2017 Annual Conference

Sessions

*Designates sessions approved as FCRA Basic Recertification PDCs

Keynote Address - Lessons in Leadership, Management and Customer Service. YOU Can Create Disney Magic Too!
Lee Cockerell, Lee Cockerell LLC
As the former Executive Vice President of Operations for the Walt Disney World Resort®, Lee knows what operational success looks like and he’s here with NAPBS to share some lessons in leadership with conference attendees. As EVP of Operations for Disney, Lee led a team of 40,000 cast members and was responsible for the operations of 20 Disney hotels, four theme parks, two water parks, a shopping and entertainment village and the ESPN sports and recreation complex. Prior to Disney, Lee spent over 20 years in executive management with the Marriott Corporation and Hilton Hotels. Don’t miss your opportunity to hear from Lee as he shares his experiences and learning points with attendees.
You will walk away from the session with:

  • The three most important ways to insure excellence
  • The four competencies for career success
  • Rethinking how you spend your time in all parts of your life
  • How to interview for passion, skill and attitude
  • The difference between management and leadership
  • The Chain of Excellence
  • The Four Customer Expectations
  • The Four Employee Expectations
  • Doing the hard things

Legislative Update
Francine Friedman, Akin Gump; Brent Smoyer, Smoyer Government Affairs

Legal/Compliance Track

A Conversation with the Federal Trade Commission
Rebecca Kuehn, Hudson Cook LLP; Robert Schoshinkski, Federal Trade Commission, Division of Privacy and Identity Protection
Join us for a conversation with Robert (Bob) Schoshinski, Assistant Director in the Division of Privacy and Identity Protection at the Federal Trade Commission. Becki Kuehn, Bob's predecessor, will be asking NAPBS' members burning questions, including the FTC's thinking on accuracy and the impact of reduced identifiers in public records, and how often a CRA should get a certification of permissible purpose from an end user.

*Can or Should Background Screeners Report Name and Address History on Consumer Reports to End-Users?
Sheri Fream, TransUnion; Jeff Garza, Data Diver Technologies, Inc.; Montserrat Miller, Arnall Golden Gregory LLP; Mark Weinberg, Data Diver Technologies, Inc.
This session will explore the permissible and appropriate use of name and address history during a background investigation and whether such information can be included in consumer report. Name and address history information—referred to as SSN Trace information, Social Trace or a Social Security trace—serves as a valuable locator tool for background screeners to establish jurisdictions to search for public records. But this tool comes with restrictions from the sources of that data and it is important for background screening companies to know.

*Don’t Let Your Audit Reports Become “Exhibit A” in Court: The Do’s and Don’ts of Conducting Audits to Manage Compliance & Litigation Risk
Rebecca Kuehn, Hudson Cook LLP; Jennifer Sarvadi, Hudson Cook LLP; Kavitha Subramanian, Hudson Cook LLP
For NAPBS members, ensuring FCRA compliance is central to business risk management. However, the way a company establishes procedures to manage and monitor FCRA compliance could increase future litigation risk. This presentation will cover the Do’s & Don’ts of establishing an internal and/or external compliance audit program, considering when to use in-house legal counsel or compliance resources, and when to hire external counsel & consultants. The presentation will discuss the pros and cons of hiring an outside counsel or audit firms to conduct routine business.

*End-User FAQs: What Do I Say When My Client Asks ________?
Pam Devata, Seyfarth Shaw LLP; Esther Slater McDonald, Seyfarth Shaw LLP; Courtney Stieber, Seyfarth Shaw LLP
End-users are increasingly seeking advice on FCRA compliance from their background check providers, which can muddle the line between end-user and CRA statutory obligations, exposing CRAs to potential lawsuits for simply servicing its customers. In this interactive session, we will explore several frequently asked questions posed to CRAs by their end-users, role-play commonly asked end-user questions and responses, and discuss best practice responses to ensure your CRA can meet its customer’s expectations and simultaneously protect your CRA from risk of liability.

*FCRA Cutting-Edge Compliance Issues and Litigation Trends
David Anthony, Troutman Sanders LLP; Cindy Hanson, Troutman Sanders LLP; Timothy St. George, Troutman Sanders LLP
Litigation under the FCRA, including cases against background screening companies, continues to rise. Those litigation trends can provide valuable lessons for companies in structuring their compliance programs, as well as in defending cases once they are filed. This session provides an overview of current cutting-edge litigation and compliance topics, including recent issues regarding file disclosures, the standards for a consumer to claim that he or she has been “harmed” under the U.S. Constitution, and trends regarding putative class actions.

*Happy Hour with Pam
Pam Devata, Seyfarth Shaw LLP

*If You Named Me General Counsel Tomorrow...Where Would I Start?
Scott Paler, DeWitt Ross & Stevens S.C.
Good in-house attorneys help companies to identify legal compliance priorities, fight fires, and appropriately balance the business side with the legal side. This is no easy job! Whether your company is large enough to have a General Counsel or not, it's useful to assess your company's positioning by "thinking" like one. During this session, experienced background screening attorney Scott Paler will provide his thoughts on what issues he would tackle if named General Counsel tomorrow.

I’ve Been Sued! Now what? How to Improve Your Chances of Success and Keep Costs Under Control
Henry Chalmers, Arnall Golden Gregory LLP; John Papianou, Montgomery McCracken Walker & Rhoads LLP; Stephanie Morgan, backgroundchecks.com; Matt O'Connor, First Advantage Background Services Corp.
Regardless of your company’s size, the plaintiff’s bar has you in its crosshairs. Knowing what to expect when you’re sued, and how best to work with your outside counsel to mount a strong defense, can make a huge difference to the eventual outcome. This presentation will provide a high level overview of what you can expect once you’re sued, the steps your company will need to take in order to successfully defend itself, and strategies for working with your outside counsel to maximize your chances of success. Emphasis will be placed on data involving recent cases, settlements, and litigation trends. This unique presentation will be given from the perspectives of both the CRA and defense counsel.

*Responding to Consumer Inquiries or Disputes
Larry Henry, Rhodes Hieronymus
This advanced session deals with the FCRA and state requirements regarding file requests and disputes. Learn about the states requiring special notices and what must be produced. We will also cover the proper dispute process for resold and originating consumer reports and how a dispute intake process should work including claims of identity theft. Other topics include the selection of personnel to handle disputes, tips on how to investigate disputes, frivolous disputes and the proper subject matter for a dispute.

*What Staffing Companies Want (and Don’t Realize They Need Yet) in Screening
Jennifer Mora, Seyfarth Shaw LLP; William Simmons, Littler Mendelson PC
At NAPBS mid-year, we introduced the complicated compliance issues in employment screening when your customers are staffing agencies or have other third-party employment relationships. In this follow-up, we’ll get down to brass tacks: what solutions staffing companies want, what solutions they might not realize they need yet, and how a CRA can best meet those asks and add value without unduly undermining compliance. The session will be informed by benchmarking from our related presentation to staffing agencies across the country at the 2017 Littler Executive Employer.

Who’s Eyeing Your Forms I-9?
Dave Basham, U.S. Citizenship & Immigration Services, Department of Homeland Security
Dave covers a host of in-depth areas and answers your questions about the Form I-9, Employment Eligibility Verification; the differences in the fillable version versus the paper copy; and other "in the weeds" areas that will assist you with your Form I-9 processes and compliance.

Business Track

5 Essential Tactics to Grow Your CRA
Bruce Berg, Berg Consulting Group
Is growing your business a priority for you this year? Sit in on this session where Bruce will share tactics you can act upon. Attendees of this presentation will walk away with the keys for evaluating current business performance, business growth drivers that matter and best practice recommendations

Document Verification and Facial Recognition: Authentication for the #selfie Generation
Ken Crowl, Experian
With username and password becoming less secure as a method to ensure identity, other alternative factors are being used. With employees having to submit documents for I-9 verification, how can one do this remotely but still be certain the documents are legitimate? This presentation will discuss the use of document verification technology used in conjunction with facial recognition as a method to provide a stronger level of identity proofing. Additionally, the government, through the National Institute of Standards in Technology (NIST) is looking to require document verification.

End Users: The Benefits of Collaboration
Rebecca Weiser, The Boeing Company; Nikki Holton, Eli Lilly and Company; Diane Sausman, The Boeing Company; Mark Williams, University of Delaware
The End User Advisory Group invites you to come learn about the history of the group and how collaborating with end users can benefit your business as a CRA. This session will include an overview of the group, an introduction to some of the members, and will conclude with a Q&A opportunity.

Getting Ahead of the Trends that Put Your Organization’s Information Security, and the Organization Itself, Most at Risk
Phil Gordon, Littler Mendelson PC
Consumer reporting agencies maintain a treasure trove of personal information that, if compromised, would put them, their end users and the subjects of investigations at substantial risk. That risk continues to grow as hackers perpetrate ever more sophisticated social engineering, CRAs increasingly rely on employees’ use of personal devices for work (“BYOD”), and end-users become more demanding when negotiating over information security in end-user agreements. This session will explain these trends and provide practical solutions for getting ahead of them.

Getting Out of Your Comfort Zone: Top Tips for Owning the Public Speaking Stage
Vince Brodt, SJV & Associates
Have you ever had the opportunity to speak in public? Was that met with any sense of worry, fear, anxiety, or stress? If so, don't worry, that's normal, and this is the session for you! Attend this educational course to learn public speaking best practices to help you overcome your fear of the stage. Tips will include how to draft an outline for a speaking event, the figure 8 technique for engaging the crowd, examples of pattern interruption, etc.

Retention, Retention, Retention: 5 Keys to Winning AND Retaining Customers
Bryan Snow, Wholesale Screening Solutions
It is 6 times more expensive to attract a new customer than it is to retain an existing client. Not only that, but 97% of consumers say there is one thing that matters most to staying with their current provider. In this engaging presentation, learn to not only win more clients but retain more clients as well. Learn how to set and manage expectations, how to meet and exceed expectations and how to create a partnership level relationship. Win more, retain more.

The Customer Rules
Lee Cockerell, Lee Cockerell LLC
Join us for an interactive session with our morning keynote presenter, former Executive Vice President of Operations for the Walt Disney World Resort®, Lee Cockerell. Building off of the keynote address, this breakout session is an opportunity for attendees to engage with Lee and take home some additional lessons in customer service, management and leadership.
Learning Points:

  • Why customer service follows the law of gravity
  • Why customer service is not a department
  • Why your team is your brand
  • Doing what others don't do
  • Creating Magic in training
  • Everyone's role in the show matters
  • Why culture is everything
  • Being better than everyone else
  • Excellence is a state of mind

Using Video to Promote Your Business
Craig Caddell, ClearStar Inc.
Introduce your company, products, and services using video but don’t screw it up! It’s easy to underestimate the effort it takes to conceive of, script, and execute on a visual story. Together, we will critique videos I have produced and several others found on YouTube. By the end of this session you will know what pitfalls to avoid, and the basics on how to make a successful and memorable product video.

You Built Your Company. What's Next?
Cherie Homa, HighBank Advisors; Billy Goldstein Sterling Talent Solutions; Jason Morris, Sterling Talent Solutions
Join Cherie Homa and team to learn what to ask when you’re considering future options for your company, including a sale. Panelists include an investment banker, an active buyer and a recent seller. They’ll uncover and demystify the financial, emotional and career aspects of the sale of a company. You’ll learn about the sale process, the current M&A environment, how to evaluate your options, what you need to prepare when considering a sale, what buyers look for, and how to maximize your value.

International Track

GDPR: Steps to Meet Key Requirements
Kerstin Bagus, ClearStar Inc.; Kevin Coy, Arnall Golden Gregory LLP
This session will review of key areas that any screener, worldwide, will need to address in order to meet the new General Data Protection Regulation, which is effective May 25, 2018. We will cover the main requirements as well as provide high level steps to bring your organization into compliance.

Making the Global Candidate Screening Process Candidate Friendly
Kerstin Bagus, ClearStar Inc.; Andy Hellman, ClearStar Inc.; Chris Glencross, Sterling Talent Solutions
Operationalizing global screening has focused on how to get the searches done. But what about the experience from the candidate’s side? A growing number of end-users are pushing for a screening process that is friendly and easy for the candidate. Candidates see the application process as a measure of the potential future relationship with the employer or housing provider. This session will review areas of focus that can add (or detract) from a good candidate experience.

Risks in Freelancing Gig Economy
Kannan Chettiar, Avvanz Pte Ltd.
The digital revolution (Industry 4.0) is creating a shift in the type of employment of freelancers in the gig economy. The trend is gaining huge momentum globally as per McKinsey's studies. From a consumer's standpoint, there are obvious risks in procuring services from such independent service providers. There have been a host of liability claims and lawsuits. Unfortunately, not all digital platforms assume accountability of such mishaps and the onus falls on the independent service providers who need to undertake due diligence. Kannan will speak on the HOW.

Drug Testing Track

Drug & Alcohol Testing Compliance Minefield: Your Road Map to Success
Bill Judge, Encompass Compliance Corp.
With more than 600 state laws, 12,000+ court & agency rulings and 22 states that have mandatory rules that impact workplace drug & alcohol testing, how confident are you that your company is compliant and not at risk? The minefield of compliance rules employers face is immense, ever-changing and costs employers MILLIONS each year for violations. This session will highlight the cost of non-compliance, state-specific nuances and provide a roadmap for a compliant substance abuse testing program!

Legalized Marijuana - The Untold Reality
Nina French, The Current Consulting Group LLC
Legalized marijuana is likely to cost US Employers billions of dollars each year and yet, the overwhelming majority of taxpayers are in support of legalization. Join us to understand the unorthodox path to legalization in the United States and the cost to taxpayers and employers over the next 20 years. This session will provide attendees with new insight into the legalization effort and explain the impact to employers and screeners.

Sell More Drug Testing
Joe Reilly, National Drug Screening
Sell More Drug Testing is an informative presentation to help background check providers do exactly what the title says. With 24 years’ experience in the drug testing industry, Joe Reilly says, “Knowledge is Power” and increased knowledge can lead to increased sales. Your customers are asking for drug testing! The question is are you efficient in providing the best possible services that are in compliance with DOT regulations and State and local laws?

Tenant Track

*Tenant Screening Basics: What Do You Need To know?
Scott Paler, DeWitt Ross & Stevens S.C.
This session will provide a useful introduction for new background screening companies or background screening companies entering the tenant screening space for the first time. It will address issues such as: (1) What type of consent is required? (2) Is the type of consent required different than what is required in the employment arena? (3) Must property management companies send out adverse action letters if they intend to take action based upon a background screening report? (4) What reporting time limits apply to tenant screening checks?