New York, NY, September 16, 2015 --(PR.com
)-- The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, has announced today that Barry Goheen, Partner, King & Spalding will speak at the Knowledge Congress’ webcast entitled: “Increased FCRA Background Check Litigation - How Employers Reduce Risk in 2016 Live Webcast.” This event is scheduled for December 15, 2015 from 10:00am – 12:00pm (ET).
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About Barry Goheen
Barry Goheen is a partner in King & Spalding’s Litigation Practice Group, and leads the firm’s privacy litigation practice. He focuses on consumer class actions and data breach and privacy litigation. He has been lead or co-counsel in dozens of class actions and individual cases in all aspects of privacy-related litigation, including actions arising from data breaches, employee background screening, and consumer credit/identity theft such as the Telephone Consumer Protection Act, the Fair Credit Reporting Act and its Fair and Accurate Credit Transactions Act amendment, and the Equal Credit Opportunity Act.
Mr. Goheen has served as lead or co-counsel in over 25 privacy-based class actions in state and federal courts, including over 20 class actions against consumer reporting agency alleging violations of Fair Credit Reporting Act, representing such clients as SunTrust Banks, Shell, Countrywide, Equifax, Bank of America, and Capital One.
King & Spalding
King & Spalding’s Data, Privacy & Security Practice regularly advises clients regarding the myriad statutory and regulatory requirements businesses face when handling—either in gathering, managing, securing, transferring, sharing, selling or disposing of—personal and other sensitive information concerning individuals such as employees, consumers, customers, or patients, in the U.S. and globally. This often entails assisting clients in responding to data security breaches, complying with security breach notice laws, avoiding potential litigation arising out of internal and external data security breaches, and, as necessary, defending litigation.
With more than 50 Data, Privacy & Security Practice lawyers in offices across the United States, Europe and the Middle East, our team applies a multidisciplinary approach to such issues, we bring together attorneys with backgrounds in corporate governance and transactions, healthcare, intellectual property rights, complex civil litigation, e-discovery, government investigations, government advocacy, and public policy.
When employers are assessing potential employees or promoting existing ones, frequently they will conduct criminal background and credit checks. Unfortunately employers often overlook the requirements of the federal Fair Credit Reporting Act (FCRA) as well as various state and local laws. Complaints often involve claims such as unclear and inconspicuous written disclosures, an employer's failure to provide a preliminary adverse action notice, and the employer’s impatience in taking final adverse action against an individual.
Over the past year, there has been a substantial increase in Background Check Litigation against employers, claiming violation of consumer reporting laws. Such lawsuits almost always are class actions and, in some cases, involve settlements of $2 million to as much as $7 million ($100 and $1,000 per individual violation) in damages. Although large companies predominantly have been the target of most FCRA class actions, smaller companies soon may face the same fate.
Hence, compliance with the FCRA and related state and local laws is of critical importance to minimize legal risks and concomitant litigation costs and fines. Some of the most important requirements include using simple, separate disclosure forms; ensuring that hiring policies and procedures comply with the FCRA’s regulations, particularly the adverse action notification requirements and any related state and local laws; and seeking the advice of employment counsel to reduce the inherent risks of uncompliant background checking practices.
In this two hour, live Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will review and discuss the important aspects of this significant topic. Speakers will provide an in-depth discussion of the Increased FCRA Background Check Litigation, explain How Employers Reduce Risk in 2016, and offer best practices in avoiding lawsuits brought on by failure to comply with FCRA background check requirements. Key issues that will be covered in this course are:
Fair Credit Reporting Act (FCRA)
Employee Background Checks
'Consumer Report' and 'Adverse Action Notice'
Pitfalls on FCRA background Checks
Non-compliance and Potential Liability
Lee v. The Hertz Corporation, et al.
State Legislatures & Limited Use of Background Checks
Best Practices in Mitigating Class Action Risk
About The Knowledge Group/The Knowledge Congress Live Webcast Series
The Knowledge Group was established with the mission to produce unbiased, objective, and educational live webinars that examine industry trends and regulatory changes from a variety of different perspectives. The goal is to deliver a unique multilevel analysis of an important issue affecting business in a highly focused format. To contact or register for an event, please visit: http://theknowledgegroup.org/