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One Reason Why You May Want to Revisit Your Outreach To Customers, Clients and Contacts

The speed and ease at which companies can communicate with their customers or clients continues to improve. Cool, new tech platforms are being pushed out at a rapid pace and business development, sales and marketing teams see...more

Put Down Your Phone and Watch Those Texts: New Regulations Impacting Your Outreach to Customers, Clients and Contacts

The speed, sophistication, and ease of a company’s communications or outreach with and to their customers or clients only continues to get better and better. Just ask your marketing and sales teams about the new technology or...more

BIPA Reform on the Horizon: Illinois Legislature Passes Significant Legislation Eliminating Per-Scan Damages

The first—and a significant—amendment to the Illinois Biometric Privacy Act (BIPA) has just passed both chambers of the Illinois legislature and is headed to Governor Pritzker for approval. SB2979 amends BIPA to address the...more

Don’t Gamble With Your Cybersecurity and Incident Response Plan: Lessons Learned from the Las Vegas Ransomware Attacks

Typically, we beat the drum of the need to prepare for a data incident—anything from a full-blown ransomware attack to an employee accidently sharing data with the wrong person—by having your Incident Response Plan developed...more

“Pixels” and “Cookies,” Charming Terms for Tracking Technology, Can Lead to Ugly Data Privacy Headaches

Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more

BIPA’s Discretionary Damages in Practice: BNSF Gets Its Shot to Reduce a Historic $228 Million Judgement

The Illinois Biometric Privacy Act (BIPA) provides that a prevailing party “may” recover liquidated damages for a violation of the statute. Addressing the potential for “annihilative liability” in White Castle, the Illinois...more

Best Business Practices to Prevent or Reduce the Risk of Wire Transfer Fraud

Cyber fraud has been around as long as the internet itself, but cyber criminals are more sophisticated than ever. While any experienced email user can spot a phony “Nigerian Prince” a mile away, even the most vigilant...more

It’s Now Official --- A Union Worker’s BIPA Claims are Subject to Federal Labor Law Preemption

In a rare win for employers, on March 23, 2023 the Illinois Supreme Court issued its decision in Walton v. Roosevelt University, affirming dismissal of claims brought under the Biometric Information Privacy Act (BIPA) by a...more

Another Data Collection Tool Leads to Privacy Class Actions

As companies look to innovative and useful technology to enhance their brand development and the marketing and sales of products or services, they need to remain cautious of how these tools—advancing at a lightning...more

The Hits Keep Coming: Illinois Supreme Court Finds Claims Accrue Upon Each Scan or Transmission Under BIPA

Right on the heels of the Illinois Supreme Court’s decision in Tims, the Court delivered yet another crushing blow to Illinois businesses in Cothron v. White Castle System, Inc. Answering the crucial question of when a...more

Illinois Supreme Court Confirms a 5-Year Statute of Limitations Applies to All BIPA Claims

The BIPA hits keep coming for employers and companies in Illinois. Today, in a long-awaited opinion in Tims v. Black Horse Carriers, Inc., the Illinois Supreme Court found that a five-year statute of limitations applies to...more

The California Privacy Rights Act Brings New Data Requirements for Employers in 2023

With the holidays upon us, companies are assessing year-end to-do’s and considering what 2023 will bring. For companies employing California residents, compliance with the new California Privacy Rights Act (CPRA) should be at...more

BIPA Strikes Again: $228 Million Verdict Awarded in First BIPA Jury Trial

If companies that employ Illinois residents and use any type of equipment to scan fingers, hands, face, or eyes were not yet aware of and concerned by the Illinois’ biometric privacy law, the Illinois Biometric Privacy Act...more

Top Five Data Privacy Considerations Before Using Online Hiring Platforms

In today’s virtual world so much has changed – we work from home, we attend meetings from home, and now, many companies are hiring from home. Virtual interviewing is on the rise, and for good reason. Companies can interview...more

Top 5 Cyber Security Threats the Manufacturing Industry Should Watch in 2022

Companies continue to see headlines about cyberattacks, but manufacturing companies, specifically, have become more targeted in the last few years. In the most recent issue of The Illinois Manufacturer, Molly Arranz and Sofia...more

Employers’ Rights Under the Computer Fraud and Abuse Act (CFAA) Narrowed after Supreme Court Decision in Van Buren

In today’s digital age, employers store immense amounts of information, including confidential and proprietary information, on their on-premises systems, cloud-servers and other data storage solutions. With this collection of...more

Ready Or Not: New Wisconsin Cybersecurity Law—Act 73—Imposes Cybersecurity Requirements On Insurance Providers

In reaction to the continued uptick in high profile data incidents, yesterday, Wisconsin Governor Evers signed into law Act 73, a law establishing cybersecurity requirements for the insurance industry’s protection of data...more

BIPA’s Statute Of Limitation And Claims Accrual – Two Anticipated Decisions In State And Federal Courts

For the past several years, we have periodically reported regarding the proliferation of class actions and other litigation under the Illinois Biometric Information Privacy Act (BIPA)...more

7th Circuit Allows USERRA Class Action To Proceed

Commercial air pilot and Air Force reservist Eric White filed a class action against United Airlines under the United Services Employee and Reemployment Right Act (USERRA) claiming United violated USERRA by not providing paid...more

Data Collection Class Actions On The Rise: Consider Your Privacy Compliance

Technology is moving at the speed of light while we all continue to live in a largely virtual world where we interface with each other, online, everyday. Sprinkled in are continued concerns about how companies, large and...more

IL Supreme Court To Consider Impact Of Workers’ Compensation Exclusive Remedy Rule On BIPA Claims

Back in October 2020, we reported on the McDonald v. Symphony Bronzeville Park LLC decision,where the Illinois Court of Appeals for the First District ruled that the state Workers’ Compensation Act (WCA) and its exclusivity...more

BIPA: The Ongoing Threat Of Employee Class Actions And Recent Developments

Even in the pandemic, the (high) number of class action filings based upon the Illinois Biometric Privacy Act (BIPA) remains steady. And, against that backdrop come two recent decisions that may impact how employers need to...more

A Data Protection Checklist For Education Vendors Navigating The “New Normal” Of Remote Learning

With the start of a new school year in the midst of a pandemic, many schools have opted to remain fully online or opted to have a hybrid learning environment. Regardless of the route school districts have chosen to take, the...more

A National Biometric Privacy Law? Laws Protecting “Biometric” Identifiers Continue To Cut A Blazing Trail

This month, federal legislation aimed at protecting biometric data was introduced in the U.S. Senate. If it passes, the National Biometric Information Privacy Act of 2020 would be the first comprehensive federal law on...more

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