FCRA Litigation Against Employers: Avoiding and Defending Claims

Drafting Policies and Procedures for FCRA Compliance, Leveraging Defense Strategies for Individual and Class Claims

*** This program has been cancelled ***

A live 90-minute CLE webinar with interactive Q&A

Wednesday, July 12, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar will provide guidance to employers and their counsel for preventing and defending against Fair Credit Reporting Act (FCRA) lawsuits arising from employee background checks. The panel will review FCRA statutory requirements, best practices for developing background check policies, and strategies for defending against individual and class claims.


Employees and applicants are continuing to file individual and class claims against employers alleging violations of the FCRA in conducting employee background checks. Damages for noncompliance with the FCRA can soar into the millions. All employers should be on high alert as FCRA claims and lawsuits span a variety of industries.

FCRA cases are frustrating for employers because many of the claims are based on highly technical requirements of the FCRA that are easily violated. Counsel must be prepared to appropriately draft and implement policies that incorporate the FCRA requirements in order to mitigate the risk of litigation, particularly in the current era of employee-friendly court rulings.

Counsel must also be well versed in defense theories that will withstand court scrutiny. Failure to properly prepare can cost clients a substantial amount in statutory damages.

Listen as our distinguished panel reviews the FCRA requirements employers must follow, techniques for preventing lawsuits, defense techniques and best practices for drafting employer policies such as background checks.


  1. FCRA requirements
  2. Best practices for preventing claims
  3. Techniques for defending lawsuits
  4. Drafting employment policies


The panel will review these and other key issues:

  • What are the technical FCRA requirements with which employers must comply?
  • What pitfalls lead to FCRA violation allegations and how must employers prevent such claims?
  • What are the best practices necessary for drafting employment policies such as background checks?
  • What are the theories available for defending against FCRA class action lawsuits?
  • What types of damages are available for noncompliance with the FCRA’s requirements?


John W. Drury, Senior Counsel
Seyfarth Shaw, Chicago


Barry Goheen, Partner
King & Spalding, Atlanta

Mr. Goheen has served as lead or co-counsel in over 50 class actions in all areas of the law, including antitrust, securities fraud, consumer protection, privacy/data breach, product liability, and general commercial disputes in state and federal courts representing such clients as the Coca-Cola Co., SunTrust Banks, Countrywide, Equifax, General Motors Corp., Humana and Bank of America.

Cindy D. Hanson, Partner
Troutman Sanders, Atlanta

Ms. Hanson focuses her practice on complex commercial litigation and class action defense. She has handled hundreds of matters under the Fair Credit Reporting Act. Her practice includes the representation of both consumer reporting agencies and entities who furnish information to consumer reporting agencies.

Live Webinar

Live Webinar $297.00

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


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AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Available 48 hours after the live event

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Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

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Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

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DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


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Judith (Jude) Biggs


Holland & Hart

Joshua Davis


Goulston & Storrs

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Kelley Drye

Jeffrey Hollingsworth


Perkins Coie

Diana L. Hoover


Hoover Kernell

Paul J. Kennedy


Littler Mendelson

Marcia Nelson Jackson


Wick Phillips

William C. Martucci


Shook Hardy & Bacon

Laura Foote Reiff


Greenberg Traurig

Eugene Scalia


Gibson Dunn & Crutcher

Peter Steinmeyer


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Teresa R. Tracy


Freeman Freeman Smiley

Todd D. Wozniak


Greenberg Traurig

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