliance Business International Drug Testing Tenant Screening
*Session qualifies as FCRA Basic Renewal PDC.
PBSA Board of Directors
Sponsored by 
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.
Sponsored by 
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.
Sponsored by 
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.
Sponsored by 
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.
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. Then Kaldor and Wimmons 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.
Sponsored by 
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.
Sponsored by 
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Sponsored by 
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.
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.
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.
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.
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This session is for those who craft (or have the requirement to understand) global contracts 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 and the UK. 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.
Sponsored by 
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.
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Sponsored by 
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.