2018 Annual Conference


*Designates sessions approved as FCRA Basic Recertification PDCs

Keynote Address - Crossing the Generational Divide
Matt Beaudreau, The Center for Generational Kinetics
For the first time in history, four generations are working side by side—and a fifth generation is on the way. Each generation brings different strengths, values and communication styles to the workplace. These differences can be challenging or a strategic opportunity depending on how industry leaders respond. In Crossing the Generational Divide, Matt entertainingly reveals each generation’s workplace mindset and strengths. He shares surprising statistics, laugh-out-loud stories, and frontline-tested strategies that quickly drive results across generations. Attendees are guaranteed to leave motivated to act with ready-to-use tools they can apply immediately.

Legislative Update
Francine Friedman, 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. Walk away with an understanding of the current legislative landscape that impacts your business. This is a session you cannot afford to miss.

International Track

GDPR Is Here - Where Are We Now?
Kerstin Bagus, ClearStar Inc.; Kevin Coy, Arnall Golden Gregory LLP
The new EU privacy regulation GDPR is in force and it brought a lot of changes to our industry. It's a new regulation, for companies and regulators. This session will cover what we have learned to date about the regulation, how it's being implemented and enforced, and some key areas of interest for NAPBS members.

Common Ground: Exploring Global Screening Challenges and Solutions
Grégoire Chevallier, iCOVER; James Osborn, iCOVER; Jenny Reid, iFacts; Shania Shoukat, Ingenioustribe Global Solutions; Summa McCosker, People Check PTY LTD (Moderator)
Join speakers from Europe, Pakistan and South Africa as they explore common challenges and ways to meet global screening needs. You will gain understanding and insight into the screening requirements and regulations of these regions.

The Ontario Police Record Checks Reform Act: How it Changes (And Doesn't Change) Background Screening in Canada
Mark Sward, Sterling Talent Solutions
The Police Record Checks Reform Act (also known as Bill 113) comes into effect on November 1. This session will go over the details of the law, the political backdrop that led to its enactment and eventual proclamation, how it changes background screening in Ontario and elsewhere in Canada, how background screeners and customers are complying, and what expectations are after the June provincial election.

Whose Data is it? The Roles of Controller and Processor in Background Screening, Pre and Post GDPR
Kerstin Bagus, ClearStar Inc.; Mark Sward, Sterling Talent Solutions
European data protection law defines "data controllers" and "data processors" and assigns different responsibilities to each. Which is which in the screening context, and what are the implications one way or the other? How can a screener ensure their interests are protected and they are not pushed by a customer into accepting too much risk? Watch a debate between a background screener, intent on being defined as a processor, and a customer hoping to pass some additional responsibility on their service provider through co-controllership.

Legal/Compliance Track

A Behind the Scenes Look at Mediation
Hon. Diane M. Welsh (Ret.); Cindy Hanson, Troutman Sanders LLP
Hon Diane M. Welsh has mediated thousands of cases, including many FCRA cases. Join us for a discussion of her experiences and insights. Hear what the mediator is thinking when she is listening to the various sides, and how she attempts to bridge gaps and bring a case to successful resolution. Discussion will focus on providing background screeners with the tips and tools necessary to prepare for a mediation (what works and doesn’t work) and appropriate expectations to set.

Blocking and Tackling: Defensive Techniques for Defending the Newest Litigation Theories and Regulatory Concerns
Pamela Devata, Seyfarth Shaw LLP
Whether you are new to the industry or a veteran background screener, this session is for you. Though the statute has remained the same, regulations and litigation have not. Interpretations under the law are constantly changing. Come learn about the newest theories to protect your company.

Contracts, Contracts, Contracts: How to Protect and Advance Your Business Through Services Agreements
Henry Chalmers, Arnall Golden Gregory LLP; Megan Mitchell, Arnall Golden Gregory LLP; Lisa Payrow, Arnall Golden Gregory LLP
Services Agreements are necessary to your business, but they can wreak havoc if not correctly drafted. Based on their experience advising screening companies large and small, the panelists will discuss key considerations for your services contracts, including: scope of services, end-user templates, indemnification, limitation of liability, default and termination, and end-user FCRA certifications. They will also discuss how careful drafting can protect screening companies, how customers try to use clauses against screeners, and how screeners can defend themselves against breach of contract claims. 

Data and Document Retention: The Advantages and Risks of Data Retention
Jennifer Sarvadi, Hudson Cook LLP; Jeanette White, CoreLogic, Inc.
There is a tension between retaining data and records for compliance purposes and the inherent risk that information carries. Clients increasingly demand or rely on CRAs to retain copies of reports for the client’s own retention needs or analytics. CRAs query whether such information constitutes part of a “file” requiring disclosure to a consumer. May a CRA re-use that information? If so, for what purpose? How long should you keep different kinds of information anyway? The presentation will discuss data retention practices in today’s evolving compliance environment.

*Disputes Dos and Don'ts: Best Practices and Pitfalls For FCRA Compliance
Courtney Stieber, Seyfarth Shaw LLP; Robert Szyba, Seyfarth Shaw LLP
Processing consumer disputes is a more intricate process than the Section 1681i framework implies, and the information you can learn from disputes is integral to ensuring reasonable procedures to ensure maximum possible accuracy.  We will cover the nuts and bolts of a CRA's obligations in reinvestigating and responding to a consumer’s dispute. Our session will cover the "dos" and "don'ts" of disputes, including training, auditing, and common pitfalls of what goes wrong. And, we will discuss how to use disputes to improve your policies and procedures.

*Island of Misfit Toys: How Does the FCRA Apply to FINRA Onboarding, Vendor Credentialing, Volunteers, Independent Contractors, and Other "Not Quite Employment" Circumstances (If at All)?
Rebecca Kuehn, Hudson Cook LLP; Julie D. Hoffmeister, Troutman Sanders LLP
Must you use a consumer report when performing a criminal background check on a potential vendor? What about the screening needed for FINRA broker/dealer compliance? The FCRA applies to criminal record background reports for determining eligibility for employment or housing, but there are several uses that do not clearly fit with the FCRA's definition of consumer report. This presentation will cover the state of the case law and regulatory guidance and discuss compliance strategies for the delivery of reports that don't quite fit.

Lessons From a Plaintiff's Attorney: Compliance and Avoiding FCRA Litigation
Erin Novak, Montgomery McCracken Walker Rhoads LLP
FCRA lawsuits, especially class actions, are pervasive, lengthy and expensive. Despite the industry's attention to FCRA compliance, CRAs and wholesalers still find themselves defending allegations they have violated the FCRA. Why? Find out from a seasoned Plaintiff's lawyer, turned industry-defender, who will provide lessons from the plaintiff's bar that every CRA and wholesaler can use. This presentation will discuss nationwide litigation trends, tactics used by the plaintiff's bar and the ways that companies can help protect themselves from FCRA lawsuits.

Litigation and Compliance in Background Screening: The Business Perspective
David Anthony, Troutman Sanders LLP; Cindy Hanson, Troutman Sanders LLP; Timothy St. George, Troutman Sanders LLP; Jeanette White, CoreLogic Inc.
This presentation is a panel discussion between Troutman Sanders LLP and Jeanette White, Esq., Associate General Counsel of CoreLogic, Inc. The panel will discuss ways in which litigation risk is minimized, litigation is handled, regulators are addressed, and how such issues are implemented with the help of outside counsel and business teams.

The CRA Guide to Social Media Hiring Policy
Julie Hakman, AmericanChecked Inc.; Bianca Lager, Social Intelligence; Montserrat Miller, Arnall Golden Gregory LLP
With social media background screening on the rise, end users are asking for advise on developing a hiring policy based on compliant social media reports. This session will reveal key insight on how to guide the social media hiring policy discussion including what specific resources to master and how to make sound resources available without providing adjudication. 

*The Seven Biggest Compliance Questions All CRAs Should Be Asking
Scott Paler, DeWitt Ross & Stevens S.C.
The legal landscape surrounding the background screening industry continues to evolve.  Often background screening companies are left with an uneasy feeling--where should we focus our time, attention, and resources?  This session--led by attorney and frequent NAPBS speaker Scott Paler--will identify the most significant compliance and risk management questions facing screening companies today.  It will also provide a road map for thinking through each question, offer concrete tips for selecting the best path forward, and take follow-up questions from the audience.  

You've Got Questions - They've Got Answers
David Anthony, Troutman Sanders LLP; Pamela Devata, Seyfarth Shaw LLP; Rebecca Kuehn, Hudson Cook LLP
Our last session of the conference includes a full panel of top FCRA attorneys that you can’t afford to miss.

Business Track

Artificial Intelligence and Blockchain in Hiring and Background Screening
Rick Barfoot, HRNX Integrations; Kannan Chettiar, Avvanz Pte Ltd
Industry 4.0's dimensions which include Artificial Intelligence and Blockchain have a large role to play in talent acquisition and background screening. These technologies will hugely disrupt the space and this has started as we talk about it. In this exciting and interactive seminar, we will speak about these innovative technologies and let you take a peek into how breathtaking changes can happen in our space.

Best Place to Work: Designing an Engaged Company Culture
Tammy Cohen, InfoMart
There are books and webinars on the power of employee engagement. However, these programs are traditionally designed for fortune-sized companies and can be hard for smaller businesses to deploy and maintain. Backed by her own 20+ "Best Place to Work" awards, Cohen equips her audience with the steps to design a robust engagement program. Learn to effortlessly recruit volunteers, maintain the program, and watch employees fall in love with their jobs. Attendees walk away with immediate ideas and action items, including five employee-led committees.

Best Practices to Protect Against Cyber Attacks And Liability
Matthew Berkowitz, Carr Maloney P.C.; Brett Bogan, RELX Group
Background screeners possess and maintain sensitive information about third-parties and may face extensive liability and significant exposure as the result of a cyber attack or data breach. The presentation will highlight the recent alarming cyber attacks and data breaches affecting some of the world's largest companies. We therefore will explain the risks that background screeners face and will provide background screeners with the best practices to protect their companies and third-party data from cyber attacks and data breaches.

Building, Scaling, Marketing and Growing your CRA
Nick Fishman, Nick Fishman, LLC; Jason Morris, Morris Group Consulting, LLC
This session will teach owners and executives of CRAs how to grow and scale their operations to compete in the current business environment. It's 2018 and the way we market and scale our operations has changed considerably in just the past few years. Automation of your marketing plans and operations is not longer a want, it's a need! Learn from industry experts and pioneers, Jason Morris and Nick Fishman formerly of EmployeeScreenIQ on how to be the best in our current business climate.

Managing Expectations Between CRAs and End Users
Don Place, Raytheon Company; Susan Smith, CarMax; Rebecca Weiser, NAPBS End-User Advisory Group
The End User Advisory Committee invites you to come learn about why managing expectations is important, who panel members believe should be involved and how the process of managing expectations might occur. This session will include an introduction to some of our members, a focus on managing expectations and will conclude with a Q&A opportunity.

Drug Testing Track

Drug Screening: Separating Facts From Myths
Todd Shoulberg, ClearStar, Inc.
Join us as we look at the most common questions, myths, and urban legends surrounding drug screening. We delve into the details of second-hand marijuana smoke, poppy seed muffins, certain time frames to get drug tests completed, and much more during this educational presentation. You will also be given the opportunity to ask all of those questions you have been holding on to, and it's ok to start it with, "I'm asking for a friend."

Drug Testing Trifecta: DOT Changes, Opioid Epidemic, and MRO Challenges
Tom Fulmer, National Drug Screening, Inc.
This session will discuss the 2018 implementation of changes to the DOT testing panel and MRO requirements, how employers and service agents are responding to the prescription abuse and marijuana legalization issues (as well as opportunities to increase sales), and the importance of the MRO especially in light of the hold period on the issuing of safety concerns. Many service providers are now uncertain how to best handle the new changes and many are missing out on prime opportunities.

International Drug Testing Policy: A Comparison of International and United States Policy, Procedures and Practice
Nina French, The Current Consulting Group, LLC
Comparing drug and alcohol testing policy and procedure in the United States with the rest of the world language is not the only difference.  Where drug and alcohol may be common practice in much of the United States, it needs to be clear that the world landscape sees things very differently. In addition to consulting the laws where you do business, consideration must be given to the culture of employee rights.  This training will focus on differences between drug and alcohol testing in the US and internationally.

Tenant Track

Tenant Screening: Enforcement News and Updates
Nancy Lynn Roberts, PeopleFacts
Join Nancy Lynn Roberts as she shares the changing enforcement environment, and what it means not only for clients but for tenant screening firms as well. In short, HUD issued about five documents in 2016 and has kicked into gear a new enforcement effort that certainly has a variety of clients and screening firms waking up to their obligations under the Fair Housing Act. While the funding for HUD has not increased greatly since that time, they are getting wiser and more targeted in their enforcement efforts so as to be more effective with the dollars they are being given.

Your Client Is the Subject of a Fair Housing Investigation or Lawsuit: What Does That Mean for You?
Damon McCall, ApproveShield; Jennifer Sarvadi, Hudson Cook LLP
Your client comes to you for help in responding to a complaint or investigation. The client is anxious and unsure of how to respond.  They ask you, as their CRA, to provide copies of documents, to provide help in understanding how the decision was made, and how they should respond to the inquiry. Even better, they may ask you to write a letter or talk to the investigator explaining “what happened.” Come discuss how to be helpful where you can, but carefully manage their requests for information to mitigate your own risk.