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
Immigration Insights Podcast: International Entrepreneur Parole Program & Biometrics Requirement
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
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
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
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
Long maligned as innovation-shy, litigation practices are deploying emerging artificial intelligence technologies at a rapid rate. Technology’s ability to instantly synthesize and draw useful conclusions from large amounts of...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
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
In December 2023, the Federal Trade Commission (FTC) proposed changes to the Children’s Online Privacy Protection Act (COPPA) Rule to address the increasing use and monetization of children’s data online. The COPPA Rule,...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
The Colorado attorney general’s office just adopted significant updates to the Colorado Privacy Act (CPA) rules, which will soon introduce new obligations related to biometric data, employee biometrics, children’s privacy,...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
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
On September 13, 2024, the Colorado Attorney General published a set of proposed rules for the Colorado Privacy Act. The proposed rules introduce several significant changes aimed at enhancing consumer privacy protections and...more
Colorado employers could soon need to comply with the disclosure and consent requirements of the state’s privacy act when they collect biometric identifiers from employees or applicants – which would make Colorado the first...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
With the United States preparing to host the 2026 FIFA World Cup, the 2028 Summer Olympics in Los Angeles and the 2034 Winter Olympics in Salt Lake City, the race is on for venues, individual states and the federal government...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
Laura Balson in our Chicago office recently discussed an amendment to the Illinois Biometric Information Privacy Act. At that time, the Illinois House and Senate had passed an amendment to Illinois Biometric Information...more
On August 2, 2024, Governor Pritzker signed Senate Bill 2979 (“SB 2979”) into law, making significant changes to the Illinois Biometric Information Privacy Act (“BIPA”). By way of background, BIPA requires private employers...more