News & Analysis as of

Biometric Information Arbitration

Morgan Lewis

Key Takeaways: Developments and Trends in Privacy Law: a Look at BIPA and Wiretapping Litigation

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The latest developments under the Biometric Information Privacy Act (BIPA) and a recent wave of wiretapping class actions and arbitrations against website operators and third-party analytics companies are analyzed in a recent...more

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

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ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Kilpatrick

Arbitration: Not Necessarily a Better Option for Companies Hit with BIPA Litigation

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Lawsuits under the Biometric Information Privacy Act (BIPA) are filed nearly every day in Illinois and other jurisdictions. In these cases, a company defending an alleged BIPA violation usually seeks to enforce a relevant...more

Carlton Fields

Seventh Circuit Affirms District Court Decision Refusing To Refer Putative Class Action Under the Illinois Biometric Information...

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In Joshua Johnson v. Mitek Systems, Inc., the Seventh Circuit affirmed a district court order denying defendant Mitek Systems, Inc.’s motion to compel arbitration of the plaintiff’s claims brought under the Illinois Biometric...more

ArentFox Schiff

Class Action Quarterly Update: Privacy and Data Protection

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Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more

Troutman Pepper

More Privacy, Please - May 2021

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Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more

Blank Rome LLP

Designing a BIPA Defense: Using Arbitration Agreements and Class Action Waivers to Limit BIPA Liability

Blank Rome LLP on

Over the last 18 months or so, companies that utilize fingerprint scanners and other biometric technologies have faced a relentless wave of class action litigation filed in connection with purported violations of Illinois’...more

Carlton Fields

Court Denies Vimeo’s Motion to Compel Arbitration of Purported Class Action Claims Under Illinois Biometric Information Privacy...

Carlton Fields on

Vimeo Inc. sought to compel arbitration of putative class claims brought by Bradley Acaley relating to the use of Magisto, a video creation app. Acaley claimed that the app’s use of face-geometry scan technology violated the...more

Carlton Fields

Illinois Federal Court Finds Shutterfly User Must Arbitrate Illinois Biometric Privacy Claim Even Though Shutterfly Unilaterally...

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Plaintiffs Vernita Miracle-Pond and Samantha Paraf, each Shutterfly users with a Shutterfly account, sued defendant Shutterfly Inc., on behalf of themselves and similarly situated Shutterfly users, under the Illinois...more

Seyfarth Shaw LLP

Illinois Federal Court Sends Privacy Class Action Against Shutterfly To Arbitration

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Seyfarth Synopsis: After a defendant in a biometric privacy class action lawsuit unilaterally implemented an arbitration clause, a federal court in Illinois granted the company’s motion to compel arbitration, holding that...more

Alston & Bird

Class Action & MDL Roundup: Spring 2019

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Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2019. There was a veritable traffic jam in the courts for the automotive industry. Manufacturers saw...more

Fox Rothschild LLP

Illinois Appellate Court Rules That Actions Under The Biometric Information Privacy Act Are Not Subject To Wage And Hour...

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With the recent spate of class actions under Illinois’ Biometric Information Privacy Act (“BIPA”), courts are considering an array of litigation-related questions that such actions pose. One such issue recently was addressed...more

Amundsen Davis LLC

Hotel Workers’ Claims Under The Biometric Information Privacy Act Are Not Subject To Arbitration Clause

Amundsen Davis LLC on

In only the latest of potential blows to companies that collect or use biometric data, an Illinois Appellate Court has ruled that claims brought by employees of the Four Seasons luxury hotel for alleged violations of the...more

Stinson LLP

Employee Biometric Privacy Claims Escape Arbitration

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A recent ruling in the Illinois Appellate Court maintained that biometric data claims under the Illinois Biometric Information Privacy Act (BIPA) do not amount to wage-and-hour claims subject to a luxury hotel owner's...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2018 #5

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It has been reported that a hacker was able to break into the servers of TheTruthSpy, a company that is described as “one of the most notorious stalkerware companies out there” (Motherboard, August 2018) and was able to steal...more

Robinson+Cole Data Privacy + Security Insider

Southwest Airlines Biometric Information Case Dismissed—Sent to Arbitration

We have been following litigation surrounding the Illinois Biometric Information Privacy Act (BIPA), and noting that many employers have been sued for using fingerprints for employees to clock into their jobs....more

Littler

What a Fool Believes? These Non-Fake Employment News Stories

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Over the last few months, many employees have sounded the alarm about sexual harassment (not funny). One issued a false alarm about an impending nuclear disaster (also not terribly funny). Sometimes Human Resources...more

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