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
In a rare win for employers, on March 23, 2023 the Illinois Supreme Court issued its decision in Walton v. Roosevelt University, affirming dismissal of claims brought under the Biometric Information Privacy Act (BIPA) by a...more
As companies look to innovative and useful technology to enhance their brand development and the marketing and sales of products or services, they need to remain cautious of how these tools—advancing at a lightning...more
Commercial air pilot and Air Force reservist Eric White filed a class action against United Airlines under the United Services Employee and Reemployment Right Act (USERRA) claiming United violated USERRA by not providing paid...more
3/15/2021
/ Class Action ,
Collective Bargaining ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Military Leave ,
Military Service Members ,
Policies and Procedures ,
Profit Sharing ,
United Airlines ,
US Air Force ,
USERRA ,
Wage and Hour
Technology is moving at the speed of light while we all continue to live in a largely virtual world where we interface with each other, online, everyday. Sprinkled in are continued concerns about how companies, large and...more
2/25/2021
/ Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Compliance ,
Data Collection ,
Data Deletion ,
Data Privacy ,
Data Retention ,
Data Storage ,
Fair Credit Reporting Act (FCRA) ,
Right of Publicity ,
TCPA ,
Written Consent
Even in the pandemic, the (high) number of class action filings based upon the Illinois Biometric Privacy Act (BIPA) remains steady. And, against that backdrop come two recent decisions that may impact how employers need to...more
In the face of billions of dollars of potential liability at trial, social media giant, Facebook, opted for the finality of a class-wide settlement—to the tune of $550 million—reached with Illinois users complaining of...more
2/4/2020
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
Personally Identifiable Information ,
Popular ,
Settlement ,
Social Media
In January 2019, we reported on the Illinois Supreme Court’s decision, Rosenbach v. Six Flags Entertainment Corp., where the highest court in Illinois unanimously found that an individual need not allege (or show) an actual...more
8/13/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
Personally Identifiable Information ,
Popular ,
Social Media