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Preemption Data Collection

Akin Gump Strauss Hauer & Feld LLP

Senate Advances Landmark Tech Policy Priorities

Key Points - The Senate has passed landmark children’s online privacy and safety legislation via a near-unanimous vote shortly before departing for the August recess. The bill is comprised of revised versions of the Kids...more

Orrick, Herrington & Sutcliffe LLP

FTC says COPPA does not preempt state privacy claims

The FTC recently filed an amicus brief in a case on appeal before the U.S. Court of Appeals for the Ninth Circuit, arguing that the Children’s Online Privacy Protection Act (COPPA) does not preempt state laws that are...more

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

Shook, Hardy & Bacon L.L.P.

Walton v. Roosevelt University: An Illinois Supreme Court BIPA Win

Last week, the Illinois Supreme Court put an end to the streak of unfavorable Illinois Biometric Information Privacy Act (BIPA) opinions for defendants before that court. In Walton v. Roosevelt University, the...more

Hinshaw & Culbertson - Employment Law...

Illinois Supreme Court Affirms That Federal Labor Law Preempts Plaintiff's BIPA Claim

We share news of a significant defense victory before the Illinois Supreme Court in a claim involving the Illinois Biometric Information Privacy Act (BIPA). In a case argued by Hinshaw partner John Ryan, the Supreme Court...more

WilmerHale

New Legislation to Expand Privacy Obligations of Financial Institutions Introduced in Congress

WilmerHale on

On February 27, 2023, the Chairman of the House Financial Services Committee Patrick McHenry (NC-10) introduced the Data Privacy Act of 2023 (the Bill), which would amend the Gramm-Leach-Bliley Act (GLBA) to “modernize[]...more

Benesch

First Ever BIPA Trial Results in a $228 million Judgement Against Railway Company that Relied on Third Party Vendor to Collect...

Benesch on

The judgement, which came down last week, exemplifies the risk of biometric information collection in Illinois and the risk that can result from relying solely on third party vendors. On October 12, 2022, a jury found...more

WilmerHale

Bill Proposed in Congress to Expand Privacy Obligations of Financial Institutions

WilmerHale on

On June 23, 2022, Congressman Patrick McHenry (NC-10), released a discussion draft  (“Discussion Draft”) of new legislation set to amend the Gramm-Leach-Bliley Act (GLBA) with the intent to “modernize GLBA to better align...more

Bass, Berry & Sims PLC

American Data Privacy and Protection Act – Could a Federal Privacy Law be on the Horizon?

Bass, Berry & Sims PLC on

On June 3, 2022, a bipartisan group of U.S. Representatives released a discussion draft of a comprehensive federal data privacy bill entitled the American Data Privacy and Protection Act (ADPPA). Though bipartisan compromise...more

Hogan Lovells

Legislators Announce Compromise U.S. Federal Privacy Bill with Support in both the House and Senate

Hogan Lovells on

Momentum is growing for a federal privacy law in the United States. A bipartisan group of House and Senate leaders have released a discussion draft of a baseline consumer data protection legislation. The American Data...more

Fisher Phillips

Bipartisan Push for Federal Privacy Legislation: Will It Work This Time?

Fisher Phillips on

After a stalemate over federal consumer privacy legislation in the past few years, a draft bill was released on June 3 that signals a major step towards bipartisan support for federal consumer privacy legislation. The...more

Faegre Drinker Biddle & Reath LLP

Progress on Federal Privacy Legislation, but Still a Long Way to Go

A bipartisan and bicameral group of legislators in Washington, D.C., released a discussion draft of a federal privacy bill on June 3 that, for first time, reaches compromise positions on the two key issues that have to date...more

Franczek P.C.

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

Franczek P.C. on

In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

Faegre Drinker Biddle & Reath LLP

Illinois Supreme Court: BIPA Claims Not Barred By Workers’ Compensation Act

Companies with Illinois employees have been bombarded with class action lawsuits under the Illinois Biometric Information Privacy Act (BIPA) over the last several years. These lawsuits generally allege that employers have not...more

FordHarrison

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

FordHarrison on

For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

Fisher Phillips

Illinois Supreme Court Makes Clear that Workers’ Compensation Law Does Not Preempt States’ Biometric Information Privacy Act

Fisher Phillips on

Yesterday, at long last, the Illinois Supreme Court issued a decision making clear that state workers’ compensation law does not preempt employment-based claims arising under the Biometric Information Privacy Act (BIPA). The...more

Robinson+Cole Data Privacy + Security Insider

Automotive Data Company Loses Fight for an Injunction Against New Consumer Privacy Statute

Automotive data and software company CDK Global LLC (CDK),  filed suit in 2019 against the Arizona Attorney General in the U.S. District Court for the District of Arizona seeking an injunction against a new law from taking...more

Robinson+Cole Data Privacy + Security Insider

Biometric Privacy Class Action Against DAL Global Service will Proceed

DAL Global Services LLC , an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. District Court for the Northern District of Illinois. ...more

Seyfarth Shaw LLP

Seventh Circuit Tosses BIPA Class Action On Federal Labor Law Preemption Grounds  

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 20, 2021, the Seventh Circuit ruled in Fernandez v. Kerry, Inc., No. 21-1067 (7th Cir. Sept. 20, 2021), that a cause of action filed under the Illinois Biometric Information Privacy Act...more

Robinson+Cole Data Privacy + Security Insider

New Federal Privacy Bill Introduced – Could 2021 Be the Year?

Bloomberg reported this week that the first comprehensive federal privacy bill of the year was introduced by Representative Suzan DelBene (D-Washington). The bill is known as the Information Transparency and Personal Data...more

Proskauer Rose LLP

Three Point Shot - October 2020

Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials....more

Eversheds Sutherland (US) LLP

Implications of US laws on collection, storage, and use of biometric information

The past few years have seen dramatic innovations in biometric technology and an accompanying exponential growth in the size of the biometrics industry, in part due to the spread of Internet of Things (IoT), artificial...more

Mintz - ML Strategies

Cantwell-Cassidy Exposure Notification Privacy Act – A Bipartisan Bill on Disease Contact Tracing

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Last week, Senators Maria Cantwell (D-WA), the Ranking Member of the Senate Committee on Commerce, Science, and Transportation, and Bill Cassidy (R-LA) introduced the Exposure Notification Privacy Act, which would regulate...more

Orrick, Herrington & Sutcliffe LLP

Two Diverging Federal COVID-19 Privacy Bills Proposed

In recent days, Congress has introduced two divergent “emergency” bills to address privacy issues arising during the COVID-19 crisis. ...more

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