2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more
3/29/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Duty to Defend ,
Fingerprints ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
IL Supreme Court ,
Insurance Industry ,
Negligence ,
Statute of Limitations
ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country.
From labor and employment disputes to landmark...more
3/22/2024
/ Arbitration ,
Arbitration Agreements ,
Biometric Information ,
Biometric Information Privacy Act ,
California ,
CIPA ,
Class Action ,
Cybersecurity ,
Data Protection ,
Electronic Communications ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Foreign Commerce ,
Illinois ,
Interstate Commerce ,
Logistics ,
Privacy Acts ,
State and Local Government ,
State Privacy Laws ,
Technology Sector ,
Wiretapping
In the closely-watched first case to go to trial under the Illinois Biometric Information Privacy Act (BIPA), a federal judge has now vacated a $228 million award of statutory liquidated damages. The judge concluded that...more
A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and...more
In recent months, there has been a surge of class actions brought under the Illinois Biometric Information Privacy Act (BIPA) against retailers using virtual “try-on” features on their websites. Virtual try-on technology...more
In a long-awaited development, on February 2, 2023, the Illinois Supreme Court held that all claims under the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations.
In Tims v....more
Businesses defending class actions under the Illinois Biometric Information Privacy Act (BIPA) have struggled to defeat claims in recent years, as courts have rejected a succession of defenses.
We have been following this...more
Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing -
As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more
9/23/2021
/ Arbitration ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
California ,
Class Action ,
Data Breach ,
Data Privacy ,
Data Protection ,
Declaratory Judgments ,
Health Care Providers ,
IL Supreme Court ,
Negligence ,
Pipelines ,
Putative Class Actions ,
Ransomware ,
Settlement ,
Standing ,
Unfair Competition ,
Unfair Competition Law (UCL) ,
Virtual Private Networks
Class actions brought under the Illinois Biometric Information Privacy Act (BIPA) continue to trend upward in favor of plaintiffs. Enacted in 2008, BIPA regulates the collection, use, storage, retention, and destruction of...more
1/7/2021
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Data Breach ,
Data Privacy ,
Data Security ,
Federal Trade Commission (FTC) ,
IL Supreme Court ,
Illinois ,
Personal Information ,
State Attorneys General ,
Workplace Injury