2019 Annual Conference


*Designates sessions approved as FCRA Basic Recertification PDC

The Four Commitments of a Winning Team: Get Your Team into Action and Achieve Breakthrough Results
Mark Eaton, NBA All-Star, Motivational Speaker, Author and Teamwork Expert
If you want to lead your team to greater heights in performance and achievement, you need to hear Mark Eaton’s story. In this high-energy, insightful presentation, Mark shares how he rose from auto mechanic to NBA All-Star and, after twelve amazing years with the Utah Jazz, reinvented himself and became a business leader, entrepreneur, radio and TV personality and subject of a soon-to-be released film.

You’ll experience the excitement and drama of how he challenged himself and his beliefs and found the courage to keep going and achieve success beyond anything he thought possible. You’ll get the inside story on what it takes to win, and discover how to turn your people into top performers by applying the concepts that create sports superstars to the world of business. Mark gives you proven strategies and powerful, actionable ideas you can use immediately to create breakthroughs in your workplace and inspire your team to start playing a bigger game.

Imagine the value as you discover:

  • What it takes to consistently play at the top of your game
  • How to build the trust and loyalty
  • The secret to establishing an inspiring, energizing and harmonious work environment

This is a must-attend talk if you want to attain your highest leadership goals, maximize your team’s potential and develop a game plan to turn every member of your organization into a peak-performer!

End-User Panel: An Honest Discussion About What They Want And When
Scott Paler, DeWitt LLP; Nikki Holton, Eli Lilly; Brittany Turner, Deloitte Services
What if a CRA could look “behind the curtain” and understand what clients were really thinking on the most sensitive and controversial issues?  This session is designed to deliver exactly that type of opportunity.  Led by attorney and frequent NAPBS presenter, Scott Paler, and featuring panelists from Microsoft, Deloitte and Eli Lilly, this discussion will offer fresh insights on the most significant CRA/Client relationship dilemmas today.  Among other things, it will address how much compliance help clients really expect CRAs to provide, what report features or analyses set CRAs apart, how CRAs should handle “missed records,” the best way to roll out price increases, CRAs’ biggest billing mistakes, and more!

NAPBS Special: A Two-Part Legislation and Litigation Session
Jamie Tucker, Akin Gump; Brent Smoyer, Smoyer Government Affairs; Zachary Miller, Burr & Forman; Travis Ramey, Burr & Forman

Part 1: NAPBS Legislative Update Featuring Federal and State Legislative Activity that Impacts NAPBS Members
Jamie Tucker, Akin Gump; Brent Smoyer, Smoyer Government Affairs
An update from NAPBS’ contracted partners, Akin Gump and Smoyer Government Affairs, to include current legislative activity affecting the industry at both the federal and state levels. You’ll walk away with an understanding of the current legislative landscape that impacts your business.

Part 2: NAPBS Takes Aim in Arkansas – Restoring Access to Records
Zachary Miller, Burr & Forman; Travis Ramey, Burr & Forman
For more than a year court clerks in the state of Arkansas have been denying access to public record information when requested for background screening purposes. While most counties re-opened access after NAPBS advised them of our intent to pursue litigation, two continued to refuse access. Starting with Bentonville, NAPBS pursued litigation against Jennifer Jones her official capacity as the Clerk of the District Court. In part two of this session you’ll hear directly from NAPBS outside counsel litigating this matter on our behalf. Miller and Ramey will walk you through the effort do date, current state and our plans for Craighead County. We’ll also take a brief look at obstacles that can arise with free and open access to court documents, specific state laws that may impact access, the rights of the public and background screeners to access documents and strategies to employ if courts refuse to provide access.

Business Track

Automation Domination - Web-Extraction and the Scalability for Driving Down Costs
Andy Hellman, Accurate Background; Nick Kelland, SJV Data Solutions
Level: Foundational
In the digital era, technology dominates our world and it is undoubtedly reshaping the Screening Industry. In this session, tenured experts in Criminal Record Research provide a high level overview of Artificial Intelligence and Machine Learning before detailing the role of Robotic Process Automation in background screening today and what the future holds as technology continues to replace the need for human layered research. Screen Scraping? Automation Combined with Court Runner Access? Artificial Intelligence? This session will touch on each of these and discuss how each are applicable to your business.

Becoming an Expert or Expert Witness in Background Screening
Les Rosen, Employment Screening Resources; Jason Morris, Morris Group Consulting
Level: Foundational
With the increase in litigation related to background screening and negligent hiring, many screeners are contacted by attorneys who are looking for expert witnesses. This session covers the ins and outs of expert witness testimony, including the legal and practical aspects of acting as an expert witness. It will also include a “mock trial” demonstration of a direct and cross-examination of a background screening expert in court. The session will also outline ways to advance your knowledge in the screening field and develop expertise.

Current State of the Background Screening Industry and What it Means for Your Business
Bruce Berg, Berg Consulting Group
Level: Advanced
Bruce Berg takes attendees through an analytical, interactive view of the background screening industry. Bruce will draw from his unique experiences as a former successful CRA owner and current expert consultant to share important facts, new insights and implications for CRAs. Sit in on this working session to give you a broad view of factors that impact your: Daily Operations, Data Costs, Operating Platform, Personnel Decisions, Future Business Planning, Enterprise Value.

How Account Reviews Increase Sales, Solidify Relationships, and Reduce Client Defections!
Kevin Bachman, The CRA Doctor
Level: Advanced
Too often, CRA’s fall into a trap, thinking day to day excellence is the best way to retain clients. That employers recognize and reward your performance, and refuse to talk to the competition.  Ironically, over time, great work feels less special, which increases the risk they will leave. You’ll learn which accomplishments to tout, how to demonstrate your value (again!), leverage new sales opportunities, and create a layer of insultation between you and your competitors. In this engaging session, explore: what a great account review looks like, what you should talk about and what to avoid, who’s your audience and how to get the right people to attend, common mistakes, what the best do right, and lastly, when and how to best generate new revenue.

Is Social Media Screening a Good Fit?
Bianca Lager, Social Intelligence; Montserrat Miller, Arnall Golden Gregory LLP
Level: Advanced
You've got the basics down, but how do you know if social media screening is a right fit for your business or your client? This session will be a hybrid between navigating the process of vetting a solution and understanding the legal compliance of what social media reports for employment screening purposes are (and what they are not!). The session will answer FCRA compliance questions, explore what's new in online background screening technology, as well as advanced methods on uncovering the right social media opportunities.

Drug Testing Track

Advanced Drug Screening Concepts
Todd Shoulberg, ClearStar, Inc.
Level: Advanced
This session will explore some of the unresolved and gray areas when it comes to drug screening. We will tackle such topics as: CBD oil, low level opiate usage, prescription medicine, cheating on your drug test and false positives. We will also go into detail comparing hair, urine and oral fluid drug screening; determining which is the best method and when. We will also make sure we have plenty of time to answer all of your "friends" questions.

An Occupational Health Services Guide for CRAs
Nina French, Current Consulting
Level: Advanced
Background Screening is complex. As a CRA or an employer running background checks, drug testing, and Occupational Health services make a screening program complicated. This presentation will explain the core components of occupational health services for employers. This includes drug and alcohol testing, physical exams, and other services required for safety-sensitive, health care and other employers. The presentation will discuss program design, service offerings, fulfillment options and technology to allow you to provide the best occupational health product offering services to your clients and employees.

An Overview of the FMCSA Clearinghouse
Shawn O'Neil, FSSolutions
Level: Foundational
In January 2020, FMCSA's Drug and Alcohol Clearinghouse will be up and running and you need to be ready for it. Employers and their agents will need to submit violations to the database and query it, as part of the hiring process and on an annual basis. This session will provide a summary of the regulatory changes being made by FMCSA, the roles and responsibilities of users of the Clearinghouse and dive into the operational details of working with the Clearinghouse.

International Track

Challenges of Screening Across North America: What Employers Need to Consider
David Robillard, MultiLatin Background Screening; William 'Barry' Nixon, PreemploymentDirectory.com; Marty Britton, Britton Management Profiles, Inc.; Traci Ivester, Clearstar, Inc.
Level: Foundational
Today, many multinationals have interconnected operations across North America and may recruit for talent in any one of the countries whether it be the US, Canada or Mexico. Employers need to consider how different laws and regulations affect their ability to effectively screen applicants across borders and comply with relevant state/ provincial and federal laws. Our expert panel will use a comparative study of an applicant to illustrate differences across the 3 countries.

In the Hotseat: Updates on Brexit and GDPR
Kerstin Bagus, NetForce Global; Kevin Coy, Arnall Golden Gregory
Level: Advanced
The UK and the EU, four letters that have dominated the news in recent times. What happens here impacts the global economy and global screening. This session will review the current status of both Brexit and GDPR and the impact to screeners and employers.

India Criminal Checks: A Complete Breakdown!
Sachin Aggarwal, AMS Inform
Level: Advanced
This session will cover all possible ways in which criminal checks in India are conducted including exhibits and process around it and will discuss pros and cons of each process.

It's Almost Criminal: A Detailed Look at What a Criminal Check is and isn't Around the World
Kerstin Bagus, NetForce Global; Andy Hellman, Accurate Background
Level: Foundational
Why are there 3 different sources for criminal records in the UK, with different levels of checks at each? Why can’t I even get criminal records in some countries? How do I know which check to run in Canada? And what even is a spent record? This session will answer these questions and more as we take a detailed look at criminal records around the globe to help you be a more informed user of these searches.

Legal/Compliance Track

*Attorney Insights: Your Questions Answered
Pamela Q. Devata, Seyfarth Shaw LLP; Rebecca Kuehn, Hudson Cook LLP; David Anthony, Troutman Sanders LLP
Level: Foundational
A panel of three of the top FCRA attorneys in the industry will bring their collective expertise to address the top six areas of exposure for clients in background screening practices. These experienced lawyers will highlight the litigation and compliances topics that they see create the highest risk for members. This must-attend session will include Pamela Q. Devata (Seyfarth Shaw LLP), Rebecca Kuehn Hudson Cook LLP) and David N. Anthony (Troutman Sanders LLP).

Background Screening in the State of New York and New York City: Navigating the Maze
Timothy St. George, Troutman Sanders LLP; Cindy Hanson, Troutman Sanders LLP
Level: Advanced
This presentation will discuss the unique challenges faced by screening companies and users in the State of New York, including New York City. The presentation will include a discussion about the special considerations required under the New York Fair Credit Reporting Act, as well as New York City screening ordinances. With the State of New York often comprising a large portion of business for screening companies and users, along with the harsh penalties for potential violations of New York law, compliance is essential.

*Critical Litigation Developments Affecting the Screening Industry: 2018-2019 in Review
David Anthony, Troutman Sanders LLP; Ronald Raether, Troutman Sanders LLP
Level: Advanced
This presentation will focus on critical litigation developments affecting the background screening industry in 2018-2019, with an emphasis on the key takeaways from those decisions and how the lessons learned can be integrated into a compliance management program. The session will focus on developments under the California Investigative Consumer Reporting Agencies Act, recent decisions and verdicts on negligent hiring claims, issues of "Spokeo" standing, matching issues, public record quality, and background screening forms, among others.

*FCRA Basics: Spotting Common Traps for CRAs
William Simmons, Littler Mendelson P.C.; Chad Kaldor, Littler Mendelson, P.C.
Level: Foundational
This session, led by Bill Simmons and Chad Kaldor of Littler, targets newer CRAs and those newer to the consumer reporting industry. Bill and Chad will discuss the highest risk traps arising out of three areas of basic FCRA compliance: (1) reporting accuracy; (2) post-reporting consumer communications; and (3) employment screening requirements. For accuracy, they will focus on how CRAs can best prepare to “tell the story” of their reports when challenged in litigation. For post-reporting communications, they will focus on how dispute and file disclosure request responses can be used to turn a consumer from “foe” to “friend.” And for employment screening, Bill and Chad will cover hot-button service agreement, sample form, and reporting limitations issues.

*Hit Me With Your Best Shot
Pamela Q. Devata, Seyfarth Shaw LLP
Level: Foundational
"Hit me with your best shot" — that's what CRAs are feeling lately. Learn how to say "fire away" and be prepared to defend the newest trends in FCRA and state law litigation.

*Is Sharing Caring? How and When to Share Consumer Reports and Other Fun FCRA Facts.
Erin Novak, Montgomery McCracken Walker Rhoads LLP; Stephanie Morgan, backgroundchecks.com; John Papianou, Montgomery McCracken Walker Rhoads LLP
Level: Advanced
One of the most common, and least answered, questions CRAs and end users ask their compliance and legal people is “can I share this report?” And “if I can share this report then when, with whom, and under what circumstances?” These questions and more will be answered in this lively session by in-house counsel from the largest employment CRA, seasoned defense counsel, and a former plaintiff’s attorney.

*Plaintiff v. End User: Common Litigation Trends Targeting Your Clients
Courtney Stieber, Seyfarth Shaw LLP; Esther Slater McDonald, Seyfarth Shaw LLP
Level: Advanced
CRAs are not the only ones sued for alleged violations of the FCRA and other background check laws. In this advanced level session, we discuss common litigation trends against end users, areas of risk and potential exposure, and how end users (and the CRAs who provide services for them) can help mitigate risks. We explore the most recent case law on disclosure and authorization forms as well as rumblings from the Plaintiffs’ bar, adverse action pitfalls (and best practices), and common claims under analogue laws like ICRAA and ban the box laws.

Tales from the Battlefield: A Primer on Fighting Litigation from Start to Finish
Robert Szyba, Seyfarth Shaw LLP; John Drury , Seyfarth Shaw LLP; Esther Slater McDonald, Seyfarth Shaw LLP
Level: Advanced
Lawsuits against CRAs and background screeners continue to rise. How will litigation affect your day-to-day business? What steps should you take to ensure the best outcome and the least disruption to your business? In this session, we break down the pretrial litigation process, from a complaint’s filing through the discovery process to trial, and the options for successful resolution. We will examine how each step of the process may impact your business and the often-competing goals of maximizing resolution with minimizing business disruption.

Tenant Track

Lessons for Tenant Screeners from the Front Lines
Rebecca Kuehn, Hudson Cook LLP; Ronald Raether, Troutman Sanders LLP
Level: Advanced
Litigation and regulatory actions against tenant screeners are on the rise, and some have resulted in significant fines or settlements. Learn from a prominent defense attorney and a former regulator who has served as an expert witness on what they have seen --and what they would like to see -- in defending tenant screeners from claims under the Fair Credit Reporting Act, the Fair Housing Act, and related actions.

Renters & Regulation: The Changing Landscape of Criminal Background Checks
Maitri Johnson, TransUnion; Greg Brown, National Apartment Association
Level: Advanced
New regulation in Seattle has changed the landscape for criminal background checks as operators are grappling with their response. Property management companies in the tenant screening industry are facing a dynamic environment of regulation when considering the criminal backgrounds of future residents. Our customers are dependent on us to help them place high quality tenants in their properties while operating in an evergreen environment of legislative change at the federal and local levels. This session will lay out the landscape of change with criminal background.