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Preemption Personally Identifiable Information

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

Shook, Hardy & Bacon L.L.P.

Walton v. Roosevelt University: An Illinois Supreme Court BIPA Win

Last week, the Illinois Supreme Court put an end to the streak of unfavorable Illinois Biometric Information Privacy Act (BIPA) opinions for defendants before that court. In Walton v. Roosevelt University, the...more

Franczek P.C.

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

Franczek P.C. on

In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

FordHarrison

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

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For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

Fisher Phillips

Illinois Supreme Court Makes Clear that Workers’ Compensation Law Does Not Preempt States’ Biometric Information Privacy Act

Fisher Phillips on

Yesterday, at long last, the Illinois Supreme Court issued a decision making clear that state workers’ compensation law does not preempt employment-based claims arising under the Biometric Information Privacy Act (BIPA). The...more

Robinson+Cole Data Privacy + Security Insider

Biometric Privacy Class Action Against DAL Global Service will Proceed

DAL Global Services LLC , an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. District Court for the Northern District of Illinois. ...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2021

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CYBERSECURITY - Microsoft Releases Additional Resources for Exchange Flaws and CISA Issues Alert - As we alerted our readers last week, Microsoft announced that its Exchange email servers have been compromised, which is...more

Robinson+Cole Data Privacy + Security Insider

New Federal Privacy Bill Introduced – Could 2021 Be the Year?

Bloomberg reported this week that the first comprehensive federal privacy bill of the year was introduced by Representative Suzan DelBene (D-Washington). The bill is known as the Information Transparency and Personal Data...more

Seyfarth Shaw LLP

Dealer Management Systems Providers Allowed to Proceed With Challenge To Arizona Dealer Data Security Law

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On Wednesday, May 20, 2020, an Arizona federal district court judge issued a long-awaited order on motions to dismiss a complaint filed by CDK Global LLC (CDK) and Reynolds & Reynolds Company (Reynolds) challenging amendments...more

Akin Gump Strauss Hauer & Feld LLP

Washington State Lawmakers Divided Over Private Right of Action and Other Relief in Dueling Data Privacy Bills

- The Washington state Senate has passed its version of a consumer data privacy bill as state lawmakers debate proposed legislation for the Washington Privacy Act, the state’s first data privacy law. - In their own bill,...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] What’s New in Washington: Spotlight on Privacy Legislation

In this episode, Akin Gump public law and policy partner Ed Pagano and senior policy advisor Galen Roehl discuss privacy legislation being considered in the U.S. Congress....more

Robinson+Cole Data Privacy + Security Insider

Biometric Suit Not Preempted by Workers’ Compensation Statute

An Illinois employee of Power Solutions International Inc. (Power Solutions) filed suit against his employer alleging violations of the Illinois Biometric Information Privacy Act (BIPA) when Power Solutions collected his...more

Akerman LLP - Health Law Rx

Is A Federal Privacy Law In The Cards for 2020?

In May of 2018, the European Union enacted the General Data Protection Rules, or GDPR, a legal framework that outlines not only how companies may collect and process personal information of EU residents, but how that data is...more

Ballard Spahr LLP

Trade groups respond to motion to dismiss lawsuit challenging Nevada law allowing applicant to rely on spouse’s or former spouse’s...

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The three trade groups challenging an amendment to Nevada law that allows an applicant for credit with no credit history to request that the creditor deem the applicant’s credit history to be identical to that of the...more

Sunstein LLP

California Leads the Nation in Privacy Protection, But To Where?

Sunstein LLP on

The California Consumer Protection Act (CCPA) is scheduled to take effect on January 1, 2020. In recent days: - The Governor of California signed into law seven CCPA amendments, - The California Attorney General...more

Seyfarth Shaw LLP

CCPA Amendments – What did California Actually Do?

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The rush for California to get all of the “rules of the road” ready for next year has seemed to cause a bit of confusion with California’s privacy law. Draft regulations were published the same day the Governor signed into...more

Ballard Spahr LLP

Trade groups challenge Nevada law allowing applicant’s reliance on spouse’s or former spouse’s credit report

Ballard Spahr LLP on

On October 1, three trade groups filed a lawsuit in Nevada federal court challenging an amendment to Nevada law that allows an applicant for credit with no credit history to request that the creditor deem the applicant’s...more

Seyfarth Shaw LLP

The Intersection of Alleged HIPAA Violations and State Negligence Law

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Synopsis: HIPAA provides no federal cause of action, but alleged HIPAA violations may be remedied in state court under state negligence law....more

Akin Gump Strauss Hauer & Feld LLP

Preemption: The Fight for the Supreme Law of the Land

Once again, the question of federal preemption of state laws has created battle lines within the halls of Congress. As with past fights over vehicle fuel efficiency standards, voting rights protections or myriad areas of the...more

Pierce Atwood LLP

Maine’s New Internet Privacy Law: What You Need to Know

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Last week, Maine enacted an internet privacy law requiring broadband internet service providers (ISPs) to obtain a customer’s express, affirmative consent before using their personal information, including browsing history....more

FordHarrison

Proposed Biometric Information Regulation May Impact Florida Employers

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As with any proposed legislation, employers must beware of the legal pitfalls that lie in wait for them, surprising those who have not considered the creative lawsuits plaintiffs’ attorneys may conjure. The most recent...more

WilmerHale

Senate Subcommittee Considers Small Business Perspectives on a Federal Data Privacy Framework

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Continuing Congress’s consideration of possible comprehensive federal privacy legislation, the Senate Commerce Committee’s Subcommittee on Manufacturing, Trade, and Consumer Protection held a hearing on March 26, 2019 on...more

Holland & Knight LLP

U.S. Congress Focused on Federal Privacy Legislation in Wake of California Consumer Privacy Act

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As companies are working to re-evaluate their privacy programs following the enactment of California's groundbreaking privacy law, eyes are now on the U.S. Congress as to whether a federal privacy standard can be achieved....more

Dechert LLP

Momentum Builds for a National Privacy Law in the United States

Dechert LLP on

Recent developments show that momentum is building for the United States to enact a national privacy law that would govern how businesses handle consumers’ personal information. High-profile data breaches, recent...more

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