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New York City’s Biometrics Law Has Teeth

Since 2021, the administrative code of the City of New York requires commercial establishments in New York City to post conspicuous signs by their entrances if these businesses are collecting customers’ biometric information...more

Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage [Video]

Attorneys Vita Zeltser and John Brigagliano discuss how the Illinois Supreme Court ruled that a company violates the Illinois Biometric Information Privacy Act (BIPA) each time the company scans a person’s biometric...more

Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damages

The Illinois Supreme Court ruled that a company violates the Illinois Biometric Information Privacy Act (BIPA) each time the company scans a person’s biometric information (e.g., fingerprints) without consent—not just upon...more

Anti-Wiretap Class Actions Against Website Operators Surge, but Proper Consent Can Reduce Risk [Video]

Attorneys Barry Benjamin, Vita Zeltser, John Brigagliano, and Zain Haq discuss how anti-wiretap class actions against website operators surge, but how proper consent can reduce the risk....more

For Your 2023 Worry List: Anti-Wiretap Class Actions Against Website Operators Surge, But Proper Consent Can Reduce Risk

Website session replay technology continues to fuel class action litigation alleging violations of anti-wiretap laws in all-party consent states. In 2021, we issued an alert highlighting that session replay lawsuits were...more

Countdown to 2023: Privacy Compliance Checklist for The End of The Year

In January of 2022, we recommended adding “updating privacy contracts” to your list of New Year’s resolutions. With 2023 around the corner and a number of new privacy laws and regulations going into effect, we have another...more

CCPA Financial Penalties: Four Takeaways from the California AG’s $1.2 Million Enforcement Action that Should Inform Your...

We warned you last summer that California Consumer Privacy Act (“CCPA”) enforcement was heating up! The California Attorney General (“CAG”) announced a settlement with cosmetics retailer, Sephora. That, among other penalties,...more

What To Do When Your Contractual Counterparty Gets Mired in a Public Scandal

A hypothetical: you are in-house counsel, and one morning you click on your daily news only to see one of your company’s key contractual counterparties is trending, and not in a good way. The contractual counterparty has...more

Colorado’s New Comprehensive Privacy Law: a Downhill Effort for the For-Profit Sector. But, Non-Profits, Welcome to the Slopes!

The California Consumer Privacy Act (“CCPA”) and Virginia’s Data Protection Act (“CDPA”) have created a snowball effect, encouraging Colorado to be the third state to enact comprehensive data privacy legislation. On July 7,...more

Better Than Santa Clauses? New and Improved Standard Contractual Clauses (SCCs)! And a form DPA!

Long-awaited SCCs for EU Data Transfers Adopted by European Commission with 18-month Transition Period - The EU has a cross-border data transfer framework gift for you! On June 4, 2021, the European Commission (“EC”)...more

New Class Action Trend: Website Session Replay Tools Alleged to Violate All-Party Consent Recording Requirements

“This call may be recorded for quality assurance or training purposes.” We have all heard the outgoing announcement while on hold. One benefit of this announcement is that this common courtesy is part of good customer...more

Virginia Can No Longer Say Whom Its for Without Consent Thanks to Its New Comprehensive Consumer Privacy Law

Virginia knocked off California’s crown as the only U.S. state to have a comprehensive, general consumer privacy law when Governor Ralph Northam signed the Virginia Consumer Data Protection Act (“CDPA”) into law on March 2,...more

California Attorney General Finalizes CCPA Regulations as the Law's Enforcement Date Nears

With slightly less than one month before the July 1, 2020 enforcement date of the California Consumer Privacy Act (“CCPA”), California’s Attorney General announced on June 2, 2020 that he had submitted the proposed final...more

Electronic Signatures and Electronic Delivery of Documents as a Social Distancing Business Continuity Strategy

Although U.S. law has broadly enabled the use of electronic signatures since 2000, many companies have not fully adopted the use of electronic signatures across their operations. That resistance to the use of electronic...more

5 Key Takeaways - RCG Webinar Series: Biometric Privacy Law in the U.S.: Compliance Strategies and Litigation Trends

On January 21, 2020, Kilpatrick Townsend attorneys Vita Zeltser and John Brigagliano presented a webinar on U.S. biometric data privacy, as a part of Kilpatrick’s regular Retail and Consumer Goods webinar series. The...more

[Webinar] Biometric Privacy Law in the US: Compliance Strategies and Litigation Trends - January 21st, 1:00 pm ET

Biometric technology – technology that identifies individuals based on measurements of their biological characteristics, such as facial geometry, voiceprints, or fingerprints – has become a ubiquitous part of the consumer...more

5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks [Video]

On October 17, 2019, Kilpatrick Townsend attorneys John Brigagliano and Vita Zeltser and Delta Air Lines Assistant General Counsel Jonathan Ware participated in a panel discussion on biometric data privacy, and discussed...more

5 KEY TAKEAWAYS - Biometrics: Identifying and Mitigating Legal Risks

On October 17, 2019, Kilpatrick Townsend attorneys John Brigagliano and Vita Zeltser and Delta Air Lines Assistant General Counsel Jonathan Ware participated in a panel discussion on biometric data privacy, and discussed...more

Keep Your Eye on Biometrics: Illinois High Court Waves Six Flags at Spokeo

Attention all who collect fingerprints and other biometric information of Illinois residents: a private right of action is now available for a mere technical violation of the Illinois Biometric Information Privacy Act...more

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