#WorkforceWednesday® - State Legal Trends: Crucial Changes for Employers - Employment Law This Week®
Biometric Litigation
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Data Privacy Legislation, Part 2 (and bonus tips on teleworking from two law mamas who feel your pain!)
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
EU’s Highest Court Rules on Automated Decision-Making - The Court of Justice of the EU (“CJEU”) recently issued a significant ruling regarding the scope of data subjects’ right of access under the GDPR in relation to...more
Three months into 2025, there appears to be no slowdown in the flood of privacy legislation being considered and enacted by both Congress and state legislatures. Since the California Consumer Privacy Protection Act was passed...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
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
Illinois’s Biometric Information Privacy Act (BIPA) continues to drive a wave of privacy-related litigation across the United States, though a 2024 amendment to the act—the first since BIPA’s enactment in 2008—may slow the...more
Last year, many of our clients began asking us about the feasibility of requiring or, at the very least, providing their employees with the option of using “wearable technology” in the workplace. As wearable technologies...more
As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel...more
Claims involving the alleged collection and use of consumer data continued to drive trends in privacy class actions and mass arbitrations in 2024. Biometrics Litigation - The Illinois Biometric Information Privacy Act...more
As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this...more
Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort...more
Illinois Courts Split over Whether Biometric Privacy Law Amendment Applies Retroactively - Two federal judges in the Northern District of Illinois have taken conflicting views on the issue of whether the Illinois...more
Colorado AG Releases Revisions to Draft Colorado Privacy Act Rules - The Colorado Attorney General’s Office released the second version of its proposed amendments to the Colorado Privacy Act rules. This round of revisions...more
On Nov. 13, 2024, in Gregg v. Central Transport LLC, the U.S. District Court for the Northern District of Illinois confirmed that Public Act 103-0769 (previously Senate Bill 2979), which amends Illinois’ Biometric Information...more
Takeaway: We have written before about the Illinois Biometric Information Privacy Act (BIPA) and the risk of annihilating damages in class actions if every alleged biometric scan or transmittal of that scan for a single...more
On Nov. 13, Judge Elaine Bucklo of the United States Court for the Northern District of Illinois ruled that the Illinois legislature’s recent amendment to the Illinois Biometric Privacy Act (BIPA) limiting the damages...more
A recent federal court ruling in Illinois has sparked significant debate regarding the retroactive application of the August 2024 amendments to the Illinois Biometric Information Privacy Act (BIPA). In a landmark decision,...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
In June, the U.S. Court of Appeals for the Ninth Circuit affirmed a social media company’s summary judgment win on BIPA claims, in a sophisticated ruling providing a plausible path forward for technology companies and others...more
Employers have long used in-cab cameras for a variety of concerns, including protecting the driver and the public from accidents resulting from inattentive driving. Reviewing the recordings serves as a valuable training tool...more
Employers with Illinois workers should be aware of several new employment laws and amendments to existing laws that were enacted during the state’s 2024 legislative session. Below are summaries of the new requirements,...more
Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more
An Illinois federal judge has denied Meta's attempt to dismiss a biometric privacy class action involving its Messenger and Messenger Kids apps. The plaintiffs, a group of parents and children, allege that Meta unlawfully...more
On September 13, 2024, the Colorado Attorney General’s (AG) Office published proposed draft amendments to the Colorado Privacy Act (CPA) Rules. The proposals include new requirements related to biometric collection and use...more
The Illinois Biometric Information Privacy Act (“BIPA”) has posed significant litigation risk to businesses collecting biometric information since its adoption in 2008. Last year, an Illinois Supreme Court decision magnified...more
A key Chicago city council committee advanced an ordinance at its meeting today directing city departments to study the environmental and energy impacts of data centers within Chicago....more