#WorkforceWednesday® - State Legal Trends: Crucial Changes for Employers - Employment Law This Week®
Biometric Litigation
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Data Privacy Legislation, Part 2 (and bonus tips on teleworking from two law mamas who feel your pain!)
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
As employers deal with mounting pressure or desire to implement artificial intelligence in the workplace, they should not forget the laws in several states and localities that place limitations on the use and collection of...more
Three months into 2025, there appears to be no slowdown in the flood of privacy legislation being considered and enacted by both Congress and state legislatures. Since the California Consumer Privacy Protection Act was passed...more
The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more
Illinois’s Biometric Information Privacy Act (BIPA) continues to drive a wave of privacy-related litigation across the United States, though a 2024 amendment to the act—the first since BIPA’s enactment in 2008—may slow the...more
Last year, many of our clients began asking us about the feasibility of requiring or, at the very least, providing their employees with the option of using “wearable technology” in the workplace. As wearable technologies...more
As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel...more
Claims involving the alleged collection and use of consumer data continued to drive trends in privacy class actions and mass arbitrations in 2024. Biometrics Litigation - The Illinois Biometric Information Privacy Act...more
A putative class action complaint filed against the parent company of the New York Mets underscores the need for businesses in New York City to comply with an oft-overlooked law governing the collection and use of consumer...more
In June, the U.S. Court of Appeals for the Ninth Circuit affirmed a social media company’s summary judgment win on BIPA claims, in a sophisticated ruling providing a plausible path forward for technology companies and others...more
On September 13, 2024, the Colorado Attorney General’s (AG) Office published proposed draft amendments to the Colorado Privacy Act (CPA) Rules. The proposals include new requirements related to biometric collection and use...more
The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more
We’ve cautioned before about the danger of thinking only about US state “comprehensive” laws when looking to legal privacy and data security obligations in the United States. We’ve also mentioned that the US has a patchwork...more
The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a...more
U.S. Senate and House committee chairs took a decisive step toward enacting national data privacy legislation with the release (in draft) of the American Privacy Rights Act (APRA) on March 31. Sen. Maria Cantwell, D-Wash.,...more
2023 was an active year for data protection-related litigation. Plaintiffs continued to advance creative theories of liability against businesses, using both older and more established privacy laws (such as the Telephone...more
Class action litigation has exploded in cases involving violations of Illinois’ Biometric Information Privacy Act (“BIPA”). Less known and litigated is Illinois’s Genetic Information Privacy Act (“GIPA”) – enacted in...more
Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and...more
ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more
Perhaps in response to recent success pursuing claims under Illinois’ Biometric Information Privacy Act (BIPA), the plaintiffs’ bar is now also pursuing class actions against employers under another unique Illinois privacy...more
The Current Status of Privacy Laws Across the United States - Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more
The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more
As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more
On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more
On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more