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Pierce Atwood LLP

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

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In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...more

Perkins Coie

“Biometric Identifiers Must Identify”: The Ninth Circuit Clarifies the Scope of BIPA

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The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., on June 17, 2024, affirming dismissal of a putative class action filed under the Illinois Biometric Information Privacy...more

Dechert LLP

Dechert Cyber Bits - Issue 52

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European Parliament Approves EU AI Act - On March 13, 2024, the European Parliament approved the EU Artificial Intelligence Act (“AI Act”). A first of its kind legal framework for AI, the AI Act has extraterritorial effect,...more

Seyfarth Shaw LLP

Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

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Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a...more

BCLP

Privacy Speaks: A clearer view?

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Clearview AI Inc's successful challenge to the ICO’s £7.5 million fine focused on the limits of the UK GDPR’s jurisdictional reach, succeeding on the grounds that Clearview’s processing activities were outside the scope of...more

Sheppard Mullin Richter & Hampton LLP

In a Case of First Impression, Ninth Circuit Addresses Personal Jurisdiction Issues Involving Non-Resident Corporation Providing a...

In Briskin v. Shopify, Inc., No. 22-15815, 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the United States Court of Appeals for the Ninth Circuit held that the Canada-based company Shopify, Inc. (“Shopify”), which provides a...more

Mintz - Privacy & Cybersecurity Viewpoints

The FTC Sets Its Sights on Biometric Information

Does your business collect or use fingerprints?  Do your building access points use retina, finger, or palm scans?  Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more

Dechert LLP

Key Developments for Employers in the UK - Issue 06

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Government scales back the proposed revocation of EU law bill and announces changes to the Working Time Regulations, TUPE and non-compete clauses - In previous editions of the Edit we reported on the proposals in The...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2023

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023....more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

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On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more

Kohrman Jackson & Krantz LLP

Biometrics and AI in the Workplace: Boon or Bane?

Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security, and workplace monitoring, all of which can...more

Stikeman Elliott LLP

Advertisers Bear Burden of Proving Individuals’ Consent to Appear in Ads, B.C. Court Rules – Also Holds that Legislatures Cannot...

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In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more

McDermott Will & Emery

Ninth Circuit Once Again Preserves Competitor’s Data-Scraping Rights

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On remand from the Supreme Court of the United States, the US Court of Appeals for the Ninth Circuit reaffirmed its own 2019 opinion that preliminarily enjoined a professional networking platform from denying a data analytics...more

Fenwick & West LLP

HiQ Labs Scrapes by Again: The Ninth Circuit Reaffirms that Data-Scraping Does Not Violate the CFAA

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In a much-anticipated ruling this week addressing the confluence of website scraping and computer hacking law, the U.S. Court of Appeals for the Ninth Circuit became the latest federal court to limit the reach of the Computer...more

King & Spalding

Seventh Circuit, Illinois Appellate Court Consider When BIPA Claims Accrue

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In a pair of decisions issued in late December, both the Illinois Appellate Court and the Seventh Circuit Court of Appeals considered whether claims brought under the Illinois Biometric Information Privacy Act (“BIPA”) accrue...more

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Certifies Hotly-Contested BIPA Accrual Issue to Illinois Supreme Court

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

DirectEmployers Association

OFCCP Week In Review: November 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Blank Rome LLP

Illinois Appellate Court Clarifies Applicable Limitations Period in BIPA Class Action Litigation

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On September 17, 2021, the Illinois Appellate Court First District delivered its much-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sep. 17, 2021), addressing the applicable...more

McDermott Will & Emery

Illinois Appellate Court Rules on BIPA Statute of Limitations

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On September 17, 2021, a panel of the Illinois Appellate Court for the First District issued a significant decision on the question of which statute of limitations apply to claims under the Illinois Biometric Information...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Affirms 5-Year Statute of Limitations Period for Certain BIPA Claims

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

Pillsbury - Policyholder Pulse blog

The Duty to Defend a Privacy Claim Arises from Even Limited Publication of Biometric Identifiers

Do general liability policies provide coverage for limited disclosures of biometric data, such as fingerprints? The Illinois Supreme Court has concluded that they do. In a unanimous decision, the Illinois Supreme Court...more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

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Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more

Sunstein LLP

Scraping Too Much Website Data May Be Trade Secret Misappropriation

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Data scraping is a technique in which automated tools-- robots or “bots”--are used to extract large quantities of data from a website. In some cases, the extracted data has been developed by the website owner with...more

Society of Corporate Compliance and Ethics...

German court rules Facebook illegally harvested data

Report on Supply Chain Compliance 3, no. 14 (July 23, 2020) - Germany’s top court reversed a decision by an appeals court, stating that there is no doubt that Facebook enjoys a dominant position in the market and also no...more

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