Biometric Litigation
DE Under 3: FTC Enters the Biometric Privacy Protection Conversation
Digital Planning Podcast Episode: Understanding Biometrics and the Impact on Estate Planning
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
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JONES DAY PRESENTS® The Impact of Digital Health on Research and Clinical Trials
#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
On May 9, 2025, the Texas Attorney General Ken Paxton announced a $1.375 billion settlement with Google—by far the largest state-level privacy settlement reached against Google to date. The settlement resolves lawsuits filed...more
Colorado was the third state in the U.S. to pass comprehensive privacy legislation, following in the footsteps of California and Virginia (the Colorado Privacy Act (the “CPA”). Now Colorado is increasing protections again,...more
Consumers have been trading their DNA for a personal genetic history lesson with 23andMe since 2007. The company has since become extremely popular and has collected a trove of genetic information relating to more than 14...more
Sports teams, leagues, agents and venues collecting personal information from athletes, fans and sponsors must comply with evolving privacy regulations. Here are key takeaways from a conversation Orrick recently hosted with...more
Below is the thirteenth weekly update on the status of proposed state privacy legislation in 2025. As always, the contents provided below are time-sensitive and subject to change....more
A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing...more
On February 10, 2025, the first class action complaint was filed under Washington state’s My Health My Data Act (“MHMDA”), over a year after the law was passed. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...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
On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more
The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more
It took some time, but we officially have the first complaint filed alleging violations of the Washington My Health, My Data Act (“MHMDA”). The complaint, filed February 10 in the U.S. District Court Western District of...more
After Washington adopted the My Health My Data Act (MHMDA) almost two years ago, we and others predicted that the law would lead to a wave of private lawsuits against companies operating in or adjacent to the health space....more
On January 16, 2025, the Federal Trade Commission (FTC) published its Final Rule officially adopting updates to the Children’s Online Privacy Protection Act (COPPA). For a comprehensive overview of these changes, be sure to...more
The National Retail Federation (NRF) “Big Show,” held annually in New York, is a premier event for unveiling cutting-edge technologies in the retail industry. This event serves as a forum where vendors showcase new tools...more
Earlier this month, after the conclusion of the public comment period, the Colorado Department of Law adopted amendments to the Colorado Privacy Act (CPA), which grants rights to Colorado consumers concerning their personal...more
It is often said that the law lags behind the pace of technological development. Yet, while computer chip implants and wearable brain activity monitors are only just starting to show technical viability, two states recently...more
California is set to amend the California Consumer Privacy Act of 2018 (CCPA) with two recent amendments that have been signed into law. Assembly Bill (AB 1008) and Senate Bill 1223 (SB 1223) aim to clarify how the law...more
On Sept. 13, the Colorado Attorney General’s Office proposed amendments to the Colorado Privacy Act (CPA) affecting biometric data, children's privacy, and opinion letters....more
Keypoint: The proposed draft amendments modify the Colorado Privacy Act Rules to create a process for issuing opinion letters and interpretative guidance and to address the biometric and children’s privacy amendments passed...more
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
On May 31, 2024, Colorado enacted H.B. 24-1130, an amendment to the Colorado Privacy Act (CPA) regarding the use of biometric information (the “Biometric Amendment”). The Biometric Amendment, effective July 1, 2025, requires...more
With state privacy laws continuing to increase, will the federal American Privacy Rights Act be adopted? Over 18 states have now enacted comprehensive state privacy laws, three of which go into effect on July 1, 2024, in...more
On April 4, 2024, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection Act (the "KCDPA" or "Act"), which takes effect January 1, 2026. The KCDPA maps in large part to the Virginia Consumer Data...more
Recent U.S. developments indicate a growing focus on regulating and investigating the data privacy practices of companies in the automotive sector. The Federal Trade Commission (FTC) recently highlighted in a blog post its...more
Introduction - Illinois has enacted laws addressing rights and obligations related to data privacy. Companies and organizations that handle, collect, disseminate, or otherwise deal in nonpublic information have a number of...more