#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
In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more
The amendments clarify that a plaintiff is only entitled to liquidated damages for up to one violation per person. Businesses had previously faced steep settlements or damage awards into the billions of dollars....more
Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified...more
The Illinois Supreme Court just ensured that employers who don’t strictly comply with the state’s landmark biometric law could be on the hook for massive damage awards, a ruling that should cause you to immediately review...more
On February 3, 2022, the Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, ruling that statutory violations of the Illinois Biometric Privacy Act (“BIPA”)...more
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
The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act is preempted by the...more
After Illinois passed its Biometric Information Privacy Act in 2008 (“BIPA”), other states have begun enacting legislation regulating business activities relating to biometric information. Texas and Washington were next,...more
Illinois Appellate Court upholds wide-reaching Rosenbach decision in the first appellate decision post-dating Rosenbach. The First District Appellate Court rejected attempts to carve exceptions into Rosenbach when it held...more
In the summer of 2017, a supermarket chain owned by Kroger was hit with a putative class-action lawsuit for allegedly violating a law protecting individuals’ biometric data and information. Originally published in Industry...more
Two significant decisions on the issue of standing to sue were handed down by the Illinois courts on January 25, 2019. Both of them offer significant assistance to the plaintiff’s class action bar by easing the requirements...more
A recent decision from the Supreme Court of Illinois heightens the risks faced by companies collecting biometric information by holding that an individual who is the subject of a violation of Illinois’ Biometric Information...more
The extent to which individuals may seek relief due to the unauthorized use of their personal information is an important issue in the privacy community. The Supreme Court of Illinois recently added its voice to this debate...more
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
The Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 et seq.) (BIPA) requires that companies obtain written consent and disclose how they collect, retain, disclose and destroy biometric identifiers such as retina or...more
Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed...more
On January 25, 2019, the Illinois State Supreme Court ruled that the state’s Biometric Information Privacy Act (BIPA) only requires individuals to show violation of the law to bring suit. Businesses with a presence in...more
In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more
The Illinois Supreme Court recently handed down its much-anticipated decision in Rosenbach v. Six Flags Entertainment Corporation et al., clarifying what makes someone “aggrieved” and able to bring a claim under the Illinois...more
The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some...more
The Illinois Supreme Court has issued its highly anticipated decision involving the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.) (BIPA), which requires that companies obtain written consent and disclose...more
The Illinois Supreme Court’s decision last week in Rosenbach v. Six Flags may have closed the first of what will be several chapters in class action litigation arising from the Illinois Biometric Information Privacy Act...more
In a highly anticipated ruling, the Illinois Supreme Court on January 25, 2019, held that plaintiffs who violated the Illinois Biometric Information Privacy Act — which regulates the collection of biometric information such...more
The Illinois Supreme Court held on January 25, 2019, that plaintiffs filing suit under the Biometric Information Privacy Act—which regulates how private entities disclose and discard biometric identifiers—do not need actual...more
• On January 25, 2019, the Illinois Supreme Court issued a decision interpreting the Biometric Information Privacy Act (BIPA) in the Rosenbach v. Six Flags Entertainment Corp. appeal. The court ruled that a plaintiff does not...more