2021 Mid-Year Legislative & Regulatory Conference

Schedule of Events

Tentative Schedule of Events as of 1/22/21

Tracks:       Legal Compliance       Business       International       Drug Testing       Tenant Screening       FMCSA

Monday, April 19, 2021

10:30 AM - 11:00 AM Opening Ceremony
11:00 AM - 12:00 PM 2021 SPECIAL KEYNOTE ADDRESS – PBSA is bringing back an attendee favorite to kick off our 2021 Virtual Mid-Year Conference. Please see member announcements or contact PBSA staff directly for more on this special keynote address!
12:00 PM - 12:15 PM Break - Networking Tables Open
12:15 PM - 12:45 PM

What's the Big Deal with Sharing Reports?

Sharing reports can save time and money.  Users may want to share reports for business reasons, and CRAs may want to meet users' business needs.  But, if not done properly, sharing reports can expose users and CRAs to potential liability to consumers and perhaps others.  In this session, participants will learn about scenarios in which reports may be shared, the risks and benefits of sharing reports, and things to consider when deciding whether, when, and how to share reports.  This session contains information helpful to users and CRAs.

Esther Slater McDonald, Seyfarth Shaw LLP
Nicole Campion, General Information Services
Jamie Pelchat, HireRight

12:15 PM - 12:45 PM

When Mars & Venus Align: Successful Customer / Vendor Relationships

Whether you are an end user, screening company, or supplier to the industry, customer-vendor relationships are a fact of doing business. Learn from two industry veterans on how to make the relationship work. This session will outline key factors that make this a successful relationship.

Kerstin Bagus, NetForce Global LLC
Andrew Hellman, Accurate Background

12:15 PM - 12:45 PM

Canadian Privacy Laws: Is 2021 the Year of Change?

2021 is already shaping up to be a year of significant change in the privacy landscape in Canada. Major updates to federal and provincial laws and new guidance from privacy regulators mean CRAs doing business in (or with) Canada need to be tuned in. This session will provide a short background on Canadian privacy laws and an in-depth exploration of known and expected changes. We will review what we know, what we don't know, practical tips to prepare for compliance, and some positive news for the industry.

Mark Sward, Sterling
Michelle Leblond, PlusOne Solutions

12:45 PM - 1:15 PM Vendor Demo
Baxter Research
12:45 PM - 1:15 PM Lunch - Network Tables / Sponsor Showcase
1:15 PM - 1:45 PM

Why You Need a FCRA Compliance Manual and What It Should Include

The FCRA requires CRAs to have many “reasonable” or “strict” compliance procedures, such as “reasonable procedures to assure maximum possible accuracy”.  CRAs who include these procedures” in FCRA Compliance Manuals are well suited to defend FCRA lawsuits. Liability often hinges not on the error, but on the CRA’s failure to maintain reasonable procedures to avoid the error. A properly drafted FCRA Compliance Manual gives a CRA the high ground in this battle. Learn how to draft a Manual and what it should include.

Joseph Messer, Messer Strickler Ltd.

1:15 PM - 1:45 PM

Adapting to Change: How Adverse Media is Becoming the Norm in Mitigating Risk for Your Clients

2020 showed us the importance of not having all your eggs in one basket and the importance of diversification of services offered to customers. One service that has seen increased demand is adverse media for risk mitigation purposes and as part of due diligence and KYC/AML processes. Particularly in the financial space, adverse media can expose legal, reputational, and strategic risks. This session will explore this service offering and the legal and compliance parameters around this service from a business and legal perspective.

Montserrat Miller, Arnall Golden Gregory LLP
Amy Barbieri, Vital4

1:15 PM - 1:45 PM

Why Drug Testing: The Future of Workplace Drug Testing in the "New" Normal

According to an annual study by one major drug testing laboratory, workplace drug testing positivity rates climbed to their highest levels in 16 years in 2019 and since the start of the pandemic, anecdotal reports indicate that substance abuse levels have gone up even higher in 2020.  Workplace drug testing has, perhaps, never been more important and being able to explain why in a convincing way to clients and prospective customers will make the difference between losing ground to competitors or growing revenue and profitability.

Bill Current, Current Consulting Group, LLC

1:15 PM - 1:45 PM Vendor Demo
SJV Data Solutions
1:45 PM - 2:30 PM Sponsored Table Networking
2:30 PM - 3:00 PM

The Fresh Sales, Marketing and Operational Strategies That Will Increase Profits And Make 2020 A Distant Memory!

While 2020 is behind us, its effects aren’t. For most, increased sales and marketing efforts are needed to diversify the client base, recoup lost revenue, and stabilize the business. And smart organizations will look at their cost structure, to mitigate volume fluctuations, reduce operational complexity and leverage new technology. This straight forward, educational and most importantly, practical session means attendees will walk away with actionable, easy to implement ideas to acquire new clients, increase revenue from existing clients, and create an immediate impact on your bottom line!

Jason Morris, Morris Group Consulting, LLC
Kevin Bachman, The CRA Doctor
Dave Jefferies, The WPM Group

2:30 PM - 3:00 PM

Matching: Beyond the Basics

Lawsuits challenging the inaccuracy of consumer reports are the most frequent form of litigation seen under the FCRA.  2019/2020 also saw increased regulatory attention to the topic of matching, with an emphasis on specific situations that are more prone to lead to inaccuracy claims.  This presentation will focus on compliance tips for difficult matching questions.

David Anthony, Troutman Pepper Hamilton Sanders LLP
Cindy Hanson, Troutman Pepper Hamilton Sanders LLP
Timothy St. George, Troutman Pepper Hamilton Sanders LLP

2:30 PM - 3:00 PM

Navigating the New EU Standard Clauses & Recipient Assessments

Following the July 2020 Judgement from the Court of Justice of the European Union in the "Schrems II" case, a new requirement has been added for an assessment to be conducted to confirm the level of protection provided in the third country meets EU requirements. This session will explore means of conducting and documenting such assessments. We will also review the newly released versions of Standard Contractual Clauses and provide information on their completion.

Kerstin Bagus, NetForce Global LLC
Kevin Coy, Arnall Golden Gregory LLP
Mark Sward, Sterling

2:30 PM - 3:00 PM Vendor Demo
3:00 PM - 3:30 PM Sponsor Showcase Open
3:30 PM - 4:00 PM

General Session - PBSA’s Open Records Win at the Arkansas Supreme Court

Counsel for PBSA in the Arkansas lawsuit against Bentonville District Court Judge Jennifer Jones will discuss PBSA’s win before the Arkansas Supreme Court. The panelists will address the constitutional, statutory and common law foundation for open access to court records and how officials in some states have tried to improperly and illegally curtail access to this information. The panelists will address PBSA’s successful approach in Arkansas and how it may be used in other jurisdictions. The panelists will explain that the threat posed by overreaching state officials is not limited to Arkansas, but highlight tools available to members to ensure access to business-critical information.

Zach Miller, Burr & Forman LLP
Travis Ramey, Burr & Forman LLP

4:00 PM - 5:00 PM

General Session - GR Update

Jamie Tucker, Akin Gump
Brent Smoyer, Smoyer Government Affairs
Jose Dimas

5:00 PM - 6:00 PM Happy Hour Lounge


Tuesday, April 20, 2021

10:30 AM - 11:00 AM General Session - Day 2 Opening Ceremony
11:00 AM - 12:00 PM

General Session

Pam Devata, Seyfarth Shaw LLP

12:00 PM - 12:15 PM Break - Networking Tables Open
12:15 PM - 12:45 PM

Recent Trends in Criminal Screening

Lawsuits against CRAs and background screeners continue to rise, and claims about inaccurate criminal records reporting are often the costliest claims. In this session, you'll learn about recent rulings on criminal records reporting, what to include in criminal records components, how to match records, and other tips to increase accuracy and reduce litigation risk.

Esther Slater McDonald, Seyfarth Shaw LLP
Conner Bateman, Seyfarth Shaw LLP

12:15 PM - 12:45 PM

Is Your SOC Exam Working for You? Practical Advice on Getting the Most from the SOC and Tops on Reading a SOC Report and Preparing Your Organization fro SOC 1, SOC 2 and GDPR Compliance

Jackie Drziak, All in Compliance
Sachin Kawalker, CISO Neeyamo, Inc.
Shradda Deshpande, Neeyamo Inc.

12:15 PM - 12:45 PM

Getting Schooled on Global Verifications: A Look at Challenges Around the World

While employment and education verifications are similar in many countries, there are a few countries where there are significant differences. Whether due to specific processes in that country, or high rates of falsified sources or results, there is increased risk if the process does not address these challenges. This session will review key countries (US, India, Philippines, and China) where we see the most issues. We will address ordering requirements, fulfillment processes and methods to address falsification risk.

Kerstin Bagus, NetForce Global LLC
Andrew Hellman, Accurate Background

12:45 PM - 1:15 PM Vendor Demo
12:45 PM - 1:15 PM Lunch - Network Tables / Sponsor Showcase
1:15 PM - 1:45 PM

The CPRA will replace the CCPA in California.  And, the FCRA Exemption Still May Not be Enough!

Just as organizations are starting to figure out how to comply with the new California Consumer Privacy Act (CCPA), along comes Proposition 24, the California Privacy Rights Act (CPRA). The CPRA replaces and significantly modifies the CCPA. We'll explore what changes, what stays the same, and the extent to which CRAs can rely on the FCRA exemption. We’ll cover practical tips on how you can tweak your CCPA compliance efforts to comply with CPRA.

Mark Sward, Sterling
Montserrat Miller, Arnall Golden Gregory LLP
Erin Doyle, Arnall Goldern Gregory LLP

1:15 PM - 1:45 PM

Fair Chance Screening

A racially biased criminal justice system has disproportionately impacted communities of color in the U.S. and created significant barriers to employment for the formerly incarcerated. This data-driven discussion will explore racial bias in our criminal justice system, the role of arrest and conviction records in screening, prisoner reentry programs such as fair chance hiring, and legislation such as ban the box, as well as guidance on mitigating racial bias in the candidate screening process.

Krisy Bucher, Appriss Insights
W. Barry Nixon, PreemploymentDirectory.com
Lester Rosen, Employment Screening Resources
Rachel Theisen, InCheck, Inc.

1:15 PM - 1:45 PM

Compliance Priorities for Tenant Screeners to Reduce Regulatory and Litigation Risk

Tenant screeners already face an increased risk of litigation, and with a new administration comes the prospect of (even more) stepped up enforcement by the FTC and the HUD.  Join experienced litigation and regulatory counsel to learn the top areas of risk for tenant screeners based on lessons learned from litigation, regulatory investigations, and other intel from the front lines.

Rebecca Kuehn, Hudson Cook LLP
Ronald Raether, Troutman Pepper Hamilton Sanders LLP

1:15 PM - 1:45 PM Vendor Demo
Data Diver Technologies
1:45 PM - 2:30 PM Sponsored Table Networking
2:30 PM - 3:00 PM

State of the States

This presentation by Chad Kaldor and Bill Simmons from Littler Mendelson, P.C. focuses on compliance with state and local law requirements that differ from the more familiar FCRA requirements. Chad and Bill will cover, among other things, nuanced state and local laws restricting the reporting of certain information, governing file disclosure requests, and requiring additional disclosures and pre-adverse and adverse notices. Please join us for this deep dive into these often overlooked provisions.

Chad Kaldor, Little Mendelson, P.C.
William Simmons, Littler Mendelson PC

2:30 PM - 3:00 PM

Navigating FMCSA’s Pre-Employment Screening Program and Clearinghouse

Pre-Employment Screening Program (PSP)
NIC Federal, LLC manages the Pre-Employment Screening Program (PSP) on behalf of the Federal Motor Carrier Safety Administration (FMCSA).  PSP allows employers of commercial drivers to access drivers 5-year crash and 3-year inspection histories during the pre-hire process.  Drivers records come directly from the FMCSA Motor Carrier Management Information System (MCMIS).

Clearinghouse- A map for compliance and tools to navigate the roadblocks
All employers or their authorized agents (like CRAs) must query the FMCSA Drug & Alcohol Clearinghouse database for violations by current and prospective employees and furnish information about violations.  FMCSA says Clearinghouse reports are not consumer reports.  Can you trust FMCSA?  In this session, we’ll discuss how Clearinghouse works, how to comply with Clearinghouse regulations, and how the FCRA and related laws interact with Clearinghouse. We’ll also discuss business and legal considerations for users and CRAs to consider when using Clearinghouse

Yvonne Glover, NIC Federal, LLC
Connor Bateman, Seyfarth Shaw LLP

2:30 PM - 3:00 PM

Impacts of 2020 Election Results on Workplace Drug Testing

As marijuana legalization continues to spread, drug testing programs must balance safety with off-duty use. The need is especially urgent for highly safety-sensitive industries, multi-state employers, and those industries with higher incidents of drug and alcohol use. Join Nina French and Doug Boxer for an overview of changes and developing trends in marijuana drug testing. The presentation will cover the impact of these laws on the workplace and provide technology updates on a tool that helps employers promote SAFETY + FAIRNESS™.

Nina M. French, Hound Labs, Inc.
Doug Boxer, Hound Labs, Inc.

2:30 PM - 3:00 PM Vendor Demo
3:00 PM - 3:30 PM Chat with Our Session Presenters
3:30 PM - 4:30 PM

General Session - Time to Tango with Two "New" Service Offerings: Continuous Monitoring and Social Media Checks

Many CRAs seem unsure whether two of the industry’s freshest service offerings (continuous monitoring and social media checks) are worth pursuing. They instinctively sense both risk and reward. This webinar—led by attorney and frequent PBSA presenter Scott Paler—will help CRAs think through key issues. Why are these types of checks worthy of consideration? Are the risks higher? What steps can CRAs take to manage the associated risks? How can CRAs decide the “right time" to dive in?

Scott Paler, DeWitt LLP

4:30 PM - 5:00 PM Happy Hour Lounge