Conference Presentations

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March 21, 2019
$$$: What Does Your Consumer Report Look Like to a Plaintiff's Lawyer?
Track: Compliance | Presenters: Courtney Stieber, Seyfarth Shaw LLP; John Drury, Seyfarth Shaw LLP | Your consumer report is your finished product: the document that is sent to your end user, your consumer, and possibly, your consumer's attorney. While CRAs often make reports per component, are you looking at it through the lens of a plaintiff's counsel? So what does your consumer's attorney see when he or she reviews the report? Is it dollar signs? In this session, we will breakdown common mistakes, component by component, that lead to FCRA and other state law claims. | Presented at the 2019 Mid-Year Conference
March 21, 2019
5 Data Gaps Common in Health Care Provider Background Screening
Track: Business | Presenter: Jennifer Gillespie, Verisys | Health care is a different animal when it comes to initial employment screening as well as continuous screening of dynamic data points. Liability plays a large part in choosing a screening protocol, but regulatory compliance regulations vary state by state and standard-setting bodies add an additional layer. This session will provide a framework of understanding health care provider screening. | Presented at the 2019 Mid-Year Conference
March 21, 2019
Client in Crisis: Communication Tips and Techniques
Track: Business | Presenter: Liza Crawford Jonler, JDA Frontline; Ralph Posner, JDA Frontline | A crisis can happen to any organization, and when it does, the need to respond is immediate. Long gone are the days when an organization could bury its head in the sand and wait for the storm to blow over. A business must be able to respond promptly, accurately and confidently, which requires preparation. Consumer reporting agencies must also be prepared and communicate effectively when their clients are facing a crisis that could have implications for their business or the industry as a whole, such as workplace violence, fraud or theft. The wrong response to a crisis could lead to more than lost business and a damaged reputation. For industries like professional background screening, you could be looking at increased regulation, industry-wide mistrust, Congressional hearings and more. You'll walk away from this session with a better grasp on crisis communications, from how identify when you or a client is in crisis to techniques for effective communications across multiple channels. | Presented at the 2019 Mid-Year Conference
March 21, 2019
Employers and CRAs as Partners: 5 Tips for Enhancing Compliance and Applicant Experience
Track: Compliance | Presenters: William Simmons, Littler Mendelson PC; Chad Kaldor, Littler Mendelson, P.C. | This session, focused on employer end-users, covers the top 5 ways employers can partner with their CRAs to enhance compliance AND the applicant experience. Employers sometimes spend too much time emphasizing "bottom line" price or how to shift "risk" to CRAs. This session flips that paradigm on its head, helping employers realize missed opportunities flowing from that approach. Topics include: understanding CRA operations and reporting restrictions, explaining pain points to CRAs to develop applicant experience solutions, identifying internal system or training improvements, developing best practice forms, and using arbitration agreements to limit background check lawsuits, and how to explain your business and pain points to CRAs to work on mutually beneficial applicant experience solutions. | Presented at the 2019 Mid-Year Conference
March 21, 2019
FCRA Accuracy: Recent Developments
Track: Compliance | Presenters: Kevin Coy, Arnall Golden Gregory LLP, Montserrat Miller Arnall Golden Gregory LLP | This session will examine recent developments involving CRA accuracy obligations under the FCRA. This will include a discussion of the FTC's recent $3 million settlement with a tenant screening company over alleged FCRA accuracy-related violations; one of the largest civil penalties the FTC has obtained against a background screening company. This session will discuss strategies for CRA record matching policies and procedures. We will also discuss points that CRAs should consider as part of their record matching policies and procedures. | Presented at the 2019 Mid-Year Conference
March 21, 2019
Fine, You Win! Let's Talk About California.
Track: Compliance | Presenter: Scott Paler, DeWitt LLP | For most CRAs, California is sort of the "Boogeyman." It has detailed background screening laws, a scary set of potential damages, a pro-plaintiff environment, and a lawsuit-happy culture. Notwithstanding the industry's anxiety about California, many CRAs do not know where to start to address California-related compliance concerns or lower the associated risk. This session - led by attorney and frequent NAPBS speaker Scott Paler - will examine California law in detail, try to make sense of the sometimes conflicting laws, and identify a variety of tips for CRAs to consider in the upcoming years. | Presented at the 2019 Mid-Year Conference
March 21, 2019
Foreign Laws and International Agreements: How Do They Affect You?
Track: International | Presenters: Kerstin Bagus, NetForce Global; Mark Sward, Sterling Talent Solutions; Kevin Coy, Arnall Golden Gregory LLP | The GDPR doesn't only apply to European companies, but can extend across borders and oceans in certain circumstances. Additionally, the news has been abuzz with countries entering and leaving international agreements (Nafta/USMCA, Brexit, TPP). This session will review some of the significant international agreements and foreign laws which may affect U.S. screening companies, how they perform services and who they do business with. | Presented at the 2019 Mid-Year Conference
March 21, 2019
Grow Your Screening Business: Differentiating Your Occupational Health Services
Track: Drug Testing | Nina French, The Current Consulting Group, LLC | They say if you fail to plan you plan to fail. Being in the know when it comes to changing state laws, the progress of marijuana legalization, regulatory changes at OSHA, DHHS, and DOT, and how effective workplace strategies can be used to successfully engage and retain clients isn't only good for business, but also leads to profits for you and your clients. This session will review state legislation, structure and design, comprehensive drug testing product offering, and Occupational Health services for screeners. | Presented at the 2019 Mid-Year Conference
March 21, 2019
Is That Portion of My Background Screening Covered by the FCRA?
Track: Compliance | Presenters: David Anthony, Troutman Sanders LLP; Cindy Hanson, Troutman Sanders LLP | Background screening reports - and the overall background screening process - often contain numerous components, which has led to a debate as to which portions of the report and process are covered by the FCRA. This session discusses the thresholds for being deemed a consumer report, including a discussion about the role of address verifications, header data, fraud verification, and OFAC alerts, among others. It discusses the current state of the law and compliance strategies. | Presented at the 2019 Mid-Year Conference
March 21, 2019
Navigating the Legal Minefield of Using Criminal Histories in Employment Decisions
Track: Compliance | Presenters: Robert Szyba, Seyfarth Shaw LLP; Esther Slater McDonald, Seyfarth Shaw LLP; Stacey Blecher, Seyfarth Shaw LLP | Employers operating in multiple jurisdictions sometimes face divergent and even conflicting requirements when performing criminal background checks. This session takes a practical step-by-step journey from the initial job application through the ultimate adverse action requirements that a multi-jurisdictional employer may face when seeking to fill a one-off position as well as when seeking to craft a company-wide policy. This session also discusses the various risks posed by various jurisdictions, potential options based on an employer's risk-tolerance, as well as pros and cons of various solutions. | Presented at the 2019 Mid-Year Conference
March 21, 2019
Regulatory Rumblings and Litigation Landslides
Track: Legal/Compliance | Presenter: Pamela Devata, Seyfarth Shaw, LLP | Learn about the areas that if you aren't paying attention to can put you in danger's way. | Presented at the 2019 Mid-Year Conference
March 21, 2019
The Use of Criminal Record Information in Tenant Screening
Track: Tenant | Jennifer Sarvadi, Hudson Cook LLP; Webb McArthur, Hudson Cook LLP | States and localities are more active in regulating the tenant screening industry. In 2016, HUD reinforced its disparate impact approach to fair housing matters, and solicited new comments in 2018 about its criminal records guidance. The FTC's recent enforcement case brings matching public records back into focus again. Where do things stand today with regard to reporting criminal records in tenant screening? This session will examine recent developments in the laws affecting tenant screening services and criminal records in particular. | Presented at the 2019 Mid-Year Conference
March 21, 2019
The Workplace in the Age of Legal Marijuana: Legislation, Case Law, and What to Expect
Track: Drug Testing | Presenter: Katherine Miller, The Current Consulting Group, LLC | Two-thirds of the United States now has some form of legal marijuana, and workplaces nationwide are impacted. With constantly progressing legislation, ballot initiatives, and state-specific case laws, it can be confusing to figure out what does and doesn't apply in your workplace. This session will cover progressing and recently passed legislation, pertinent case law, and how CRAs and employers can prepare for the impacts of legal marijuana. | Presented at the 2019 Mid-Year Conference
March 21, 2019
What to do When Regulators Come Knocking, and How to Avoid Them in the First Place!
Track: Compliance | Presenters: Pam Devata, Seyfarth Shaw LLP; Erin Novak, Montgomery McCracken Walker Rhoads LLP; Megan Poonolly, Uber Technologies Inc. | The background screening industry has long been a target of federal and state regulators. While there have been some positive recent developments, regulators continue their aggressive oversight of the industry. How do we navigate these troubled waters? On this panel, in-house counsel, defense counsel, and (former) plaintiff's counsel discuss who the regulators are, recent developments in the industry, and basic pointers for responding when state or federal regulators come knocking with lawsuits, investigations, inquiries, and subpoenas. | Presented at the 2019 Mid-Year Conference
March 21, 2019
What To Do When Your Client Says Jump! How to Decide Which Decision Is Best For Your Company
Track: Business | Presenter: Kevin Bachman, The CRA Doctor | Accommodate the request? Negotiate a middle ground solution? Impose your standard process? These are the choices every CRA must make when presented with a demanding or unique client request. Is the request truly unreasonable or just unpopular with your team? Will it increase your risks? Your costs? Your profits? Learn the strategies to determine which decision is the right one for you, your client and your organization. | Presented at the 2019 Mid-Year Conference
November 29, 2018
2018 APAC Annual General Meeting Presentation
2018 APAC Annual General Meeting (AGM) Presentation
October 3, 2018
Artificial Intelligence and Blockchain in Hiring and Background Screening
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Best Place to Work: Designing an Engaged Company Culture
Presenter: 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 5 employee-led committees. | Presented at the 2018 Annual Conference
October 3, 2018
Best Practices to Protect Against Cyber Attacks And Liability
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Blocking and Tackling: Defensive Techniques for Defending the Newest Litigation Theories and Regulatory Concerns
Presenter: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Building, Scaling, Marketing and Growing your CRA
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Common Ground: Exploring Global Screening Challenges and Solutions
Presenters: Gregoire 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. | Presented at the 2018 Annual Conference
October 3, 2018
Contracts, Contracts, Contracts: How to Protect and Advance Your Business Through Services Agreements
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Data and Document Retention: The Advantages and Risks of Data Retention
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Disputes Dos and Don'ts: Best Practices and Pitfalls For FCRA Compliance
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Drug Screening: Separating Facts From Myths
Presenter: 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." | Presented at the 2018 Annual Conference
October 3, 2018
Drug Testing Trifecta: DOT Changes, Opioid Epidemic, and MRO Challenges
Presenter: 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. | Presented at the 2018 Annual Conference
October 3, 2018
GDPR Is Here - Where Are We Now?
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
International Drug Testing Policy: A Comparison of International and United States Policy, Procedures and Practice
Presenter: 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. | Presented at the 2018 Annual Conference
October 3, 2018
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)?
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Legislative Update
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Lessons From a Plaintiff's Attorney: Compliance and Avoiding FCRA Litigation
Presenter: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Litigation and Compliance in Background Screening: The Business Perspective
Presenters: David Anthony, Troutman Sanders LLP; Cindy Hanson, Troutman Sanders LLP; Timothy St. George, Troutman Sanders LLP; Jeanette White, Esq., 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. | Presented at the 2018 Annual Conference
October 3, 2018
Managing Expectations Between CRAs and End Users
Presenters: Don Place, Raytheon Company; Susan Smith, CarMax; Rebecca Weiser, NAPBS End-User Advisory Group | The End User Advisory Group 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. | Presented at the 2018 Annual Conference
October 3, 2018
Tenant Screening: Enforcement News and Updates
Presenter: 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. | Presented at the 2018 Annual Conference
October 3, 2018
The CRA Guide to Social Media Hiring Policy
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
The Ontario Police Record Checks Reform Act: How it Changes (And Doesn't Change) Background Screening in Canada
Presenter: 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. | Presented at the 2018 Annual Conference
October 3, 2018
The Seven Biggest Compliance Questions All CRAs Should Be Asking
Presenter: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Whose Data is it? The Roles of Controller and Processor in Background Screening, Pre and Post GDPR
Presenters: 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. | Presented at the 2018 Annual Conference
October 3, 2018
Your Client Is the Subject of a Fair Housing Investigation or Lawsuit: What Does That Mean for You?
Presenters: 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. | Presented at the 2018 Annual Conference

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Disclaimer: NAPBS materials are often provided by industry subject matter experts. The information and opinions expressed are for educational purposes only and are based on current practice, industry related knowledge and business expertise. The practices may not have been independently vetted and are neither approved nor endorsed by NAPBS.

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