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BIPA’s Discretionary Damages in Practice: BNSF Gets Its Shot to Reduce a Historic $228 Million Judgement

The Illinois Biometric Privacy Act (BIPA) provides that a prevailing party “may” recover liquidated damages for a violation of the statute. Addressing the potential for “annihilative liability” in White Castle, the Illinois...more

TransUnion Hollows Out Class Members Who Have Not Suffered A Concrete Injury

“An injury in law is not an injury in fact.” Too often since the Supreme Court’s seminal decision in Spokeo, the nexus between the intangible harms often claimed by plaintiffs in ever increasing privacy-based class actions,...more

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