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BIPA Amendment Enacted

On August 5, 2024, Illinois Governor J.B. Pritzker signed into law SB 2979, significantly amending the state’s Biometric Information Privacy Act (BIPA). This update represents a considerable decrease in the potential for...more

Historic $1.4 Billion Data Privacy Settlement between Meta and Texas

The State of Texas and Meta Platforms Inc. (“Meta”) have agreed to a $1.4 billion settlement, to be paid out over five years, to resolve claims relating to Meta’s alleged use of facial recognition technology without user...more

Illinois Supreme Court: BIPA Damages Accrue with Each Collection

In a landmark decision that will have widespread effects, the Illinois Supreme Court ruled that a claim accrues each time—rather than just the first time—that data is collected in violation of the Biometric Information...more

Lessons from the Texas Biometric Data Action Against Google

On October 20, 2022, Texas Attorney General Ken Paxton brought suit in Texas district court against Google for alleged violations of the Texas Capture or Use of Biometric Identifier Act (“CUBI”). The petition claims that...more

Verdict in Favor of Plaintiffs in First BIPA Jury Trial - Potential Damages Still Unresolved

The jury returned a verdict in favor of the plaintiffs in the first trial for violations of the Illinois Biometric Privacy Act (“BIPA”), which was conducted in the District Court for the Northern District of Illinois. Rogers...more

First Jury Trial in Biometric Privacy Class Action Underway: Potential Damages Still Unresolved

The first jury trial for violations of the Illinois Biometric Privacy Act (“BIPA”) is underway in the District Court for the Northern District of Illinois. Rogers v. BNSF Ry. Co., No. 1:19-cv-03083. A jury will decide...more

Illinois Supreme Court Holds That Biometric Privacy Claims Are Not Preempted by Workers’ Compensation Act

On February 3, the Illinois Supreme Court unanimously ruled in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, that the exclusivity provisions of the Illinois Workers’ Compensation Act (WCA) do not preempt...more

Predictions for Privacy & Data Security in 2022

2021 proved to be a momentous year for privacy and data security law. The scourge of ransomware continued last year, leading to record-setting ransomware payments, a muscular response from the federal government, a hardening...more

New York Proposes Biometric Privacy Bill With Private Right of Action

On January 6, 2021, a bipartisan group of New York state lawmakers released a copy of Assembly Bill 27 (AB 27), the New York Biometric Privacy Act. If New York passes AB 27, it will join Illinois, Texas, and Washington as...more

Facebook BIPA Class Settlement Receives Preliminary Approval

On August 19, 2020, the United States District Court for the Northern District of California granted preliminary approval of the class action settlement in In re Facebook Biometric Information Privacy Litigation,...more

Illinois Supreme Court: No ‘Actual Harm’ Required for Biometric Information Privacy Act Claims

The Illinois Supreme Court held on January 25, 2019, that plaintiffs filing suit under the Biometric Information Privacy Act—which regulates how private entities disclose and discard biometric identifiers—do not need actual...more

No Actual Damages Required to Sue Under Illinois Biometric Information Privacy Law

The Illinois Supreme Court held on January 25, 2019, that plaintiffs filing suit under the Biometric Information Privacy Act—which regulates how private entities disclose and discard biometric identifiers—do not need actual...more

Maryland Amends Data Breach Notification Law

The Maryland General Assembly recently amended the Maryland Personal Information Protection Act to expand the definition of personal information, provide a 45-day timeframe for providing notice of a breach, allow for...more

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