2021 Annual Conference

Schedule of Events

Tracks:       Legal Compliance       Business       International       Drug Testing       Tenant Screening      Other    

 
*Session qualifies as FCRA Basic Renewal PDC.

Sunday, September 12, 2021   

Pacific standard time zone

Sunday, September 12
11:00 AM 5:30 PM Exhibitor Move-in
1:00 PM 2:00 PM Leadership Meeting
1:30 PM 8:30 PM Registration Open
1:00 PM 1:30 PM FCRA Advanced Registration
1:30 PM 4:00 PM FCRA Advanced Exam
2:30 PM 3:00 PM Ambassador Training
3:30 PM 4:00 PM First Time Attendee Meeting
4:00 PM 5:00 PM Networking Reception
5:00 PM 6:00 PM Opening Ceremony
6:00 PM 8:00 PM Exhibit Showcase
8:00 PM 11:00 PM

Opening Party

 

Monday, September 13, 2021

Pacific standard time zone

Monday, September 13
8:00 AM 4:00 PM Registration Open  
8:00 AM 4:00 PM Advanced FCRA Results are Available.  
8:00 AM 9:00 AM Breakfast in Exhibit Hall  
9:00 AM 10:00 AM Keynote Session Jess Pettitt
8:00 AM 5:00 PM Headshot Studio Open  
10:00 AM 10:15 AM AM Break  
10:15 AM 11:00 AM

* Understanding Consumer Disputes

This session will cover the lifecycle of a consumer dispute, with tips and pointers for addressing frequent issues. You will come away from this session with a better understanding of how to put your best foot forward when a consumer reaches out (and avoid common pitfalls).

Megan Mitchell, Arnall Golden Gregory LLP
Montserrat Miller, Arnall Golden Gregory LLP

 

 

 

10:15 AM 11:00 AM

Rise of the Machines: Using AI and Other Data Analytics to Improve Compliance and Deliver Better Products

The use of AI technology – machines and algorithms – to make predictions, recommendations, or decisions has enormous potential. Artificial intelligence is being used in an increasing number of applications in the background and tenant screening market. Learn how this technology and other data analysis techniques can be used to improve your products and services and reduce your compliance costs. We also will discuss regulatory issues around the use of AI, and strategies to address and reduce any regulatory risks.

Rebecca Kuehn, Hudson Cook LLP
Ronald Raether, Troutman Pepper

 

 

 

 

 

 

10:15 AM 11:00 AM

Expanding into Global: Operational & Technical Considerations

Are you ready to expand your screening offerings beyond your own country borders? This will mean more than just offering background searches from outside of your home country. Will you build a network of global suppliers, or rely on one or two? How will you deal with the vast differences in search types and ordering requirements? Join us to get answers from two people who have experience expanding globally.

Kerstin Bagus, NetForce Global
Andy Hellman, Accurate Background

 

 

 

 

 

 

10:15 AM 11:00 AM

Legal Marijuana and CBD: What CRAs Need To Know About the Impact On Employers

Federal law might still view marijuana as illegal, but states and public opinion see it differently. With most states now having some form of legalized marijuana on the books, employers are concerned about providing a safe workplace while also avoiding litigation and attracting talent in a pot-friendly market. This presentation will help CRAs understand how marijuana laws impact their clients, including a discussion of the legal landscape, best practices for drug testing and the science behind proving (or not) impairment, and what’s on the horizon.

Jennifer Mora, Seyfarth Shaw LLP
Robert Szyba, Seyfarth Shaw LLP
Frederick "Fritz" Smith, Seyfarth Shaw LLP

 

 

 

 

 

 

 

10:15 AM 11:00 AM

Preparing for your Deposition: A Primer from FCRA Defense Counsel

The presenters are two litigators heavily involved in vastly different types of FCRA lawsuits -- employment-related and financial services-related. Both will use their unique perspectives to walk the audience through the preparation and execution of a successful corporate deposition. They will cover all steps of the deposition process, from identifying the correct corporate representatives to tips and techniques for the deposition itself. The session will encourage and invite audience participation and will feature a mock deposition portion.

Zachary Miller, Burr & Forman LLP
Bryance Methany, Burr & Forman LLP

11:00 AM 1:00 PM Lunch in Exhibit Hall  
1:00 PM 1:45 PM

* A Fresh Perspective on Reasonable Procedures to Maximize Accuracy: Practical Enhancements Acquired from the Litigation Trenches

The background screening industry operates in an imperfect world; the slightest “inaccuracy” in a screening report creates a litigation risk. This session provides an overview of strategies relating to reasonable procedures with the aim of enhancing accuracy on the front end and strengthening defenses on the back end. By providing “doable” strategies for all aspects of the life of a background screening report, meaningfully enhancing accuracy should not just be aspirational, it’s a must in the current environment facing members of PBSA.

Richard Millisor, Fisher & Phillips LLP
Jim Patrick, Fisher & Phillips LLP
1:00 PM 1:45 PM

* Upgrading Your People Practices To Enhance Compliance

This session, led by Bill Simmons and Chad Kaldor of Littler, will discuss best practices in personnel management ("people practices") that can help CRAs ensure that their well-planned compliance practices are executed as intended by team members. Documented company objectives, training, performance monitoring and disciplinary counseling can go hand-in-hand with proving compliance and defeating liability claims. Chad and Bill will also pull back the curtain on "killer phrases" to avoid in such documents, which can drastically impact the value of a legal claim.

Williams Simmons, Littler Mendelson, P.C.
Chad Kaldor, Littler Mendelson, P.C.
1:00 PM 1:45 PM

Recent Fair Chance Hiring Ban-the-Box Law Developments

Recent amendments to the Illinois Human Rights Act have sparked renewed discussion around ban-the-box and fair chance hiring laws in the employment context. With the potential for "aiding and abetting" liability for CRAs, Illinois' recent amendment underscores the need for CRAs as well as employers to closely monitor these laws. This session will look at some of the most recent developments to ban-the-box laws in Illinois, New York City, Philadelphia, and more.

Kevin Coy, Arnall Golden Gregory LLP
Erin Doyle, Arnall Golden Gregory LLP
1:00 PM 1:45 PM

What to Expect When You're Expecting....To Buy or Sell a CRA

Deciding to buy or sell a CRA is a complicated proposition, regardless of the size or complexity of the businesses involved. This panel is made up of experienced background screening professionals Elaine Rosenberg, John McTighe, Julie Hakman and Bruce Berg who all have recent experience buying or selling a CRA. Together they will walk through the process, from the initial decision through completion of the purchase, and share some of the thoughts and considerations that informed their choices and the lessons learned along the way.

Elaine Rosenberg, Advanced Reporting LLC
Bruce Berg, Berg Consulting Group
Julie Hakman, Ministry Brands Protection Services

1:00 PM 1:45 PM

* Tenant Screening Basics

Time for a refresh on the Fair Credit Reporting Act and tenant screening. Learn about how the FCRA applies to tenant screening, special rules related to the use of credit scores in decisioning, avoiding pitfalls in providing ancillary services (like adverse action notices), and best practices for dealing with public records. We also will discuss strategies for dealing with ever changing fair chance and housing laws.

Jennifer Sarvadi, Hudson Cook, LLP
1:45 PM 2:00 PM PM Break  
2:00 PM 2:30 PM Committee & Advisory Group Meetings  
BSCC  
End-User  
Educational Resources  
Government Relations  
Provider  
2:45 PM 4:00 PM * General Session Pam Devata, Seyfarth Shaw LLP
4:00 PM 6:00 PM Exhibit Showcase  


Tuesday, September 14, 2021

Pacific standard time zone

Tuesday, September 14
8:00 AM 2:45 PM Registration Open  
8:00 AM 9:00 AM Breakfast in Exhibit Hall  
9:00 AM 10:00 AM General Session Government Relations Update

Jamie Tucker, Akin Gump
Brent Smoyer, Smoyer Government Affairs
Jose Dimas
Chris Lemens, HireRight
Kevin Horval, IntelliCorp Records

10:00 AM 10:15 AM AM Break  
10:15 AM 11:00 AM

* Defending FCRA Willfullness Claims and Request for Punitive Damages

Companies facing FCRA lawsuits face the prospect for uncapped punitive damages awards for a "willful" violation of the statute, which can include a "reckless" or "intentional" violation of the law. FCRA lawsuits continue to increase, including those seeking punitive damages, and important willfulness decisions have recently been issued by courts.

Such high stakes warrant careful thinking about how best to defend against such claims, which is a strategy that begins before any lawsuit is filed.

David Anthony, Troutman Pepper
Timothy St. George, Troutman Pepper
Cindy Hanson, Troutman Pepper
10:15 AM 11:00 AM

What's The Best, Fastest and Cheapest Way To Increase Sales Client Surveys!

Client Surveys. B-O-R-I-N-G. We think of them as sleepy, static questionnaires where we ask clients if our turnaround time is fast enough and if they like our customer service. Yawn. But client surveys can be the most powerful weapon at your disposal to efficiently, quickly and dramatically increase sales. Attendees will learn how to ask the right questions, how to collect the right answers, and how to use the results to build a better business and beat the competition!

Kevin Bachman, The CRA Doctor
Kevin Horval, IntelliCorp Records

10:15 AM 11:00 AM

You can't consent to that! Consumer Choice and the Evolution of Consent

Processing personal information for screening in many countries requires the ‘consent’ or ‘authorization’ of the individual being screened. In other countries, consent may not be sufficient grounds to collect personal information, especially in an employment context. This session will provide participants with a layperson’s guide to the role consent plays in screening and the way the concept of consent has evolved in different jurisdictions. We’ll also discuss how to handle source-required consents when the end user or screener doesn’t have consent.

Kerstin Bagus, NetForce Global
Andy Hellman, Accurate Background
Mark Sward, Sterling
10:15 AM 11:00 AM

Monitoring - The New Frontier in Screening

 Monitoring has been a buzzword in our industry for years but yet it is still a misunderstood afterthought for CRAs. What monitoring solutions are CRAs selling? What data do they provide? How can the concept of monitoring be sold, and implemented? All of these questions are still being asked on a daily basis. We will walk you through the most common options available in the marketplace and how to make monitoring a core piece of your offering, not an afterthought.

Bryan Snow, Wholesale Screening Solutions
Craig Caddell, Wholesale Screening Solutions
10:15 AM 11:00 AM

* Screening Trends in the Gig Economy: How to Keep Up, Stay Compliant, and Drive Change

As more of the workforce seeks gig engagements, there is an ever-increasing need for background screening for gig workers. That demand has resulted in growing interest in continuous monitoring/screening, information sharing, and compliance with the nuances of gig-economy screening. In this session, we will discuss the screening needs of the gig economy, collaboration and innovation among end users in the gig economy, the best practices for staying compliant with the FCRA, DPPA and other laws, and emerging litigation trends surrounding screening of gig workers.

Esther McDonald, Seyfarth Shaw LLP
John Drury, Seyfarth Shaw LLP
10:15 AM 11:00 AM 2022 Mid-Year Meeting Exhibitor and Sponsor Selection Meeting  
11:00 AM 1:00 PM Lunch  
10:00 AM 1:00 PM Headshot Studio Open  
1:00 PM 5:30 PM Exhibitor Move out  
1:00 PM 1:45 PM

Stretching Your Outside Counsel Dollar: Strategies for Maximizing Your Legal Budget

Trying to figure out ways to stretch your legal budget but don't know what you can ask for? Join two experienced legal practitioners as we talk about different strategies for maximizing your legal spend. This panel will address a variety of cost strategies, from flat fee and other alternative fee arrangements for compliance projects to different approaches to litigation pricing. We also will cover how to prioritize your legal needs to focus your budget where it is most important.

Rebecca Kuehn, Hudson Cook LLP
Zachary Miller, Burr & Forman LLP

1:00 PM 1:45 PM

* Hot Tip: Tenant Screening Is The New Employment Screening

The old conventional wisdom—that tenant screening carries far less risk than employment screening—is under assault. We are seeing increased action at courthouses and in legislative/regulatory halls related to tenant screening, and that trend appears likely to intensify. This session—led by frequent PBSA presenter Scott Paler—will discuss how the legal environment is changing. Even more importantly, it will identify a series of areas that CRAs can reassess to better manage the growing risk.

Scott Paler, DeWitt LLP
1:00 PM 1:45 PM

Criminal Record Checks in Europe: Navigating the Murky Waters of Article 10

Under Article 10 of the GDPR, criminal history information is subject to special protections. How does this play out in practice for screeners, and where do the responsibilities for compliance lie? What conditions must be met to process criminal record information, and how do they differ from country to country?

Mark Sward, Sterling
1:00 PM 1:45 PM

Background Screening and the Legal Defensibility of Drug Testing

The legalization of marijuana in many states and corresponding restrictions on screening applicants and employees for drugs should make helping clients understand the importance of the legal defensibility of drug testing one of a provider’s top priorities. Background checks and drug tests are still legal in all 50 states. How employers conduct drug tests and what they do with the results of those tests will determine the difference between enjoying the benefits of your program and spending too much time defending its legal defensibility.

William Current, Current Consulting Group, LLC
1:00 PM 1:45 PM

The New Frontier in Resume Verifications: Standing still is not an option

The background screening industry has innovated for years taking a completely manual process to one that is now highly automated. Yet the one area that drives us to distraction is the manual approach to employment and education verifications especially when this static information has already been verified. The costs are spiraling, and the turnaround times cause our clients to question our abilities. How do we work together to achieve the same success with verifications as we have with all other background screening offerings?

Nick Fishman, SJV Data Solutions
Bill Wilder, SJV Data Solutions
Kirill Klokov, Citadel ID
Dror Gurevich, Velocity Career Labs
1:45 PM 2:00 PM PM Break  
2:00 PM 2:30 PM Annual Meeting & Town Hall  
2:45 PM 3:45 PM

General Session- From Vision to Reality: Practical Tips for Implementing Fair-Chance Solutions and Services

Fair chance hiring has emerged as a priority for the talent acquisition and background screening industries. Customers are asking their background screening firms for solutions that enable hiring ex-offenders while minimizing risk. Additionally, new statewide re-entry regulations are on the horizon. Successful CRAs should look to get ahead of the curve and develop business models for fair chance programs that are profitable and sustainable. This presentation provides practical advice and actionable steps CRAs and employers can take to implement fair chance hiring and prioritize this critical issue.

Krisy Bucher, Appriss Insights
Tim Gordon, InfoMart
3:45 PM 4:15 PM Closing Reception