If you heard a collective sigh of relief last week, it was probably businesses reacting as Illinois Governor Pritzker finally signed Senate Bill 2979, officially reforming BIPA for the first time since 2008. As a reminder, SB...more
For the first time since 2008, BIPA reform is in the air. On May 16, 2024, the Illinois House of Representatives overwhelmingly approved Senate Bill 2979, which paves the way for final passage to Governor J.B. Pritzker’s...more
5/23/2024
/ Biometric Information ,
Class Action ,
Governor Pritzker ,
Illinois ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Privacy Laws ,
Regulatory Reform ,
State and Local Government ,
State Privacy Laws ,
Technology
Class action litigation has exploded in cases involving violations of Illinois’ Biometric Information Privacy Act (“BIPA”). Less known and litigated is Illinois’s Genetic Information Privacy Act (“GIPA”) – enacted in...more
ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
At the end of June, the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows Of Harvard College, Nos. 20-1199 & 21-707, 2023 WL 4239254 (U.S. June 29, 2023), outlawed race-based...more
7/13/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Discipline ,
Educational Institutions ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Termination ,
Title VII
Blockbuster Video may be extinct, but an obscure law designed to protect the privacy of video-tape renters is very much alive—the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, et seq. Enacted in 1988 after The...more
This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...more
6/1/2023
/ Biometric Information Privacy Act ,
Class Action ,
Continuing Legal Education ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Storage ,
Data-Sharing ,
Invasion of Privacy ,
Popular ,
Privacy Laws ,
TCPA ,
Video Privacy Protection Act ,
Webinars
Can unionized employees sue their employers in court for violations of Illinois’ Biometric Information Privacy Act (BIPA)? In a rare victory for BIPA defendants, the Illinois Supreme Court unanimously ruled they cannot....more
February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In...more
3/3/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Employer Liability Issues ,
Employment Litigation ,
Fingerprints ,
IL Supreme Court ,
Illinois ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government
A plaintiff has her fingerprints forever. But she doesn’t have forever to file a lawsuit for improper retention, deletion, collection, or use of her fingerprints. For years, Illinois courts have been perplexed on what statute...more
An Illinois state appellate court’s recent ruling will impact how companies consider compliance with Illinois’ Biometric Information Privacy Act (BIPA). That court ruled companies must have a BIPA-compliant written...more
12/16/2022
/ Appeals ,
Appellate Courts ,
Biometric Information ,
Biometric Information Privacy Act ,
Chapter 15 ,
Data Privacy ,
Privacy Laws ,
Privacy Policy ,
Reversal ,
State Privacy Laws ,
Tracking Systems
On February 3, 2022, the Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, ruling that statutory violations of the Illinois Biometric Privacy Act (“BIPA”)...more
2/8/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
IL Supreme Court ,
Illinois ,
Liquidated Damages ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government ,
Workers Compensation Act
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
In a recent decision regarding an employee’s claims for violations of Illinois’ Biometric Information Privacy Act (“BIPA”), the United States Court of Appeals for the Seventh Circuit asked the Illinois Supreme Court to...more
Continuing the trend of recognizing Illinois’ Biometric Information Privacy Act (“BIPA”) as a muscular privacy-protective statute, the Illinois Appellate Court for the First District has ruled that the most common statutory...more
The Supreme Court’s recent decision in Van Buren addressed the meaning of the term “exceeds authorized access” under the Computer Fraud and Abuse Act (CFAA). The Court held, in a criminal case that alleged that the person...more
The Supreme Court’s recent decision in Van Buren v. United States, — S. Ct. —-, 2021 WL 2229206 (2021) resolved a longstanding Circuit split regarding the scope of liability under the Computer Fraud and Abuse Act of 1986...more
Amidst long-simmering diplomatic tensions between China and the United States, disputes arising out of Chinese companies’ alleged theft of technological trade secrets from rival American companies have found their way to...more
The Illinois Biometric Information Privacy Act (BIPA) has spawned hundreds of class action lawsuits and a raft of unresolved issues. A core issue from a litigation perspective—as well as for companies bracing for potential...more
In a resounding victory for public-private partnerships, the Fourth Circuit’s decision in Cunningham v. Lester, et al., No. 20-1086, — F.3d —- (4th Cir. Mar. 4, 2021) has affirmed federal employees’ immunity from the...more
The recent case of Multimedia Sales & Marketing, Inc. v. Marzullo, et al., — N.E.3d —-, 2020 IL App (1st) 191790 (1st Dist. Dec. 21, 2020), demonstrates the peril that attorney fees sanctions present for litigants who bring...more
1/22/2021
/ Appeals ,
Appellate Courts ,
Attorney's Fees ,
Bad Faith ,
Former Employee ,
Misappropriation ,
Personal Information ,
Remedies ,
Sanctions ,
State and Local Government ,
Summary Judgment ,
Trade Secrets
The Federal Trade Commission recently entered the biometric fray. It settled with a now-defunct photo-storage app over its use of facial recognition technology. According to the FTC, the company engaged in a variety of...more
The FCC recently adopted new rules that will limit the volume of calls that can be made to residential phones under certain TCPA consent exceptions. The new rules affect non-telemarketing calls that use an artificial or...more
The Supreme Court’s recent decision in Barr v. American Association of Political Consultants held the government-debt exception of the TCPA unconstitutional under the First Amendment’s Free Speech Clause. This means that...more
8/4/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
The Seventh Circuit has recently ruled that plaintiffs have standing to enforce the Illinois Biometric Information Privacy Act’s informed consent requirements in federal court. As we have written before, , BIPA regulates the...more