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When Half a Billion Dollars is Not Enough: What the Facebook Settlement Can Teach Us

On July 23, 2020, the U.S. District Court for the Northern District of California signaled that a $650 million settlement of claims against Facebook, Inc. for alleged violations of the Illinois Biometric Information Privacy...more

Biometrics: Illinois Supreme Court to Decide Whether Injury is Required for Biometric Information Privacy Act Claims

On May 30, 2018, the Illinois Supreme Court accepted an appeal from an Illinois appellate court’s decision rejecting “no-injury” lawsuits under Illinois’s Biometric Information Privacy Act (“BIPA”) [Dkt. No. 123186]. The...more

Biometrics: California Federal Court in Facebook Case Certifies First Class In Illinois Biometric Information Privacy Act Case,...

On April 16, 2018, a California federal court certified a class of individuals suing Facebook for violating Illinois’s Biometric Information Privacy Act, paving the way for potentially billions of dollars in statutory...more

Biometrics: California Federal Court Denies Spokeo Motion to Dismiss Facebook Biometric Information Privacy Act Case

On February 26, 2018, a California federal court denied Facebook’s motion to dismiss claims under Illinois’s Biometric Information Privacy Act, finding the plaintiff had Article-III standing despite the absence of tangible...more

Second Circuit Delivers Limited Victory to Defendant Under Illinois Biometric Information Privacy Act and Spokeo.

On November 21, 2017, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a case under Illinois’s Biometric Information Privacy Act (“BIPA”), finding that none of the alleged violations created a...more

Illinois’s Biometric Information Privacy Act Spurs Similar Legislation Around the Country.

Dozens of employers have been caught off guard by the rash of class-action lawsuits recently filed in Illinois alleging violations of Illinois’s Biometric Information Privacy Act (BIPA). But while Illinois was the first, it...more

Biometric Information Privacy Act (BIPA): A Checklist for Defendants

The rising tide of litigation under Illinois’s Biometric Information Privacy Act (BIPA) shows no sign of ebbing anytime soon. No industry is immune, and here’s what companies should consider if they’ve been named as a...more

Second Circuit Set to Address Key Issues Under Illinois Biometric Information Privacy Act

The Second Circuit became the first U.S. Court of Appeals to wade into the rising tide of litigation under Illinois’s Biometric Information Privacy Act (“BIPA”) when it conducted oral argument on October 26, 2017 in a BIPA...more

Universal Health v. Escobar: Supreme Court Affirms But Limits Implied-Certification Liability under False Claims Act

The U.S. Supreme Court in Universal Health Services v. U.S. ex rel. Escobar, 2016 WL 3317565 (June 16, 2016) unanimously endorsed the so-called “implied certification” theory of False Claims Act liability, under which a...more

Tyson Foods: Supreme Court Punts on Statistical Evidence and Uninjured Class Members in Class Actions

The U.S. Supreme Court largely avoided important class-certification issues and resolved Tyson Foods, Inc. v. Bouaphakeo on narrow grounds. 2016 WL 1092414 (Mar. 22, 2016). The Court affirmed a classwide jury verdict for...more

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